RegulusPipeline researchPHMSA Guidance, Advisory to Owners and Operators of Gas Distribution and Gas Transmission Facilities; Continuing Educational Programs for Gas Customers and the Public
Portal detail 1Advisory to Owners and Operators of Gas Distribution and Gas Transmission Facilities; Continuing Educational Programs for Gas Customers and the Public To direct gas pipeline facility owners and operators to review and assess their § 192.615(d) continuing educational programs as applied to customers and the public. Issued Date: Monday, April 19, 1993#
Attachment 1, passage 14--93 Friday Vol. 58 No. 67 April 9, 1.993 Pages 18337-19032 AN Brifings on How To Use the Federal Register For information on briefings in 'Independence, MO, and Washington. DC, see announcement on the inside cover of this issue. L 1E 0 L I tIiI I -. B ii *, - * U#
Attachment 1, passage 2Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 FEDERAL REGISTER Published daily, Monday through Friday, (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Federal agencies. These include Presidential proclamations and Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published by act of Congress and other Federal agency documents of public interest. Documents are on file for public inspection in the Office of the Federal Register the day before the are published, unless earlier filing is requested by the issuing agency. The seal of the National Archives and Records Administration authenticates this issue of the Federal Register as the official serial publication established under the Federal Register Act. 44 U.S.C. 1507 provides that the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper, 24x microfiche format and magnetic tape. The annual subscription price for the Federal Register paper edition is $375, or $415 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $353; and magnetic tape is $37,500. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $4.50 for each issue, or $4.50 for each group of pages as actually bound; or $1.50 for each issue in microfiche form; or $175.00 per magnetic tape. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA or MasterCard. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 58 FR 12345. SUBSCRIPTIONS AND COPIES PUBLIC Subscriptions: Paper or fiche Magnetic tapes Problems with public subscriptions Single copietdack copies: Paper or fiche Magnetic tapes Problems with public single copies FEDERAL AGENCIES Subscription: Paper or fiche Magnetic tapes Problems with Federal agency subscriptions For other telehoe nmnthers s the Readr Aids section at the end of thi Issue. 202-783-3238 512-1530 512-2303 .783-3238 512-1530 512-2457 523-5243 512-1530 523-5243 THE FEDERAL REGISTER WHAT IT IS AND HOW TO USE IT FOR: Any person who uses the Federal Register and Code of Federal Regulations. WHO: WHAT: WHY: The Office of the Federal Register. Free public briefings (approximately 3 hours) to present: 1. The regulatory process, with a focus on the Federal Register system and the public's role in the development of regulations. 2. The relationship between the Federal Register and Code of Federal Regulations. 3. The important elements of typical Federal Register documents. 4. An introduction to the finding aids of the FR/CFR system. To provide the public with access to information necessary to research Federal agency regulations which directly affect them. There will be no discussion of specific agency regulations. WHEN: WHERE: RESERVATIONS: INDEPENDENCE, MO April 27,. at 9:30 am Harry S. Truman Library U.S. Highway 24 and Delaware St. Multipurpose Room Independence, MO Federal Information Center 1-800-735-8004 or 1-800-366-2998 for the St. Louis area. WHEN: WHERE: RESERVATIONS: WASHINGTON, DC May 12 and June 15 at 9:00 am Office of the Federal Register, 7th Floor Conference Room, 800 North Capitol Street NW, Washington, DC (3 blocks north of Union Station Metro) 202-523-4538 @ Printed on recycled paper containing 100% post consumer waste#
Attachment 1, passage 3Contents Federal Register Vol. 58, No. 67 Friday, April 9, 1993 Agency for International Development NOTICES NOTICES Meetings: International Food and Agricultural Development and Economic Cooperation Board, 18416 Meetings: Technology Reinvestment Project regional briefings, 18379 Delaware River Basin Commission Agricultural Marketing Service See Packers and Stockyards Administration RULES Restricted use pesticides, recordkeeping by certified applicators; surveys and reports, 19014 PROPOSED RULES Practice and procedure rules: Administrative manual- Nonpoint sources of pollution; special protection waters; hearings, 18352 NOTICES Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Packers and Stockyards Administration Comprehensive plan and water code; and administrative manual; amendments, 18380 Education Department NOTICES Grants and cooperative agreements; availability, etc.: Animal and Plant Health Inspection Service Life skills for State and local prisoners program; NOTICES Environmental statements; availability, etc.: Medfly cooperative eradication program, 18366 correction, 18381 School construction in areas affected by Federal activities program, 18381 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Employment Standards Administration. NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 18418 Coast Guard PROPOSED RULES Energy Department Drawbridge operations: See Federal Energy Regulatory Commission Oregon, 18358 See Southeastern Power Administration Commerce Department Environmental Protection Agency See Export Administration Bureau PROPOSED RULES See International Trade Administration Water pollution control: See National Oceanic and Atmospheric Administration Oil pollution prevention- NOTICES Non-transportation-related onshore facilities, 19030 Agency information collection activities under OMB NOTICES review, 18367 Environmental statements; availability, etc.: Agency statements- Committee for Purchase From People Who Are Blind or Comment availability, 18392 Severely Disabled Weekly receipts, 18394 NOTICES Meetings: Procurement list: additions and deletions, 18377, 18378, Science Advisory Board, 18393, 18395 18379 Water pollution control: Clean Water Act- Committee for the Implementation of Textile Agreements State water quality standards; approval and disapproval NOTICES lists and individual control strategies; availability, Cotton, wool, and man-made textiles: 18395 Sri Lanka, 18376 Export Administration Bureau Customs Service NOTICES NOTICES Export privileges, actions affecting: Trade name recordation applications: Burger, Peter, et al., 18368 Dovex Inc., 18446 Meetings: Telecommunications Equipment Technical Advisory Defense Department Committee, 1.8368 RULES Acquisition regulations: Federal Aviation Administration Recoupment of nonrecurring costs on sales or licensing of RULES U.S. items Airworthiness directives: Correction, 18448 Aerospatiale, 18337#
Attachment 1, passage 4IV Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Contents Airbus Industrie, 18338 AMI Industries, Inc., 18340 British Aerospace, 18341 Fokker, 18342 Airworthiness standards: Normal, utility, acrobatic, and commuter category airplanes- Powerplant and equipment standards, 18958 Jet routes, 18344 Restricted areas, 18345 Transition areas, 18344 PROPOSED RULES Airworthiness directives: Airbus Industrie, 18347 Gulfstream, 18347 Jet routes, 18349 Restricted areas, 18351 VOR Federal airways, 18350 NOTICES Passenger facility charges; applications, etc.: Chicago Midway Airport, IL, 18439 Chicago O'Hare International Airport, IL, 18438 Indianapolis International Airport, IN, 18439 Redmond Municipal Airport, OR, 18440 San Jose International Airport, CA, 18441 Federal Energy Regulatory Commission NOTICES Electric rate, small power production, and interlocking directorate filings, etc.: West Texas Utilities Co. at al., 18381 Hydroelectric applications, 18384 Natural Gas Policy Act and natural gas companies (Natural Gas Act): Natural gas data collection system- Edit-checking software for FERC Form No. 2; availability, 18390 Preliminary permits surrender: Russell Canyon Corp., 18391 Applications, hearings, determinations, etc.: Northern States Power Co., 18391 Orange & Rockland Utilities, Inc., 18391 Public Service Electric & Gas Co., 18391 Puget Sound Power & Light Co., 18391 Richfield Gas Storage System, 18392 Toledo Edison Co., 18392 Federal Highway Administration NOTICES Control substances and alcohol testing pilot program; documents availability, 18441 Environmental statements; notice of intent: Anderson and Greenville Counties, SC, 18443 Federal Procurement Policy Office PROPOSED RULES Acquisition regulations: Cost Accounting Standards Board- Cost accounting standards coverage; applicability and thresholds, 18363 NOTICES Acquisition regulations: Cost Accounting Standards Board- Organizational and cost accounting practices changes, 18428 Federal Railroad Administration RULES Railroad operating rules: Locomotive engineers; qualifications, 18982 Federal Reserve System NOTICES Applications, hearings, determinations, etc.: Centura Banks, Inc., at al., 18396 Feaster, George Edward, et al., 18396 Montfort Bancorporation, Inc., et al., 18397 Federal Trade Commission NOTICES Prohibited trade practices: Abbott Laboratories, 18397 Conair Corp., 18400 Health Management Resources Corp., 18402 United Weight Control Corp., 18406 Fish and Wildlife Service PROPOSED RULES Migratory bird hunting: Seasons, limits, and shooting hours; establishment, etc., 19008 Food and Drug Administration RULES Organization, functions, and authority delegations: Center for Biologics Evaluation and Research, 18346 Health and Human Services Department See Food and Drug Administration See National Institutes of Health See Public Health Service Health Resources and Services Administration See Public Health Service Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless- Excess and surplus Federal property, 18411 Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service Internal Revenue Service RULES Income taxes: Qualified retirement plans- Nondiscrimination requirements and miscellaneous amendments; correction, 18448 International Development Cooperation Agency See Agency for International Development International Trade Administration NOTICES Antidumping and countervailing duties: Administrative review requests, 18374 Countervailing duties: Stainless steel cooking ware from- Korea, 18375#
Attachment 1, passage 5Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Contents V Interstate Commerce Commission NOTICES Meetings: Association of American Railroads; rate guidelines for non-coal proceedings, 18416 Railroad operation, acquisition, construction, etc.: Middlewest Motor Freight Bureau, Inc., et al., 18417 Justice Department PROPOSED RULES Earthquake Hazards Reduction Act: Seismic safety program in Federal and federally assisted or regulated new building construction, 18360 Labor Department See Employment Standards Administration See Mine Safety and Health. Administration See Pension and Welfare Benefits Administration NOTICES Meetings: Trade Negotiations and Trade Policy Labor Advisory Committee, 18418 Land Management Bureau PROPOSED RULES Coal management: Federal coal management program- Decisions remaining effective pending appeal to Land Appeals Board, 18362 NOTICES Closure of public lands: Arizona, 18412 Nevada, 18412 Management framework plans, etc.: Utah; correction, 18413 Realty actions; sales, leases, etc.: Nevada, 18413, 18414 New Mexico, 18415 Resource management plans, etc.: Grand Junction Resource Area, CO, 18414 Management and Budget Office See Federal Procurement Policy Office Minerals Management Service NOTICES Outer Continental Shelf operations: Oil and gas lease sales; restricted joint bidders list, 18416 Mine Safety and Health Administration NOTICES Safety standard petitions: Baylor Rush Inc. et al., 18419 National Indian Gaming Commission PROPOSED RULES National Environmental Policy Act; implementation, 18353 National Institutes of Health NOTICES Meetings: National Institute of Child Health and Human Development, 18410 National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Summer flounder, 18365 NOTICES Meetings: Permits: Marine mammals, 18375 North Pacific Fishery Management Council, 18375 Nuclear Regulatory Commission NOTICES Agency information collection activities under OMB review, 18427 ' Packers and Stockyards Administration NOTICES Stockyards; posting and deposting: Capital Stockyard, Inc., AL, 18367 Granger Trading Barn, MS, 18367 London Auction Barn, AR, et al., 18367 Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions: Fred Hervey Interests et al., 18420 Welborn Clinic et al., 18426 Public Health Service See Food and Drug Administration See National Institutes of Health NOTICES Agency information collection activities under OMB review, 18411 Research and Special Programs Administration NOTICES Gas distribution and gas transmission facilities owners and operators; advisory bulletin, 18443 Securities and Exchange Commission PROPOSED RULES Investment companies: Exemptive orders and expanded delegated authority; expedited procedure, 18352 NOTICES Agency information collection activities under 0MB review, 18429, 18430, Alternative dispute resolution policy, 18430 Electronic Data Gathering, Analysis, and Retrieval System (EDGAR): Filer Manual availability, 18638 Self-regulatory organizations; proposed rule changes: American Stock Exchange, Inc., 18431, 18432 Boston Stock Exchange, Inc., 18433 Self-regulatory organizations; unlisted trading privileges: Midwest Stock Exchange, Inc., 18434 Applications, hearings, determinations, etc.: Public utility holding company filings, 18435 Sagamore Funds Trust et al., 18436 Small Business Administration NOTICES Meetings; regional advisory councils: Arkansas, 18437 Maine, 18437 West Virginia, 18438 Southeastern Power Administration NOTICES Power rates: Georgia-Alabama-South Carolina System of Projects, 18392#
Attachment 1, passage 6VI Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Contents Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Department - See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Research and Special Programs Administration NOTICES International cargo rate flexibility level: Standard foreign fare level- Index adjustment factors, 18438 Meetings: Commercial Space Transportation Advisory Committee, 18438 Treasury Department See Customs Service See Internal Revenue Service NOTICES Agency information collection activities under OMB review, 18444 United States Information Agency NOTICES Art objects, importation for exhibition: Great Age of British Watercolors: 1750-1880, 18446 Veterans Affairs Department NOTICES Meetings: Wage Committee, 18446 Part III Department of Transportation, Federal Aviation Administration, 18957 Part IV Department of Transportation. Federal Railroad Administration, 18981 Part V Department of the Interior, Fish and Wildlife Service, 19007 Part VI Department of Agriculture, Agricultural Marketing Service, 19013 Part VII Environmental Protection Agency, 19029 Reader Aids Additional information, including a list of public laws, telephone numbers, and finding aids, appears in the Reader Aids section at the end of this issue. Electronic Bulletin Board Free Electronic Bulletin Board service for Public * Law numbers, Federal Register finding aids, and a list of Clinton Administration officials is available on 202-275-1538 or 275-0920. Separate Parts In This Issue Part II Securities and Exchange Commission, 18637#
Attachment 1, passage 7Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 /'Contents VII CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found In the Reader Aids section at the end of this Issue. 7 CFR 110 ................................... 19014 14 CFR 23 ..................................... 18958 39 (5 documents) ........... 18337, 18338,18340,18341, 18342 71 (2 documents) ............ 18344 73 ..................................... 18345 Proposed Rules: 39 (2 documents) ............ 18347 71(2 documents) ........... 18349, 18350 73 ..................................... 18351 17 CFR Proposed Rules: 200 .............................. .... ,18352 270 .................... 18352 18 CFR Proposed Rules: 401 ................................... 18352 21 CFR 5 ....................................... 18346 25 CFR Proposed Rules: 518 ................................... 18353 26 CFR 1 ....................................... 18448 33 CFR Proposed Rules: 117 ................................... 18358 40 CFA Proposed Rules: 112 ................................... 19030 41 CFR Proposed Rules: 128-1 .............. 18360 43 CFR Proposed Rules: 3400................................ 18362 48 CFR 215 ................................... 18448 252 ................................... 18448 Proposed Rules: 9903 ................................. 18363 49 CFR 240 ................................... 18982 50 CFR Proposed Rules: 20 ..................................... 19008 625 ................................... 18365#
Attachment 1, passage 818337 Rules and Regulations Federal Register Vol. 58, No. 67 Friday,'April 9, 1993 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which Is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations Is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER Issue of each week. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 92-NM-163-AD; Amendment 39-8535; AD 93-07-03] Airworthiness Directives; Aerospatisle Model ATR42-300 Series Airplanes, and Model ATR72-100 and -200 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to all Aerospatiale Model ATR42-300 series airplanes, and all Model ATR72-100 and -200 series airplanes, that requires replacement of certain electrical push button switches which control the cabin pressurization valves and attach the emergency battery to the standby bus. This amendment is prompted by reports of faulty electrical push button switches. The actions specified by this AD are intended to prevent failure of the pressurization valves to close in the event of ditching, and to prevent interruption of electrical power to certain electrical equipment used during approach and landing. DATES: Effective May 10, 1993. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 10, 1993. ADDRESSES: The service information referenced in this AD may be obtained from Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 03, France. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer, Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056, telephone (206) 227-1112; fax (206) 227-1320. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations to include an airworthiness directive (AD) that is applicable to all Aerospatiale Model ATR42-300 series airplanes, and all Model ATR72-100 and -200 series airplanes was published in the Federal Register on December 18, 1992 (57 FR 60142). That action proposed to require replacement of certain electrical push button switches which control the cabin pressurization valves and attach the emergency battery to the standby bus. Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. One commenter supports the proposal but requests that additional time for compliance with the requirements of the final rule not be added when the final rule is published in the Federal Register. This commenter suggests that the proposed compliance time may be unnecessarily extended by making the effective date substantially later than the Federal Register publication date. The commenter considers that this procedure arbitrarily assigns additional time to correct safety deficiencies which are critical to the safety of the flying public. The FAA does not concur with the commenter's request for two reasons: First, in developing the compliance time for this AD action, the FAA considered not only the safety . implications of the unsafe condition addressed, but the average utilization rate of the affected fleet, the practical aspects of an orderly modification of the fleet during regular maintenance periods, the availability of required modification parts, and the time necessary for the rulemaking process. The proposed compliance time of 30 days following the effective date of the final rule was determined to be appropriate. Scond, the effective dates for AD actions are not arbitrarily assigned, as the commenter implies. The Administrative Procedure Act (APA) requires that Federal agencies provide at least 30 days after publication of a final rule in the Federal Register before making it effective, unless "good cause" can be found not to do so. Under the APA, the basis for this finding is similar to the basis for a finding of good cause to dispense with notice and comment procedures in issuing rules. In the case of certain AD's, the nature of the action may be of such urgency that for the FAA to take any additional time to provide notice and opportunity for prior public comment would be impracticable; in those cases, the FAA finds good cause for making the rule effective in less than 30 days. In the case of this AD action, however, the FAA did not consider that the addressed unsafe condition was of such a critical nature that time could not be afforded for notice and the opportunity for the public to comment on the rule. It follows then, that there is no basis for finding good cause for making this rule effective in less than 30 days. For final rules following notice, the FAA usually assigns an effective date of 30 days after publication. Aerospatiale requests that the compliance time to perform the replacement of the affected switches with serviceable switches, as required by proposed paragraph (a), be revised from "* * * prior to further flight" to read "* * within 30 days after the effective date of this AD." The commenter believes that, as it is currently stated, the proposed requirement will cause some airplanes to be grounded, due to a lack of serviceable switch parts. The FAA does not concur. The FAA has verified that an ample number of required parts will be available for modification of the U.S. fleet within the proposed compliance period. Paragraph (a) of the proposal requires removal and identification of electrical switches within 30 days following the effective date of the AD. Replacement must be accomplished, prior to further flight, only if an improper switch is discovered. Therefore, the FAA has determined that the provisions of paragraph (a) of the final rule are appropriate. . After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed.#
Attachment 1, passage 918338 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations The FAA estimates that 17 airplanes of U.S. registry will be affected by this AD, that it will take approximately 4 work hours per airplane to accomplish the required actions, and that the average labor rate is $55 per work hour. Required parts would be provided by the manufacturer at no cost to operators. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $3,740, or $220 per airplane. This total cost figure assumes that no operator has yet accomplished the requirements of this AD. The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. For the reasons discussed above, I certify that this action (1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation. Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 of the Federal Aviation Regulations as follows: PART 39-AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. § 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: 93-07-03 Aerospatiale: Amendment 39- 8535. Docket 92-NM-163-AD. Applicability: All Model ATR42-300 series airplanes, and all Model ATR72-100 and -200 series airplanes; certificated in any category. Compliance: Required as indicated, unless accomplished previously. To prevent failure of the pressurization valves to close in the event of ditching, and to prevent interruption of electrical power to certain electrical equipment used during approach and landing, accomplish the following: (a) Within 30 days after the effective date of this AD, remove the electrical switches, part numbers 9PD and 12HM, and identify the date codes in accordance with Aerospatiale Service Bulletin ATR42-31- 0023, dated May 15, 1992 (for Model ATR42- 300 and -320 series airplanes); or Aerospatiale Service Bulletin ATR72-31- 1006, dated May 15, 1992 (for Model ATR72- 100 and -200 series airplanes); as applicable. (1) If the date code is identified as A6, A7, A8, A9, AO, AN, AD, B1, B2, B3, B4, B5, B6, or B7, prior to further flight, replace the currently-installed switch with a serviceable switch marked with a date code other than those listed above. (2) If the date code is other than those listed in paragraph (a)(1) of this AD, reinstall the switch. No further action is necessary. (b) As of the effective date of this AD, no person shall install an electrical switch, part numbers 9PD and 12HM, having a date code of A6, A7, AS, A9, AO, AN, AD, B1, B2, B3, B4, B5, B6, or B7, on any airplane. (c) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Standardization Branch, ANM-113. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Standardization Branch, ANM-113. Note: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the StandardiZation Branch, ANM-113. (d) Special flight permits may be issued in accordance with FAR 21.197 and 21.199 to operate the airplane to a location where the requirements of this AD can be accomplished. (e) The removal and identification shall be done in accordance with Aerospatiale Service Bulletin ATR42-31-0023, dated May 15, 1992 (for Model ATR42-300 and -320 series airplanes); or Aerospatiale Service Bulletin ATR72-31-1006, dated May 15, 1992 (for Model ATR72-100 and -200 series airplanes); as applicable. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Codex 03, France. Copies may be inspected at the FAA, Transport Airplane Directorate. 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register. 800 North Capitol Street, NW., suite 700, Washington, DC. (f) This amendment becomes effective on May 10, 1993. Issued in Renton, Washington, on April 2, 1993. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 93-8352 Filed 4-8-93; 8:45 am] BILNG CODE 4010-1-P 14 CFR Part 39 [Docket No. 92-NM-101-AD; Amendment 39-8534; AD 93-07-02] Airworthiness Directives; Airbus Industrle Model A310 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain Airbus Industrie Model A310 series airplanes, that requires conducting repetitive integrity tests to detect corrosion in the wing tip brake solenoids and replacement of corroded solenoids. This amendment also provides terminating action for these repetitive tests. This amendment is prompted by several incidents in which wing tip brake solenoids failed as a result of corrosion in the solenoid coils. The actions specified by this AD are intended to prevent wing tip brake valve failure, which could lead to reduced controllability of the airplane. DATES: Effective May 10, 1993. * The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 10, 1993. ADDRESSES: The service information referenced in this AD may be obtained from Airbus Industrie, Airbus Support Division, I Rend Point Maurice Bellonte, 31707 Blagnac Cedex, France. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Mr. Greg Holt, Aerospace Engineer, Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,#
Attachment 1, passage 10Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18339 Washington 98055-4056; telephone (206) 227-2140; fax (206) 227-1320. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations to include an airworthiness directive (AD) that is applicable to certain Airbus Industrie Model A310 series airplanes was published as a supplemental notice of proposed rulemaking (NPRM) in the Federal Register on January 25, 1993 (58 FR 5947). That action proposed to require conducting repetitive integrity tests to detect corrosion in the wing tip brake solenoids and replacement of corroded solenoids. That action also proposed to provide a terminating action for these repetitive tests. Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the two comments received. Both commenters support the proposed rule. After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed. The FAA estimates that 22 airplanes of U.S. registry will be affected by this AD, that it will take approximately 2.5 work hours per airplane to accomplish the required actions, and that the average labor rate is $55 per work hour. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $3,025, or $138 per airplane. This total cost figure assumes that no operator has yet accomplished the requirements of this AD. The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. For the reasons discussed above, I certify that this action (1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it Is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 of the Federal Aviation Regulations as follows: PART 39-AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. *39.13 [Amended) 2. Section 39.13 is amended by adding the following new airworthiness directive: 93-07-02 Airbus Industrie: Amendment 39- 8534. Docket 92-NM-101-AD. Applicability: Model A310 series airplanes on which Modification 6725 has not been accomplished; certificated in any category. Compliance: Required as indicated, unless accomplished previously. Service bulletin reference and date To prevent wing tip brake valve failure, which could lead to reduced controllability of the airplane, accomplish the following. (a) Within 350 flight hours after the effective date of this AD, conduct an integrity test to detect corrosion of the wing tip brake solenoids, in accordance with Airbus Industrie Service Bulletin A310-27-2042, Revision 1, dated December 11, 1986. Thereafter, repeat the integrity test at intervals not to exceed 350 flight hours. (b) If corrosion in any wing tip brake solenoid is detected as a result of any integrity test required by paragraph (a) of this AD, prior to further flight, replace the corroded solenoid with a modified one having part number 500A00003-03. After such replacement, continue to perform integrity tests on all 8 solenoids at intervals not to exceed 350 flight hours until all 8 solenoids have been replaced with modified solenoids. (c) Installation of Modification 6725 in accordance with Airbus Industrie Service Bulletin A310-27-2046, Revision 1, dated November 24, 1989, which involves the installation of modified solenoids on all 8 solenoid valves in the wing tip brake, constitutes terminating action for the Integrity testing required by paragraphs (a) and (b) of this AD. (d) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Standardization Branch, ANM-113, FAA, Transport Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Standardization Branch, ANM-113. Note: Information concerning the existence of approved alternative methods of compliance with this AD. if any. may be obtained from the Standardization Branch, ANM-113. (e) Special flight permits may be issued in accordance with FAR 21.197 and 21.199 to operate the airplane to a location where the requirements of this AD can be accomplished. (f) The integrity test and modification shall be done in accordance with the following Airbus Industrie service bulletins, which contain the specified effective pages: Revision level Page No. shown on Date shown on page page A310-27-2042 Revision No. 1 ......................................................................................... 1-2, 5-6 ....... 1 ................... December 11, 1986. December 11, 1986 ....................................................................................................... 3-4 ............... Original ......... June 20, 1986. A310-27-2046 Revision No. 1 ........................................................................................ 1-2 ............... 1 .. ...... November 24, 1989. November 24, 1989 .........................................-.. ............... O. . ..................................... . ............... Odginal ......... February 2, 1987. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Airbus Industrie, Airbus Support Division, I Rend Point Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. (g) This amendment becomes effective on May 10, 1993.#
Attachment 1, passage 1118340 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations Issued in Renton, Washington, on April 2, 1993. Darrell M. Pederson. Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 9:-8353 Filed 4-8-93; 8:45 am] BILUNG CODE 4910-"-P 14 CFR Part 39 (Docket No. 92-NM-184-AD; Amendment 39-8537; AD 93-07-05] Airworthiness Directives; AMI Industries, Inc., Pilot and Co-Pilot Seats, Model 1108, as Installed In, but not Umited to, do Havilland Model DHC-8 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain AMI Industries, Inc., pilot and co-pilot seats, that requires replacement of lap belt attachment links for certain pilot and co-pilot seats. This amendment is prompted by a report that a lap belt link fitting failed due to fatigue. The actions specified by this AD are intended to prevent failure of the pilot's and co- pilot's lap belts during air turbulence, which could lead to reduced ability of the pilots to control the airplane. DATES: Effective May 10, 1993. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 10, 1993. ADDRESSES: The service information referenced in this AD may be obtained from AMI Industries, Inc., 1275 North Newport Road, Colorado Springs, Colorado 80916. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC, FOR FURTHER INFORMATION CONTACT: Pliny Brestel, Aerospace Engineer, Seattle Aircraft Certification Office, Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 227-2783; fax (206) 227-1181. SUPPLEMENTARY INFORMATION: A proposal to amend part 39-of the Federal Aviation Regulations to Include an airworthiness directive (AD) that is applicable to certain AMI Industries, Inc., pilot and co-pilot seats, was published in the Federal Register on December 18, 1992 (57 FR 60146). That action proposed to require replacement of lap belt attachment links for certain pilot and co-pilot seats. Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the single comment received. One commenter supports the proposal, but requests that additional time for compliance with the requirements of the final rule not be added when the rule is published in the Federal Register. This commenter suggests that the compliance time may be unnecessarily extended by making the effective date of the final rule substantially later than the Federal Register publication date. The commenter considers that this procedure arbitrarily assigns additional time to correct safety deficiencies which are critical to the safety of the flying public. The FAA does not concur with the commenter's request for two reasons: First, in developing the compliance time for this AD action, the FAA considered not only the safety implications of the unsafe condition addressed, but the average utilization rate of the affected fleet, the practical aspects of an orderly modification of the fleet during regular maintenance periods, the availability of required modification parts, and the time necessary for the rulemaking process. The proposed compliance time of 60 days following the effective date of the final rule was determined to be appropriate. Second, the effective dates for AD actions are not arbitrarily assigned, as the commenter implies. The Administrative Procedure Act (APA) requires that Federal agencies provide at least 30 days after publication of a final rule in the Federal Register before making it effective, unless "good cause" can be found not to do so. Under the APA, the basis for this finding is similar to the basis for a finding of good cause to dispense with notice and comment procedures in issuing rules. In the case of certain AD's, the nature of the action may be of such urgency that for the FAA to take any additional time to provide notice and opportunity for prior public comment would be impracticable; in those cases, the FAA finds good cause for making the rule effective in less than 30 days. In the case of this AD action, however, the FAA did not consider that the addressed unsafe condition was of such a critical nature that time could not be afforded for notice and the opportunity for the public to comment on the rule. It follows then, that there is no basis for finding good cause for making this rule effective in less than 30 days. For final rules following notice, the FAA usually assigns an effective date of 30 days after publication. After careful review of the available data, including the comment noted above, the FAA has determined that aii safety and the public interest require the adoption of the rule as proposed. The actual number of pilot and co- pilot seats of the affected design in the worldwide fleet is not known. However, the FAA is aware that the subject seats may be installed in, but not limited to, de Havilland Model DHC-8 series airplanes. There are approximately 109 of these airplanes in the worldwide fleet; of this number, the FAA estimates that 85 airplanes are of U.S. registry. It will take approximately 1 work hour per airplane to accomplish the required actions, at an average labor rate of $55 per work hour. Required parts will be supplied by the parts manufacturer at no cost to the operators. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $4,675, or $55 per airplane. This total cost figure assumes that no operator has yet accomplished the requirements of this AD. The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. For the reasons discussed above, I certify that this action (1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES." List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.#
Attachment 1, passage 12Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18341 Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 of the Federal Aviation Regulations as follows: PART 39-AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.8q. §39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: 93-07-05 AMI Industries, Inc.: Amendment 39-8537. Docket 92-NM-184-AD. Applicability: Pilot and Co-Pilot Seats, Model 1108, serial numbers 004 to 189, inclusive; as Installed In, but not limited to de Havilland Model DHC-8 series airplanes. Compliance: Required as indicated, unless accomplished previously. To prevent failure of the pilot's and co- pilot's lap belts during air turbulence, which could lead to reduced ability of the pilots to control the airplane, accomplish the following: (a) Within 60 days after the effective date of this AD, remove the lap belt attachment links and install the improved lap belt attachment link kit, P/N 1B9014-3R, in accordance with AMI Industries, Inc., Service Bulletin 25-1108-03, dated May 20, 1992. (b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Seattle Aircraft Certification Office (ACO). Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Seattle ACO. Note: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Seattle ACO. (c) Special flight permits may be issued in accordance with FAR 21.197 and 21.199 to operate the airplane to a location where the requirements of this AD can be accomplished. (d) The replacement shall be done in accordance with AMI Industries, Inc., Service Bulletin 25-1108-03, dated May 20, 1992. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and I CFR part 51. Copies may be obtained from AMI Industries, Inc., 1275 North Newport Road, Colorado Springs, Colorado 80916. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street. NW., suite 700, Washington, DC. (e) This amendment becomes effective on May 10, 1993. Issued in Renton, Washington, on April 2, 1993. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. IFR Doc. 93-8349 Filed 4-8-93; 8:45 am] WW140 CODE 410-13-P 14 CFR Part 39 [Docket No. 92-NM-189-AD; Amendment 39-8536; AD 93-07-04] Airworthiness Directives; British Aerospace Model ATP Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain British Aerospace Model ATP series airplanes, that requires a one-time general visual inspection to ensure that the bolt and nut assemblies on the flanged-coupling assembly on the right flap gearbox drive have split pins installed, and if split pins are missing, repetitive check tightening of the bolts until split pins are installed. This amendment is prompted by reports that during production, split pins may have been omitted from the bolt and nut assemblies on the flanged-coupling assembly. The actions specified by this AD are intended to prevent possible loss of integrity and security of the flap drive system. DATES: Effective May 10, 1993. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 10, 1993. ADDRESSES: The service information referenced in this AD may be obtained from Jetstream Aircraft, Inc., Librarian for Service Bulletins, P.O. Box 16029, Dulles International Airport. Washington, DC 20041-6029. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Mr. William Schroeder, Aerospace Engineer, Standardization Branch, ANM-113, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 227-2148; fax (206) 227-1320. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations to include an airworthiness directive (AD) that is applicable to certain British Aerospace Model ATP series airplanes was published in the Federal Register on December 22, 1992 (57 FR 60745). That action proposed to require a one-time visual inspection to ensure that the bolt and nut assemblies on the flanged- coupling assembly on the right flap gearbox drive have split pins installed, and if split pins are missing, repetitive check tightening of the bolts until split pins are installed. Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the single comment received. The commenter supports the proposed rule, but requests that additional time for compliance with the requirements of the final rule not be added when the final rule is published in the Federal Register. This commenter suggests that the proposed compliance time may be unnecessarily extended by making the effective date substantially later than the Federal Register publication date. The commenter considers that this procedure arbitrarily assigns additional time to correct safety deficiencies which are critical to the safety of the flying public. The FAA does not concur with the commenter's request for two reasons: First, in developing the compliance time for this AD action, the FAA considered not only the safety implications of the unsafe condition addressed, but the average utilization rate of the affected fleet, the practical aspects of an orderly inspection of the fleet during regular maintenance periods, the availability of necessary modification parts, and the time necessary for the rulemaking process. The proposed compliance time of 14 days following the effective date of the final rule was determined to be appropriate. Second, the effective dates for AD actions are not arbitrarily assigned, as the commenter implies. The Administrative Procedure Act (APA) requires that Federal agencies provide at least 30 days after publication of a final rule in the Federal Register before making it effective, unless "good cause" can be found not to do so. Under the APA, the basis for this finding is similar to the basis for a finding of good cause to dispense with notice and comment procedures in issuing rules. In the case of certain AD's, the nature of the action may be of such urgency that for the FAA to take any additional time to provide#
Attachment 1, passage 1318342 Federal Register / Vol, 58, No. 67 / Friday, April 9, 1993 notice and opportunity for prior public comment would be impracticable; in those cases, the FAA finds good cause for making the rule effective in less than 30 days. In the case of this AD action, however, the FAA did not consider that the addressed unsafe condition was of such a critical nature that time could not be afforded for notice and the opportunity for the public to comment on the rule. It follows then, that there is no basis for finding good cause for making this rule effective in less than 30 days. For final rules following notice, the FAA usually assigns an effective date of 30 days after publication. Paragraph (a) of the final rule has been revised to clarify that the required visual inspection is a "general' visual inspection, After careful review of the available data, including the comment noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the change previously described. The FAA has determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. The FAA estimates that 10 airplanes of U.S. registry will be affected by this AD, that it will take approximately 0.5 workhour per airplane to accomplish the required actions, and that the average labor rate is $55 per workhour. Based on these figures, the total cost Impact of the AD on U.S. operators is estimated to be $275. The FAA has been advised that all 10 U.S.-registered airplanes have been modified in accordance with the requirements of this AD. Therefore, there is no future economic cost impact of this rule on U.S. operators. The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. For the reasons discussed above, I certify that this action (1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979): and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES." List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 of the Federal Aviation Regulations as follows: PART 39-AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. App. 1354(a), 1421 and 1423: 49 U.S.C. 106(g); and 14 CFR 11.89. § 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: 93-07-04 British Aerospace: Amendment 39-8536. Docket 92-NM-189-AD. Applicability: Model ATP series airplanes; serial numbers 2001 through 2049, inclusive; certificated in any category. Compliance: Required as indicated, unless accomplished previously. To prevent possible loss of integrity and security of the flap drive system, accomplish the following: (a) Within 14 days after the effective date of this AD, perform a one-time general visual inspection of the primary flap drive torque tubes to ensure that the four bolt and nut assemblies on the splined flanged-coupling assembly on the right gearbox drive at station 0 have split pins installed, in accordance with British Aerospace Service Bulletin ATP-27-55, dated August 14, 1992. (1) If split pins are installed, no further action is necessary. (2) If any split pin is missing, accomplish the requirements of both paragraphs (a)(2)(i) and (a)(2)(ii) of this AD: (i) Prior to further flight, check tighten each of the four bolts to 8 to 10 foot pounds torque. Repeat this check tightening thereafter at intervals not to exceed 14 days. (ii) Within 6 months after the effective date of this AD, install split pins in the bolt and nut assemblies in accordance with British Aerospace Service Bulletin ATP-27-55, dated August 14, 1992. Installation of these split pins constitutes terminating action for the inspections and check tightening requirements of this paragraph. (b) Installation of split pins in the bolt and nut assemblies in accordance with British Aerospace Service Bulletin ATP-27-55, dated August 14, 1992, constitutes terminating action for the requirements of paragraph (a) of this AD. /Rules and Regulations (c) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Standardization Branch, ANM-113. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, ANM-113. Note: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Standardization Branch, ANM-113. (d) Special flight permits may be issued in accordance with FAR 21.197 and 21.199 to operate the airplane to a location where the requirements of this AD can be accomplished. (e) The inspection and installation shall be done in accordance with British Aerospace Service Bulletin ATP-27-55, dated August 14, 1992. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and I CFR part 51. Copies may be obtained from Jetstream Aircraft, Inc., Librarian for Service Bulletins, P.O. Box 16029, Dulles International Airport, Washington, DC. 20041-6029. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 " Lind Avenue, SW., Ronton, Washington, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington. DC. () This amendment becomes effective on May 10, 1993. Issued in Renton, Washington, on April 2, 1993. Darrell M. Pederson, Acting Manager, Transport Airplane 'Directorate, Aircraft Certification Service. [FR Doc. 93-8351 Filed 4-8-93; 8:45 am] BLING CODE 4015-IS-P 14 CFR Part 39 [Docket No. 92-NM-42-AD; Amendment 39-8533; AD 93-07-01] Airworthiness Directives; Fokker Model F28 Mark 0100 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain Fokker Model Mark 0100 series airplanes, that requires modification of the passenger address (PA) system in the aft passenger compartment. This amendment is prompted by systems evaluation test results indicating that messages delivered over the PA system from the forward passenger compartment are not sufficiently audible in the aft passenger compartment. The actions specified by this AD are intended to prevent inaudible communications between the#
Attachment 1, passage 14Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18343 forward and aft passenger compartments, a situation that could hamper emergency evacuation. EFFECTIVE DATES: May 10, 1993. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 10, 1993. ADDRESSES: The service information referenced in this AD may be obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street, Alexandria, Virginia 22314. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Mr. Mark Quam, Aerospace Engineer, Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 227-2145; fax (206) 227-1320. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation- Regulations to include an airworthiness directive (AD) that is applicable to certain Fokker Model Mark 0100 series airplanes was published in the Federal Register on August 27, 1992 (57 FR 38798). That action proposed to require modification of the passenger address (PA) system in the aft passenger compartment. Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. Two commenters support the rule as proposed. One commenter requests that the proposed compliance time be extended to allow modification within 12 months after the effective date of the rule. This will allow the modification to be accomplished during the time of a regularly scheduled ."C" check. The commenter considers that the adoption of th§ proposed compliance time of 6 monihs would, require operators to schedule special times for the accomplishment of this modification, at additional expense. The FAA concurs with the commenter's request to extend the compliance time for the modification requirement. Extending the compliance time by 6 additional months will not adversely affect safety, and will allow the modification to be performed at a base during regularly scheduled maintenance where special equipment and trained maintenance personnel will be available if necessary. Paragraph (a) of the final rule has been revised to specify a compliance time of 12 months. After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the change previously described. The FAA has determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. The FAA estimates that 27 airplanes of U.S. registry will be affected by this AD, that it will take approximately 14 work hours per airplane to accomplish the required actions, and that the average labor rate is $55 per work hour. Required parts will cost approximately $2,057 per airplane. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $76,329, or $2,827 per airplane. This total cost figure assumes that no operator has yet accomplished the requirements of this AD. The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or -on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. For the reasons discussed above, I certify that this action (1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 of the Federal Aviation Regulations as follows: PART 39--AIRWORTHINESS DIRECTIVES The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. §39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: 93-07-01 Fokker:. Amendment 39-8533. Docket 92-NM-42-AD. Applicability: Model F28 Mark 0100 series airplanes; serial numbers 11244 through 11339, inclusive; certificated in any category. Compliance: Required as indicated, unless accomplished previously. To prevent inaudible communications between the forward and aft passenger compartments, which could potentially hamper emergency evacuation procedures, accomplish the following: (a) Within 12 months after the effective date of this AD, modify the passenger address system in accordance with Fokker Service Bulletin SBF100-23-017, Revision 1, dated April 3, 1992. (b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Standardization Branch, ANM-113, FAA, Transport Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Standardization Branch, ANM-113. Note: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Standardization Branch, ANM-113. (c) Special flight permits may be issued in accordance with FAR 21.197 and 21.199 to operate the airplane to a location where the requirements of this AD can be accomplished. (d) The modification shall be done in accordance with Fokker Service Bulletin SBF100-23--017, Revision 1, dated April 3, 1992. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street, Alexandria, Virginia 22314. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. (e) This amendment becomes effective on May 10, 1993. Issued in Renton, Washington, on April 2, 1993. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. IFR Doc. 93-8350 Filed 4-8-93; 8:45 am] BIWNG CODE 4910-13-P#
Attachment 1, passage 1518344 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 14 CFR Part 71 [Airspace Docket No. 92-AGL-151 Alteration of Jet Routes J-73 and J-84 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action realigns J-73 from Northbrook, IL, via Pocket City, IN, to Nashville, TN, and extends J-84 from the Northbrook Very High Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC) to the Danville, IL, VORTAC. This action provides a third departure route south for the Chicago O'Hare International Airport terminal area. This action will also expedite the flow of air traffic and reduce the required coordination between en route facilities. EFFECTIVE DATE: 0901 UTC, May 27, 1993. FOR FURTHER INFORMATION CONTACT: Patricia P. Crawford, Airspace and Obstruction Evaluation Branch (ATP- 240), Airspace-Rules and Aeronautical Information Division, Air Traffic Rules and Procedures Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-9255. SUPPLEMENTARY INFORMATION: History On January 28, 1993, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to realign J-73 from Northbrook, IL, via Pocket City, IN, to Nashville, TN, and extend J-84 from the Northbrook, IL, VORTAC to the Danville, IL, VORTAC (58 FR 6375). Interest parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received. Except for editorial changes, this amendment is the same as that proposed in the notice. jet routes are published in § 71.607 of FAA Order 7400.7A dated November 2, 1992, and effective November 27, 1992, which is incorporated by reference in 14 CFR 71.1. The jet routes listed in this document will be published subsequently in the Order. The Rule This amendment to part 71 of the Federal Aviation Regulations realigns J- 73 from Northbrook, IL, via Pocket City, IN, to Nashville, TN, and extends J-84 from the Northbrook, IL, VORTAC to the Danville, IL, VORTAC. This action provides a third departure route south for traffic departing the Chicago OW-are terminal area and preserves the existing route structure from Chicago to the Indianapolis area. Realigning the airways will expedite the flow of air traffic and reduce the required coordination between en route facilities. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore-(1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Aviation safety, Incorporation by reference, Jet routes. Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71 -- [AMENDED] 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959- 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69, 171.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.7A, Compilation of Regulations, dated November 2, 1992, and effective November 27, 1992, is amended as follows: Section 71.607 Jet Routes J-73 [Revised] From Miami, FL, via La Belle. FL; Lakeland, FL; Tallahassee, FL; La Grange, GA; Nashville, TN; Pocket City, IN; to Northbrook, IL 1-4 lRevised) From Oakland, CA, via Linden, CA; Mina, NV; Delta, UT; Meeker, CO; Sidney, NE; Wolbach, NE; Dubuque, IA; Northbreok, IL; to Danville, IL Issued In Washington, DC, on March 30. 1993. Willis C. Nelson, Acting Manager, Airspace-Rules and Aeronautical Information Division. [FR Doc. 93-8362 Filed 4-8-93: 8:45 am] ULLING CODE 4*10-13-. 14 CFR Part 71 [Airspace Docket No. 92-ACE-03 Designation of Transition Area; Burlington, KS AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action designates a 700- foot transition area at Burlington. Kansas, to provide controlled airspace for aircraft executing a new instrument approach procedure to the Coffey County Airport, Burlington, Kansas, utilizing the Burlington nondirectional radio beacon. EFFECTIVE DATE: 0901 UTC, May 27, 1993. FOR FURTHER INFORMATION CONTACT: Dale Carnine, Airspace Specialist, System Management Branch, Air Traffic Division, ACE-530, FAA, Central Region. 601 East 12th Street, Kansas City. Missouri 64106, Telephone (816) 426--3408. SUPPLEMENTARY INFORMATION: History On December 7, 1992, the FAA proposed to amend part 71 of the Federal Aviation Regulations to designate a transition area at Burlington, Kansas (57 FR 57708). Interested persons were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received. Except for editorial changes, this amendment is the same as that proposed in the notice. The coordinates for this airspace are based on North American Datum 83. Transition areas are published in S 71.181 of FAA Order 7400.7A, dated November 2. 1992, and effective November 27, 1992. which is incorporated by reference in 14 CFR 71.1. The transition area listed in this document will be published subsequently in the Order. The Rule This amendment to part 71 of the Federal Aviation Regulations designates a 700-foot transition area at Burlington,#
Attachment 1, passage 16Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations Kansas. To enhance airport usage, a new instrument approach procedure has been developed for the Coffey County Airport, Burlington, Kansas, utilizing the Burlington nondirectional radio beacon. The establishment of a now instrument approach procedure entails designation of a transition area at Burlington, Kansas, at and above 700 feet above ground level. Transition areas are designed to contain instrument flight rule operations in controlled airspace during portions of the terminal operation and enroute environment. This action is to ensure segregation of aircraft using the approach procedure under instrument flight rules (IFR) and other aircraft operating under visual flight rules (VFR). The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Aviation safety, Incorporation by reference, Transition areas. Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71 [AMENDED] 1. The authority citation for part 71 continues to read as follows: .Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854. 24 FR 9565, 3 CFR, 1959- 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69. S71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.7A. Compilation of Regulations, dated November 2, 1992, and effective November 27, 1992, is amended as follows: Section 71.181 Designation of Transition Area *t * * .* * ACE KS TA Burlington, Kansas [New) Coffey County Airport (lat. 38°18'00"N, long, 95043'18"W) That airspace extending upward from 700 feet above the surface within a 6 nautical mile radius of Coffey County Airport and within 2.5 nautical miles each side of the 186o bearing from the Coffey County Airport extending from the 6 nautical mile radius to 7 nautical miles south of the airport. Issued in Kansas City, Missouri, on March 24.1993. Clarence E. Newbern, Manager, Air Traffic Division. Central Region. [FR Doc. 93-8363 Filed 4-8-93; 8:45 am] BILIN CODE 410-1-U 14 CFR Part 73 [Airspace Docket No. 92-AGL-1 8] Establishment of Restricted Area R- 5401; Devils Lake, ND AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment establishes Restricted Area R-5401 Devils Lake, ND, from the surface to 5,000 feet mean sea level (MSL). The restricted area will be located at Camp Grafton South, Eddy County, ND. This area will support training requirements of the North Dakota Army National Guard, which currently must travel to distant out-of- state facilities for training. EFFECTIVE DATE: 0901 LUTC, May 27, 1993. FOR FURTHER INFORMATION CONTACT: Ken McElroy, Military Operations Program Office (ATM-420), Office of Air Traffic System Management, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-7686. SUPPLEMENTARY INFORMATION: History On November 24, 1992, the FAA proposed to amend part 73 of the Federal Aviation Regulations (14 CFR part 73) to establish Restricted Area R- 5401 Devils Lake, ND, from the surface to 5,000 feet MSL (57 FR 55175). Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received. As proposed, the original description of R-5401 listed 29 18345 reference points congruent with the Camp Grafton property boundaries. After review it was determined that the size of the area required to contain the hazardous activity could be reduced and still remain within the reservation property boundary. Therefore the description has been reduced to 10 reference points. Section 73.54 of part 73 of the Federal Aviation Regulations was republished in FAA Order 7400.8 dated November 1,1991. The coordinates for this airspace docket are based on North American Datum 83. The Rule This amendment to part 73 of the Federal Aviation Regulations establishes Restricted Area R-5401 Devils Lake, ND. The restricted area will be used by the North Dakota Army National Guard and will be activated by NOTAM 24 hours in advance, approximately 60 days per year. During the months of June and July, the area may be utilized 24 hours a day for annual training. The area will be used for weapons firing, demolition, and cratering charges from the surface to 5,000 feet MSL. This area will support training requirements of the North Dakota Army National Guard which currently must travel to distant' out-of-state facilities for training. Along with this action, the description for the overlaying Devils Lake East Military Operations Area will be modified to exclude the airspace within the restricted area during those times that R-5401 is active. The FAA has determined that this regulation only involves an. established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It. therefore-(1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review An environmental assessment of the proposal was performed by the Office of the Adjutant General, State of North Dakota, which the FAA adopts, found no significant environmental impact. On the basis of the conclusions contained in the environmental assessment, the FAA finds that the airspace action#
Attachment 1, passage 1718346 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations adopted in this amendment will have no significant impact on the environment. Use of the subject area as proposed is consistent with existing national environmental policies and objectives as set forth in section 101(a) of the National Environmental Policy Act (NEPA) and would not significantly affect the quality of the human environment or otherwise include any condition requiring consultation pursuant to section 102(2)(c) of NEPA. List of Subjects in 14 CFR Part 73 Aviation safety, Restricted areas. Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73, as follows: DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration PART 73-[AMENDED] 1. The authority citation for part 73 continues to read as follows: Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510, 1522; E.O. 10854; 24 FR 9565, 3 CFR, 1959-1963 Camp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69. §73.54 [Amended] 2. Section 73.54 is amended as follows: R-5401 Devils Lake, ND [New] Boundaries. Beginning at lat. 47°41'01"N., long. 98*41'15"W.; to lat. 47039'23"N., long. 98*40'17"W.; to lat. 47*39'23"N., long. 98°39'57"W.; to lat. 47*39'35"N., long. 98*39'39"W.; to lat. 47 0 40'20"N., long. 98038'01"W.; to lat. 47°40'20"N., long. 98037'18"W.; to lat. 47041'15"N., long. 98°37'18"W.; to lat. 47°41'08"N., long. 98*39'14"W.; to lat. 47"41'10"N., long. 98'39'57"W.; to lat. 47*41'01"N., long. 98040'17"W.; thence to the point of beginning. Altitudes. Surface to 5,000 feet MSL. Time of designation. As scheduled 30 days in advance and activated by NOTAM 24 hours in advance. Area may be scheduled continuously during peak training periods June and July. Controlling agency. FAA, Minneapolis ARTCC. Using agency. U.S. Army, Commander Camp Grafton, North Dakota Army National Guard, Devils Lake, ND. Issued in Washington, DC, on March 30, 1993. Willis C. Nelson, Acting Manager, Airspace-Rules and Aeronautical Information Division. [FR Doc. 93--8361 Filed 4-8-93; 8:45 am] BILUNG CODE 4210-13-M 21 CFR Part 5 Delegations of Authority and Organization; Redelegatlon of the Center for Biologics Evaluation and Research Program Authorities AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is amending the regulations for delegations of authority relating to program authorities for their respective areas from the Director of the Center for Biologics Evaluation and Research (CBER) to certain FDA officials in CBER. This action is being taken to redistribute workload and to expedite decisionmaking. EFFECTIVE DATE: April 9, 1993. FOR FURTHER INFORMATION CONTACT: Ellen Rawlings, Division of Management Systems and Policy (HFA-340), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-443- 4976. SUPPLEMENTARY INFORMATION: FDA is amending the delegations of authority under 21 CFR part 5 by adding new § 5.39 Redelegation of the Center for Biologics Evaluation and Research Director's program authorities. This section gives CBER Associate Directors, Office Directors, and Division Directors all the program authorities of the Director, CBER, for their respective areas. This action is being taken to redistribute workload and to expedite decisionmaking. Further redelegation of the authority delegated is not authorized. Authority delegated to a position by title may be exercised by a person officially designated to serve in such position in an acting capacity or on a temporary basis. List of Subjects in 21 CFR Part 5 Authority delegations (Government agencies), Imports, Organization and functions (Government agencies). Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 5 is amended as follows: PART 5-DELEGATIONS OF AUTHORITY AND ORGANIZATION 1. The authority citation for 21 CFR part 5 continues to read as follows: Authority: 5 U.S.C. 504,552, App. 2; 7 U.S.C. 138a, 2271; 15 U.S.C. 638, 1261-1282, 3701-3711a; secs. 2-12 of the Fair Packaging and Labeling Act (15 U.S.C. 1451-1461); 21 U.S.C. 41-50, 61-63,141-149, 467f, 679(b), 801-886, 1031-1309; secs. 201-903 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321-394); 35 U.S.C. 156;.secs. 301, 302, 303,307, 310, 311,351,352,361,362, 1701-1706, 2101, 2125, 2127, 2128 of the Public Health Service Act (42 U.S.C. 241, 242, 242a, 2421, 242n, 243, 262, 263, 264, 265, 300u-300u-5, 300aa-1, 300aa-25, 300aa-27, 300aa-28); 42 U.S.C. 1395y, 3246b, 4332, 4831(a), 10007-10008; E.O. 11490, 11921, and 12591; secs. 312, 313, 314 of the National Childhood Vaccine Injury Act of 1986, Public Law 99-660 (42 U.S.C. 300aa-1 note). 2. New § 5.39 is added to subpart B to read as follows: § 5.39 Redelegation of the Center for Biologics Evaluation and Research Director's program authorities. The following officials are authorized to perform all the functions of the Director, Center for Biologics Evaluation and Research (CBER) with regard to program authorities for their respective areas: (a) Associate Directors, CBER. (b) Office Directors, CBER. (c) Division Directors, CBER. Dated: April 2, 1993. Michael R. Taylor, Deputy Commissioner for Policy. [FR Dec. 93-8296 Filed 4-8-93; 8:45 am) BILUNG CODE .4160-01-F#
Attachment 1, passage 1818347 Proposed Rules Federal Register Vol. 58, No. 67 Friday, April 9, 1993 This section of the FEDERAL REGISTER on in-service airplanes. The proposed contains notices to the public of the proposed actions were intended to prevent Issuance of rules and regulations. The reduced structural capability of the purpose of these notices is to give Interested engine pylon. Sine the issuance of that NPRM, the, persons an opportunity to participate In the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 90-NM-200-AD] Airworthiness Directives; Airbus Industrie Model A300-84 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Proposed rule; withdrawal. SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD), applicable to certain Airbus Industrie Model A300-B4 series airplanes. That action would have required a one-time detailed visual inspection to detect cracks in the pylon rear attachment sealing angles, and repair, if necessary. Since the issuance of the NPRM, the Federal Aviation Administration (FAA) has issued a separate AD that includes, as part of its requirements, the inspection and repair that would have been required by this action. Accordingly, the proposed rule is withdrawn. FOR FURTHER INFORMATION CONTACT: Mr Greg Holt, Aerospace Engineer. Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 227-2140; fax (206) 227-1320. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations to add a new airworthiness directive (AD), applicable to Airbus Industrie Model A300-B4 series airplanes, was published in the Federal Register on November 6, 1990 (55 FR 46673). The proposed rule would have required a one-time detailed visual inspection to detect cracks in the pylon rear attachment sealing angles, and repair, if necessary. That action was prompted by reports of premature cracking found in the vertical flange of the pylon rear attachment sealing angles FAA has issued AD 93-01-24, Amendment 39-8478 (58 FR 6703, February 2, 1993), which includes, as part of its requirements, inspection and repair procedures identical to those proposed previously by this action. Upon ftrther consideration, the FAA has determined that issuance of the proposed AD is not necessary. Accordingly, the proposed rule is hereby withdrawn. Withdrawal of this notice of proposed rulemaking constitutes only such action, and does not preclude the agency from issuing another notice in the future, nor does it commit the agency to any course of action in the future. Since this action only withdraws a notice of proposed rulemaking, it is neither a proposed nor a final rule and therefore, is not covered under Executive Order 12291, the Regulatory Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Withdrawal Accordingly, the notice of proposed rulemaking, Docket 90-NM-200-AD, published in the Federal Register on November 6, 1990 (55 FR 46673) is withdrawn. Issued in Renton, Washington, on April 5, 1993. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 93-8327 Filed 4-8-93; 8:45 am] BILIUNG COOE 4910-13-P 14 CFR Part 39 [Docket No. 92-NM-206-ADI Airworthiness Directives; Gulfstream Model G-V Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This document proposes the adoption of a new airworthiness directive (AD) that is applicable to, certain Gulfstream Model G-IV series airplanes. This proposal would require inspection of the data plate on the bottom of the hydraulic brake control module (HBCM) to verify the part and serial numbers, and replacement of the HBCM, if necessary. This proposal is prompted by a landing incident that involved a malfunction of the braking system. The actions specified by the proposed AD are intended to prevent a malfunction of the braking system, which could lead to reduced controllability of the airplane on the ground. DATES: Comments must be received by June 7, 1993. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration. (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 92-NM- 206-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments may be inspected at this location between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The service information referenced in the proposed rule may be obtained from Gulfstream Aerospace, P.O. Box 2206, Savannah, Georgia 31402-2206. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Small Airplane Directorate, Atlanta Aircraft Certification Office, 1669 Phoenix Parkway, suite 210C, Atlanta, Georgia. FOR FURTHER INFORMATION CONTACT: Mr. Steve Flanagan, Aerospace Engineer, Airframe Branch, ACE-120A, Atlanta Aircraft Certification Office, 1669 Phoenix Parkway, suite 210C, Atlanta, Georgia 30349; telephone (404) 991- 2910; fax (404) 991-3606. SUPPLEMENTARY INFORMATION: Comments Invited Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained#
Attachment 1, passage 1918348 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules in this notice may be changed in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 92-NM-206-AD." The postcard will be date stamped and returned to the commenter. Availability of NPRMs Any person may obtain a copy of this NPRM by submitting a request to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 92-NM-206-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Discussion An operator of a Gulfstream Model G- IV series airplane reported a landing incident, during which the airplane left the runway. The airplane was not damaged and the pilot was able to taxi it to the terminal. The flight crew reported that, upon initial brake application, the airplane swerved to the right; at that point, both crew members applied the left rudder and left brake, but they were unable to turn the airplane to the center of the runway. The flight crew also reported that the nose wheel steering (NWS) appeared to be inoperative at the time of the incident. However, following the incident, both the NWS and the brakes appeared to operate normally. Subsequent investigation revealed that the hydraulic brake control module (HBCM) contained various types of contamination, which could have caused uncommanded braking if such contamination became lodged in the small orifices used to control brake pressure. Since the contamination was apparently introduced within the HBCM during brake manufacture, all part number 6004933-1 and 6004933-3 brake units are suspected to be contaminated. Contamination in the HBCM, if not corrected, could result in a malfunction of the braking system, which could lead to reduced controllability of the airplane on the ground. The brake manufacturer has identified possible sources of the contamination and has established a new process for assembly of the valves that will prevent the contamination problems. The FAA has reviewed and approved Gulfstream Customer Bulletin No. 34, dated August 24, 1992, that describes procedures for visually inspecting the data plate on the bottom of the HBCM to verify the part and serial numbers, and replacement of the HBCM if suspect parts are detected. The inspection will also verify the valve integrity, including valve cleanliness and stability. Since an unsafe condition has been identified that is likely to exist or develop on other products of this same type design, the proposed AD would requiree visual inspection of the data plate on the bottom of the HBCM to verify the part and serial numbers, and replacement of the HBCM, if necessary. The actions would be required to be accomplished in accordance with the customer bulletin described previously. There are approximately 201 Gulfstream Model G-IV series airplanes of the affected design in the worldwide fleet. The FAA estimates that 149 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 4 work hours per airplane to accomplish the proposed actions, and that the average labor rate is $55 per work hour. (Note: If replacement of the HBCM is necessary, the manufacturer will supply replacement parts at no charge to operators.) Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $32,780, or $220 per airplane. This total cost figure assumes that no operator has yet accomplished the proposed requirements of this AD action. The regulations proposed herein would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. For the reasons discussed above, I certify that this proposed regulation (1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption "ADDRESSES." List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 of the Federal Aviation Regulations as follows: PART 39-AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. §39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: Gulfstream: Docket 92-NM-206-AD. Applicability: Model G-IV series airplanes; serial numbers 1000 through 1200, inclusive; certificated in any category. Compliance: Required as indicated, unless accomplished previously. To prevent a malfunction of the braking system, which could lead to reduced controllability of the airplane on the ground, accomplish the following: (a) Within 9 months after the effective date of this AD, visually inspect the data plate on the bottom of the hydraulic brake control module (HBCM) to verify the part and serial numbers, in accordance with Gulfstream Customer Bulletin No. 34, dated August 24, 1992. (1) If the part number of the HBCM is 6004933-5, no further action is required. (2) If the part number of the HBCM is 6004933-3 and a "TA" follows the serial number, prior to further flight, install a decal on the HBCM in accordance with Figure 1 of the customer bulletin. (3) If the part number of the HBCM is 6004933-3 and there is no "TA" following the serial number, or if the part number is 6004933-1, prior to further flight, replace the HBCM with one having part number 6004933-5, in accordance with the applicable maintenance manual. (b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Atlanta Aircraft Certification Office (ACO), FAA, Small Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Atlanta ACO.#
Attachment 1, passage 20Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules • 18349 Note: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Atlanta AcO. (c) Special flight permits may be issued in accordance with FAR 21.197 and 21.199 to operate the airplane to a location where the requirements of this AD can be accomplished. Issued in Renton, Washington, on April 5, 1993. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate. Aircraft Certification Service. 1FR Doc. 93-8328 Filed 4-8-93; 8:45 am] BILUNG CODE 4910-13-P 14 CFR Part 71 [Airspace Docket No. 92-ANM-26] Proposed Realignment of Jet Routes J-163 and J-523 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. SUMMARY: This proposed rule would extend segmepts of Jet Routes J-163 and J-523 located in the vicinity of Washington State, Oregon, Idaho, Utah, Wyoming, and Colorado. This proposal would enhance traffic flow and reduce controller workload on frequently used high altitude routes. DATES: Comments must be received on' or before May 27, 1993. ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air Traffic Division, ANM-500, Docket No. 92-ANM-26, Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA 98055-4056. The official docket may be examined in the Rules Docket, Office of the Chief Counsel, room 916, 800 Independence Avenue, SW., Washington, DC, weekdays, except Federal holidays, between 8:30 a.m. and 5 p.m. An informal docket may also be examined during normal business hours at the office of the Regional Air Traffic Division. FOR FURTHER INFORMATION CONTACT: Norman W. Thomas, Airspace and Obstruction Evaluation Branch (ATP- 240), Airspace-Rules and Aeronautical Information Division, Air Traffic Rules and Procedures Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-9230. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are'particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify the airspace docket number and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: "Comments to Airspace Docket No. 92- ANM-26." The postcard will be date/ time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the Rules Docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRM's Any person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) by submitting a request to the Federal Aviation Administration, Office of Public Affairs, Attention: Public Inquiry Center, APA-220, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267-3485. Communications must identify the notice number of this NPRM. Persons interested in being placed on a mailing list for future NPRM's should also request a copy of Advisory Circular No. 11-2A, which describes the application procedure. The Proposal The FAA is considering an amendment to part 71 of the Federal Aviation Regulations (14 CFR part 71) to extend segments of J-163 and J-523 located in the vicinity of Washington State, Oregon, Idaho, Utah, Wyoming, and Colorado. The proposed extension of these jet routes would enhance traffic flow and reduce controller workload on frequently used high altitude routes. Jet routes are published in § 71.607 of FAA Order 7400.7A dated November 2, 1992, and effective November .27, 1992, which is incorporated by reference in 14 CFR 71.1. The jet routes listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore--(1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Aviation safety, Incorporation by reference, Jet routes. The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71-[AMENDED] 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959- 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69. §71.1 [Amended) 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.7A, Compilation of Regulations, dated November 2, 1992, and effective November 27, 1992, is amended as follows: Section 71.607 let Routes J-163 lRevisedl From Baker, OR, via Boise, ID; Pocatello, ID; Rock Springs, WY; to Hayden, CO. J-523 [Revised] From Bryce Canyon, UT; Ely, NV; Rome, OR; Kimberly, OR; Klickitat, WA; Seattle, WA: Tatoosh. WA; Port Hardy, BC, Canada; Sandspit, BC, Canada; to Annette Island, AK; excluding the airspace within Canada. * t * * *#
Attachment 1, passage 2118350 Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules Issued in Washington, DC, on April 1, 1993. Harold W. Becker, Manager, Airspace-Rules and Aeronautical Information Division. [FR Doc. 93-8364 Filed 4-8-93; 8:45 am] BILUNG CODE 4010-13- 14 CFR Part 71 [Airspace Docket No. 92-AEA-1 11 Proposed Modification of VOR Federal Airway V-162 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. SUMMARY: This notice proposes to modify VOR Federal Airway V-162 by extending the airway from the State of Pennsylvania to Martinsburg, WV. This action is necessary to accommodate flights destined for the Washington- Dulles International Airport. Extending V-162 to the Martinsburg, WV, area would facilitate air traffic operations and reduce controller workload. DATES: Comments must be received on or before May 27, 1993. ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air Traffic Division, AEA-500, Docket No. 92-AEA-11, Federal Aviation Administration, JFK International Airport, Fitzgerald Federal Bldg. Jamaica, NY 11430. The official docket may be examined in the Rules Docket, Office of the Chief Counsel, room 916, 800 Independence Avenue SW., Washington, DC, weekdays, except Federal holidays, between 8:30 a.m. and 5 p.m. An informal docket may also be examined during normal business hours at the office of the Regional Air Traffic Division. FOR FURTHER INFORMATION CONTACT: Patricia P. Crawford, Airspace and Obstruction Evaluation Branch (ATP- 240), Airspace-Rules and Aeronautical Information Division, Air Traffic Rules and Procedures Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-9255. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify the airspace docket number and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: "Comments to Airspace Docket No. 92- AEA-11." The postcard will be date/ time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the Rules Docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRM's Any person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) by submitting a request to the Federal Aviation Administration, Office of Public Affairs, Attention: Public Inquiry Center, APA-220, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-3485. Communications must identify the notice number of this NPRM. Persons interested in being placed on a mailing list for future NPRM's should also request a copy of Advisory Circular No. 11-2A which describes the application procedure. The Proposal The FAA is considering an amendment to part 71 of the Federal Aviation Regulations (14 CFR part 71) to modify VOR Federal Airway V-162 by extending the airway from State of Pennsylvania to Martinsburg, WV. This action is necessary to accomodate flights destined for the Washington-Dulles International Airport, facilitate air traffic operations, and reduce the controllers' workload. Domestic VOR Federal airways are published in § 71.123 of FAA Order 7400.7A dated November 2, 1992, and effective November 27, 1992, which is incorporated by reference in 14 CFR 71.1. The airway listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore - (1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Aviation safety, Domestic VOR Federal airways, Incorporation by reference. The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71--[AMENDED] 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24 FR 9565. 3 CFR. 1959- 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69. §71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.7A, Compilation of Regulations, dated November 2, 1992, and effective November 27, 1992, is amended as follows: Section 71.123 Domestic VOR Federal Airways V-162 [Revised) From Martinsburg, WV; INT Martinsburg 058 ° and Harrisburg, PA, 1910 radials; Harrisburg; INT Harrisburg 092 ° and East Texas, PA, 2510 radials; East Texas; Allentown, PA; to Huguenot, NY. * * * * * Issued in Washington, DC, on April 1, 1993. Harold W. Becker, Manager, Airspace-Rules and Aeronautical Information Division. [FR Doc. 93-8359 Filed 4-8-93: 8:45.am] BILUNG CODE 4910-13-U#
Attachment 1, passage 22Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules 18351 14 CFR Part 73 [Airspace Docket No. 92-AEA-10] Proposed Subdivision of Restricted Areas R-6608A and R-6608B, and Establishment of Restricted Area R- 6608C; VA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. SUMMARY: This action proposes to subdivide the common boundaries of Restricted Areas R-6608A and B, and establish R-16608C. This subdivision would facilitate the effective use of airspace near Washington Dulles Tower. DATES: Comments must be received on or before May 27, 1993. ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air Traffic Division, AEA-500, Docket No. 92-AEA-10, Federal Aviation Administration, JFK International Airport, Fitzgerald Federal Building, Jamaica, NY 11430. The official docket may be examined in the Rules Docket, Office of the Chief Counsel, room 916, 800 Independence Avenue, SW., Washington, DC, weekdays,'except Federal holidays, between 8:30 a.m. and 5 p.m. An informal docket may also be examined during normal business hours at the Office of the Regional Air Traffic Division. FOR FURTHER INFORMATION CONTACT: Lee Powell, Military Operations Program Office (ATM-420), Office of Air Traffic System Managmeent, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-9327. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis * supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify the airspace docket number and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: "Comments to Airspace Docket No. 92- AEA-10." The postcard will be date/ time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the Rules Docket both before "and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRM's Any person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) by submitting a request to the Federal Aviation Administration, Office of Public Affairs, Attention: Public Inquiry Center, APA-220, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267-3485. Communications must identify the notice number of this NPRM. Persons interested in being placed on a mailing list for future NPRM's should also request a copy of Advisory Circular No. 11-2A which describes the application procedure. The Proposal .The FAA is considering an amendment to part 73 of the Federal Aviation Regulations (14 CFR part 73) to subdivide the internal boundaries of Restricted Areas R-6608A and R-6608B and establish Restricted Area R-6608C in the vicinity of Quantico, VA. This proposed modification resulted from negotiations between the FAA and the U.S. Marine Corps in Quantico, VA. These changes are completely contained within existing restricted airspace. No additional restricted airspace is created by this action. This action would lessen the burden on the public by releasing more airspace to the public when Restricted Area R-6608C is not in use thereby enhancing the flow of air traffic in the area. Section 73.66 of part 73 of the Federal Aviation Regulations was republished in FAA Order 7400.8A dated March 3, 1993. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore-(1) is not a "major rule" under Executive Order 12291; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 73 Aviation safety, Restricted areas. The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 73 as follows: PART 73-SPECIAL USE AIRSPACE 1. Thp authority citation for part 73 continues to read as follows: Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510, 1522; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69. § 73.66 [Amended) 2. Section 73.66 is amended as follows: R-6608A Quantico, VA-4Amended] Boundaries. Beginning at lat. 38035'10" N., long. 77034'06" W.; to lat. 38037'00" N., long. 77034'06" W.; to lat. 38o37'50" N., long. 77032'19" W.; to lat. 38*37'17 " N., long. 77°27'44" W.; to lat. 38035'35" N., long. 77°27'44" W.; to the point of beginning. Designated altitudes. Surface to 10,000 feet MSL. Time of designation. 0500 to 2400 local time daily; other times by NOTAM 24 hours in advance. Controlling agency. FAA, Dulles ATCT. Using agency. U.S. Marine Corps, Commanding General, Marine Corps Development and Education Command, Quantlto, VA. R-6608B Quantico, VA-Amended] Boundaries. Beginning at lat. 3835'10" N., long. 77034'06" W.; to lat. 38*35'35" N., long. 77027'44" W.; to lat. 38°29'31 N., long. 77027'44" W.; to lat. 38°29'00" N., long. 77*28'44" W.; to lat. 38031'20" N., long. 77.34'06" W.; to the point of beginning. Designated altitudes. Surface to 10,000 feet MSL. Time of designation. 0500 to 2400 local time daily; other times by NOTAM 24 hours in advance. Controlling agency. FAA, Dulles ATCT. Using agency. U.S. Marine Corps, Commanding General, Marine Corps Development and Education Command, Quantico, VA.#
Attachment 1, passage 2318352 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules R-6608C Quantico, VA--[New] Boundaries. Beginning at lat. 38037'17" N., long. 77027'44" W.; to let. 38°3700" N., long. 77*25'33" W.; to lat. 38o34'00" N., long. 77023'59" W.; to lat. 38031'15" N., long. 77024'19" W.; to lat. 38029'31" N., long. 77o27'44" W.; to the point of beginning. Designated altitudes. Surface to 10,000 feet MSL. Time of designation. 0500 to 2400 local time daily; other times by NOTAM 24 hours in advance. Controlling agency. FAA, Dulles ATCT. Using agency. U.S. Marine Corps, Commanding General, Marine Corps Development and Education Command, Quantico, VA. Issued in Washington, DC, on April 1, 1993. Harold W. Becker, Manager, Airspace-Rules and Aeronautical Information Division. [FR Doc. 93-8360 Filed 4-8-93; 8:45 am] BILUNG CODE 4010-13- beginning "The Commission requests.* * * " By the Commission. Dated: April 5, 1993. Margaret H. McFarland, Deputy Secretary. [FR Doc. 93-8307 Filed 4-8-93; 8:45 am] BILLING CODE 10-01-P DELAWARE RIVER BASIN COMMISSION 18 CFR Part 401 SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 200 and 270 [Release No. IC-19381, File No. S7-13-93] RIN 3235-AF56 Expedited Procedure for Exemptive Orders and Expanded Delegated Authority; Correction AGENCY: Securities and Exchange Commission. ACTION: Correction to proposing release. SUMMARY: This document contains a correction to the proposing release which was published Wednesday, March 31, 1993 (58 FR 16799). The Commission would not accept requests to reactivate applications that have been declared abandoned. If an applicant subsequently decides to pursue an abandoned application, the applicant must file a new application. - FOR FURTHER INFORMATION CONTACT: Matthew M. O'Toole, Attorney, or Diane C. Blizzard, Assistant Director, both at (202) 272-2048, Office of Regulatory Policy, Division of Investment Management, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. SUPPLEMENTARY INFORMATION: Accordingly, the publication on March 31, 1993 of the proposing release, which was the subject of FR Doc. 93-7440, is corrected as follows: On page 16803 in the third column, beginning in the sixteenth line of section II.B., remove the sentence following the words "a hearing" and before the sentence Proposed Amendments to Administrative Manual-Rules of Practice and Procedure; Public Hearings AGENCY: Delaware River Basin Commission. ACTION: Proposed rules and public hearings. SUMMARY: Notice is hereby given that the Delaware River Basin Commission will hold public hearings to receive comments on proposed amendments to its Rules of Practice and Procedure relating to the control of nonpoint sources of pollution in the drainage area to classified Special Protection Waters of the Basin. In addition, the Commission is proposing related revisions to its Comprehensive Plan, Water Code of the Delaware River Basin and Administrative Manual-Part III Water Quality Regulations. Supplementary background information and a summary of the proposed amendments to the Comprehensive Plan, Water Code and Water Quality Regulations are published elsewhere in the Notices section of this issue of the Federal Register. Those proposed revisions present a three-pronged approach to control nonpoint sources of pollution in drainage areas to Special Protection Waters. The first prong addresses new nonpoint sources on a project-by-project basis through the Commission's project review process under Section 3.8 of the Delaware River Basin Compact; through USEPA's NPDES stormwater permitting regulations; and on a discretionary basis when needed. The second prong addresses new and existing nonpoint sources on a priority watershed basis. For priority watersheds, watershed nonpoint source management plans would be developed and implemented. The third prong would encourage the development and implementation of watershed nonpoint source plans on a voluntary basis in watersheds which are not considered the highest priority of the Commission. A process to identify priority watersheds and develop watershed nonpoint source management plans is included in the proposal. The proposed amendments to the Rules of Practice and Procedure would add two new categories to those now required to be submitted to the Commission for review and approval under Section 3.8 of the Compact: those projects required to obtain a permit under the USEPA's NPDES stormwater regulations and any other activity the Commission believes may generate increased nonpoint source pollution loads having potential substantial impact on Special Protection Waters. DATES: The public hearings are scheduled as follows: June 16, 1993 beginning at 1:30 p.m. and continuing until 4:30 p.m., as long as there are people present wishing to testify. June 22,1993 beginning at 2 p.m. and continuing until 5 p.m., as long as there are people present wishing to testify. June 22, 1993 beginning at 7 p.m. and continuing until 9:30 p.m., as long as there are people present wishing to testify. The deadline for inclusion of written comments in the hearing record will be announced at the hearings. ADDRESSES: The June 16, 1993 hearing will be held in the New Castle County Council Chambers, First Floor of the City/County Building, 800 French Street, Wilmington, Delaware. The June 22, 1993 hearings will be held in the Ballroom of the Inn at Hunt's Landing, 900 Routes 6 & 209, Matamoras, Pennsylvania. Written comments should be submitted to Susan M. Weisman, Delaware River Basin Commission, P. 0. Box 7360, West Trenton, New Jersey 08628. FOR FURTHER INFORMATION CONTACT: Susan M. Weisman, Commission Secretary, Delaware River Basin Commission, P. 0. Box 7360, West Trenton, New Jersey 08628. Telephone (609) 883-9500 X203. SUPPLEMENTARY INFORMATION: Copies of the full text of the proposed amendments and the Administrative Manual-Rules of Practice and Procedure may be obtained by contacting Ms. Weisman at the address provided in FOR FURTHER INFORMATION CONTACT. Persons wishing to testify are requested to notify the Secretary in advance. Written comments on the proposed amendments should also be submitted to the Secretary. Delaware River Basin Compact, 75 Stat. 688.#
Attachment 1, passage 24Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules 18353 Dated: March 30, 1993. Susan M. Weisman, Secretary. [FR Doc. 93-8232 Filed 4--8-93; 8:45 am) BILLING CODE 630-O-P NATIONAL INDIAN GAMING COMMISSION 25 CFR Part 518 RIN 3141-AAO6 National Environmental Policy Act Procedures AGENCY: National Indian Gaming Commission. ACTION: Proposed rule. SUMMARY: The National Indian Gaming Commission is proposing this rule for the purpose of describing the procedures the Commission proposes to adopt pursuant to the National Environmental Policy Act of 1969. These proposed regulations supplement the regulations promulgated by the Council on Environmental Quality. DATES: Comments must be received by May 10, 1993. ADDRESSES: Comments may be mailed to: NEPA Rule Comments, National Indian Gaming Commission, suite 250, 1850 M St., NW., Washington, DC 20036-5803. Comments may be delivered to the Commission between the hours of 9 a.m.and 5 p.m., Monday through Friday, or faxed to (202) 632- 7066 (not a toll-free number). Comments may be inspected by the public between the hours of 9 a.m. and noon and 2 p.m. to 5 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Susan Carletta at (202) 632-7003, ext. 34, or by facsimile at (202) 632-7066 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background The Indian Gaming Regulatory Act (IGRA, or the Act), 25 U.S.C. 2701 et seq., was signed into law on October 17, 1988. The IGRA established the National Indian Gaming Commission (NIGC, or the Commission). The IGRA classifies gaming into class I, class II and class Ill. The tribes have exclusive jurisdiction over class I gaming. Class II gaming is regulated by the tribes and the Commission. Class El gaming is regulated by individual tribes and states under negotiated tribal-state compacts, with the Commission exercising a limited role. On August 15, 1991, the Commission published final rules (56 FR 40702) requiring class II gaming operations to compute and pay to the Commission the annual fees required by section 2717 of the IGRA. On April 9, 1992 (57 FR 12382), the Commission published a final rule that defines key statutory terms, notably clarifying the distinctions between class II gaming (regulated by tribes and the Commission) and class III gaming (regulated under negotiated. tribal-state compacts). The Commission also published final rules-regarding its review and approval of tribal gaming ordinances and resolutions under sections 2710 and 2712 of the Act (58 FR 5802 (January 22, 1993)), Privacy Act procedures (58 FR 5814 (January 22, 1993)), compliance and enforcement procedures under sections 2705 and 2706 of the Act (58 FR 5833 (January 22, 1993)), and review and approval of management contracts under sections 2711 and 2712 of the IGRA (58 FR 5818 (January 22, 1993)). Section 2711(h) of the IGRA transferred to the Commission the authority of the Secretary of the Interior under 25 U.S.C. 81 to review and approve management contracts concerning Indian gaming. Sections 2710(d)(9) and 2711 of the IGRA require tribes to submit new management contracts to the Chairman of the Commission for his or her review and approval and provide standards for approval. Section 2712 contains standards and procedures for the Chairman's review of existing management contracts. The Commission also published proposed rules regarding disclosure of information under the Freedom of Information Act (57 FR 55212 (November 24, 1992)). The regulations proposed today provide strategies and procedures the Commission proposes to adopt pursuant to the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq. Congress enacted NEPA to encourage a national policy of protecting, enhancing, and restoring the quality of the human environment. The Council on Environmental Quality (CEQO, established pursuant to NEPA, promulgated implementing regulations at 40 CFR parts 1501 through 1508 NEPA and the CEQ's regulations require every federal agency to establish procedures and strategies that give appropriate consideration to the environmental consequences of federal agency actions. National Environmental Policy Act Procedures The purpose of these proposed regulations is to inform the public of the procedures and policies the Commission proposes to adopt pursuant to NEPA. The proposed regulations supplement, rather than supersede, the CEQ's regulations. The proposed regulations explain the Commission's policies regarding the use of environmental information in its planning and decision-making. The regulations also would require the Commission to be responsible for the preparation of environmental analyses concerning actions of the Commission that may have a significant impact on the quality of the human environment Accordingly, § 518.4 of the proposed regulations sets forth the policies the Commission is proposing to adopt to ensure compliance with NEPA and the CEQ regulations. Public participation is an important aspect of the NEPA process. Accordingly, § 518.5 of the proposed regulations provides procedures to ensure such public involvement. Under that section, the Commission proposes to give notice to the public of the availability of environmental documents prepared during the NEPA process. This section would also require the Commission to provide public notice of NEPA-related hearings and public meetings concerning proposed federal actions in which the Commission is involved. The way in which notice will be provided will be determined on a case by case basis depending upon the magnitude and effects of a particular proposed action. The CEQ's regulations implementing NEPA contain requirements for the designation of lead and cooperating agencies for proposed actions involving more than one federal agency. A determination of agency status as a lead or cooperating agency is made using various factors set out in the CEQ's regulations. A lead agency has the ultimate responsibility for the content of an EA or EIS. A cooperating agency is responsible for the development of information and the preparation of environmental analyses at the request of the lead agency. The Commission believes that in any instances where it is involved in the preparation of environmental documents, other federal agencies will also be involved due to various federal actions. Such federal actions could include the lending of federal monies to a tribe for activities related to tribal gaming, or approving a lease of tribal lands for gaming. In such cases, the Commission will cooperate in'the preparation of environmental documents. Section 518.7 contains provisions for the Commission's role as a lead or cooperating agency in proposed federal actions when the preparation of environmental documents is necessary.#
Attachment 1, passage 2518354 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules Under NEPA, proposed agency actions fit one of three categories. First, a proposed action which normally has no significant impact on the quality of the human environment is termed a Categorical Exclusion. Actions listed as Categorical Exclusions normally do not require the preparation of environmental documents. The Commission believes that most of its actions fall into this category. Section 518.9 of the proposed regulations, Categorical Exclusions, lists such actions. The second category comprises actions normally requiring the preparation of an Environmental Assessment (EA). An EA must be prepared when the environmental consequences of a particular action are unclear and need to be further defined. Preparation of an EA leads to one of two results. If the EA reveals that the proposed action may have a significant impact on the quality of the human environment, preparation of an Environmental Impact Statement (EIS) (discussed below) is required. On the other hand, if the EA reveals that the proposed action will have no significant impact on the quality of the human environment, a finding of no significant impact (FONSI) is required. The Commission believes the Chairman's authority, under sections 2711 and 2712 of the IGRA, to approve management contracts and modifications to management contracts may trigger the NEPA process and require the preparation of an EA when such contracts contain provisions for the development and construction of gaming operations or parts thereof. Section 518.10 proposes to require the preparation of an EA in such cases. Section 518.10 also provides general procedures for the preparation of all EAs. The third category consists of actions normally requiring the preparation of an EIS. An EIS is necessary when a proposed action may have a significant impact on the quality of the human environment. An EIS is a detailed written statement containing a full discussion of all significant environmental impacts of and alternatives to a proposed action. An EIS is necessary when, as a result of an EA, there is a finding that a proposed action will have a significant impact on the quality of the human environment. Section 518.11 contains provisions regarding the content of EJSs. Under NEPA and the CEQ's regulations, federal agencies are required to take full responsibility for the accuracy, scope, and content of environmental documents. Federal agencies may, however, permit a party other than the agency to prepare EAs. When an agency allows a third party to prepare an EA the agency is required to evaluate and verify the information contained in the EA, and is responsible for the accuracy, scope, and content of the document. Federal agencies may also hire third party contractors to prepare EISs if the contractor is selected y the agency and has signed a disclosure statement denying any financial or other interest, in the outcome of the proposed federal action. Section 518.12 implements these provisions. Regulatory Matters Executive Order 12291 and the Regulatory Flexibility Act The Commission has determined that this document is not a major rule under Executive Order 12291. The proposed rule will not have any significant effects on the economy or result in major increases in costs or prices for consumers, individual industries, federal, state, or local governments, agencies or geographical regions. The proposed rule will not have any adverse effects on competition, employment, investment, productivity, innovation, or the export/import market. Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., the Commission has determined that this proposed rule will not have a significant economic impact on a substantial number of small entities. Because this proposed rule is procedural in nature, it will not impose substantive requirements that could be deemed impacts within the scope of the IGRA. Paperwork Reduction Act The information collection requirements contained in this proposed rule have been submitted to the Office of Management and Budget (OMB) for approval as required by 44 U.S.C. 3501 et seq. The collection of this information will not be required until it has been approved by OMB. National Environmental Policy Act The Commission has determined that this proposed rulemaking does not constitute a major federal action significantly affecting the quality of the human environment and that no detailed statement is required pursuant to the National Environmental Policy Act of 1969. Executive Order 12778 The Chairman of the NIGC has certified to OMB that this proposed rule meets the applicable standards provided in sections 2(a) and 2(b)(2) of Executive Order 12778, "Civil Justice Reform," 56 FR 55195, October 25, 1991. Dated: March 23, 1993. Anthony 1. Hope, Chairman, National Indian Gaming Commission. List of Subjects in 25 CFR Part 518 Environmental impact statements, reporting and recordkeeping requirements. For the reasons set forth in the preamble, chapter III of title 25 of the code of Federal Regulations is proposed to be amended by adding part 518 to subchapter A. PART 51 8-NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES 518.1 Purpose and scope. 518.2 Definitions under this part. 518.3 Responsibilites. 518.4 Policy. 518.5 Public involvement. 518.6 Adoption of previously drafted environmental documents prepared by other Federal agencies. 518.7 Lead and cooperating agencies. 518.8 Types of actions. 518.9 Categorical exclusions. 518.10 Environmental assessments. 518.11 Environmental impact statements. 518.12 Preparation of environmental assessments and environmental impact statements. Authority: 25 U.S.C. 2701 et seq.; 42 U.S.C. 4321 et seq. §518.1 Purpose and scope. This part contains the regulations of the National Indian Gaming Commission (NIGC, or the Commission) implementing the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). NEPA established a national policy for the protection, enhancement, and restoration of the human environment. The Council on Environmental Quality (CEQ), established pursuant to NEPA, promulgated implementing regulations at 40 CFR parts 1501 through 1508. NEPA and the CEQ's regulations require all Federal agencies to develop procedures that give appropriate consideration to the environmental consequences of proposed federal agency actions that will affect the quality of the human environment. This part supplements the NEPA regulations promulgated by the CEQ. §518.2 Definitions under this parL As used inthis part, the following terms have the specified meanings: (a) Categorical exclusion means a category of actions which do not individually or cumulatively have a significant effect on the human#
Attachment 1, passage 26Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules 18355 environment and which have been found to have no such effect and for which neither an environmental assessment nor an environmental impact statement is required. (b) Cooperating agency means any Federal agency other than a lead agency which has jurisdiction, by law or special expertise, with respect to any environmental impact involved in a proposal (or a reasonable alternative) for legislation or other major Federal action significantly affecting the quality of the human environment. A State or local agency of similar qualifications or, when the effects are on a reservation, an Indian tribe, may by agreement with the lead agency become a cooperating agency. (c) Cumulative impact is the impact on the environment which results from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions regardless or what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. (d) Effects include: (1) Direct effects, which are caused by the action and occur at the same time and place. (2) Indirect effects, which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems. (3) "Effects" and "impacts" as used in this part are synonymous. Effects includes ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, or health effects, whether direct, indirect, or cumulative. Effects may also include those resulting from actions which may have both beneficial and detrimental effects, even if on balance the Commission believes that the effect will be beneficial. (e) Environmental assessment means: (1) A concise public document for which the Commission is responsible that serves to: (I) Briefly provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact. (ii) Aid in compliance with NEPA when no environmental impact statement is necessary. (iii) Facilitate preparation of an environmental impact statement when one Is necessary. (2) An environmental assessment shall include brief discussions of the need for the proposal, of alternatives as required by section 102(2)(E) of NEPA, of the environmental impacts of the proposed action and alternatives, and a listing of agencies and persons consulted. (f) Environmental document includes the documents contained in paragraphs (e). (g), (h), and (m) of this section. (g) Environmental impact statement means a detailed written statement as required by section 102(2)(C) of NEPA. (h) Finding of no significant impact means a document prepared by the Commission, when the Commission is acting as a lead agency, briefly presenting the reasons why an action, other than a categorical exclusion, will not have a significant effect on the human environment and for which an environmental impact statement therefore will not be prepared. It shall include an environmental assessment or a summary of an environmental assessment and shall note any other environmental documents related to it If the assessment is included, the finding need not repeat any of the discussion in the assessment but may incorp orate the assessment. (i) Human environment shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment. This means that economic or social effects are not intended by themselves to require preparation of an environmental impact statement. When an environmental impact statement is prepared and economic, social, natural, or physical environmental effects are interrelated, then the environmental impact statement will discuss all of these effects on the human environment. (j) Lead agency means the agency or agencies preparing or having taken primary responsibility for preparing an environmental impact statement. (k) Mitigation includes: (1) Avoiding an impact altogether by not taking a certain action or parts of an action. (2) Minimizing impacts by limiting the degree or magnitude of an action and its implementation. (3) Rectifying an impact by repairing, rehabilitating, or restoring the affected environment. (4) Reducing or eliminating an impact over time by preservation and maintenance operations during the life of the action. (5) Compensating for an impact by replacing or providing substitute resources or environments. (1) NEPA process means all measures necessary for compliance with the requirements of NEPA (m) Notice of intent means a notice that an environmental impact statement will be prepared and considered. The notice shall briefly: (1) Describe the proposed action and possible alternatives. (2) Describe the proposed scoping process including whether, when, and where any scoping meeting will be held. (3) State the name and address of the NEPA Officer. (n) Scope consists of the range of actions, alternatives, and impacts to be considered in an environmental impact statement. The scope of an individual statement may depend on its relationships to other statements. To determine the scope of environmental impact statements, agencies shall consider 3 types of actions, 3 types of alternatives, and 3 types of impacts. They include: (1) Action. (i) Connected actions, which means that they are closely related and therefore should be discussed in the same impact statement. Actions are connected if they: (A) Automatically trigger other actions which may require environmental impact statements. (B) Cannot or will not proceed unless other actions are taken previously or simultaneously. (C) Are interdependent parts of a larger action and depend on the larger action for their justification. (ii) Cumulative actions, which when viewed with other proposed actions have cumulatively significant impacts and should therefore, be discussed in the same impact statement. (iii) Similar actions, which when viewed with other reasonably foreseeable or proposed agency actions have similarities that provide a basis for evaluating their environmental consequences together, such as common timing or geography. An agency may wish to analyze these actions in the same impact statement. It should do so when the best way to assess adequately the combined impacts of similar actions or reasonable alternatives to such actions is to treat them in a single impact statement. (2) Alternatives. (i) No action alternative. (ii) Other reasonable courses of actions. (iii) Mitigation measures (not in the proposed action).#
Attachment 1, passage 2718356 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules (3) Impacts. (i) Direct impacts. (ii) Indirect impacts. (iii) Cumulative impacts. (o) Significantly, as used in NEPA and this part, requires consideration of both context and intensity: (1) Context. This means that the significance of an action must be analyzed in several contexts such as society as a whole, the affected region, the affected interests, and the locality. Significance varies with the setting of the proposed action. For instance, in the case of a site-specific action, significance would usually depend upon the effects in the locale rather than in the world as a whole. Both short and long term effects are relevant. (2) Intensity. This refers to the severity or impact. Responsible officials must bear in mind that more than one agency may make decisions about partial aspects of a major action. The following should be considered in evaluating intensity: (i) Impacts that may be both beneficial and adverse. A significant effect may exist even if the Commission believes that on balance the effect will be beneficial. (ii) The degree to which the proposed action affects public health or safety. (iii) Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. (iv) The degree to which the effects on the quality of the human environment are likely to be highly controversial. (v) The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. (vi) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration. (vii) Whether the action Is related to other actions with individually insignificant but cumulatively significant impacts. Significance exists If it is reasonable to anticipate a cumulatively significant impact on the environment. Significance cannot be avoided by terming an action temporary or by breaking it down into small component parts. (viii) The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss of destruction of significant scientific, cultural, or historical resources. (ix) The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544). (x) Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment. (p) Tiering refers to the coverage of general matters in broader environmental impact statements with subsequent narrower statements or environmental analyses referencing the general discussions and concentrating solely on the issues specific to the statement subsequently prepared. Tiering is appropriate when the sequence of statements or analyses is: (1) From a program, plan, or policy environmental impact statement to a program, plan, or policy statement or analyses of lesser scope or to a site- specific statement or analysis. (2) From an environmental impact statement on a specific action at an early stage to a supplement or a subsequent statement or analysis at a later stage. Tiering in such cases is appropriate when it helps the lead agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe. I518.3 Responsibilities. The Chairman shall designate an employee of the Commission to serve as the NEPA Officer. Such person shall ensure compliance with NEPA and related laws, regulations, policies, and programs. J 518.4 Policy. (a) It is the policy of the Commission to comply with all provisions of NEPA and related laws and regulations. (b) To the fullest extent possible, the Commission shall utilize a systematic, interdisciplinary approach to insure the integrated use of the natural and social sciences and the environmental design arts in planning and decision-making that may have an impact on the human environment. (c) The Commission shall prepare environmental documents in a clear and concise manner, addressing the pertinent environmental issues. If environmental documents are prepared by someone other than the Commission, the Commission shall take responsibility for the scope and contents of the documents pursuant to § 518.12. To facilitate the process, the Commission shall, when appropriate: (1) Substitute or combine environmental documents with other available reports to reduce duplication and paperwork; (2) Use tiering, defined under the CEQ's regulations as the coverage of general matters in environmental documents with narrower statements or analyses, incorporating the general discussions and focusing on the issues at hand (40 CFR 1508.28); and (3) Incorporate other environmental documents to reduce the bulk of pa perwork. (d) The Commission shall identify environmental effects and values in adequate detail so they can be compared to other economic and technical analyses. Environmental documents and appropriate analyses shall be circulated and reviewed at the same time as other planning documents related to an agency action. (e) The Commission shall study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources. (f) The Commission shall provide for cases where actions are planned by private applicants or other non-federal entities before Federal involvement so that: (1) Policies or designated staff are available to advise potential applicants of studies or other information foreseeably required for later federal action; and (2) Appropriate State and local agencies, and Indian tribes, are involved early in the process when their involvement is reasonably foreseeable. (g) The Commission shall plan for the cost of analyses and preparation of environmental documents during the budgetary process relating to the program or project. (h) After prior consultation with the CEQ, the Commission may deviate from its normal NEPA procedures in emergency situations. Such arrangements shall be limited to actions necessary to control the immediate impacts of an emergency situation. §518.5 Public Involvement (a) Generally. The Commission shall make diligent efforts to involve the public in preparing NEPA documents by providing public notice of NEPA-related hearings, public meetings, and the availability of environmental documents. (b) Environmental documents. Environmental documents and other documents related to the NEPA process shall be available to the public for review at the NIGC, 1850 M Street, NW., suite 250, Washington, DC 20036, or upon request. Documents shall be made#
Attachment 1, passage 28Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules 18357 available to the public without charge, except that for voluminous documents, the Commission may charge the requester for the cost of duplication. (c) Hearings and public meetings. The Commission shall hold or sponsor public hearings or meetings in accordance with NEPA and the CEQ's regulations when there is substantial environmental controversy concerning a proposed action, substantial interest in holding a hearing, or when another agency with jurisdiction over the proposed action requests a hearing or public meeting. Requests by another agency must include a statement of reasons why a hearing on a proposed action will be helpful. If a draft EIS will be considered at a hearing or public meeting, the draft EIS shall be made available to the public at least 15 days in advance of the hearing. If the purpose of the hearing or public meeting is to develop information for a draft EIS, no such document need be made available. (d) Notice. Notice of public hearings or meetings shall be provided according to the following requirements: (1) The Commission shall mail notice of hearings and public meetings to those who have requested it regarding a particular proposed action; (2) In the case of an action with effects of national concern, the Commission shall publish notice of hearings and public meetings in the Federal Register and shall mail notice to all national organizations expected to be interested in the matter; and (3) In the case of an action of local concern, the Commission shall provide notice individually to those persons or entities expected to be interested, or by publication in local newspapers or newsletters that may be expected to reach the interested persons, announcements made through local media, or posting of notice on and off the site in the area where the action is to occur. § 518.6 Adoption of previously drafted environmental documents prepared by other Federal agencies. When the Commission determines that preparation of environmental documents is necessary, the Commission may adopt previously drafted EAs or EISs, or portions thereof, prepared by another Federal agency for use in a current EA or EIS, provided that the original document meets the standards for an adequate EA or EIS under these regulations. If the actions covered in the original document and the proposed action are substantially the same, the Commission need not recirculate the adopted Federal document, except as a final EA or EIS If the Commission acts as a cooperating agency pursuant to § 518.7, it may adopt, without recirculating, the EA or EIS of a lead agency if, after an independent review of the document, the Commission concludes that its comments and suggestions have been satisfied. When the Commission adopts an EA or EIS which is not final, or when the proposed action being assessed is referred to the CEQ because of interagency disagreement, or the statement's adequacy is the subject of a judicial action which is not final, the Commission shall specify this information in the current EA or EIS. §518.7 Lead and cooperating agencies. The Commission shall cooperate with other Federal and state agencies, Indian tribes, individuals, or entities to ensure that NEPA considerations are addressed early in the planning process. When a proposed action of the Commission triggers the NEPA process, the Commission shall consult with other agencies to determine the extent of Federal involvement in various aspects of the proposed action. If several agencies will be involved due to various Federal actions, the Commission shall comply with the requirements in the CEQ's regulations (40 CFR 1501.5 and 1501.6) for determining the scope of its involvement either as a lead or cooperating agency. §518.8 Types of actions. The following are the categories of proposed actions associated with the Commission's programs and activities: (a) Categorical exclusions. Actions which normally do not individually or cumulatively have a significant effect on the quality of the human environment and which therefore do not require the preparation of an Environmental assessment (EA) or an Environmental impact statement (EIS). (b) Actions normally requiring the preparation of an EA. Actions that do not meet the criteria under paragraph (a) of this section, and whose effects are not defined well enough to permit an early determination that an EIS is required. The purpose of an EA is to allow the Commission to determine whether a proposed action will have a significant effect on the environment, resulting in the need for preparation of either a finding of no significant impact (FONSI) or an EIS. (c) Actions requiring the preparation of an EIS. Actions that normally have a significant effect on the quality of the human environment and that normally require the preparation of an EIS. §518.9 Categorical exclusions. (a) Categorical exclusions. The following are actions of the Commission that meet the criteria for categorical exclusi6ns and normally do not require the preparation of an EA or an EIS: (1) Routine administrative activities such as personnel activities, internal organizational changes, budget matters, inventories, collection of data and information necessary to carry out the Commission's duties, educational and informational programs and activities, establishing a schedule of fees, and collecting such fees from the operators of each class H gaming activity regulated by the Commission, pursuant to 25 U.S.C. 2717; (2) Monitoring class II gaming conducted on Indian lands, including the inspection of books, records, and the premises where class H gaming is conducted as provided under 25 U.S.C. 2706(b); (3) Conducting or causing to be conducted background investigations of persons or entities with a financial interest in, or having management responsibility for, management contracts for class H gaming operations under 25 U.S.C. 2706(b)(3); (4) Issuing certificates of self- regulation to Indian tribes pursuant to 25 U.S.C. 2710(c); (5) The Chairman's approval of class II and class III tribal gaming ordinances, resolutions, and of modifications to such ordinances and resolutions under 25 U.S.C. 2710(b), 2710(d), and 2712(b); (6) The Chairman's approval of management contracts and of modifications to management contracts under 25 U.S.C. 2711(b) and 2712(c), except that when the management, contract or modification provides for the development or construction of a gaming operation, or parts thereof, § 518.10 shall apply. (b) Exceptions to categorical exclusions. If there are extraordinary circumstances which require the Commission to conduct appropriate studies to determine if the categorical exclusion classification is proper for a particular action, the Commission shall conduct or cause to be conducted such studies, including, if necessary, the preparation of an EA concerning the action. Such extraordinary circumstances include: (1) Actions that may have significant adverse effects on public health or safety; (2) Actions that may have highly controversial environmental effects; (3) Actions that may have highly uncertain environmental effects or involve unique or unknown environmental risks;#
Attachment 1, passage 2918358 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules (4) Actions, related to other actions, that individually have insignificant environmental effects but that cumulatively may have significant environmental effects; and (5) Actions that may establish a precedent for future actions or that represent a decision in principle about a future consideration with Significant environmental effects. §51&10 Environmenta assessments. (a) Actions requiring the preparation of an EA. If the proposed action is not categorically excluded and preparation of an EA will assist in determining the environmental impacts of a proposed action, the Commission shall be responsible for the preparation of an EA in accordance with § 158.12. The Chairman's approval or modification of management contracts that provide for the development and construction of gaming facilities, or parts thereof, normally will require the preparation of an EA. (b) Form and content. An EA may be prepared in any format, provided that it is prepared in a clear and concise manner and contains all of the information necessary to determine whether a proposed action may have a significant impact on the human environment. The Commission shall involve environmental agencies, applicants, and the public to the extent practicable in preparing EAs in accordance with § 518.5. An EA shall include: (1) A brief discussion of the need for the proposed action; (2) Alternatives to the proposed action; (3) Adverse and beneficial environmental impacts of the proposed action; and (4) A list of agencies and persons consulted in the preparation of the EA. (c) Written decisions. Based on the information contained in an EA, the Commission shall determine whether to prepare a FONSI or, whether there is need for the preparation of an EIS. If the Commission determines that preparation of a FONSI is appropriate, the Commission shall prepare a written decision in combination with the EA. (d) Time limits. If, based on the information contained in an EA, the Commission determines that a proposed action will have no significant impact on the quality of the human environment, it shall prepare a FONSI. The Commission shall make the FONSI available to the affected public in accordance with § 518.5. Under certain circumstances, the Commission shall make a FONSI available for public review for 30 days before the Commission makes a final determination and before any action may bein. A FONSI shall be made availabre for public review prior to a final determination when: (1) The proposed action is closely similar to one which normally requires the preparation of an EIS; or (2) The nature of the proposed action is one without precedent. 1518.11 Environmental impact statements. (a) Actions requiring the preparation of an EIS. The Commission shall be responsible for the preparation of an EIS in accordance with § 518.12(c), when it is determined that the approval or modification of a management contract containing provisions for development and construction of gaming facilities will have a significant impact on the quality of the human environment. In preparing an EIS, the Commission shall comply with all provisions of the CEQ's regulations as set forth in 40 CFR parts 1502 through 1508. (b) Implementing the EIS. The decision concerning a proposed action for which an EIS has been prepared shall be documented in a Record of Decision (ROD). The Commission, when acting as lead agency or in cooperation with other agencies, shall monitor activities subsequent to the issuance of an ROD to ensure that its provisions are carried out. The Commission shall also implement any mitigation activities identified in the ROD. When acting as the lead agency in an action, the Commission shall: (1) Include appropriate mitigation requirements in the ROD; (2) Upon request, inform other agencies involved in the NEPA process of the progress of mitigation efforts; and (3) Upon request, make available to the public the results of relevant monitoring. §518.12 Preparation of environmental assessments and environmental Impact statements. (a) Information. The Commission may require the applicant(s) seeking approval of a management contract or modification to submit environmental information for use in the preparation of environmental documents. The Commission shall evaluate the information submitted and shall take responsibility for its accuracy. (b) Environmental assessments. If the Commission, acting as a lead or cooperating agency, permits another party, such as the applicant(s) of a management contract or a third party contractor, to prepare an EA, the Commission shall independently evaluate the information submitted and shall verify and be responsible for the accuracy, scope, and content of the EA. (c) Environmental impact statements. The Commission, when acting as a lead or cooperating agency, shall prepare or aid in the preparation of an EIS. When acting as a lead agency, the Commission may hire a third party, selected by the Commission, to prepare an EIS. When the Commission chooses to hire a third party contractor, the Commission shall prepare a disclosure statement to be executed by the contractor specifying that the contractor has no financial or other interest in the outcome of the action. Also, when the Commission hires a third party contractor, the Commission shall furnish guidance on the proposed action and shall participate in the preparation of the EIS. The Commission shall also independently evaluate the information submitted and shall verify and be responsible for the accuracy, scope, and content of the EIS. [FR Doc. 93-7064 Filed 4-8-93; 8:45 am) BILLING CODE 7565-01-M DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 117 [CGD13-93-02] Drawbridge Operation Regulations; Youngs Bay and Lewis and Clark River, OR AGENCY: Coast Guard, DOT. ACTION: Notice of proposed rulemaking. SUMMARY: At the request of the Oregon Department of Transportation, the Coast Guard proposes a change to the regulations governing the New Youngs Bay Bridge across Youngs Bay, mile 0.7, the Old Youngs Bay Bridge across Youngs Bay, mile 2.4, and the Lewis and Clark River Bridge across the Lewis and Clark River, mile 1.0, at Astoria, Oregon. This change would require that four hours advance notice be given for opening any of the three drawspans from 9 p.m. to 5 a.m. This proposal is being made because in a period of 30 months, only 19 openings were made for the passage of vessels during the cited hours. This action would relieve the owner of the bridges from having a person constantly available at the bridges. This change should still provide for the reasonable needs of navigation. DATES: Comments should be received on or before May 24, 1993#
Attachment 1, passage 30Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules 18359 ADDRESSES: Comments should be mailed to Commander (tan), Thirteenth Coast Guard District, 915 Second Avenue, Seattle, Washington 98174- 1067. The comments and any other materials referenced in this notice will be available for inspection and photocopying at 915 Second Avenue, room 3410. Normal office hours are between 7:45 a.m. and 4:15 p.m., Monday through Friday, except holidays. Comments may also be hand- delivered to this address. FOR FURTHER INFORMATION CONTACT: John E. Mikesell, Chief, Plans & Programs Section, Aids to Navigation and Waterways Management Branch. Telephone: (206) 553-5864. SUPPLEMENTARY INFORMATION: Interested persons are invited to participate in this proposed rulemaking by submitting written views, data, or arguments. Persons submitting comments should include their names and addresses, identify the bridge, and give reasons for concurrence with, or any recommended changes in, the proposal. Persons desiring acknowledgement that their comments have been received should enclose a stamped, self-addressed post- card or envelope. The Commander, Thirteenth Coast Guard District, will evaluate all communications received and determine a final course of action on this proposal. The proposed regulations may be changed in light of comments received. Drafting Information The drafters of this notice are Austin Pratt, project officer, and Lieutenant Laticia J. Argenti, project attorney. Discussion of the Proposed Rule The Oregon State Department of Transportation has asked the Coast Guard to approve a change to the operating regulations which would require a longer advance notice at night for opening the drawbridges in the Youngs Bay area. A four-hour notice would be required between 9 p.m. and 5 a.m. The existing regulations for all three bridges require a half hour notice for openings at any time. Only the Lewis and Clark River Bridge has a tender present 24 hours a day. This operator also responds to the calls for opening the Old and the New Youngs Bay Bridges. The proposed change alters only the length of notice between the hours of 9 p.m. and 5 a.m., thereby relieving the owner of having an operator present during the hours when requests for opening are seldom made. The Oregon Department of Transportation has maintained records that show a significant and consistent decline in the number of openings at all three bridges. This decline is especially pronounced during the night hours which are encompassed by the proposed rule. The operator for the Youngs Bay area bridges is posted at the Lewis and Clark River Bridge because this drawspan is opened for the passage of vessels more often than the other two. If this change of regulations is approved, the bridge owner will establish an answering service at a phone number dedicated to the operation of these drawspans between 9 p.m. and 5 a.m. Regulatory Evaluation This proposed rule is considered to be not major under Executive Order 12291 and non-significant under the Department of Transportation regulatory policies and procedures (44 FR 113044, February 26, 1979). The economic impact has been determined to be so minimal that a full regulatory evaluation is unnecessary. This conclusion is based on the fact that these regulations are not expected to have any substantial effect on commercial navigation or any businesses that depend on waterborne transportation for successful operations. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) the U.S. Coast Guard must consider whether rules will have a significant economic impact on a substantial number of small entities. "Small entities" include independently owned and operated small businesses that are not dominant in their field and that otherwise qualify as "small business concerns" under Section 3 of the Small Business Act (i5 U.S.C. 632). Because this proposed rulemaking imposes no new requirements on small businesses and will result in partial relief from a regulatory burden on the owner or operator of this bridge, the Coast Guard does not expect this proposed regulation change to have significant economic impact on a substantial number of small entities. Federalism This action has been analyzed in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that the proposed rulemaking does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Environment This proposed rulemaking has been thoroughly reviewed and determined by the Coast Guard to be categorically excluded from further environmental documentation under the authority of 40 Code of Federal Regulations § 1507.3 and in accordance with paragraph 2.B.2.g.(5) of the NEPA Implementing Procedures Commandant Instruction M16475.1B. A Categorical Exclusion Determination statement has been prepared and placed in the rulemaking docket. List of Subjects in 33 CYR Part 117 Bridges. In consideration of the foregoing, the Coast Guard proposes to amend part 117 of title 33, Code of Federal Regulations to read as follows: PART 117-DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for Part 117 continues to read as follows: Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g). 2. Section 117.899 is revised to read as follows: PART 117-DRAWBRIDGE OPERATION REGULATIONS § 117.899 Youngs Bay and Lewis and Clark River. (a) The draw of the US101 (New Youngs Bay) highway bridge, mile 0.7, across Youngs Bay at Smith Point, shall open on signal for the passage of vessels if at least one half hour's notice is given to the drawtender at the Lewis and Clark River Bridge by marine radio, telephone, or other suitable means from 5:00 a.m. to 9:00 p.m. At all other times four hour's notice by telephone is required. The opening signal is two prolonged blasts followed by one short blast. (b) The draw of the Oregon State (Old Youngs Bay) highway bridge, mile 2.4, across Youngs Bay at the foot of Fifth Street, shall open on signal for the passage of vessels if at least one half hour's notice is given to the drawtender at the Lewis and Clark River Bridge by marine radio, telephone, or other suitable means from 5 a.m. to 9 p.m. At all other times four hour's notice by telephone is required. The opening signal is two prolonged blasts followed by one short blast. (c) The draw of the Oregon State highway bridge, mile 1.0, across the Lewis and Clark River, shall open on signal for the passage of vessels if at least one half hour's notice is given by marine radio, telephone, or other suitable means from 5 a.m. to 9 p.m. At all other times four hour's notice by telephone is required. The opening#
Attachment 1, passage 3118360 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules signal is one prolonged blast followed by four short blasts. I.E. Vorbach, Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District. [FR Doc. 93-8272 Filed 4-8-93; 8:45 am] BILUNG CODE 4910-14-M DEPARTMENT OF JUSTICE Justice Management Division 41 CFR Part 128-1 Seismic Safety Program AGENCY: Department of Justice, Justice Management Division. ACTION: Proposed rule. SUMMARY: The Department of Justice. (DOJ or Department) probposes to issue rules that will bring the Department into compliance with the provisions of Executive Order (E.O.) 12699, "Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction," which implements the building safety provisions of the Earthquake Hazards Reduction Act of 1977, as amended. The Executive Order requires each affected Federal agency to develop and implement its own mission-appropriate and cost-effective regulations governing seismic safety for new buildings that the agency constructs or leases, and for buildings constructed with assistance from the agency, or constructed under regulations provided by the agency. The Order and this rule have as their purposes, the reduction of risks to the lives of building occupants and others who would be affected by the failure of Federal buildings in an earthquake, the improvement of the capabilities of essential buildings to function during or after an earthquake, and the reduction of earthquake losses of public buildings and investments. DATES: Written comments must be received by DOJ, or carry a postmark or equivalent, by May 10, 1993. ADDRESSES: Comments should be sent to Benjamin F. Burrell, Director, Facilities and Administrative Services Staff, United States Department of Justice. MCPH Suite 700, Washington, DC 20530. Commenters are requested to provide an original and two copies of their comments. FOR FURTHER INFORMATION CONTACT: William Kopitz, Deputy Assistant Director, Construction Management Services, United States Department of Justice, MCPH Suite 700, Washington, DC 20530. Telephone: 202-633-2874. SUPPLEMENTARY INFORMATION: To coordinate earthquake research and to improve earthquake preparedness, Congress enacted the Earthquake Hazards Reduction Act of 1977 (Act)(Pub. L. 95-124, 42 U.S.C. 7701 et seq.) as amended (Pub. L. 101-614). which directed the establishment and maintenance of an effective earthquake hazard reduction program. In the Act, actions to improve the safety of building structures focused on the development of design and construction methods to make both new and existing structures earthquake resistant, and the development and promotion of model building codes. The Act applied to both the private and public sectors. Federal agencies joined forces via the Interagency Committee on Seismic Safety in Construction (ICSSC) to develop earthquake hazards reduction measures for the large number of Federal buildings: the Federal government owns or leases more than 400,000 buildings. For more than 10 years, the ICSSC has been developing seismic design guidelines for new and existing Federal buildings and facilities. In 1987, the ICSSC published "Seismic Design Guidelines for Federal Buildings" (ICSSC RP-1) which were intended primarily for new buildings. In March 1989, it issued "Guidelines for Identification and Mitigation of Seismically Hazardous Existing Federal Buildings" (ICSSC RP-3). On January 5, 1990, President Bush signed Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction, which requires all Federal agencies to ensure that any new building which is Federally owned, leased, assisted or regulated is designed and constructed in accordance with appropriate seismic design and construction standards. Appropriate and cost-effective seismic design and construction standards and practices were identified by the ICSSC, pursuant to the authority granted to the ICSSC in the Executive Order. Specifically, the ICSSC found that several model building codes provide the levels of seismic safety required by the Executive Order. This proposed rule implements Executive Order 12699 in the Department of Justice by creating a seismic safety program that applies to buildings designed and constructed under the responsibility of the Department. Executive Order 12291 This proposed rule conforms with Executive Order 12291, which, in pertinent part, requires the preparation of a Regulatory Impact Analysis for "major" rules. The Department of Justice finds that this rule is not "major" within the meaning of that term in Executive Order 12291. Therefore, a Regulatory Impact Analysis is not required. Executive Order 12372 This proposed rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may require consultation with State and local officials. Executive Order 12612 The Department analyzed this proposed rule in accordance with the principles and criteria contained in Executive Order 12612, Federalism Considerations in Policy Formulation and Implementation, and determined that this proposed rule has minimal federalism implications, if any at all. Therefore, preparation of a Federalism Assessment is not warranted. Executive Order 12778 The Department reviewed the proposed rule pursuant to Executive Order 12778, Civil Justice Reform. This rule will not: (1) Preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule; (2) have any retroactive effect; and (3) require administrative proceedings before parties may file suit challenging the provisions of this rule. Collection of Information and Recordkeeping Requirements This proposed rule contains no collection of information requirements pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the Department must consider whether this proposed rule will have a significant economic impact on a substantial number of small entities. "Small entities" include independently owned and operated small businesses that are not dominant in their field and that otherwise qualify as "small business concerns" under Section 3 of the Small Business Act (15 U.S.C. 632). Because the Department expects that this rule will have no impact on small business, the Department certifies, under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities.#
Attachment 1, passage 32Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules 18361 List of Subjects in 41 CFR Part 128-1 Acquisition of real property, Seismic Safety, Seized personal property, Utilization, donation, or disposal of abandoned and forfeited personal property. PART 128-[AMENDED] For the reasons set out in the preamble, the Department of Justice proposes to amend 41 CFR part 128-1 by establishing a new subpart 128-1.8 as follows: Subpart 128-1.8-SeIsmic Safety Program Sec. 128-1.800 Scope. 128-1.8001 Background. 128-1.8002 Definitions of terms. 128-1.8003 Objective. 128-1.8004 Seismic Safety Coordinators. 128-1.8005 Seismic safety standards. 128-1.8006 Seismic safety program requirements. 128-1.8007 Reporting. 128-1.8008 Exemptions. 128-1.8009 Review of seismic safety program. 128-1.8010 Judicial review. Authority: 42 U.S.C. 7701 et seq.. E.O. 12699 (3 CFR, 1990 Comp., p. 269). Subpart 128-1.8-Seismic Safety Program 5128-1.8000 Scope. This subpart establishes a Seismic Safety Program for the Department of Justice and sets forth the policies and procedures for obtaining compliance with Executive Order 12699 (Executive Order), "Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction." 5 128-1.8001 Background. The Earthquake Hazards Reduction Act of 1977 (Act), 42 U.S.C. 7701, et seq., as amended, directs the Federal government to establish and maintain an effective earthquake hazards reduction program to reduce the risks to life and property from future earthquakes. Executive Order 12699 implements certain provisions of the Act by requiring Federal agencies responsible for the design and construction of new buildings to develop and implement a seismic safety program. The regulations in this subpart implement the Executive Order, and apply to buildings designed and constructed under the responsibility of the Department of Justice. These regulations do not apply to buildings used by the Department and obtained, through purchase or lease, by the General Services Administration or other Federal agencies. 5128-1.8002 Definitions of terms. (a) Construction documents--Detailed plans and specifications for the construction of a building. (b) Building-Any structure, fully or partially enclosed, used or intended for sheltering persons or property. (c) New building-A building, or an addition to an existing building, or which development of construction documents was initiated after January 5, 1990. (d) Leased building-A new building constructed expressly for lease by the Department of Justice, and for which the Department contracted with the lessor or owner to develop construction documents to meet the specifications of the Department. (e) Purchased building-A new building constructed expressly for purchase by the Department, and for which the Department contracted with the owner/developer to develop construction documents meeting the specifications of the Department. (0 Assisted or regulated building-A new building designed and constructed with funding assistance from the Department through Federal grants or loans, or guarantees of financing, through loan or mortgage insurance programs. (g) Covered building--a new building owned, leased, purchased, or assisted or regulated by the Department of Justice. §128-1.8003 Objective." The Department shall comply with Executive Order 12699 for the purpose of reducing th4 risks to lives of occupants of new buildings owned by the Department, leased for Department uses, or purchased and constructed with assistance from the Department, and to other persons who would be affected by the failure of such buildings in earthquakes; improving the capability of essential new Department buildings to function during or after an earthquake; and protecting public investments in all covered buildings; all in a cost-effective manner. 5 128-1.8004 Seismic Safety Coordinators. (a) The Justice Management Division shall designate an individual with technical training, engineering experience and a seismic background as the Department of Justice Seismic Safety Coordinator who shall provide overall guidance for the implementation of the Seismic Safety Program for the Department. The Department Seismic Safety Coordinator shall, at a minimum: (1) Monitor the execution and results of the efforts of the Department to upgrade the seismic safety of the Department's new construction activities; (2) Implement seismic safety program changes, as required; (3) Act as a point of contact for the Department in maintaining necessary records, and consolidate data pertaining to the seismic safety activities in the Department; (4) Monitor and record the cost, construction and other consequences attributable to compliance with the Executive Order; (5) Notify each Component Seismic Coordinator about what information he must maintain under the Seismic Safety Program and what reports he must prepare; (6) Prepare and forward for submission all reports, as required by law and regulation; (7) Manage the Seismic Safety Program for all components of the Department, with the exception of the components listed in paragraph (b) of this section. (b) The Component Head for the Bureau of Prisons, the Drug Enforcement Administration, the Federal Bureau of Investigation, the Immigration and Naturalization Service, and the United States Marshals Service, shall designate a Component Seismic Safety Coordinator for his/her respective component. Each of these Component Seismic Safety Coordinators shall manage and implement the seismic safety policies and activities within the component. the Component Seismic Safety Coordinators shall, at a minimum: (1) Provide guidance to component employees who undertake building activity; (2) Maintain and provide data about the Seismic Safety Program, as requested by the Department Seismic Safety Coordinator; (3) Monitor and record the cost, construction and other consequences attributable to compliance with the Executive Order; and (4) Submit an annual Seismic Safety Program status report as directed by the Department Seismic Safety Coordinator. $128-1.8005 Seismic safety standards. (a) To meet the building and construction requirements of this subpart, the Department, except as noted, adopts as its seismic safety standards the seismic safety levels set forth in the model building codes that the Interagency Committee on Seismic Safety in Construction (ICSSC) recognizes and recommends as appropriate for implementing the Executive Order. The ICSSC, as of [the#
Attachment 1, passage 3318362 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules effective date of the final rule], recognizes and recommends: (1 The 1991 International Conference of Building Officials (ICBO) Uniform Building Code (UBC); (2) The 1992 Supplement to the Building Officials and Code Administrators International (BOCA) National Building Code (NBC); and (3) The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building Code (SBC). (b) The seismic design and construction of a covered building shall conform to the model code applicable in the locality having jurisdiction over the building, unless: (1) The building code for the locality provides a higher level of seismic safety than provided by the appropriate model code, in which case the local code shall be utilized as the standard; or (2) The locality does not have seismic safety building requirements, in which case the ICSSC model building code appropriate for that geographic area shall be utilized as the standard. § 128-1.8006 Seismic Safety Program Requirements. The Department Seismic Safety Coordinator and each Component Seismic Safety Coordinator shall ensure that an individual familiar with seismic design provisions of the Seismic Safety Standards (appropriate standards), or a professional, licensed engineer shall conduct the reviews required under this section, as appropriate. (a) New building projects- Construction documents initiated after [THE EFFECTIVE DATE OF THE FINAL RULE], and which apply to new construction projects, shall comply with the appropriate standards and shall be reviewed for compliance. Once the reviewer determines that the documents comply, the reviewer shall affix his/her signature and seal (if a licensed engineer) to the approved documents and provide a statement certifying compliance with the appropriate standards. , (b) Existing building projects-For new buildings with construction documents that were initiated prior to [THE EFFECTIVE DATE OF THE FINAL RULE], the documents shall be reviewed to determine whether they comply with the appropriate standards. If the reviewer determines that the documents comply with the standard, the reviewer shall affix his/her signature and seal (if a licensed engineer) to the approved documents and provide a statement certifying compliance with the appropriate standards. If the reviewer determines that seismic deficiencies exist, the appropriate Component Head shall ensure completion of one of the following: (1) For a new building project for which a contract for construction has not been awarded, the construction documents shall be revised to incorporate the appropriate standards. The revised construction documents shall then be reviewed for compliance. Once the reviewer determines that the documents comply with the standard, the reviewer shall affix his/her signature and seal (if a licensed engineer) to the approved documents and provide a statement certifying compliance with the Department standards. (2) For a new building under construction, or for which construction has been completed, a corrective action plan shall be devised to bring the building into compliance with the appropriate standards. The plan shall then be reviewed for compliance. Once the reviewer determines that the plan complies with the standard, the reviewer shall affix his/her signature and seal (if a licensed engineer) to the approved documents and provide a statement certifying compliance with the Department standards. The Component Head shall ensure implementation of the approved plan. (3) For an addition to an existing building, the review shall account for, in addition to the requirements provided in paragraphs (b)(1) or (2) of this section, as appropriate, any effect the addition will have on the seismic resistance of the existing portion of the structure. If the reviewer determines that the addition will decrease the level of seismic resistance of the existing building, the appropriate Component Head shall develop a plan of corrective action to restore the seismic integrity of the existing structure. Once the plan of corrective action has been accomplished, the reviewer shall verify that the current level of seismic resistance of the existing building at least equals the seismic resistance level of the building before the addition. (c) The Department Seismic Safety Coordinator and each Component Seismic Safety Coordinator shall ensure that statements verifying compliance made under this subpart have been completed and retained by the appropriate contracting officer. § 128-1.8007 Reporting. The Department shall file reports on the execution of the Executive Order as required under the Order, and as required by the Federal Emergency Management Agency. §128-1.8008 Exemption. The Executive Order exempts from these regulations only those categories of buildings exempted by the "National Earthquake Hazards Reduction Program Recommended Provisions for the Development of Seismic Regulations for New Buildings." The Department Seismic Safety Coordinator shall maintain the latest version of this document. § 128-1.8009 Review of seismic safety program. The Department shall review and, as necessary, revise the Seismic Safety Program once every three years from [THE EFFECTIVE DATE OF THE FINAL RULE]. §128-1.8010 Judicial review. Nothing in this rule is intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the Department of Justice, its Seismic Safety Coordinators, its officers, or any employee of the Department. Dated: March 26, 1993. Stephen R. Colgate, Assistant Attorney General for Administration. [FR Doc. 93-8005 Filed 4-8-93; 8:45 am] BILLING CODE 4410-01-M DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 3400 [WO-650-4120-02] RIN 1004-AC04 Coal Management-General AGENCY: Bureau of Land Management, Interior. ACTION: Proposed rule; notice of reopening of comment period. SUMMARY: A proposed rule that would add a section to the regulations on coal' management allowing decisions affecting actions in the Federal Coal Management Program to remain in full force and effect during the pendency of an appeal to the Interior Board of Land Appeals (IBLA), unless the appellant shows sufficient justification to the IBLA that a stay is necessary, was published in the Federal Register on January 22, 1993 (58 FR 5697), allowing 60 days for public comment. In response to public request, the comment period is being reopened for 30 days. DATES: Comments should be submitted by May 10, 1993. Comments received or#
Attachment 1, passage 34Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules 18363 postmarked after the above date may not be considered in the decisionmaking process on the final rule ADDRESSES: Comments should be sent to Director,(140), Bureau of Land Management, room 5555, Main Interior Building, 1849 C Street, NW., Washington, DC 20240. Comments will be available for public review at the above address during regular business hours (7:45 a.m. to 4:15 p.m.), Monday through Friday. FOR FURTHER INFORMATION CONTACT: Carole Smith, (202) 653-5182. Dated: April 1, 1993. Michael Dombeck, Acting Assistant Secretary of the Interior. [FR Doc. 93-8284 Filed 4-8-93; 8:45 am] BILLNG CODE 4.10-W4- OFFICE OF MANAGEMENT AND BUDGET Office of Federal Procurement Policy 48 CFR Part 9903 Cost Accounting Standards Board; Applicability and Thresholds for Cost Accounting Standards Coverage AGENCY: Cost Accounting Standards Board, Office of Federal Procurement Policy, OMB. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The Office of Federal Procurement Policy, Cost Accounting Standards Board, is proposing to revise applicability, thresholds and procedures for the application of the Cost Accounting Standards (CAS) to negotiated government contracts. Section 26(g)(1) of the Office of Federal Procurement Policy Act requires that the Board, prior to the promulgation of any new or revised Cost Accounting Standard, publish an NPRM. The Board is taking action on this topic in order to adjust CAS applicability requirements and dollar thresholds to levels reflecting experience with price inflation since the thresholds were last promulgated by the previous Board on September 12, 1977. The Board is also proposing changes to the criteria for determining which Standards apply at different threshold levels and the concept of what constitutes modified coverage, and, the criteria that trigger full CAS coverage. DATES: Requests for a copy of the Board's NPRM must be in writing and must be received by June 8, 1993. Comments on the proposed rule must be in writing and must be received by June 23,1993. Organizations that previously requested a copy of the Board's Advance Notice of Proposed Rulemaking (ANPRM) on this subject are already on the Board's mailing list and will automatically receive a copy of this NPRM. ADDRESSES: Comments and requests for copies of the Board's NPRM should be addressed to Richard C. Loeb, Executive Secretary, Cost Accounting Standards Board, Office of Federal Procurement Policy, 725 17th Street, NW., room 9001, Washington, DC 20503. Attn: CASB Docket No. 91-04. FOR FURTHER INFORMATION CONTACT: Richard C. Loeb, Executive Secretary, Cost Accounting Standards Board (telephone: 202-395-3254). SUPPLEMENTARY INFORMATION: A. Regulatory Process The Cost Accounting Standards Board's rules and regulations are codified at 48 CFR chapter 99. Section 26(g)(1) of the Office of Federal Procurement Policy Act, 41 U.S.C. 422(g)(1), requires that the Board, prior to the establishment of any new or revised Cost Accounting Standard, complete a prescribed rulemaking process. This process consists of the following four steps: 1. Consult with interested persons concerning the advantages, disadvantages and improvements anticipated in the pricing and administration of Government contracts as a result of a proposed Standard. 2. Promulgate an Advance Notice of Proposed Rulemaking. 3. Promulgate a Notice of Proposed Rulemakin. 4. Promulgate a Final Rule. This proposal is step three in the four step process. B. Background On September 12, 1977, the previous Cost Accounting Standards Board (CASB) promulgated rules that exempted certain types of government contractors from the full impact of the application of the Cost Accounting Standards (CAS) to all of their otherwise CAS covered contracts and subcontracts. The regulation issued by the old CASB, formerly part 332 of that Board's rules (4 CFR part 332), entitled "Modified Contract Coverage," was designed to partially address the problem of application of CAS to smaller government contractors, as well as the application of CAS to those contractors for whom government business represented only a relatively' small share of total sales volume. The impetus for the-development of the concept of modified CAS coverage was the concern expressed at the time, that some business firms (principally smaller firms and non-government segments of major contractors) were avoiding bidding on government contracts because of the perceived burdens associated with the administration of CAS requirements. See Preamble A to CAS part 332, 42 FR 45625, Sept. 12, 1977. The present requirement for modified CAS coverage appearing at 48 CFR 9903.201-2, entitled "Types of CAS coverage" provides: (b) Modified coverage. (1) Modified coverage requires only that the contractor comply with Standard 9904.401, Consistency in Estimating, Accumulating and Reporting Costs, and Standard 9904.402, Consistency in Allocating Costs Incurred for the Same Purpose. Modified, rather than full, CAS coverage may be applied to a covered contract of less than $10 million awarded to a business unit that received less than $10 million in CAS-covered contracts in the immediately preceding cost accounting period if the sum of such awards was less than 10 percent of the business unit's total sales during that period * * * Additional provisions of this section as well as section 9903.202 of the Board's rules, entitled "Disclosure requirements," currently provide that certain business units that are subject to modified coverage must still file Disclosure Statements (normally required only for contractors subject to full coverage) if the business unit is a part of a larger company that has other business units that are subject to full CAS coverage. See 48 CFR 9903.202-1. The regulations providing for modified CAS coverage were originally effective on March 10, 1978. In the intervening 15 years, the dollar threshold for modified CAS coverage has not been adjusted. However, prices as measured by the consumer price index have been adjusted by over 100% during this period. Presumably the issues giving rise to the development of the concept of modified CAS coverage in 1977 have been further highlighted during this time frame. The $10 million threshold, once considered to be the mark at which a contractor had sufficient "covered" contracts to be subject to full CAS coverage, has been eroded by the effects of inflation. This dollar threshold may no longer serve as an appropriate size standard that represents a fair demarcation applicable to CAS covered contractors. The Board is now proposing what it believes to be appropriate adjustments in the threshold for application of - modified CAS coverage to covered contractors. In so doing, the CASB has#
Attachment 1, passage 3518364 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules been considering two principal issues: (1) The adjustment should properly reflect the effects of inflation, and (2) the adjustment should protect the interests of the Government while lessening the need to impose the full burdens associated with CAS coverage on affected contractors. C. Summary of Proposed Amendments The Board's NPRM provides for a full CAS coverage threshold of $25 million (actual inflation experience rounded to the nearest five million dollar increment). This represents an increase of two-and-one-half times the present threshold, and approximates inflation experience as measured by the consumer price index from the last quarter of calendar year 1977 through the last quarter of 1992. In the Board's judgment, its internal study (which is based upon data available in the Federal Procurement Data System) has indicated that this proposed threshold should provide adequate protection to the Government in the form of cumulative contract dollars remaining subject to full CAS coverage, while significantly reducing the number of contractors that will be required to comply with the full scope of the Standards and the requirement for submission of a Disclosure Statement. The results of the Board's study have also established that the proposed increase in the threshold applicable to modified CAS coverage should result in an approximately 45%-50% decrease in the number of contractors (or contractor business segments) subject to full CAS coverage, while the corresponding reduction in CAS-covered dollars will be only 5%-6% from current levels. These results would appear to indicate that a substantial reduction in the burdens associated with full CAS coverage will be achieved for a significant number of contractors, and contractor segments, with only a relatively small decrease in the cumulative dollar value of contracts that are subject to the full scope of CAS coverage. The Board, in this proposal, has also determined to increase the dollar threshold associated with the so-called "trigger contract" in order to decrease the burdens associated with the application of full CAS coverage. Pursuant to this proposal, the "trigger contract" will be that contract dollar threshold associated with the initiation of full CAS coverage, for a particular contractor, based on the award of a single negotiated government contract. Under rules previously in effect (see 4 CFR 331.30(b)(7) and 332, also 48 CFR 30.201-1(b)(7) and 30.201-2(b)), the trigger contract threshold was a single enunciated in Standard 406 is so basic negotiated government contract as to be a reasonable requirement for all exceeding $500,000. Once awarded a government contracts priced on the negotiated government contract of at basis of cost. The Board also believes least this dollar magnitude in a single that CAS 406 provides a form of cost accounting period, a government protection to contractors in that it contractor's segment or business unit prohibits the use of inappropriate and/ was subject to some form of CAS or inconsistent cost accounting periods coverage (either full or modified) for all in order to minimize indirect contract subsequently awarded negotiated costs. As was noted in the preamble to contracts exceeding $100,000. Public the Advance Notice of Proposed Law 100-679 raised the threshold for Rulemaking on this topic (see 57 FR individual CAS contract coverage to 47438), the Board has been considering $500,000 (see CAS recodification, 57 FR methods by which to achieve a greater 14148, April 17, 1992), which had the degree of balance between those who effect of eliminating the $500,000 trigger would urge it to raise and/or tigten concept. Without an amendment, the certain CAS applicability thresholds- minimum individual CAS contract and those who have argued that these threshold and the initiating CAS same thresholds should not be revised. "trigger contract" threshold are The Board's consideration of this issue currently one and the same. Although has led to the current proposal that the Board has provided for the would apply.the requirements of at least continuation of the "trigger contract" CAS 401, 402, 405 and 406 to all concept in this NPRM, it has limited its otherwise non-exempt awards application exclusively to full CAS exceeding $500,000. This would coverage. Therefore, the application of constitute the definition of modified modified CAS coverage to an individual CAS coverage. contract or subcontract will be In addition, the Board proposed in the determined without reference to the ANPRM, and has retained in this NPRM triggering contract mechanism the elimination of the alternative "10 applicable to full CAS coverage. Public percent or more" sales test criterion for comments are invited concerning this the initiation of full CAS coverage. The aspect of the Board's proposal. Board has taken this step in order to D. Additional Considerations clarify and simplify the, rules with respect to the initiation of full CAS In the past several months, certain coverage. The elimination of the percent information has come to the Board's of sales test precludes the possibility attention, that would seem to indicate a that two contractors with the same potential need for redefining the amount of covered contracts would be concept of modified CAS coverage. subject to two different levels of Based on this information, the Board is concerned that some government coverage. The approach to the issue of full and contractors, particularly those who do modified CAS coverage that is being work for certain civilian procurement proposed by the Board seeks to balance agencies, may be including specifically cost versus benefits through an identifiable unallowable costs in adjustment in CAS thresholds that indirect cost pools which are reflected would extend the applicability of a in the billings submitted to, and newly proposed definition of modified reimbursements received from, Federal CAS coverage, while proposing higher Government contracting agencies. cumulative contract dollar value Conformance with the requirements of thresholds applicable for so-called full CAS 405 would restrict such a practice. Therefore, the Board is proposing to add CAS coverage. Finally, and quite importantly, the GAS 405 to the current modified CAS Board has determined that the coverage requirements. In the Board's exemption paragraph appearing at view, it is fundamental that Government § 9904.201-1(b)(15) should be expanded contractors, engaged in cost-based to eliminate the requirement for a contracting, be able to comply with this separate Cost Accounting Standards basic cost accounting concept in the Board waiver in circumstances where pricing and administration of contracts the relevant procuring agency has of any dollar value. In addition, the determined to waive the requirement for Board has determined that the inclusion submission of certified cost or pricing of CAS 406, "Cost Accounting Period," data. The Board believes that adequate in the coverage criteria for modified safeguards exist within the procuring CAS will significantly reduce the agencies with respect to this issue so as opportunity for selection of inconsistent to preclude the need for the approval of cost accounting periods with respect to individual CAS contract waivers by the the costing and pricing of contracts. The Board. The elimination of this Board believes that the principle requirement should significantly ease#
Attachment 1, passage 36Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules 18365 the administrative burdens (for both the Government and contractors/ subcontractors) associated with obtaining CAS coverage exemptions in those instances where the agency has already waived the requirements of the, -Truth in Negotiations Act. Allan V. Burman, Administrator for Federal Procurement Policy and Chairman, Cost Accounting Standards Board. [FR Doc. 93-8298 Filed 4-8-93; 8:45 am] BILLING CODE 3110-01-M DEPARTMENT OF COMMERCE National Oceanic Atmospheric Administration 50 CFR Part 625 Summer Flounder Fishery AGENCY: National Marine Fisheries Service (NMFS), NOAA, Commerce. ACTION: Notice of availability of a fishery management plan amendment and request for comments. SUMMARY: NMFS issues this notice that the Mid-Atlantic Fishery Management Council (Council) has submitted Amendment 3 to the Fishery Management Plan for the Summer Flounder Fishery (FMP) for Secretarial review and is requesting comments from the public. Copies of the amendment may be obtained from the address below. DATES: Comments on Amendment 3 must be received on or before June 4, 1993. ADDRESSES: All comments may be sent to Richard B. Roe, Director, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930-3799. Copies of Amendment 3 and the environmental assessment/regulatory impact review may be obtained from John C. Bryson, Executive Director, Mid-Atlantic Fishery Management Council, room 2115, Federal Building, 300 S. New Street, Dover, DE 19001-6790. FOR FURTHER INFORMATION CONTACT: Kathi L. Rodrigues, 508-281-9324. SUPPLEMENTARY INFORMATION: The Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) (Magnuson Act) requires each regional fishery management council to submit any fishery management plan or plan amendment it prepares to the Secretary of Commerce (Secretary) for review and approval or disapproval. The Magnuson Act also requires the Secretary, upon receiving the plan or amendment, to immediately publish a notice that the plan or amendment is available for public review and comment. The Secretary will consider the public comments in determining whether to approve the plan or amendment. The proposed amendment would provide that otter trawl vessels having Federal summer flounder permits and operating between November 1 through April 30, must fish with 5.5 inch (14.0 cm) minimum diamond mesh or 6 inch (15.2 cm) minimum square mesh applied throughout the tail bag, in order to possess 200 or more pounds (90.8 or more kg) of summer flounder. Vessels possessing less than 200 pounds (less than 90.8 kg) of summer flounder are exempt from the mesh size requirement during the period November 1 through April 30. For the remaining months, May 1 through October 31, vessels possessing 100 or more pounds (45.4 or more kg) of summer flounder would be subject to the mesh requirement and those possessing less than 100 pounds (less than 45.4 kg) would be exempt. The second measure concerns the boundary line of the exemption area where vessels may fish with less than the minimum sized mesh in a limited area during the period November 1 through April 30, provided an exemption permit is on board. The established boundary line for the area would become a straight exemption line at 72030 ' W. longitude. The rule would also provide a framework mechanism to adjust the location of the line, or the length of the exemption season to prevent unnecessary discarding of summer flounder, to the extent possible. Regulations proposed by the Council to implement this amendment are scheduled to be published within 15 days. List of Subjects in 50 CFR Part 625 Fisheries, Reporting and recordkeeping requirements. Dated: April 5, 1993. David S. Crestin, Acting Director, Office of Fisheries Conservation and Management, National Marine Fisheries Service. [FR Doc. 93-8324 Filed 4-6-93; 8:45 am) - BILUNG CODE W10-22-M#
Attachment 1, passage 3718366 Notices Federal Regster Vol. 58, No. 67 Friday, April 9, 1993 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 lunctions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. 90-108-3] Medfly Cooperative Eradication Program Draft Environmental Impact Statement AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice. SUMMARY: We are advising the public that the Animal and Plant Health Inspection Service has prepared a draft environmental impact statement for the Medfly Cooperative Eradication Program. This document analyzes potential environmental effects of a program to eradicate the Mediterranean fruit fly from the U.S. mainland. We are requesting public comments on the draft environmental impact statement. DATES: Consideration will be given only to comments received on or before May 24, 1993. ADDRESSES: Please send an original and three copies of your comments to Mr. Harold T. Smith, Branch Chief, Environmental Analysis and Documentation, BBEP, APHIS, USDA. room 543, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please state that your comments refer to Docket No. 90-108-3. Comments received may be inspected at USDA, room 1141, South Building, 14th Street and Independence Avenue, SW., Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to inspect comments are encouraged to call ahead on (202) 690-2817 to facilitate entry into the comment reading room. Copies of the draft environmental impact statement are available for review between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays at the following locations: APHIS Reading Room, room 1141, South Building, 14th Street and Independence Avenue, SW., Washington, DC 20250; USDA-APHIS Library, room G180, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782; USDA-APHIS-PPQ, 9580 Micron Avenue, Suite I, Sacramento, CA 95827; USDA-APHIS-PPQ 3505 Boca Chica Boulevard, Suite 360, Brownsville, TX 78521-4065; USDA-APHIS--PPQ 3505 25th Avenue, Building 1, North, Gulfport, MS 39501; USDA-APHIS-PPQ, Blason II, 1st Floor, 505 South Lenola Road, Moorestown, NJ 08057. Interested persons may obtain a copy of the draft environmental impact statement by writing to any of the last four addresses listed above (those beginning with "USDA-APHIS-PPQ") or to the address listed below under "FOR FURTHER INFORMATION CONTACT." FOR FURTHER INFORMATION CONTACT: Mr. Harold T. Smith, Branch Chief, Environmental Analysis and Documentation, BBEP, APHIS, USDA, room 543, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8963. SUPPLEMENTARY INFORMATION: Background The Animal and Plant Health Inspection Service (APMIS), in cooperation with 12 other Federal and State organizations, has prepared a draft environmental impact statement for the Medfly Cooperative Eradication Program. Copies of this document were filed with the U.S. Environmental Protection Agency (EPA) on March 30, ,1993, pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(c)), and the EPA Notice of Availability is published in the Notices section of today's Federal Register. We published a notice of intent to prepare an environmental impact statement in the Federal Register on June 22, 1990 (55 FR 25681-25682, Docket No. 90-108). This notice requested comments from the public concerning issues that should be addressed in the environmental impact statement. Comments were to be received on or before August 21, 1990. We published a notice of public meetings and extension of the comment period in the Federal Register on July 27, 1990 (55 FR 30730-30731, Docket No. 90-137). As a result, formal scoping for the environmental impact statement was held between June 22 and 'November 9, 1990. Major Issues The comments received from the public helped us to determine the principal focus of the draft environmental impact statement. The document analyzes the following broad alternatives: (1) No action; (2) Medfly suppression including the use of chemicals; (3) Medfly suppression without the use of chemicals; (4) Medfly eradication including the use of chemicals; and (5) Medfly eradication without the use of chemicals. The draft environmental impact statement focuses on the potential environmental consequences of chemical controls, especially the use of malathion with protein bait, and their alternatives. The draft environmental impact statement is now available for review and comment. We are seeking input from members of the public, government agencies, and private industry. Preparation of the Final Environmental Impact Statement APHIS will consider all comments received by the close of the comment period in the development of the final environmental impact statement for the Medfly Cooperative Eradication Program. A notice announcing the availability of the final document will be published in a subsequent Federal Register notice. This notice is issued in accordance with: (1) NEPA (42 U.S.C. 4321 et seq.), (2) Regulations of the Council on Environmental Quality for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), (3) USDA Regulations Implementing NEPA (7 CFR part 1b), and (4) APHIS Guidelines Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-51274, August 31, 1979). Done in Washington, DC, this 5th day of April 1993. Lonnie J. King, Acting Administrator, Animal and Plant Health Inspection Service. [FR Dec. 93-8379 Filed 4-8-93; 8:45 am] "BSILUNG CODE 3410-34-P#
Attachment 1, passage 38Packers and Stockyards Administration Deposting of Stockyards Notice is hereby given, that the livestock markets named herein, originally posted on the dates specified below as being subject to the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.), no longer come within the definition of a stockyard under the Act and are therefore, no longer subject to the provisions of the Act. Facilit No., name, and Date of posting location of stockyard AL-140-Capital Stock- September 30, yard, Inc., Montgom- 1946. ery, Alabama. This notice is in the nature of a change relieving a restriction and, thus, may be made effective in less than 30 days after publication in the Federal Register without prior notice or other public procedure. This notice is given pursuant to section 302 of the Packers and Stockyards Act(7 U.S.C. 202) and is effective upon publication in the Federal Register. Done at Washington, DC this 5th day of April, 1993. Harold W. Davis, Director, Livestock Marketing Division. [FR Doc. 93-8302 Filed 4-8-93; 8:45 am] BIUNG CODE 3210-KD-P Posting of Stockyards Pursuant to the authority provided under section 302 of the Packers and Stockyards Act (7 U.S.C. 202), it was ascertained that the livestock markets named below are stockyards as defined by section 302(a). Notice was given to the stockyard owners and to the public as required by section 302(b), by posting notices at the stockyards on the dates specified below, that the stockyards are subject to the provisions of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.). Facility No., name, and location of stockyard Date of posting MS-166-Granger Trad- February 21, Ing Bam, Hazlehurst, 1993. Mississippi. Done at Washington, DC this 5th day of April, 1993. Harold W. Davis, Director, Livestock Marketing Division, Packers and Stockyards Administration., [FR Doc. 93-8301 Filed 4-8-93; 8:45 aml INLIUNG CODE 3410-K" Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18367 Proposed Posting of Stockyards The Packers and Stockyards Administration, United States Department of Agriculture, has Information that the livestock markets named below are stockyards as defined in Section 302 of the Packers and Stockyards Act (7 U.S.C. 202), and should be made subject to the provisions of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.). AR-169 London Auction Barn, London, Arkansas MN-190 Wayne Pike Auction Company, Princeton, Minnesota MO-275 MO-KAN Livestock Market, Passaic, Missouri NC-164 Asheville Horse Sale, Asheville, North Carolina TN-189 Middle Tennessee Horse Sales, Decherd, Tennessee WI-141 Tim Nolan Arena, Marion, Wisconsin Pursuant to the authority under section 302 of the Packers and Stockyards Act, notice is hereby given that it is proposed to designate the stockyards named above as posted stockyards subject to the provisions of said Act. Any person who wishes to submit written data, views or arguments concerning the proposed designation may do so by filing them with the Director, Livestock Marketing Division, Packers and Stockyards Administration, room 3408-South Building, U.S. Department of Agriculture, Washington, DC 20250 by April 20, 1993. All writter submissions made pursuant to this notice will be made available for public inspection in the office of the Director of the Livestock Marketing Division during normal business hours. Done at Washington, DC this 5th day of April, 1993 Harold W. Davis, Director, Livestock Marketing Division. [FR Doc. 93-8300 Filed 4-8-93; 8:45 am] SILUNO CODE 3410-D-P DEPARTMENT OF COMMERCE Agency Form Under Review by the Office of Management and Budget DOC has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). Agency: Bureau of the Census. Title: Monthly Wholesale Trade Survey. Form Number(s): B-310. Agency Approval Number: 0607- 0190. Type of Request: Extension of the expiration date of a currently approved collection without any change in the substance or in the method of collection. Burden: 6,150 hours. Number of Respondents: 5,985. Avg Hours Per Response: 10 minutes. Needs and Uses: The Bureau of the Census conducts the Monthly Wholesale Trade Survey to obtain sales and inventory data from a sample of merchant wholesalers. From the data we gather, we produce statistics on wholesale sales, end-of-month inventories, methods of inventory valuation, and stock/sales ratios. The Bureau of Economic Analysis uses these statistics in its calculations of the Gross Domestic Product (GDP) and to improve the reliability of inventory adjustments applied In the quarterly GDP estimates. The Bureau of Labor Statistics uses these statistics as input to its Producer Price Indexes and in developing productivity measurements. Other government agencies and businesses use these statistics for planning and development and to gauge the current trends of the economy. Current data on wholesale trade also enable us to make comparisons with the five-year wholesale census data. Affected Public: Businesses or other for-profit organizations. Frequency: Monthly. Respondent's Obligation: Voluntary. OMB Desk Officer: Maria Gonzalez, (202) 395-7313. Copies of the above information collection proposal can be obtained by calling or writing Edward Michals, DOC Forms Clearance Officer, (202) 482- 3271, Department of Commerce, room 5312, 14th and Constitution Avenue, NW., Washington, DC 20230. Written comments and recommendations for the proposed information collection should be sent to Maria Gonzalez, OMB Desk Officer, room 3208, New Executive Office Building, Washington, DC 20503. Dated: April 5, 1993. Edward Michals, Departmental Forms Clearance Officer, Office of Management and Organization. [FR Dec. 93-8339 Filed 4-8-93; 8.5 am] BUJNG CODE S5lO-0T-F#
Attachment 1, passage 3918368 Federal Register / Vol. 58, No. 67 1 Friday, April 9. 1993 / Notices Bureau of Export Administration Telecommunlcatlonh Equipment Technical Advisory Committee; Partially Closed Meeting A meeting of the Telecommunications Equipment Technical Advisory Committee will be held May 4, 1993, 9:30 a.m., in the Herbert C. Hoover Building, room 1617M(2), 14th & Pennsylvania Avenue, NW., Washington, DC. The Committee advises the Office of Technology and Policy Analysis on technical questions that affect the level of export controls applicable to telecommunications and related equipment and technology. Agenda General Session 1. Opening remarks by the Chairman. 2. Approval of minutes. 3. Presentation of papers or comments by the public. 4. Other business. Executive Session 5. Discussion of matters properly classified under Executive Order 12356, dealing with the U.S. and COCOM control program and strategic criteria related thereto. The General Session of the meeting will be open to the public and a limited number of seats will be available. To the extent that time permits, members of the public may present oral statements to the Committee. Written statements may be submitted at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials two weeks prior to the meeting date to the following address: Lee Ann Carpenter, TAC Unit, ODAS/ EA/BXA, room 1621, U.S. Department of Commerce; Washington, DC 20230. The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on February 5, 1992, pursuant to section 10(d) of the Federal Advisory Committee Act, as amended. that the series of meetings of the Committee and of any Subcommittees thereof, dealing with the classified materials listed in 5 U.S.C., 552b(c)(1) shall be exempt from the provisions relating to public meetings found in section 1o(a)(1) and (a)(3), of the Federal Advisory Committee Act. The remaining series of meetings or portions thereof will be open to the public. A copy Mthe Notice of Determination to close meetings or portions of meetings of the Committee is available for public inspection and copying in the Central Reference and Records Inspection Facility, room 6020, U.S. Department of Commerce, Washington, DC 20230. For further information or copies of the minutes, contact Lee Ann Carpenter on (202) 482-2583. Dated: April 6, 1993. Lee Ann Carpenter, Acting Director, Technical Advisory Committee Unit. [FR Doc. 93-8402 Filed 4-8-93; 8:45 am] BILLING CODE 361S-DT-M [Docket No*. 2103-01,2103-04,2103-05, 2103-05, 2103-04] Peter Burger, at al.; Final Decilion and Order In the matter of Peter Burger, individually and as agent for both International Business Connections and Helling KG, and Helling KG and International Business Connections, Respondents. On February 20, 1992, the Office of Export Enforcement, Bureau of Export Administration, United States Department of Commerce (Department) issued separate charging letters against Peter Burger, individually and as agent for Helling KG (Helling) and International Business Connections (IBC), and against Helling and IBC. under the authority of the Export Administration Act of 1979, as amended (50 U.S.C.A. app. 2401-2420 (1991 and Supp. 1992)) (the Act), and the Export Administration Regulations (currently codified at 15 CFR parts 768-799 (1992)) (the Regulations).' Respondents received the charging letters, which were sent by registered mail, and service thereof was effected on February 26, 1992. The charging letters accused the Respondents of engaging in two conspiracies to acquire commodities controlled under section 5 of the Act for reasons of national security. The first conspiracy involved the acquisition of 60 U.S.-origin Tektronix workstations in Malaysia, and their subsequent reexport from Malaysia, by Goh Sian Lake (Goh). Goh is alleged to have made "false and misleading statements regarding the intended end-use and end-user of the workstations to the Malaysian distributor for the U.S. manufacturer". Goh then allegedly reexported the workstations from Malaysia without the required authorization from the Department. I The Act expired on September 30, 1990. Executive Order 12730 (5S FR 40373. October 2, 1990) continued the Regulatlon in effect under the International Emergency Economic Powers Act (50 U.S.C.A. 1701-1706 (1991)). The Respondents are also alleged to have conspired to acquire and export a Proquip rigid disk certifier and Tektronix color graphic workstations from the United States In violation of the Regulations. The Respondents, along with other co-conspirators, are alleged to have filed an application for a validated export license that falsely identified the intended end-user; exported a Tektronix color graphics workstation to Hong Kong without the required validated license; and applied for a validated export license to ship the Proquip rigid disk certifier to Canada while intending to ship the equipment to Malaysia. For allegedly having caused violations of the Regulations, having conspired to act in violation of the Regulations, and having acted with knowledge of such violations in furtherance of the above conspiracies, the Respondents were charged with violating §§ 787.2, 787.3(a), 787.3(b), 787.4(a), 787.5(a), and 787.6 of the regulations. On February 24, 1993, the Administrative Law Judge (ALJ) entered a Recommended Decision in the consolidated case against the Respondents. The ALJ concluded that the Respondents have each committed eight violations of the Regulations as alleged by the Department. The ALI recommends that each of the Respondents be denied export privileges for a period of twenty years. For the reasons below, I affirm the ALJ's Recommended Decision. Pursuant to § 788.7 of the Regulations, a respondent must answer a charging letter within 30 days after service. The date of service of a charging letter Is, in turn, "the date of its delivery, or its attempted delivery if delivery is refused." 15 CFR 788.4(d). In this case, agency counsel sent separate charging letters to the Respondents by registered mail. Delivery, or attempted delivery, of the charging letters was made on each Respondent on February 26, 1992. Having thus been duly served, the Respondents were required to answer the charging letters within 30 days thereafter. Respondents Burger and IBC failed to do so and were found in default by the ALJ. Order, April 6, 1992. Respondent Helling, through counsel, answered the charging letter against it on March 20, 1992. However, Helling thereafter failed to meet the schedule established by the AL to file testimony, exhibits and briefs of issues. In addition, Helling also failed to respond to agency counsel's First Request for Admissions of Fact, for Productions of Documents and Interrogatories. According to § 788.9(b) of the Regulations, "Matters of fact or law of which admission is#
Attachment 1, passage 40Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18369 requested shall be deemed admitted unless * * * the party to whom the request is directed serves upon the requesting party a sworn statement * * * denying specifically the matters of which admission is requested". Accordingly, the ALJ correctly granted agency counsel's motion that all facts for which admission was sought be deemed to be true. The Regulations expressly authorize denial of export privileges as a sanction which may be imposed upon a respondent who has been found to have violated the Act, the Regulations, or any order license or other authorization issued under the Act. 15 CFR 788.3(a). Based on the evidence submitted by agency counsel and on the above admissions of fact, the ALJ found Respondent Hailing to have violated the Regulations as alleged by the Department. Similarly, Respondents Burger and IBC having been found in default. "Any order so issued shall have the same force and effect as an order issued -following the disposition of contested charges." 15 CFR 788.8(a). Therefore, the order recommended by the ALJ is, in all respects, appropriate. The Regulations require allparties to respond within twelve days after receipt of the Recommended Decision. 15 CFR 788.23(b). On March 8, 1993, agency counsel filed an initial submission supporting the Recommended Decision. Respondents Burger, Helling and IBC have not responded. Accordingly, I hereby affirm .the Recommended Decision. Therefore, It Is Ordered: 1. For a period of twenty years from the date of this final action by the United States Department of Commerce, Respondents Peter Burger, individually and as agent for Helling KG, 54 Sylvesteralle 2, 2000 Hamburg 54, Germany and International Business Connections, 11 rue Aldringen, 1-2960 Luxembourg, Luxembourg, and Helling KG, 54 Sylvesteralle 2, 2000 Hamburg 54, Germany and International Business Connections, 11 rue Aldringen, 1-2960 Luxembourg, Luxembourg and all successors, assignees, officers, partners, representatives, agents, and employees of each of the above Respondents hereby are denied all privileges of participating, directly or indirectly, in any manner or capacity, in any transaction involving commodities or technical data exported from the United States in whole or in part. or to be exported, or that are otherwise subject to the Regulations. 2. Participation prohibited in any such transaction, either in the United States or abroad, shall include, but not be limited to. participation: (i) As a party or as a representative of a party to a validated export license application; (ii) In preparing or filing any export license application or request for reexport authorization, or any document to be submitted therewith; (iii) In obtaining or using any validated or general export license or other export control document; (iv) In carrying on negotiations with respect to, or in receiving, ordering, buying, selling delivering, storing, using or disposing of, in whole or in part, any commodities or technical data exported from the United States, or to be exported; and (v) In the financing, forwarding, transporting, or other servicing of such commodities or technical data. Such denial of export privileges shall extend to those commodities and technical data which are subject to the Act and the Regulations. 3. After notice and opportunity for comment, such denial of export privileges may be made applicable to any person, firm, corporation, or business organization with which any of the Respondents is now or hereafter may be related by affiliation, ownership, control, position of responsibility, or other connection in the conduct of trade or related services. 4. All outstanding individual validated export licenses in which the respective Respondents appear or participate, in any manner or capacity, are hereby revoked and shall be returned forthwith to the Office of Export Licensing for cancellation. Further, all of Respondents' privileges of participating, in any manner or capacity, in any special licensing procedure, including, but not limited to, distribution licenses, are hereby revoked. 5. No person, firm, corporation, partnership, or other business organization, whether in the United States or elsewhere, without prior disclosure to and specific authorization from the Office of Export Licensing, shall, with respect to commodities and technical data, do any of the following acts, directly or indirectly, or carry on negotiations with respect thereto, in any manner or capacity, on behalf of or in any association with any of these Respondents or any related person, or whereby any Respondent or any related person may obtain any benefit therefrom or have any interest or participation therein, directly or indirectly: (i) Apply for, obtain, transfer, or use any license, Shipper's Export Declaration, bill of lading, or other export control document relating to any export, reexport, transshipment, or diversion of any commodity or technical data exported in whole or in part, or to be exported by, to, or for any of the Respondents or related persons denied export privileges, or (ii) Order, buy, receive, use, sell, deliver, store, dispose of, forward, transport, finance or otherwise service or participate in any export, reexport, transshipment or diversion of any commodity or technical data exported or to be exported from the United States. This Final Decision and Order shall constitute the Department's final action in this proceeding pursuant to the Act (50 U.S.C.A. § 2412(c)(1)). A copy of this Final Decision and Order shall be served upon each Respondent and published in the Federal Register. Dated: March 25, 1993. Robert F. Kugelman, Acting Under Secretary for Export Administration. Department of Commerce, Office of Administrative Law Judge, Suite 4017, Washington, DC 20230 Recommended Decision In the matter of: Peter Burger, individually and as agent for both International Business Connections and Helling KG and Helling KG add International Business Connections, Respondents. Docket Nos. 2103-01, 2103-04, 2103-05, 2103-05, 2103-04. Appearance for Respondent Helling KG: Wolfram Westphal, Esq., Westphal- Feseker-Breutigam, Grimm 8, 2000 Hamburg 11, Germany; Mr. Peter Burger, individually and as agent for both International Business Connections, 11 rue Aldringen, L-2960 Luxembourg, Luxembourg, and Helling KG, 54 Sylvesterallee 2, 2000 Hamburg 54, Germany. Appearance for Agency: Thomas C. Barbour, Esq., Office of Chief Counsel for Export Administration, U.S. Department of Commerce, Room H- 3839, 14th & Constitution Ave., NW, - Washington, DC 20230. Preliminary Statement On February 20, 1992, the Office of Export Enforcement, United States Department of Commerce (the Department or Agency) issued separate charging letters against Peter Burger, individually and as agent for Helling KG (Helling) and International Business Connections (IBC) (hereby collectively#
Attachment 1, passage 4118370 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices referred to as Burger); and against Helling and IBC, 1 under the authority of the Export Administration Act of 1979 (50 U.S.C.A. app. 2401-2420), as amended (the Act), and the Export Administration Regulations (the Regulations). 2 These charging letters collectively allege: That between approximately November 6, 1987, and April 7, 1988, Burger, individually, and in his capacity as agent for both Hailing and IBC; and Helling and IBC, respectively in their own right, conspired with Goh Sian Lake, also known as Alex Goh (Gob),3 individually and doing business as Cheras Plaza Sdn. Bhd., Kuala Lumpur, Malaysia, to acquire 60 U.S.-origin Tektronix workstations In Malaysia by misrepresenting the end-use and the end-user of the workstations to the Malaysian distributor for the U.S. Manufacturer; that Goh, accordingly, obtained the workstations by the conduct described above: and that Goh, in accordance with instructions received from Burger, was instrumental in the reexport of these workstations from Malaysia without obtaining from the Department the prerequisite reexport authorization that he knew, or I Copies of the charging letters against Burger should have known, was required by were sent to him by registered mail both in care of § 774.1 of the Regulations. Therefor, for Heiling, Hamburg, in the then-Federal Republic of conspiring with Gob to violate the Act Germany (FDR), and in care of IC. Luxembourg . and were delivered at both addresses on February and the Regulations, Burger, Helling and 26, 1992. As established by Agency counsel, the BC each violated § 787.3(a) of the charging letter sent to Burger at Helling was twice Regulations. That in connection with the above returned to the Department, first, accompanied by Helling's March 12, 1992, answer to the charging letter against itself and. next, by an April 22, 1992, letter. Collectively. both documents proclaimed that Burger never had been an employee or agent of Helling, that Helling never was connected with Burger, that Hailing did not know Burger or his address, and that the envelope sent to him in care of Helling had been opened by mistake. By similar correspondence, dated March 9, 1992, IBC also returned to the Department the charging letters issued against it and Burger on the ground that the charges against IBC and the related enclosures were not applicable and could not be accepted. Noting that uncontradicted evidence submitted by Agency Counsel confirms that Burger, in fact, has served herein as agent for both of those companies; that IBC basically served as a front for Helling; that Section 788.4(d) of the Regulations provides that the date of service of a charging letter shall be the date of its delivery, or attempted delivery, if service is refused; and that unlike Switzerland, the rules applicable in Germany and Luxembourg concerning the types of service permissible in administrative proceedings brought from abroad do not preclude the type of service made herein, I agree with Agency counsel that Burger was duly served as of February 26. 1992, with copies of the charging letters in this proceeding by the posting of same to these two companies, as his principals, in the manner indicated. I further find, consistent with Section 788.4(d) of the Regulations, above, that separate service of the appropriate charging letter also duly was made upon IBC at that company's Luxembourg address, although it has declined to accept same. Although Helling. as noted, twice returned the charging letter sent to Burger in care of its address. Helling did accept service of the charging letter against itself and, ultimately, answered the allegations contained therein. Accordingly, the validity of the charging letter issued against Hailing is not in dispute. 2 The Act expired on September 30, 1990. Executive Order 12730 (55 FR 40373, October 2, 1990) invoked the International Emergency Economic Powers Act (50 U.S.C.A. 1701-1706 (1991)) (IEEPA), continuing in effect the Export Administration Regulations and to the extent permitted by law, the provisions of the Act. 3 Although a charging letter alleging his role in the matters alleged herein was sent to Goh on February 20, 1992. no proof of service of same has been submitted. On February 3, 1993, I issued an Order providing that, as of March 4, 1993, the conspiracy, on April 7, 1988, Burger was instrumental in the reexport of 60 U.S.-origin Tektronix workstations without obtaining from the Department the reexport authorization required by § 774.1 of the Regulations. By causing conduct prohibited by the Act and the Regulations, Burger, Helling and IBC are alleged to have violated § 787.2 of the Regulations. Further, by reexporting the workstations while knowing that such conduct was violative of the Act and/or the Regulations, Burger, Helling and IBC each violated § 787.4(b) of the Regulations. That between about August 31, 1988, and November 25, 1988, a second conspiracy occurred participated in by Goh,4 Burger, individually and as agent for Helling and IBC; Helling and IBC, in which these parties were joined and abetted by co-conspirators Ming Kit Hui, also known as Charles Hui, individually and doing business as Hunter Computer Systems, Limited, Hong Kong (herein collectively referred to as Hui); Emily Lim, also known as Lim Sook Poh, individually and doing business as Wellpool Corporation, Kuala Lumpur, Malaysia (herein collectively referred to as Wellpool); Perry Chen, individually and doing business as Dyna Computer, Inc., San Jose, California (herein collectively referred to as Chen); Kenneth Lam, an employee of Hunter; and Tok Peng Chua, also known as Douglas Chua, employed by both Hunter and Wellpool. The pupose of this later conspiracy was for Goh, as instructed by Burger, to obtain for Burger, IBC and Helling, a U.S.-origin ProQuip rigid disk certifier and Tektronix color graphic charging letter against Gob would be dismissed unless proof of service of same, or written representation of Imminent service by a date certain were filed on or before that return date. 4The Department did not allege that Goh acted through the company Cheres Plaza Sdn. Bhd. with respect to this conspiracy. workstations and to export those commodities contrary to the Regulations. It is charged that in carrying out this conspiracy, the above- named parties filed with the Department an application for a validated export license that contained false and misleading statements of material fact; attempted to export from the United States a ProQuip rigid disk certifier contrary to the Regulations; and exported a Tektronix workstation from the United States without the validated export license required by § 772.1 of the Regulations. By so conspiring to violate the Act and Regulations, including prescribed licensing requirements, Burger, Hailing and IBC each violated § 787.3(b) of the Regulations. That, in furtherance of the second alleged conspiracy, on about November 9, 1988, the conspirators submitted to the Department an application for a validated export license to export a ProQuip rigid disk certifier to Wellpool in Malaysia, which application, also signed by Lim as Wellpool's Managing Director, falsely represented that Wellpool was the end-user of the equipment when, in fact, it was not. In so doing, Burger, Helling and IBC each violated § 787.5(a) of the Regulations by making false and misleading statements of material fact to a United States agency in connection with the preparation, submission or use of an export control document. That as part of the above second conspiracy, on about November 20, 1988, Kenneth Lam exported a Tektronix color graphics workstation from the United States to Hong Kong without obtaining from the Department the validated export license required by § 772.1(b) of the Regulations. By exporting this workstation in a manner contrary to the Act and Regulations, Burger, Helling and IBC, as participants in the overall conspiracy, each violated § 787.6 of the Regulations. That, on about November 25, 1988, also in furtherance of the second conspiracy, Burger, Hailing and IBC each violated § 787.3(a) of the Regulations when Chen, aided by Chua, made effort to violate the Act and Regulations by attempting to export the ProQuip equipment to Canada while knowing that the equipment was intended for immediate reexport from Canada and that the Department had denied their previously-filed application for a validated export license to ship such equipment from the United States to Wellpool in Malaysia. In addition, because their co- conspirators also had purchased and transported that equipment while knowing that to do so was violative of#
Attachment 1, passage 42Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18371 the Act and Regulations, Burger, Helling and IBC each violated § 787.4(a) of the Regulations. On March 20, 1992, Helling, by counsel, filed its answer generally denying the allegations of the charging letter against itself and the commission of unlawful conduct. Helling, however, did not thereafter request hearing and, unlike Agency Counsel, did not comply with the revised schedule set forth in Administrative Law Judge Hugh J. Dolan's May 5, 1992, Order, issued pursuant to § 788.14 of the Regulations which, among other things, established August 5, 1992, as the date by which Helling was required to file testimony, exhibits and briefs of issues. Judge Dolan's Order also set August 25 as the date when the record in this matter would be closed for decision. On July 13, 1992, Agency Counsel timely filed his submission and supporting evidence directed primarily as to Helling, which stands uncontradicted in the record.5 On April 6, 1992, Judge Dolan issued Orders with respect to the various alleged conspirators named herein where, inter alia, he found that Burger and IBC were in default with respect to the above alleged violations because of their respective failure to file answers, acknowledgments or other relevant submissions, and directed that Agency counsel, on or before May 6, 1992, file a submission indicating service of the charging letters upon the Respondents, and proposing sanctions, with the justification therefor. This Decision, in large part, follows Agency Counsel's 5On July 23, 1992, counsel for Hailing, in response to Agency Counsel's June 11. 1992, First Request for Admissions of Fact, For Production of Documents and Interrogatories, sent the Department a letter essentially indicating that, because of the language barrier, neither Hellin " nor its legal representatives could understand the details of the request so as to be able to respond in proper form. Helling's counsel requested that they be provided with a German translation of the June 11 document. while this assertion of language difficulty does not seem credible since the same attorney had been able to submit the March 20 answer to the charging letter against his client in serviceable English. the point is of no legal consequence. As § 768.7(e) of the Regulations requires that "(t]he answer, and all other documentary evidence, must be submitted in English or translations into English must be filed at the same time." it is Hailing's responsibility, in communicating with the Department concerning this matter, to triumph over the asserted language barrier. In this regard, since no response has been received to Agency Counsel's June 11 discovery requests, I grant his motion that all facts for which admission was sought be deemed to be true. United States v. Kasuboski, 834 F. 2d 1345,1349 (C.A.7, 1987). citing rule 36(a) of the Federal Rules of Civil Procedure. Accordingly, these will be included in the section of this Decision entitled "Facts." It should be noted that, in United States v. Kasuboskj. supra, at 1350, the U.S. Court of Appeals held that "(admlsslons made under Rule 36. even default admissions, can serve as the factual predicate for. sura y jument" under Fed. I Civ. P. Section 38(c). able May 6 and July 13 submissions, including the uncontradicted evidentiary exhibits presented therewith. By Order, dated February 12, 1993, 1 consolidated for further proceeding Cases Nos. 2103-01, 2103-04 and 2103- 05 involving, respectively, Burger, individually and as agent; IBC and Helling. Since, as with Goh, Agency Counsel has not established proof of service of the February 20, 1992, charging letters upon the other alleged co-conspirators named herein, the cases against them likewise have been pended*' for disposition consistent with my above February 3, 1993, Order, as described in footnote 3, above. Facts A. The First Conspiracy On October 22, 1987,8 Compuser Datentechnik GmbH (Compuser), Hamburg, Germany, ordered 60 workstations from Tektronix GmbH, the Hamburg-based German distributor for Tektronix Inc., Beaverton, Oregon, subsequently advising Tektronix on October 26 that the order was to be delivered to Helling KG at an address also in Hamburg. On October 27, Tektronix GmbH advised Compuser of an extension in the delivery date and that two new models could be substituted for the initially-ordered workstations.7 This letter also gave notice that the workstations were being purchased for resale and that the final recipient was not yet known. Tektronix, concerned about Helling's resale of the workstations to unknown end-users, attempted to conclude the transaction by using an individual validated license, rather than its distribution license. On November 25, Helling canceled the deal. However, on November 8, Goh, of Cheras Plaza Sdn. Bhd., Kuala Lumpur, o All dates hereinafter are within 1987 unless stated to be otherwise. 'In this period, and in the weeks that followed, a series of meetings were held in Europe and the United States concerning the order. Of particular significance was an October 27, 1987, meeting at Heiling's offices, attended by representatives of Tektronix. an official of Compuser, and at which Helling was represented by a Mr. Neisse. Neisse later was more fully identified in the record as Harald Neisse. chief of bookkeeping for Hailing and one of the three principals of EBC. The Tektronix memorandum describing that October 27 meeting indicated that it was at that meeting that Tektronix officials became aware that, while some of the ordered equipment might be used by Hailing for academic purposes at its Institute for Training and Continued Education, Hailing actually intended that most of the Tektronix equipment to be purchased would be for resale. The Tektronix' officials' subsequent difficulties in discovering to whom Hailing planned to resell its equipment -caused that manufactuer to become cautious in its approach to the transaction. Malaysia, placed an order with Sime Darby Systems, a Tektronix distributor in that city, for an order of Tektronix workstations identical to that which Compuser originally had given to Tektronix GmbH in Hamburg. As Agency Counsel indicates, it is particularly significant here that Cheras Plaza's banker, Compagnie Luxembourgeoise De La Dresdner Bank AG, in Luxembourg, as correspondence reveals, made payment pursuant to instructions received from IBC, and that the letter of credit for the transaction identified IBC as the applicant.e After further communications between Sime Darby and Goh, during which Goh represented that the Tektronix workstations were to be used in a Malaysian government project, the workstations were delivered to Goh in Malaysia in two separate shipments. On February 13 and March 19, 1988, respectively, Sime Derby sent two telexes in connection with these shipments to the Luxembourg bank requesting that the bank "advise the applicant International Business Co." of the shipment of the computers from the United States to Malaysia. In an interview with the Royal Malaysian Police, described in a September 27, 1989, letter from that organization to the U.S. Customs Attache, Singapore, Goh related that at the end of 1987, Peter Burger of IBC, "an old friend," had met with Goh in Kuala Lumpur and asked that Goh supply 50 Tektronix terminals, which Goh, accordingly, ordered from Sime Darby. When, the terminals arrived in Kuala Lumpur in late March 1988, Goh turned them over to Burger who reexported them. Goh told the police that he had acted only on commission, that the transaction was between Sime Darby and IBC, Luxembourg, and that, according to Burger, the purchasing had been done in Malaysia because it was cheaper. Agency Counsel argues that Goh's statement to the Malaysian Police, combined with his story to Sime Darby to convince that Company of the legitimacy of his order and IBC's role as applicant for the letter of credit used to finance the transaction and its continued interest in the transaction's progress, establish the existence of a conspiracy between Goh and Burger, as an agent of IBC, to obtain and to reexport controlled U.S.-origin goods without authorization from the Department. *Compagnie Luxembourgeolse is a wholly-owned subsidiary of Dresdner Bank AG, Frankfort. Germany. Dresdner Bank AG. Hamburg served as Helling's bank.#
Attachment 1, passage 4318372 8 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Agency Counsel also points out that Helling's involvement in this transaction was demonstrated in two ways. First, Helling had tried to obtain for unnamed end-users the same Tektronix workstations that Goh later was able to procure for Burger in Malaysia, and that Goh had engaged in the transaction with Sime Darby only after the failure of negotiations between Helling and Tektronix GmbH. Second, a Dun and Bradstreet Ltd. report prepared on International Business Connections SA (IBC. SA) identified that company's directors as Harold Neisse, Ingeborg Neisse and Nathanael Riess. That report also indicated that, although incorporated in 1985, IBC, SA, had no employees and little financing, while. the cost of the purchased workstations exceeded $1 million U.S. dollars. Additional information concerning Helling, submitted by Agency Counsel, reveals that Nathanael Riess is Helling's Managing Director: that Herald Neisse is chief of bookkeeping for Helling 9 and that he is married to.Ingeborg Neisse who was not otherwise connected to Helling. From the above evidence, Agency Counsel argues that Helling, having been unable to purchase the Tektronix workstations directly from that manufacturer because of its insistence on following the export licensing requirements, used IBC as a facade for Helling's officials in order to procure those same terminals, which are controlled for national security reasons, and that the submitted evidence establishes each of the unlawful acts alleged in the charging letters issued against Burger, Helling and IBC. B. The Second Conspiracy On September 6, 1988, ProQuip, Inc., Santa Clara, California, provided a series of price quotations for a ProQuip burnisher, glide tester, rigid disk certifier and other related equipment in response to a late August 1988 request by Charles Hui, Managing Director of Hunter Computer Systems, Inc., Hong Kong. On September 9, Hunter submitted to ProQuip a purchase order for the equipment. The above transaction was in line with a September 2, 1988, fax, which indicated on its face that it had been sent from "Helling KG Hamburg." By 9Harald Neisse was first identified above in connection with the original unsuccessful Hamburg transaction through his attendance at the October 27, 1987, meeting with Tektronix and Compuser officials where he appeared as Halling's representative. As indicated by Agency Counsel from the record. "Harald" is the German spelling for "Harold," as the latter was used in the list of IBC's principals. that document, Burger had sent instructions to Goh regarding payment for the ProQuip equipment and also provided technical specifications concerning three Tektronix workstations he wanted Goh to purchase. Agency Counsel emphasizes that, in this fax, Burger specified that payment for the final 70 percent balance to become due on the ProQuip items would be made after "arrival at final (unidentified) destination," The fax specified that "Direkt (sic) shipmentfro Hong Kong/ or New Territories accepted (by .eroflot)." On September 12, 1988, Goh originated the transfer of $68,144 (U.S.), representing a 25 percent downpayment for the ProQuip equipment, from the Hong Kong branch of the Dresdner Bank to ProQuip's account at the Bank of California. Additional documents regarding the ProQuip transaction establish that, on September 19, 1988, ProQuip communicated to Hunter that, if the goods were going to the People's Republic of China (PRC), then Wellpool Corporation, a Malaysian company, could not be the ultimate consignee for the equipment. ProQuip noted that if it applied for an export license with Wellpool as the ultimate consignee, Hunter would not be authorized to reexport the equipment to the PRC without written advance approval from the U.S. Government. Therefor, time could be saved by obtaining the PRC End-User Certificate at once so that the country of ultimate destination could be shown in ProQuip's application. Instead, Hunter obtained a Standard Form ITA-629P signed by Hui Ming Kut, Managing Director of Hunter, as the purchaser, and also signed, as ultimate consignee, by Emily Lim, SP, as Managing Director of Wellpool. In early November 1988, Hunter replaced ProQuip as the exporter of the ProQuip equipment with Dyna Computer, San Jose, California. According to a statement given by Kim Cheong Fung (also known as Sammy Fung) 10 on December 21 and 22, 1988, to special agents of the Department's Office of Export Enforcement, Hui had told him that the ProQuip equipment 10 Fung, employed at Hunter by Hui, actively represented that Company in this transaction both in Asia and in the United States. He arrived in California on November 4, 1988, having been sent there by Hui in the company of Tok Peng Chua, also known as Douglas Chua. an agent of Wellpool who had introduced Goh and Hui as business associates. Chua, too, thereafter played an active role on Hunter's behalf in promoting this transaction, serving also as an agent for Hunter. In dispatching Fung to the United States. Hui directed him that. while in this country, he always should refer to Chua as Alex Goh. would not be shipped directly to Malaysia by ProQuip, as immediate exporter, but rather that the equipment would go from ProQuip to Dyne Computer, and then to Malaysia. This was because ProQuip had advised that they had to have a PRC end-user's statement before they could apply for an export license. Hui had chosen Dyna Computer because he and Perry K. Chen, Dyne's president, were good friends and as everything that Hunter had been receiving from the United States was shipped by Dyna. On November 23, 1988, Dyna Computer was orally advised that its application for an export license for the equipment in question had been rejected. On a theory that it was easier to obtain a Canadian export license, Dyna Computer immediately attempted to export the equipment to Malaysia through Canada by sending the goods there through Colin Trading Company, Vancouver, British Columbia. Chua who, as noted, had brought Goh and Hui together and otherwise was active in promoting this transaction, and Colin Trading Company's president, Kia Sai Wee {afso known as Colin Ong), had been friends and business partners in Malaysia and Singapore years before. While discussions concerning the ProQuip equipment were in progress, Hunter also ordered from Dyna Computer Ihe three Tektronix workstations referenced in Burger's above September 2, 1988, fax to Goh. On November 20, 1988, Kenneth Lam, one of the two engineers hired by Hunter to train in the United States on the ProQuip equipment, carried one of the Tektronix workstations out of the United States without an export license.11 The Government's June 15, 1989, Complaint for Forfeiture, filed with the United States District Court, Northern District of California, alleged that, on about November 23, 1988, special agents of the U.S. Department of Commerce, in executing a search warrant at Dyna's premises, seized the remaining Tektronix equipment along with records indicating that Dyna had purchased the Tektronix equipment on Hunter's behalf and at Hunter's request. The special agents also seized a check in the amount of $22,000 (U.S.) written against Chua's account, Chua there being described as an agent of Wellpool. These funds were to repay Dyna Computer for the loan in I" As related by Fung in his statement, the two other Tektronix workstations were similarly to be taken out of the United States by Lawrence Chung, the other engineer hired by Hunter to be trained by ProQuip in the U.S., and Chung's wife, who had accompanied him. Chen, however, not having been paid for those units, would not release them.#
Attachment 1, passage 44Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18373 that amount to Hunter to enable Hunter to complete the purchase of the ProQuip equipment.1 2 The complaint further alleged that, on November 25, 1988, the ProQuip equipment was seized and two individuals were detained as they delivered the equipment and shipping documents to an undercover special agent at a freight shipper in San Bruno, California. These documents included a Shipper's Export Declaration in which Dyna Computer had declared that the ultimate consignee for the ProQuip equipment to be the Colin Trading Company. Rejecting a claim. later filed by Chua, the U.S. District Court, under Docket No. C 89 2081 WWS, granted forfeiture of the ProQuip equipment. Fung, in his above statement to the special agents, also referred to Burger and IBC in connection with the ProQuip transaction. When, in mid to late September 1988, the deposit for the equipment had been received, Hui told Fung that it had been sent from West Germany; that Hunter would buy the equipment for Goh and then send it to Malaysia, where Goh would claim it. Goh had told Fung that the West German company he worked for was IBC, headed by Peter Burger. Fung stated that he knew that IBC was in West Germany because when it was necessary to fax papers to that company, Hunter employees had to use the 049 code for that country. Fung also related that the money to buy the ProQuip equipment had been forwarded by telegraphic transfer from West Germany. Chua, too, in a November 25, 1988, statement to special agents, related that he had seen faxed correspondence between Hui and Helling, which he identified as a West German company. Chua stated that this had caused him to believe that the equipment ultimately would be sent to West Germany. C. Conclusions From Agency Counsel's evidence, noting particularly that the proofs submitted herein establish that IBC, applicant for the financing letter of credit, served merely as a front for Helling; that IBC director Harald Neisse, as Helling's representative, had met in October 1987 with officials of Tektronix and Compuser to give first notice that most of the Tektronix equipment Helling was purchasing would be reexported; that Goh, in his September 1989 statement, admitted to the Royal Malaysian Police with respect to the 12 In November 1988. Hunter had paid ProQuip the entire outstanding balance of $90,000, effectuated by two checks. One from Chua's account, and the other, in the amount of $22,000 drawn from Dyna's account. first conspiracy that he had obtained the Tektronix workstations at the request of Burger of IBC and that Burger had reexported them after receiving the equipment from Goh: 1 3 that the entire second conspiracy had involved obtaining, exporting, or attempting to export, the ProQuip and Tektronix equipment referenced in the September 1988 fax Burger had sent Goh from Helling's premises; and that Fung and Chua, in their respective statements to the authorities describing the second conspiracy, had implicated therein Burger, Helling. IBC and Goh, I find that, as alleged in the February 20, 1992, charging letters, that Peter Burger, individually, and as agent for Helling KG and International Business Connections, and that International Business Connections, respectively, each have committed one violation of § 787.2, one violation of § 787.3(a), two violations of § 787.3(b), two violations of § 787.4(a), and one violation of §§ 787.5(a) and 787.6 for a total of eight violations of the Regulations by each of these two Respondents. Each violation concerns commodities controlled for reasons of national security under section 5 of the Act. Also from Agency Counsel's uncontradicted evidence, having additionally found above that all facts for which admissions were sought in Agency Counsel's June 11, 1992, unanswered First Request for Admissions of Fact, for Production of Documents, and Interrogatories, be deemed true, I conclude that Helling KG, too, has committed a total of eight violations of the same above Regulations in exactly the same manner attributed to Burger and IBC in the immediately preceding paragraph of this Decision.14 13The evidence also shows that the type and quantity of the Tektronix equipment purchased for Burger by Goh corresponded to that which Helling had backed off from buying directlrfrom that manufacturer in Hamburg when Tektronix. concerned about the ultimate destination, insisted upon complying with the Regulations as they related to export licensing. 34 As indicated by Agency Counsel, Helling has a prior record of activities violative of both U.S. and German export laws. In a 1984 indictment returned in the U.S. District Court for the District of Colorado, Hailing KG and Nathanael Riess were charged with conspiracy and involvement in several exports of U.S.-origin commodities from the United States without the required validated export license. More conclusively, in 1987, Riess, on behalf of Hailing KG, confessed, apparently to German authorities and U.S. Customs officials In Bonn, FDR. that in early September 1987, he/ Hailing had obtained and, until prevented by the authorities, had attempted to ship a Hughes Aircraft radio cross section transmitter/receiver to the former Union of Soviet Socialist Republics (U.S.S.R). Riess/Helling had purchased this system by representing to Hughes that the actual buyer was the German Defense Department. For this nfraction, Halling was fined DM 400.000 and the Because of the seriousness of the violations here established, I accept Agency Counsel's recommendation that each of the Respondents herein be denied export privileges for twenty years and, accordingly, issue the following recommended: Order For a period of twenty years from the date of final action by the United States Department of Commerce, Respondents Peter Burger, individually and as agent for Helling KG, 54 Sylvesteralle 2, 2000 Hamburg 54, Germany, and as agent for International Business Connections, 11 rue Aldringen, L-2960 Luxembourg, Luxembourg, and Helling Kg, 54 Sylvesteralle 2, 2000 Hamburg 54, Germany, and International Business Connections, 11 rue Aldringen, L-2960 Luxembourg, Luxembourg, and all successors, assignees,"officers, partners, representatives, agents, and employees of each of the above Respondents hereby are denied all privileges of participating, directly or indirectly, in any manner or capacity, in any transaction involving commodities or technical data exported from the United States in whole or in part, or to be exported, or that are otherwise subject to the Regulations. I. Participation prohibited in any such transaction, either in the United States or abroad, shall include, but not be limited to, participation: (i) As a party or as a representative of a party to a validated or general export license application; (ii) In preparing or filing any export license application or request for reexport authorization, or any document to be submitted therewith; (iii) In obtaining or using any validated or general export license or other export control document; (iv) In carrying on negotiations with respect to, or in receiving, ordering, buying, selling, delivering, storing, using, or disposing of, in whole or in part, any commodities or technical data exported from the United States, or to be exported; and (v) In the financing, forwarding, transporting, or other servicing of such commodities or technical data. Such denial of export privileges shall extend to those commodities and technical data which are subject to the Act and the Regulations. equipment was destroyed. Later that month. Watkins-Johnson's West German subsidiary reported that Helling had contacted them for price quotes on two high-band electronic processors used in classified U.S. projects. The quotes were not provided. In the aforesaid confession. Riess admitted that he has had a close relationship with the U.S.S.R. for which he had served as a primary purchaser.#
Attachment 1, passage 4518374 Federal Register I VoL 58, No. 67 / Friday, April 9, 1993 / Notices II. After notice and opportunity for comment, such denial of export privileges may be made applicable to any person, firm, corporation, or business organization with which the Respondents are now or hereafter may be related by affiliation, ownership, control, position of responsibility, or other connection in the conduct of trade or related services. III. All outstanding individual validated export licenses in which the respective Respondents appear or participate, in any manner or capacity, are hereby revoked and shall be returned forthwith to the Office of Export Licensing for cancellation. Further, all of Respondents' privileges of participating, in any manner or capacity, in any special licensing procedure, including, but not limited to, distribution licenses, are hereby revoked. IV. No person, firm, corporation, partnership, or other business organization, whether in the United States or elsewhere, without prior disclosure to and specific authorization from the Office of Export Licensing, shall, with respect to commodities and technical data, do any of the following acts, directly or indirectly, or carry on. negotiations with respect thereto, in any manner or capacity, on behalf of or in any association with any of these Respondents or any related'person, or whereby any Respondent or any related person may obtain any benefit therefore or have any interest or participation therein, directly or indirectly: (i) Apply for, obtain, transfer, or use any license, Shipper's Export Declaration, bill of lading, or other export control document relating to any export, reexport, transshipment, or diversion of any commodity or technical data exported in whole or in part, or to be exported by, to, or for any of the Respondents or related persons denied export privileges, or (ii) order, buy, receive, use, sell, deliver, store, dispose of, forward, transport, finance or otherwise service or participate in any export, reexport, transshipment or diversion of any commodity or technical data exported or to be exported from the United States. . V. This Order as affirmed or modified shall become effective upon entry of the Secretary's final action in this proceeding pursuant to the Act (50 U.S.C.A. app. 2412(c)(1)). Dated: February 24, 1993. Robert M. Schwarzbart, Administrative Law Judge. To be considered In the 30 day statutory review process which is mandated by section 13(c) of the Act, submissions must be received in the Office of the Under Secretary for Export Administration, U.S. Department of Commerce, 14th & Constitution Ave., NW., room 3898B, Washington, DC, 20230, within 12 days. Replies to the other party's submission are to be made within the following 8 days. 15 CFR 788.23(b), 50 FR 53134 (1985). Pursuant to section 13(c)(3) of the Act, the order of the final order of the Under Secretary may be appealed to the U.S. Court of Appeals for the District of Columbia within 15 days of its issuance. [FR Doc. 93-7907 Filed 4-8-93; 8:45 aml BILLING COOE 3610-OT-M International Trade Administration Antidumping or Countervailing Duly Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY: International Trade Administration/Import Administration, Department of Commerce. ACTION: Notice of Opportunity to Request Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation. 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 section 353.22 or 355.22 of the Commerce Regulations, that the Department of Commerce ("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 April 30, 1993, interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in April for the following periods: I Period Antidumping Duty Proceedings: Canada: Sugar and Syrups (A-122-- ) ................................................................................................................. France: Sorbiltal (A-427-001) ......................................................................................................................................... G reece: Electrolytic M anganese Dioxide (A-484-801) ..................................................................................................... Italy: Spun Acrylic Yam (A-475-084) ............................................................................................................................. Japan: Calcium Hypochlorite (A-588-401) ........................................................................................ : ............................. Japan: Cyanunc Acid (A-588-019) .................................................................................................................................. Japan: Electrolytic M anganese Dioxide (A-588-806) ...................................................................................................... Japan: 3.5" Microdisks and Media Thereof (A-588-802) ................................................................................................. Japan: Roller Chain, Other Than Bicycle (A-588-028) ........................................... Japan: Spun Acrylic Yam (A-588-086) ............................................... ........................................................................... Kenya: Standard Carnations (A-779--602) ..................................................................................................................... M exico: Certain Fresh Cut Flowers (A-201-601) ............................................................................................................ Norway: Fresh and Chilled Atlantic Salm on (A-403-801) .............................................................................................. Taiwan: Color Television Receivers (A-583-009) ............................................................................................................. The Republic of Korea: Color Television Receivers (A -580-00 ) .................................... ; ............................................. Countervailing Duty Proceedings: Argentina: W ool (C -357-002) ........ ........................................................ . ....... ......... ...................................... Argentina: Cold-Rolled Carbon Steel Flat-Rolled Products (C-357-005) ................... .......................................... . Brazil: Pig Iron (C-351-062) .. ............................. .................................................................................................. Malaysia: Car on Steel W ire Rod ( - 7-701) .............................................................................................................. M exico? Leather W earing Apparel (C-201-001) ............................................................................................................ Norway. Fresh and Chilled Atlantic Salm on (C-403-802) ................................................................................................ 04101/92-03/31/93 04101/92-03/31/93 04/01/92-03/31/93 04101/92-03/31/93 04/01/92-03/31/93 04/01/92-03/31/93 04/01/92-03/31193 04/01/92-0331/93 04/01/92-03/31/93 04/01/92-03/31/93 04/01/92-03/31/93 04/01/92-03/31/93 04/01/92-03/31/93 04/01/92-03/31/93 04/01/92-03/31/93 01/01/92-12/31/92 01/01/92-1231/92 01/01/92-12/31/92 01/01/92-12/31/92 01101/92-12/31/92 01/01/92-12/31/92#
Attachment 1, passage 46Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18375 Period 01/01/92-12/31/92 Peru: Pompon Chrysanthemums (C-333-601) ................................................................................................................. Thailand: Rice (C-649-503). In accordance with §§ 353.22(a) and 355.22(a) of the Commerce regulations, an interested party may request in writing that the Secretary conduct an administrative review of specified individual producers or resellers covered by an order, if the requesting person states why the person 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 was 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, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping Compliance, Attention: Thomas Futtner, in room 3069-A of the main Commerce Building. Further, in accordance with § 353.31 or 355.31 of the Commerce 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 April 30, 1993. If the Department does not receive, by April 30, 1993, 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 these 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: April 2, 1993. Joseph A. Spetrini, DeputyAssistant Secretary for Compliance. [FR Doc. 93-8403 Filed 4-8-93; 8:45 am] BILNG CODE 3t-0" [C-680-M02 Stainless Steel Cooking Ware From the Republic of Korea Determination Not To Revoke Countervailing Duty Order AGENCY: International Trade Administration/Import Administration Department of Commerce. ACTION: Notice of Determination Not to Revoke Countervailing Duty Order. SUMMARY: The Department of Commerce Is notifying the public of its determination not to revoke the countervailing duty order on stainless steel cooking ware from the Republic of Korea. EFFECTIVE DATE: April 9, 1993. FOR FURTHER INFORMATION CONTACT: Patricia W. Stroup or Dana Mermelstein, Office of Countervailing Compliance, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; telephone: (202) 482-0983 or 482-2786. SUPPLEMENTARY INFORMATION: Background On January 4, 1993, the Department of Commerce ("the Department") published in the Federal Register (58 FR 85) its intent to revoke the countervailing duty order on stainless steel cooking ware from the Republic of Korea.'Under 19 CFR 355.25(d)(4)(iii), the Secretary of Commerce will conclude that an order is no longer of interest to interested parties and will revoke the order if no interested party objects to revocation or requests an administrative review by the last day of the fifth anniversary month. We had not received a request for an administrative review of the order for more than four consecutive anniversary months. On January 27, 1993, Farberware Inc., a domestic producer of the subject merchandise and an interested party in this case, objected to our intent to revoke the order. Because the requirements of 19 CFR 355.25(d)(4)(iii) have not been met, we will not revoke the order. This notice is in accordance with 19 CFR 355.25(d). Dated March 3, 1993. Joseph A. Spetrini, Deputy Assistant Secretary for Compliance. [FR Doc. 93-8404 Filed 4-8-93; 8:45 am] INLUNG COOE 3150-.0-U National Oceanic and Atmospheric Administration North Pacific Fishery Management Council; Cancellation of Meeting AGENCY: National Marine Fisheries Service, NOAA, Commerce. A public meeting of the North Pacific Fishery Management Council's Rockfish Committee, which was previously published in the Federal Register at 58 FR 16401, on March 26, 1993, has been cancelled. The meeting was to be held in Seattle, WA, on April 12, 1993. For more information contact Chris Oliver, North Pacific Fishery Management.Council, P.O. Box 103136, Anchorage, AK 99510; telephone: (907) 271-2809. Dated: April 6, 1993., David S. Crestin, Acting Director, Office of Fisheries Conservation and Management, National Marine Fisheries Service. [FR Dec. 93-8333 Filed 4-8-93; 8:45 am] BILUNG CODE 510-22-M Marine Mammals AGENCY: National Marine Fisheries Service, (NMFS), NOAA, Commerce. ACTION: Receipt of Applications (P532A), (P536), and (P211F). SUMMARY: Notice is hereby given of the following Applicants have applied in due form for a Permit to take Steller sea lions (Eumetopias jubotus) as authorized by the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361-1407), the Regulations Governing the Taking and Importing of Marine Mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543), and the regulations governing endangered fish and wildlife (50 CFR parts 217- 222). (P532A) Drs. MA. Castellini, Institute of Marine Science, University of Alaska, Fairbanks, AK 9975-1080, R.W. Ddvis, Department of Marine Biology, P.O. Box 1675, Texas A&M University, Galveston, TX 77553-1675, and T.M. Williams,#
Attachment 1, passage 4718376 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Naval Ocean Systems Center, P.O. Box 997, Kailua, HI 96734-0997, have requested a two-year Permit to take animals annually as follows: (1) Up to 40 pups will be captured, flipper-tagged and dye marked, weighed, measured, blood sampled, have their temperatures taken, blubber and muscle biopsy sampled, and injected with deuterium oxide (labelled water); (2) up to 40 adult females will be chemically immobilized and have the same activities performed as on pups, except that 20 will be injected with doubly-labelled water and tagged with VHF radio transmitters (10 of these transmitters will carry miniature time-depth recorders); (3) up to 1000 adult and juvenile animals may be unintentionally disturbed during the proposed activities; and (4) up to two pups and two adults may be accidentally killed during capture and handling operations. Animals will be taken up to four times each year during the two-year research season. Activities will occur at Chirikof Island south of Kodiak, and Forrester Island near Dixon entrance in southeast Alaska. (P536) Dr. Andrew W. Trites, Research Coordinator, North Pacific Universities Marine Mammal Research Consortium, do Fisheries Centre, University of British Columbia, 2204 Main Mall, Vancouver, B.C., Canada, V6T 1Z4, has requested a five-year Permit. The initial 1993 study is a pilot program to develop a safe and consistent method for use of the Dive Behavior/Stomach Temperature Sensor Recorder. During the 1993 field season, up to six (6) adult females will be captured, chemically immobilized, weighed, equipped with a dive behavior/stomach temperature sensor recorder and a VHF radio/satellite tag, and released, and up to 250 animals may be disturbed during capture and instrumentation activities. Each subsequent year (1994-1997): (1) Up to 40 juveniles (20 male/female) and 20 adult females will be subjected to the same activities as done in 1993, except that the adult females will also be injected with doubly-labelled water and recaptured for blood sampling; (2) up to 750 may be disturbed during research activities; and (3) up to 2 juveniles and 2 adults may be accidentally killed during research activities. Animals may be recaptured to remove tag equipment if the remote release device fail. Activities will occur on Forrester Island in 1993 and in the western Gulf of Alaska and Southeast Alaska in subsequent years. (P21 1F) Mr. Robin Brown, Oregon Department of Fish and Wildlife, Marine Region, Marine Science Dr., Bldg. 3, Newport, OR 97365 has requested a five-year Permit to take animals annually as follows: (1) Up to 200 pups will be captured, weighed, measured, hot branded, and flipper- tagged, of which 50 will be blood sampled once, 30 tissue sampled, 10 fur sampled, and 5 radio-tagged; (2) up to 5 adult females will be captured. equipped with radio tags and blood and fur sampled; (3) up to 4,000 animals may be disturbed incidental to the proposed activities; and (4) up to 2 pups and 2 adult females may be accidentally killed during research activities. Activities will occur within waters of Oregon, Washington and California, including Rogue Reef, Orford Reef, and St. George Reef. No more than 100 pups will be handled at Rogue Reef and no more than 50 will be handled at Orford Reef or St. George Reef in any single year. ADDRESSES: Written data or views, or requests for a public hearing on any one of these requests should be submitted to the Assistant Administrator for Fisheries, National Marine Fisheries Service, NOAA, U.S. Department of Commerce, 1335 East-West Hwy., Suite 7324, Silver Spring, MD 20910, within 30 days of the publication of this notice. Documents submitted in connection with the above applications are available for review upon written request or by appointment in the Permits Division, Office of Protected Resources, National Marine Fisheries Service, 1335 East-West Hwy., room 7324, Silver Spring. MD 20910 (301/ 713-2289); (P532A and P536): Director. Alaska Region, National Marine Fisheries Service, NOAA, Federal Annex, 9109 Mendenhall Mall Rd., Suite 6, Juneau. AK 99802 (907/586-7221); (P532A, P536, and P211F): Director, Northwest Region, National Marine Fisheries Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Seattle, WA 98115 (206/526-4020); (P211F): Southwest Region. National Marine Fisheries Service, 501 W. Ocean Blvd., Long Beach, California 90802- 4213 (310/980-4015). Dated: April 2, 1993. William W. Fox, Director of Protected Resources. [FR Doc. 93-8326 Filed 4-8-93:8:45 ami BIUNG ODE 3810-224 COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Adjustment of Import Limits for Certain Cotton and Man-Made Fiber Textile Products Produced or Manufactured In Sri Lanka April 6, 1993. AGENCY: Committee for the Implementation of Textile Agreements (CITA). ACTION: Issuing a directive to the Commissioner of Customs adjusting limits. EFFECTIVE DATE: APRIL 13, 1993. FOR FURTHER INFORMATION CONTACT: Jennifer Aldrich, International Trade Specialist, Office of Textiles and Apparel. U.S. Department of Commerce, (202) 482-4212. For information on the quota status of these limits, refer to the Quota Status Reports posted on the bulletin boards of each Customs port or call (202) 927-5850. For information on embargoes and quota re-openings, call (202) 482-3715. SUPPLEMENTARY INFORMATION: Authority: Executive Order 11651 of March 3, 1972, as amended; section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854). The current limit for Category 644 is being increased by application of swing, reducing the limit for Categories 359-C 659-C to account for the increase. A description of the textile and apparel categories in terms of HTS numbers is available in the CORRELATION: Textile and Apparel Categories with the Harmonized Tariff Schedule of the United States (see Federal Register notice 57 FR 54976, published on November 23. 1992). Also see 57 FR 29290, published on July 1, 1992. The letter to the Commissioner of Customs and the actions taken pursuant to it are not designed to implement all of the provisions of the bilateral agreement, but are designed to assist only in the implementation of certain of its provisions. 1. Hayden Boyd. Acting Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation ofTextile Agreements April 6, 1993. Commissioner of Customs, Department of the Treasury, Washington, DC 20229. Deer Commissioner. This directive amends, but does not cancel, the directive issued to you on June 25, 1992, by the Chairman, Committee for the Implementation#
Attachment 1, passage 48Federal Register / VoL 58, No. 67 / Friday, April 9, 1993 / Notices 18377 of Textile Agreements. That directive concerns imports of certain cotton, wool and man-made fiber textile products and silk blend and other vegetable fiber apparel, produced or manufactured in Sri Lanka and exported during the twelve-month period which began on July 1, 1992 and extends through June 30, 1993. Effective on April 13, 1993, you are directed to amend further the directive dated June 25, 1992 to adjust the limits for the following categories, as provided under the terms of the current bilateral agreement between the Governments of the United States and the Dlemocratic Socialist Republic of Sri Lanka: Categoy A4Us twelve-month 359-C1659-C 2 ............. a04 Idlograms. 644 .............................. 144,170 numbers. IThe lNms have not been adIusted ID account br any imports aeported after June 30, 1992. category 359-C: only HTS numfrbers 6103.42.2025, 6103.49.3034, - 6104.62.1020, 6104.69.3010. 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010, Category 669-C: only HTS numbers 6103.23.0055, 6103.43.2020, 6103.432025, 6103.49.2000, 6103.49.3038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.3014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.4015. 6211.33.0010, 6211.3.0017 and 6211.43.0010. The Committee for the Implementation of Textile Agreements has determined that these actions fall within the foreign affairs exception to the rulemaking provisions of 5 U.S.C. 553(a)(1). Sincerely, J. Hayden Boyd, Acting Chairman, Committee for the Implementation of Textile Agreements. IFR Doc. 93-8338 Filed 4-8-93; 8:45 am] BILLING CODE 3610-OR-F 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 to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. COMMENTS MUST BE RECEIVED ON OR BEFORE: May 10, 1993. 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 listed below from nonprofit agency employing persons who are blind or have other severe disabilities. I certify that the following actions 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 to the Government. 2. The action will result in authorizing small entities to furnish the commodities 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 proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional Information. It is proposed to add the following commodities to the Procurement List for production by the nonprofit agencies listed: Pad, Scouring 7920-00-045-2940 Nonprofit Agency: Beacon Lighthouse * for the Blind, Inc., Wichita Falls, Texas. Hat, Sun, Woodland Camouflage 8415-01-196-8374 thru 8415-01-196- 8386 Nonprofit Agency- Human Technologies Corp., Utica, New York. Beverly L. Milkman, Executive Director. [FR Doc. 93-8368 Filed 4--93; 8:45 aml BILLING CODE 6820-3 -P Procurement Ust 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 services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. COMMENTS MUST BE RECEIVED ON OR BEFORE: May 10, 1993. 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 services listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the services to the Qovernment. 2. The action does not appear to have a severe adverse impact on the current contractors for the services. 3. The action will result in authorizing small entities to furnish the services to the Government. 4. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner- O'Day Act (41 U.S.C. 46-48c) in connection with the services proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. It is proposed to add the following services to the Procurement List for production by the nonprofit agency listed: Document Processing, Office of Transportation Audits, 18th and F Streets, NW., Washington, DC.#
Attachment 1, passage 4918378 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Nonprofit Agency: Sheltered Occupational Center of Northern Virginia, Arlington, Virginia. Janitorial/Custodial, Drug Dependence Treatment Center, 2320 West Roosevelt Road, Chicago, Illinois. Nonprofit Agency: Ada S. McKinley Community Services, Inc. Chicago, Illinois. Janitorial/Custodial, Federal Building and U.S. Courthouse, 655 First Avenue North Federal Building and U.S. Post Office, 657 Second Avenue North Fargo, North Dakota. Nonprofit Agency: Vocational Training Center, Fargo, North Dakota. Painting Service, McClellan Air Force Base, California. Nonprofit Agency: Pride Industries, Roseville, California. Beverly L. Milkman, Executive Director. [FR Doc. 93-8369 Filed 4-8-93; 8:45 am] BILLNG CODE 120-33-A Procurement List; Addition AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Addition to procurement list. SUMMARY: This action adds to the Procurement List a flameless heater to be furnished by a nonprofit agency employing persons who are blind or have other severe disabilities. EFFECTIVE DATE: May 10, 1993. 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 July 17, 1992, the Committee for Purchase From People Who Are Blind or Severely Disabled published a notice (57 FR 31698) of the proposed addition of this heater to the Procurement List. Comments were received during the development phase of this addition to the Procurement List from both contractors. Both contractors indicated that sales of the flameless ration heater to the Government represented a sizeable portion of their total sales. One contractor also indicated that its work force includes people with disabilities who might become unemployed because of the addition to the Procurement List. The Committee has decided to reduce the portion of the Government requirement for the heaters to be added to the Procurement List from 100% to 15%. This will substantially lessen the impact of the Committee's action on boh current contractors and their employees and will leave them free to compete to supply the bulk of the Government's requirement for the heater. Consequently, the Committee has concluded that addition of the flameless ration heater to the Procurement List will not constitute severe adverse impact on the current contractors. . After consideration of the material presented to it concerning capability of qualified nonprofit agency to produce the commodity, fair market price, and impact of the addition on the current or most recent contractors, the Committee has determined that the commodity listed below is suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the commodity to the Government 2. The action will not have a severe economic impact on current contractors for the commodity. 3. The action will result in authorizing small entities to furnish the commodity to the Government. 4. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner- O'Day Act (41 U.S.C. 46-48c) in connection with the commodity proposed for addition to the Procurement List. Accordingly, the following commodity is hereby added to the Procurement List: Heater, Flameless 8970-01-321-9153 (15% of the Government's requirement) This action does not affect contracts awarded prior to the effective date of this addition or options exercised under those contracts. Beverly L. Milkman, Executive Director. [FR Doc. 93-8371 Filed 4-8-93; 8:45 am] BILUNG CODE 620- Procurement List; Addition AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Addition to procurement list. SUMMARY: This action adds to the Procurement List a survival kit to be furnished by a nonprofit agency employing persons who are blind or have other severe disabilities. EFFECTIVE DATE: May 10, 1993. 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 January 29, 1993, the Committee for Purchase From People Who Are Blind or Severely Disabled published a notice (58 F.R. 6477) of the proposed addition of this kit to the Procurement List. Comments were received during the development phase of this addition to the Procurement List from the current contractor, which indicated that the survival kit did not lend itself to assembly by people with severe disabilities. The contractor, which provided data showing that it is operating at a loss, also Indicated that removal of any of the items it manufactures from open competition would have a major adverse impact on it. The contractor claimed the previous sales year had been the worst it had encountered in 29 years of business, and supplied figures for the past five years to support the claim. The Federal agency which buys the kits inspected the nonprofit agency proposing to produce them and has informed the Committee that it considers the nonprofit agency capable of producing them. The Committee's capability determination is based on information and similar information from the cognizant central nonprofit agency. Although its sales in the past year were the worst in the last five years, the percentage of the contractor's sales which the survival kit represents is not normally considered by the Committee to constitute severe adverse impact. Moreover, the contractor did not receive the previous contract for this kit and, therefore, should not be dependent on the income from its sale to the Government. Consequently, the Committee does not consider that its action in adding the survival kit to the Procurement List constitutes severe adverse impact on the contractor. After consideration of the material presented to it concerning capability of qualified nonprofit agency to produce the commodity, fair market price, and impact of the addition on the current or#
Attachment 1, passage 50Federal Register / VoL 58, No. 67 / Friday, April 9, 1993 / Notices 18379 most recent contractors, the Committee has determined that the commodity listed below is suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the commodity to the Government. 2. The action will not have a severe economic Impact on current contractors for the commodity. 3. The action will result in authorizing small entities to furnish the commodity to the Government. 4. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner- O'Day Act (41 U.S.C. 46-48c) in connection with the commodity proposed for addition to the Procurement List. Accordingly, the following commodity is hereby added to the Procurement List: Kit, Survival 6545-00-139-3671 This action does not affect contracts awarded prior to the effective date of this addition or options exercised under those contracts. Beverly L Milkman, Executive Director. [FR De. 93-8373 Filed 4-8-93; 8:45 aml DLN CODE U20-,-P Procurm nt Ust Additions AGENCY: Committee for Purchase from People Who Are Blind or Severely Disabled. ACTION: Additions to procurement list. SUMMARY: This action adds to the Procurement List commodities and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. EFFECTIVE DATE: May 10, 1993. ADDRESS: 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 IOVTMATIO CONTACT. Beverly Milkman (703) 603-7740. SUPPLEMENTARY INFORMATION: On October 2 and 23, 1992, February 12 and 19, 1993, the Committee for Purchase from People Who Are Blind or Severely Disabled published notices (57 FR 45608, 48359, 58 FR 8261 and 9151) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of ualified nonprofit agencies to provide t commodities and services, fair market price, and impact of the additions on the current or most recent contractors, the Committee has determined that the 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 commodities and services to the Government. 2. The action will not 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. Accordingly, the following commodities and services are hereby added to the Procurement List: Commodities Clamp, Loop 5340-00-881-5019 5340-01-118-6678 5340-01-259-4151 Strap, Webbing 5340-00-NSH-0031 (Requirements for the Defense Construction Supply Center) Cleaning Compound, Rug and Upholstery 7930-00-724-9556 7930-00-113-1913 Splint, Wood 6515-00-372-1200 Box, Wood 8115-00-NSH-0162 8115-00-NSH-0163 8115-00-NSH-0165 8115-00-NSH-0166 8115-00-NSH-0170 8115-00-NSH-0171 8115-0-NSH-0172 8115-00-NSH-0173 8115-00-NSH-0174 8115-00-NSH-0175 8115-00-NSH-0177 8115-OO-NSH-0178 8115-00-NSH-0179 8115-00-NSH-0180 8115-00-NSH-0181 8115-0O-NSH--0199 8115-00-NSH-0203 (Requirements for the Naval Supply Center, San Diego, CA) Services janitorial/Custodial, U.S. Army Reserve Center, 1750 East 29th Street, Tucson, Arizona. Janitorial/Custodial, U.S. Customhouse, 200 East Bay Street, Charleston, South Carolina. Mailing -nd Mailing List Maintenance, Department of Housing and Urban Development, Washington. DC. This action does not affect contracts awarded prior to the effective date of this addition or options exercised under those contracts. Beverly L lilkman, Executive Director. [FR Doec. 93-8370 Filed 4-8-93; 8:45 am) LU MN CODE 62e-33-U DEPARTMENT OF DEFENSE Office of the Secretary Technology Reinvestment Project Regional Briefings AGENCY: Advanced Research Projects Agency. ACTION: Notice. SUMMARY: This announces a series of regional briefings on the Technology Reinvestment Project. The Technology Reinvestment Project (TRP) is a broad- reaching program that will invest $600 million (including some FY 1992 funds) in dual-use technology partnerships, manufacturing technology, regional technology alliances, manufacturing extension and assistance programs, and manufacturing education initiatives. The effort is being planned and conducted by an interagency team led by the Department of Defense (Advanced Research Projects Agency), which includes the Department of Commerce (through NIST). Department of Energy (Defense Programs). National Aeronautics and Space Administration, and the National Science Foundation. Funds will be invested to develop#
Attachment 1, passage 5118380 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices critical dual-use technologies, deploy existing technologies which address defense needs and have potential for commercial viability, and stimulate the integration of military and commercial research and production bases. Five regional briefings on the TRP will take place April 12-16, 1993 in the following cities: Monday, April 12, New York City, Sheraton New York Hotel & Towers, 811 Seventh Ave. at 52nd St., New York, NY 10019, (212) 581-1000; Tuesday, April 13, Detroit, The Westin Hotel, Renaissance Center, Jefferson Ave., Detroit, MI 48243, (313) 568-8000; Wednesday, April 14, Orlando, Hyatt Orlando, 1-4 and U.S. 192 (Exit 25A), 6375 W. Irlo Bronson Memorial Hwy., Kissimmee, FL 34746, (407) 396-1234; Thursday, April 15, Dallas, Radisson Hotel, Central Dallas, 6060 N. Central Expressway, Dallas, TX 75206, (214) 750-6060; Friday, April 16, Los Angeles, The Biltmore Hotel, 506 S. Grand Ave., Los Angeles, CA 90011, (213) 624-1011. All interested parties are invited to attend one of these briefings. No additional formal briefings are planned once the TRP solicitation is published in May. Attendees who plan to stay at one of these hotels should mention the TRP when making their hotel reservations and they may receive a special rate room on a first come, first served basis. On-site briefing registration will begin at 8:00 am on a first come, first served basis. Attendees are asked to register as early as possible to prevent long lines before the start of the briefing. Each briefing will run from approximately 12:30 pm to 5:45 pm. Lunch will not be included. There will be no charge for admission. Call 1-800- DUALUSE (8 am through 7 pm EST, Monday through Friday) to let the TRP know if you will attend a briefing. Dated: April 5, 1993. L.M. Bynum, Alternate OSD Federal Register, Liaison Officer, Department of Defense. [FR Doc. 93-8299 Filed 4-8-93; 8:45 am] BILWNG CODE 3610-01-M DELAWARE RIVER BASIN COMMISSION Proposed Amendments to Comprehensive Plan, Water Code of the Delaware River Basin, Administrative Manual-Part III Water Quality Regulations; Public Hearings AGENCY: Delaware River Basin Commission. ACTION: Notice of proposed rulemaking and public hearings. SUMMARY: Notice is hereby given that the Delaware River Basin Commission will hold public hearings to receive comments on proposed amendments to its Comprehensive Plan, Water Code and Water Quality Regulations relating to the control of nonpoint sources of pollution in the drainage area to classified Special Protection Waters. The proposed amendments involve a three-pronged approach: the first prong addresses new nonpoint sources on a project-by-project basis through the Commission's project review process under Section 3.8 of the Delaware River Basin Compact; through USEPA's NPDES stormwater permitting regulations; and on a discretionary basis when needed. The second prong addresses new and existing nonpoint sources on a priority watershed basis. For priority watersheds, watershed nonpoint source management plans would be developed and implemented. The third prong would encourage the development and implementation of watershed nonpoint source plans on a voluntary basis in watersheds which are not considered the highest priority of the Commission. A process to identify priority watersheds and develop watershed nonpoint source management plans is included in the proposal. In addition, the Commission is proposing related revisions to its Administrative Manual-Rules of Practice and Procedure. A summary of the proposed amendments to the Administrative Manual-Rules of Practice and Procedure is published elsewhere in the Proposed Rules section of this issue of the Federal Register. DATES: The public hearings are scheduled as follows: June 16, 1993 beginning at 1:30 p.m. and continuing until 4:30 p.m., as long as there are people present wishing to testify. June 22, 1993 beginning at 2:00 p.m. and continuing until 5:00 p.m., as long as there are people present wishing to testify. June 22, 1993 beginning at 7:00 p.m. and continuing until 9:30 p.m., as long as there are people present wishing to testify. The deadline for inclusion of written comments in the hearing record will be announced at the hearings. ADDRESSES: The June 16, 1993 hearing will be held in the New Castle County Council Chambers, First Floor of the City/County Building, 800 French Street, Wilmington, Delaware. The June 22, 1993 hearings will be held in the Ballroom of the Inn at Hunt's Landing, 900 Routes 6 & 209, Matamoras, Pennsylvania. Written comments should be submitted to Susan M. Weisman, Delaware River Basin Commission, P. 0. Box 7360, West Trenton, New Jersey 08628. FOR FURTHER INFORMATION CONTACT: Susan M. Weisman, Commission Secretary, Delaware River Basin Commission, P. 0. Box 7360, West Trenton, New Jersey 08628. Telephone (609) 883-9500 X203. SUPPLEMENTARY INFORMATION: Background and Rationale On December 9, 1992 the Delaware River Basin Commission amended its Comprehensive Plan, Water Code, Water Quality Regulations and Rules of Practice and Procedure to allow for special water quality protection measures to be applied to waters that the Commission classifies as Special Protection Waters. The Commission action also classified the Delaware River and those portions of tributaries within the Upper Delaware Scenic and Recreational River (UDSRR) corridor and the Delaware Water Gap National Recreation Area (DWGNRA) as Outstanding Basin Waters and the Delaware River from the southern boundary of the UDSRR to the northern boundary of the DWGNRA as a Significant Resource Waters, thus bringing them under the Special Protection Waters regulations. However, Commission action on the Special Protection Waters regulations did not include nonpoint source regulations which were deferred for further consideration and development. Since that time, Commission staff has continued its work with the Commission's Water Quality Advisory Committee and nonpoint source experts from Pennsylvania, New Jersey and New York to develop nonpoint source regulations which (1) contribute to the overall goal of no measurable change in water quality in Special Protection Waters and (2) can be integrated with the NPDES stormwater permitting program as well as other emerging programs at the local, state and federal levels. The Commission is now proposing expanded nonpoint source regulations which will address new and increased nonpoint source loads impacting water quality. Planning and regulatory activities of other agencies are integrated with the Special Protection Waters program to the extent possible. The Commission has prepared a "Basis and Background Document- Special Protection Waters-Proposed Nonpoint Spurce Regulations" describing the proposed amendments#
Attachment 1, passage 52Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18381 and their rationale in considerable detail. This document may be obtained by contacting Christopher M. Roberts at the Commission at X205. Copies of the full text of the proposed amendments may be obtained by contacting Ms. Weisman at the address provided in FOR FURTHER INFORMATION CONTACT. Persons wishing to testify are requested to notify the Secretary in advance. Written comments on the proposed amendments should also be submitted to the Secretary. Delaware River Basin Compact, 75 'Stat. 688. Dated: March 30, 1993. Susan M. Weisman, Secretary. [FR Doc. 93-8231 Filed 4-8-93; 8:45 am] BILNG CODE 6360-01-P DEPARTMENT OF EDUCATION [CFDA No.: 84.255A] Life Skills for State andLocal Prisoners Program; Correction AGENCY: Department of Education. ACTION: Correction. SUMMARY: On March 16, 1993, the Department of Education published in the Federal Register a notice inviting applications under the Life Skills for State and Local Prisoners Program. On page 14278, in the first column, the, deadline for transmittal of applications was incorrectly listed as May 15, 1993. The correct deadline for transmittal of applications is May 17, 1993. The deadline for intergovernmental review remains unchanged. FOR FURTHER INFORMATION CONTACT: Christopher Koch, U.S. Department of Education, 400 Maryland Avenue, SW (room 4512-MES), Washington, DC 20202-7242. Telephone (202) 205-5621. Deaf and hearing impaired individuals may call the Federal Dual Party Relay Service at 1-800-877-8339 (in the Washington, DC 202 area code, telephone 708-9300) between 8 a.m. and 7 p.m., Eastern time. Program Authority: 20 U.S.C. 1211-2. Dated: April 2, 1993. Ricky Takai, Acting Assistant Secretary, Office of Vocational and Adult Educdtion. [FR Doc. 93-8314 Filed 4-8-93; 8:45 am] BILUNG CODE 4000-01-U [CFDA No. 84.040] Invitation for Fiscal Year 1993 Applications Under the School Construction in Areas Affected by Federal Activities Program for Fiscal Year 1994 Funds Purpose of Program: To help compensate school districts for the cost of educating children when enrollment and the availability of revenues from local sources have been adversely affected by Federal activities, the Secretary provides direct grants for the construction, or remodeling of urgently needed minimum school facilities. Section 5 of Public Law 81-815 authorizes assistance for school construction in local educational agencies experiencing an increase in ,membership due to Federal activity carried on either directly or through a contractor. Eligibility is determined by the increase in the number of children residing on Federal property or with a parent employed on Federal property. Section 9 authorizes construction assistance to school districts experiencing a temporary Federal impact, either directly or through a contractor. Section 14 authorizes assistance for certain school districts that serve children residing on Indian lands, or that are significantly burdened by the presence of nontaxable Federal property and have a substantial number of inadequately housed pupils. Section 8 authorizes assistance that supplements certain awards made under sections 5, 9, and 14 of Public Law 81- 815. Notice is given that the Secretary of Education has established a closing date for the transmittal of applications for assistance under sections 5 and 9 of Public Law 81-815, based on increase periods ending June 1993 or June 1994. (An increase period is a period of four consecutive regular school years during which a school district has experienced a substantial increase in school membership as a result of new or increased Federal activities.) This closing date also applies to applications for assistance under section 14 and for supplemental assistance under section 8 of Public Law 81-815. Approval of these applications is subject to availability of funds. Deadline for Transmittal of Applications: June 30, 1993. Deadline for Intergovernmental Review: September 1, 1993. Available Funds: The fiscal year 1993 appropriation provided $3.8 million for sections 14(a) and 14(b), and $3.6 million for sections 5 and 14(c). The Administration has requested no funds for these activities for fiscal year 1994. However, the actual level of funding available for these activities in fiscal year 1994 is contingent upon Congressional action. Applications Available: Application forms may be obtained from the State educational agency that serves the applicant local educational agency. Applicable Regulations: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 82, 85 and 86; and (b) the regulations for this program in 34 CFR part 221. FOR FURTHER INFORMATION CONTACT: School Facilities Branch, Impact Aid Program, Program Operations Division, U.S. Department of Education, 400 Maryland Avenue, SW., room 2113, Washington, DC 20202-6244. Telephone: (202) 401-0660. Deaf and hearing impaired individuals may call the Federal Dual Party Relay Service at 1-800-877-8339 (in the Washington, DC 202 area code, telephone 708-9300) between 8 a.m. and 7 p.m., Eastern time. Program Authority: 20 U.S.C. 631-6451. Dated: April 2, 1993. Mary Jean LeTendre, Acting Assistant Secretaryfor Elementary and Secondary Education. [FR Doc. 93-8313 Filed 4-8-93; 8:45 am) BILUNG CODE 4000-01-U DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER93-480-000, et al.] West Texas Utilities Co., et al., Electric Rate, Small Power Production, and Interlocking Directorate Filings Take notice that the following filings have been made with the Commission: 1. West Texas Utilities Co. [Docket No. ER93-480-0001 April 1, 1993. Take notice that on March 24, 1993, West Texas Utilities Company (WTU) tendered for filing an Assignment of Service Agreement (Agreement) between WTU and Greenbelt Electric Cooperative, Inc. (Greenbelt) and the Golden Spread Electric Cooperative, Inc. (Golden Spread). Pursuant to the Agreement, Greenbelt will assign to Golden Spread an existing Service Agreement pursuant to which Greenbelt now takes full-requirements service from WTU. WTU seeks an effective date of May 24, 1993.#
Attachment 1, passage 5318382 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Copies of the filing have been served on Greenbelt, Golden Spread and the Public Utilities Commission of Texas. Comment date: April 15, 1993, in accordance with Standard Paragraph E at the end of this notice. 2. Puget Sound Power & Light Co. [Docket No. ER93-478-O00] April 1, 1993. Take notice that on March 24, 1993, Puget Sound Power & Light Company (Puget) tendered for filing a Power Purchase Contract between the United States of America Department of Energy acting by and through the Bonneville Power Administration (Bonneville) and Puget dated as of December 29, 1992. Under the Power Purchase Contract (the Agreement), Puget will sell and deliver to Bonneville, and Bonneville will purchase from Puget, certain amounts of energy during designated winter-month and summer-month periods in 1993, 1994. 1995, 1996 and 1997. Copies of the filing were served upon Bonneville. Comment date: April 15, 1993, in accordance with Standard Paragraph E at the end of this notice. 3. Puget Sound Power & Light Co. [Docket No. ER93-161-O000 April 1, 1993. Take notice that on March 8, 1993, Puget Sound Power & Light Company (Puget) tendered for filing an amendment to its original filing filed in this docket on November 17, 1992. Comment date: April 14, 1993, in accordance with Standard Paragraph E at the end of this notice. 4. Puget Sound Power & Light Co. [Docket No. ER93-159-001 April 1, 1993. Take notice that on March 17, 1993, Puget Sound Power & Light Company (Puget) tendered for filing an amendment to its original filing filed in this docket on November 17, 1992. Comment date: April 14, 1993, in accordance with Standard Paragraph E at the end of this notice. 5. Golden Spread Electric Cooperative, Inc. [Docket No. ER93-485-000 April 1, 1993. Take notice that on Golden Spread Electric Cooperative, Inc., on March 24, 1993, tendered for filing proposed changes in Its FERC Electric Service Rate Schedules Nos. 1-11. The proposed changes are necessary to conform the Wholesale Power Agreements between Golden Spread and its member systems to the Settlement Agreement in Docket No. EL89-50-O00 (approved by the Commission in a letter order dated October 10, 1990), which resolved a complaint proceeding brought against SPS by Golden Spread. These changes include: (1) Extending the term of the Contracts for Primary Electric Service between Golden Spread and SPS for 15 years from January 1, 1990 (through December 21, 2004; (2) providing for the interconnection of qualifying facilities (QFs); and (3) with respect to Lighthouse Electric Cooperative, incorporating a provision that the point of delivery to Azteca Milling Company's Plainview facility be a full requirements delivery point not subject to the option for partial requirements service. The term of the Wholesale Power Agreement between Golden Spread and one member, Midwest Electric Cooperative, Inc., has been extended to January 1, 2008. In addition, Greenbelt Electric Cooperative, Inc., a member system of Golden Spread, desires to assign to Golden Spread its "service agreement" between West Texas Utilities Company and Greenbelt Electric Cooperative, Inc. Accordingly, Golden Spread seeks to amend the Wholesale Power Agreements to allow Golden Spread to obtain power suppliers to serve its member systems other the SPS. In order to facilitate this change and to allow for appropriate accounting for power supplied by entities other than SPS certain conforming changes have been made to Schedule A of the Wholesale Power Agreements. Copies of the filing were served upon Golden Spread's jurisdictional customer, the Public Utility Commission of Texas, the New Mexico Public Service Commission, the Colorado Public Utilities Commission, and the Oklahoma Corporation Commission. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 6. Western Resources, Inc. [Docket No. ES93-29-000] April 1, 1993. Take notice that on March 29, 1993, Western Resources. Inc., (Western) filed an application with the Federal Energy Regulatory Commission under section 204 of the Federal Power Act requesting authorization to issue not more than 2 million additional shares of common stock, $5.00 par value, pursuant to a dividend reinvestment and stock purchase plan. Also, Western requests exemption from the Commission's competitive bidding and negotiated placement regulations. Comment date: April 28, 1993, in accordance with Standard Paragraph E at the end of this notice. 7. The United Illuminating Co. [Docket No. ER93-487-O00] April 1, 1993. Take notice that on March 25, 1993, The United Illuminating Company (UI) tendered for filing a rate schedule for a short-term, coordination transaction involving the sale of capacity entitlements to Massachusetts Municipal Wholesale Electric Company (MMWEC). The rate schedule corresponds to a letter agreement, dated March 19, 1993, between UT and MMWEC. The commencement date for service under the agreement is May 1, 1993. UI proposes the rate schedule commence on this date. The service provided under the agreement is the provision of capacity entitlements and associated energy from UI's New Haven Harbor Station. Copies of the filing were mailed to MMWEC. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 8. Minnesota Power & Light Co. [Docket No. ER93-486-000] April 1, 1993. Take notice that on March 25, 1993, Minnesota Power & Light Company (MP&L) tendered for filing an Amendment dated November 24, 1992, to the Electric Service Agreement between MP&L and Dahlberg Light and Power Company and a side letter agreement pursuant to which the rate for non-firm energy service may not exceed the rate for firm energy. The Amendment provides, among other things, for a ten-year extension of the Agreement through December 31, 2004. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 9. Arizona Public Service Co. [Docket No. ER93-438-0001 April 2, 1993. Take notice that on April 1, 1993, Arizona Public Service Company tendered for filing an amendment to FERC Docket No. ER93-438-000. The amendment proposes to extend existing services to the Navajo Tribal Utility Authority (NTUA) for one additional month through midnight, June 30, 1993. No change to the current rate or revenue levels presently on file with the Commission is proposed herein. No new facilities or modifications to existing facilities are required as a result of this amendment.#
Attachment 1, passage 54Federal Register / Vol. 58. No. 67 / Friday, April 9, 1993 / Notices 18383 A copy of this filing has been served on NTUA and the Arizona Corporation Commission. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 10. Cincinnati Gas & Electric Co. [Docket No. ER93-416--O00l April 2, 1993. Take notice that on March 29, 1993, Cincinnati Gas & Electric Company (CG&E) tendered for filing as a supplement to its previous filing in this docket a letter explaining how CG&E will respond to requests from customers for rate provisions such as those proposed in this docket for Union Light Heat & Power Company (ULH&P). CG&E states that it has proposed this provision only for ULH&P because ULH&P is the only full requirements customer of CG&E that has interruptible loads. CG&E further states that it will consider arrangements similar to that for ULH&P for other full requirements customers should they develop or obtain -interruptible loads that offer comparable benefits to the CG&E system. . Copies of the filing were served on the Public Service Commission of Kentucky and the Public Utilities Commission of Ohio. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 11. Puget Sound Power & Light Co. [Docket No. ER93-183-O00] April 2, 1993. Take notice that Puget Sound Power & Light Company (Puget) on March 30, 1993 tendered for filing, as an initial rate schedule, the Centralia Transmission Agreement, executed on September 22, 1980, between Puget and the City of Seattle, City Light Department (Seattle). TheAgreement generally requires Puget to provide capacity for the transmission of Seattle's share of the output from the Centralia Steam-Electric Generating Plant from BPA's C.W. Paul Substation to Puget's Talbott Hill Substation. Seattle is required to pay Puget at an initial rate of $1.31 per kilowatt per year, subject to escalation for increases in Puget's costs as provided for in the Agreement. Service under the Agreement will commence on July 1, 1983. A copy of the filing was served upon Seattle. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 12. Wisconsin Electric Power Co. [Docket No. ER93-492-OO] April 2, 1993. Take notice that Wisconsin Electric Power Company (Wisconsin Electric) on March 26, 1993, tendered for filing the Stony Brook Tap Letter Agreement, the Rockdale Transformer Letter Agreement and a resultant Appendix C modification of the interconnection agreement between itself and Wisconsin Power and Light Company (Power and Light). The Stony Brook Tap Agreement provides for the installation and operation of a breakered substation at Stony Brook in order to serve its local load in that area. The letter agreement provides that that taps to each other's systems to serve such other party's local loads where it is the least cost method of service. The Rockdale Letter Agreement calls for Wisconsin Electric to provide a 345- 138 kV transformer for use at the Rockdale Substation in order to improve transfer capability from Commonwealth Edison Company to WUMS, a subregion of the Mid America Interpool Network. Appendix C to the Interconnection Agreement between Wisconsin Electric and Power and Light recognizes the modifications required by the Rockdale Letter Agreement at this point of interconnection. Wisconsin Electric respectfully requests an effective date of sixty days after the date of filing. Wisconsin Electric is authorized to state that Power and Light joins in the requested effective date. Copies of the filing have been served on Power and Light, and the Public Service Commission of Wisconsin. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 13. Arizona Public Service Co. IDocket No. ER93-499-0001 April 2, 1993. Take notice that on March 29, 1993, Arizona Public Service Company (APS) tendered for filing the proposed Agreement for the Sale of Energy between Louis-Dreyfus Electric Power, Inc., (LDEP) and Arizona Public Service Company (APS). .Sales of energy by APS to LDEP under the proposed Agreement are to be priced using a bifurcated rate consisting of (1) the actual variable cost incurred, plus (2) a negotiated adder not to exceed a proposed ceiling adder based on the fixed costs associated with the facilities most likely to be used to produce the required energy. A copy of this filing has been served on LDEP and the Arizona Corporation Commission. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 14. Tucson Electric Power Co. [Docket No. ER93-497-0001 April 2, 1993. .Take notice that on March 29, 1993 Tucson Electric Power Company (Tucson) tendered for filing pursuant to 18 CFR 35.12, an agreement entitled "Wholesale Power Supply Agreement Between Tucson Electric Power Company and Navajo Tribal Utility Authority." Copies of this filing have been served upon all parties affected by this proceeding. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 15. Central Louisiana Electric Co., Inc. [Docket No. ER93-498-00 April 2, 1993. Take notice that on March 29, 1993, Central Louisiana Electric Company, Inc. (CLECO) tendered for filing a Contract for the Sale of Energy and Use of Substation Facilities between Central Louisiana Electric Company, Inc. and the City of St. Martinville, Louisiana effective upon Commission approval. CLECO has served copies of the filing on the affected customer and on the Louisiana Public Service Commission. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 16. Pennsylvania Power & Light Co. [Docket No. ER93-484-000] April 2, 1993. Take notice that on March 24, 1993, Pennsylvania Power & Light Company (PP&L) tendered for filing a Capacity Credit Sales Agreement (Agreement) between PP&L and Delmarva Power & Light Company (DP&L) dated March 15, 1993. The Agreement provides for the sale by PP&L to DP&L of Daily Generating Capacity Megawatts solely for DP&L's use in the Pennsylvania-New Jersey-Maryland (PJM) Interconnection's planned and/or accounted-for installed capacity accounting purposes. PP&L has requested an effective date of May 24, 1993 for the Agreement, which is 60 days from the date of filing. PP&L is not requesting any notice period waivers. PP&L states that a copy of its filing was served on DP&L, the Pennsylvania Public Utility Commission, the Maryland Public Service Commission,#
Attachment 1, passage 5518384 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Delaware Public Service Commission, and the Virginia State Corporation Commission. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 17. Minnesota Power & Light Co. [Docket No. ER93-488-000] April 2, 1993. Take notice that Minnesota Power & Light Company (MP&L) tendered for filing a Negotiated Capacity Option between it and Wisconsin Power & Light Company (WP&L) on March 25, 1993. The Negotiated Capacity Option provides WP&L an option to purchase up to 75 MW of firm capacity from 1993 to 1997 and a separate option to purchase 75 MW of firm capacity during the period 1998 to 2007. MP&L and WP&L request an effective date of March 24, 1993, which is the date following the execution of the Option. Copies of the filing have been served upon WP&L, the Minnesota Public Utilities Commission and the Public Service Commission of Wisconsin. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 18. Southern Company Services, Inc. [Docket No. ER93-490-000l April 2, 1993. Take notice that on March 25, 1993, Southern Company Services, Inc., acting as agent for Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, and Savannah Electric and Power Company, submitted for filing a letter agreement dated February 19, 1993 revising the Unit Power Sales Agreement dated August 17, 1988 among Jacksonville Electric Authority and Southern Companies. Specifically, the letter agreement contains an amended and restated Section 5.5, which governs the establishment of an initial return on common equity when the unit power sales commence on June 1, 1993. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. 19. Milford Power Limited Partnership [Docket No. ER93-493-O00 April 2, 1993. Take notice that Milford Power Limited Partnership (Milford), on March 26, 1993, tendered for filing its proposed initial Rate Schedule FERC No. 2. The proposed initial Rate Schedule No. 2 would allow Milford to charge non-cost-based negotiated rates for non- firm energy sales and short and long- term sales of capacity and associated energy from its facility located in the Town of Milford, Massachusetts. Comment date: April 6, 1993, in accordance with Standard Paragraph E at the end of this notice. 20. Southern Company Services, Inc. IDocket No. ER93-489-000l April 2, 1993. Take notice that on March 25, 1993, Southern Company Services, Inc., acting as agent for Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, and Savannah Electric and Power Company, submitted for filing a letter agreement dated February 19, 1993 revising the Unit Power Sales Agreement dated July 20, 1988 among Florida Power & Light Company and Southern Companies. Specifically, the letter agreement contains an amended and restated § 5.5, which governs the establishment of an initial return on common equity when the unit power sales commence on June 1, 1993. Comment date: April 16, 1993, in accordance with Standard Paragraph E at the end of this notice. Standard Paragraphs E. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procdure (18 CFR 385.211 and 385.214). All such motions or protests should be filed on or before the comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to Intervene. Copies of this filing are on file with the Commission and are available for public inspection. Lois D. Cashell, Secretary. [FR Doc. 93-8341 Filed 4-8-93; 8:45 am) BILLuNG CODE -17-01-U [Project No. 2246-022, et ml.] Hydroelectric Applications [Yuba County Water Agency, et al.); Notice of Applications Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. Type of Application: Application to Revise Project Recreation Plan. b. Project No.: 2246-022. c. Date Filed: February 26, 1993. d. Applicant: Yuba County Water Agency. e. Name of Project: Yuba River Development Project. f. Location: Yuba County, California. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. Sec. 791(a)-825(r). h. Applicant Contact: Mr. Donn Wilson, Engineer-Administrator, Yuba County Water Agency, 1402 D Street, Marysville, CA 95901-422, (916) 741- 6278. -i. FERC Contact: Dan Hayes, (202) 219-2660. Comment Date: May 6, 1993. kDescription of Project: Yuba County Water Agency, licensee for the Yuba River Development, filed an application to revise its project recreation plan. The plan will result in renovation and expansion of certain recreation facilities in and around the lake and closure of certain informal access points. 1. This notice also consists of the following standard paragraphs: B, C, and D2. 2a. Type of Application: Approval of Plan for Construction of Recreation Facilities. b. Project No.: 2320-006. c. Date Filed: March 5, 1993. d. Applicant: Niagara Mohawk Power Company. e. Name of Project: Raquette Project. f. Location: Raquette River, St. Lawrence County, New York. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)--825(r). h. Applicant Contact: Mr. Sam S. Hirschey, Lead Engineer, Hydro Licensing and Regulatory Compliance, Niagara Mohawk Power Company, 300 Erie Boulevard West, Syracuse, NY 13202, (315) 428-5561. i. FERC Contact: Heather Campbell, (202) 219-3097. j Comment Date: May 3, 1993. Description of Project: Niagara Mohawk Power Company licensee for the Raquette Project, requests Commission approval of a plan to construct recreation facilities at the Higley Development. The licensee proposes to construct a boat ramp accommodatini trailer-mounted boats. The area is adjacent to an existing recreation area known as Big Rock Park. I. This notice also consists of the following standard paragraphs: B, C, and D2. 3a. Type of Application: New Major License < 5 MW. b. Project No.: 2411-005.#
Attachment 1, passage 56Federal Register Vol. 58, No. 67 I Friday. April 9. 1993 / Notices 18385 c. Date filed: December 24, 1991. d. Applicant: STS Hydropower, Ltd. and Dan River, Inc. e. Name of Project: Schoolfield Dam Hydroelectric Project. f. Location: On the Dan River in the city of Danville, Virginia. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. § 791(a)-825(r). h. Applicant Contact: Mr. Mark J. Sundquist, President, STS Hydropower, Ltd., 111 Pfingsten Road, Northbrook, IL 60062, (708) 272-6520. i. FERC Contact: Mr. Hector Perez, (202) 219-2843. j. Comment Date: Sixty days from the date of this Notice. (May 7, 1993) k. Status of Environmental Analysis: This application is ready for environmental analysis at this time-see attached paragraph D9. 1. Description of Project: The run-of- river project consists of: (1) A 25-foot- high concrete dam consisting of a 910- foot-long ogee spillway topped with 3- foot-high flashboards; (2) a 67-foot-long fishway; (3) a 90-acre impoundment; (3) a powerhouse containing three generating units with a total installed capacity of 4,550 kW; (4) a transmission line interconnection; and (5) appurtenant facilities. The Applicant is not proposing any changes to the existing project works as licensed. m. Purpose of Project: All energy generated by the project would be sold to Virginia Power. n. This notice also consists of the following standard paragraph: D9. o. Available Locations of Application: A copy of the application, as amended and supplemented, is available for inspection and reproduction at the Commission's Public Reference and Files Maintenance Branch, located at 941 North Capitol Street, NE., room 3104, Washington, DC 20426, or by calling (202) 208-1371. A copy is also available for inspection and reproduction at STS Hydropower, Ltd., located at 111 Pfingsten Road, Northbrook, Illinois 60062, or by calling Mr. Mark J. Sundquist at (708) 272- 6520. 4a. Type of Application: New License. b. Project No.: 2446-001. c. Date filed: December 27, 1991. d. Applicant: Commonwealth Edison Company. e. Name of Project: Dixon. f. Location.On the Rock River, at the town of Dixon, in Lee County, Illinois. g. Filed Pursuant to: Federal Power Act 16 USC §§ 791(a)-825(r). h. Applicant Contact: Mr. J. S. Graves. Commonwealth Edison Company, P.O. Box 767, Chicago, IL 60690-0767, (312) 294-3545. . FERC Contact: Michael Spencer at (202) 219-2846. j. Comment Deadline: Sixty days from the issuance date of the notice. (May 3, 1993) k. Status of Environmental Analysis: This application is ready for environmental analysis at this time-see attached paragraph D9. L. Description of Project: The project would consist of. (1) the 15.7-foot-high rockfilled timber crib dam; (2) a reservoir with a surface area of 800 acres; (3) a powerhouse containing five generating units with a combined installed capacity of 3,200 kW and an average annual generation of 12,400 MWh; (4) a 1.5-mile-long, 34.5-kV transmission line, and (5) appurtenant facilities. The licensee is not proposing any changes to the existing project works. m. Purpose of Project: All project energy generated would be utilized by the licensee. n. This notice also consists of the following standard paragraphs: D9. o. Available Locations of Application: A copy of the application, as amended and supplemented, is available for inspection and reproduction at the Commission's Public Reference and Files Maintenance Branch, located at 941 North Capitol Street, NE., room 3104, Washington, DC 20426, or by calling (202) 208-1371. A copy is also available for inspection and reproduction at the Commonwealth Edison Company, located at 125 South Clark Street, Chicago, Illinois 60690- 0767, or by calling Mr. J. S. Graves, at (312) 294-3545. 5a. Type of Application: Subsequent License (see 18 CFR 16.2(e) for definition). b. Project No.: 2541-004. c. Dated filed: December 18, 1991. d. Applicant: Cascade Power Company. e. Name of Project: Cascade Hydroelectric Project. f. Location: On the Little River, a tributary of the French Broad River, in Transylvania County, North Carolina, near the town of Brevard.. ' g. Filed Pursuant to: Federal Power Act, 16 U.S.C. §§ 791(a)-825(r). h. Applicant Contract: C.W. Pickelsimer, Jr., President, Cascade Power Company, P.O. Box 1137, Brevard, NC 28712, (704) 884-9011. Mr. John Boaze, Fish and Wildlife Associates, Inc., P.O. Box 241, Whittier, NC 28789, (704) 497-6505. i. FERC Contact: Ms. Deborah Frazier- Stutely (202) 219-2842. j. Comment Date: Sixty days from the issuance date of this notice. (May 3, 1993). k. Status of Environmental Analysis: This application is ready for environmental analysis at this time--see attached paragraph D6. 1. Description of Project: The existing project would consist of: (1) A 58-foot- high, 240-foot-long concrete arch dam with a 5-foot-high concrete parapet wall with a crest elevation at 2,227 feet msl; (2) a 33-foot-long concrete spillway consisting of 2-inch by 2-inch flashboards, and rods; (3) a 2.3-foot by 4.5-foot rectangular bypass through dam, controlled by a rectangular slide gate; (4) the 64 acre Cascade Lake with a storage capacity of 1,590 feet with a crest elevation at 2,227 feet, msl; (5) an intake structure with rectangular slide gates and a 9.7-foot-wide by 30-foot-long steel bar screen; (6) a 6.35-foot-diameter, 984-foot-long wood stave penstock; (7) a 12.5-foot-diameter, 35-foot-high. concrete and brick masonry surge tank; (8) a 5-foot-diameter, 75-foot-long steel penstock; (9) a brick masonry powerhouse containing two generating units with a combined capacity of 960 kW; (10) a tailrace; and (11) related facilities. Cascade Power Company maintains the Little River Camping Resort, a public fee collecting, recreation area with campsites, water, toilets, bathhouses, a sewage dumping station, camp store, a swimming lake with shoreline play area and boat launching ramp to Cascade reservoir. The project generates on an average 4,850,000 kilowatthours of energy annually. m. Purpose of Project: Project power is sold to Duke Power Company. n. This notice also consists of the following standard paragraphs: Bi and D6. o. Available Locations of Applications: A copy of the application, as amended and supplemented, is available for inspection and reproduction at the Commission's Public Reference and Files Maintenance Branch, located at 941 North Capitol Street, NE., room 3104, Washington, DC 20426, or by calling (202) 208-1371. A copy is also available for inspection and reproduction at the applicant's office (see item (h) above). 6a. Type of Application: Surrender of License. b. Project No.: 8718-008. c. Date filed: March 8, 1993. d. Applicant: Dan J. Brutger. e. Name of Project: Lewis Creek Project. f. Location: Lewis Creek, near Emigrant in Park County, Montana. g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).#
Attachment 1, passage 5718386 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices h. Applicant Contact: Mr. George L. Smith, Smith and Associates, Post Office Box 51016, Idaho Falls, ID 83405, (208) 529-8115. i. FERC Contact: Hank Ecton, (202) 219-2678. j. Comment Date: May 6, 1993. k. Description of Project Action: The license for this project, with a proposed capacity of 95 kilowatts, was issued on April 28, 1989. The licensee states that he cannot afford to develop the project. No construction has occurred, and the proposed site remains unaltered. I. This notice also consists of the following standard paragraphs: B, C, and D2. 7a. Type of Application: Surrender of License. b. Project No.: 8862-013. c. Date filed: March 4, 1993. d. Applicant: Coffeeville Hydroelectric Partners. e. Name of Project- Coffeeville Hydroelectric Project. f. Location: On the Tombigbee River near the town of Coffeeville, in Clark and Choctaw Counties, Alabama. g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r). h. Applicant Contact: Mr. Glenn Gaydar, Sithe Energies Inc., 135 East 57th Street, 23d Floor, New York, NY 10020, (212) 755-7600. Mr. William S. Fowler, Sigma Consultants Inc., 321 Boston Post Road, suite 2B, Sudbury, MA 01776. i. FERC Contact: Etta Foster, (202) 219-2679. j. Comment Date: May 3, 1993. k. Description of Proposed Project: The Licensee states that it has been unable to secure an acceptable power purchase contract for output from the project and it does not appear likely that such a contract will be available in the foreseeable future. No on-site construction has taken place under the license and no private or U.S. lands were impacted by studies conducted during the design process, nor were any lands or easements acquired. 1. This notice also cbnsists of the following standard paragraphs: B and C and D2. 8a. Type of Application: Minor License. b. Project No.: 8974-001. c. Date filed: December 30, 1985. d. Applicant: Southern New Hampshire Hydroelectric Development Corporation. e. Name of Project: Upper Factory Project. f. Location: On the Cocheco River, in Strafford County, New Hampshire. g. Filed Pursuant to: Federal Power Act 16 U.S.C. §§ 791(a)-825(r). h. Applicant Contact: Mr. John N. Webster, Southern New Hampshire Hydroelectric Development, P.O. Box 1073, Dover, NH 03820, (207) 384-5334. i. FERC Contact: Mary Golato (202) 219-2804. J. Deadline Date: See Paragraph D10. (May 3, 1993). k. Status of Environmental Analysis: This application is ready for environmental analysis at this time-see attached paragraph D10. 1. Description of Project: The proposed project would consist of: (1) A proposed reconstructed concrete gravity spillway dam; (2) a proposed reservoir with a surface area of 30 acres at the normal maximum surface elevation of 98.7 feet mean sea level; (3) two proposed 6-foot- diameter steel penstocks, each approximately 50 feet long; (4) a proposed woodframe powerhouse, 20 feet wide by 30 feet long by 30 feet high, containing (a) two proposed propeller turbines with hydraulic capacity ranges of 133 cfs to 225 cfs for the first unit and 35 cfs to 90 cfs for the second unit, providing a maximum plant hydraulic capacity of 315 cfs and (b) two proposed induction generators with ratings of 350 kilowatts (kW) and 150 kW providing a total plant rating of 500 kW; (5) a proposed 12.47-kilovolt primary transmission line approximately 2,200 feet long; and (6) proposed appurtenant facilities. m. Purpose of Project: All project energy generated would be utilized by the applicant for sale to its customers. n. This notice also consists of the following standard paragraphs: A4 and D10. o. Available Locations of Application: A copy of the application, as amended and supplemented, is available for inspection and reproduction at the Commission's Public Reference and Files Maintenance Branch, located at 941 North Capitol Street, NE., room 3104, Washington, DC 20426, or by calling (202) 219-1371. A copy is also available for inspection and reproduction at Mr. John N. Webster, P.O. Box 1073, Dover, NH 03820 (207) 384-5334. 9a. Type of Application: Transfer of License. b. Project No.: 9088-015. c. Date Filed: January 28, 1993. d. Applicant: John N. Webster. e. Name of Project: Lower Village Project. f. Location: On the Sugar River in the Town of Claremont in Sullivan County, New Hampshire. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. § 791(a)-825(r). h. Applicant Contact: Mr. John N. Webster, P.O. Box 178, South Berwick, ME 03908, (207) 384- 5334. Lower Village Hydroelectric, Limited Partnership, c/o John N. Webster, P.O Box 178, South Berwick, ME 03908, (207) 384-5334. i. FERC Contact: David Cagnon, (202) 219-2693. J. Comment Date: May 6, 1993. k. Description.of Project: John N. Webster proposes to transfer the license for the Lower Village Power Project No. 9088 to Lower Village Hydroelectric Associates, Limited Partnership. This limited partnership was formed by John N. Webster for the purpose of financing the development of the project. 1. This notice also consists of the following standard paragraphs: B, and C. 10a. Type of Application: Major License. b. Project No.: 11286-000. c. Date Filed: May 4, 1992. d. Applicant: City of Abbeville, South Carolina. e. Name of Project: Abbeville Hydroelectric Project. f. Location: On the Rocky River, in Abbeville and Anderson Counties, South Carolina. g. Filed Pursuant to: Federal Power Act 16 U.S.C. §§ 791(a)-825(r). h. Applicant Contact: David H. Krumwiede, City Manager, P.O. Box 40, Abbeville, South Carolina 29620, (803) 459-2109. i. FERC Contact: Mary C. Golato (dt), (202) 219-2804. . j. Deadline Date: May 7, 1993. k.Status of Environmental Analysis: This application is accepted for filing and is ready for environmental analysis at this time-see attached D4. 1. Description of Project: The constructed project consists of the following facilities: (1) An existing dam 500 feet long and 80 feet high; (2) an existing reservoir with a surface area of 1,425 acres and a gross storage capacity of 25,650 acre-feet; (3) an existing powerhouse containing two turbine- generating units having a total existing capacity of 2,800 kW; (4) an existing switchyard; and (5) appurtenant facilities. The owner of the project is the City of Abbeville. The average annual generation will be approximately 8.6 gigawatthours and the cost of the project is $459,040. m. Purpose of Project: All project energy generated would be utilized by the applicant for sale to its customers. n. This notice also consists of the following standard paragraphs: A3, A9, Bl and D4. o. Available Locations of Application: A copy of the application, as amended#
Attachment 1, passage 58Federal Register / VoL 58, No. 67 / Friday, April 9, 1993 1 Notices 18387 and supplemented, is available for inspection and reproduction at the Commission's Public Reference and Files Maintenance Branch, located at 941 North Capitol Street, NE., room 3104, Washington, DC 20426, or by calling (202) 219-1371. A copy is also available for inspection and reproduction at Mr. David Krumweide, P.O. Box 40, Abbeville, South Carolina 29620, (803) 459-2109. 11a. Type of Application: Major License (>5MW). b. Project No.: 10930-001. c. Date filed: June 29, 1992. d. Applicant: L.B. Industries, Inc. e. Name of Project: Kanaka Rapids Water Power Project. f. Location: On the Snake River at river mile 592 (near Kanaka Rapids) in Twin Falls and Gooding Counties Idaho, near the town of Buhl. T.9S., R.14E., section 3 and 10, Boise Meridian. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r). h. Applicant Contact: Mr. Larry Falkner, L.B. Industries, Inc., 1401 Shoreline Drive, P.O. Box 2797, Boise, ID 83701, (208) 345-7515. Carl L. Myers, PE, Myers Engineering Company, P.A., 750 Warm Springs Avenue, Boise, ID 83712, (208) 336- 1425. Mr. Lee Sherline, Consultant, 207 Park Avenue, suite 101, Falls Church, VA 22046-4312, (703) 536-5401. i. FERC Contact: Ms. Deborah Frazier- "Stutely, (202) 219-2842. Comment Date: May 6, 1993. Description of Project:.The proposed run-of-river project would consist of: (1) A side channel turnout and natural rock sill intake at elevation 2,917 feet msl; (2) an 800-foot-long, 20- foot-deep unlined earth canal; (3) a 160- foot-long ogee spillway, with a normal water crest elevation of 2,920.50 feet; (4) a 1,450-foot-long, 19-foot-deep concrete lined canal, with a bottom width of 35 feet; (5) a 39-foot-long. 50-foot-high, 92- foot-wide reinforced concrete powerhouse with trashrack, headgate, entry chamber, and two generating units with a combined installed capacity of 6,300 kW, operating under a net head of 27 feet; (6) a switchyard; (7) a 138-kV, 4,600-foot-long transmission line tying into an existing Idaho Power Company system; and (8) related facilities. The project would generate approximately 40.9 GWh of energy annually. The applicant also proposes to provide public access signs, foot paths, a picnic area with parking, and upgrade existing jeep trails as recreational enhancement at the project site. 1. Purpose of Project: The applicant proposes to sell the project power to Idaho Power Company or another utility in the relion. m. This notice also consists of the following standard paragraphs: A2, Ag, B1, D. n. Available Locations of Applications: A copy of the application, as amended and supplemented, is available for inspection and reproduction at the Commission's Public Reference and Files Maintenance Branch, located at 941 North Capitol Street, NE., room 3104, Washington, DC 20426, or by calling (202) 208-1371. A copy is also available for inspection and reproduction at the applicant's office (see item (h) above). 12a. Type of Application: Preliminary Permit. b. Project No: 11381-000. c. Datefiled: February 4, 1993. d. Applicant: Douglas Power Company, Inc. e. Name of Project: East Fork Carson River Power Project. f. Location: On East Fork Carson River, near the town of Gardnerville, in Douglas County, Nevada. Sections 25, 35, and 36 in T12N, R20E. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a) - 825(r). h. Applicant Contact: Mr. David L Pruett, Douglas Power Company, Inc., 859 Hwy #95, Gardnerville, NV 89410, (702) 265-2095. i. FERC Contact: Mr. Michael Strzelecki, (202) 219-2827. . Comment Date: May 14, 1993. k Description of Project: The proposed project would consist of: (1) The applicant's existing 30-foot-high dam and 5-acre reservoir; (2) the replacement of the applicant's existing 100-foot-long penstock (3) a powerhouse containing one generating unit with an installed capacity of 700 kW; (4) a 0.5-mile-long transmission line interconnecting with an existing Sierra-Pacific Power Company transmission line; and appurtenant facilities. No new access roads will be needed to conduct the studies. The approximate cost of the studies would be $50,000. 1. This notice also consists of the following standard paragraphs: AS, A7, A9, A10, B, C, and D2. a. Type of Application: Preliminary Permit. b. Project No.: 11382"000. c. Datefiled: February 10, 1993. d. Applicant: Hammond Hydroelectric Company. e. Name of Project: Big Creek Project. f. Location: On Big Creek, in Custer and Lomhi Counties, Idaho, utilizing lands of the United States managed by the Bureau of Land Management and the FOrest Service, Sections 18 through 22, T 13 N, R 24 E. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a) -825 (r). h. Applicant Contact: Mr. Jack S. Hammond, P.O. Box 460, Troy, ID 83871-0460, (208) 835-8443. i. FERC Contact: Mr. Hector M. Perez, (202) 219-2843. j. Comment Date: May 6, 1993. k. Description of Project: The proposed project would consist of: (1) A new diversion structure; (2) a 16,000- foot-long, 48-inch-diameter steel penstock; (3) a powerhouse containing one generating unit with an installed capacity of 2.000 kW; (4) two 500-foot- long, 48-inch-diameter tailrace pipe; and (5) appurtenant facilities. This notice also consists of the following standard paragraphs: A5. A7, A9, A10, B, C, and D2. Standard Paragraphs: A2. Development Application-Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified deadline date for the particular application, a competing development application, or a notice of intent to file such an application. Submission of a timely notice of intent allows an interested person to file the competing development application no later than 120 days after the specified deadline date for the particular application. Applications for preliminary permits will not be accepted in response to this notice. A3. Development Application-Any qualified development applicant desiring to file a competing application must submit to the Commission, on or before the specified comment date for the particular application, a competing development application, or a notice of intent to file such an application. Submission of a timely notice of intent allows an interested person to file the competing development application no later than 120 days after the specified comment date for the particular application. Applications for preliminary permits will not be accepted in response to this notice. A4. Development Application-Public notice of the filing of the initial development application, which has already been given, established the due date for filing competing applications or notices of intent. Under the Commission's regulations, any competing development application must be filed in response to and in compliance with public notice of the initial development application. No competing applications or notices of intent may be filed in response to this notice.#
Attachment 1, passage 5918388 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices A5. Preliminary Permit-Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b)(1) and (9) and 4.36. A7. Preliminary Permit-Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely - notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b)(1) and (9) and 4.36. A9. Notice of intent-A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. A10. Proposed Scope of Studies under Permit-A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit will be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. B. Comments, Protests, or motions to Intervene-Anyone may submit comments, a protest, or a motion to intervene in accordance with the -requirements of the Rules and Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. BI. Protests or Motions to Intervene- Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application. C. Filing and Service of Responsive Documents-Any filings must bear in all capital letters the title "COMMENTS", "NOTICE OF INTENT TO FILE COMPETING APPLICATION", "COMPETING APPLICATION", "PROTEST", "MOTION TO INTERVENE", as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Project Review, Federal Energy Regulatory Commission, Room 1027, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. D2. Agency Comments- Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant.If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. D4. Filing and Service of Responsive Documents-The application is ready for environmental analysis at-this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions. The Commission directs, pursuant to §4.35(b) of the regulations (see Order No. 533 issued May 8, 1991, 56 FR 23108, May 20, 1991) that all comments, recommendations, terms and conditions and prescriptions concerning the application be filed with the Commission within 60 days from the issuance date of this notice (May 7, 1993 for Project No. 11286-000). All reply comments must be filed with the. Commission within 105 days from the date of this notice (une 21, 1993 for Project No. 11286-000). Anyone may obtain an extension of time for these deadlines from the Commission only upon a showing of good cause or extraordinary circumstances in accordance with 18 CFR 385.2008. All filings must (1) bear in all capital letters the title "PROTEST", "MOTION TO INTERVENE", "NOTICE OF INTENT TO FILE COMPETING APPLICATION," "COMPETING APPLICATIONS," "COMMENTS," "REPLY COMMENTS," "RECOMMENDATIONS," "TERMS AND CONDITIONS," or "PRESCRIPTIONS;" (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Any of these documents must be filed by providing the original and the number of copies required by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Project Review, Office of Hydropower Licensing, Federal Energy Regulatory Commission, Room 1027, at the above address. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.#
Attachment 1, passage 60Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18389 D6. Filing and Service of Responsive, Documents-The application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions. The Commission directs, pursuant to § 4.34(b) of the regulations (see Order No. 533 issued May 8, 1991, 56 FR 23108, May 20, 1991) that all comments, recommendations, terms and conditions and prescriptions concerning the application be filed with the Commission within 60 days from the issuance date of this notice. (May 3, 1993 for Project No. 2541-006). All reply comments must be filed with the Commission within 105 days from the day of this notice. (June 21, 1993 for Project No. 2541-006). Anyone may obtain an extension of time for these deadlines from the Commission only upon a showing of good cause or extraordinary circumstances in accordance with 18 CFR 385.2008. All filings must (1) bear in all capital letters the title "PROTEST", "MOTION TO INTERVENE", "COMMENTS," "REPLY COMMENTS," "RECOMMENDATIONS," "TERMS AND CONDITIONS," or "PRESCRIPTIONS;" (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Any of these documents must be filed by providing the original and the number of copies required by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Project Review, Office of Hydropower Licensing, Federal Energy Regulatory Commission, Room 1027, at the above address. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and ,385.2010. D8. Filing and Service of Responsive Documents-The application is not ready for environmental analysis at this time; therefore, the Commission is not now requesting comments, recommendations, terms and conditions, or prescriptions. When the application is ready for environmental analysis, the Commission will issue a public notice requesting comments, recommendations, terms and conditions, or prescriptions. All filings must (1) bear in all capital letters the title "PROTEST" or "MOTION TO INTERVENE," "NOTICE OF INTENT TO FILE COMPETING APPLICATION," or "COMPETING APPLICATION;" (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. Any of these documents must be filed by providing the original and the number of copies required by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Project Review, Office of Hydropower Licensing, Federal Energy Regulatory Commission, Room 1027, at the above address. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. D9. Filing and Service of Responsive Documents-The application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions. The Commission directs, pursuant to §4.34(b) of the regulations (see Order No. 533 issued May 8, 1991, 56 FR 23108, May 20, 1991) that all comments, recommendations, terms and conditions and prescriptions concerning the application be filed with the Commission within 60 days from the issuance date of this notice. (May 3, 1993 for Project No. 2446-001; May 7, 1993 for Project No. 2411-005). All reply comments must be filed with the Commission within 105 days from the date of this notice. (June 16, 1993 for Project No. 2446-001; June 21, 1993 for Project No. 2411-005)." Anyone may obtain an extension of time for these deadlines from the Commission only upon a showing of good cause or extraordinary circumstances in accordance with 18 CER 385.2008. I"4%1 filings must (1) bear in all capital letters the title "COMMENTS", "REPLY COMMENTS", "RECOMMENDATIONS," "TERMS AND CONDITIONS," or "PRESCRIPTIONS;" (2) set forth in the heading the name of the applicant and, the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person submitting the filing; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Any of these documents must be filed by providing the original and the number of copies required by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Project Review, Office of Hydropower Licensing, Federal Energy Regulatory Commission, Room 1027, at the above address. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. D10. Filing and Service of Responsive Documents-The application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions. The Commission directs, pursuant to section 4.34(b) of the regulations (see Order No. 533 issued May 8, 1991, 56 FR 23108, May 30, 1991) that all comments, recommendations, terms and conditions and prescriptions concerning the application be filed with the Commission within 60 days from the issuance date of this notice. (May 3, 1993 for Project No. 8974-001). All reply comments must be filed with the Commission within 105 days from the date of this notice. (June 16, 1993 for Project No. 8974-001). Anyone may obtain an extension of time for these deadlines from the Commission only upon a showing of good cause or extraordinary#
Attachment 1, passage 6118390 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 I Notices circumstances in accordance with 18 CFR 385.2008. All filings must (1) bear in all capital letters the title "COMMENTS", "REPLY COMMENTS", "RECOMMENDATIONS," "TERMS AND CONDITIONS," or "PRESCRIPTIONS;' f (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person submitting the filing; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Any of these documents must be filed by providing the original and the number of copies required by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Project Review, Office of Hydropower Licensing, Federal Energy Regulatory Commission, Room 1027, at the above address. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. Dated: April 5, 1993, Washington, DC. Lois D. Cashell, Secretary. [FR Doc. 93-8323 Filed 4-8-93; 8:45 an] BILUNG CODE 6717-01-N [Docket No. RM87-17-0O0] Natural Gas Data Collection System; Notice of Availability of Revised Edit- Checking Software for the FERC Form No. 2 Issued April 5, 1993. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice of availability of revised edit-checking software for the FERC Form No. 2. SUMMARY: Revised and enhanced PC software for edit-checking of the structured data file for the FERC Form No. 2, Annual Report of Major Natural Gas Companies, is now available. The software is being Issued to enable FERC Form No. 2 respondents to accomplish certain automated validations of the Form No. 2 data prior to submission. This version of software corrects deficiencies in the previous version (released 2/11/91) and includes several new menu options to display and edit the electronic Form No. 2 data file. DATES: The revised PC software and the User's Manual are available on April 5, 1993. ADDRESSES: For information on obtaining the revised software and documentation, please contact the: Public Reference & Files Maintenance Branch, Federal Energy Regulatory Commission, 941 North Capitol Street, NE., room 3104, Washington, DC 20426, (202) 208-1371. FOR FURTHER INFORMATION CONTACT: For information relating to the execution of this software, contact James Krug at (202) 208-0677. SUPPLEMENTARY INFORMATION: Revised PC software (executable code) is now available to provide for edit-checking of the structured electronic data file of the FERC Form No. 2 when filed in accordance with the Form No. 2 instructions and record formats as revised and issued on February 11, 1991. This edit-checking program was developed for Commission use and to assist major pipelines in complying with the electronic submission requirement for the FERC Form No. 2 pursuant to Order Nos. 493 (53 FR 15,025 (Apr. 27, 1988)), 493-A (53 FR 30,027 (Aug. 10, 1988)), 493-B (53 FR 49,652 (Dec. 9, 1988)), 493-C (54 FR ,21,197 (May 17, 1989)) and 493-D (58 FR 7,985 (February 3, 1993)). A complete list of the edit-checks are found in appendix A of the User's Manual. The edit-checking software was written in the C programming language and can be run on an IBM-compatible PC with 640 RAM, DOS 3.3 or later version and a fixed (hard) disk. The software and documentation is available on one 3.5" (1.44MB) or 5.25" (1.2MB) double-sided, high density diskette. The User's Manual is included on the diskette as an ASCII file and is also available in paper format. The software has been tested by staff. However, if problems occur relating to the use of this software, the Commission staff encourages users to submit written comments as to the exact nature of the problem to James M. Krug, room 6010, Office of Pipeline and Producer Regulation, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, The software and documentation can be purchased on diskette: (1) By written request to the Commission, Federal Energy Regulatory. Commission, 825 N. Capitol Street, NE., Washington, DC 20426, ATTN: Mr. William McDermott, Chief Public Reference & Files Branch. Please enclose a check, payable to LaDorn System Corporation for $7.00 per diskette ordered and $3.40 to cover postage and handling. Allow 10-14 days for processing and delivery. (2) Directly from LaDorn System Corporation at the cashier's window in the Commission's Public Reference Room for $7.00 per diskette plus applicable sales tax, if any. The Public Reference Room is located on the third floor, 941 N. Capitol Street, NE., Washington, DC. (3) By telephone request to LaDorn Energy Information Services at 1-800- 676-FERC. Orders placed by phone will be assessed charges as follows: (a) 25.00 processing fee, (b) $7.00 per diskette ordered, and (c) Cost of shipping and handling. (The requestor will have a choice of regular mail, 2-Day Express Mail or Federal Express). The documentation is also available in hardcopy (paper) form. Please contact the Commission's Public Reference & Files Maintenance Branch on (202) 208- 1371 for information and the cost of purchasing the paper version. LaDom System Corporation employees cannot answer questions regarding the use or operation of the software. Any questions concerning operation and use of the Form No. 2 edit-checking software should be directed to the individual listed in the "FOR FURTHER INFORMATION CONTACT:" section of this notice. This notice is available through the Commission Issuance Posting System (CIPS), an electronic bulletin board service that provides access to formal documents issued by the Commission. CIPS is available at no charge to the user and may be accessed on a 24-hour basis using a personal computer with a modem. Your communications software should be set at full duplex, no parity, eight data bits and one stop bit. To access CIPS at 300, 1200 or 2400 baud dial (202) 208-1397. For access at 9600 baud dial (202) 208-1781. FERC is using U.S. Robotics HST Dual Standard modems. If you have any problems, please call (202) 208-2474. This notice will be available on CIPS for 30 days from the date of issuance of the notice. In addition to publishing the text of this notice in the Federal Register, the Commission also provides all interested persons an opportunity to inspect or copy the contents of this notice during normal business hours in the Public Reference & Files Maintenance Branch (Room 3104) at the Commission's#
Attachment 1, passage 62Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18391 headquarters, 941 North Capitol Street, NE., Washington, DC 20426. .Lois D. Cashell, Secretary. [FR Doc. 93-8322 Filed 4-8-93; 8:45 am] BIING CODE 6717-01-4 [Docket No. EL91-2-002] Northern States Power Co.; Notice of Filing April 5, 1993. Taken notice that on March 5, 1993, Northern States Power Company (Northern States) tendered for filing a refund report in the above-referenced docket. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 18 CFR 285.214). All such motions or protests should be filed in or before April 15, 1993. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Copies for this filing are on file with the Commission and are available for public inspection. Lois D. Cashell, Secretary. [FR Doc. 93-8319 Filed 4-8-93; 8:45 am] BILUNG CODE 6717-01-M [Docket No. ER93-328-001] Orange & Rockland Utilities, Inc.; Notice of Filing April 5, 1993. Take notice that on March 18, 1993, Orange & Rockland Utilities, Inc. (O&R) tendered foi filing Supplement No. I to Rate Schedule FERC No. 60; and Supplement No. 2 to Rate Schedule FERC No. 61. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR'385.211 and 18 CFR 385.214). All such motions or protests should be filed on or before April 14, 1993. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. Lois D. Cashell, Secretary. [FR Doc. 93-8318 Filed 4-8-93; 8:45 am] BILUNO CODE 6717-01-N [Project No. 10983-001 Oregon] Russell Canyon Corp.; Surrender of Preliminary Permit April 5, 1993. Take notice that Russell Canyon Corporation, permittee of the Bryant Mountain Hydroelectric Pumped Storage Project No. 10983, has requested that its permit be terminated. The permit was issued March 20, 1992. The project would have been located on the Klamath Irrigation District's "D" canal in Klamath County, Oregon. The permittee filed the request on March 22, 1993, and the permit for Project No. 10983 shall remain in effect through the thirtieth day after issuance of this notice unless that day is a Saturday, Sunday, or holiday as described in 18 CFR 385.2007, in which case the permit shall remain in effect through the first business day following that day. New applications involving this project site, to the extent provided for under 18 CFR part 4, may be filed on the next business day. Lois D. Cashell, Secretary. [FR Doc. 93-8316 Filed 4-8-93; 8:45 am] BILUNG CODE 6717-01-M [Docket No. ER93-600-)00] Public Service Electric and Gas Co.; Notice of Filing April 5, 1993. Take notice that Public Service Electric and Gas Company (PSE&G) of Newark, New Jersey on March 29, 1993, tendered for filing an Agreement for the sale of Capacity and Energy to Central Hudson Gas and Electric Company (CHG&E) to provide replacement power for generating units (Roseton) damaged in a fire on March 18, 1993. Pursuant to the Agreement, PSE&G proposes to begin selling power immediately in an effort to provide relief to CHG&E; the Agreement will continue beyond the emergency period until notice of termination is served by either party under the terms of the contract. PSE&G request the Commission to waive its notice requirements under Section 35.3 of its Ruls and to permit the Capacity and Energy Sales Agreement to become effective immediately. . Copies of the filing have been served upon CHG&E and interested state commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or protests should be filed on or before April 19, 1993. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. Lois D. Cashell, Secretary. [FR Doc. 93-8321 Filed 4-8-93; 8:45 am] BILUNG CODE 6717-01-M [Docket No. ER93-157-000] Puget Sound Power & Light Co.; Notice of Filing April 5. 1993. Take notice that on March 30, 1993, Puget Sound Power & Light Company (Puget) tendered for filing an amendment in the above-referenced docket. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or protests should be filed on or before April 19, 1993. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the#
Attachment 1, passage 6318392 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Commission and are available for public inspection. Lois D. CasheU, . .Secretary. [FR Doc. 93-8320 Filed 4-8-93; 8:45 am] BLIJNG CODE 0717-01- [Docket No. CP92-285-001" Richfield Gas Storage System; Filing of Substitute Initial FERC Gas Tariff April 5, 1993. Take notice that on April 1, 1993, Richfield Gas Storage System, (Richfield) filed its Substitute Initial FERC Gas Tariff, Volume No. 1, Sheets 1 to 42. Richfield seeks authorization to make its initial tariff effective on April 15, 1993. The Substitute Tariff is intended to restate and replace Richfield's Initial Tariff which was filed on March 11, 1992. Richfield says that the purpose of the filing is to eliminate technical errors in the earlier version and to add a provision for short-term capacity release. Richfield says that copies of this filing were served on the company's jurisdictional customers and affected state commission as required by § 154.16(b) of the Commission's Regulations. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, NE., ' Washington, DC 20426, in accordance with Rule 211 of the Commission's Rules of Practice and Procedure 18 CFR 385.211. All such protests should be filed on or before April 12, 1993. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. Lois D. Cashell, Secretary. [FR Doc. 93-8317 Filed 4-8-93; 8:45 am) BILUNO CODE P717-01-M [Docket No. ER93-494-000] Toledo Edison Co.; Filing April 5, 1993. Take notice that on March 26, 1993, The Toledo Edison Company (Toledo Edison) tendered for filing a new Rate Schedule K to the Interconnection and Service Agreement between Toledo Edison and American Municipal Power- Ohio, (AMP-Ohio), which was effective for service rendered by Toledo Edison to AMP-Ohio from December 1, 1989. Toledo Edison states that the new Rate Schedule K reflects the change of delivery point for service rendered to AMP-Ohio at the City of Bowling Green. This filing provides information on a contribution in aid of construction project. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or protests should be filed on or before April 19, 1993. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. Lois D. Cashell, Secretary. [FR Doc. 93-8315 Filed 4-8-93; 8:45 am] BILUNG CODE P17-01-U Southeastern Power Administration Georgia-Alabama-South Carolina System of Projects AGENCY: Southeastern Power Administration (Southeastern), DOE. ACTION: Notice. SUMMARY: Southeastern proposes to extend existing schedules of rates and charges applicable to the sale of power from the Georgia-Alabama-South Carolina System of Projects effective for a 3-year period, October 1, 1993, through September 30, 1996. These schedules are set forth at 56 FR 26585 (une 5, 1991). DATES: Written comments are due on or before May 26, 1993. A public information and comment forum will be held in Atlanta, Georgia, on May 11, 1993. Persons desiring to speak at the forum should notify Southeastern by May 5. ADDRESSES: Five copies of written comments should be submitted to: Administrator, Southeastern Power Administration, Department of Energy, Samuel Elbert Building, Elberton, Georgia 30635. The public information and comment forum will begin at 10 a.m. on May 11, 1993, at the Sheraton Atlanta Airport Hotel, 1325 Virginia Avenue, Atlanta, Georgia 30344. Relevant documents are available for examination at the Samuel Elbert Building, Elberton, Georgia 30635. FOR FURTHER INFORMATION CONTACT: Leon Jourolmon, Director, Power Marketing Division, Southeastern Power Administration, Department of Energy, Samuel Elbert Building, Elberton, Georgia 30635, (706) 283-9911. SUPPLEMENTARY INFORMATION: This action must be completed before the existing rate schedules expire on September 30, 1993. Southeastern is proposing to extend all schedules approved by the Federal Energy Regulatory Commission in Docket No. EF90-3011-000 and 001 on April 3, 1991 and September 30, 1993, except that the surch~arge applicable to schedules SC-4-A, SC-5-A, CAR-4-A, and SCE-4-A would expire on September 30, 1993. The transmission charge for each schedule so extended would be the rate charged by the appropriate facilitators. The use of facilities credit previously allowed would expire on September 3, 1993 and all transmission rates would be subject to revision in accordance with current contracts. Issued at Elberton, Georgia, April 5, 1993. John A. McAllister, Jr., Administrator. [FR Doc. 93-8397 Filed 4-8-93; 8:45 am] BILLING COOE 50-0-M ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-4598-4] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared March 22, 1993 Through March 26, 1993 pursuant to the Environmental Review Process (ERP), under Section 309 of the Clean Air Act and Section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at (202) 260-5076. Summary of Rating Definitions Environmental Impact of the Action LO-Lack of Objections The EPA review has not identified any potential environmental impacts requiring substantive changes to the proposal. The review may have disclosed opportunities for application of mitigation measures that could be#
Attachment 1, passage 64Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18393 accomplished with no more than minor changes to the proposal. EC-Environmental Concerns The EPA review has identified environmental impacts that should be avoided in order to fully protect the environment. Corrective measures may require changes to the preferred alternative or application of mitigation measures that can reduce the environmental impact. EPA would like to work with the lead agency to reduce these impacts. EO--Environmental Objections The EPA review has identified significant environmental impacts that must be avoided in order to provide adequate protection for the environment. Corrective measures may require substantial changes to the preferred alternative or consideration of some other project alternative (including the no action alternative or a new alternativey. EPA intends to work with the lead agency to reduce these impacts. EO-Environmentally Unsatisfactory The EPA review has identified adverse environmental impacts that are of sufficient magnitude that they are unsatisfactory from the standpoint of public health or welfare or environmental quality. EPA intends to work with the lead agency to reduce these impacts. If the potentially unsatisfactory impacts are not corrected at the final EIS stage, this proposal will be recommended for referral to the CEQ. Adequacy of the Impact Statement Category 1-Adequate EPA believes the draft EIS adequately sets forth the environmental impact(s) of the preferred alternative and those of the alternatives reasonably available to the project or action. No further analysis or data collection is necessary, but the reviewer may suggest the addition of clarifying language or information. Category 2-Insufficient Information The draft EIS does not contain sufficient information for EPA to fully assess environmental impacts that should be avoided in order to fully protect the environment, or the EPA reviewer has identified new reasonably available alternatives that are within the spectrum of alternatives analyzed in the draft EIS, which could reduce the environmental impacts of the action. The identified additional information, data, analyses, or discussion should be included in the final EIS. Category 3-Inadequate EPA does not believe that the draft EIS adequately assesses potentially significant environmental impacts of the action, or the EPA reviewer has identified new, reasonably available alternatives that are outside of the spectrum of alternatives analyzed in the draft EIS, which should be analyzed in order to reduce the potentially significant environmental impacts. EPA believes that the identified additional information, data, analyses, or discussions are of such a magnitude that they should have full public review at a draft stage. EPA does not believe that the draft EIS is adequate for the purposes of the NEPA and/or Section 309 review, and thus should be formally revised and made available for public comment in a supplemental or revised draft EIS. On the basis of the potential significant impacts involved, this proposal could be a candidate for referral to the CEQ. Draft EISs ERP No. D-AFS--65199-MT Rating EC2, Upper Camp-Duncie Timber Sale, Harvesting Timber and Road Construction, Implementation, Deerlodge National Forest, Phillipshurg Ranger District, Granite County, MT. Summary: EPA expressed concern regarding confusion over project boundaries and analysis areas, sediment loading and air quality. EPA requested that additional discussion of these issues be included in the FEIS. ERP No. D-AFS-L65189-ID Rating EC2, Steen Creek Salvage Timber Sale, Salvage Harvest Timber and Possible Road Construction, Payette National Forest, Adams County, ID. Summary: EPA had concerns with potential water quality impacts; the need for broader air quality impact analysis; the need for complete monitoring and mitigation discussions; and the need for an expanded cumulative effects analysis. Additional information is requested to clarify compliance with state water quality standards; to disclose air quality impacts from prescribed burning; to outline monitoring and mitigation strategies; and to expand the cumulative effects analysis. ERP Nc?. D-CO-C3OrO9-NJ Rating EC2, Atlantic Coast of New Jersey, Beech Erosion Control Project, Implementation, Sandy Hook to Barnegat Inlet within the Borough of Asbury Park to Manasquan, Monmouth County, NJ. Summary: EPA expressed concerns regarding the validity of the project area analysis, as the DEIS did not reflect possible changes caused by borrow areas and nourishment sites were not sufficiently described. Final EISs ERP No. F-FHW-E40130-NC Hickory East Side Thoroughfare Transportation Improvement, US 127 to 1-40 east of Hickory and continuing to US 70 in the vicinity of Startown Road, Funding and COE Section 404 Permit, City of Hickory, Catawba County, NC. Summary- EPA expressed concern regarding water quality, wetland and upland impacts. EPA requested that additional mitigation be investigated. ERP No. F-NPS-K61185-NV Lake Mead National Recreation Area, Lakeshore Road/NV-166 - Reconstruction, Funding, Clark County, NV. Summary: Review of the Final EIS was not deemed necessary. No formal comment letter was sent to the preparing agency. Dated: April 6, 1993. William D. Dickersou, DeputyDirector, Office of FederalActivities [FR Doec. 93-8389 Filed 4-8-93; 8:45 am] LLING COOE U6S-5S-P [FRL-4612-3J Science Advisory Board; Pubic meetings Under Public Law 92-463, notice is hereby given of the following two Science Advisory Board (SAB) meetings. These meetings are open to the public; however, seating is limited and is on a first-come basis. 1. The Radiation Advisory Committee (RAC) will meet April 27-28.1993, Guest Quarters Suite Hotel, 100 South Reynolds Street, Alexandria, Virginia 22304, 703-370-9600. The meeting will begin at 9 a.m. on Tuesday April 27 and adjourn no later than 5 p.m. on Wednesday April 28. The draft agenda calls generally for discussion of waste issues on Tuesday and electric magnetic fields on Wednesday, as described below. (A) Tuesday's meeting will begin with consideration of naturally-occurring radioactive materials (NORM), including a briefing by the Office of Radiation and Indoor Air (ORIA) on their draft preliminary risk assessment, with the intention of conducting a review of the topic at the July 1993 RAC meeting.#
Attachment 1, passage 6518394 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices (B) Tuesday's meeting will continue with discussion and presentations concerning source terms and waste classification systems, a briefing on the activities of the Radon Science Initiative Subcommittee, and progress briefings on radon research related activities of the Office of Radiation and Indoor Air. (C) On Wednesday, the Agency will brief the RAC on progress towards implementing the recommendations found in its two earlier reports on electric and magnetic fields; i.e., EPA- SAB-RAC-92-013 (potential carcinogenicity) and hPA-SAB-RAC- LTR-92-009 (research needs); see (D) below for ordering information. RAC member Dr. Ricardo Gonzalez and ORIA staff will brief the Committee on the EPA's Radiofrequency Radiation Conference. Staff from the Office of Health Research will brief the Committee on Electric and Magnetic Fields: An EPA Perspective on Research Needs and Priorities for Improving Health Risk Assessment (EPA/600/9-91/ 016F), December 1992. Copies of this document are available from CERI (513) 569-7562. ORIA staff will update the RAC on the Office's citizen communication activities. The RAC will also begin planning for future reviews. (D) RAC member Dr. Oddvar Nygaard will lead a overview discussion on RAC reviews and Agency responses since the Committee's formation in 1985 and their implication for risk reduction. A list of RAC reports, with ordering numbers, can be obtained from Mrs. Dorothy Clark (202) 260-6552; the reports themselves are available by calling (202) 260-4126. (E) The Committee may also discuss other issues relating to environmental radiation. 2. The RAC's Radon Science Initiative Subcommittee will meet on May 20-21, 1993, Guest Quarters Suite Hotel, 100 South Reynolds Street, Alexandria, Virginia 22304, 703-370-9600. The meeting will begin at 9 a.m. on Thursday and adjourn no later than 4 p.m. on Friday. The Subcommittee will discuss written materials they have prepared as a result of their earlier meetings on radon research, including radon risk and exposure assessment, radon reduction, and radon communication. Copies of this material will be available to the public in May through Mrs. Diana Pozun (202/260- 6552). The proposed charge for the Subcommittee is: (a) What are the remaining important areas of scientific uncertainty that affect (1) the estimates of exposure and risk associated with radon, and (2) risk reduction strategies (such as mitigation)?; (b) broadly, what scientific efforts are currently underway, both within the Agency and outside, that would address these areas?; and (c) what are the priorities for near- and longer-term research needs for the Agency's own programs. Anyone wishing to provide written public comments for the April 27-28 meeting or the May 20-21 meeting should forward at least thirty-five copies to Mrs. Dorothy Clark or Mrs. Diana Pozun respectively. Both can be reached at (A-101F), Science Advisory Board, U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460. Copies of these statements received in the SAB Staff Office ten days prior to a meeting will be mailed to the Committee before that meeting; copies received after that date will be provided to the Committee at the meeting. Commenters should register with Mrs. Clark or Mrs. Pozun at least ten days before the meeting, being sure to specify at which meeting they wish to provide comments, the nature of the comments, and audiovisual requirements. Dated: April 1, 1993. A.R. Flaak, Acting Staff Director, Science Advisory Board. [FR Doc. 93-8396 Filed 4-8-93; 8:45 am] DILUNG CODE 60-6-P (ER-FRL-4598-3) Weekly Receipts of Environmental Impact Statements; Availability RESPONSIBLE AGENCY: Office of Federal Activities, General Information (202) 260-5076 OR (202) 260-5075. Weekly Receipts of Environmental Impact Statements Filed March 29, 1993 Through April 2, 1993 Pursuant to 40 CFR 1506.9. EIS No. 930105, FINAL EIS, AFS, MT, Beaver-Dry Timber Sales, Harvest Timber and Road Construction, Implementation, Helena National Forest, Lincoln Ranger District, Lewis and Clark and Powell Counties, MT. Due: May 10, 1993, Contact: Terry Eccles (406) 362-4265. EIS No. 930106, DRAFT EIS, COE, LA, Gulf of Mexico Waters Oyster Shell Dredging Project, COE Section 10 and 404 Permits, East Cote Blanche and Atchafalaya Bays, Terrebonne and St. Mary Parishes, LA, Due: May 28, 1993, Contact: Robert Rosenberg (504) 862-2522. EIS No. 930107, FINAL EIS, AFS, MS, W. W. Ashe Nursery Integrated Pests Management Plan, Implementation, DeSoto National Forest, Forest County, MS, Due: May 10, 1993, Contact: Sally Campbell (503) 326- 7755. EIS No. 930108, DRAFT EIS, APH, AL, CA, GA, MS, TX, AZ, FL, LA, SC, Medfly (Mediterranean Fruit Fly) Cooperative Eradication Program, Implementation, AL, AZ, CA, FL, GA, LA, MS, SC and TX, Due: May 24, 1993, Contact: Harold T. Smith (301) 436-8963. EIS No. 930109, DRAFT EIS, NOA, NC, FL, SC, GA, Shrimp Fishery Management Plan, Implementation, Exclusive Economic Zone (EEZ), South Atlantic Region, NC, SC, FL and GA, Due: May 24, 1993, Contact: Nancy Foster (301) 713-2239. EIS No. 930110, FINAL EIS, IBR, CA, Salinas Valley Seawater Intrusion Program, Long-Term Water Supply, Funding, COE Section 10 and 404 Permits, Salinas River, Castroville, Marina and Fort Ord Areas, Salinas Valley, Monterey County, CA, Due: May 10, 1993, Contact: Richard Cheline (916) 978-5002. EIS No. 930111, DRAFT EIS, BLM, OK, Oklahoma Comprehensive Land and Resource Management Plan for Oil and Gas Leasing and Development, Coal Tract Leasing, Townsite Disposal and Red River Management, Tulsa District, several Counties, OK, Due: July 2, 1993, Contact: Paul W. Tanner (405) 794-9624. EIS No. 930112, FINAL EIS, FAA, TN, Memphis International Airport, Construction and Operation, Runway 18L-36R, Relocation of Swinnea Road, portion of Winchester Road and Shelby Drive, Airport Layout Plan (ALP) Approval, Funding and Section 404 Permits, Shelby County, TN, Due: May 10, 1993, Contact: Peggy S. Kelley (901) 544-3495. EIS No. 930113, FINAL EIS, AFS, CA, Echo Summit Ski Area Site, Operation and Management, Issue Special Use Permit, El Dorado National Forest, Placerville Ranger District, El Dorado County, CA, Due: May 10, 1993, Contact: Diana Erickson (916) 622- 5061. EIS No. 930114, FINAL EIS, BOP, SC, Edgefield Low Security Federal Correctional Institution, Construction, Operation and Site Selection, Edgefield County, SC, Due: May 10, 1993, Contact: Patricia K. Sledge (202) 514-8697. EIS No. 930115, DRAFT SUPPLEMENT, USN, WA, Puget Sound Area Carrier Battle Group, Implementation, Updated Information on Element II Breakwater Pier, Everett Homeport Naval Station Project, Snohomish, King and Pierce Counties, WA, Due: May 24, 1993, Contact: Don Morris (206) 396-5976.#
Attachment 1, passage 66Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 1V395 EIS No. 930116, FINAL EIS, USN, MD, Naval Air Warfare Center Aircraft Division Base Realignment, Naval Air Station Patuxent River, St. Mary's. Calvert and Charles Counties, MD, Due: May 10; 1993; Contact: Mike Bryan (202) 433-3381. Amended Notices EIS No. 930041, DRAFT EIS, FRC, FL, MS, AL, LA, Florida Gas Transmission Phase I Expansion Project, Construction and Operation, Special Use Permits, Section 10 and 404 Permits and NPDES Permit, extending through Fl, AL, MS and LA, Due: May 20, 1993, Contact: Mark Jensen (202) 20&-1121. Published FR 2-19-93-Review period extended. Dated: April 6. 1993. William D. Dickerson, Deputy Director, Office of Federal Activities. [FR Doc. 93-8390 Filed 4-8-93; 8:45 am) BILLING CODE 658-"-U [FRL-4612-51 Science Advisory Board; Environmental Engineering Committee, MMSOILS Model Review Subcommittee Open Meeting Pursuant to the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the Science Advisory Board's (SAB's) MMSOILS Model Review Subcommittee (MMRS) of the Environmental Engineering Committee (EEC), will meet on Thursday, April 22 through Friday, April 23, 1993. On Thursday, April 22, 1993 the MMRS will meet from 9 a.m. and adjourn no later than 6 p.m. On Friday, April 23, 1993 the MMRS will meet starting at 8:30 a.m. and will adjourn no later than 4:30 p.m. The meeting will be held at the Guest Quarters Suite Hotel, 100 South Reynolds Street, Alexandria, VA 22304 (Hotel telephone number is (703) 370- 9600). The meeting is open to the public and seating will be on a first come basis. At this meeting, the MMRS will be briefed by Agency staff, including the Office of Research and Development (ORD) Staff, on specific elements of the Office of Solid Waste and Emergency Response (OSWER) fate and transport model (MMSOILS) used to predict environmental concentrations of contaminants with regard to the methodology used to predict environmental concentrations of contaminants, and implications that the model has on the human and ecological risk assessment being performed by the OSWER Office of Solid Waste (OSW) staff. The OSW staff are also requesting review of the methodology used in the contingent valuation (CV) study in the economic benefits analysis and residential property valuation study. This latter activity is being conducted by the SAB's Environmental Economics Advisory Committee (EEAC). The charge will address the following items related to the MMSOILS model: (1) The adequacy of methods for using a screening level model to characterize situations where there is a substantial subsurface heterogeneity or where non- aqueous phase contaminants are present, (2) Appropriateness of the Agency's approach for aggregating releases from solid waste management units (the source terms for the contaminant modeling) to estimate concentration at exposure points over time, (3) Adequacy of the Agency's approach for developing long term effectiveness and failure scenarios for site remedies, and (4) The implications of the fate and transport modeling assumptions on the ecological and human risk assessment. Any member of the public wishing further information, such as a proposed agenda should contact Dr. K. Jack Kooyoomjian, Designated Federal Official, or Mrs. Diana L. Pozun, Secretary, Science Advisory Board (A- 101-F), U.S. Environmental Protection Agency, Washington, DC 20460, at (202) 260-6552. Anyone wishing copies of the draft report entitled "MMSOILS: Multimedia Contaminant Fate, Transport, and Exposure Model," as well as the "Draft Regulatory Impact Analysis for the Final Rulemaking Corrective Action for Solid Waste Management Units: Proposed Methodology for Analysis," and its Appendices should contact the RCRA Hotline (1-800-424-9346). Anyone having a question on the OSWER review documents and issues should contact Ms. Linda Martin at (202) 260-0062. Written comments received by April 15, 1993 will be mailed to the SAB's MMRS; comments received after that date will be provided to the MMRS at the meeting. Written comments of any length (at least 35 copies) may be provided to the Subcommittee up until the meeting. Members of the public who wish to make a brief oral presentation should contact Dr. K. Jack Kooyoomjian no later than April 19, 1993 in order to reserve time on the agenda. The Science Advisory Board expects that public statements presented at its meetings will not be repetitive of previously submitted oral or written statements. In general, each individual or group making an oral presentation will be limited to a total time of five minutes. Deted: March 29,1993. A. Rol'ert Flaak. Acting Staff Dicim, Science Advisory Board (A-101, [FR Doc. 93-8395 Filed 4-8-93; 8:45 aml BILLNG CODE 6960-" [FRL-46i2-J CWA 304(L): Availability of List Submissions and Proposed Approval Decisions AGENCY: Environmental Protection Agency. ACTION: Notice of availability. SUMMARY: This notice announces the availability of lists submitted to EPA pursuant to CWA section 304(l)(1)(C) as well as EPA's proposed approval decisions, and requests public comment. DATES: Comments must be submitted to EPA on or before May 10, 1993. ADDRESSES: Comments on these items should be sent to Francisco Cruz, Permits Enforcement Branch, U.S. EPA Region M., 841 Chestnut Building, Philadelphia, PA 19107. Copies of the documents relevant to this action are available for public inspection at the U.S. EPA Region III office noted above during normal business hours. FOR FURTHER INFORMATION CONTACT: Francisco Cruz, Permits Enforcement Branch, U.S. EPA Region 111, 841 Chestnut Building, Philadelphia, PA 19107, (215) 597-8813. SUPPLEMENTARY INFORMATION: Section 3040) of the Clean Water Act (CWA) required each state, within two years after February 4, 1987, to submit to the U.S. Environmental Protection Agency (EPA) three lists of waters, including a list (the "B List" or "Short List") of those waters that the state does not expect to achieve applicable water quality standards, after application of technology-based controls, due to discharges of toxic pollutants from point sources. Section 3040)(1)(B), 33 U.S.C. 1314(0)(1)(B). The second, or "Mini", list consists of waters that are not meeting the new water quality standards developed under section 303(c)(2)(B) for toxic pollutants because of pollution from point and nonpoint sources. Section 304(l)(1)(A)(i). 33 U.S.C. 1314(l)(1)(A)(i). The third, or "Long", list includes all waters on the other two lists, plus any waters which after the implementation of technology-based controls, are not expected to meet the water quality goals of the Act. Section#
Attachment 1, passage 6718396 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 304(l)(1)(A)(ii), 33 U.S.C. 1314(1}(1}[A}(ii). For each water segment identified in these lists, the state was required. by February 4, 1989, to submit a "C" List specifying point sources discharging toxic pollutants believed to be preventing or impairing such water quality. Section 304(l)(1)(C), 33 U.S.C. 1314()(1)(C); see Natural Resources Defense Council v. EPA, 915 F.2d 1313, 1323-4 (9th Cir. 1990); 57 FR 33040- 3050 (July 24, 1992) (amending EPA's section 304(1) regulations to require point sources to be identified for each listed water segment). For each point source identified on the state's C List as discharging toxic pollutants into a water segment on the state's B List, the state was further required to submit to EPA an individual control strategy (ICS) that the state determined would serve to reduce point source discharges of toxic pollutants to the receiving water to a degree sufficient to attain water quality standards in that water within three years after the date of the establishment of the ICS. 33 U.S.C. 1314(l)(1)(D). EPA initially interpreted the statute to require states to identify on the C List only those facilities that discharge toxic pollutants believed to be impairing waters listed on the B List. In Natural Resources Defense Council v. EPA, the Ninth Circuit Court of Appeals remanded that portion of the regulation and directed EPA to amend the regulation to require the states to identify all point sources discharging any toxic pollutant that is believed to be preventing or impairing water quality of any stream segment listed on any of the three lists of waters, and to indicate the amount of the toxic pollutant discharged by each source. EPA amended 40 CFR 130.10(d)(3) accordingly. See 57 FR 33040 (July 24, 1992). Consistent with EPA's amended regulation, the Commonwealth of Pennsylvania, the Commonwealth of Virginia, Delaware, Maryland and West Virginia have submitted to EPA for approval their listing decisions under section 304(l)(1)(C). EPA today proposes to approve these lists hereby and solicits public comment on both the approval decisions and on the state lists. Dated: March 25, 1993. W.T. Wisniewski, Acting Regional Administrator, EPA Region 11I. [FR Doc. 93-8391 Filed 4-8-93; 8:45 am] BILLING CODE 6560 W0-P FEDERAL RESERVE SYSTEM Centura Banks, Inc., et al.; Formations of; Acquisitions by; and Mergers of Bank Holding Companies The companies listed in this notice have applied for the Board's approval under section 3 of the Bank Holding Company Act (12 U.S.C. 1842) and § 225.14 of the Board's Regulation Y (12 CFR 225.14) to become a bank holding company or to acquire a bank or bank holding company. The factors that are considered in acting on the applications are set forth in section 3(c) of the Act (12 U.S.C. 1842(c)). Each application'is available for immediate inspection at the Federal Reserve Bank indicated. Once the application has been accepted for processing, it will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank or to the offices of the Board of Governors. Any comment on an application that requests a hearing must include a statement of why a written presentation would not suffice in lieu of a hearing, identifying specifically any questions of fact that are in dispute and summarizing the evidence that would be presented at a hearing. Unless otherwise noted, comments regarding each of these applications must be received not later than May 6, 1993. A. Federal Reserve Bank of Richmond (Lloyd W. Bostian, Jr., Senior Vice President) 701 East Byrd Street, Richmond, Virginia 23261: 1. Centura Banks, Inc., Rocky Mount, North Carolina; to acquire 100 percent of the voting shares of Interim Bank, Granite Falls, North Carolina, the successor by conversion from Granite Savings Bank, SSB. 2. First Union Corporation, Charlotte, North Carolina; to acquire 100 percent of the voting shares of First American Metro Corp, McLean, Virginia; Maryland Bankshares, Inc., Baltimore, Maryland; and Virginia Bankshares, Inc., McLean, Virginia; and thereby indirectly acquire First American Bank of Maryland, Silver Spring, Maryland, and First American Bank of Virginia, McLean, Virginia. Board of Governors of the Federal Reserve System, April 5, 1993. Jennifer J. Juhnson, Associate Secretary of the Board. [FR Dec. 93-8330 Filed 4-8-93; 8:45 am) BILLNG CODE 6210-01-F George Edward Feaster, et al.; Change In Bank Control Notices; Acquisitions of Shares of Banks or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices ,are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. Once the notices have been accepted for processing, they will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than April 29, 1993. A. Federal Reserve Bank of Atlanta (Zane R. Kelley, Vice President) 104 Marietta Street, NW., Atlanta, Georgia 30303: 1. George Edward Feaster, Largo, Florida; to acquire 13.71 percent; and John Victor Phillipoff, Seminole, Florida; to acquire 11.81 percent of the voting shares of P.C.B. Bancorp, Inc., Largo, Florida, and thereby indirectly acquire Pinellas Community Bank, Largo, Florida. 2. John Andrew Rainier Grimaldi, Tampa, Florida; Frank Musolino, Temple Terrace, Florida; Paul Roque, Temple Terrace, Florida; and Edward Simmon, Temple Terrace, Florida, to retain 36.25 percent of the voting shares of University State Bank Corp., Tampa, Florida, and thereby indirectly acquire University State Bank, Tampa, Florida. B. Federal Reserve Bank of Kansas City (John E. Yorke, Senior Vice President) 925 Grand Avenue, Kansas City, Missouri 64198: 1. Robert W. Davis, Tulsa, Oklahoma; to acquire an additional 4.92 percent for a total of 8.60 percent; Brenda Boone Davis, Tulsa, Oklahoma, to acquire an additional 12.57 percent for a total of 13.83 percent; Anthony B. Davis, Tulsa, Oklahoma, toretain 1.32 percent; Eric Lowell Davis, Tulsa, Oklahoma, to retain 1.34 percent; Robert W. Langholz, Tulsa, Oklahoma, trustee of the Brenda B. Davis Irrevocable Trust, to acquire 3.81 percent; Anthony Boone Davis Living Trust, Robert W. and Brenda Boone Davis, Co-trustees, to acquire 2.46 percent; and Eric Lowell Davis Living Trust, Robert W. and Brenda Boone Davis, Co-trustees, to acquire 2.46 percent of the voting shares of F &#
Attachment 1, passage 68Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18397 M Bancorporation, Tulsa, Oklahoma, and thereby indirectly acquire The F & M Bank and Trust Co., Tulsa, Oklahoma. Board of Governors of the Federal Reserve System, April 5, 1993. Jennifer 1. Johnson, Associate Secretary of the Board. [FR Doc. 93-8329 Filed 4-8-93; 8:45 am] BILUNG CODE 6210-01-F Montfort Bancorporation, Inc., et al.; Notice of Applications to Engage de novo in Permissible Nonbanking Activities The companies listed in this notice have filed an application under § 225.23(a)(1) of the Board's Regulation Y (12 CFR 225.23(a)(1)) for the Board's approval under section 4(c)(8) of the Bank Holding Company Act (12 U.S.C. 1843(c)(8)) and § 225.21(a) of Regulation Y (12 CFR 225.21(a)) to commence or to engage de nova, either directly or through a subsidiary, in a nonbanking activity that is listed in § 225.25 of Regulation Y as closely related to banking and permissible for bank holding companies. Unless otherwise noted, such activities will be conducted throughout the United States. Each application is available for immediate inspection at the Federal Reserve Bank indicated. Once the application has been accepted for processing, it will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether consummation of the proposal can "reasonably be expected to produce benefits to the public, such as greater convenience, increased competition, or gains in efficiency, that outweigh possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices." Any request for a hearing on this question must be accompanied by a statement of the reasons a written presentation-would not suffice in lieu of a hearing, identifying specifically any questions of fact that are in dispute, summarizing the evidence that would be presented at a hearing, and indicating how the party commenting would be aggrieved by approval of the proposal. Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 29, 1993. A. Federal Reserve Bank of Chicago (David S. Epstein, Vice President) 230 South LaSalle Street, Chicago, Illinois 60690: 1. Montfort Bancorporation, Inc., Platteville, Wisconsin, and Clare Bancorporation, Inc., Platteville, Wisconsin; to engage de nova in making and acquiring loans pursuant to § 225.25(b)(1) of the Board's Regulation Y. These activities will be conducted in the State of Wisconsin. B. Federal Reserve Bank of Minneapolis James M. Lyon, Vice President) 250 Marquette Avenue, Minneapolis, Minnesota 55480: 1. Gaylord Bancorporation, Ltd., Gaylord, Minnesota; to engage de nova in making, acquiring, or servicing loans or other extensions of credit for its own account or the account of others pursuant to § 225.25(b)(1); and to engage indirectly through its subsidiary, Sterling Capital Advisors, Inc., Gaylord, Minnesota, in acting as investment or financial advisor to the extent of (a) providing advice, including rendering fairness opinions and providing valuation services, In connection with mergers, acquisitions, divestitures, joint ventures, leveraged buyouts, recapitalizations, capital structurings, and financing transactions (including private and public financings and loan syndications); and conducting financial feasibility studies pursuant to § 225.25(b)(4)(vi)(A)(1); and (b) providing financial and transaction advice regarding the structuring and arranging of swaps, caps, and similar transactions relating to interest rates, currency exchange rates or prices, and economic and financial indices, and similar transactions pursuant to § 225.25(b)(4)(vi)(A)(2); acting as intermediary for the financing of commercial or industrial income- producing real estate by arranging for the transfer of the title, control and risk of such a real estate project to one or more investors pursuant to § 225.25(b)(14); and providing securities brokerage services in combination with investment advisory services pursuant to §§ 225.25(b)(4) and (b)(15)(ii) of the Board's Regulation Y. Board of Governors of the Federal Reserve System. April 5, 1993. Jennifer J. Johnson, Associate Secretary of the Board. [FR Doc. 93-8331 Filed 4-8-93; 8:45 am] BILUNG CODE 6210-01-F FEDERAL TRADE COMMISSION [File No. 912 3048] Abbott Laboratories; Proposed Consent Agreement With Analysis To Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. SUMMARY: In settlement of alleged violations of federal law prohibiting unfair acts and practices and unfair methods of competition, this consent agreement, accepted subject to final Commission approval, would prohibit, among other things, an Illinois-based marketer of very-low-calorie diet programs (rapid weight loss, modified fasting diets of 800 or fewer calories per day) from making false or unsubstantiated claims about health risks, weight loss, or weight loss maintenance; and would require certain disclosures in conjunction with safety and weight loss maintenance claims in the future. DATES: Comments must be received on or before June 8, 1993. ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Brinley H. Williams or David V. Plottner, Cleveland Regional Office, Federal Trade Commission, 668 Euclid Avenue, suite 520-A, Cleveland, Ohio 44114, (216) 522-4210. SUPPLEMENTARY INFORMATION: Pursuant to section 6([) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and § 2.34 of the Commission's Rules of Practice (16 CFR 2.34), notice is hereby given that the following consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of sixty (60) days. Public comment is Invited. Such comments or views will be considered by the Commission and will be available for inspection and copying at its principal office in accordance with § 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR 4.9(b)(6)(ii)). In the Matter of Abbott Laboratories, a corporation. The Federal Trade Commission having initiated an investigation of certain acts and practices of Abbott Laboratories, hereinafter sometimes referred to as proposed respondent or respondent, and it now appearing that proposed respondent is willing to enter into an agreement containing an Order#
Attachment 1, passage 6918398 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices to Cease and Desist from the use of the acts or practices being investigated. It is hereby agreed by and between Abbott Laboratories, by its duly authorized officer, and its attorney and counsel for the Federal Trade Commission that: 1. Proposed respondent Abbott Laboratories is an Illinois corporation, with its offices and principal place of business at One Abbott Park Road, Abbott Park, Illinois 60064-3500. 2. Proposed respondent admits all the jurisdictional facts set forth in the attached draft Complaint. 3. Proposed respondent waives: (a) Any further procedural steps; (b) The requirement that the Commission's Decision contain a statement of findings of fact and conclusions of law; (c) All rights to seek judicial review or otherwise to challenge or contest the validity of the Order entered pursuant to this Agreement; and (d) Any claim under the Equal Access to Justice Act. 5 U.S.C. 504. 4. This Agreement shall not become part of the public record of the proceeding unless and until It is accepted by the Commission. If this Agreement is accepted by the Commission, it, together with the attached draft Complaint, will be placed on the public record for a period of sixty (60) days and information in respect thereto publicly released. The Commission thereafter may either withdraw its acceptance of this Agreement and so notify the proposed respondent, in which event it will take such action as it may consider appropriate, or issue and serve its Complaint (in such form as the circumstances may require) and Decision, in disposition of the proceeding. 5. This Agreement is for settlement purposes only and does not constitute an admission by proposed respondent that the law has been violated as alleged in the attached draft Complaint, or that the facts alleged in the attached draft Complaint, other than the jurisdictional facts, are true. 6. This Agreement contemplates that, if it is accepted by the Commission, and if such acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of § 2.34 of the Commission's Rules, the Commission may, without further notice to proposed respondent: (a) Issue its Complaint corresponding in form and substance with the attached draft Complaint and its Decision containing the following' Order to Cease and Desist in disposition of the proceeding; and fb) make information public with respect thereto. When so entered, the Order to Cease and Desist shall have the same force and effect and may be altered, modified or set aside in the same manner and within the same time provided by statute for other orders. The Order shall become final upon service. Delivery by the United States Postal Service of the Complaint and Decision containing the agreed-to Order to proposed respondent's address as stated in this Agreement shall constitute service. Proposed respondent waives any right it may have to any other manner of service. The Complaint may be used in construing the terms of the Order, and no agreement, understanding, representation or interpretation not contained in the Order or the Agreement may be used to vary or contradict the terms of the Order. 7. Proposed respondent has read the attached draft Complaint and the following Order. Proposed respondent understands that once the Order has been issued, it will be required to file one or more compliance reports showing that it has fully complied with the Order. Proposed respondent further understands that it may be liable for civil penalties in the amount provided by law for each violation of the Order after it becomes final. Order Definitions (1) For purposes of this Order, "competent and reliable scientific * evidence" means those tests, analyses. iesearch, studies, surveys or other evidence conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the relevant profession or science to yield accurate and reliable results. (2) "Very-low-calorie diet" or "VLCD" means any dietary regimen that provides 800 calories per day (K cal/ day) or less. It is ordered, That respondent Abbott Laboratories, a corporation, its successors and assigns, officers representatives, agents and employees, directly or through any corporation, subsidiary, division or other device in connection with the advertising. promotion, offering for sale or sale of any weight loss or weight control product, program or service, in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from: (A) Making any representation, directly or by implication, regarding the safety of any very-low-calorie diet ("VLCD") program, unless respondent clearly and prominently discloses, in close proximity to any such representation, that physiciaiu monitoring is required to minimize the potential for health risks, or otherwise misrepresenting any health risk of the program. (B) Misrepresenting the likelihood that patients of respondent's diet program(s) will regain all or any portion of lost weight. (C) Making any representation, directly or by implication, about the success of patients on any diet program in achieving or maintaining weight loss or weight control unless, at the time of making such representation, respondent Sossesses and relics upon a reasonable asis consisting of competent and reliable scientific evidence substantiating the representation; provided, however, That for any representation that- (1) Any weight loss achieved or maintained through any diet program is typical or representative of all or any subset of patients using the program, said evidence shall, at a minimum, be based on a representative sample of: (a) All patients who have entered the program, where the representation' relates to such persons; or (b) All patients who have completed a particular phase of the program or the entire program, where the representation only relates to such persons; and (2) Any weight loss is maintained long-term, said evidence shall, at a minimum, be based upon the experience of patients who were followed for a period of at least two years after completion of respondent's program (including any periods of participation in active maintenance); and (3) Any weight loss Is maintained permanently, said evidence shall, at a minimum, be based upon the experience of patients who were followed for a period of time after completing the program that is either: (a) Generally recognized by experts in the field of treating obesity as being of sufficient length to constitute a reasonable basis for predicting that weight loss will be permanent; or (b) Demonstrated by competent and reliable survey evidence as being-of sufficient duration to permit such a prediction. (D) Representing, directly or by implication, that any patients of any diet program have successfully maintained weight loss, unless respondent discloses, clearly and#
Attachment 1, passage 70Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18399 prominently and in close proximity to such representation:* (1) The following information: (a) The average percentage of weight loss maintained by those patients; (b) The duration over which the weight loss was maintained, measured from the date that patients ended the active weight loss phase of the program; provided, however, That if any portion of the time period covered includes participation in respondent's maintenance program(s) that follows active weight loss, such fact must also be disclosed; and (c) If the patient population referred to is not representative of the general patient population for that program, the proportion of the total patient population in respondent's programs that those patients represent, expressed in terms of a percentage or actual numbers of patients, or the statement, "New DirectiQn makes no claim that this [these] result[s] is [are] representative of all patients in the New Direction program;" and (2) The statement: "For many dieters, weight loss is temporary;" provided, however, That respondent shall not represent, directly or by implication, that the above-quoted statement does not apply to dieters in respondent's diet program. II It is further ordered, That respondent shall notify the Commission at least thirty (30) days prior to the effective date of any proposed change in the corporate respondent, such as dissolution, assignment or sale resulting in the emergence of a successor corporation(s), the creation or dissolution of subsidiaries, the filing of a bankruptcy petition or any other change in the corporation(s) that may affect compliance obligations arising out of this Order. III It is further ordered, That respondent shall maintain for a period of three (3) years after the date on which the representation was last made, and make available to the Federal Trade Commission staff upon request for inspection and copying, all materials possessed and relied upon to substantiate any claim or representation covered by this Order, and all test reports, studies, surveys or information in its possession or control and which, to its knowledge, contradict, qualify or call into question any such claim or representation. IV It is further ordered, that respondent and its successors or assigns shall forthwith distribute a copy of this Order to each of its officers, agents, representatives, independent contractors and employees, including participating hospitals or clinics, that are engaged in the preparation and placement of advertisements or promotional materials, who communicate with patients or prospective patients, or who have any responsibilities with respect to the subject matter of this Order; and, for a period of ten (10) years from the date of entry of this Order, distribute same to all of respondent's future officers, agents, representatives, independent contractors and employees having said responsibilities. Provided, however, That nothing in this Order shall obligate respondent with respect to advertising or promotional materials of participating physicians, hospitals and clinics that are neither owned, operated nor controlled by respondent when said advertising is not prepared, approved or placed by respondent. V It is further ordered, That respondent and its successors and assigns shall, within sixty (60) days after service of this Order, file with the Commission a report, in writing, setting forth in detail the manner and form in which they have complied with this Order. Analysis of Proposed Consent Order to Aid Public Comment The Federal Trade Commission has accepted an Agreement to a proposed Consent Order from Abbott Laboratories, marketer of the "New Direction" rapid weight-loss, very-low- calorie diet ("VLCD") program through its Ross Laboratories Division. The New Direction diet program is offered to the public nationwide through independent hospitals. The proposed Consent Order has been placed on the public record for sixty (60) days for the reception of comments by interested persons. Comments received during this period will become part of the public record. After sixty (60) days, the Commission will again review the Agreement and will decide whether it should withdraw from the Agreement or make final the Agreement's proposed Order. The Commission's Complaint charges that Abbott Laboratories deceptively advertised the safety and efficacy of the New Direction diet program. Safety The Commission has alleged that Abbott Laboratories failed to disclose that physician monitoring is required to minimize the potential for health risks on VLCDs. Abbott Laboratories claimed that the New Direction diet program is safe. The Complaint does not allege that the New Direction diet program is unsafe, but that Abbott Laboratories' claim that the program is safe was deceptive in light of its failure to disclose that physician monitoring is required to minimize the potential for health risks. There is some empirical evidence that, during the period in which they are dieting, patients on VLCDs may be at increased risk of developing gallstones. The proposed Consent Order seeks to address the alleged safety misrepresentation cited in the accompanying Complaint in two ways (Part I.A.). First, the Order requires Abbott Laboratories to disclose, in conjunction with any claim regarding the safety of any VLCD program, that physician monitoring is required to minimize the potential of health risks. Thus, if Abbott Laboratories in the future were to claim that the New Direction program is "safe," it would need to make to required disclosure in close proximity to that claim. Second, the proposed Order prohibits any misrepresentation about any health risk of the program. Thus, Abbott Laboratories in the future could not claim that patients have experienced no serious adverse side effects, unless that is the case. Efficacy The Commission has further alleged that Abbott Laboratories failed to possess a reasonable basis for claims it made regarding the success of New Direction patients in avoiding the regain of weight lost during the program. Abbott Laboratories claimed that the New Direction diet is a successful long- term or permanent treatment for obesity, and that the typical New Direction patient is successful in maintaining weight loss achieved under the program. The Commission believes that these success claims for patient maintenance of achieved weight loss were deceptive because Abbott Laboratories, at the time it made the claims, did not possess adequate substantiation that New Direction patients successfully maintain achieved weight loss. The proposed Consent Order seeks to address the alleged efficacy misrepresentations cited in the accompanying Complaint in several#
Attachment 1, passage 7119400 Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices ways. First, the Order prohibits Abbott Laboratories from misrepresenting the likelihood that patients or its diet programs will regain all or any portion of lost weight (Part LB.). Second, the Order requires Abbott Laboratories to possess a reasonable basis consisting of competent and reliable scientific evidence substantiating any claim about the success of patients on any diet program in achieving or maintaining weight loss. As a fencing-in measure to ensure compliance, the Order further specifies what this level of evidence shall consist of when certain types of success claims are made: (1) In the case of claims that weight loss is typical or representative of all patients using the program, or any subset of those patients, that evidence shall be based on a representative sample of: (a) All patients who have entered the program, where the representation relates to such persons; or (b) All patients who completed a particular phase of the program, or the entire program, where the representation only relates to such persons. (2) In the case of claims that any weight loss is maintained long-term, that evidence shall be based upon the experience of patients who were followed for a period of at least two years after their completion of Abbott Laboratories' program, including any periods of participation in Abbott's maintenance program. (3) In the case of claims that weight loss is maintained permanently, that evidence shall be based upon the experience of patients who were followed for a period of time after completing the program that is either: (a) Generally recognized by experts in the field of treating obesity as being of sufficient length to constitute of reasonable basis for predicting that weight loss will be permanent; or (b) Demonstrated by competent and reliable survey evidence as being of sufficient duration to permit such a prediction (Part I.C.). Finally, as fencing-in measures to ensure compliance, the proposed Order requires Abbott Laboratories, for any claim that patients on any diet program have successfully maintained weight loss, to disclose the fact that "For many dieters, weight loss is temporary," as well as the following information relating to that claim (Part I.D.): (1) The average percentage of weight loss maintained by those patients (e.g., "60% of achieved weight loss was maintained"), (2) The duration over which the weight loss was maintained, measured from the date that patients ended the active weight loss phase of the program, and the fact that all or a portion of the time period covered includes participation in proposed respondent's maintenance program(s) that follows active weight loss, if that is the case-- e.g., "patients maintain an average of 60% of weight loss 22 months after fasting (includes 18 months on maintenance program"), and (3) Where the patient population referred to is not representative of the general patient population for that program, the proportion of the total patient population that those patients represent, expressed in terms of a percentage or actual numbers of patients-e.g., "Patients on maintenance--30% of our patients-- kept off an average of 66% of the weight for one year (includes time on maintenance program)" or, in lieu of that factual disclosure, the statement; "Abbott Laboratories makes no claim that this result is representative of all patients in the New Direction program." The purpose of this analysis is to facilitate public comment on the proposed Order, and is not intended to constitute an official interpretation of the Agreement and proposed Order or to modify in any way their terms. Donald S. Clark. Secretary. IFR Doc. 93--8382 Filed 4-,8-93; 8:45 am] BILUNG CODE 4I-N [File No. 912 3381] Conair Corp.; Proposed Consent Agreement With Analysis ToAld Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. SUMMARY: In settlement of alleged violations of federal law prohibiting unfair acts and practices and unfair methods of competition, this consent agreement, accepted subject to final Commission approval, would prohibit. among other things, a Connecticut-based manufacturer of personal health care and consumer electronic products from representing that soundwaves emitted by the California Facial Skin Rejuvenating System, or by any similar product, will firm and tone facial muscles or improve the efficacy of a facial skin clarifying toner. Respondent would be required to have -competent and reliable scientific evidence to support future representations it makes regarding soundwaves emitted from any product. DATES: Comments must be received on or before June 8, 1993. ADDRESSES: Comments should be directed to: FTC/Office of the Secretary. room 159,6th St. and Pa. Ave., NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Sylvia Kundig, San Francisco Regional Office, Federal Trade Commission, 901 Market St.. Suite 570, San Francisco, CA. 94103. (415) 744-7920. SUPPLEMENTARY INFORMATION: Pursuant to section 6(0) of the Federal Trade Commission Act. 38 Stat. 721, 15 U.S.C. 46 and 2.34 of the Commission's Rules of Practice (16 CFR 2.34), notice is hereby given that the following consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of sixty (60) days. Public comment is invited. Such comments or views will be considered by the Commission and will be available for inspection and copying at its principal office in accordance with § 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR 4.9(b)(6)(ii)). Agreement Containing Consent Order To Cease and Desist The Federal Trade Commission having initiated an investigation of certain acts or practices of Conair Corporation, a corporation, hereinafter sometimes referred to as respondent or proposed respondent, and it no' appearing that proposed respondent is willing to enter into an agreement containing an order to cease and desist from the acts and practices being investigated. It is hereby agreed by and between Conair Corporation, by its duly authorized officer, and its attorney, and counsel for the Federal Trade Commission that: 1. Proposed respondent Conair Corporation is a Delaware corporation. Its principal office or place of business is at 1 Cummings Point Road, Stamford, Connecticut, 06904. 2. Proposed respondent admits all the jurisdictional facts set forth in the draft of complaint here attached. 3. Proposed respondent waives: a. Any further procedural steps; b. The requirement that the Commission's decision contain a statement of findings of fact and conclusions of law; c. All rights to seek judicial review or otherwise to challenge or contest the validity of the order entered pursuant to this agreement; and d. All claims under the Equal Access to Justice Act.#
Attachment 1, passage 72F derl Register / VoL 58, No. 67 / Friday, April 9, 1993 / Notices 18401 4. This agreement shall not become part of the public record of the proceeding unless and until it is accepted by the Commission. If this agreement is accepted by the Commission, it, together with the draft of complaint contemplated thereby, will be placed on the public record for a period of sixty (601 days and information in respect thereto publicly released. The Commission thereafter may either withdraw its acceptance of this agreement and so notify the proposed respondent, in which event it will take such action as it may consider appropriate, or issue and serve its complaint {in such form as the circumstances may require) and decision, in disposition of the proceeding. 5. This agreement is for settlement purposes only and does not constitute an admission by the proposed respondent of the facts, other than jurisdictional facts, or of violations of law an alleged in the draft of complaint here attached. 6. This agreement contemplates that, if it is accepted by the Commission, and if such acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of § 2.34 of the Commission's Rules, the Commission may, without furthernotice to proposed respondent, (1) issue its complaint corresponding in form and substance with the draft of complaint here attached and its decision containing the following order to cease and desist in disposition of the proceeding and (2) make information public in respect thereto. When so entered, the order to cease and desist shall have the same force and effect and may be altered, modified or set aside in the same manner and within the same time provided by statute for other orders. The order shall become final upon service. Delivery by the U.S Postal Service of the complaint and decision containing the agreed-to order to proposed respondent's address as stated in this agreement shall constitute service. Proposed respondent waives any right it may have to any other manner of service. The complaint may be used in construing the terms of the order, and no agreement, understanding., representation, or interpretation not contained in the order or the agreement may be used to vary or contradict the terms of the order. 7. Proposed respondent has read the proposed complaint and order contemplated hereby. It understands that once the order has been issued, it will be required to file one or, more compliance reports showing that it has fully complied with the order. Ptoposed respondent further understands that it may be liable for civil penalties in the amount provided by law for each violation of the order after it becomes final. Order 1. It is ordered, That respondent Conair Corporation, its successors and assigns, and its officers, representatives, agents, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the manufacturing, labelling, advertising, promotion, offering for sale, sale, or distribution of "The California Facial Skin Rejuvenating System" or any. substantially similar product, in or affecting commerce, as "commerce " is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing, in any manner, directly or by implication that. (1) Sound waves can or will firm or tone an individual's facial muscles, and (2) sound waves will improve the efficacy of a facial skin clarifyig toner or exfoliating scrub. For purposes of this Order, "substantially similar product" shall mean any skin care product, or combination of products that includes a skin care product, that use sounds waves emitting a frequency of no more than 201 (twenty) kilohertz. II. It is further ordered, That respondent Conair Corporation, its successors and assigns, and its officers, representatives, agents, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the manufacturing, labelling, advertising, promotion, offering for sale, sale, or distribution of any product or combination of products that use- sound waves, including but not limited to intrasound or ultrasound, in or affecting commerce, as "commerce" is defined in, the Federal Trade Commission Act, do forthwith cease and desist from representing, in any manner, directly or by implication that sound waves can or will firm or tone an individual's muscles, unless at the time of making the representation, respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation. For purposes of this Order, "competent and reliable scientific evidence" shall mean tests, analyses, research, studies, or other evidence, conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the relevant profession to yield accurate and reliable results. I. It is further ordered,. That respondent Conair Corporation, its successors and assigns, and its officers, representatives, agents, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the manufacturing, labelling, advertising, promotion, offering for sale, sale, or distribution of any product or combination of products that use sound waves, including but not limited to intrasound or ultrasound, in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing, in any manner, directly or by implication that sound waves can or will. improve the efficacy ofa topically applied product, unless at the time of making the representation, respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation. For purposes of this Order, "competent and reliable scientific evidence" shall mean tests, analyses, research, studies, or other evidence, conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the, relevant profession to yield accurate and reliable results. IV. It is further ordered, That the provisions of this Order shall not apply to the printing on approximately 40,000 tubes of "Deep Penetrating Body Creme" and 40,000 tubes of "Muscle Soothing Gelle" which were manufactured prior to July 1, 1992, and shipped by respondent to distributors or retailers prior to January 10, I993. V. ft is further ordered, That for five (5 ) years after the last date of dissemination of any representation covered by, this Order, respondent, or its successors and, assigns, shall maintain and upon request make available to the Federal Trade Commission. for inspection and copying: A. All materials that were relied upon in disseminating such representation; and B. All tests, reports, studies, surveys, demonstrations or other evidence in its possession or control that contradict, qualify, or call into question such representations, or the basis relied upon for such representation, including complaints from consumers.#
Attachment 1, passage 7318402 VI. It is further ordered, That the respondent shall, for ten (10) years from the date of entry of this Order, distribute a copy of this Order to each current and future officer, employee, agent, and/or representative engaged in the preparation or placement of advertising or other promotional materials covered by this Order and shall obtain from each such person a signed and dated statement acknowledging receipt of the Order. VII. It is further ordered, that respondent shall notify the Commission, at least thirty (30) days prior to the proposed change, of any proposed change in the respondent such as dissolution, assignment, or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries, or any other change in the corporation that may affect compliance obligations arising out of the Order. VIII. It is further ordered, that respondent shall, within sixty (60) days after the date of service of this Order upon them and at such other times as the Commission may require, file with the Commission a report, in writing, setting forth in detail the manner and form in which its has complied with this Order. Analysis of Proposed Consent Order to Aid Public Comment The Federal Trade Commission has accepted an agreement to a proposed Consent Order from Conair Corporation. The proposed Consent Order-has been placed on the public record for sixty (60) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After sixty (60) days, the Commission will again review the agreement and the comments received and will decide whether it should withdraw from the agreement and take other appropriate action, or make final the proposed Order contained in the agreement. This matter concerns advertisements for The California Facial Skin Care Rejuvenating System ("the System"). The product consists of a hand-held, soundwave device, which is used in conjunction with a clarifying toner and an exfoliating scrub. A moisture lotion is also included with the product. The consumer uses the device and lotions as a facial skin care regimen. The Commission s proposed Complaint alleges that the advertisements expressly and impliedly claimed that the sound waves emitted Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices by the device will "tone" and "firm" the user's facial muscles. This claim is alleged to violate section 5 of the Federal Trade Commission Act, 15 U.S.C. 45, because it is false and the proposed respondent did not possess adequate substantiation for the claim at the time it was made. The proposed Complaint also alleges that the advertisements expressly and impliedly claimed that the sound waves emitted by the device will improve the efficacy of the lotions used in conjunction with the device. This claim is alleged to violate section 5 of the Federal Trade Commission Act, 15 U.S.C. 45, because it is false and the proposed respondent did not possess adequate substantiation for the claim at the time it was made. Finally, because the advertisements were for a device which is intended to affect the structure of the body, as well as for a cosmetic, the proposed Complaint also alleges that Conair's practices violate section 12 of the Federal Trade Commission Act, 15 U.S.C. 52. The Proposed Consent Order prohibits the proposed respondent from representing, directly or by implication, that the System, on any substantially similar product, (1) can or will "firm" and "tone" an individual's facial muscles; or (2) will improve the efficacy of a facial skin clapifying toner or exfoliating scrub. It also requires the proposed respondent to have a reasonable basis for claims that (1) sound waves can or will "firm" and "tone" muscles; or (2) sound waves can or will improve the efficacy of a topically applied product. Finally, the proposed Consent Order contains provisions requiring record retention demonstrating compliance with the Order; distribution of the Order to managerial employees; notification to the Commission of any changes in the structure of the corporation; and reports to the Commission demonstrating compliance with the terms of the Order. The purpose of this analysis is to facilitate public comment on the proposed Order. It is not intended to constitute an official interpretation of the agreement and proposed Order or to modify in any way their terms. Donald S. Clark, Sectetazy. [FR Doc. 93-8385 Filed 4-8-93; 8:45 am] BILUNG CODE 6760-01- [File No. 912 33031 Health Management Resources Corporation; Proposed Consent Agreement With Analysis To Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. SUMMARY: In settlement of alleged violations of federal law prohibiting unfair acts and practices and unfair methods of competition, this consent agreement, accepted subject to final Commission approval, would prohibit, among other things, a Boston-based marketer of very-low-calorie diet programs (rapid weight loss, modified fasting diets of 800 or fewer calories per day) from making false or unsubstantiated claims about health risks, weight loss, weight loss maintenance, acceptance of its program by the medical profession, or low success rates of other diet programs; and would require certain disclosures in conjunction with safety and weight loss maintenance claims in the future, and scientific evidence to back up comparison studies or claims of acceptance by the medical profession. DATES: Comments must be received on or before June 8, 1993. ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Richard F. Kelly or Renate Kinscheck, FTC/H-200, Washington, DC 20580, (202) J26-3304 or (202) 326-3283. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and § 2.34 of the Commission's Rules of Practice (16 CFR 2.34), notice is hereby given that the following consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of sixty (60) days. Public comment is invited. Such comments or views will be considered by the Commission and will be available for inspection and copying at its principal office in accordance with § 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR 4.9(b)(6)(ii)). Agreement Containing Consent Order to Cease and Desist The Federal Trade Commission having initiated an investigation of certain acts and practices of Health Management Resources Corporation ("HMR"), hereafter sometimes referred to as proposed respondent or#
Attachment 1, passage 74Federal Registes / Vol. 58, No. 67 A Friday, April 9, 1903 / Notices 1L8403 respondent, and it now appearing that proposed respondent is willing to enter into an agreement containing an order to cease and, desist from the use of the acts and practices being investigated, It is hereby agreed by and between Health Management Resources Corporation, by its duly authorized officer, and, its attorney, and counsel for the Federal Trade Commission that: 1. Respondent Health Management Resources Corp,, is a Nevada corporation, with its offices and principal place of business at 59 Temple Place, Boston, MA. 02111. 2. Proposed respondent admits all. the jurisdictional facts set forth In the attached draft complaint. 3. Proposed respondent waives: (a) Any firther procedural steps; (b) The requirement that the Commission's decision contain a statement of findings of fact and conclusions of law; (c) All rights to seek judicial review or otherwise to challenge or contest the validity of the order entered pursuant to this agreement; and (d) Any claim under theEqual Access to Justice Act, 5 U.S.C. 504. 4. This agreement &hall not become part of the public record of the proceedingunless and- until it is accepted by the Commission. If this agreement is accepted by the Commission, it, together with the attached draft complaint, will be placed on the public record for a period of sixty (60) days and information in respect thereto publicly released. The Commission thereafter may either withdraw its acceptance of this agreement and so notify the proposed respondent, in which: event it will take such action as it may consider appropriate, or issue and serve its complaint (in such form as the circumstances may require) and decision, in disposition of the proceeding. 5. This agreement is for settlement purposes only and does not constitute an admission by proposed respondent that the law has been violated as alleged in the attached draf complaint. 6. This agreement contemplates that, if it is accepted by the Commission, and if such acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of §2.34 of the Commission's Rules, the Commission may, without further notice to-proposed respondent: (a) Issue its complaint corresponding in form and substance with the attached draft complaint and its decision containing the folowing order to ceasi and desist in disposition of the proceeding; and (b) make information public in respect thereto. When so entered, the order to cease and desist shall have the same force and effect and may be altered, modified or set aside in the same manner and within the same time provided by statute for other orders. The order shell become final upon service, Delivery by the U.S. Postal Service of the complaint and decision containing the agreed-to order to proposed respondent's address as stated in this agreement shall constitute service. Proposed respondent waives any right it may have to any other manner of service. The complaint may be used in construing the terms of the order, and no agreement, understanding, representation, or interpretation not contained in the order or the. agreement may be used to vary er contradict the terms of the order. 7. Proposed respondent has read the attached draft complaint and the following order. Proposed respondent understands that once the order has been issued- it will be required to file one or more compliance reports showing that it has fully complied with the order Proposed respondent further understands that it may be liable for civil penalties in. the amount provided by law for each violation of the order after it becomes final. Order Definition For purposes of this order, "competent and reliable scientific evidence" shall means those tests, analyses research, studies, surveys or other evidence conducted and evaluated. in an objective manner by persons qualified to do so, using procedures generally accepted in the relevant profession or science to yield accurate and reliable results. 1. It is ordered, That respondent HMR, a Nevada corporation, its successors and assigns, officers, representatives, agents, and employees, directly or through any corporation, subsidiary, division or other device, in connection with the advertising, promotion, offering for sale, or sale of any weight less or weight control product, program or service, in or affecting commerce, as "commerce'" is defined in the Federal Trade Commission Act, do forthwith cease and desist from: A. Making any representation, directly or by implication, regarding the safety of any very-low-calorie diet ("VLCD") program (providing 800 calories or less per day), unrless respondent clearly- and prominently discloses in close proximity torany such representation that physician monitoring is required to minimize the potential for health. risks; B. Misrepresenting any health risk of anyvlcd diet program; Making any representation that the HMR vlcd program is widely accepted by the medical profession as a whole or is considered, to be the preferred treatment by most medical experts, or making any other representation regarding the. extent to which a diet program, or any aspect thereof, is accepted, recognized or preferred by medical experts unless, at the time of making any such representation, respondent possesses and relies upon a reasonable basis consisting of competent and reliable evidence substantiating any such representation; D. Misrepresenting the likelihood that patients in any of respondent's diet programs will regain all or any portion, of lest weight- E. Making any representation, directly or by implication, about the success of patients on any diet program to achieve or maintain weight loss or weight control unless, at the time of making any such representation, respondent Sossesses and relies upon a reasonable asis consisting of competent and reliable scientific evidence substantiating the representation;, Provided, however, That for any such representation that: 1) any weight loss achieved or maintained through any diet program is typical or representative of all or any subset of patients using the program, said evidence shallat a minimum, be based on a representative sample of- (a) All patients who have entered the program, where the representation relates to such persons; or (b) All patients who have completed a particular phase of the program or the entire program, where the representation only relates to such persons, and (2) any weight loss is maintained long-term, said evidence shall, at a minimum, be based upon the experience of patients who were followed for a period of at least two- years after completion of respondent's program (including any periods, of participation in active maintenance); and (3) any weight loss Is maintained permanently, said evidence shall, at a minimum, be based upon the experience of patients who were followed for a period of time after completing the program that is either- (a) generally recognized by experts In the field of treating obesity as being of sufficient length to constitute a reasonable basis for predicting that weight loss will be permanent or (b)#
Attachment 1, passage 7518404 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices demonstrated by competent and reliable survey evidence as being of sufficient duration to permit such a prediction; F. Representing, directly or by implication, that any patients of any diet program have successfully maintained weight loss, unless respondent discloses, clearly and prominently, and in close proximity to such representation: (1) the following information: (a) The average percentage of weight loss maintained by those patients, (b) The duration, over which the weight loss was maintained, measured from the date that patients ended the active weight loss phase of the program; Provided, however, That if any portion of the time period covered includes participation in respondent's maintenance program(s) that follows active weight loss, such fact must also be disclosed, and (c) If the patient population referred to is not representative of the general patient population for that program, the proportion of the total patient population in respondent's programs that those patients represent, expressed in terms of a percentage or actual numbers of patients, or the statement: "HMR makes no claim that this [these] result[s] is [are] representative of all patients in the HMR program;" and (2) The statement: "For many dieters, weight loss is temporary." Provided, however, That, respondent shall not represent, directly or by implication, that the above-quoted statement does not apply to dieters in respondent's die, programs; G. Making any representation about the efficacy of any other diet program or programs, unless at the time of making such representation, respondent possesses and relies upon a reasonable basis for making such representation. Such reasonable basis shall consist of E competent and reliable scientific study or studies of such other diet program or programs substantiating the representation; H. Making comparisons between the efficacy of respondent's diet program or programs and the efficacy of any other diet program or programs, unless at the time of making such representation, respondent possesses and relies upon a reasonable basis for making such representation. Such reasonable basis shall consist of a competent and reliable scientific study or studies substantiating the representation in terms of both the efficacy of respondent's diet program or programs and the efficacy of the diet program or programs with which the comparison is made. II. It is further ordered, That respondent shall notify the Commission at least thirty (30) days prior to the effective date of any proposed change in the corporate respondent such as dissolution, assignment, or sale resulting in the emergence of a successor corporation(s), the creation or dissolution of subsidiaries, the filing of a bankruptcy petition, or any other change in the corporation(s) that may affect compliance obligations arising out of this Order. III. It is further order, That respondent shall maintain for a period of three (3) years after the date the representation was last made, and make available to the Federal Trade Commission staff upon request for inspection and copying, all materials possessed and relied upon to substantiate any claim or representation covered by this Order, and all test reports, studies, surveys or information in its possession or control or of which it has knowledge that contradict, qualify or call into question any such claim or representation. IV. It is further ordered, That respondent and its successors or assigns, shall forthwith distribute a copy of this Order to each of it's officers, agents, representatives, independent contractors and employees, including participating hospitals or clinics, that are engaged in the preparation and placement of advertisements or promotional materials, who communicate with patients or prospective patients, or who have any responsibilities with respect to the subject matter of this Order; and, for a period often (10) years from the date of entry of this Order, distribute same to all of respondent's future officers, agents, representatives, independent contractors and employees having said responsibilities. V. It is further ordered, That respondent and its successors or assigns shall, within thirty (30) days after service of this Order, advise physicians, hospitals and clinics using the HMR diet program that advertising previously furnished by respondent for their use, and brochures, pamphlets, booklets and other materials previously provided by respondent to physicians, hospitals and clinics for dissemination to patients and prospective patients, shall not be further used by those physicians, hospitals and clinics where that advertising or other materials would violate this Order. If, after providing the notification required by the first sentence in this Paragraph, respondent become aware that any physician, hospital or clinic using the HMR diet program, uses advertising or other materials previously furnished by respondent that would violate this Order, respondent shall again communicate with that physician, hospital or clinic in an attempt to ensure that such advertising or other materials shall not be further used'by said physician, hospital or clinic. VI. It is further ordered, That respondent and its successors or assigns shall, within sixty (60) days after service of this Order, file with the Commission a report, in writing, setting forth in detail the manner and form in which they have complied with this Order. Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission has accepted an agreement to a proposed consent order from Health Management Resources Corp. (hereinafter "HMR"), a marketer of rapid-weight loss, very-low- calorie diet (hereinafter "vlcd") programs. The HMR diet program is offered to the public nationwide through hospitals and medical clinics. The proposed consent order has been placed on the public record for sixty (60) days for the reception of comments by interested persons. Comments received during this period will become part of the public record. After sixty (60) days, the Commission will again review the agreement and will decide whether it should withdraw from the agreement or make final the agreement's proposed order. The Commission's complaint charges that the proposed respondent deceptively promotes the safety and efficacy of its diet program, the low success rate of other diet programs, and the wide acceptance of its diet program by the medical community. Safety The Commission's complaint against HMR alleges that HMR has failed to disclose that physician supervision is required to minimize the potential for health risks on vlcd's. The company claims that its vlcd program is unqualifiedly free of health risks. The complaint does not allege that the HMR diet program is unsafe, but that proposed respondent's claim that the program is risk-free is deceptive in light of its failure to disclose that physician supervision is required to minimize the potential for health risks. There is some empirical evidence that, during the#
Attachment 1, passage 76Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18405 period in which they are dieting, patients on vlcd's may be at increased risk of developing gallstones. The proposed consent order seeks to address the alleged safety misrepresentation cited in the accompanying complaint in two ways. First, the order (Part I.A.) requires HMR to disclose in conjunction with any claim regarding the safety of any vlcd program that physician monitoring is required to minimize the potential for health risks. Thus, if proposed respondent in the future was to claim that the HMR program is "safe," it would need to make the required disclosure in close proximity to that claim. Second, the proposed order (Part I.B.) prohibits any misrepresentation about any health risk of any vlcd program. Thus, proposed respondent in the future could not claim that patients have experienced no serious adverse side effects, unless that is the case. Wide Acceptance of HMR Program by the Medical Profession The Commission's complaint against HMR also alleges that HMR failed to possess a reasonable basis for claims it makes that its vlcd diet program, including the practice of advising patients to remain on the program for extensive periods of time, is widely accepted by the medical profession as P whole and is considered to be the preferred treatment by most medical experts. The Commission believes that these claims are deceptive because the proposed respondent at the time it made the claims did not possess adequate substantiation for the claim that its practice of advising patients to remain on the vlcd program for extensive periods of time is widely accepted by medical experts and is the preferred treatment. The proposed order (Part I.C.) prohibits HMR from continuing to make these representations or any 'representations regarding the extent to which a diet program, or any aspect thereof, is accepted, recognized or preferred by medical experts, unless respondents possess a reasonable basis consisting of competent and reliable evidence substantiating such representation. Efficacy The complaint against HMR further alleges that HMR failed to possess a reasonable basis for claims it makes regarding the success of its patients in avoiding the regain of weight lost during the program. HMR claims that over the long term, HMR patients on average keep off over 60% of the weight they lose, that three years after ending maintenance, HMR patients on average keep off more than 60% of the weight they lose, and that the HMR diet programs are successful long-term treatments for obesity. The Commission believes that these success claims for patient maintenance of achieved weight loss are deceptive because the proposed respondent at the time it made the claims did not possess adequate substantiation for those claims. The proposed consent order seeks to address the alleged efficacy misrepresentations cited in the accompanying complaint in several ways. First, the order (Part I.D.) prohibits HMR from misrepresenting the likelihood that patients of its diet programs will regain all or any portion of lost weight. Second, the order (Part I.E.) requires the company to possess a reasonable basis consisting of competent and reliable scientific evidence substantiating any claim about the success of patients on any diet program in achieving or maintaining weight loss. To ensure compliance, the order further specifies what this level of evidence shall consist of when certain types of success claims are made: (1) In the case of claims that weight loss is typical or representative of all patients using the program or any subset of those patients, that evidence shall be based on a representative sample of: (a) All patients who have entered the program, where the representation relates to such persons; or (b) All patients who have completed a particular phase of the program or the entire program, where the representation only relates to such persons. (2) In the case of claims that any weight loss is maintained long-term, that evidence shall be based upon the experience of patients who were followed for a period of at least two years after their completion of the respondent's program, including any periods of participation in respondent's maintenance program. (3) In the case of claims that weight loss is maintained permanently, that evidence shall be based upon the experience of patients who were followed for a period of time after completing the program that is either:. (a) Generally recognized by experts in the field of treating obesity as being of sufficient length to constitute a reasonable basis for predicting that weight loss will be permanent or (b) Demonstrated by competent and reliable survey evidence as being of sufficient duration to permit such a prediction. Finally, as measures to ensure future compliance, the proposed order (Part I.F.) requires the proposed respondent for any claim that patients of any diet program have successfully maintained weight loss to disclose the fact that "For many dieters, weight loss is temporary," as well as the following information relating to that claim: (1) The average percentage of weight loss maintained by those patients (e.g., "60% of achieved weight loss was maintained"), (2) The duration over which the weight loss was maintained, measured from the date that patients ended the active weight loss phase of the program, and the fact that all or a portion of the time period covered includes participation in proposed respondent's maintenance program(s) that follows active weight loss, if that is the case-e.g. , "patients maintain an average of 60% of weight loss 22 months after fasting (includes 18 months on maintenance program)", and (3) Where the patient population referred to is not representative of the general patient population for that program, the proportion of the total patient population that those patients represent, expressed in terms of a percentage or actual numbers of patients- e.g. "Patients on maintenance-30% of our patients--kept off an average of 66% of the weight for one year (includes time on maintenance program)" or, in lieu of the factual disclosure, the statement: "HMR makes no claim that this result is representative of all patients in the HMR program.. Low Success Rate of "Commercial" Diet Programs Finally, the proposed complaint against HMR alleges that HMR made unsubstantiated claims about the supposedly low success rate of "commercial" diet programs, including (1) that the average weight loss in such programs is 11.5 pounds, (2) that less than 8% of clients in such programs lose 40 or more pounds, and (3) that one year after reaching goal weight over 90% of clients in such programs regain all of their weight lost. The complaint alleges that HMR at the time that it made these representations did not possess a reasonable basis therefore. To address this alleged violation, the order (Part I.G and H.) requires HMR to possess a reasonable basis, consisting of a competent and reliable scientific study or studies, substantiating any representation about the efficacy of any other diet program or for any comparisons between the efficacy of respondent's diet program and the efficacy of any other diet program. The purpose of this analysis is to facilitate public comment on the proposed order, and it is not intended to constitute an official interpretation of#
Attachment 1, passage 7718406 the agreement and proposed order, or to modify in any way their terms. Donald S. Clark, Secretary. Statement of Commissioner Deborah K. Owen Concurring in Part and Dissenting in Part in Health Management Resources Corporation. File No. 912-3303, and United Weight Control Corporation, File No. 902- 3253 The proposed consent orders with these two marketers of very low calorie diets appropriately address several concerns regarding their advertising of safety, efficacy and other claims. However, as explained below, I disagree with certain aspects of the proposed remedies in both matters. With respect to United Weight Control. I also conclude that there is insufficient evidence to support a reason to believe that that firm's alleged comparative program claims have violated the Federal Trade Commission Act. Accordingly, I dissent in part from the Commission's decision to accept these consent orders for public comment. As my statement accompanying the Commission's decision on three previous very low calorie diet orders explains,' I believe that the disclosures required when weight-loss maintenance claims are made will likely be too complex to be effective in enlightening consumers during short radio or TV ads. Consequently, I continue to support an alternate approach to such disclosures in which a more concise disclosure would be permitted for broadcast ads, and supplemented with a requirement of full disclosure at point of sale.2 Concerning United Weight Control's comparative program claims, I particularly disagree with challenging United's claim about its Risk Reduction Program. -which is set out in Paragraph 15(a) of the proposed complaint.3 First United appeared to have some evidence to substantiate the claim that this program in unique in addressing cardiac health risks among men. Second, the comparative claims here are unlike those in ' Statement Concurring in Part and Dissenting in Part in Jason Pharmaceuticals, Inc., File No. 902- 3337. National Center for Nutrition, Inc.. File No. 912-3024, and Sandoz Nutrition Corporation, File No. 912-3023, August 10, 1992. 2 While I agree that there is sufficient reason to believe that United's weight-loss maintenance claims violate the FTC Act, it is worthy of note that some of these claims appear In a context that plausibly yields alternative interpretations. In particular, the United ad shown in Exhibit A-4 contains not only the strong maintenance claim cited in Paragraph 9(a) of the complaint ("Finally, a weight loss program that works even sfter you go off it."), but explicitly features a caveat that weight- loss maintenance is conditioned on adherence to United's program. This caveat, a plus the ad's explicit reference to weight-loss maintenance results of patients who have participated in an HMR ..maintenance program." might suggest another interpretation that merely losing weight in an HMR program does not constitute a permanent or long- term remedy of weight control problem& Without additional information on consumer reactions, however, it remains unclear how many, if any, consumers would hold such an interpretation. ' In this regard. I am allied with Commissioner Azcuenaga's thoughtful statement Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices some previous cases, which were fairly specific with respect to competing services or products, made use of quantitative data to purport a distinction between the advertiser and competitors,4 or invoked studies or tests.5 Requiring a higher level of substantiation for these kinds of stronger comparative claims may be appropriate. However, none of these conditions seems to apply very well to United's comparative claims generally. Ultimately, of course, a claim's ability to deceive depends on consumers' interpretations and their expectations on substantiation. Unfortunately, in my view, there is insufficient information on actual consumer reactions to these claims. All in all, I conclude that the evidence is too weak to support challenging United's comparative claims, and consequently I dissent from the Commission's decision to allege a violation and seek relief in connection with these claims. Finally, I am puzzled by, and therefore dissent with respect to the requirement in the proposed United order which requires the firm to maintain relevant records for a period of five years. Previous orders with very low calorie diet marketers, and the order proposed for Health Management Resources, require that records be maintained for only three years. I am not currently aware of any justification for imposing on United, which happens to be one of the smaller marketers of very low calorie diets, a greater compliance burden than these other firms. [FR Doc. 93-8383 Filed 4-8-93; 8:45 am] BILUNG CODE 6710-01-M [File No. 902-32531 United Weight Control Corp.; Proposed Consent Agreement with Analysis to Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. SUMMARY: In settlement of alleged violations of federal law prohibiting unfair acts and practices and unfair methods of competition, this consent agreement, accepted subject to final Commission approval, would prohibit, among other things, a New York-based marketer of very-low-calorie diet programs (rapid weight loss, modified .fasting diets of 800 or fewer calories per day) from making false or unsubstantiated claims about health risks, scientific tests, comparison studies, weight loss, or weight loss maintenance; and would require certain 4 See, e.g., claims involving quantitative efficacy comparisons with "commercial" weight loss programs in the proposed complaint in Health Management Resources. s See, e.g. comparative efficacy and safety claims referring to supporting studies in the accompanying complaints in Sandoz Nutrition Corp, C-3394 (Aug. 10, 1992) and National Centerfor Nutrition, C-3393 (Aug. 10, 1992). disclosures in conjunction with safety and weight loss maintenance claims in the future. DATES: Comments must be received on or before June 8, 1993. ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Michael J. Bloom, New York Regional Office, Federal Trade Commission. 150 William Street, Suite 1300, New York, New York 10038, (212) 264-1207. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 4.6 and § 2.34 of the Commission's Rules of Practice (16 CFR 2.34), notice is hereby given that the following consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has boon placed on the public record for a period of sixty (60) days. Public comment is invited. Such comments or views will be considered by the Commission and will be available for inspection and copying by the Commission and will be available for inspection and copying at its principal office in accordance with § 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR 4.9(b)(6)(ii)). Agreement Containing Consent Order to Cease and Desist . The Federal Trade Commission having initiated an investigation of certain acts and practices of United Weight Control Corp., a corporation, and it now appearing that United Weight Control Corp., hereinafter sometimes referred to as proposed respondent or respondent, is willing to enter into an agreement containing an order to cease and desist from the use of the acts and practices being investigated. It is hereby agreed by and between United Weight Control Corp., by its duly authorized officers, and its attorney, and counsel for the Federal Trade Commission that: 1. Respondent United Weight Control Corp. is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Delaware, with its corporate office located at 226 East 54 Street, New York, New York, 10022. 2. Proposed respondent admits all the jurisdictional facts set forth in the attached draft complaint. 3. Proposed respondent waives: (a) Any further procedural steps; (b)'Thie requirement that the Commission's decision contain a#
Attachment 1, passage 78Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18407 statement of findings of fact and conclusions of law; (c) All rights to seek judicial review or otherwise to challenge or contest the validity of the order entered pursuant to this agreement; and (d) Any claim under the Equal Access to Justice Act, 5 U.S.C. § 504. 4. This agreement shall not become part of the public record of the proceeding unless and until it is accepted by the Commission. In this agreement is accepted by the Commission, it, together with the attached draft complaint, will be placed on the public record for a period sixty (60) days and information in respect thereto publicly released. The Commission thereafter may either withdraw its acceptance of this agreement and so notify the proposed respondent, in which event it will take such action as it may consider appropriate, or issue and serve its complaint (in such form as the circumstances may require) and decision, in disposition of the proceeding. 5. This agreement is for settlement' purposes only and does not constitute an admission by proposed respondent that the law has been violated as alleged in the attached draft complaint, or that the facts alleged in the draft complaint, other than the jurisdictional facts, are true. 6. This agreement contemplates that, if it is accepted by the Commission, and if such acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of § 2.34 of the Commission's Rules, the Commission may, without further notice to proposed respondent: (1) Issue its complaint corresponding in form and substance with the attached draft complaint and its decision containing the following order to cease and desist in disposition of the proceeding; and (2) make information public in respect thereto. When so entered, the order to cease and desist shall have the same force and effect and may be altered, modified or set aside in the same manner and within the same time provided by statute for other orders. The order shall become final upon service. Delivery by the U.S. Postal Service of the complaint and decision containing the agreed-to order to proposed respondent's address as stated in this agreement shall constitute service. Proposed respondent waives any right it may have to any other manner of service. The complaint may be use in construing the terms of the order, and no agreement, understanding, representation, or interpretation not contained In the order or the agreement may be used to vary or contradict the terms of the order. 7. Proposed respondent has read the attached draft complaint and the following order. Proposed respondent understands that once the order has been issued, it will be required to file one or more compliance reports showing that it has fully complied with the order. Proposed respondent further understands that it may be liable for civil penalties in the amount provided by law for each violation of the order after it becomes final. ORDER Definitions A. For purposes of the order, "competent and reliable scientific evidence" shall mean those tests, analyses, research, studies, or other evidence conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the relevant profession or science to yield accurate and reliable results. I. It is ordered, That respondent United Weight Control Corp., a corporation, its successors and assigns, officers, representatives, agents, and employees, directly or through any corporation, subsidiary, division or other device, in connection with the advertising, promotion, offering for sale, or sale of any weight loss or weight control product, service, or program in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from: A. Making any representation, directly or by implication, regarding the safety of any very-low-calorie diet ("VLCD") program (providing 800 calories or less per day), unless respondent clearly and prominently discloses in close proximity to any such representation that physician monitoring Is required to minimize the potential for health risks, or otherwise misrepresenting any health risk of the program. B. Misrepresenting, directly or by implication, the likelihood that patients* in respondent's diet program(s) will regain all or any portion of lost weight. C. Making any representation, directly or by implication, about the success of patients of any diet program in achieving or maintaining weight loss or weight control, unless, at the time of making such representation, respondent ossesses and relies upon a reasonable asis consisting of competent and reliable scientific evidence substantiating the representation; Provided, however, That for any representation that: i) Any weight loss achieved or maintained through any diet program is typical or representative of all or any subset of patients in the program, said evidence shall, at a minimum, be based on a representative sample of: (a) All patients who have entered the program, where the representation relates to such persons; or (b) All patients who have completed a particular phase of the program or the entire program, where the representation only relates to such persons; (2) Any weight loss is maintained long-term, said evidence shall, at a minimum, be based upon the experience of patients who were followed for a period of at least two years after their completion of the respondent's program (including any periods of participation in respondent's maintenance program); and (3) Any weight loss is maintained permanently, said evidence shall, at a minimum, be based upon the experience of patients who were followed for a period of time after completing the program that is either: (a) Generally recognized by experts in the field of treating obesity as being of sufficient length to constitute a reasonable basis for predicting that weight loss will be permanent; or (b) Demonstrated by competent and reliable survey evidence as being of sufficient duration to permit such a prediction. D. Representing, directly or by implication, that any patients of any diet program have successfully maintained weight loss, unless respondent discloses, clearly and prominently, and in close proximity to such representation: (I) The following information: (a) The average percentage of weight loss maintained by those patients, (b) The duration over which the weight loss was maintained, measured from the date that patients ended the active weight loss phase of the program; Provided, however, That if any portion of the time period covered includes participation in respondent's maintenance program(s) that follows active weight loss, such fact must also be disclosed; and -(c) If the patient population referred to is not representative of the general patient population for that program, the proportion of the total patient population in respondent's programs that those patients represent, expressed in terms ofa percentage or actual numbers of patients, or the statement:#
Attachment 1, passage 7918408 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices "United Weight Control Corp. makes no claim that this [these] resultfs] is [are] representative of all patients in'the United Weight Control Corp. program;" and (2) The statement: "For many dieters, weight loss is temporary," Provided, however, That, respondent shall not represent, directly or by implication, that the above-quoted statement does not apply to dieters in resondent's programs. E. Making comparisons between the design, safety, or effectiveness of respondent's diet program or programs and the design, safety, or effectiveness of any other diet program or programs, unless at the time of making such representation, respondent possesses and relies upon a reasonable basis for making such representation. Such reasonable basis shall consist of a competent and reliable scientific evidence substantiating the representation in terms of both the design, safety, or effectiveness of respondent's diet program or programs and the design, safety, or effectiveness of the other diet program or programs with which the comparison is made. F. Misrepresenting, directly or by implication, the existence, contents, validity, results, conclusions, or interpretations of any test or study. If. It is further ordered, That respondent(s) shall notify the Commission at least thirty (30) days prior to the effective date of any proposed change in the corporate respondent such as dissolution, assignment, or sale resulting in the emergence of a successor corporation(s), the creation or dissolution of subsidiaries, or any other change in the corporation(s) that may affect compliance obligations arising out of this order. III. It is further ordered, that respondent shall maintain for a period of five (5) years after the date the representation was last made, and make available to the Federal Trade Commission staff upon request for inspection and copying, all materials possessed and relied upon to substantiate any claim or representation covered by this order, and all test reports, studies, surveys or information in its possession or control or of which it has knowledge that contradict, qualify or call into question any such representation. IV. It is further ordered, that within 15 days after the service of this order on respondent, respondent and its successors or assigns, shall distribute a copy of this order to each of its officers, co-venturers, agents, representatives, independent contractors, and employees, including participating hospitals or clinics, that are engaged in the preparation and placement of advertisements or promotional materials, who cbmmunicate with patients or prospective patients, or who have any responsibilities with respect to the subject matter of this order, and, for aperiod of ten (10) years from the date of entry of this order, distribute same to all of respondent's future officers, agents, representatives, independent contractors and employees having said responsibilities. V. It is further ordered, that respondent and its successors or assigns shall, within thirty (30) days after service of this order, advise physicians, hospitals. and clinics using the United Weight Control Corp. diet programs that advertising and promotional materials previously furnished by respondent for their use and dissemination to patients and prospective patients, shall not be further used by those physicians, hospitals, and clinics where the advertising or promotional materials would violate this order; and respondents further shall attempt to insure that such advertising or other materials shall not be further used by physicians, hospitals, and clinics using the United Weight Control Corp. diet programs. VI. It is further ordered, that respondent shall, within sixty (60) days after the date of service of this order, file with the Federal Trade Commission a report, in writing, setting forth in detail the manner and form in which they have complied with this order. Analysis of Proposed Consent Order to Aid Public Comment The Federal Trade Commission has accepted an agreement to a proposed consent order from United Weight Control Corp., marketer of diet programs that place patients on a rapid-weight loss, very-low-calorie diet. The United Weight Control Corp. diet programs are offered to the public through joint ventures with hospitals. The proposed consent order has been placed on the public record for sixty (60) days for the reception of comments by interested persons. Comments received during this period will become part of the public record. After sixty (60) days, the Commission will again review the agreement or make final the agreement's proposed order. The Commission's complaint charges that the proposed respondent deceptively advertised the safety and efficacy of the United Weight Control Corp. diet programs, and that its diet programs are unique or superior to other diet programs in design or effectiveness in promoting weight loss or weight loss maintenance. Safety The Commission has alleged that United Weight Control Corp. failed to disclose that physician monitoring is required to minimize the potential for health risks on very-low-calorie diets. The company claimed that the United Weight Control Corp. diet programs are unqualifiedly free of serious health risks. The complaint does not allege that the United Weight Control Corp. diet programs are unsafe, but that proposed respondent's claim that the programs are risk-free was deceptive in light of their failure to disclose that physician monitoring is required to minimize the potential for health risks. There is some empirical evidence that, during the period in which they are dieting, patients on very-low-calorie diets may be an increased risk of developing gallstones. The proposed consent order seeks to address the alleged safety misrepresentation cited in the accompanying complaint in two ways (Part I.A.). First, the order requires United Weight Control Corp. to disclose in conjunction with any claim regarding the safety of any very-low-calorie diet program that physician monitoring is required to minimize the potential for health risks. Thus, if proposed respondent in the future were to claim that the United Weight Control Corp. programs are "safe," it would need to make the required disclosure in close proximity to that claim. Second, the proposed order prohibits any misrepresentation about any health risk of the programs. Thus, proposed respondent in the future could not claim that the patients have experienced no serious adverse side effects, unless that is the case. Efficacy The Commission has further alleged that United Weight Control Corp. failed to possess a reasonable basis for claims it made regarding the success of United Weight Control Corp. patients In avoiding the regain of weight lost during the programs. The company claimed that the United Weight Control Corp. programs are successful long-term or#
Attachment 1, passage 80Federal Register / Vol. 58, No. 67 /. Friday, April 9, 1993 / Notices 18409 permanent treatments for obesity, and that the typical United Weight Control Corp. patient is successful in maintaining weight loss achieved under the programs. The Commission believes that these success claims for patient maintenance of achieved weight loss were deceptive because the proposed respondent at the time it made the claims did not possess adequate substantiation that United Weight Control Corp. patients successfully maintain achieved weight loss. The proposed consent order seeks to address the alleged efficacy misrepresentations cited in the accompanying complaint in several ways. First, the order prohibits United Weight Control Corp. from misrepresenting the likelihood that patients of its diet programs will regain all or any portion of lost weight (Part I.B.). Second. the order requires the company to possess a reasonable basis consisting of competent and reliable scientific evidence substantiating any claim about the success of patients on any diet program in achieving or maintaining weight loss. To ensure compliance, the order further specifies what this level of evidence shall consist of when certain types of success claims are made: (1) In the case of claims that weight loss is typical or representative of all patients using the program or any subset of those patients, that evidence shall be based on a representative sample of: (a) all patients who have entered the program, where the representation relates to such persons; or (b) all patients who have completed a. particular phase of the program or the entire program, where the representation only relates to such persons. (2) In the case of claims that any weight loss is maintained long-term, that evidence shall be based upon the experience of patients who were followed for a period of at least two years after their completion of the respondent's program, including any periods of participation in respondent's maintenance program. (3) In the case of claims that weight loss is maintained permanently, that evidence shall be based upon the experience of patients who were followed for a period of time after completing the program that is either: (a) generally recognized by experts in the field of treating obesity as being of sufficient length to constitute a reasonable basis for predicting that weight loss will be permanent or (b) demonstrated by competent and reliable survey evidence as being of sufficient duration to permit such a prediction (Part I.C.). Finally, as measures to ensure future compliance, the proposed order requires the proposed respondent for any claim that patients Of any diet program have successfully maintained weight loss to disclose the fact that "For many dieters, weight loss is temporary," as well as the following information relating to that claim (Part I.D.): (1) The average percentage of weight loss maintained by those patients (e.g., "60% of achieved weight loss was maintained"), (2) The duration over which the weight loss was maintained, measured from the date that patients ended the active weight loss phase of the program, and the fact that all or a portion of the time period covered includes participation in proposed respondent's maintenance program(s) that follows active weight loss, if that is the case- e,g., "patients maintain an average of 60% of weight loss 22 months after fasting (includes 18 months on maintenance program)", and (3) Where the patient population referred to is not representative of the general patient population for that program, the proportion of the total patient population that those patients represent, expressed in terms of a percentage or actual numbers of patients-e.g. "Patients on maintenance-30% of our patients- kept off an average of 66% of the weight for one year (includes time on maintenance program)" or, in lieu of that factual disclosure, the statement: "United Weight Control Corp. makes no claim that this result is representative of all patients in the United Weight Control Corp. program." Proven Safe and Effective Claims The Commission has also separately alleged that United Weight Control Corp. misrepresented that competent and reliable scientific evidence has proven that United Weight Control Corp. diet programs are unqualifiedly free of health risks and that United Weight Control Corp. diet programs are successful long-term or permanent treatments for obesity. To address these problems, the proposed order prohibits United Weight Control Corp. from mispresenting the existence, contents, validity, results, conclusions, or interpretations of any test or study. Comparative Program Claims The Commission also alleges that United Weight Control Corp. did not possess and rely upon a reasonable basis for making representations that its programs are unique or superior to other diet programs in design or effectiveness in promoting weight loss or weight loss maintenance. The order prohibits such comparative program claims regarding design, safety, or effectiveness of respondent's diet program and any other diet program or programs, unless at the time of making such representation, United Weight Control Corp. possesses and relies upon a reasonable basis for making such representation (Part I.E). Such reasonable basis shall consist of competent and reliable scientific evidence substantiating the representation in terms of both the design, safety, or effectiveness of respondent's diet program or programs and the design, safety, or effectiveness of the other diet program or programs with which the comparison is made. Purpose The purpose of this analysis is to facilitate public comment on the proposed order and is not intended to constitute an official interpretation of the agreement and proposed order or to modify in any way their terms. Donald S. Clark, Secretay. Separate Statement of Commissioner Mary L. Azcuenaga Concurring in Part and Dissenting in Part in United Weight Control Corp., File No. 902-3253 I concur with the Commission's decision to accept the proposed settlement for public comment but dissent as to the inclusion in the proposed Complaint of Paragraph 15(a). Paragraph 15(a) recites United Weight Control's claim that its Risk Reduction Program is the "only" weight control program developed to "reduce the high incidence of heart attacks and other serious health problems among abdominally obese men." The claim conveys that there is a focus unique to the Risk Reduction Program, one of minimizing heart attack risk in obese men, in addition to the goal of achieving weight control. It is not clear to me that we should challenge the claim of uniqueness in Paragraph 15(a) for lack of substantiation, when there is at least some, albeit casual, substantiation to form a reasonable basis for the claim.' Considering the facts, enunciated I Paragraph 15 of the proposed Complaint lists numerous statements that United Weight Control has made in its advertisements, end Paragraph 16 characterizes the statements in Paragraph 15 as representations of uniqueness or superiority "in design and/or effectiveness in promoting weight loss or weight loss maintenance." While the other claims recited in Paragraph 15 do convey that United Weight Control's programs are unique or superior in promoting weight loss or weight control, I question whether the uniqueness claim in Paragraph 15(a) falls within the scope of Paragraph 16. The statement in Paragraph is (a) describes a unigpeness in qualities other than weight loss or weight control. As drafted, therefore, Paragraph Continued#
Attachment 1, passage 8118410 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices in Pfizer, Inc., 81 F.T.C. 23 (1972), that we weigh in determining the appropriate level of substantiation in a given case, a relatively low level of substantiation should be sufficient for the uniqueness claim in this instance. In addition, if other competitors have the same, or similar, programs dealing with reduction of heart attack risks, those competitors could easily rebut United Weight Control's uniqueness claims by advertising the health risk reduction aspects of their own programs. 2 Indeed, consumers might benefit from this response. In this instance, given the potential usefulness of the information to consumers, absent a showing of consumer injury from the claim,3 and with some evidence that the claim may be true, we would serve consumers better by leaving the claim unchallenged. Statement of Commissioner Deborah K. Owen Concurring in Part and Dissenting in Part in Health Management Resources Corporation, File No. 912-3303, and United Weight Control Corporation, File No. 902- 3253 The proposed consent orders with these two marketers of very low calorie diets appropriately address several concerns regarding their advertising of safety, efficacy and other claims. However, as explained below, I disagree with certain aspects of the proposed remedies in both matters. With respect to United Weight Control, I also conclude that there is insufficient evidence to support a reason to believe that that firm's alleged comparative program claims have violated the Federal Trade Commission Act. Accordingly, I dissent in part from the Commission's decision to accept these consent orders for public comment. As my statement accompanying the Commission's decision on three previous very low calorie diet orders explains,1 I believe that the disclosures required when weight-loss maintenance claims are made will likely be too complex to be effective in enlightening consumers during short radio or TV ads. Consequently, I continue to support an alternate approach to such disclosures in which a more concise disclosure would be permitted for broadcast ads, and 15(a) appears to be outside the theory of the case pleaded in the Complaint 2lI such competitors choose the same advertising medium as United Weight Control, i.e., local newspapers, they should be able to communicate their corrective, competitive claims relatively inexpensively. 3The claim that the program focuses, in part, on reducing risk factors associated with heart attack is true. The issue is whether the program is sufficiently distinct from other diet programs to make it unique. If it is true that the Risk Reduction Program is substantially the same as other diet programs, the consumer is not necessarily injured by the selection of that program over others. Nevertheless, a consumer might be injured if he or she were persuaded to select the Risk Reduction Program over other programs that provided the same service at less cost I Statement Concurring in Part and Dissenting in Part in Jason Pharmaceuticals, Inc., File No. 902- 3337, National Center for Nutrition, Inc., File No. 912-3024, and Sandoz Nutrition Corporation, File No. 912-3023, August 10. 1992. supplemented with a requirement of full disclosure at point of sale,2 Concerning United Weight Control's comparative program claims, I particularly disagree with challenging United's claim about its Risk Reduction Program, which is set out in Paragraph 15(a) of the proposed complaint.3 First, United appeared to have some evidence to substantiate the claim that this program is unique in addressing cardiac health risks among men. Second, the comparative claims here are unlike those in some previous cases, which were fairly specific with respect to competing services or products, made use of quantitative data to purport a distinction between the advertiser and competitors, 4 or invoked studies or tests.s Requiring a higher level of substantiation for these kinds of stronger comparative claims may be appropriate. However, none of these conditions seems to apply very well to United's comparative claims generally. Ultimately, of course, a claim's ability to deceive depends on consumers' interpretations and their expectations on substantiation. Unfortunately, in my view, there is insufficient information on actual consumer reactions to these claims. All in all, I conclude that the evidence is too weak to support challenging United's comparative claims, and consequently I dissent from the Commission's decision to allege a violation and seek relief in connection with these claims. Finally, I am puzzled by, and therefore dissent with respect to the requirement in the proposed United order which requires the firm to maintain relevant records for a period of five years. Previous orders with very low calorie diet marketers, and the order proposed for Health Management Resources, require that records be maintained for only three years. I am not currently aware of any justification for imposing on United, which happens to be one of the smaller marketers 2While I agree that there is sufficient reason to believe that United's weight-loss maintenance claims violate the FTC Act, it is worthy of note that some of these claims appear in a context that plausibly yields alternative interpretations. In particular, the United ad shown in Exhibit A-4 contains not only the strong maintenance claim cited in Paragraph 9(a) of the complaint ("Finally, a weight loss program that works even after you go off it."), but explicitly features a caveat that weight- loss maintenance is conditioned on adherence to United's program. This caveat, plus the ad's explicit reference to weight-loss maintenance results of patients who have participated in an HMR "maintenance program," might suggest another interpretation that merely losing weight in an HMR program does not constitute a permanent or long- term remedy of weight control problems. Without additional information on consumer reactions, however, it remains unclear how many, if any, consumers would hold such an interpretation. 3 In this regard, I am allied with Commissioner Azcuenaga's thoughtful statement. 4 See, e.g., claims involving quantitative efficacy comparisons with "commercial" weight loss programs in the proposed complaint in Health Management Resources. ' See, e.g., comparative efficacy and safety claims referring to supporting studies in the accompanying complaints in Sandoz Nutrition Corp., C-3394 (Aug. 10, 1992) and Notional Centerfor Nutrition, C-3393 (Aug. 10. 1992). of very low calorie diets, a greater compliance burden than these other firms. [FR Doc. 93-8384 Filed 4-8-93; 8:45 am] BILUNG CODE 67SO-01-9 DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Child Health and Human Development; Notice of Meeting of the National Advisory Board on Medical Rehabilitation Research Pursuant to Pubic Law 92-463, notice is hereby given of the meeting of the National Advisory Board on Medical Rehabilitation Research, National Institute of Child Health and Human Development, April 14-16, 1993, Hyatt Regency Bethesda, One Bethesda Metro Center, Bethesda, Maryland 20814. The three-day meeting will be open to the public from 9 a.m. to 5 p.m. on April 14-15 and 9 a.m. to adjournment on April 16. Attendance by the public will be limited to space available. The Board will review progress achieved by the Center in developing medical rehabilitation research and report on workshops, conferences, and grants. The Board will review a draft of the annual report on progress implementing the Report and Plan for Medical Rehabilitation Research that will include the areas of opportunity for new research, and for reducing the economic impact of lost function associated with disability. The Board will also discuss what ar as in the Report and Plan should be developed in the near future. The meeting will have a specific period of time set aside for public comment on the activities of the Center and medical rehabilitation research. Ms. Mary Plummer, Committee Management Officer, NICHD, 6100 Executive Blvd, room 5E01, National Institutes of Health, Bethesda, Maryland 20892, Area Code 301, 496-1485, will provide a summary of the meeting and a roster of Advisory Board members as well as substantive program information. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should contact Ms. Plummer. This meeting is being published less than 15 days prior to the meeting due to the difficulty of coordinating the attendance of members because of conflicting schedules.#
Attachment 1, passage 82Datea: April 2,1993. Susan K Feldman, Committee Management Officer, NIH [FR Doc. 93-8413 Filed 4-8-93; 8:45 am] SILLMNO CODE 4140-01-1 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 (0MB) 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, March 26, 1993. (Call PHS Reports Clearance Officer on 202-690-7100 for copies of requests) 1. Annual Space Utilization Report for Nursing and Health Professions-0915- 0056-The construction assistance programs for Nursing and Health Professions use this form to monitor Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices space utilization in the portion of the teaching facilities which received Federal assistance. Respondents: Non- profit institutions. Number of Respondents: 260; Number of Responses per Respondent: 1; Average Burden Per Response: I hour; Estimated Annual Burden: 260 hours. 2. Reporting Requirements for the Alzheimers Demonstration Grants to States Program-New-Data on persons served, services provided, and program staff will be collected semi-annually from participants in the Alzheimer Demonstration Grants to States Program. Data will be used for program modification and evaluation, annual Department reports, and a final report to Congress. Respondents: Individuals, State or local governments, Non-profit institutions. Num- Number Average ber of of re- burden Tite re- sponses per re- spond per re- sponse ents nt hours) Reporting cli- ents ........... 900 2 .25 18411 Num- Number Average Num- of re- burden spose perre Tide re- peorre- sernse spond"-spod - (in ants ant hours) Grantees and agencies .... 75 2 12.1 Record- keeping agencies .... 60 1 12.25 Estimated total annual burden 3,000 hours 3. Health Professions Student Loan (HPSL) and Nursing Student Loan (NSL) Programs: Regulatory Administrative and Due Diligence Requirements- 0915-0047-This information is necessary to document that schools are properly administering the HPSL and NSL programs in accordance with statutory and regulatory requirements and are exercising sound billing and collection procedures to ensure that Federal monies are available to recycle for future HPSL and NSL awards. Respondents: Individuals; non-profit institutions. Tile Number of re- Number of re- Avera sponentsspondent spondents sponses per re- response (in hours) HPSL recordkeeping burdens: 57.206(b)(2); 57.208(a); 57.210(b)(1) (i) & (ii); 57.215 (a), (b), (c), & (d) ..................................................................................... 310 1 42.63 NSL recordkeeping burdens: 57.306(b)(2)i); 57.308(a); 57.310(b)(1) (i) & (ii); 57.315(a)(1) & (4); 57.315(a) (2) & (3) ....................................... 800 1 9.48 HPSL reporting burdens: 57.205(a)(2); 57.206(a) (2) & (3); 57.208(c); 57.210(a)(3); 57.210(b)(1) (i), (H), (iii), (iv), (vi) & (x); 57.210(b)(4)(i); 57.211(a); 57.212(a)(3); 57.215(a) & (a)(2); 57.216(d) ...................................... 7,810 15.84 .182 NSL reporting burdens: 57.305(a)(2); 57.306(a)(2); 57.310(b)(1) (i), (ii), (iii), (iv), (vi) & (x); 57.310(b)(4)(i); 57.311(a); 57.312(a)(3); 57.315(a)(1) & (a)(1)(ii); 57.316a(d) ........................................................................................................... 3,800 20.27 .28 Estimated total annual burden 65,279 hours. 4. Notice of Availability of Sample Electronic Product-Performance Standards for Electronic Products--21 CFR parts, 1020, 1030, 1040 and 1050)- 0910-0048-The Food and Drug Administration Center for Devices and Radiological Health conducts laboratory compliance testing of electronic products, and the "Notice of Availability of Sample Electronic Product" informs the Center of the location of products which are being requested for testing. Respondents: Businesses or other for-profit; Small businesses or organizations; Number of Respondents: 145; Number of Responses per Respondent: 11.03; Average Burden Per Response: .08 hour; Estimated Annual Burden: 128 hours. Desk Officer: Shannah Koss Written comments and recommendations for the proposed information collections should be sent within 30 days of this notice directly to the OMB Desk Officer designated above at the following address: Human Resources and Housing Branch, New Executive Office Building, room 3002, Washington, DC 20503. Dated: April 5, 1993. James Scanlon, Director, Division of Data Policy, Office of Health Planning and Evaluation. [FR Doc. 93-8295 Filed 4-8-93; 8:45 aml BILUNO CODE 4160-17-9 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of the Assistant Secretary for Community Planning and Development [Docket No. N-03-1917; FR-3350-N-26] Federal Property Suitable as Facilities to Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. EFFECTIVE DATE: April 9, 1993.#
Attachment 1, passage 831L841Z Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices ADDRESSES: For further information, contact James Forsbeig, Department of Housing and Urban Development, Room 7262, 451 Seventh Street SW, Washington, DC 20410; telephone (202) 708-4300; TDD number for the hearing- and speech-impaired (202) 708-2565 (these telephone numbers are not toll- free), or call the toll-free Title V information line at 1-800-927-7588. SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 court order in National Coalition for the Homeless v. Veterans Administration, No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week. Dated: April 2, 1993 Don I. Patch, Acting Deputy Assistant Secretary for Grant Programs. [FR Doc. 93-8261 Filed 4-8-93; 8:45 am] BILUNG CODE 4210-2-M DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-040-4320-03] Temporary Closure of Public Land to Public Use AGENCY: Bureau of Land Management (BLM), Interior. ACTION: Notice of closure of public lands known as the Badger Den Allotment to public use. SUMMARY: Notice is hereby given in accordance with 43 CFR 8364.1, that the Safford District, Bureau of Land Management (BLM) is closing the public land known as the Badger Den Allotment, No. 51100, to public use (see legal description) to provide for public safety during livestock impoundment proceedings. The land will be closed to all public uses. The closure will be effective with this notice and will last until 24:00 hours, April 24, 1993. FOR FURTHER INFORMATION CONTACT: Larry H. Humphrey, Impoundment Coordinator, BLM, Safford District, 711 14th Avenue, Safford, Arizona 85546, Telephone Number (602) 428-4040. SUPPLEMENTARY INFORMATION: To prevent disruption of the impoundment proceedings and to provide for the safety of the public, all of the Badger Den Allotment (see legal description) is closed to all public use until BLM completes the impoundment. The closure is effective with this notice and will remain in effect until 24:00 hours, April 24, 1993. This closure will not apply to BLM personnel involved in administration and management of the land, nor will the closure apply to those persons or groups BLM has specifically authorized to go onto the land to assist them with the impoundment. Any person who fails to comply with the closure may be subject to a fine not to exceed $100,000 and/or imprisonment not to exceed 12 months. Dated: April 2, 1993. William T. Civish, District Manager. Legal Description of the Badger Den Allotment Gila and Salt River Meridian, Arizona T. 10 S., R. 27 E., Sec. 36, all. T. 10 S., R. 28 E., Sec. 26, all; Sec. 27, all; Sec. 28, all public land within section; Sec. 29, all; Sec. 31, all; Sec. 32, all; Sec. 33, all public land within section; Sec. 34, all; Sec. 35, all. T. 10 S., R. 29 E., Sec. 5, all; Sec. 8, all; Sec. 9, all; Sec. 10, all; Sec. 15, all; Sec. 16, all; Sec. 17, all; Sec. 18, all; Sec. 19, all; Sec. 20, all; Sec. 21, all; Sec. 22, all; Sec. 27. all; Sec. 28, all; Sec. 29, all; Sec. 30, all; Sec. 31, all; Sec. 32, all; Sec. 33, all; Sec. 34, all. T. 11 S., R. 27 E., Sec. 1, all; Sec. 12, all; Sec. 13, all. T. 11 S., R. 28 E., Sec. 1, all; Sec. 2, all; Sec. 3, all public land within section; Sec. 4, all; Sec. 5, all; Sec. 6, all; Sec. 7, all; Sec. 8, all; Sec. 9, all public land within section; Sec. 10, all public land within section; Sec. 11, all; Sec. 12, all; Sec. 13, all; Sec. 14, all; Sec. 15, all public land within section; Sec. 16, all; Sec. 17, all; Sec. 18, all; Sec. 19, all public land within section; Sec. 20, all; Sec. 21, all public land within section; Sec. 22, all public land within section; Sec. 23, all; Sec. 24, all; Sec. 25, all; Sec. 26, all; Sec. 27, all public land within section; Sec. 28, all public land within section; Sec. 29, all; Sec. 30, all public land within section; Sec. 31, all public land within section; Sec. 32, all; Sec. 33, all; Sec. 34, all; Sec. 35, all; Sec. 36, all. T. 11 S., R. 29 E., Sec. 3, all; Sec. 4, all; Sec. 5, all; .Sec. 6, all; Sec. 7, all; Sec. 8, all; Sec. 9, all; Sec. 10, all; Sec. 11, all; Sec. 12, all public land within section; Sec. 13, all; Sec. 14, all public land within section; Sec. 15, all; Sec. 16, all; Sec. 17, all; Sec. 18, all; Sec. 19, all; Sec. 20, all; Sec. 29, all; Sec. 30, all; Sec. 31, all; Sec. 32, all. T. 11 S., R. 30 E., Sec. 7, all; Sec. 18, all. [FR Doc. 93-8256 Filed 4-8-93; 8:45 am] BILUNG CODE 4310-32-M [NV-030-93-4333-04] Temporary Closures of Public Lands in the Carson City District for Management of Three Off-Highway Vehicle (OHV) Races AGENCY: Bureau of Land Management, Interior. ACTION: Notice of temporary closures. SUMMARY: The Carson City District Manager announces the temporary closure of selected public lands during the official running of three competitive off-highway vehicle events. This action is being taken to provide for the public's safety and to protect adjacent resources.#
Attachment 1, passage 84Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18413 The following events are included in this notice: May 7-9, 1993 Western States Racing Association, Virginia City Grand Prix- Permit Number NV-03518--93-11, May 29-30, 1993 Valley Off-Road Racing Association, Yerington 400-Permit Number NV-03516-93-08 June 18-20, 1993 Valley Off-Road Racing Association, Virginia City 200-Permit Number NV-03516-93-09 FOR FURTHER INFORMATION CONTACT: Fran Hull, Walker Area Recreation Planner, Carson City District, Bureau of Land Management, 1535 Hot Springs Road, suite 300, Carson City, Nevada 89706, Telephone: (702) 885-6000. SUPPLEMENTARY INFORMATION: A map of each closure may be obtained from Fran Hull at the contact address. The event permittee is required to clearly mark and monitor the event route during the closure period. Specific information pertaining to each event is as follows: 1. Western States Racing Association Virginia City Grand Prix-Number NV- 03516-93-11. Multiple-lap motorcycle race on roads and trails near Virginia City, Nevada in Storey County within T17N R21E Sections 21-29, 32-36 and T16N R21E Sections 2-5. The Bureau Lands to be closed to the public include existing roads and trails identified on the ground as the 1993 Virginia City Grand Prix Motorcycle Race route and Bureau Lands within 100 yards of either side except at designated pit and spectator areas. These areas are located in Virginia City at the Old Railroad Depot. Section 24, T17N R21E will be closed to spectators and camping due to environmental sensitivity. This closure will be in effect from 6 p.m. on May 7 through 8 p.m. on May 9, 1993. Spectators shall remain in safe locations as directed by event officials and BLM personnel. 2. Valley Off-Road Racing Association Yerington 400 Off-Road Race-Permit Number NV-03516-93-08. Multiple-lap OHV race on roads and washes near Yerington, Nevada in Douglas and Lyon Counties, within T13N R24E; T14N R24E; T15N R24E; T16N R24E; T13N R25E; T16N R25E; T16N R26E; and T17N R26E. Bureau Lands to be closed include existing roads and washes identified on the ground as the 1993 Yerington 400 Off-Road Race route, and Bureau Lands within 100 yards of either side except at designated pit and spectator areas. This closure will be in effect from 6 p.m. May 29 until midnight on May 30, 1993. Spectator areas are: the Start/Finish area, Gallagher Pass Road and Hooten Wells Road at Check Point 5. Spectators shall remain in safe locations as directed by event officials and BLM personnel. 3. Valley Off-Road Racing Association Virginia City 200 Off-Road Race Number NV-03516-93-09. Multiple-lap off-road race on roads and trails near Virginia City, Nevada in Storey County within T17N R21E. The Bureau Lands to be closed to the public include existing roads and trails identified on the ground as the 1993 Virginia City 200 Off-Road Race route and Bureau Lands within 100 yards of either side except at designated pit and spectator areas. These areas are located in Virginia City at the Old Railroad Depot. Section 24, T17N R21E will be-closed to spectators and camping due to environmental sensitivity. This closure will be in effect from 6 p.m. on June 18 through 6 a.m. on June 20, 1993. Spectators shall remain in safe locations as directed by event officials and BLM personnel. Dated: March 31, 1993. James W. Elliott, District Manager. [FR Doc. 93-8291 Filed 4-8-93; 8:45 am] BILUNG CODE 4310-HC-M [UT-050-03-4210-05] Mountain Valley Management Framework Plan Amendment; Correction April 1, 1993. AGENCY: Bureau of Land Management, Interior. ACTION: Correction notice. SUMMARY: The legal description listed in the Federal Register Volume 58, Number 44, on March 9, 1993, as it pertains to the Mountain Valley Management Framework Plan Amendment needs to be changed as follows: Incorrect: T. 28 S., R. 1 W. Corrected: T. 23 S., R., 1 W. James M. Parker, State Director. [FR Doc. 93-8287 Filed 4-8-93; 8:45 am] BILUNG CODE 4310-0-U [NV-030-02-4210-05; N-571551 Realty Action; Noncompetitive Sale of Federal Land, Douglas County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Realty action: noncompetitive sale of Federal land in Douglas County, Nevada. SUMMARY: In response to a request from the owner of an adjoining private residential lot, the following described Federal land has been examined and found suitable for direct sale under sections 203 and 209 of the Federal Policy and Management Act of 1976 at not less than the appraised fair market value. Mount Diablo Meridian, Nevada T. 11 N., R. 21 E. Sec. 4: ESW1/4SE 4SW 4SW/SEV4, SE1/SEV4SW /SW /SE/, S/2SVZSEV4SW'4SE1/4; aggregating 3.4375 acres, more or less. SUPPLEMENTARY INFORMATION: The parcel was considered part of the residential landowner's private property until a determination was made that the survey subdividing the private land erroneously included approximately this area of public land. The homeowner's water well, pipeline, and a portion of the landscaped back yard area lie within the proposed sale area. The sale would make whole the landowner's estate. This action is consistent with the Bureau's land use planning for this area and would be in the public interest. No conflicts with State or local plans have been identified. The land would be offered for sale at fair market value, which will be determined by appraisal before the sale. The land will not be offered for sale until at least 60 days after the date of publication of this notice in the Federal Register, and not until all environmental and other required documents have been completed. Upon determination that the mineral interests associated with the parcel have no known value, conveyance of available mineral interests would occur simultaneously With the sale of the land, and the purchaser would be required to pay a $50.00 non-returnable filing fee for the administrative cost of that conveyance. The patent, when issued, would contain a reservation to the United States for a right-of-way thereon for ditches and canals constructed by the authority of the United States, Act of August 30, 1890 (26 Stat. 391, 43 U.S.C. 945). Publication of this notice in the Federal Register segregates the public lands from appropriation under the public land laws, including the mining laws, until the first of the following events occurs: (1) Issuance of patent as proposed, (2) the passage of 270 days from the date this notice is published in the Federal Register, or (3) publication of a notice in the Fedeiral Register that the segregation is terminated. FOR FURTHER INFORMATION CONTACT: More detailed information is available#
Attachment 1, passage 8518414 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 1 Notices from the Area Manager or Steep Weiss, Bureau of Land Management. Walker Resource Area, 1535 Hot Springs Road, suite 30, Carson City, Nevada 8970W. telephone (702) 8&5- 4 00. DAIEt Interested parties may submit comments, including issues and alternatives to be analyzed in an environmental assessment, to the Area Manager at the address above for a period of 45 days from publication of this notice in the Federal Register. Any objections would be reviewed by the Carson City District Manager, who may sustain, vacate, or modify the decision in this realty action. In the absence of any objections. the decision in this realty action will become the final determination of the Department of the Interior. Dated- March 30,1993. John Mattiemen, Am Mantger Walker Resource Are&. [FR Doc. 9$-289 Filed 4-8-93: 8:45 aml BILUNG COW 4SM-- [NV-30-03.,4210-4; N 4571541 Realty Action; Exchange of Public and Private Lands, Dougles County, NV AGENCY. 1ureau of Land Management, Interior. ACTION Notice of realty action, proposed land exchange. SUMMARY: The following described public lend in Douglas County, Nevada, has been proposed for disposal by exchange under section 200 of the Federal Land Policy and Management Act of October 2.1, 1976 (43 U.S.C. 1716):. Mount Diablo Meridian, Nevada T. 11 N. R. 21 E, Sec. 4: SWIANWIASEIA, NW,/SWI/SE/, N ,2SW SWV SE14, N V2S /2SW,/4SW /4SE4, S'ASW/,SW'/ SW SE',4 , W /SW/4SE'ASW/SWSE'/4; aggregating approximately 29.0625 acres. In exchange, the United States would require the following described private land in Douglas County, Nevada: T. 10 N., R. 23 ., MDM Sec. 3- *5E5V,45E* Sec. 9: SEI/4NE&/, NEIS &.4; SeC 10: *N hNE'A * , *EV/SW1A * , SW/,ASWYA. *only the portions lying west of the West Walker River, aggregating approxixnatey 200 acres. SUPPLEMENTARY INFORMATI tI The purpose of this exchange is to acquire private land adjvent to pubk: land along the West Walker River which is characterized by high public resource values of scenery, wildlife habitat, and outdoor recrestio. The Federal and to be exchanged is adjacent to a private residential area Ad a residential structure occupies a posticm of the land which had been erroneously considered private land. The ocbange would be consistent with provisions of the Walker Resource Management Pkn and would serve the public interest. An environmental assessment will be prepared. The proposed exchange would be based on equal land values determined by fair market value appraisals. Acreages of either the private land or the public land would be reduced as needed to equalize values. Land transfrred from Federal ownership would be subject to a reservation of right-of-way to the United States for ditches and canes, pursuant to the Act of August 30, 1890 (43 U.S.C. 945); Publication of this notice in the Federal Register segregates the public lands from appropriation under the public land laws, including the mining laws, until the first of the following events occurs: (1) Issuance of patent as proposed, (2) the passage of two years from the date this imtice is published in the Federal Register, or (3) publication of a notice in the Federal Register that the segregation is terminated. FOR FURTHER INFORMATION CONTACT: More detailed information is available from the Ares Manager or Steep Weiss, Bureau of Land Management, Walker Resource Area, 1535 Hot Springs Road, suite 300, Carson City, Nevada 89706; telephone (7021 685-4W00 DATES: Interested parties may submit comments, including issues and alternatives to be analyzed in an environmental assessment, to the Area Manager at the address above for a period of 45 days from publication of this notice in the Federal Register. Any objections would be reviewed by the Carson City District Manager, who may sustain, vacate, or modify the decision in this realty action. In the absence of any objections, the decision in this realty action will become the final determination of the Departret of the Interior. Dated: March 30, 1993. jobs Madiesse, Aeao anager, Walker Resource Area. [FR Doc. 93-8290 Filed 4-8-93; 8:45 am] BfILING CODE 4310--NC-U [CO-07034-7122-02-7425; COC-03" Notice of Avallabillty-Amendment of the Grand Junction Resource Management Plan and Notes of Raalty Action; Determination To Proceed With Exchange AGENCY: Bureau of Land Managemmt. Interior. ACTION: The Notice of Avai'lability of the amendment to the Grand Junction Resource Management Plan (RMP, tor allow certain lands tobe disposed of'by exchange, and Notice of Realty Actfont for a land exchange with Hawxhvst Ranch Compary. SUMMARY: Pursuant to section 102 of the National Environmental Policy Act of 1969 and section 202 of the Federal Land Policy and Management Act of 1976 (FLPMA). the Bureau of Land Management, Grand Junction District (BLM), will amend the Grand Junction Resource Area RMP, and under section 206 of FLPMA, the BLM will transfer title to the described public lands in exchanga for title to certain lands in Mesa County, Colorado. SUPPLEMENTARY INFORMATION: PLAN AMENDMENT: The Plan Amendment changes the category of the following, public lands in Mesa County, Colorado, from retention to disposal by land exchange: Sixth Pricipal Meidian Colres T. 9 S., R. 4 W., Sec. 8, E zSWI/, SEI; Sec. 9, SWI/*; Sec. 16. N NW /;. Sec. 17, NEV., N# SE/4.; Sec. 19, Lots 1, 2 and 3, NEIA, E,LNVW , NEW/SWI/4, NWY4SEV . T. 9., R. 96 W., Sec. 13, SEANENE. The lands descibed above contain 1238.72 acres, more or las& This amendment may be protested by persons or organizations that previously participated in this exchange process. A protesting party may raise only those issues submitted for the record during the process. Protests to this amendment shall be filed within 30 days of the date of publication of this notice in the Federal Register and shall contain: 1. The nfame, mailing address, telephone immber and interest of the person filing the protest; 2. A statement of the issue or issues being protested; 3. A statemet of the part or parts of the amendment being protested; 4. A copy of all documemts addressing the issue or issues that were submitted during the planning process by the protesting party or an indication of the date the issue or issues wewv discussed for the record; and#
Attachment 1, passage 86Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18415 5. A concise statement explaining why the State Director's decision is believed to be wrong. Protests on the Plan Amendment shall be sent to the Director, Bureau of Land Management, 1800 C Street, NW., Washington, DC 20240. In the absence of any protests, the amendment to the Resource Management Plan will become effective 60 days after publication of this notice in the Federal Register. Notice of Realty Action (NORA) For the proposed land exchange, the above-described lands are the selected BLM lands in the Preferred Alternative (Grassy Gulch). The exchange will be made subject to: 1. A reservation to the United States of a right-of-way for ditches and canals ,constructed by authority of the United States, Act of August 30, 1890 (43 U.S.C. 945). 2. A reservation to the United States of oil, gas and coal, along with the right of ingress and egress to explore for and extract these minerals, and subject to the rights of prior permittees or lessees to use so much of the surface of the land as is required for proper mining operations, without compensation to the patentee for damages resulting from proper mining operations for the duration of the following oil and gas leases and any authorized extension of the leases-Colorado 44749, 46740, 49215, 49216, 49511, 52263; and Colorado 09523C ( which is held by production). The offered private lands include the following: The Grassy Gulch parcel: Sixth Principal Meridian, Colorado T. 9 S., R. 94 W., Sec. 3, Lots 1, 2, 3 and 4, S1/2NW/4, SW /, N /SE/4, SW/4SE/4; Sec. 10, NW 4NEV4, NY/NWI/4; and, The Horsethief Ranch: Ute Principal Meridian, Colorado T. I N., R. 3 W. Sec. 7, Lots 3, 4 and 5, SWI/4NE1/ 4, E %.NW/; Sec. 8, Lots 2, 4, 5 and 6, NE1/SE /, SEI/NE /; Sec. 9, SNW/4, NW1/4SW1/4. Excluding the house, its appurtenances and up to 40 acres. The offered land will include an easement for public access through the excluded acreage, as necessary. The offered land described above contains approximately 1280 acres. To the extent the value of the offered private land exceeds the value of the selected public land, BLM may purchase the remaining offered land using appropriated funds. For a period of 45 days from the date of this NORA, interested parties may submit comments regarding the exchange to the District Manager, Grand Junction District Office, 2815 H Road, Grand Junction, Colorado, 81506. Objections will be reviewed by the State Director who may sustain, vacate or modify this NORA. In the absence of any planning protests or objections regarding the exchange, this realty action will become the final determination of the Department of Interior, effective 60 days from the date of publication of this NORA. FOR FURTHER INFORMATION CONTACT: The Environmental Assessment concerning this proposed land exchange and Amendment of the Grand Junction Resource Area RMP is available for review at the Grand Junction District Office, 2815 H Road, Grand Junction, Colorado, 81506. Further information can be obtained by contacting Alan Kraus, Realty Specialist, at (303) 244- 3000. Dated: March 29, 1993. Tim Hartzell, District Manager. [FR Doc. 93-7904 Filed 4-8-93; 8:45 am] BILUNG CODE 4310-J"-.d [G-010-4210-05/0-910-G30008] Bureau Motion Recreation and Public Purposes (R&PP) Act Classification AGENCY: Bureau of Land Management (BLW), Department of the Interior. ACTION: Notice or realty action. SUMMARY: ThA following public lands in Santa Fe County, New Mexico, have been examined and found suitable for classification for lease or conveyance to Santa Fe County under the provisions of the Recreation and.Public Purposes Act, as amended (43 U.S.C. 869 et seq.). Santa Fe County proposes to use the lands for solid waste transfer sites. New Mexico Principal Meridian, New Mexico T. 20 N., R. 9 E., NMPM, Sec. 13: SESWSWNE, NWNWNWSE, NENWNWSE, N1/2SWNWNWSE, Nil 2SENWNWSE; Sec. 23: SESESW. Containing 20 acres, more or less. The lands are not needed for Federal purposes. Lease and/or conveyance is consistent with current BLM land use planning and disposal of the public land for use as waste transfer sites is in the public's best interest and best use of the public land. EFFECTIVE DATE: Interested parties may submit comments on the recreation and public purpose lease on or before May 24, 1993. FOR FURTHER INFORMATION CONTACT: Lora Yonemoto at the BLM Taos Resource Area Office, 224 Cruz Alta Road, Taos, New Mexico 87571 or at (505) 758-8851. ADDRESSES: Comments should be sent to District Manager, BLM Albuquerque District Office, 435 Montano NE, Albuquerque, New Mexico 87107. SUPPLEMENTARY INFORMATION: Lease or conveyance of the lands will be subject to the following terms, conditions, and reservations. 1. Provisions of the Recreation and Public Purposes Act and to all applicable regulations of the Secretary of the interior. 2. A right-of-way for ditches and canals constructed by the authority of the United States Act of August 30, 1890, 26 Stat. 391, 43 U.S.C. 945. 3. All valid existing rights documented on the official public land records at the time of lease/patent issuance. 4. All minerals shall be reserved to the United States, together with the right to prospect for, mine, and remove the minerals. 5. Any other reservations that the authorized officer determines appropriate to ensure public access and proper management of Federal lands and interests therein. 6. Provisions of the Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. 6901-6987 and the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. 9601 and all applicable regulations. Upon publication of this Notice in the Federal Register, the lands will be segregated from all forms of appropriation under the public land laws including the general mining laws, except for lease or conveyance under the Recreation and Public Purposes Act and leasing under the mineral leasing laws. Interested parties may submit comments regarding the proposed lease/ conveyance or classification of the lands on or within 45 days of the date of publication of this notice. Classification Comments Interested parties may submit comments involving the suitability of the land for waste transfer sites. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs.#
Attachment 1, passage 8718416 I ............ r4denl Regter / Vol, 58, No. 67 / Friday, April 9, 1993 / Notices Applicatie Cemmf Interested parties may submit comments regarding the specific use proposed in the application and plan of development, whether the BLM followed proper administrative procedures in reaching the decision, or any other factor not directly related to the suitability of the land for solid waste transfer sites. Adverse comments will be evaluated by the State Director who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, this realty action will become the final determination of the Department of the Interior. Dated: Narh 3, 1993. Mkhael i Ford, District Manager. [FR Doc. 93-8235 Filed 4-8-93; 8.45 amnl RILLUfG COoE 4310-M.- Minerals MarIegsnm Searice Outer Continental Shelf Gas and Olt Lease Sales; List of Restrlctd Joltd Bidders Pursuant to the Authority vested in the Director of the Minerals Management Service by the joint bidding provisions of 30 CFR 256.41., each entity within one of the following groups shall be restricted from bidding with any entity in any other of the following groups at Outer Continental Shelf gas mid oil lease sales to be held during the bidding period from May 1, 1993, through October 31, 1903. The List of Restricted Joint Bidders published October 7, 1992, in the Federal Register at 57 FR 46194 covered the period of November 1, 1992, through April 30, 1993. Group I. Chevron Corporation; Chevron U.S.A. Inc. Group II. Exxon Corp.; Exxon San Joaquin Production Co. Group IlL Shell Oil Co., Shell Offsh oe Inc.; Shell Westrnt E&P Inc.; Shell Frontier Oil & Gas Inc. Group IV. Mobil Oil Corp.; Mobil Oil Exploration and Producing Southeast Inc.; Mobil Producing Texas and New Mexico Inc.; Mobil Exploration and Producing North America Inc. Group V. BP America Inc.; the Standard Oil Co.; BP Exploration & Oil Inc.; BP Exploration (Alaska) Inc. Dated: April 1,1993. Carolita U. Kallaur, ActingDikector. Miner als Management Service. [FR Doc. 93-8387 Filed 4-8-93, 845 am] BILLING COoE 450-l-W INTERNATIONAL DEVELOPMENIT COOPERATION AGENCY Agency for k**rnffna Development Board for Intenslma Food and Agriculturat Dvelopam e and Economic Coopwaon Pursuant to the provisions of the Federal Advisory Committe'Act, notice is hereby given of the One Hundred and Fifteenth Meeting of the Board for Internatimal Food and Agricultural Development and Economic Cooperation (BIFADEC) on April 29, 1993 from 8:30 a.m. to 3 p.m. The purposes of the meeting are: (1) To discuss a draft statement on the importance of major components of the U.S. program to the U.S. itself; (2) to discuss a draft policy paper on higher education; (3) to hear a report on world food situation and the role of the International Agricultural Research Centers and U.S. universities in alleviating hunger; and (4) to review a draft A.I.D. policy paper on research. This meeting will be held in The George Washington University Club, located at 800 21st Street, NW. 3rd Floor of the Marvin Center. This facility is three blocks from the Foggy Bottom Metro Station. For any further directions to the Meeting, you may contact Gretchen S. Berry on Telephone, 703- 816-0277. Any interested person may attend and may present ora statements in accordance with procedures established by the Board and to the extent time available for the meeting permits. C. Stuart Callison, Deputy Executive Director, Agency Center for University Cooperation in Development, Bureau for Research and Development, Agency for International Development will be the A.I.D. Advisory Committee Representative at this Meeting. Those desiring further information may write to Dr. Callison, in cae of the Agency for International Development, Room 900 SA-38, Washington, DC 0523-3801 or telephone him on (703) 81&-0294. Date: April 6, 1993. C. Stuart Caflisen, ActingExecutive Director, Ageicy Center for University Cooperation in Dfeveopment. [FR Doc. 93-8376 Filed 4-8-93; 8:45 aml BILLING COOE 6115-01- INTERSTATE COMMERCE COMMISSION [Ex Parts No. (Sub-Nth 2)1 Rate Guklimm; Non-Cosl Proceedings AGENCY: Interstate Commerce Commission. ACTION, Announcement of AAR demonstration; postponement of comment due date. SUMMARY: The Association of American Railroads (AAR) has agreed to demonstrate its simplified stand-alone cost (SSAC) model and answer questions at a workshop open to the public. Following the workshop, parties may address those issues of access to the SSAC model that remain unresolved. The date for filing substantive comments on the proposed rate reasonableness methodologies is postponed. DATES: The AAR demonstration will begin at 10 a.m., April 28, 1903, in Hearing Room A, Interstate Commerce Commission, 12th Street and Constitution Avenue, NW., Washington, DC. Written questions for the AAR concerning the SSAC model should be submitted by April 14, 1993. Comments addressing access to the SSAC model are due May 14, 1993. The date for filing formal comments on the various proposed maximum rate methodologies is postponed until further notice. ADDRESSES: Refer to Ex Parte No. 347 (Sub-No. 2). (1) Send one copy of questions concerning the SSAC model to: Office of the Secretary, Case Control Branch, Interstate Commerce Commission, Washington, DC 20423, and two copies directly to: Office of Economics, Interstate Commerce Commission, Washington, DC 20423. (2) An original and 10 copies of comments addressing access to the SSAC model should be sent tox Office of the Secretary, Case Control Branch, Interstate Commerce Commission., Washington, DC 20423. FOR FURTHER INFORMATION CONTACT: Jeanne P. Kowalski, (202) 927-6182. [TDD for hearing impaired: (202) 927- 5721.1 SUPPLEMENTARY INFORMATION: On February 25, 1993 the Office of Economics hosted a technical workshop in this proceeding. The AAR also participated In the workshop aid explained how its proposed sfmplifed stand-alone cost (SSAC) test worked for evaluating the reasonableness of rae charged captive shippers. The model relies upon confidential railroad waybill#
Attachment 1, passage 88Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18417 data and uses proprietary software developed by ALK Associates, Inc. In a petition filed March 10, 1993. the AAR offered to conduct a more detailed demonstration to "walk parties through use of the model." We believe such a demonstration would be useful. We are supporting this effort by providing the Commission's Hearing Room A on April 28, 1993 for the demonstration. It will begin at 10 a.m. The Office of Economics will independently develop hypothetical examples of rail shipments and submit them to the AAR to use in demonstrating how the model works and the types of results it produces. At the demonstration, the AAR will use computer terminals to show how to access and run the model and how the results are presented. There will be no charge to attend the demonstration and no one will be required to sign a protective order. To aid the AAR in preparing a useful demonstration, we ask that written questions regarding the SSAC model be submitted in advance to the Commission. The questions will be forwarded to AAR staff and copies will be made available at the door of the meeting room on the day of the demonstration. In addition, questions from the floor will be allowed. In its March 10th petition the AAR submitted a protective order which would allow access to the SSAC model. Because the SSAC model uses confidential and proprietary information, the AAR has been reluctant to allow access to the model without assurances protecting against the dissemination of confidential or proprietary data. Several shipper interests replied to the AAR petition. We will not rule on the AAR's request for a protective order nor on the alternative requests of the shippers for greater access to the SSAC model. Some of the concerns over protective conditions and the need for access raised in the petition and replies may be resolved as the AAR responds to questions raised by the parties at the workshop. Therefore, we will defer deciding these issues until after the workshop. To assist us in crafting an equitable solution regarding access to the SSAC model, persons will be allowed to file written comments no later than May 14,1993. After considering the AAR's petition for a protective order, the replies thereto and any additional comments filed by May 14th, we will issue a decision ruling on the various issues regarding access to the SSAC model. Finally, the date for filing substantive comments on the various-rate reasonableness methodologies proposed in this proceeding is postponed until issues concerning access to-the SSAC model have been resolved. [Soction 5a Application No. 341 Middlewest Motor Freight Bureau, Inc. and Central States Motor Freight Bureau, Inc.; Merger Agreement AGENCY: Interstate Commerce Commission. ACTION: Notice of filing joint application for merger, and for comments. SUMMARY: Middlewest Motor Freight Bureau, Inc. (MWB) and Central States Motor Freight Bureau. Inc. (CMB) (applicants) have filed a joint application seeking approval of the merger of CMB into MWB, and approval of the amended agreement of MWB so as to permit the MWB General Rate Committee to engage in ratemaking within the CMB territory. Other amendments provide for the inclusion of CMB member carriers in the membership of the MWB General Rate Committee and its Board of Directors. No changes are contemplated in the ratemaking procedures under the MWB agreement, which was previously approved by the Commission. DATES: Comments (original and 10 copies) must be filed by May 10. 1993 and concurrently served on applicants' representatives. Comments must contain the basis for supporting or opposing the proposed merger. Applicants' reply must be filed and concurrently served on the other commenting parties by May 19, 1993. ADDRESSES: Send an original and 10 copies of all documents (referring to Section 5a Application No. 34) to: Office of the Secretary, Case Control Branch, Interstate Commerce Commission, Washington, DC 20423. In addition, concurrently send one copy of comments to each of the following applicants' representatives: Byrce Rea, Jr.. 1920 N Street NW., suite . 420, Washington, DC 20036. John W. McFadden Jr., 1600 Wilson Blvd., #1210, Arlington. VA 22209. FOR FURTHER INFORMATION CONTACT: Jessie Hedge, (202) 927-5302 or Richard Felder, (202) 927--5610. [TDD for hearing impaired: (202) 927- 57211 SUPPLEMENTARY INFORMATION: The joint application seeks approval of the merger of CMB into MWB and approval of amendments to MWB's section Sa Agreement No. 34 which will permit collective ratemaking to continue within the CMB territory under the procedures and agreement of MWB. The MWB agreement currently provides for collective consideration and publication of rates between points in the MWB territory, on the one hand, and points in the CMB territory, on the other. The effect of the merger will be to transfer to MWB the responsibility for publication of rates within the CMB territory. The present MWB agreement defines its territory so as to include all points in Colorado, Illinois, that portion of the Chicago Commercial Zone within Indiana, Iowa. Kansas, the Upper Peninsula of Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming. The present CMB agreement defines its territory so as to include all points in Illinois, Indiana, Michigan, Wisconsin, and those points in New York, Pennsylvania, West Virginia, Kentucky, Iowa, and Missouri so designated in Central Territory Motor Carrier Rates, 8 M.C.C. 233 (1938). The CMB territory as defined in the present MWB agreement includes points in Indiana (except that portion within the Chicago Commercial Zone), the Lower Peninsula of Michigan, Ohio, and defined portions of New York, Pennsylvania, West Virginia, and Kentucky. That definition would be changed under a proposed amendment (1) by removing the exclusion for points in the Chicago Commercial Zone, and (2) by addin the following to the definition: "and, in addition, those points in New York, Pennsylvania, West Virginia and Kentucky, designated in the report of the I.C.C. in Central Territory Motor Carrier Rates, 8 M.C.C. 233 (1938), and not otherwise described herein." Applicants believe that significant economies of operation will result from the merger. They note that the functions of collective ratemaking, rate procedures, processing of independent actions, publication of agency tariffs and individuals tariffs, computer services, other printing and support services, research activities. Federal regulatory activities, and other functions, interests, and activities of both MWB and CMB are very similar. A merger will reduce the number of meetings that will be held for purposes of considering rate matters. Consequently, they believe that the economies and efficiencies can be achieved without a reduction in service to member carriers, participants, tariff subscribers, shippers, and the general public. The merged operation would be conducted under the terms of the MWB's agreement (with minor amendments) that received final#
Attachment 1, passage 8918418 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices approval (Section 5a Application No. 34 (Amendment No. 6), Middlewest Motor Freight Bureau, Inc., Agreement (not printed), served June 9, 1987), as consistent with the requirements of 49 U.S.C. 10706(b). This procedure essentially follows the procedure employed by the Commission in Section 5a Application No. 46, Southern Motor Carriers Rate Conference, Inc., and Central and Southern Motor Freight Tariff Association, Inc.-Merger Agreement (not printed), served March 24, 1989. If no comments are filed, the proceeding will be determined upon the basis of the existing record. No Commission decision accompanies this notice. Copies of the application are available for public inspection and copying at the Office of the Secretary, Interstate Commerce Commission, Washington, DC 20423, and from the applicants' representatives identified above. Applicants are encouraged to make copies promptly available to those who request them so that potential commenters will be able to submit informed comments on a timely basis. Authority: 49 U.S.C. 10321 and 10706 and 5 U.S.C. 553. Decided: April 1, 1993. By the Commission, Chairman McDonald, Vice Chairman Simmons, Commissioners Phillips, Philbin, and Walden. Sidney L. Strickland, Jr., Secretary. [FR Doc. 93-8377 Filed 4-8-93; 8:45 am] BILLING CODE 1035-41-M DEPARTMENT OF LABOR Labor Advisory Committee for Trade Negotiations and Trade Policy; Meeting Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463 as amended), notice is hereby given of a meeting of the Environment, Safety and Health Subcommittee of the Labor Advisory Committee for Trade Negotiations and Trade Policy. Date, time and place: April 26, 1993, 10 a.m.-12 noon, room S-3215 A&B, Department of Labor Building, 200 Constitution Avenue, NW., Washington, DC 20210. Purpose: To discuss trade negotiations and trade policy of the United States. This meeting will be closed under the authority of section 10(d) of the Federal Advisory Committee Act and 5 U.S.C. 552(c)(1). The Committee will hear and discuss sensitive and confidential matters concerning U.S. trade negotiations and trade policy. For further Information, contact: Fernand Lavallee, Director, Trade Advisory Group, Phone: (202) 523-2752. Signed at Washington, DC, this 1st day of April of 1993. Jorge Perez-Lopez, Acting Deputy Under Secretary International Affairs. [FR Doc. 93-8336 Filed 4-8-93; 8:45 am] SILUNG CODE 4810-2- 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. 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 Iowa: IA93-24 (Apr. 9, 1993) Modification to General Wage Determination Decisions The number of decisions listed in the Government Printing Office document entitled "General Wage Determinations Issued Under the Davis-Bacon and Related Acts" being modified are listed by Volume and State. Dates of publication in the Federal Register are in parentheses following the decisions being modified. Volume I Alabama:#
Attachment 1, passage 90AL93--8(Feb. 19, 1993) Florida: FL93-O(Feb. 19, 1993) FL93-17(Feb. 19,1993) FL93-28(Feb. 19, 1993) Kentucky: KY93-1(Feb. 19, 1993) KY93-2(Feb. 19. 1993) KY93-3(Feb. 19, 1993) KY93-4(Feb. 19, 1993) KY93-6(Feb. 19, 1993) KY93-7(Feb. 19, 1993) KY93-29(Feb. 19, 1993) KY93-32(Feb. 19, 1993) KY93-35(Feb. 19, 1993) Massachusetts: MA93-1Feb. 19. 1993) New York: NY93-8(Feb. 19, 1993) NY93-16(Feb. 19, 1993) NY93-20(Feb. 19, 1993) NY93-21(Feb. 19, 1993) Pennsylvania: PA93-17(Feb. 19, 1993) PA93-31(Feb. 19, 1993) Vermont: VT93-4(Feb. 19, 1993) West Virginia: WV93-2(Feb. 19,1993) Volume II Minnesota- MN93-3(Feb. 19, 1993) MN93-7(Feb. 19, 1993) MN93-8(Feb. 19, 1993) MN93-15[Feb. 19, 193) Texas: TX93-10(Feb. 19, 1993) Wisconsin: W193-8(Feb. 19, 1993) Volume HI Idaho: : ID93-2(Feb. 19, 1993) Oregon: OR93-1(Feb. 19, 1993) South Dakota: SD93-2(Feb. 19, 1993) SD93-3(Feb. 19, 1993) SD93-5(Feb. 19, 1993) SD93-6(Feb. 19, 1993) Utah: UT93-27(Feb. 19, 1993) Washington: WA93-1(Feb. 19, 1993) WA93-2(Feb. 19. 1993) WA93-3(Feb. 19, 1993) WA93-6(Feb. 19, 1993) WA93-9(Feb. 19, 1993) WA93-11(Feb. 19, 19931 General Wage Determination Publication General wage determinations issued under the Davis-Bacon and related Acts, including those noted above, may be found in the Government Printing Office (GPO) document entitled "General Wage Determinations Issued Under The Davis- Bacon And Related Acts". This publication is available at each of the 50 Regional Government Depository Libraries and many of the 1,400 Government Depository Libraries across the country. Subscriptions may be Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18419 purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 783-3238. When ordering subscription(s), be sure to specify the State(s) of interest, since subscriptions may be ordered for any or all of the three separate volumes, arranged by State. Subscriptions include an annual edition (issued on or about January 1) which includes all current general wage determinations for the States covered by each volume. Throughout the remainder of the year, regular weekly updates will be distributed to subscribers. Signed a' Washington. DC. this 2nd day of Apri 993. Alan L. Moss Director, Divsion of Wage Determinations. [FR Doc. 93-8141 Filed 4-8-93; 8:45 am] BILUNG CODE 4610-27-M Mine Safety and Health Administration Baylor Rush, Inc., et al.; Petitions for Modification The following parties have filed petitions to modify the application of mandatory safety standards under section 101(c) of the Federal Mine Safety and Health Act of 1977. 1. Baylor Rush Inc. [Docket No. M-93-41-C] Baylor Rush Incorporated, P.O. Box 32, Saint Clair, Pennsylvania 17970 has filed a petition to modify the application of 30 CFR 75.340(a)(1) (underground electrical installations) to its No. 2 Slope (I.D. No. 36--01789) located in Schuylkill County, Pennsylvania. The petitioner proposes to charge batteries on the mine's locomotive while all miners are out of the mine, and to allow intake air used to ventilate the charging station located between the No. 7 and No. a chutes in the inactive East Gangway level to continue through its normal route to the last open crosscut and into the monkey airway return. The petitioner asserts that the proposed alternate method would provide at least the same measure of protection as would the mandatory standard. 2. Broken Hill Mining Co. [Docket No. M-93-42-Cl Broken Hill Mining Company, P.O. Box 356, Sidney, Kentucky 41564 has filed a petition to modify the application of 30 CFR 75.1710 (canopies or cabs; electric face equipment) to its Mine No. 3 lI.D. No. 15-14959) located in Pike County, Kentucky. Due to low areas of travel in the mine, the petitioner proposes to operate electric face equipment without canopies. The petitioner states that the use of canopies would be detrimental to the roof control and to the safety of the equipment operator. 3. Consolidation Coal Co. [Docket No. M-93-43-C] Consolidation Coal Company, 1800 Washington Road, Pittsburh, Pennsylvania 15241-1421 has filed a petition to modify the application of 30 CFR 75.364(b)(2) (weekly examination) to its Amonate No. 31 Mine (I.D. No. 46-04421) located in McDowell County, West Virginia. Due to deteriorating roof conditions, certain areas of the return air course cannot be safely traveled. The petitioner proposes to establish eight air monitoring stations to monitor the air entering and leaving the affected area at each station. The petitioner asserts that the proposed alternate method would provide at least the same measure of protection as would the mandatory standard. 4. Western Mingo Coal Co. [Docket No. M-93-44-C Western Mingo Coal Company, P.O. Box 119, Naugatuck, West Virginia 25685 has filed a petition to modify the application of 30 CFR 75.350 (air course and belt haulage entries) to its Mine No. 5 (I.D. No. 46--08147) located in Mingo County, West Virginia. The petitioner proposes to install a low-level carbon mbnoxide detection system in all belt entries used as intake air courses. The petitioner asserts that the proposed alternate method would provide at least the same measure of protection as would the mandatory standard. 5. Windsor Coal Co. [Docket No. M-93-45-C Windsor Coal Company, P.O. Box 39, West Liberty, West Virginia has filed a petition to modify the application of 30 CFR 75.380{d)(4) (escapeways; bituminous and lignite mines) to its Windsor Mine (I.D. No. 46-01286) located in Brooke County, West Virginia. The petitioner proposes to maintain the longwall power center in the intersection of the entry to offset the pump and water cars and to maintain a clear 4-foot wide walkway to allow for passage in an emergency. The petitioner asserts that the proposed alternate method would provide at least the same measure of protection as would the mandatory standard.#
Attachment 1, passage 9118420 6. Laurel Run Mining Co. [Docket No. M-93-46-C Laurel Run Mining Company, HC 76 Box 425, Mt. Storm, West Virginia 26739 has filed a petition to modify the application of 30 CFR 75.364(b)(1) (weekly examination) to its Potomac Mine (I.D. No. 46-04190) located in Grant County, West Virginia. Due to deteriorating roof conditions, certain areas of the intake air course cannot be safely traveled. The petitioner proposes to establish evaluation points to monitor the quantity and quality of air entering and leaving the affected area. The petitioner asserts that the proposed alternate method would provide at least the same measure of protection as would the mandatory standard. 7. Clinchfield Coal Co. [Docket No. M--93-47-C] Clinchfield Coal Company, P.O. Box 4000, Lebanon, Virginia 42466 has filed a petition to modify the application of 30 CFR 75.1002 (high-voltage cables and transformers) to its McClure No. 1 Mine (I.D. No. 44-04251) located in Dickerson County, Virginia. The petitioner proposes to use high-voltage cables to power longwall equipment. The petitioner asserts that the proposed alternate method would provide at least the same measure of protection as would the mandatory standard. 8. Leeco, Inc. [Docket No. M-93-48-C] Leeco, Inc., 100 Coal Drive, London, Kentucky 40741-8799 has filed a petition to modify the application of 30 CFR 75.333(a), (b) and (e)(1) (ventilation controls) to its Mine No.- 60 (I.D. No. 15- 12941) located in Leslie County, Kentucky, its Mine No. 62 (I.D. No. 15- 16412) and its Mine No. 63 (I.D. No. 15- 16413 both located in Perry County, Kentucky. The petitioner proposes to use semi-permanent stoppings in rooms where second mining is projected and to construct the stoppings of 4-inch hollow-core concrete blocks, dry stacked and coated on one side with wood-fiber based plaster. The petitioner asserts that the proposed alternate method would provide at least the same measure of protection as would the mandatory standard. Request for Comments Persons interested in these petitions may furnish written comments. These comments must be filed with the Office of Standards, Regulations and Variances, Mine Safety and Health Administration, room 627, 4015 Wilson Boulevard, Arlington, Virginia 22203. All comments must be postmarked or Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices received in that office on or before May 10, 1993. Copies of these petitions are available for inspection at that address. Dated: April 2, 1993. Patricia W. Silvey, Director, Office of Standards, Regulations and Variances. [FR Doc. 93-8335 Filed 4-8-93; 8:45 am] BILLING CODE 4810-4-e Pension and Welfare Benefits Administration [Application No. D-9149, at &Ql Proposed Exemptions; Fred Hervey Interests Employees' Benefit Plan, et al. AGENCY: Pension and Welfare Benefits Administration, Labor. ' ACTION: Notice of proposed exemptions. SUMMARY: This-document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restriction 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 All interested persons are invited to submit written comments or request for a hearing on the pending exemptions, unless otherwise stated in the Notice of Proposed Exemption, within 45 days from the date of publication of this Federal Register Notice. Comments and request 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 included 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: Applicant 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. Fred Hervey Interests Employees' Benefit Plan (the Plan) Located in El Paso, TX [Application No. D-91491 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 CFR part 2570, subpart B (55 FR 32836, 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) shall not apply to the: (1) proposed sale by the Plan of a promissory note (the Note) to Sun World Corporation (the Employer), a party in interest with respect to the Plan#
Attachment 1, passage 92Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18421 and (2) the proposed sale by the Plan of undivided interests (the Interests) in certain real property (the Property) to the Employer. This proposed exemption is conditioned upon. the following requirements: (1) both sales are one-time transactions for cash; (2) the Plan is not required to pay any fees or commissions in connection therewith;-(3) the Note and the Interests are appraised by qualified, independent appraisers; (4) the sales price for the Note is based upon an amount representing the greater of its outstanding principal balance plus accrued interest or its fair market value as of the date of the sale; (5) the sales price for each Interest reflects its fair market value on the date of the sale; and- (6) within 90 days of the publication in the Federal Register of the notice granting this proposed exemption, SWC will file a Form 5330 with the Internal Revenue Service (the Service) and pay all applicable excise taxes resulting from the past prohibited leasing arrangements by two of its affiliates and *the Plan. Summary of Facts and Representations 1. The Plan is a profit sharing plan with total assets of $414,936 as of December 31, 1991. As of March 10, 1992, the Plan had 64 participants. The trustees of the Plan and decisionmakers with respect to Plan investments are Messrs. Fred Hervey, H.R. Fenstermacher, Ned P. Euseppi and Mark R. Matthew. 2. Sun World Corporation (SWC), a private holding company headquartered at 900 Magoffin, El Paso, Texas, is the sponsor of the Plan. SWC is wholly- owned by Mr. Harvey. Aside from Mr. Harvey, SWC's other principals are Messrs. Fenstermacher, Euseppi and Matthew. 3. Among the assets of the Plan is a promissory note. The Note, dated- December 21, 1990, is in the original principal amount of $140,000. The Note bears interest on the unpaid principal balance at the rate of 10 percent per annum and it is payable in equal monthly installments of $1,351 which includes both principal and interest. Payments under the Note commenced on January 21, 1991 and they will continue for three years, at which time the entire balance of the principal and interest will become due and payable in fall. 4. The Note was executed by the Plan and Mr. Arturo R. Andrade, an unrelated party, in connection with the sale of certain real property located at 7000 Alameda, El Paso, Texas, by the Plan to Mr. Andrade.1 The Note is secured by a first lien interest in the Property which consists of a restaurant and excess land. According to the applicant, the Plan has incurred no servicing fees in connection with the administration of the Note. As of December 21, 1992, the outstanding principal balance of the Note was $135,788. 5. Also among the assets of the Plan are undivided Interests in the following parcels of unimproved land: a. Parcel One is legally described as "Tracts 3A, 3C and 3D, O.A. Danielson Survey #312, City of El Paso, El Paso County, Texas." Parcel One consists of 130.5759 acres of land that Is accessed from Loop 375. The Plan has an 11.31 percent interest in Parcel One. b. Parcel Two is legally described as "Tract 2A, O.A. Danielson Survey #312, City of El Paso, El Paso County, Texas." It consists of 3.217 acres of land located on Loma Verde Drive. The Plan has an 11.31 percent interest in Parcel Two. c. Parcel Three is legally described as "Tract 2A, O.A. Danielson Survey #312, City of El Paso, El Paso County, Texas." Parcel Three is a portion of Parcel Two. It consists of .886 acres of land that is located on Loma Verde Drive. The Plan has an 11.31 percent interest in Parcel Three. d. Parcel Four is legally described as "Tract 6, O.A. Danielson Survey #312, City of El Paso, El Paso County, Texas." It consists of 5.320 acres of land that is located on Loma Verde Drive and Loop 375. The Plan has an 11.22 percent interest of a one-half interest in Parcel Four. 6. Initially, the Plan acquired an undivided 11.22 percent in Parcels One, Two and Three by warranty deed dated January 1. 1974 from Casa Mafiana Land & Water Company, Inc. (Casa Mafiana), I According to the applicant, the Plan acquired the Property on January 17, 1979 from Ms. Barbara Jeanne Abraham. an unrelated party, for $40,000. At that time, the Property was subject to an existing lease between Ms. Abraham, as lessor, and West Texas Drive-Ins, Inc. (West Texas), as lessee. West Texas was 98.73 percent owned by Mr. Hervey. The primary term of the lease was ten years, commencing May 1. 1967 and it contained an option to renew for an additional period of five years. The lease expired on April 30, 1982. Afterwards until its sale to Mr. Andrade, the Property was occupied by Lakeside Oasis, a restaurant owned by the O.A. Corporation, the successor to Weast Texas and an entity also more than 50 percent owned by Mr. Hervey. In this regard, the applicant is aware that the past leasing arrangements between the Plan, West Texas and the O.A. Corporation resulted in prohibited transactions in violation of the Act: Therefore, the applicant represents that SWC will file a Form 5330 with the Service and pay all applicable excise taxes that are associated with these past leasing arrangements within 90 days of the publication of the notice granting the exemptive relief herein in the Federal Register. which was then owned by the Plan, Mr. Harvey and certain of his related entities. The deed had been executed as a liquidating distribution of Casa Mafiana. In July 1975, the Plan acquired, by warranty deed, additional .09 percent undivided interests in Parcels One, Two and Three from Mr. Hervey, Ms. Shirleen Lockhart Hervey, who is Mr. Hervey's daughter, the O.A. Corporation and the Hervey Foundation, a private foundation established by Mr. Hervey. (The O.A. Corporation and the Harvey Foundation were merged into SWC in 1976.) The Plan paid no consideration to the grantors in connection with the acquisition of the Interests in Parcels One, Two and Three. The residual interests in these parcels are owned by the Harvey Foundation, 7. The Plan acquired its Interest in Parcel Four on March 30, 1987 from the County of El Paso. The Plan's Interest was set out as an 11.22 percent interests in the warranty deed. The Plan paid no consideration to acquire this Interest.2 The residual interests in Parcel Four are held as follows: SWC (1z undivided interest), Hervey Foundation (88.69 percent of a 1/2 interest), Mr. Hervey (.03 percent of a 1/2 interest), Ms. Harvey (.015 percent of a 1/2 interest), and two unrelated parties-John A. Gillett, Jr. (.015 percent of a 2/2 interest), and the Estate of Kenneth Carroll (.03 percent of a 1/z interest).3 8. According to the applicant, the Plan's Interests in Parcels One, Two, Three or Four have never been used by or leased to anyone, including parties in interest since their acquisition by the Plan. The applicant represents that the Plan has, however, paid its proportionate share of real estate taxes since it has owned the Interests. Through the year ending 1991, the applicant states that the Plan has paid a total of $38,502 in real estate taxes. 9. In order that the Plan can convert its assets to cash, terminate and make a final distribution to its participants, SWC requests an administrative 2 Parcel Four had been previously conveyed to the County of El Paso by Dedication Deed dated May 2, 1973 and it was to be used solely as a public road. According to the terms of this deed, the property conveyed would revert to the grantors, Fred Hervey, Inc. (FHI) and Cas Mafiana. if not used as a public road. Because the road was never constructed, the County of El Paso reconveyed Parcel Four to FHI and the Plan, as successor in interest to Case Mahana. 3The Department is expressing no opinion in this proposed exemption on whether the acquisition and the holding by the Plan of the Interests in Parcels One. Two, Three and Four, in conjunction with Mr. Hervey and the Hervey Foundation, violated any of the provisions of part 4 of title I of the Act.#
Attachment 1, passage 9318422 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices exemption from the Department to purchase the Note and the Interests from the Plan. Therefore, SWC proposes to acquire the Note for an amount representing the greater of its outstanding principal balance plus accrued interest or its fair market value on the date of the sale. In addition, SWC proposes to purpose the Plan's Interests in Parcels One, Two, Three and Four for an amount representing the fair market value of such Interests on the date of sale. SWC proposes to pay the consideration in cash. The Plan will not be required to pay any real estate fees or commissions in connection therewith. 10. The Note has been valued by Mr. Mark H. Gilbert, an independent appraiser. Mr. Gilbert is a consultant in the Real Estate Loan Department of the Bank of El Paso, located in El Paso, Texas. He has over 26 years of experience in servicing, reviewing and evaluating real estate loan portfolios. In an appraisal report dated June 23, 1992, Mr. Gilbert states that after examining the terms of the Note, he would recommend that his bank purchase the Note for 70 percent of its present loan balance or $95,947. In a November 4, 1992 letter updating his appraisal report, Mr. Gilbert describes certain factors he considered in placing the fair market value of the Note at $95,947. He states that he has based his valuation on the following conditions: (a) The loan to value ratio (based upon an appraisal of the underlying Property that was performed by William Scott Burns and Company dated May 23, 1990. Mr. Gilbert notes that the loan to value ratio for the Property is close to 100 percent. He represents that this factor is a cause for great concern since the collateral may have to be liquidated if Mr. Andrade does not pay the Note. Assuming the Property is sold, he explains that the sales expense could easily fall in the 20-25 percent range. He also explains that a knowledgeable purchaser would require a discount of that amount in order to cover the possibility of a loss in case of a foreclosure and subsequent sale. (b) The creditworthiness and financial strength of the borrower. Mr. Gilbert also represents that Mr. Andrade's creditworthiness and financial strength are additional causes for concern. Because Mr. Andrade is not an American citizen and has no verifiable assets within the United States, Mr. Gilbert does not believe his personal guarantee would be of any consequence assuming he defaulted on the loan. Therefore, he states that a further discount of the Note is warranted.' (c) The borrower's payment history on the loan. Mr. Gilbert represents that Mr. Andrade's payment history on the Note is of concern to him because Mr. Andrade is frequently delinquent. Therefore, he believes another discount of the Note is warranted. (d) Market interest rates. Mr. Gilbert explains that the Note has a 10 percent interest rate. Notes of this type, he represents, would carry interest rates of 12-14 percent. Therefore, he believes a further discount of the Note would be warranted. (e) Unusual terms and conditions of the Note. Mr. Gilbert explains that the balloon feature of the Note makes it risky to a subsequent purchaser since at the time of maturity, Mr. Andrade would either have to make a large cash payment or be able to refinance the oan. On the basis of these factors, Mr. Gilbert again concludes that the Note is worth $95,947. Therefore, the proposed selling price for the Note will be $137,067, representing the principal balance outstanding plus accrued interest.5 11. The Plan's Interests in Parcels One, Two, Three and Four were appraised by Messrs. Scott Eschenbrenner, RM and W. Scott Burns, MAI, independent appraisers associated with the real estate appraisal firm of William Scott Burns and Company of El Paso, Texas. In separate appraisal reports dated January 13, 1992, the appraisers valued the subject property as of December 31, 1991. The valuations determined by the appraisers for Parcels One, Two, Three and Four as well as the value of the Plan's Interests in such property are as follows: Property Value of Value of property rsti- Parcel one ........ $1,300,000 $147,030 Parcel two ........ 45,000 5,090 Parcel three ...... 26,000 2,941 Parcel four ........ 55,000 3,086 Totals ..... 1,426,000 158,147 In addenda to the appraisals of June 23, 1992 and January 5, 1993, Mr. 4The Department expresses no opinion heroin on whether the acquisition and holding of the Note by the Plan violated any of the provisions of part 4 of title I of-the Act. 5The applicant represents that the amount by which the sales price for the Note may exceed its fair market value, if treated as an employer contribution to the Plan, when added to the balance of the annual additions to such Plan, will not exceed the limitation prescribed by section 415 of the Code. Eschenbrenner represents that the Interests are of no unique or special value to SWC by reason of their proximity to other property owned by SWC and/or its principals. Mr. Eschenbrenner concludes that upon the consummation of the sale, SWC will hold 11.22 percent and 11.31 percent interests in the subject Parcels. In his opinion, this amount of ownership is minimal and due to the limited control in ownership, he believes there would be no added value to SWC. Thus, based upon the independent appraisals, the Plan will sell the Note and the Interests to SWC for an aggregate sales price of $295,214. 12.in summary, it is represented that the proposed transactions will satisfy the statutory criteria for an exemption under section 408(a) of the Act because: (a) The sales of the Note and the Interests will represent one-time transactions for cash; (b) the Plan will not be required to pay any fees or commissions in connection therewith; (c) the Note and the Interests have been appraised by qualified, independent appraisers; (d) the sales price for the Note will be based upon an amount representing the greater ofits outstanding principal balance plus accrued interest or its fair market value as of the date of the sale; and (e) the sales price for each Interest will be based upon an amount reflecting Its fair market value on the date of the sale. Tax Consequences of Transaction The Department of the Treasury has determined that if a transaction between a qualified employee benefit plan and its sponsoring employer (or affiliate thereof) results in the plan either paying less than or receiving more than fair market value, such excess may be considered to be a contribution by the sponsoring employer to the plan and therefore must be examined under applicable provisions of the Code, including sections 401(a)(4), 404 and 415. Notice to Interested Persons Notice of the proposed exemption will be given to all interested persons within 7 days following the publication of the notice of pendency in the Federal Register. Such notice will 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 on and/or to request a hearing with respect to the notice of proposed exemption. Comments or requests for a hearing are due within 37 days after the date of publication of this proposed exemption in the Federal Register.#
Attachment 1, passage 94Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18423' ' | ' ' III I III I I For Further Information Contact: Ms. Jan D. Broady of the Department, telephone (202) 219-8881. (This is not a toll-free number.) Local No. 60 Health and Welfare Fund (the Plan) Located in Leominster, Massachusetts (Application.No. L-90151 Proposed Exemption The Department is considering granting an exemption under the authority of section 408(a) of the Act and in accordance with the procedures set forth in 29 CFR part 2570, subpart B (55 FR 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 shall not apply to the cash sale of a parcel of real property (the Property) by the Plan to the New England Joint Board of the Retail, Wholesale and Department Store Union, AFL-CIO (the Joint Board),.for the greater of (1) $212,000 in cash or (2) the fair market value of the Property as of the date of the sale, provided the following conditions are satisfied: a) the purchase price is not less than the fair market value of the Property on the date of the sale; and b) the fair market value of the Property is determined by a qualified, independent appraiser as of the date of the sale. Summary of Facts and Representations 1. In 1962, Local No. 60 of the Retail, Wholesale and Department Store Union, AFL-CIO (Local No. 60) and the Foster Grant Corporation (FG), pursuant to their collective bargaining agreement, established the Plan to provide health and welfare benefits to Union employees of FG. Local No. 60 is a local affiliate of the Joint Board, which is the regional organization for all locals of the Retail, Wholesale and Department Store Union in the six New England states. Union trustees of the Plan also serve as officers or staff members of the Joint Board. 2. The Plan has been terminated because FG is bankrupt and has, effectively, gone out of business and ceased to exist. There has not been a collective bargaining agreement between FG and Local No. 60 since August 13, 1991, when FG consummated the sale of its Technical Products Division. On August 9, 1991, the Plan's trustees unanimously voted to terminate the Plan and distribute the Plan's assets to its beneficiaries upon FG's sale of its Technical Products Division, which would terminate the collective bargaining agreement. 3. The Plan's trustees are now attempting to effectuate the Plan's termination and so distribute its assets to its approximately 850 beneficiaries. Part of the action required to accomplish these objectives is the sale of the Property, which consists of a building located at 149 Mechanic Street in Leominster, Massachusetts. The Plan acquired the Property on May 15, 1967 from J..Henry and Corinne A. Goguen, unrelated third parties, for $40,000. 4. The trustees have attempted to sell the Property to third parties by listing it with an independent real estate broker. Mr. Thomas Morin of Century 21 Realty in Lunenburg, Massachusetts, represents that the Property was listed with his agency in June 1991, at $299,000, and there were no interested buyers. On September 18, 1991, the price was reduced to $280,000, but still there have been no interested buyers. 5. On April 28, 1992, the Property was appraised by Mr. Lawrence W. Marshall of Northern Financial Services, Inc., an independent real estate appraiser in Leominster, Massachusetts, as having a fair market value of $212,000. Mr. Marshall noted that there had been no sale activity at the prices at which the Property had been listed with the real estate broker (see rep. 4, above) because the asking price had been above the market value range. The Plan's trustees are now requesting an exemption to permit the sale of the Property to the Joint Board at its appraised fair market value in order to terminate the Plan and distribute its assets to its participants. 6. The applicant represents that since January 1, 1985, the Plan has rented office space in the Property to various entities, some of which are parties in interest with respect to the Plan. The Plan rented space to the Leominster Joint Board of the Retail, Wholesale and Department Store Uniform from before January 1, 1985 to January, 1991. The monthly rent paid by the Leominster Joint Board was $400 from January, 1985 to December, 1986; $550 from December, 1986 to February, 1989; and $625 from February, 1989 to January, 1991, The Plan rented space to the Bay State Council of Retail, Wholesale and Department Store Union from before January 1, 1985 to December, 1991. The monthly rent paid by the Bay State Council was $150 from January, 1985 to December, 1986; $300 from December, 1986 to February, 1989; $415 for the month of February, 1989; $365 from March, 1989 to January, 1991; and $625 from January, 1991 to December, 1991. The Plan has also leased space in the Property to the Joint Board from December, 1991 to the present. For the month of December, 1991 the Joint Board paid a rent of $625; since January, 1992, when it substantially increased the amount of space it was renting, the Joint Board has paid a monthly rental of $1,625. 7. The applicant represents that it believes that the leases of office space in the Property by the Plan to the entities described in representation 6,above, all were at the fair market rental values for the spaces in question. However, the applicant represents that within 60 days of the granting of the exemption proposed herein, the Joint Board will make the Plan whole for any below- market rentals that may have been received by the Plan from the Leominster Joint Board, the Bay State Council or the Joint Board. The applicant represents that an independent party will review these past leases of office space to determine whether the Plan received fair market rental value for the leases. In addition, the Joint Board acknowledges that the Department is proposing no relief herein for the leases described in representation 6, above. Accordingly, the Joint Board represents that within 60 days of the granting of the exemption proposed herein, it will pay to the Department a civil penalty of $7,521.50 pursuant to section 502(i) of the Act, arising as a result of the above-described leases.6 8. In summary, the applicant represents that the proposed transaction meets the criteria of section 408(a) of the Act because: (a) The sale is a one-time transaction for cash, and no commissions will be paid with respect to the sale; (b) the purchase price for the Property will be not less than the fair market value of the Property; and (c) the fair market value of the Property will be determined by a qualified, independent appraiser. For Further Information Contact: Gary H. Lefkowitz of the Department, telephone (202) 219-8881. (This is not a toll-free number.) Johnson Paints, Inc. Employee Profit Sharing Plan (the Plan) Located in Fort Myers, Florida [Application No. D-9275] 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 CFR part 2570, subpart B (55 FR 32836, 32847, August 10, 1990). If the exemption is granted, the restrictions of sections 406(a) and 406(b)(1) and (2) of the Act and the "The amount of the civil penalty was determined by the Department, and agreed to by the applicant.#
Attachment 1, passage 9518424 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 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 a certain parcel of real property (the Property) from the Plan to Johnson Paints, Inc. (the Employer), the sponsor of the Plan, and the assumption by the Employer of two existing mortgages on the Property, provided that the following conditions are met: 1. The fair market value of the Property is established by appraisers independent of the Employer; 2. The Employer pays cash to the Plan in connection with the sale and assumes the existing mortgages on the Property; 3. Such cash payment amounts to no less than the greater of the current fair market value of the Property (less the remaining balance on the mortgages) or the total cash outlays made by the Plan in regard to the Property as of the date of sale; and 4. The Plan pays no fees or expenses in relation to the sale. Summary of Facts and Representations 1. The Employer is engaged in the business of the manufacture and sale of architectural coatings. The Plan is a profit sharing plan which had total assets of $329,385 and 94 participants as of December 31. 1992. The trustees of the Plan, Samuel Johnson and Marla Flint, are the individuals having investment discretion over the Plan assets involved in the proposed transaction. 2. The Property consists of approximately 2.2 acres of vacant land in Lee County, Florida, located adjacent to the corporate offices and manufacturing facilities of the Employer. The Plan acquired the Property in two contiguous tracts which together comprise one larger parcel. The first tract was purchased in October 1988 and the second tract was acquired In January 1989. The purchase price for each parcel was $97,875 plus closing costs. The applicant represents that the seller of both tracts, Herb Jones (Jones), is unrelated to the Plan and the Employer. Each tract was subject to a mortgage in the original amount of $78,300. The mortgage holder is Jones in each case. The total unpaid balance on the two mortgages together was $65,874 on December 31, 1992. As of that date, the total cash payments made by the Plan in regard to acquiring and holding the Property amounted to $183,579. The Property contains no improvements and has produced no income for the Plan. The applicant represents that the Property has not been used by the Employer or any other party in interest since the time of purchase by the Plan. 3. The Plan obtained an appraisal on the Property on September 22, 1992, from William E. Stewart, Jr., MAI and Paul B. Hobby (the Appraisers) of Stewart, Stephan & Bowen, Inc., a real estate appraisal and analysis firm located in Fort Myers, Florida. The applicant represents that the Appraisers are independent of the Employer. The Appraisers stated that the highest and best use of this vacant land would be for light industrial development. Utilizing the direct sales comparison approach to value, both Appraisers estimated the fair market value of the Property to be approximately $190,000. By letters. dated January 29 and February 15, 1993, the Appraisers stated that they were aware in making the appraisal that the Property is contiguous to property of the Employer and that the Employer was a prospective buyer of the Property. They did not attach a premium to the value for this particular purchaser, however. In their opinion, whether the Property in this case is developed by an adjacent property owner or an independent developer should not have an effect on the calculation of value. . 4. The Employer desires to acquire the Property at this time in order to permit future expansion of its facilities. Accordingly, the Plan proposes to sell the Property to the Employer. The Employer will pay cash to the Plan in regard to the sale and will assume the balance remaining on the two mortgages on the Property. The cash payment made by the Employer will be no less than the greater of the current fair market value of the Property based on an updated independent appraisal (less the remaining balance on the mortgages) or the total cash outlays made by the Plan in regard to the Property as of the date of sale. The Plan will pay no fees or expenses in connection with the proposed sale. 5. In summary, the applicant represents that the proposed transaction will satisfy the statutory criteria of section 408(a) of the Act because: (1) The fair market value of the Property will be established by real estate appraisers independent of the Employer; (2) the Employer will pay cash to the Plan and will assume the existing mortgages on the Property; (3) the cash payment will be no less than the greater of the current fair market value of the Property (less the remaining balance on the mortgages) or the total expenditures of the Plan on the Property up to the time of sale; (4) the Plan will pay no fees or expenses in regard to the sale; and (5) the sale will enable the Plan to divest itself of an investment which is illiquid and has produced no income for the Plan. For Further Information Contact: Paul Kelty of the Department, telephone (202) 219-8883. (This is not a toll-free number.) Communications Workers of America Savings and Retirement Trust (the CWA Plan) and The Tobacco Institute, Inc. Employees' Pension Plan Trust Agreement (the Tobacco Plan; together, the Plans) Located in Washington, DC [Application Nos. D-9304 and D-93051 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 CFR part 2507. subpart B (55 FR 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 the proposed cash sale by the Plans of certain real estate (collectively, the Properties) acquired as a result of foreclosure actions taken with respect to certain loans (the Loans) held by the respective Plans, to First American Bank (FAB), a party in Interest with respect to the Plans, provided the following conditions are satisfied: (a) The sales are one-time transactions for cash; (b) each Plan receives the greater of (i) the fair market value of the Properties held by it as of the date of the sale, or (ii) the original principal balance of the Loans, plus accrued interest, at the time the transaction is consummated; and (c) at the time the transaction is consummated, a qualified, independent appraiser has appraised the Properties and determined that the sales price is no less than the current fair market value of the Properties. Summary of Facts and Representations 1. The CWA Plan is a defined contribution plan which had approximately 2,484 participants and assets with a fair market value of approximately $18,728,641 as of December 31, 1992. The Tobacco Plan is a defined benefit'plan which had 147 participants and assets of approximately $17,189,226 as of December 31, 1992. 2. The applicants have requested an exemption to consummate three similar transactions. FAB proposes in each case to purchase from the Plans Properties located in the District of Columbia. FAB, in its fiduciary capacity, invested#
Attachment 1, passage 96Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18425 the Plans' assets in Loans for which the Properties were pledged as collateral (see rep. 3., below). Each of the Loans is currently in default as a result of the borrower's failure to pay interest on the Loans when due.7 The Loans are "interest-only loans," the entire unpaid principal balance of which became due and payable on default, together with accrued and unpaid interest. No principal was ever repaid on the Loans. In December, 1991, FAB, in its fiduciary capacity, foreclosed on the underlying Properties. However, the fair market value of each Property foreclosed upon was substantially less than the outstanding principal balance and accrued interest on the Loan secured by the Property. By consummating the purchase of the Properties, FAB will pay to the Plans the full amount of the Plans' investment in the Loans, including interest accrued and unpaid from the date of default to the date of the purchase.s FAB will thereby assume the risk of collecting the difference (deficiency) between the value of the Properties and the outstanding principal balance and accrued interest on the Loans, as well as the burden of the disposal of the Properties. 3. The Loans can be described as follows: On May 15, 1986, FAB, on behalf of the CWA Plan, extended a Loan in the principal amount of $375,000 to Mark Lobar (the Obliger), secured by a first deed of trust lien on Unit #207, 3030 K Street NW., Washington, DC, and on April 30, 1987, a Loan to the Obliger in the principal amount of $975,000 secured by a first deed of trust lien on Unit #208 of the same Property. Both Loans were extended for five-year terms, with Interest payable monthly; in the case of the $375,000 Loan, at a rate of 11% per annum, and in the case of the $975,000 Loan, at a rate of 10.375% per annum. 'The Department notes that the decisions to acquire and hold the Lowns and/or the Properties are governed by the fidicuary responsibility requirements of part 4. subtitle B. title I of the Act. In this regard, the Department herein is not proposing relief for any violations of part 4 of the Act which may have arisen as a result of the acquisition and holding of the Loans and/or the Properties. 5The Department wishes to point out that the exemptive relief being proposed herein extends only to those sections of the Act as described above. In this regard, the Office of the Comptroller of the Currency has informed the Department that a transaction that may be prohibited under te Act also may be a violation of the National Bank Act or constitute an unsafe or unsound banking practice, and that the exemption does not address the safety and soundness or the legality of the proposed transaction under the National Bank Act. Accordingly, FAB should satisfy itself that the transaction does not violate the National Bank Act or constitute an unsafe or unsound banking practice. On June 30, 1986, FAB, on behalf of the Tobacco Plan, extended a Loan to the Obliger in the principal amount of $104,000, secured by aT-st deed of trust lien on a residential condominium unit known as Unit #3019, 1080 Wisconsin Avenue NW., Washington, DC, for a five-year term with interest payable monthly at a rate of 10.5% per annum. The applicants represent that the Obligor is not, and at the time of any of the Loans was not, a party in interest with respect to any of the Plans. 4. Initial payment defaults on the Loans occurred during the months of May, June, and July, 1990. FAB has retained the services of J. Lee Donnelly & Son (Donnelly), independent real estate appraisers in Chevy Chase, Maryland, to appraise the properties. Donnelly has appraised Unit #207 of 3030 K Street as having a fair market value of $305,000 as of September 10, 1992 (the Loan it secures has principal and interest due of approximately $476,406); Unit #208 of 3030 K Street as having a fair market value of $1 million as of September 10, 1992 (the Loan It secures has principal and interest due of approximately $1,227,890); and Unit 3019 of 1080 Wisconsin Avenue as having a fair market value of $112,500 as of August 4, 1992 (the Loan it secures has principal and interest due of approximately $133,553). 5. Because FAB retains full investment discretion with respect to the Loans 9 and the Properties, the investment decision to sell the Loans or the Properties continues to be the sole responsibility of FAB. However, in view of the nature of the sale and the fact that it would be prohibited in the absence of the exemption proposed herein, FAB has obtained the consent of certain co- fiduciaries of each of the Plans to engage in the transaction. The CWA Plan Board of Trustees consists of nine individual trustees and FAB. The individual trustees have been informed of the proposed sale and consented thereto. For the Tobacco Plan, FAB is the investment manager for a fixed income portfolio which contains the Loan. The Pension Committee (the Committee) of the Tobacco Institute, Inc., the Plan's sponsor, sets out guidelines for investments, and FAB acts within those guidelines. The Committee has been informed of the proposed sale and has consented thereto. 9Even though the Properties have been foreclosed upon by FAB on behalf of the Plans. the Loans are still outstanding. The Loans have been reduced by the value of the Properties foreclosed upon, but this value is less than the outstanding principal balance and accrued interest on the Loans (see rep. 4, above). 6. FAB represents that the Loans are currently in default. Although the Loans and the Properties are transferable, FAB represents that no market exists for the Loans unless the holders are willing to accept a substantial discount on the principal amount of the Loans. FAB also represents that the market value of the Properties is significantly less than the outstanding balance on the Loans (see rep. 4, above). In the absence of the proposed exemption, FAB represents that each of the Plans would have to attempt to recover its investment through collection efforts against the Obligor. FAB represents that such collection efforts are likely to be unsuccessful as the Obligor has filed bankruptcy under Chapter 7 of the U.S. Bankruptcy Code and apparently there will be no distribution to unsecured creditors. 7. The applicants represent that there has been no income earned from the Properties either by FAB or the Plans. The applicants further represent that although FAB has defrayed the bulk of the costs in maintaining the Properties since the foreclosure, the Plans have paid approximately $100 to $200 in electric bills. FAB represents that It will reimburse the Plans in full for such expenditures as part of the purchase price. 8. In summary, the applicants represent that the proposed transaction satisfies the criteria contained in section 408(a) of the Act because: (a) The sale will be a one-time transaction for cash; (b) the Plans will sell the Properties to FAB for the greater of the current fair market value of the Properties, or the original principal balance of the Loans plus accrued interest at the time the sale is consummated; and (c) the Properties have been appraised by Donnelly, a qualified independent appraiser, who has determined that the fair market value of the Properties is currently less than the outstanding principal balance of the Loans plus accrued interest. For Further Information Contact: Gary H. 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#
Attachment 1, passage 9718426 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 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 that each application accurately describes all material terms of the transaction which is the subject of the exemption. Signed at Washington, DC, this 6th day of April 1993. Ivan Strasfeld, Director of Exemption Determinations, Pension and Welfare Benefits Administration, Department of Labor. [FR Dec. 93-8380 Filed 4-8-93; 8:45 am] BILLJNO CODE 4510-2"- [Prohibited Transaction Exemption 93-24; Exemption Application No. D-9211, at al.] Grant of Individual Exemptions; Welborn Clinic Employees' Retirement Plan, et al. AGENCY: Pension and Welfare Benefits Administration, Labor. ACTION: Grant of individual exemptions. 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, DC. 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 lans and their participants and eneficiaries; and (c) They are protective of the rights of the participants and beneficiaries of the plans. Welborn Clinic Employees' Retirement Plan (the Plan) Located in Evansville, Indiana [Prohibited Transaction Exemption 93-24; Exemption Application No. D-9211 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 (1) the transfer by the Plan of a parcel of real property (Parcel A) to the WANC Leasing company (WANC), a party in interest with respect to the Plan; (2) the Plan's acquisition of another parcel of real property (Parcel B) and a cash payment from WANC, in exchange for Parcel A; and (3) the modification of a lease (the Employer Lease) between the Plan and the Welborn Clinic (the Employer), the sponsor of the Plan; provided the following conditions are satisfied: (A)-All terms and conditions of the proposed transaction are at least as favorable to the Plan as those the Plan could obtain in an arm's-length transaction with an unrelated party; (B) The Plan is represented for all purposes in the transactions by the Citizens National Bank of Evansville, Indiana, the trustee of the Plan; (C) The Plan receives a purchase price for Parcel A which is no less than the fair market value of Parcel A. and which consists of Parcel B plus a cash payment of at least $10,000; (D) The Plan continues to receive rent under the Employer Lease of no less than the fair market rental value of the leased premises; and (E) The plan does not incur any expenses with respect to the transaction. 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 February 18, 1993 at 58 FR 8991. For Further Information Contact: Ronald Willett of the Department, telephone (202) 219-8881. (This is not a toll-free number.) James F. Volpe Electrical Contracting Corp. Pension Plan (the Pension Plan) and James F. Volpe Profit Sharing Plan (the P/S Plan; Together, the Plans) Located in Brooklyn, New York [Prohibited Transaction Exemption 93-25; Exemption Application Nos. D-9155 and D- 9156] 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: (1) The proposed loan (the Loan) by the Plans of no more than $180,000 to Salmieri- Matrone Partnership (the Partnership), a party in interest with respect to the Plans; and (2) the proposed personal guarantees of the Partnership's obligations under the Loan by Salvatore Salmieri and Anthony Matrone, parties in interest with respect to the Plans;#
Attachment 1, passage 98Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18427 provided that the following conditions are met: (a) The amount of each Plan's assets involved in the Loan does not exceed 25% of such Plan's total assets at any time during the transaction; (b) All terms and conditions of the Loan are at least as favorable to the Plans as those which the Plans could obtain in an arm's-length transaction with an unrelated party; (c) An independent, qualified fiduciary determines on behalf of the Plans that the Loan is feasible, in the best interests of the Plans as an investment for each Plan's portfolio, and protective of the Plans and their participants and beneficiaries; and (d) The independent, qualified 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 accurately describes all material terms of the transaction which is the subject of the exemption. Signed at Washington, DC. this 6th day of April 1993. Ivan Stramfeld. Director of Exemption Determinations. Pension and Welfare Benefits Administration, U.S. Department of Labor. [FR Doc. 93-8381 Filed 4-8-93; 8:45 am] DLUNG CODE 410-8-U fiduciary monitors compliance by the Partnership with the terms and conditions of the Loan throughout the duration of the transaction, taking any NUCLEAR REGULATORY COMMISSION action necessary to safeguard the Plan's interest, and monitors compliance by all parties with the terms and conditions of the exemption. 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 February 18, 1993 at 58 FR 8995. Documents Containing Reporting-or Recordkeeping Requirements; Office of Management and Budget Review AGENCY: Nuclear Regulatory Commission. ACTION: Notice of the Office of Management and Budget review of information collection. For Further Information Contact: Mr. E. F. Williams of the Department, SUMMARY: The Nuclear Regulatory telephone (202) 219-8883. (This is not Commission (NRC) has recently a toll-free number.) submitted to the Office of Management and Budget (OMB) for review the General Information following proposal for the collection of The attention of interested persons is information under the provisions of the directed to the following: Paperwork Reduction Act (44 U.S.C. (1) The fact that a transaction is the chapter 35). subject of an exemption under section 1. Type of submission, new, revision, 408(a) of the Act and/or section or extension: Revision. 4975(c)(2) of the Code does not relieve 2. The title of the information a fiduciary or other party In interest or collection: 10 CFR Part 20-. disqualified person from certain other Standards for Protection Against provisions to which the exemptions Radiation. does not apply and the general fiduciary 3. The form number if applicable: Not responsibility provisions of section 404 of the Act, which among other things applicable. 4. How often the collection is require a fiduciary to discharge his required: Annually or upon the duties respecting the plan solely in the occurrence of reportable accident. interest of the participants and 5. Who will be required or asked to beneficiaries of the plan and in a report: Holders of NRC licenses to prudent fashion in accordance with receive title to, own, acquire, section 404(a)91)(B) of the Act; nor does deliver, receive, and possess, use, or it affect the requirement of section initially transfer special nuclear 401(a) of the Code that the plan must material or design, build or operate operate for the exclusive benefit of the production or utilization facilities. employees of the employer maintaining 6. An estimate of the total number of the plan and their beneficiaries; responses: 1,763. (2) These exemptions are 7. An estimate of the total number of supplemental to and not in derogation hours needed to complete the of, any other provisions of the Act and/ requirement or request: 222,003 or the Code, including statutory or hours (216,815 for recordkeeping administrative exemptions and and 5,188 for reporting or 2.9 hours transactional rules. Furthermore, the per response.) fact that a transaction is subject to an 8. Abstract: 10 CFR part 20 establishes standards for protection against ionizing radiation resulting from activities conducted under licenses issued by the NRC. These standards in part require the establishment of radiation protection programs, the maintenance of radiation records, the recording of radiation received by workers, the reporting of incidents which could cause exposure to radiation and the submittal of an annual report to NRC of the results of individual monitoring. These mandatory requirements are needed to protect occupationally exposed individuals from undue risks of excessive exposure of ionizing radiation and to protect the health and safety of the public. Copies of the submittal may be inspected or obtained for a fee from the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Comments and questions can be directed by mail to the OMB reviewer: Ronald Minsk, Office of Information and Regulatory Affairs (3150-0014), NEOB- 3019, Office of Management and Budget, Washington, DC 20503. Comments can also be submitted by telephone at (202) 395-3084. The NRC Clearance Officer is Brenda J. Shelton, (301) 492-8132. Dated at Bethesda, Maryland, this 31st day of March 1993. For the Nuclear Regulatory Commission. Gerald F. Cranford, Designated Senior Official for Information Resources Management. [FR Doc. 93-8398 Filed 4-8-93; 8:45 am) BILUNG CODE 7590-01-6 Documents Containing Reporting or Recordkeeping Requirements: Office of Management and Budget (OMB) Review AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of OMB review of information collection. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. chapter 35). 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR Part 73- Physical Protection of Plants and Materials. 3. The form number if applicable: Not#
Attachment 1, passage 9918428 applicable. 4. How often the collection is required: On occasion. Required reports are collected and evaluated on a continuing basis as events occur. 5. Who will be required or asked to report: Persons who possess, use, import, export, transport, or deliver to a carrier for transport, special nuclear material. 6. An estimate of the number of responses annually: 68,574. 7. An estimate of the total number of hours needed annually to complete the requirement or request: 369,913 hours (an average of 0.61 hours per response plus 44.95 hours per recordkeeper). 8. An indication of whether section 3504(h), Pub. L 96-511 applies: Not applicable. 9. Abstract: 10 CFR part 73 prescribes requirements for establishment and maintenance of a physical protection system with capabilities for protection of special nuclear material at fixed sites and in transit and of plants in which special nuclear material is used. The revision reflects an increase in burden because of requirements for access authorization added by a rulemaking previously approved by OMB, as well as an adjustment to indicate an increased number of licensee event report records. Copies of the submittal may be inspected or obtained for a fee from the NRC Public Document Room, 2120 L Street NW. (lower level), Washington, DC. Comments and questions may be directed by mail to the OMB reviewer: Ronald Minsk, Office of Information and Regulatory Affairs (3150-0002), NEOB- 3019, Office of Management and Budget, Washington, DC 20503. Comments may also be communicated by telephone at (202) 395-3084. The NRC Clearance Officer is Brenda Jo. Shelton, (301) 492-8132. Dated at Bethesda. Maryland, this 1st day of April 1993. For the Nuclear Regulatory Commission. Gerald F. Cranford, Designated Senior Official for Information Resources Management. IFR Doc. 93-8399 Filed 4-8-93; 8:45 am] '%ILING CODE 75".-1-V Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices OFFICE OF MANAGEMENT AND BUDGET Office of Federal Procurement Policy Cost Accounting Standards Board; Organizational Changes and Changes In Cost Accounting Practices AGENCY: Request for public comments. SUMMARY: The Office of Federal Procurement Policy, Cost Accounting Standards Board (CASB), invites public comments concerning a Staff Discussion Paper on the topic of Organizational Changes and Changes in Cost Accounting Practices. DATES: Requests for a copy of the Staff Discussion Paper must be in writing and must be received by June 8, 1993. Comments must be in writing and must be received by June 23, 1993. ADDRESSES: Requests for a copy of the Staff Discussion Paper or comments upon its contents should be addressed to Mr. Rudolph J. Schuhbauer, Project Director, Cost Accounting Standards Board, Office of Federal Procurement Policy, 725 17th Street NW., room 9001, Washington, DC 20503. Attn: CASB Docket No. 93-01. FOR FURTHER INFORMATION CONTACT: Rudolph J. Schuhbauer, Project Director, Cost Accounting Standards Board (telephone 202-395-3254). SUPPLEMENTARY INFORMATION: The Office of Federal Procurement Policy, Cost Accounting Standards Board, is releasing a Staff Discussion Paper to solicit the views and concerns of contractors, Government agencies, professional accounting organizations and other interested parties relative to the application of CASB's regulatory provisions on changes in cost accounting practices in cases where a contractor elects to change its organizational structure during contract performance. In response to the CASB's solicitation of recommendations for agenda items (55 FR 48714, Nov. 21, 1990). a number 'of commenters recommended that the regulations governing changes in cost accounting practices be clarified. The commenters advised the Board that industry and Government officials are interpreting the prior Board's regulatory coverage differently and often disagree on whether a particular change made in a contractor's organizational structure did or did not result in a change in cost accounting practice. Note: The prior Board's regulatory provisions have been recodifled in the Federal Acquisition Regulation System (48 CFR, chapter 99, 57 FR 14148, Apr. 17, 1992). The Defense Production Act of 1950, as amended, 50 U.S.C. App. § 2168 entitled "Cost Accounting Standards Board," provided, in part, that the original CASB shall promulgate rules and regulations requiring defense contractors and subcontractors to agree to a price adjustment, with interest, for any increased costs paid to such contractor or subcontractor by the United States because of the defense contractor's failure to follow consistently his disclosed cost accounting practices in pricing contract proposals and in accumulating and reporting contract performance cost data. Section 26(h)(1) of the Office of Federal Procurement Act, 41 U.S.C. 422(h)(1), incorporates a similar requirement which was made applicable to both defense and nondefense negotiated Federal contract and subcontract awards. The regulatory criteria on changes in cost accounting practices that were established by the original Board to implement this continuing statutory requirement are a critical element in the process used for determining if contract price adjustments for increased costs are needed. Such criteria should, on a case- by-case basis, enable the contracting parties to reasonably reach a consensus on whether a particular organizational change did or did not result in a change in cost accounting practice. Based on the comments received, however, this may not always be the case. Accordingly, the Board is considering this topic for purposes of determining if more explicit or otherwise expanded regulatory provisions are needed. Section 26(g)(1) of the Office of Federal Procurement Policy Act, 41 U.S.C. 422(g)(1), requires that the Board, prior to the promulgation of any new or revised Cost Accounting Standard, consult with interested persons concerning the advantages, disadvantages and improvements anticipated in the pricing and administration of Government contracts as a result of the adoption of a proposed Standard. The purpose of the Staff Discussion Paper Is to solicit public views from interested parties with respect to the Board's consideration of the topic of Organizational Changes and Changes in Cost Accounting Practices. The Staff Discussion Paper presents a general overview of the interdependent relationship between a contractor's organizational structure and accounting systems, provides an analysis of the CASB's regulatory coverage, and raises a number of issues for consideration by potential commenters. It reflects research and analysis accomplished to date by the staff in the respective subject#
Attachment 1, passage 100Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18429 areas, and as such has not been formally approved by the Board. Allan V. Burman, Administrator for Federal Procurement Policy and Chairman, Cost Accounting Standards Board. [FR Doc. 93-8297 Filed 4-8-93; 8:45 am] BLLIN CODE 3110-l-N SECURmES AND EXCHANGE COMMISSION Forms Under Review by Office of Management and Budget Agency Clearance Officer; John J. Lane, (202) 272-5407. Upon Written Request, Copy Available From: Securities and Exchange Commission, Office of Filings, Information and Consumer Services, 450 Fifth Street, NW., Washington, DC 20549. Proposed Rules and Forms Rule/form File No. Requests Under Review by Office of Management and Budget Agency Clearance Officer: John J. Lane, (202) 272-2142. Upon written request copies available from: Securities and Exchange Commission, Office of Filings, Information and Consumer Services, 450 Fifth Street, NW., Washington, DC 20549. Proposed Amendment Rule O-5-File No. 270-378. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission has submitted for OMB approval proposed amendments to Rule 0-5 under the Investment Company Act of 1940 (Act). 'Amendments to Rule 0-5 would establish an expedited review procedure for various applications under the Act. Each of the 60 respondents would incur an annual estimated 5 burden hours to comply with this requirement. The estimated average burden hours are made solely for proposes of the Paperwork Reduction Act and are not derived from a comprehensive or even a representative survey or study of the costs of Commission rules or forms. Direct general comments to Gary Waxman at the address below. Direct any comments concerning the accuracy of the estimated average burden hours for compliance with Securities and Exchange Commission rules and forms to John J. Lane, Associate Executive Director, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549 and Gary Waxman, Clearance Officer, Office of Management and Budget, room 3208, New Executive Office Building, Washington, DC 20503. Dated: March 30, 1993. Margaret IL McFarland, Deputy Secretary. [FR Doc. 93-8310 Filed 4-8-93; 8:45 am] BUIUNG CODE 010.01-V Rule 53 .......................... : ............ 270-376 Rule 54 ....................................... 270-376 Rule 55 ....................................... 270-376 Rule 57(a) and Form U-57 ........ 270-376 Rule 57(b) and Form U-33-S .... 270-376 Amendments Rule/formy File No. Rule 1(c) and Form U5S ............ Rule 2 and Form U-3A-2 .......... 270-168 270-83 Notice is hereby given that pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission has submitted for OMB approval proposed rules 53, 54 and 55, new Forms U-57 and rule 57(a) and U-33-S and rule 57(b), and amendments to Form U5S, Rule 1(c) and U-3A-2, Rule 2 under the Public Utility Holding Company Act of 1935 ("Act") (15 U.S.C. 79 et seq.). Proposed rules 53, 54 and 55 do not create a reporting burden for respondents. These rules do, however, contain a recordkeeping and retention requirement; it is estimated that each rule will require ten hours of one recordkeeper's time for each company utilizing each rule. The Commission estimates that only seven of the registered holding companies will be engaging in the types of transactions that would trigger a recordkeeping requirement under any of the proposed rules, for an annual burden of seventy hours per rule. Proposed rule 57 imposes two reporting requirements. First, companies seeking foreign utility company status must file a notification on new Form U-57. It is estimated that this form will require three hours to complete, and that twenty companies may make this filing per year, for an annual burden of 60 hours. The second reporting requirement of Rule 57 is the filing of an annual report on new Form U-33-S. It is estimated that this form will require three hours to complete, and that eighty-nine companies may make this filing per year, for an annual burden of approximately 267 hours. The proposed amendments to Forms U5S, Rule 1(c) and U-3A-2, Rule 2 would change the reporting burdens associated with those forms. Form U5S is proposed to be amended to require annual reporting of investments in exempt wholesale generator and foreign utility companies. It is estimated that only seven of the fourteen companies that file Form USS would make the types of investments that would trigger this new reporting requirement. Those seven filers could incur a ten hour increase in the time spent preparing the form as a result of the proposed amendments, which corresponds to a total annual burden of approximately 202 hours. Form U-3A-2 would be amended to require the annual reporting by certain exempt companies of activities relating to exempt wholesale generators and foreign utility companies. It is estimated that 89 filers may be required to provide this information, which will increase the time of preparing the report by three hours for those filers, for a total annual burden of approximately 406 hours. Although the hourly report burden associated with Form U-1 would not change, the amendment to proposed rule 55 would have the effect of reducing the number of applications and/or declarations on Form U-1. The Commission anticipates that rule 55 will eliminate the necessity for seven filings on Form U-1 per year, or an annual reduction of 1,085 hours, for a total annual burden of 26,040 hours. The amendments would also reduce the number of statements required under rule 24 which must be filed with the Commission. The Commission anticipates a reduction of nine burden hours for complying with the requirements of rule 24 so the total annual burden would be 331 hours. These estimates of average burden hours are made solely for the purposes of the Paperwork Reduction Act and are not derived from a comprehensive or even a representative survey or study of the costs of SEC rules and forms. Direct general comments to Gary Waxman at the address below. Direct any comments concerning the accuracy of the estimated average burden for compliance with SEC rules and forms to John J. Lane, Associate Executive Director, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549, and Gary Waxman, Clearance Officer, Office of Management and Budget (Paperwork Reduction Projects 3235-0125 (Form U- 1), 3235-0164 (Form U5S, Rule 1(c)), 3235-0161 (Form U-3A-2, Rule 2) and 3235-00126 (Rule 24), room 3208, New#
Attachment 1, passage 10118430 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Executive Office Building, Washington, DC 20503. Dated: March 4, 19M3. Margaret H McFarzland. Deputy Secretary. [FR Dec. 92-8311 Filed 4-6-93; 8:45 aml SIUJNG CODE 1010-0, Forms Under Review by Office of Management and Budget Agency Clearance Officer: John J. Lane, (202) 272-5407. Upon Written Request, Copy Available From: Securities and Exchange Commission, Office of Filings, Information and Consumer Services, 450 Fifth Street NW.. Washington. DC 20549. Proposed Amendments Rule. 482-File No. 270-68. New Proposed New Form 482(g)-File No. 270-379. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). the Securities and Exchange Commission has submitted for OMB approval proposed amendments to rule 482 and proposed new Form 482(g), both under the Securities Act of 1933 (15 U.S.C. 77a- I et seq.). The amendments to rule 482 would permit certain advertisements ("off-the- page prospectuses") for mutual fund shares to include an order form if the off-the-page prospectuses contain specified disclosure. Any additional time necessary for mutual funds to obtain the information required to be disclosed in these prospectuses would be de minimis. Proposed Form 482(g) would be used as a cover sheet for off-the-page prospectuses that are filed with the Commission. Each of the 809 respondents would incur an annual estimated 6 burden hours to comply with this form. The estimated average burden hours are made solely for the purposes of the Paperwork Reduction Act, and are not derived from a comprehensive or even representative survey or study of the cost of SEC rules and forms. Direct general comments to Gary Waxman at the address below. Direct any comments concerning the accuracy of the estimated average burden hours for compliance with SEC rules and forms to John J. Lane, 450 Fifth Street, NW., Washington. DC 20549. and Waxman, Clearance Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, room 3208, New Executive Office Building, Washington, DC 20503. Dated: March 18, 1993. Margaret H. McFarland. Deputy Secretoy. [FR Doc. 93-8344 Filed 4-8-93; 8:45 am) 8RAL4 CODE 8010-01- Forms Under Review by Office of Management and Budget Agency Clearance Officer John J. Lane, (202) 272-5407. Upon Written Request, Copy Available From: Securities and Exchange Commission, Office of Filings. Information and Consumer Services, 450 Fifth Street, NW. Washington, DC 20549. Extension Rule 31a-2-File No. 270-174. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq), the Securities and Exchange Commission has submitted for extension of OMB approval Rule 31a-2 under the Investment Company Act of 1940 (17 CFR 270.17f-5). Rule 31a-2 concerns preservation of records by registered investment companies and certain majority-owned subsidiaries thereof. Each of the 3,997 respondents incur an average estimated 15.4 burden hours annually to comply with this requirement. The estimate of average burden hours is made solely for the purposes of the Paperwork Reduction Act, and is not derived from a comprehensive or even a representative survey or study of the costs of SEC rules and forms. Direct general comments to Gary Waxman at the address below. Direct any comments concerning the accuracy of the estimated average burden hours for compliance with SEC rules and forms to John J. Lane, Associate Executive Director, Securities and Exchange Commission. 450 Fifth Street, NW., Washington. DC 20549 and Gary Waxman, Clearance Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, (Paperwork Reduction Project 3235- 0179), room 3208. New Executive Office Building. Washington, DC 20503. Dated: March 29, 1993. Margaret H. McFarland, Deputy Secretay. [FR Doc. 93-8345 Filed 4-8-93; 8:45 aml BILUQ COD 1010-1-I [Roleme Nes. 33-607; 34--32101; 3- 25781; 38-2305; IA-136; IC-19378; FI. No. S7-2-93] Alternative Dispute Resolution Policy AGENCY: Securities and Exchange Commission. ACTION: Extension of time for comment. SUMMARY: The Securities and Exchange Commission is extending the date by which comments on the Commission's release requesting comment on how alternative dispute resolution and negotiated rulemaking processes might be used in the Commission's activities (Release No. 33-6872) (58 FR 6531, January 29, 1993) must be submitted from April 1, 1993, until July 1, 1993. DATES: Comments should be received on or before July 1, 1993. ADDRESSES: Comments should be submitted in triplicate to Jonathan G. Katz, Secretary, Securities and Exchange Commission. 450 Fifth Street. NW., Mail Stop 6-9, Washington, DC 20549. Comment letters should refer to File No. S7-2-93. All comment letters received will be made available for public inspection aud copying in the Commission's Public Reference Room, 450 Fifth Street, NW., Washington, DC 20549. FOR FURTHER INFORMATIUft CONTACT: Michael G. Lenett (202) 272-3094, Special Counsel, Office of General Counsel, Securities and Exchange Commission, 450 Fifth Street, NW., Mail Stop 6-6, Washington, DC 20549. SUPPLEMENTARY INFORMATION: In its Request for Comments Release, the Commission requested comments on the utility of ADR and negotiated rulemaking techniques to the Commission's activities. The Commission is aware that several groups or organizations would like to comment but need more time to do so. In view of this, and given the complexity of many of the topics under consideration, the Commission believes that an extension of time for comment is appropriate. The Commission has extended the comment period from April 1, 1993, until July 1, 1993. By the Commiion. Dated: April 2, 1993. Margaret H. McFarland, Deputy Secretozy. IFR Dec. 92-8308 Filed 4-8-93; &45 am} BILUNG CODE 8"4-a#
Attachment 1, passage 102Federal Register /Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18431 [Release No. 34-32105; International Swiss Release No. 530; File No. SR-Amex-93-09] Self-Regulatory Organizations; Filing and Order Granting Accelerated Approval of Proposed Rule Change by the American Stock Exchange, Inc. Relating to Options on the Eurotop 100 Index April 5. 1993 Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 ("Act"), 15 U.S.C. 78s(b)(1), notice is hereby given that on March 10, 1993, the American Stock Exchange-("Amex" or "Exchange") filed with the Securities and Exchange Commission ("Commission") the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission-is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Amex proposes, in connection with the listing of options on the Eurotop 100 Index ("E-100" or "Index"), to change the divisor applied to the Index calculation as disseminated by the European Options Exchange ("EOE") from two to ten. The text of the proposal is available at the Office of the Secretary, Amex, and at the Commission. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections (A), (B), and (C) below, of the most significant aspects of such statements. (A) Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The Commission approved, on March 14, 1992, an Exchange proposal to list options on the Eurotop 100 Index.' The proposal, as approved, provided that a divisor of five would be applied to the ISecurities Exchange Act Release No. 30463 (March 14.1992), 57 FR 9284 (March 17.1992). Index calculation as disseminated by the EOE so that the E-100 options would trade on an Index value equal to one-fifth the value of the EOE- disseminated Index. On November 2, 1992, the Commission approved an Exchange proposal to change this divisor from five to two.2 The Amex requested Commission approval to increase the Amex E-100 Index value to' one-half the value of the EOE- disseminated Index because it believed that the Index options would primarily be traded by institutional investors seeking to hedge large portfolios. - After the Amex E-100 options began trading in October of 1992, the Amex realized that this product is primarily being traded by retail investors, not institutional investors. Therefore, the Exchange currently is proposing to decrease the Amex E-100 Index value from one-half to one-tenth the value of the EOE's E-100 Index. This will be achieved by applying to the Index calculation disseminated by the EOE a divisor of ten. The current proposal, thus, reduces the value of the Amex E- 100 Index by one-fifth.3 In order to most efficiently effect the change in the Index value, the Exchange proposes to adjust outstanding E-100 options series similar to the way in which equity options are adjusted for a 5-for-1 stock split. On the effective date of the split ("ex-date"), the number of outstanding E-100 options contracts will be multiplied by five and the exercise price of each contract will be reduced by one-fifth. 4 The Exchange believes that effecting the adjustment in this manner will avoid any confusion associated with having "old" and "new" E-100 options series and symbol codes. Additionally, the Exchange believes that since the Commodity Exchange, Inc. trades E-100 futures based on the Index at its full value, options based on one-tenth the EOE-disseminated Index will continue to be easily related by investors seeking to use both the options and futures markets. The Exchange further believes that a lower valued Index will result in a substantial lowering of the dollar value of options premiums for E-100 contracts. The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act, in general, and section 6(b)(5), in particular, in that it is 2 Securities Exchange Act Release No. 31350 (October 23, 1992). 57 FR 49497 (November 2, 'On March 22, 1993, the Amex-calculated Index value was at 464.62. Under the proposed rule change, that value would be reduced to 92.92. 4 The Amex states that. as of April 2, 1993. open interest in the remaining April and May E-100 series totalled 18 contracts. designed to remove impediments to and perfect the mechanism of a free and open market and the national market system. (B) Self-Regulatory Organization's Statement on Burden on Competition The Amex believes that the proposed rule change will not impose a burden on competition. (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments on the proposed rule change were neither solicited nor received. Ill. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has requested that the proposed rule change be given accelerated effectiveness pursuant to section 19(b)(2) of the Act. The Commission finds that the 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 6.5 Specifically, the Commission continues to believe that the trading of options on the Index will promote the public interest, and help to remove impediments to a free and open securities market by providing investors with ameans to hedge exposure to market risk associated with European stock investments. The Commission further believes that changing the Index divisor from two to ten will result in the Index options premiums being more affordable for retail investors, thus, making the options more attractive to these investors. Additionally, the Commission further notes that the position and exercise limits currently in place for Amex E-100 options on the higher valued Index will remain in place after the Index value is reduced by one-fifth. Thus, the Commission does not believe that lowering the Index value will make the market for Index options readily susceptible to manipulation. Finally, the Commission believes that permitting the Exchange to adjust outstanding E-100 series similar to the way in which equity options are adjusted for a 5-for-1 stock split will reduce the likelihood that lowering the value of the Amex E-100 Index could result in investor confusion.e -'15 U.S.C 78f(b)(5) (19a). In order to provide adequate notice to investors. the Amex agrees to disseminate an Information Continued#
Attachment 1, passage 10318432 Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices The Commission finds good cause for approving the proposed rule change prior to the thirtieth day after the date of publication of notice of filing thereof in the Federal Register. Accelerating approval of this proposal will permit the Exchange to reduce the Index value prior to listing any new E-100 options series. The Commission further believes that merely changing the Index's divisor from two to ten does not substantially change the character of the Index options as approved by the Commission on March 14, 1992, 7 and does not raise any new issues. Accordingly, the Commission believes it is consistent with sections 19(b)(2) and 6(b)(5) of the Act to approve the proposed rule change on an accelerated basis. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing. Persons making written submissions should file six copies thereof with the Secretary. Securities and Exchange Commission, 450 Fifth Street, NW., Washington. DC 20549. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that atre filed with the Commission, and all written communications relating to the proposed rule change betwean 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 above-mentioned self-regulatory organization. All submissions should refer to the file number in the caption above and should be submitted by April 30, 1993. It is therefore ordered, Pursuant to section 19(b)(2) of the Act 8 that the proposed rule change (SR-Amex-93- 09) is approved. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.9 circular, substantially similar to that submitted to the Commission on April 2. 1993, not later than April 5. 1993. The Amex further agrees not to implement the preposed rule change until April 8, 1993. Telephome conversatdn between Ellen Kander, Special Counsel. Derivative Securities, Amex. and Richard Zack, Branch Chief, Division of Market Regulation, Commission, on April 2. 1993. 1 See supra note 1. 1 15 U.S.C. 78{(b)(2) (1a). o 17 CFR 200.30-3(a)(12) (1992). Margaret I. McFarlandL Deputy Secrekray. [FR Dec. 93-6346 Filed 4-8-93; 8:45 am) BILLNG CODE 001O41-6 (Release No. 34-32103; Fil No. SR-AMEX- 93-12] Self-Regulatory Organizations; Filing of Proposed Rule Change by the American Stock Exchange, Inc., Relating to the Expansion of the Post Execution Reporting System April 5. 1993. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 ("Act"), 15 U.S.C. 78s(bX1), notice ig hereby given that on March 23, 1993, the American Stock Exchange, Inc. ("Amex" or "Exchange") filed with the Securities and Exchange Commission ("SEC" or "Commission") the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Amex proposes to expand its Post Execution Reporting ("PER") system to permit the entry of up to 25,000 shares for eligible market and limit orders for designated Unit Investment Trust securities. Under the proposal, the Exchange's Floor Governors, in consultation with the senior management of the Exchange, will be given the authority to determine which Unit Investment Trust(s) should receive the 25,000-share (or any limit not exceeding 25,000 shares) PER eligibility designation. The text of the proposed rule change is available at the Office of the Secretary, Amex, and at the Commission. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in sections (A), (B), and (C) below, of the most significant aspects of such statements. (A) SeIf-Regulatory Organization's Statement of the Purpose of, and Statu toty Basis for, the Proposed Rule Change (a) Purpose The Amex's PER system provides member firms with the means to electronically transmit equity orders directly to the specialist's post for execution and reporting. Equity orders are either executed immediately by the specialist (market or marketable limit orders) or placed upon the specialist's book (limit orders). Initially, PER accepted only 100-share market orders and odd lot& Over time, PER order parameters have been increased gradually in response to both the operational needs of member firms and the Amex's need to remain competitively positioned with other exchanges' automated systems. The most recent increase in the size eligibility of PER market orders permitted an expansion of PER eligible orders to 5,000 shares.' The Amex now proposes to increase PER eligibility for eligible market and limit orders to 25,000 shares for designated Unit Investment Trust securities. The Amex explains that recent experience in the listing and trading of Unit Investment Trust securities has shown that specialists are able to continuously offer substantial "size" markets at very tight quote intervals. For example, in the case of Standard & Poor's Depositary Receipts ("SPDRs"), the Exchange's most recent listing of a Unit Investment Trust security, the specialist has publicly guaranteed 50,000-up markets during normal markets at the tightest (narrowest) possible quote interval, a &2 spread. Further, as a practical matter, size quotations in SPDRs are often at substantially higher levels, up to one million shares. To accommodate the ease of order entry and execution on behalf of members firms, particularly those with institutional customers, the Amex believes that an increase in PER eligibility to a 25,000-share level would be appropriate given the demonstrated interest in such products and the specialist's ability to maintain such size markets. The Amex states that the Exchange's Floor Governors, in consultation with the senior management of the Exchange, has been given the authority to determine which 'See Securities Exchange Act Release No. 28801 (February 15, 1991, 56 FR 7438 (order approving File No. SR-Amex-90-37.#
Attachment 1, passage 104Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 t Notices 1"M3 Unit Investment Trust(s) should receive the 25,000-share (or any limit not exceeding 25,000 shares) PER eligibility designation. (b) Basis The Amex believes that the proposed rule change is consistent with section 6(b) of the Act, in general, and furthers the objectives of section 6(b)(5), in particular, in that it will foster cooperation and coordination with persons engaged in facilitating . transactions in securities, and wil also result in more efficient and effective market operations, consistent with section 11A(a)(1)B) of the Act. (B) Self-Regulatory Organization's Statement on Burden en Competition The Amex states that the proposed rule change will not create a burden on competition given that th, use of the PER systemi is optional, and those firms which use PER can achieve more efficient handling of their respective orders. The Amex also believes that the proposal will enhance the Exchange's competitive status in providing efficient, fast and accurate order- delivery systems. (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No comments were either solicited or received. MI. Date of Effectiveness of the Proposed Rule Change and Timiag for Commission Action Within 35 days of the dote of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date If it finds such longer period to be appropriate and publishes its reason for so finding or (iil as to which the sell-regulatory organization consents, the Commission wilt: (a) By order approve such proposed rule change, or (b) Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington. DC 20549. Copies of the 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 chaW 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. 55=, will be available for inspection and copying at 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 above-mentined self-regulatory organization. All submissions should refer to the file number in the caption above and should be submitted by April 30, 1993. For the Corrmnission. by the Division of Market Regulation, pursuant to delegated authority.2 Margaret IL McFarland, Deputy Secretory. [FR Dec. 93-8348 Filed 4-8-93; 8A5 aml BILUNG CODE S010-01-1 imposition of summary fines for violation of the Smoking Policy.2 The following is the text of the BSE's proposed policy: Smoking Policy Smoking is prohibited in all areas of the Exchange unless specifically designated by the Market Performance Committee as a smoking area. These areas are currently the large trading floor lounge, the hallways outside of the restrooms and in private offices where the occupant permits smoking, Smoking is permitted in the conference rooms where a meeting of greater than one hour's duration is in session and none of the meeting attendees object. The Exchange may redesignate areas as smoking or non-smoking as deemed necessary and appropriate by the authorized Exchange committees and the Market Performance Committee, and with due notice to the members and staff. [Release No. 34-32104; Fib No. SR-BSE- 93-03] Self-Reguleto Orgmaniations; Filing of Proposed Rule Change by the Boston Stock Exchange, Inc. Relating to the Adoption of a Smoking Policy and the Addition of That Policy to Its Minor Rule Violatlon Plan April 5, 1993 Pursuant to section I W(1) of the Securities Exchange Act of 1934 ("Act"). 15 U.S.C_ 7asb)(1), notice is hereby given that on February 12, 1993. the Boston Stock Exchange, Inc. ("BSE!' or "Exchange") filed with the Securities and Exchange Commission ("Commission") the proposed rule change as described in Isome 1, 11 and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulaery Organizatio s' Statement of the Tm-ma of Substance of the Proposed Rul Change The BSE proposes to establish a Smoking Policy to regulate where on the Exchange premises smoking may occur and to amend its Minor Rale Violation Plan ("Pln")L to provide for the I. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statement may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B. and C below, of the most significant aspects of such statements. A. Self-Regulatory Orgonizatka '$ Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed Smoking Policy is to designqte certain areas of the Exchange as smoking areas and to prohibit smoking in all other areas. The policy was adopted in response to concerns regarding the effects of smoking on non-smokers in the work environment, balancing these concerns with providingan area or areas for smokers. Any changes in the designated areas for smoking must be approved by the Floor Facilities Committee (for trading floor areas) or the Rules Revision Committee (for all other Exchange areas) and ratified by the Market Performance Committee. In addition, the Exchange also is proposing to add the policy to the Plan to include 157 CF 2GG,3G-3Ua4IU)- (1102). The BSEs Plar for mtbitug and mporting minor disciplinary rule violations was approved by the Commission in Securities Exchange Act Release No. 26737 (April 17, 1989), 54 FR 16438-I (April 24,1989) (File No. SR-BSE--8&-2). 2 The BSE has requested approval, under Ple 19d-1(c)(2), 17 CFR 246.19.-1(c)(21. to amend its Rule I 9d-i minor ruis violation enforcemnt an& reporting plan to include violations of its smoking policy. See letter from Karen A. Aluise. Staff Attorney, BSE, to Diana Luka-Hopson. Branch Chief. Commission, dated February 9, 193.#
Attachment 1, passage 10518434 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices a fine schedule for violation of the Smoking Policy. The BSE proposes a fine of $100 for an initial offense and a fine of $250 for subsequent violations of the Smoking Policy. This would provide a deterrent to smoking in the restricted areas, as well as enable the Exchange to enforce the policy with the least amount of disruption. The Exchange's Plan provides that the Exchange may impose a fine, not to exceed $2,500, on any member, member organization, allied member, approved person, or registered or non-registered employee of a member or member organization for a minorviolation of certain specified Exchange rules. The purpose of the Plan is to provide for a response to a rule violation when a sanction is appropriate, but when initiation of a full disciplinary proceeding is not suitable because such proceeding would be more costly and onerous than would be warranted given the minor nature of the violation. The Plan provides for an appropriate response to minor violations of certain Exchange rules, while preserving the due process rights of the party accused through specified, required procedures. In the Exchange's initial filing which set forth the provisions and procedures of the Plan,3 the Exchange indicated that it periodically would amend the list of rules subject to the Plan as the Exchange deemed appropriate. The Exchange now seeks to add the following lolicy to the List: Violation of the Exchange Smoking Policy 2. Statutory Basis The statutory basis for the proposed smoking policy is section 6(b)(1) of the Act, in that the policy is an administrative action by the Exchange to require its members to comply with its rules and policies, and will ensure the orderly conduct of business on the floor and in the administrative areas without interfering with the personal comfort and safety of the members and staff. The addition of the policy to the Plan will advance the objectives of section 6(b)(6) of the Act in that its members and persons associated with its members will be appropriately disciplined for violations of rules and policies where the Exchange has determined that such violations are minor in nature. In accordance with sections 6(b)(7) and 6(d)(1), the Plan provides for a fair disciplinary procedure for the imposition of sanctions. 3 See supra note 1. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition. C. Self-Regulatoy Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the publication of this notice in the Federal Register or within such other period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve the proposed rule change, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying at the Commission's Public Reference Section 450 Fifth Street, NW., Washington, DC 20549. Copies of such filing will also be available for inspection and copying at the principal office of the BSE. All submissions should refer to File No. SR-BSE-93-03 and should be submitted by April 30, 1993. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. 93-8347 Filed 4-8-93; 8:45 am] BILUNG CODE 8010-Cl-U Self-Regulatory Organizations; Midwest Stock Exchange, Inc.; Application for Unlisted Trading Privileges In Two Over-the-Counter Issues and To Withdraw Unlisted Trading Privileges in Two Over-the- Counter Issues April 2, 1993. On March 29, 1993 the Midwest Stock Exchange, Inc. ("MSE") submitted an application for unlisted trading privileges ("UTP") pursuant to section 12(0(1)(C) of the Securities Exchange Act of 1934 ("Act") in the following over-the-counter ("OTC") securities, i.e., securities not registered under section 12(b) of the Act. File No. Sym- Issuer 7-10431 ...... AKLM Acclaim Entertain- ment common stock, $.02 par value. 7-10432 ...... FPNX First Pacific Net- works common stock, $.001 par value. The above-referenced issues are being applied for as replacements for the following securities, which form a portion of the Exchange's program in which OTC securities are being traded pursuant to the granting of UTP. The MSE also applied to withdraw UTP pursuant to section 12(0(4) of the Act for the following issues: File No. Symbol Issuer 7-10433 ...... RTRSY Reuters Holdings ADS, no par value. 7-10434 ...... BOAT Boatman's Bankshares Inc. common stock, $1.00 par value. Replacement issues are being requested due to a lack of trading activity. Comments Interested persons are invited to submit, on or before April 23, 1993, written comments, data, views and arguments concerning this application. Persons desiring to make written comments should file three copies with#
Attachment 1, passage 106Federal Register / VoL 58, No. 67 / Friday, April 9, 1993 / Notices 18435 the Secretary, Securities and Exchange Commission, 450 Fifth, Street, NW., Washington. DC 20549. Commentators are asked to address whether they believe the requested grant of UTP would be consistent with Section 12(f)(2), which requires that, in considering an application for extension or withdrawal of UTP in an OTC security, the Commission consider, among other matters, the public trading activity in such security, the character of such trading, the impact of such extension on the existing markets for such security, and the desirability of removing impediments to and the progress that has been made toward the development of a national market system. For the Commiuion. by the Division of Market Regulation, pursuant to delegated authority. Margaret IL McFarland, Deputy Secretary. [FR Doc. 93-8309 Filed 4-8-93. 8:45 am] BILLN COOE .010--- [Release No. 35-25783] Filings Under the Public Utility Holding Company Act of 1935 ('*Act") April 2, 1993. Notice is hereby given that the following filing(s) has/have been made with the Commission pursuant to provisions of the Act and rules promulgated thereunder. All interested persons are referred to the application(s) and/or declaration(s) for complete statement of the proposed transaction(s) summarized below. The application(s) and/or declaration(s) and any amendments thereto is/are available for public inspection through the Commission's Office of Public Reference. Interested persons wishing to comment or request a hearing on the application(s) and/or declaration(s) should submit their views in writing by April 26, 1993 to the Secretary, Securities and Exchange Commission, Washington, DC. 20549, and serve a copy on the relevant applicant(s) and/or declarant(s) at the address(es) specified below. Proof of service (by affidavit or, in case of an attorney at law, by certificate) should be filed with the request. Any request for hearing shall identify specifically the issues of fact or law that are disputed. A person who so requests will be notified of any hearing, if ordered, and will receive a copy of any notice or order Issued in the matter. After said date, the application(s) and/ or declaration(s), as filed or as amended, may be granted and/or permitted to become effective. Eastern Edison Company 70-8165 Eastern Edison Company ("Eastern"), 110 Mulberry Street, Brockton, Massachusetts 02403, a wholly owned electric public-utility subsidiary company of Eastern Utilities Associates, a registered holding company, has filed an application-declaration under sections 6(a). 6(b) and 7 of the Act and Rules 50 and 50(a) (5) thereunder. Eastern proposes to cause the Massachusetts Industrial Finance Agency ("Agency") to issue up to $45 million of refunding Pollution Control Revenue Bonds maturing no later than December 31, 2023 ("Refunding Bonds"). The Agency presently has outstanding $40 million principal amount of Pollution Control Revenue Bonds, 10.125%, due in 2008 ("1983 Bonds"). The 1983 Bonds are callable on August 1, 1993, and new revenue bonds may be issued as early as May 1, 1993, the proceeds of which would be used to refinance the 1983 Bonds. In order to effect the refinancing of the 1983 Bonds at lower interest rates, Eastern proposes to borrow, on or before December 31, 1994, the proceeds from the Refunding Bonds. The aggregate prncipal amount of such borrowings from the Agency would not exceed $45 million. The proceeds from the Refunding Bonds will be used to redeem the outstanding principal amount of the 1983 Bonds, plus (i) any, redemption premium on the 1983 Bonds, (ii) accrued interest on the 1983 Bonds, (iii) the costs of issuance of the Refunding Bonds, (iv) the expenses of paying, redeeming or purchasing the 1983 Bonds, (v) the costs of holding and investing proceeds of the Refunding Bonds pending such payment, redemption or purchase, and (vi) such reserves for debt service or other capital or current expenses as may be required by a bond resolution, financing documents or agreement securing the Refunding Bonds. The timing and amounts of such borrowings will be determined in light of market conditions and other relevant factors at the time of issuance. The terms of Eastern's borrowings from the Agency will be governed by one or more loan agreements and the amendments, if any, thereto which will require Eastern to make payments corresponding to the amounts required to pay the principal, interest and premium, if any, on the Refunding Bonds as they become due. The interest rates, payment dates, prepayment provisions and maturities of the Refunding Bonds will be determined at the time of issuance by negotiation between the Agency and the purchaser of the Refunding Bonds or the managing underwriter of a public offering of the Refunding Bonds. The Refunding Bonds will be issued as either fixed rate bonds ("Fixed Rate Bonds") or as variable rate bonds ("Variable Rate Bonds"). The Fixed Rate Bonds will bear a fixed interest rate until maturity. The Variable Rate Bonds will bear interest at a floating rate for interest rate periods determined by the Company. The interest rate will be determined by a remarketing agent pursuant to a remarketing agreement. Owners of the Variable Rate Bonds would also be able to tender their bonds for a mandatory purchase at 100% of the principal amount thereof plus accrued interest. It is expected that the Variable Rate Bonds will also provide for a conversion at the option of Eastern, to a fixed interest rate for the remaining life of the bonds. In order to secure its obligations under the Refunding Bonds, Eastern proposes: (1) To issue a series of its first mortgage and collateral trust bonds ("Additional Bonds"); (2) to issue an irrevocable letter of credit; and/or (3) to cause an insurance company to issue a policy guaranteeing payment of the principal of, premium, if any, and interest on the Refunding Bonds (collectively, "Collateral"). Eastern proposes to begin negotiations regarding the issuance and sale of the Collateral. It may do so. The Additional Bonds would be issued to the Agency under Eastern's Indenture of First Mortgage and Deed of Trust dated as of September 1, 1948, as supplemented and modified ("Indenture") and one or more supplemental indentures to be entered into. The interest rate, redemption and sinking fund provisions, if any, with respect to the Additional Bonds would correspond to the provisions of the Refunding Bonds. Eastern will not undertake to refinance the 1983 Bonds if it does not believe that the estimated net present value of the interest cost savings to be derived from the net difference between interest on the Refunding Bonds and the 1983 Bonds would, on an after-tax basis, be greater than the present value of all redemption and issuance costs, including any tendering and premium costs and credit enhancement expenses, assuming an appropriate discount rate. Eastern further proposes to issue and sell, through December 31, 1994, up to an aggregate principal amount of $175 million of: (1) Unsecured medium-terin#
Attachment 1, passage 10718436 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices notes ("MTNs"); and (2) unsecured notes ("Notes"). The MTNs would be offered under an indenture between Eastern and Citibank, N.A. as trustee. Eastern would offer the MTNs, from time to time, through one or more agents who regularly engage in the placement of these securities. The maturity dates of the MTNs will range from 3 months to 30 years and will be determined by agreement between Eastern and the respective purchasers or agents for the purchasers under agency agreements. Each MTN may be redeemable by Eastern prior to maturity, at par or at various premiums above the principal amount of the MTNs being redeemed plus accrued interest, if any, as determined from time to time by Eastern and the purchaser or its agent. Eastern anticipates that the commissions payable to the agents for placing the MTNs will range from 1/a of 1% to 7/b of 1% of the principal amount of MTNs sold through such agents depending upon the maturity of the MTNs sold. In addition, Eastern may sell MTNs to an agent, as principal, for resale to investors at a discount equal to such commission. The Notes will be issued directly by Eastern or sold by Its agents for a commission to lenders such as banks, insurance companies or similar institutions under note agreements and will mature in not more than ten years. Eastern anticipates that the commissions payable to the agents for placing the Notes will not exceed 1% of the principal amount of Notes sold through such agents. Terms of the sale of the MTNs and Notes will be determined in light of market conditions and other similar factors at the time of issuance. The MTNs and Notes will be sold at rates not in excess of those generally obtainable at the time of their pricing on sales of securities with similar terms and conditions, with the same maturity and by companies of comparable credit quality. Eastern proposes a maximum limit on the interest rates for the MTNs and the Notes of 9.15%. Eastern will not undertake to issue MTNs or Notes for refinancing purposes if it does not believe that the estimated net present value savings derived from the net difference between interest or dividend payments on any MTNs or Notes to be issued for refunding purposes would be, on an after-tax basis, greater than the present value of all redemption and issuing costs, including any tendering and premium costs, assuming an appropriate discount rate. Eastern proposes to begin negotiations regarding the issuance of the MTNs and Notes. It may do so. The proceeds from the MTNs and Notes will be used by Eastern for any of the following purposes: (1) Retirement or redemption of outstanding first mortgage bonds, medium-term notes, notes and preferred stock; (2) the repayment of outstanding short-term bank borrowings incurred in connection with the redemption of First Mortgage Bonds, MTNs, Notes and preferred stock; (3) the payment of underwriting costs and other issuance expenses; and (4) other corporate purposes, including (a) payment for construction of capital additions and improvements to plant and system, (b) working capital needs and the repayment of short-term borrowings incurred for such purposes, and (c) sinking fund payments and the retirement or redemption of outstanding securities. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. 93-8306 Filed 4-8-93; 8:45 am] SILUNG CODE 8010-01-4 [Investment Company Act Release No. 19380; 812-82501 Sagamore Funds Trust, et al.; Application for Exemption Under the Investment Company Act of 1940 April 2, 1993. AGENCY: Securities and Exchange Commission ("SEC"). ACTION: Notice of application for exemption under the Investment Company Act of 1940 (the "Act"). APPUCANTS: Raffensperger, Hughes & Co., Inc. ("Raffensperger" or "Distributor"); Sagamore Funds Trust ("Sagamore"); and all open-end registered investment companies that hereafter may be advised by Raffensperger, or any affiliated person of Raffensperger (as defined in section 2(a)(3) of the Act), and whose units or shares are offered at net asset value plus a sales load and which are offered in the same group of Investment companies, as defined in rule 11a-3 under the Act. RELEVANT ACT SECTIONS: Order requested under section 6(c) for exemption from the provisions of sections 2(a)(32), 2(a)(35), 22(c), and 22(d), and rule 22c- 1. SUMMARY OF APPUCATION: Applicants seek an order to permit them to impose a contingent deferred sales load ("CDSL") on certain redemptions of Sagamore's units or shares ("Units") for which Sagamore's front-end sales loads initially were waived, and to waive the CDSL under certain circumstances. FILING DATE: The application was filed on January 19, 1993, and an amendment thereto was filed on March 29, 1993. In a letter dated April 1, 1993, applicants' counsel has stated that an additional amendment, the substance of which is incorporated herein, will be filed during the notice period. HEARING OR NOTIFICATION OF HEARING: An order granting the application will be issued unless the SEC orders a hearing. Interested persons may request a hearing by writing to the SEC's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the SEC by 5:30 p.m. on April 27, 1993, and should be accompanied by proof of service on applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the SEC's Secretary. ADDRESSES: Secretary, SEC, 450 Fifth Street, NW., Washington, DC 20549. Applicants, 20 North Meridian Street, Indianapolis, Indiana 46204. FOR FURTHER INFORMATION CONTACT: Joseph G. Marl, Senior Special Counsel, (202) 272-3030, or Barry Miller, Senior Special Counsel, (202) 272-3018 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the SEC's Public Reference Branch. Applicants' Representations 1. Sagamore is an open-end diversified management investment company organized as an Indiana Business Trust on January 17, 1991. Raffensperger, an Indiana corporation registered as a broker-dealer pursuant to the Securities Exchange Act of 1934, is the distributor and principal underwriter for Sagamore. 2. Units of Sagamore are offered to the public at net asset value plus a sales load of 2.75% of the offering price (2.83% of the net asset value) on single purchases of less than $50,000. The sales load is reduced on a graduated scale on single purchases of $50,000 and over, and reduced sales loads are applicable through a right of accumulation by which purchasers may add to their investments in Sagamore by#
Attachment 1, passage 108Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18437 purchasing Units at the offering price applicable to the total of (a) the dollar amount then being purchased plus (b) an amount equal to the then current offering price or original cost. whichever is greater, of the Units then held by the purchaser and the purchaser's immediate family. 3. Reduced ales loads apply to the aggregate amount of purchases of Units of Sagamore made by any purchaser within a 13 month period pursuant to a letter of intent. Each purchase of Units under a letter of intent will be entitled to the sales load applicable to the total investment indicated in the letter of intent. If the total amount of Units purchased during the 13 month period does not equal the amount stated in the letter of intent, the purchaser will be notified and required to pay within 20 days of the expiration of the 13 month period the difference between the sales d applicable to the Units purchased at the reduced rate and the sales load applicable to the Units actually purchased pursuant to the letter of intent. 4. Applicants propose to offer Sagamore Units at net asset value plus a sales load on transactions involving less than $1,000,000, or such other amount as agreed to by applicants. For purchases of $1,000,000 or more (including letter of intent purchases), applicants will Impose no front-end sales load. Sagamore proposes to pay the Distributor a CDSL from the proceeds of certain redemptions of Units initially sold without a sales load. 5. The CDSL will be imposed only if a redemption transaction occurs within a specified period of time (the "holding period") following the Unit purchase and will be equal to a percentage of the lesser of (a) the net asset value of the Units at the time of purchase, or (b) the net asset value of the Units at the time of redemption. The proposed holding period is two years and the proposed CDSL is I percent. 6. Applicants represent that no CDSL will be imposed when an investor redeems Units held for longer than the holding period; for amounts representing capital appreciation of Units; or for Units derived from reinvestment of dividends or capital gains distributions. In determining whether a CDSL is payable, it will be assumed that a redemption is made first of Units not subject to the CDSL, including shares derived from Units, and then other shares in the order of purchase. 7. Applicants may change the holding period and the amount of the CDSL, provided, however, that applicants comply with proposed rule 6c-10 under the Act as currently proposed and as it may be reproposed, adopted, or amended; and provided that no change in the holding period and the amount of the CDSL will affect Units that already have been issued. In accordance with proposed rule 6o-10, the sum of any front-end sales load and contingent deferred sales load applicable to any sale of units will not exceed the maximum sales charge that could have been imposed under Article M, section 26(d) of the Rules of Fair Practice promulgated by the National Association of Securities Dealers, Inc. at the time the units were purchased. No contingent deferred sales load will be imposed on Units issued prior to the effective date of the requested order. 8. Applicants intend to waive all sales loads, including CDSLs, in connection with purchases of Units at net asset value by directors, trustees, officers, and employees of Sagamore and the Distributor, and immediate family members of the foregoing. Applicants also represent that they may sell Units without a sales load, including a CDSL, to particular classes of investors or transactions in accordance with the requirements of rule 22d-1 under the Act, in connection with purchases by (a) investment advisory clients of the Distributor; (b) trust accounts of financial institutions; and (c) shareholders of mutual funds (other than Sagamore) who paid a sales charge to such mutual fund and who reinvest the proceeds from a redemption of shares of such mutual fundwithin 14 calendar days in Units of Sagamore. Regarding item (c) above, the sales load, including the CDSL, will not be waived if the shareholder paid a deferred sales load, redemption fee (as such terms are defined pursuant to rule l1a-3 tinder the Act), or other charge in connection with the redemption of shares of such other mutual fund, because in such a situation the transaction may be prohibited under section 11(a) of the Act, absent an order of the SEC, as an exchange effected on a basis other than relative net asset values. Applicants will take such steps as may be necessary to determine that the shareholder has not paid a deferred sales load, redemption fee, or other charge in connection with the redemption of shares of such other mutual fund, including, without limitation, requiring the shareholder to provide a written representation that a deferred sales load, redemption fee, or other charge was not imposed upon redemption and, in addition, either (a) requiring the shareholder to provide an account activity statement reflecting the redemption that supports the shareholder's representation or (b) reviewing a copy of the current prospectus of the other mutual fund and determining that such other mutual fund does not impose a deferred sales load, redemption fee, or other charge. 9. Applicants also intend to waive the CDSL on the redemption of Units in the event of: (a) The death or disability of the Unit holder; (b) a lump sum distribution from a benefit plan qualified under the Employee Retirement Income Security Act ("ERISA") or 1974; or (c) systematic withdrawals from ERISA plans if the Unit holder is at least 591/2 years old. Applicants' Condition If the requested exemptive relief is granted, applicants agree to comply with the provisions of proposed rule 6c- 10 under the Act, as currently proposed and as it may be reproposed, adopted or amended. For the SEC, by the Division of Investment Management, under delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. 93-8343 Filed 4-8-93; 8:45 am] BiLUNG CODE 8010-01-M SMALL BUSINESS ADMINISTRATION Little Rock District Advisory Council; Public Meeting The U.S. Small Business Administration Little Rock District Advisory Council will hold a public *meeting at 9 a.m. on Wednesday, May 5, 1993, at the U.S. Small Business Administration, 2120 Riverfront Drive, suite 100, Little Rock, Arkansas, to discuss such matters as may be presented by members, staff of the U.S. Small Business Administration, or others present. For further Information, write or call Mr. Joseph T. Foglia, District Director, U.S. Small Business Administration, 2120 Riverfront Drive, suite 100, Little Rock, Arkansas 72202, (501) 324-5871. Dated: April 5, 1993. Dorothy A. Overal, Acting Assistant Administrator, Office of Advisory Councils. [FR Doc. 93-8358 Filed 4-8-93; 8:45 am] BILUNG CODE 1026-41-M Augusta District Advisory Council; Public Meeting The U.S. Small Business Administration Augusta District Advisory Council will hold a public meeting at 9:30 a.m. on Monday, May 10, 1993, at the Service Corps of Retired#
Attachment 1, passage 10916438 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Executives (SCORE) Office, 66 Pearl Street, suite 211, Portland, Maine, to discuss such matters as may be presented by members, staff of the U.S. Small Business Administration, or others presenL For further information, write or call Mr. Roy Perry, District Director, U.S. Small Business Administration, 40 Western Avenue, Augusta. Maine 04330, (207) 622-8378, Ext. 110. Dated: April 5, 1993. Dorothy A. OveraL Acting Assistant Administrator, Office of Advisory Councils. [FR Doc. 93-8356 Filed 4-8-03; 8:45 aml BILLING CODE 1025- -0 we have projected non-fuel costs based Office of the Secretary on the year ended December 31, 1992, data, and have determined fuel prices [Notice 93-31 on the basis of the latest available experienced monthly fuel cost levels as Commercial Space Transportation Advisory Committee; Open Meeting reported to the Department. By Order 93-4-7 fares may be Pursuant to section 10(a)(2) of the increased by the following adjustment Federal Advisory Committee Act (Pub. factors over the October 1979 level: L. 92-463, 5 U.SC App. 1), notice is Atlantic ....... ....... 1.5147 hereby given of a meeting of the Latin America .................. 1.3883 Commercial Space Transportation Pacific .................................................... 1.9375 Advisory Committee (COMSTAC). The Canada .............. 1.4238 meeting will take place on Wednesday, For further information contact: Keith April 28, 1993 from 8:30 a.m. to 5 p.m. A. Shangraw, (202) 366-2439. in room 2230 of the Department of By the Department of Thnsportation: April Transportation's headquarters building 2, 1993. at 400 Seventh Street SW., in Patrick V. Murphy, Washington, DC This will be the Acting Asistant Secret r for Policy and seventeenth meeting of the COMSTAC Clarksburg District Advisory Council; International Affair In addition to reports from the Public Meeting [FR Doc. 93-8294 Filed 4-8-.93: 8:45 am] respective COMSTAC Working Groups, fL.UN OM OWe ieu the meeting will address among other The U.S, Small Business things. commercial requirements for a Administration Clarksburg District potential new space vehicle. There will Advisory Council will hold a public Order Adjusting International Cargo also be a legislative update on meeting at 8:30 a.m. on Tuesday, May Rate Flexibility Level Congressional activities involving 4. 1993, at the River Tower Building, commerial space transportation. suite 302, 1102 Third Avenue, Policy Statement PS-109, This meeting is open to the interested Huntington, West Virginia, to discuss implemented by Regulation ER-1322 of public; however, space may be limiteti. such matters as may be presented by the Civil Aeronautics Board and Additional information may be obtained members, staff of the U.S. Small adopted by the Department, established by contacting Ms. Linda H. Strine at Business Administration, or others geographic zones of cargo pricing (202) 366-2980. present flexibility within which certain cargo For further information, write or call rate tariffs filed by carriers would be Dated: April 5, 1993. Mr. Marvin Shelton, District Director, subject to suspension only in Donald R. Trilling, U.S. Small Business Administration, extraordinary circumstances. Acting Director Office of Conmercial Space P.O. Box 1608, 168 W. Main Street, The Standard Foreign Rate Level Transportation. Clarksburg, West Virginia 26302-1608, (SFRL) for a particular market is the rate [FR Doc. 93-8374 Filed 4-8-93; 8:45 am) (304) 623-5631. in effect on April 1, 1982, adjusted for BILUNG CODE 4Wo-.-M the cost experience of the carriers in the Dated: April 5. 1993. applicable ratemaking entity. The first Dorothy A. Overal, adjustment was effective April 1, 1983. Federal Aviation Administration Acting Assistant Administrator, Office of By order 92-2-31, the Department AdvisoryCouncils. established the currently effective SFRL [FR Doc. 93-8357 Filed 4-8-93; 8:45 am] BIULNG COOE 002-00 adjustments. In establishing the SFRL for the two- month period beginning April 1, 1993, we have projected non-fuel costs based DEPARTMENT OF TRANSPORTATION on the year ended December 31. 1992 [Docket 37SS4 data, and have determined fuel prices on the basis of the latest available Application; Passenger Facility Charge (PFC) at Chicago O'Hare International Airport Chicago, IL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION. Notice of intent to rule on application*. Notice of Order Adjusting the Standard experienced monthly fuel cost levels as Foreign Fare Level Index reported to the Department. By Order 93-4-9 cargo rates may be The International Air Transportation adjusted by the following adjustment Competition Act (IATCA). Public Law factors over the April 1, 1982 level: 96-192, requires that the Department, as Atlantic ................... ............ 1.2302 successor to the Civil Aeronautics Western Hemisphere ............................ 1.1386 Board, establish a Standard Foreign Fare Pacific .............. 1.5037 Level (SFFL) by adjusting the SFFL base For further information contact: Keith periodically by percentage changes in actual operating costs per available seat- a Shangraw (202) 366-2439. mile (ASM). Order 80-2-69 established By the Department of Transportation: April the first interim SFFL, and Order 9Z--Z- 5, 1993. 27 established the currently effective Patrick V. Murphy, two-month SFFL applicable through Acting Assistant Secretary for Policy and March 31, 1993. InternationalAffairs. In establishing the SFFL for the two- [FR Doc. 93-8375 Filed 4-8-93: 8:45 aml month period beginning April 1, 1993, BILNO C013 4510-4-N SUMMARY: The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at Chicago O'Hare International Airport under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and part 158 of the Federal Aviation Regulations (14 CFR part 158). DATES: Comments must be received on or before May 10, 1992. ADDRESSES: Comments on this application may be mailed or delivered in triplicate to * FAA at the following address#
Attachment 1, passage 110Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18439 Federal Aviation Administration, Chicago Airports District Office, 2300 East Devon Avenue, room 258, Des Plaines, IL 60018. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. David R. Mosena, Commissioner of the City of Chicago Department of Aviation at the following address: 20 N. Clark Street, suite 3000, Chicago, IL 60602. Air carriers and foreign air carriers may submit copies of written comments previously provided to the City of Chicago Department of Aviation under § 158.23 of part 158. FOR FURTHER INFORMATION CONTACT: Mr. Louis H. Yates, Manager, Chicago Airports District Office, 2300 East Devon Avenue, room 258, Des Plaines, IL 60018, (312) 694-7335. The application may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public comment on the application to impose and use the revenues from a PFC at Chicago O'Hare International Airport .under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and part 158 of the Federal Aviation Regulations (14 CFR part 158). On March 26, 1993, the FAA determined that the application to impose and use the revenue from a PFC submitted by the City of Chicago Department of Aviation was substantially complete within the requirements of § 158.25 of part 158. The FAA will approve or disapprove the apIilication, in whole or in part, no later than June 25, 1993. The following is a brief overview of the application. Level of the proposed PFC: $3.00. Proposed charge effective date: August 1, 1993. Proposed charge expiration date: October 31, 1999. Total estimated PFC revenue: $513,787,558. Brief description of proposed project(s): Projects to Impose and Use PFC Airfield: Noise Mitigation; Terminal; Safety and Security; Heating and Refrigeration; Terminal Support; Project Formulation; International Terminal. Projects Only to Impose a PFC Airfield: Noise Mitigation; Terminal; Safety and Security; Heating and Refrigeration; Terminal Support. Class or classes of air careers which the public agency has requested not be required to collect PFCs: Air Taxi. Any person may inspect the application in person at the FAA office listed above under "FOR FURTHER INFORMATION CONTACT." In addition, any person may, upon request, inspect the application, notice and other documents germane to the application in person at the City of Chicago Department of Aviation. Issued in Des Plaines, Illinois, on March 31, 1993. W. Robert Billinsley, Manager, Airports Division, Great Lakes Region. [FR Doc. 93-8367 Filed 4-8-93; 8:45 am] SILUNO CODE 4010-I- Application; Passenger Facility Charge (PFC) Chicago Midway Airport, Chicago, IL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of intent to rule on application. SUMMARY: The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at Chicago Midway Airport under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR part 158). DATES: Comments must be received on or before May 10, 1993. ADDRESSES: Comments on this application may be mailed or delivered in triplicate to the FAA at the following address: Federal Aviation Administration, Chicago Airports District Office, 2300 East Devon Avenue, Room 258, Des Plaines, IL 60018. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. David R. Mosena, Commissioner of the City of Chicago Department of Aviation at the following address: 20 N. Clark Street, Suite 3000, Chicago IL 60602. Air carriers and foreign air carriers may submit copies of written comments previously provided to the City of Chicago Department of Aviation under § 158.23 of part 158. FOR FURTHER INFORMATION CONTACT: Mr. Louis H. Yates, Manager, Chicago Airports District Office, 2300 East Devon Avenue, Room 258, Des Plaines, IL 60018, (312) 694-7335. The application may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at Chicago Midway Airport under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and part 158 of the Federal Aviation Regulations (14 CFR part 158). On March 26, 1993, the FAA determined that the application to impose and use the revenue from a PFC submitted by the City of Chicago Department of Aviation was substantially complete within the requirements of § 158.25 of part 158. The FAA will approve or disapprove the application, in whole or in part, no later than June 25, 1993. The following is a brief overview of the application: Level of the proposed PFC: $3.00 Proposed charge effective date: August 1, 1993 Proposed charge expiration date: September 30, 2001 Total estimated PFC revenue: $83,039,821 Brief description of proposed project(s): Projects to Impose and Use PFC Airfield; Noise Mitgation; Terminal; Support Facilities; Airport Master Plan. Projects Only to Impose a PFC Airfield; Noise Mitigation; Terminal. Class or classes of air carriers which the public agency has requested not be required to collect PFCs: Air Taxi. Any person may inspect the application in person at the FAA office listed above under "FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon request, inspect the application, notice and other documents germane to the application in person at the City of Chicago Department of Aviation. Issued in Des Plaines, Illinois, on March 31, 1993. W. Robert Bflllngsley, Manager, Airports Division, Great Lakes Region. [FR Doc. 93-8366 Filed 4-8-93; 8:45 am] BILUNG CODE 410-1-MU Application; Passenger Facility Charge (PFC) Indianapolis International Airport, Indianapolis, IN AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of intent to rule on application. SUMMARY: The FAA proposes to rule and invites public comment on the#
Attachment 1, passage 111I ti440 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices application to impose and use the revenue from a PFC at Indianapolis International Airport under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 19901 (Pub. L. 101-508) and part 158 of the Federal Aviation Regu.lations (14 CFR part 1581. DATES: Comments must be received on or before May 10, 1993 ADDRESSES: Comments on this application may be mailed or delivered in triplicate to the FAA at the folowing address: Federal Aviation Administratio . Chicago Airports District Office, 2300 Devon Avenue, room 255, Des Plaines, Illinois 60018. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. Daniel C. Orcutt, Executive Director, of the Indianapolis Airport Authority at the following address: Indianapolis Airport Authority, 2500 South High School Road, Box 100 Indianapolis, Indiana 46241-4941. Air carriers and foreign air carriers may submit copies of written comments previously provided to the Indianapolis Airport Authority under § 158.23 of part 158. FOR FURTHER INFORtTION CONTACT. Mr. Louis H. Yates, Manager, Chicago Airports District Office, 230e Fast Devon Avenue, room 258, Des Plaines, Illinois 60018, (312) 694-7335. The application maybe reviewed in person at this same location. SUPPLEMENAR INFORMATION: 71m FAA proposes to rule and invites public comment on the. application to impose and use the revenue from a PFC at Indianapolis International Airport under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and part 158 of the Federal Aviation Regulations (14 CFR part 1581. On March 26, 1993, the FAA determined that the application to impose and use the revenue from a PFC submitted by Indianapolis Airport Authority was substantially complete within the requirements of § 158.25 of part 158. The FAA will approve or disapprove the applicatien, in whole or in part, not later than July 17. 1993. The following is a brief overview of the application. Level of the proposed PFC: $3.00 Proposed charge effective date: September 1, 1993 Proposed charge expiration date: September 30, 2005 Total estimated PFC revenue: $123,313,000 Brief descriptioan of proposed projects: a. Repair of South Terminal Apron b. Design and Engineering for New Runway 5L123R c. Construction of New Runway SL/23R d. Relocation of Electrical Transmission Line e. Relocation of Bridgeport Road f. Construction of Aircraft Rescue and Fire Fighting Station Mo 2 g. Environmental Mitigation for New Runway SL/23R h. Reimbursement for Environmental Assessment on New Runway 5LJ23R i. Installation of Deicing Control System j. Installation of Taxiway Guidance Signs k. Installation of Parallel Taxiway D Centerline Lights 1. Purchase of Airfield Safety and Maintenance Equipment m. Reimbursement of Local Share for Construction of Runway 5R123L n. Reimbursement fo Construction of Firefighting Training Facility o. Reimbursement of Local Share, for Installation of Terminal Card Access System p. Site Preparation and Purchase of Aircraft Loading Bridges q. Renovation of Terminal Passenger Departure Gates Al and AZand Holdrooms r. Land Acquisition for Noise Compatibiity under FAR Part 150 s. Land Acquisition for Environmental Mitigation for New Runway 5L/23R t. Reimbursement for repair of existing Runway 5Lt23R u. Reimbursement for construction of south commuter apron Class or classes of air carriers which the public agency has requested not to be required to collect PFCs: Air taxi/ commercial operators (ATCO) filing FAA Form 1800-31. Any person may inspect the application in person at the FAA office listed above under "FoR FURTHER INFORMATION CONTACT." In addition, any person may, upon request, inspect the application notice and other documents germane to the application in person at the Indianapolis Airport Authority. Issued in Des Ptaines, Illinois, on March 31, 1993. W. Robert Biltmgley, Manager, Airports Division, GreatLakes Region. [FR Doe. 93-8365 Filed 4-8-93; 8:45 am] BILUNG COO 491-13- Intent To Rtf on AppNcation To Impose and Use the Revenue From a Passenger Fac~lty Charge (PFC) at Redmond Municipal Airport, Redmond, OR AGENCY. Federal Aviation Administration (FAA), DOT. ACTIONw Notice of intent to rule on application. SUMMARY: The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at Redmond Municipal Airport under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (title IX of the Omnibus Budget Reconciliation Act of 1990) (Public Law 101-508) and part 158 of the Federal Aviation Regulations (14 CFR part 158)_ DATES: Comments must be received on or before May 10, 1993. ADDRESSES: Comments on this application may be mailed or delivered in triplicate to the FAA at the following address:. J. Wade Bryant, Manager, Seattle Airports District Offlce, SEA- ADO, Federal Aviation Administration, 1601 Lind Avenue SW., suite 250, Renton. WA 98055-4056. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. Joe Hannan, City Manager of the City of Redmond at the folloing address: 455 .S. 7th Street, Redmond. Oregon 9775& Air carriers and foreign air carriers may submit copies of written comments previously provided to City of Redmond under § 158.23 of part 158. FOR FURTHER INFORMATION COtUACT: Ms. Suzanne Lee-Pang, Civil Enginer, (206) 227-2&54; Seattle Airports District Office, SEA-ADO; Federal Aviation Administration; 1601 Lind Avenue SW., suite 250, Renton, WA 98055-4066. The application may be reviewed in person at this same location. SUPPLEMENTARY INFORMAT10N. The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at Redmond Municipal Airport under the provisions of the Aviation Saity and Capacity Expension Act of 1990 (title IX of the Omnibus Budget Reconciliation Act of 1990) (Public Law 101-508) and part 158 of the Federal Aviation Regulations (14 CFR part 158). On April 1. 1993. the FAA determined that the application to impose and use the revenue from a PFC submitted by the City of Redmond was substantially conplete within the requirements of § 15825 of pert 158. The FAA will approve or disapprove the#
Attachment 1, passage 112Federal Register/ Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 1L8441 application, in whole or in part, no later than July 10, 1993. The following is a brief overview of the application. Level of the proposed PFC: $3.00 Proposed charge effective date: October 1, 1993 Proposed charge expiration date: March 31, 2000 Total estimated PFC revenue: $1,323,000 Brief description of proposed project(s): Airfield signage; renovation and expansion of the air carrier terminal; reconstruction of runways 4/22 and 10/28; pavement study; purchase of one ARFF vehicle; resurface and expansion of the air carrier ramp. Class or classes of air carriers which the public agency has requested not be required to collect PFCs: Air taxis and small air charter companies. Any person may inspect the application in person at the FAA office listed above under "FOR FURTHER INFORMATON CONTACT" and at the FAA regional Airports office located at: Federal Aviation Administration, Northwest Mountain Region, Airports Division, ANM-600, 1601 Lind Avenue SW., suite 540, Renton. WA 98055- 4056. In addition, any person may, upon request, inspect the application, notice and other documents germane to the application in person at the City of Redmond. Issued in Renton, Washington, on April 1, 1993. Matthew J. Cavanaugh, Acting Assistant Manager, Airports Division. Northwest Mountain Region. [FR Doc. 93-8354 Filed 4-9-93: 8:45 am] BILUNG CODE 41O-13-M Intent To Rule on Application To Impose and Use the Revenue From a Passenger Facility Charge (PFC) at San Jose International Airport, San Jose, CA AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of intent to rule on application to impose and use the revenue from a passenger facility charge (PFC) at San Jose International Airport, San Jose, California. SUMMARY: The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the application to impose and use PFC at San Jose International Airport under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (title IX of the Omnibus Budget Reconciliation Act of 1990) (Public Law 101-508) and 14 CFR part 158. On March 24, 1993, the FAA determined that the application to impose a PFC submitted by the city of San Jose was substantially complete within the requirements of 158.25 of part 158. The FAA will approve or disapprove the application, in whole or in part, no later than June 23, 1993. DATES: Comments must be received on or before May 10, 1993. ADDRESSES: Comments on this application may be mailed or delivered in triplicate to the FAA at the following address: Airports Division, P.O. Box 92007, Worldway Postal Center. Los Angeles, CA 90009 or San Francisco Airports District Office, 831 Mitten Road, Room 210, Burlingame, CA 94010-1303. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. Ralph G. Tonseth, Director of Aviation, San Jose International Airport, 1661 Airport Boulevard, San Jose. California 95110-1285. Comments from air carriers-and foreign air carriers may be in the same form as provided to the city of San Jose under § 158.23 of part 158. FOR FURTHER INFORMATION CONTACT: Mr. Joseph R. Rodreguez, Supervisor, Planning and Programming Section, Airports District Office, 831 Mitten Road, room 210, Burlingame, CA 94010-1303.'Telephone: (415) 876- 2805. The application may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: The following is a brief overview of the application. Level of proposed PFC: $3.00 Proposed charge effective date:August 2, 1995 Proposed charge expiration date: April 1, 1999 Total estimated PFC revenue: $22,454,000.00 Brief description of the proposed projects: Run up Area Blast Pad, Taxiway 1 Reconstruction (TWY B to TWY E), Taxiway A Reconstruction, West GA Parking Reconstruction, T- Hangar Relocation, Fuel Farm Remediation, Taxiway 2 Reconstruction, Runway 30L Reconstruction, Runway 30R Reconstruction, Terminal C Asbestos Abatement, Westside Development, Terminal A Shuttle Island Modifications, AVI System, Taxiway 1 Reconstruction (Twy A to Twy B), Earthquake Emergency Supplies, Interactive Training System, Digital Announcement System, Master Plan Update and the city requests authority to use PFC revenue for the Noise Attenuation project previously approved on June 11, 1992. Class or classes of air carriers which the public agency has requested not be required to collect PFCs: Air Taxi/ Commercial Operations (ATCO) filing FAA Form 1800-31 who enplane assengers at San Jose International ecause they enplane less than 1 percent of total enplaned passengers. Availability of Application: Any person may inspect the application in person at the FAA office listed above. In addition, any person may, upon request, inspect the application, notice and other documents germane to the application in person at the city of San Jose. Issued in Hawthorne, California, on April 1, 1993. Ellsworth Chan, Manager, Planning and Programming Branch. [FR Doc. 93-8355 Filed 4-8-93; 8:45 am] BILUNG CODE 4MO"-8- Federal Highway Administration Pilot Program; Controlled Substances and Alcohol Testing AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of program; availability of documents. SUMMARY: The FHWA is issuing this notice to advise the public of a pilot program mandated by the Omnibus Transportation Employee Testing Act of 1991. Under the pilot program, the FHWA is funding random, roadside alcohol and controlled substances testing of commercial motor vehicle operators conducted by State officials of Minnesota, Nebraska, New Jersey, and Utah. The program will operate for a period of one year in each State. The data gathered in the program will be incorporated into a report to Congress required by the Act. This notice also . informs the public of the availability of certain program documents and provides the names and addresses of Federal and State officials who may be contacted for further information. FOR FURTHER INFORMATION CONTACT: Mr. James McCauley, Office of Motor Carriers, HFO-30, (202) 366-0133; or Mr. David Sett, Office of Chief Counsel, HCC-20, (202) 366-0834; Federal Highway Administration, 400 Seventh Street SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except legal Federal holidays. SUPPLEMENTARY INFORMATION: The Omnibus Transportation Employee#
Attachment 1, passage 11318442 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Testing Act of 1991 directed the controlled substances and alcohol. For Secretary of Transportation to select purposes of the pilot program, four States for participation in a pilot "commercial motor vehicles" include test program "for the purpose of testing only those vehicles for which a the operators of commercial motor commercial driver's license Is required vehicles on a random basis to determine whether an operator has used, in to operate. The Plans commit the States to violation of law or Federal regulation, generally follow the DOT employer- alcohol or a controlled substance." based drug testing procedures set forth Public Law 102-143, section 5(b)(1), 105 in 49 CFR part 40. This includes urine Stat. 952, 961 (49 U.S.C. app. 2717 testing, offering the individual the note). The Congress intended the pilot opportunity to explain positive lab program to test "the effectiveness of results to a Medical Review Officer State-administered testing in detecting before verification, specimen collection individuals, such as owner-operators and chain of custody procedures, use of and independent drivers, who might labs certified by the Department of otherwise avoid detection through Health and Human Services, screen and carrier-administered testing * * *." S. confirmatory drug metabolite cutoff Rep. No. 54, 102d Cong., 1st Sess. 34 levels, quality assurance procedures (1991). The legislation directs the pilot including blind sample performance program to continue for one year, and testing, and protection of the privacy of requires the Secretary to report to the tested individual. Minor variations Congress by April 28, 1994, on the from the employer-based testing in part results and desirability of a random 40 are necessitated by the States' testing system. administration of the tests. As there are The legislation mandates that the no DOT alcohol testing procedures, the pilot program be administered as part of Plans provide that the States will the Motor Carrier Safety Assistance conduct alcohol tests in accordance Program (MCSAP), and makes available with evidential procedures approved by $5 million from funds appropriated to their courts. MCSAP for fiscal year 1992. MCSAP is The Plans also include information on a grant program in which a State agency the roadside locations of tests, driver enforces, primarily through roadside selection method, the State agencies driver and vehicle inspections, State conducting the tests, budgets, required motor carrier safety regulations which certifications, driver and employer are compatible with Federal regulations, notification letters of tests, data as a condition of receiving Federal requirements, and collection grants. See 49 U.S.C. 2300-2304; 49 CFR procedures. Consistent with the part 350. Federal regulations, and -legislative mandate, vehicle operators compatible State regulations, prohibit subject to the tests are selected on a the use of controlled substances by and random basis. the presence of alcohol in operators of The States began conducting tests commercial motor vehicles. 49 CFR under the program on the following 392.4, 392.5, 391.41(b)(12). dates: Nebraska-October 1, 1992; After soliciting all States participating Minnesota -October 19, 1992; Utah- in MCSAP, on May 5, 1992, the November 1, 1992; New Jersey-January Secretary issued a press release 28, 1993. announcing the selection of four On December 22, 1992, the Owner- States-Nebraska, New Jersey, Operator Independent Drivers Minnesota, and Utah-for the pilot Association, Inc. (OOIDA) and others program. The State agencies actively filed suit in the United States Court of participating are the Nebraska State Appeals for the District of Columbia Patrol, the New Jersey State Police Circuit, challenging the legality of this (through the New Jersey Department of testing program and the failure to Transportation), the Minnesota State publish the Plans. Owner-Operator Patrol, and the Utah Department of Independent Drivers Ass'n v. Pefia, No. Transportation. In July 1992, the 92-1662. Because the Plans describe Secretary entered into grant agreements State, not Federal, activities and with each of these agencies. regulations, they are not being In accordance with MCSAP published in the Federal Register. procedures, each grant agreement Under the Plans and the structure of commits the State to carry out its MCSAP, the State officials program in accordance with its grant administering these Plans act under the application. Each application contains a authority of State, not Federal law. Also .State Enforcement Plan which describes consistent with MCSAP procedures, the procedures the State agency will annual State Enforcement Plans follow in implementing random, detailing federally-funded State safety roadside testing of commercial motor activities (including driver and vehicle vehicle operators for the presence of inspections) required under MCSAP regulations to be submitted to FNWA by each participating State are not published or made the subject of a notice in the Federal Register. Notwithstanding FHWA's position and longstanding practice, this notice will serve to inform the public of the pilot testing program and of the availability for inspection of the State Enforcement Plans concerning such testing. Although persons subject to the program have received and continue to receive constitutionally adequate notice of the pilot program, the intent of this publication is to provide additional information and direct interested parties to the source of further details about the program. TO INSPECT THE PLANS CONTACT: The State Enforcement Plans (Temporary Docket No. T-93-001) are available for public inspection and copying by contacting Ms. Patricia Matthews, Motor Carrier Docket Clerk, Federal Highway Administration, room 4217, 400 Seventh Street, SW., Washington DC 20590, (202) 366-1351. The documents are available from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday, except legal Federal holidays, until January 28, 1994. The documents are also available through Freedom of Information Act requests, pursuant to 49 CFR part 7, subpart F. A fee will be charged for copying with either method. FOR FURTHER STATE INFORMATION: The following State officials may be contacted for further information on a particular State's program: Sergeant Darrell Fisher, Nebraska State Patrol, P.O. Box 94907, Lincoln, Nebraska 65809-4907, (402) 471-0774; Mr. Roman Horodysky, New Jersey Department of Transportation, 1035 Parkway Avenue, CN600, Trenton, New Jersey 08625, (609) 530-8026; Lieutenant Brian Erickson, Minnesota State Patrol, 100 Stockyard Road, South Saint Paul, Minnesota 55075, (612) 297- 8274; Mr. David Alder, Utah Department of Transportation 4510 South 2700 West, Salt Lake City, Utah 84119-5998, (801) 965-4266. Authority: Omnibus Transportation Employee Testing Act of 1991, Public Law 102-143, section 5(b), 105 Stat. 952,961 (49 U.S.C. app. 2717 note); 23 U.S.C. 315; 49 CFR 1.48. Issued on: April 2. 1993. E. Dean Carlson, Executive Director. [FR Doc. 93-8293 Filed 4-8-93; 8:45 ami BILUNG CDE 4910-22.-#
Attachment 1, passage 114Federal Register / VoL 58, No. 67 / Friday, April 9, 1993 / Notices 18443 Environmental Impact Stgement: Anderson and Grenvrlle Counties, SC AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of intent SulmMw: The FHWA is issuing this notice to advise that an environmental impact statement will be prepared for a proposed highway project south of the City of Greenville in Anderson and Greenville Counties, South Carolina. FOR FURTHER INFORMATION CONTACT:. Mr. Ken Myers, Planning and Environmental Engineer, Federal Highway Administration.1835 Assembly Street, suite 758, Columbia, South Carolina 29201, telephone: (803) 253-3881, Mr. John Walsh, South Carolina Department of Highways and Public Transportation, P.O. Box 191, Columbia, South Carolina 29202, telephone: (803) 737-1566. SUPPLEMENTARY INFORMATION: The Federal Highway Administration (FHWA), in cooperation with the South Carolina Department of Highways and Public Transportation, will prepare an environmental impact statement on the proposed Southern Connector. This proposed new facility would be constructed on a new location from existing 1-85, at its interchange with 1-185 west of the City of Greenville, continuing south of Donaldson Center, to existing 1-385, at its interchange with U.S. 276 southeast of the City of Greenville between Simpsonville and Mauldin, in Greenville County. This mainline would be an approximately 16 mile (25.8 Km) four-lane freeway facility constructed to interstate highway standards, including full control of access. In addition, a proposed spur would be constructed on a new location from existing 1-85, at its interchange with S.C. 153 in Anderson County, to the proposed mainline. This approximately 1.5 mile (2.4 Kin) four- lane non-freeway facility would be a limited access roadway. The proposed Southern Connector would be located within a study area that is approximately two miles (3.2 Kin) wide and 16 miles (25.8 Kin) long. The proposed 17.5 mile (28.2 Km) facility would cross both the Saluda and Reedy Rivers, and Grove and Huff Creeks. The first proposal for the South Connector was adopted in January 1967, as part of Greenville County's first General Development Plan, Dimension 85. The construction of the Southern Connector is considered necessary to relieve future traffic pressure on 1-85, to provide an east-west connector south of 1-85, and to serve new development in the southern portion of the County. V11 Alternatives under consideration include (1) taking no action. (2) employing transportation system management measures with existing facilities, and (3) building a new facility on a new alignment. Incorporated into and studied with the various build alternatives will be design variations of grade and alignment. Letters describing the proposed action and soliciting comments will be sent to appropriate Federal State and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. Public workshops as well as a location public hearing will be held at a later date. Public notice will be given of the time and place of the workshops and location public hearing. A scoping meeting will be held on May 6, 1993 beginning at 1 p.m. in the 5th floor auditorium of the Highway Department Headquarters, 955 Park Street, Columbia, SC. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited. Comments or questions concerning this proposed action and the Environmental Impact Statement should be directed to the FHWA at the address provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Issued on: April 2, 1993. Robert J. Probst, Division Administrator, Columbia, South Carolina. [FR Doc. 93-8285 Filed 4-8-93; 8:45 aml BILLING CODE 4910--M Research and Special Programs Administration [Advisory Bulletin Number ADB-93-021 Advisory to Owners and Operators of Gas Distribution and Gas Transmission Facilities; Continuing Educational Programs for Gas Customers and the Public Purpose To direct gas pipeline facility owners and operators to review and assess their § 192.615(d) continuing educational programs as applied to customers and the public. Advisory In 1988 and 1989 a series of five incidents in the Kansas City, Missouri and Topeka, Kansas, area resulted in four deaths, four serious injuries, and damages estimated at almost $750,000. Events that led to each of the incidents began with leakage. The National Transportation Safety Board (NTSB) report, "Pipeline Accident Report PB90-916501," covering these five incidents revealed that in two of them gas. odor has been detected long before ignition, but in both cases had gone unreported. The report concluded that the two" * *could have been prevented had gas odors detected by residents previous to the accident been reported to either Kansas Power & Light Company or the local fire department." On that basis, the NTSB recommended (Safety Recommendation P-90-21) in part that " * * existing gas Industry programs for educating the public on the dangers of gas leaks ..... be assessed "to determine the appropriateness of information provided, (and) the effectiveness of educational techniques used * * a" Therefore, the Research and Special Programs Administration (RSPA) is advising that all natural gas owners and operators review and assess their continuing educational programs to assure that they are In compliance with the provisions of 49 CFR 192.615(d). Background For compliance with § 192.615(d) the operator must have an educational program that fully covers § 192.615(d) requirements. It must: * Be an ongoing (continuing) educational program, e Educate so as to enable individuals to: -Be able to recognize an existing or possible emergency involving natural gas, such as leaking gas, and -Know how to report it to the gas company or to the appropriate public officials (fire department, police department, etc.), * Cover all geographic areas in which the gas company has distribution or transmission facilities, 9 Be conducted not only in English but in other languages commonly understood by a significant number and concentration of the non-English speaking population in the above designated areas, * Be specified in written-procedures in the operator's § 192.615 emergency plans. Gas distribution and gas transmission pipeline operators should assess these programs for educating the public on the dangers of gas leaks to determine: e The appropriateness of the information provided, and#
Attachment 1, passage 11518444 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices * The effectiveness of the educational techniques used. . If the assessment identifies deficiencies in the appropriateness and effectiveness of the program, the program should be modified to assure the adequacy of the program. The Gas Piping Technology Committee Guide for Gas Transmission and Distribution Piping Systems (ANSI/ GPTC Z380.1-1992) provides additional guidance on meeting the requirements of 49 CFR 192.615(d). Issued in Washington, DC, on April 5, 1993. George W. Tenley, Jr., Associate Administrator for Pipeline Safety. [FR Doc. 93-8292 Filed 4-8-93; 8:45 am] BILLUN CODE 410-.4 DEPARTMENT OF THE TREASURY Public Information Collection Requirements Submitted to OMB for Review Dated: April 5, 1993. 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 3171 Treasury Annex, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. Special Request On April 5, 1993, the Department of the Treasury requested a less than 30- day review of the information collection listed below in order meet a congressionally-mandated report date of April 30, 1993. A copy of the survey is attached for public review and comment. All comments must be received by close of business April 9, 1993. Bureau of Alcohol, Tobacco and Firearms OMB Number. New Form Number None Type of Review. New collection Title: Knowledge and Attitudes Survey for the Gang Resistance Education and Training G.R.E.A.T. Program Description: This student survey is to assist in the assessment of the G.R.E.A.T. Program designed to educate high risk students on the dangers of joining street gangs. This project is specific to the Phoenix and Tucson, Arizona areas. Respondents: Individuals or households Estimated Number of Respondents: 800 Estimated Burden Hours Per Response: Test ................................. 30 m in- utes Focus Group Interview 50 min- Sessions. utes Frequency of Response: Other (one time only) Estimated Total Reporting Burden: 413 hours Clearance Officer Robert N. Hogarth (202) 927-8930, Bureau of Alcohol, Tobacco and Firearms, Room 3200, 650 Massachusetts Avenue, NW., Washington, DC 20226. OMB Reviewer. Milo Sunderhauf (202) 395-6880, Office of Management and Budget, Room 3001, New Executive Office Building, Washington, DC 20503. Lois K. Holland, Departmental Reports Management Officer. Attachment A Directions: Circle the number that comes closest to your feelings 1. I feel that I'm a person of worth, at least on an equal basis with others I Strongly Disagree 2 Somewhat Disagree 3 Disagree 4 Agree 5 Somewhat Agree 6 Strongly Agree 2. I feel that I have a number of good qualities. 1 Strongly Disagree 2 Somewhat Disagree 3 Disagree 4 Agree 5 Somewhat Agree 6 Strongly Agree 3. All in all, I sort of feel that I am a failure. 1 Strongly Disagree 2 Somewhat Disagree 3 Disagree 4 Agree 5 Somewhat.Agree 6 Strongly Agree 4. I am able to do things as well as most other people.' I Strongly Disagree 2 Somewhat Disagree 3 Disagree 4 Agree 5 Somewhat Agree 6 Strongly Agree 5. I feel I do not have much to be proud of. 1 Strongly Disagree 2 Somewhat Disagree 3 Disagree 4 Agree 5 Somewhat Agree 6 Strongly Agree 6. I take a positive attitude toward myself. I Strongly Disagree 2 Somewhat Disagree 3 Disagree 4 Agree 5 Somewhat Agree 6 Strongly Agree 7. On the whole, I am satisfied with myself. 1 Strongly Disagree 2 Somewhat Disagree 3 Disagree 4 Agree 5 Somewhat Agree 6 Strongly Agree 8. I wish I could have more respect for myself. 1 Strongly Disagree 2 Somewhat Disagree 3 Disagree 4 Agree 5 Somewhat Agree 6 Strongly Agree 9. I certainly feel useless at times. I Strongly Disagree 2 Somewhat Disagree 3 Disagree 4 Agree 5 Somewhat Agree 6 Strongly Agree 10. At times I think I am no good at all. 1 Strongly Disagree 2 Somewhat Disagree 3 Disagree .4 Agree 5 Somewhat Agree 6 Strongly Agree Please answer the following questions. 1. Do any of your friends belong to gangs? 2. How many of your friends belong to gangs? 3. Do you belong to a gang? BILLING CODE 430-1-M#
Attachment 1, passage 116Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices (ATTACHMENT 0) 18445 SCHOOL POLICE OFFICERS 100, 90 80 70 60 50 40 30 20 10 0 100 90 70 60 50 40 30 20 10 0 GANGS DRUGS BRI COOE 441,-C#
Attachment 1, passage 117184"6 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Attachment C (9) Where have you received most of your References information about gangs? (10) Where did you receive most of your Berman, D.R. & Stookey, J.A. (1980). information about drugs? Adolescents, television and support for (11) How much do you recall about what government. Public Opinion Quarterly, 44 (3) 330-340. was presented? (12) Will you do anything differently as a Blascovich, J. & Tomaka, J. (1991). Measures result of the program? of self esteem. San Diego, CA: Academic (13) What was the worst thing you can Press Inc. recall about the program? Bridle, M.J. (1984). Comparison of the (14) What was the best thing you can recall Tennessee self-concept scale and the about the program? Rosenberg Self Esteem scale. (15) Are gangs a problem in your Occupational Therapy Journal of neighborhood or school? Research, 4 (1), 51-52. (16) How many of you know gang Diener, K & Fnmons, R.A. (1984). The members? independence of positive and negative (17) How many gang members do you affect. Journal of Personality and Social know? Psychology, 47 (5), 1105-1117. (18) Are drugs a problem in your Franzo, S.L. & Herzog, M.E. (1990). The body neighborhood or school? esteem scale: a convergent and The focus group will be finished by asking discriminant validity study. Journal of if the students feel that the program should Personality Assessment, 50 (1), 24-31. be continued, what they believed what age Cottfredson, M. & Hirschi, T (1990). The group should be targeted and also the General Theory of Crime. Stanford, CA: number of courses that they attended. Stanford University Press, p.157. [FR Doc. 93-8340 Filed 4-8-93; 8:45 am] Granberg, D. & Brent, E.E. (1980). Perceptions BILLING CODE 480-31-U of issue positions of presidential candidates. American Scientist, 68 (6) 617-646. Customs Service Kinch, J., Falk, R.F. & Anderson, D. (1983). A self-image inventory: Its theoretical background, reliability and validity. Symbolic Interaction, 6(2), 229-242. Lorr, M. & Wunderlich, R.A. (1990). Two objective measures of self esteem. Application for Recordation of Trade Name: "Dovex Incorporated" ACTIO4 Notice of Application for Recordation of Trade Name. Journal of Personality Assessment, 50 (1), 18-23. Robinson, J.P. (1974). Public opinion during the Watergate crisis. Communication Research, 1 (4) 391-405. Rosenberg, N., Schooler, C. & Schoenbeck, C. (1989). Self esteem and adolescent problems. American Sociological Review, 54 (6) 1004-1018. Shahani, C. Dipboye, R.L. & Phillips, A.P. (1990). Global self esteem as a correlate of work-related attitudes. Journal of Personality Assessment, 54 (1-2), 276- 288. Wilcox, C., Sigelman, L. & Cook E. (1989). Some like it hot: individual differences in responses to group feeling thermometers. Public Opinion Quarterly, 53 (2) 246-257. Wylie, R.C. (1989). Measures of self concept. Lincoln, NE: University of Nebraska Press. Attachment D Standard Focus Group Questions (1) What do you think the goal/purpose of the program was? (2) How much do you think you learned about gangs? (3) How much do you think you learned about drugs? (4) How much did you like the program? (5) Who presented the program? Gender? Good? the officer? the officer? (6) How knowledgeable about gangs was (7) How knowledgeable about drugs was (8) Did your attitude about gangs change? SUMMARY: Application has been filed pursuant to section 133.12, Customs Regulations (19 CFR 133.12), for the recordation under section 42 of the Act of July 5, 1946, as amended (15 U.S.C. 1124), of the trade name "Dovex Incorporated," used by Dovex Incorporated, a corporation organized under the laws of the State of California, located at 16610 Ventura Blvd., Encino, California 91436. The application states that the trade name is used in connection with cookware. The merchandise is manufactured in the Philippines. Before final action is taken on the application, consideration will be given to any relevant data, views, or arguments submitted in writing by any person in opposition to the recordation of this trade name. Notice of the action taken on the application for recordion of this trade name will be published in the Federal Register. DATES: Comments must be received on or before June 8, 1993. ADDRESSES: Written comments should be addressed to U.S. Customs Service, Attention: Intellectual Property Rights Branch, 1301 Constitution Avenue, NW., (Franklin Court), Washington, DC 20229. FOR FURTHER INFORMATION CONTACT: Delois P. Cooper, Intellectual Property Rights Branch, 1301 Constitution Avenue, NW., (Franklin Court), Washington DC 20229 (202-482-6960). Dated: April 5, 1993. John F. Atwood, Chief, Intellectual Property Rights Branch. [FR Doc. 93-8312 Filed 4-8-93; 8:45 am] BILUNG CODE 4$20-02- UNITED STATES INFORMATION AGENCY Culturally Significant Objects Imported for Exhibition; Additional Objects On March 18,1993 notice was published at page 14612 of the Federal Register (58 FR 14612) by the United States Information Agency pursuant to Public Law 89-259, relating to the exhibit "The Great Age of British Watercolors: 1750-1880." In addition to the objects covered by that notice, this exhibit will include three other items. I hereby determine that the additional objects to be exhibited are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign lender. I also determine that the temporary exhibition of the objects in the United States is in the national interest. Public notice of this determination is ordered to be published in the Federal Register. Dated: April 6, 1993. R. Wallace Stuart, Acting General Counsel. [FR Doc. 93-8408 Filed 4-8-93; 8:45 am] BILUNG CODE 8230-01-U DEPARTMENT OF VETERANS AFFAIRS Wage Committee; Notice of Meetings The Department of Veterans Affairs (VA), in accordance with Public Law 92-463, gives notice that meetings at the VA Wage Committee will be held on: Wednesday, May 5, 1993, at 2:30 p.m. Wednesday, May 26, 1993, at 2:30 p.m. Wednesday, June 9, 1993, at 2:30 p.m. Wednesday, June 23, 1993, at 2:30 p.m. The meetings will be held in room 1161, Veterans Affairs Central Office, 810 Vermont Avenue, NW, Washington DC 20420. The Committee's purpose is to advise the Chief Medical Director on the development and authorization of wage I A copy of the list of additional Items to be included In the exhibit may be obtained by contacting Mr. R. Wallace Stuart of the Office of the General Counsel of USIA. The telephone number is 202-619-5078, and the address is room 700. 301 4th Street, SW., Washington, DC 20547.#
Attachment 1, passage 118Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18447 schedules for Federal Wage System (blue-collar) employees. At these meetings the Committee will consider wage survey specifications, wage survey data, local committee reports and recommendations, statistical analyses, and proposed wage schedules. All portions of the meetings will be closed to the public because the matters considered are related solely to the internal personnel rules and practices of the Department of Veterans Affairs and because the wage survey data considered by the Committee have been obtained from officials of private business establishments with a guarantee that the data will be held in confidence. Closure of the meetings is in accordance with subsection 10(d) of Public Law 92-463, as amended by Public Law 94-409, and as cited in 5 U.S.C. 552b(c) (2) and (4). However, members of the public are invited to submit material in writing to the Chairperson for the Committee's attention. Additional information concerning these meetings may be obtained from the Chairperson, VA Wage Committee, room 1161, 810 Vermont Avenue, NW, Washington, DC 20420. Dated: By Direction of the Secretary: Dated: April 2, 1993 leyward Bannister, Committee Management Office. [FR Doc. 93-8337 Filed 4-8-93: 8 45 am] BILUNG CODE 0320-01-M#
Attachment 1, passage 11918448-18636 Corrections Federal Register Vol. 58, No. 67 Friday. April 9, 1993 This section of the FEDERAL REGISTER contains editorial corrections of previously published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are prepared by the Office of the Federal Register. Agency prepared corrections are issued as signed documents and appear In the appropriate document categories elsewhere In the Issue. DEPARTMENT OF DEFENSE 48 CFR Parts 215 and 252 Defense Federal Acquisition Regulation Supplement; Recoupment of Nonrecurring Coats on Sales of U.S. items Correction In rule document 93-7356 appearing on page 16782 in the issue of Wednesday, March 31, 1993, make the following corrections: 1. On page 16782: a. n the first column, under Background, in the second paragraph, in the sixth line from the bottom, "agreement" should read "agreements". b. In the same column, in the last paragraph, in the last line, remove "effective". c. In the second column, in the first line, remove "January 13, 1993,"; and in the second line, insert "being" after are. BILUNG CODE 1560-.i-D DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [T.D. 8357) RIN 1545-A179 Certain Cash or Deferred Arrangements and Employee and Matching Contributions Under Employee Plans; Correction Correction in rule document 93-5890 beginning on page 14150 in the issue of Tuesday, March 16, 1993, make the following correction: On page 14151, in the first column, the EFFECTIVE DATE should read "August 15, 1991". BuAG CODE 1b8el-1#
Attachment 1, passage 120Friday April 9. 199.. Part II Securities and Exchange Commission Adoption of EDGAR Filer Manual; Notice#
Attachment 1, passage 12118638 SECURITIES AND EXCHANGE COMMISSION [Release Nos. 33-6986; 34-32091; 35- 25779; 39-2304; IC-19376] Adoption of EDGAR Filer Manual April 1, 1993 The Commission. today announces the adoption as a procedural rule of the Commission the EDGAR Filer Manual ("Filer Manual"), which sets forth the technical formatting requirements governing the preparation and submission of electronic filings through the Electronic Data Gathering, Analysis and Retrieval ("EDGAR") system. Compliance with the provisions of the Filer Manual is required in order to assure the timely acceptance and processing of filings made in electronic format.1 Filers should consult the Filer Manual in conjunction with the Commission's recently adopted rules governing mandated electronic filing when preparing documents for electronic submission.2 I See Rule 301 of Regulation S-T (17 CFR 232.301), effective April 26, 1993. 2See Release Nos. 33-6977 (February 23, 1993), IC-19284 (February 23, 1993). 35-25746 (February 23, 1993), and 33-6980 (February 23. 1993) for a comprehensive treatment of the rules adopted by Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices The Filer Manual will be effective on April 26, 1993. Pursuant to the provisions of the Administrative Procedure Act, the Commission finds good cause to establish that effective date, even though the Filer Manual will not be published 30 days before effectiveness. 3 With the adoption of the EDGAR rules earlier this year, the Commission mandated that electronic filing commence for designated registrants and third party filers on April 26, 1993. The firm commencement date was intended to allow filers to make definite plans for their own transition to the electronic system. Since the adopted EDGAR rules require compliance with the Filer Manual, it would disrupt a smooth transition for some filers If they are not able to rely on the provisions of the Filer Manual at the time they are mandated to commence.electronic filing. • Most persons required to commence electronic filing on April 26, 1993 have been filing on the operational EDGAR system since July of 1992. As volunteers on the EDGAR system, they have.been using an earlier version of the Filer the Commission governing mandated electronic filing. 5 5 U.S.C. 553(d). Manual and already have gained experience with its provisions, which in nearly all cases have been retained in the Filer Manual adopted today. An exemption from electronic filing may be available to others, such as persons making filings with respect to a mandated electronic filer, if electronic filing is found to be unduly burdensome. 4 In addition to publication in the Federal Register and the distribution of the Filer Manual to the entities named in the phase-in list, paper copies of the EDGAR Filer Manual may be obtained at the following address: Public Reference Room, U.S. Securities and Exchange Commission, Mail Stop 1-2,450 Fifth *Street, NW., Washington, DC 20549. Electronic format copies will be available on the EDGAR electronic bulletin board. The text of the EDGAR Filer Manual is reproduced in full below. April 1, 1993. By the Commission. Margaret H. McFarland, Deputy Secretary. BILUNO CODE I10-01-M ' See Rule 202 of Regulation S-T (17 CFR 232.202), effective April 26, 1993.#
Attachment 1, passage 122Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18639 LL 0 r 0) 4) .0 0. U (U " .~ C 0 E 04)0 "0 r ) E5 .cC 0) - 00 0 0 0 E cU.O... 0 : 0 w L) -E €- C,) ' E a, "U;'0 <00: C6 LL. C E E I-, "U 11111 CoC " 1 18640 Federal Register / Vol. 58. No. 67 / Friday, April 9, 1993 1 Notices 0%0 0 0 , 11, too ' 414 W4#
Attachment 1, passage 123Federal Register / Vol. 58, 67 / Friday, April 9, 1993 / Notices 18641 The bulletin board is an Third-party filers and selected volunteers who This edition of the EDGAR Filer Manual includes procedures for Release 3.0 of the Operational EDGAR system, in which the system cannese signia, eddies from previous editions armitted indicated with a change bar in the outside margin. For the first time, Transitional Filers (former Pilot participants) who have been using the EDGAR Operational system are mandated to file become registered EDGAR filers will also use the system. note in using the Manual that certain system features are not available in Release 3.0, but are anticipated in the future.. The EDGAR system introduces changes in the formatting of information submitted to the SEC, not changes in the content of Title 17 of the Code of Federal Regulations (CFR parts 200 to the end). Changes in the Rules are published in the Federal Register. version of this Manual is available for transfer (download) from Shortly in advance of their scheduled phase-in date, is providing all EDGAR registrants with copies of the Filer optional service that may be accessed from the Main Menu of compuserve, geng other asynchronia communicate no Boemare: The Filer Manual is available for purchase from the SEC, at Manual and EDGARlink, the filer assistance software. the EDGAR electronic bulletin board. US SECURITIES AND EXCHANGE COMMISSION PREPACE Continued 04444040000000000 the following address: PUBLIC REFERENCE ROOM electronically. WASHINGTON DC 20549 DISCLOSURE INC MAIL STOP 1-2 450 5TH ST NW (800) 638-8241 (301) 951-1350 April 1993 The system is designed to provide an 000000000000004400000000000000000 D.S. SECURITIES AND EXCHANGE COMMISSION BLECTRONIC DATA GATHERING, ANALYSIS, AND RETRISVAL SYSTEM (EDGAR) EDGAR PILER MANUAL: USBR'S GUIDE FOR BLECTRONIC FILING WITH THE T.S. SECURITIES AND EXCHANGE COMMISSION APRIL 1993 PREPACE Welcome to the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system of the U.S. Securities and Exchange electronic filing process for those EDGAR filèrs and filing agents who file with the SEC under the Securities Act of 1933, the Securities Exchange Act of 1934, the Public Utility Holding Company Act of 1935, the Trust Indenture Act of 1939, and the should refer principally to Regulation S-T (17 CPR Part 232), melan no to electronic semissioneration s prosecures 111 Investment Company Act of 1940 (collectively, "Acts"). complemented by amendments to certain existing rules, relating to electronic submissions.| regulations, and forms under the Acts. electronically with the SEC. or on computer diskette. Commission (SEC) . April 1993#
Attachment 1, passage 12418642 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0.' 0' 1- r- CO o 0%0% tn 0) 0 H4 m 0 0 ;) ~2u o 4) 0 0 0 0 04 E-. 14 H) 0 -I .4 "4 0 0 4 144 0 0 ('4 0 Sn 04 E0 E ) X ) G&) 1. w. 0) 94 14 0 0 u ai O- 0 .4 M0 0 4JO m O3 4. 4 C4WN N4 -4 N m C, m mm m 0 H 0 H 09 '1 H o o 93 00 0 0 m 0C m N o 14 L .0 0 400 >."OHO 0 Eli4)u 1 0 V 0 -14 0 0 ) U3 u. 4. W -0 -H m 1 R 44 4 41 '4 W 4 0d L)e 000 0- 14 0) w L)pt 0 .14 ,0 91 W m m 0 04) H (d(d L)P I (E-nC,4U r n 0............... %D %D C- r- CO C% m, Cn 0) 0 0 14 a 4-40) 4.) 0 -H 01 P4 -4 -4 .14 W- fQ0 0 0 O4 *4 44 a4J4 (D 2j 4400a) I00 ,-4 M) 0 -' a 0 . 44 4 .U 04 -H A 4m% 14 Z)-44 *'44m4 ) 0o1 .)040)0 . 11 OmW99UU w 44 44 -:w-H aj 4 0 0> $4m w ,m o -4 -H u )t Go0 '4 W) fn I I A HN N N N N mm 0 P4 0 0 -4 t. .f H m 0 .iw '-4 p.1 .4 .-4 C00 :3 14 4 r I x w w-a r l .0 9000 -4 C C0 . 4 0 00 4.) N 0-1444 41-4 -I0 0 00m0 V0 0 01 oON -A 14 H 0 4 0 N 0 w 0 0 z4 U MO 01 -40 #a1 4 0. .4C Ca I4j 14 -4 -A - 00a) 0 C 00 0) 0. 001 0 0 0.m0 tit Ol. 4D1z.4 > 01 r. a 0 N 0 0 w.- H~ 0 4: - j0 4 a ) 0 : 0A040% 0 0 0 0 CP -4 C4 m 14 -1 4U N el0 e .4 4) 0JS -1 C 4.' 4J4 0 4.) 0 44 4j 14 06 0 C -1 9 No0. If I0 L.14 4-0 S - 9 0,. 0 44 04 N m~ 4 . 4. N4 14 14 0 % 00 0 -4 0 04 0 -4 -,4 0) A) 0 4 0 0- 0 0 0 0 C4 4 4 0 0 0 140 01 t' Cja -'4 2 C u0 r0) - w 140 'Go .0 -A 00 w A 0.9.4 -'4 C4 C-3 04 .0 u#
Attachment 1, passage 12518643 0~~~ .- PE EN41~ ' ( ) > 0 U) r044 - C4 00 1.4 00 .H 114 .54 1 '0 . 0 0P W 1 0 o r: -dI C ")1 4 a) tPz 0 U E-4 0 00. A 0. 00 5u r 3 -H 4 4 a 0 54M 0 0 rM' -40t 0P 0 W0. A 04' E M 4 > M- 0 E4 E a) Z 0 H V I a 01! ~l.4'~4W1 04! W!- 54 W! "40 000 - v' 4-W -W Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices IHN -4 I IIC 4 EN IN IE IE I E M 4) 0 C 0) 0 0 54 0% 0 (a 0 to0 EuI " -- I g]X I-4 .A .- 4 " j w0 -3V 4 to 4 A IA .14 (a 40 (a 0 0 w 4 A 0 9 P 00 0 9 0 54 0to0 04- UN0 • .14." ) 0 '0 0 0 1.• • 54 EuI j0 Z 0 4) 4 A -0 o t •o o 0) t AO -16-4 ) 0 0 0 r a - to4 0 En-4 U) EO 'W 0W , C) o I S141H 4 4- '4 I 0) i) 44 0 Q• -4 ) M ,- f£ > -4 H Eu M .a14 - E .4 "-4 0 04 o o w to W 0 w 4 - ./14 4 u 00 - 0 r. 0 420 4 -4 " 4 00 V042 Q ". 0 D flr 0N a% (I Ch4O~ .. 4 4r 14...4 I 4) 0 -I '.4 i-4'4 c4'.E m 44. tn t Et - nE II I4 11 14 II 1r4 14 0 U) >,IZ v'w 0 0)0 0 4 (a 0 Euu -1425.0 .0 00M0. . 0 ' 1 a) . ) -A.4 Eu 0 r 20 to-M E 414 .- 0 4 42to 0 A '-4 * a 64 -4 "4 0 E Eu4 3 III Eu R I 4 )4'0 HC 0r.)A ~ ~ t 0 U k 4 0 0 0l0 k540 0 400 0111U wO 00 H1.. Ia 000 U 0 4 0 40 r.k 0 V 00 1 ,11U) (41 " 4j 0 goV -CI P 0 . 04: 4) 0 k '4) 0 010-1 - 0.Ia. '05 ' 4 %04rM A0a Eu3' _0E4uf' 10 0 0 0H 0 450 C)0 0 0V004f I 0 4 P0 4 (Eu 420J J0 VVUA WOO '.'4 IA4 'IH NN3:t3C1 )t910 0 - 00'0 000000000000 Z0)' x m4=0m4x0=00A 0x 544. 040 H0- N 'm 4 0e. 0n m en m m m In m m m 0 4u 20 0 PCM P. 0 112 4 . 4. 4 0 44 '-4 0 44 0 4 to 4 4 V ., %-4 0 C. M) P. H 0 0 - 4 m4 4 4 0 '4(aO 4C m 0 0 X42 0 t 3( 0 P% 144 v a 4 j S to 0 0 EN 0' 000 0 ( 9m 0 P-Hu4J>, 0 2) -4HI V' HV P '. U0 $4 4 M. 00A4 M .. . Eu '0 m go 4 . o0 0 ( O40 0 4J 4j00't 4 054 r 0'0.I0'au ! 004 0 0 1 V0' '0 0 1 U) -C :3 0.0 0 00 0 u 0u4 A4'4 4,0 00 H 4 $C f IV .u 4 0 )u S .! rN' IaI00- . 0% to 00 I k-4 0 0 P 0 0005 O 0 .430 0H 0 0 0420 420 k0 Eu '44 U) U) 0%#
Attachment 1, passage 12616644 0 0 V O I r 41 t 0) 0 4)0 00 ro4 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 1 1 1 0 o 0 G 0 -11 J, t n' n' il gil~ligln n 4 44 E-4 H A-- W 54 -4 H M P 411) m V q u 4 IA04 0 C.- Q0) .0 4 1 - 1-H 39VA H 4.) X 4) - 0 4 4 W 0 0 r. toI 0 OW.4 4 0mf) 0 CA H 14 TD . 1'NNN r-4, bNN CAN 0 HE G4 10 41 ,-4 u u 4 k4 V~ --f4 0 0)41 %4 4J %4 a) 0 go 0 V 0 4 ty1 k1P4 '41J 41 ')' 1 'U; 1 0) m- i i ,4 0 u 0 -1 41 14 014 A 0) 41 t) '4J-4 41 0)n " U;) .i 4 m iLn If) If)i If If I I If I 4) 0 0 z U) 'U 0 C a 41 0 W... :3. 0) 40 0 0 U 41 0 -4C 0) C040 0 14+ ;. 9 H = 10 on 0 O 'U 0007 il,4 4 ) 0)( 0 A 414 0 0 r1 -4- 41 40 '01.0.4) H00 94 0 4> 04140S 14-%4 >1 0'41 0 *4 " 44 z '0U . 0 V4 41.00.i 0 a rU 4-4' 41 P -0 A0 4-: 0 ) % 41 -40 '4- a k4 0 -4 0 44 C 00)%4 04)0)0 4,1, 41041a w 0 %0 w 'r- rwCDa% 4 4 H 4 H q11 $4 4 43 0.0 0441) 41 4) d) 41 4)4 0 10 V 0 0 0 - 1 '0 0. 0. 41 0 41 2 r. C 4 U1 ) 010 l a40 w) r. 41%. m: -4 9I 014 v4- 0) 14W-I a010)k41 w 1 410 m4 . 1 ) 0) 04 0-IA 4 13 a U10 14 A.0 00 0 4 0 Viw '6 1 m 41 r. 14 0 %4) Wk0 00) #A0V- 1- 4 d P 0 al -40.VA (a 1414 r.1 .9u A a 4 Q-. 0-C-4344 494 4 0 0 0 E4-M-4 41 0 01 01 0- 4 - 0 414 1 di 0' 4J 4 o 4-1 0) '0 S0 .I0MO': g0; 0' 0~~~1 %0' 44) 4) C a4 0 0 " 44 Ul-4 4 -0)4 ,:'dV 0', 4) 0) -H w) WI..9r.U § t 91 -4 1 4) 0 0) tP41 r 0 -- 4 14 tl VV 14r V00 44) ra n 0 a -4j V .4 mm- n% , C -4 0 'n ! 7. 44 N M 0 -4 0 WP-4 .0' 1 4a 41 -4 -4 4 - 0 m -W#
Attachment 1, passage 127Federal Register l' Vol. 581, No.. 67 li Friday, April 9, 1993, / Notices 18645 Page 5-C-11 5-C-11 5-C-11 5-C-11 5-C-14 5-C+18 5-C=77 5-C-22 5-C-2} 5-0-22 5-6-22 5-C-24 5-6-74 5-6-24 5-6-26 5-C-26 5-C=26 5-C-27 5-C-29 5-6-29 5-C-29 5-€=29 5-C-30 5-C-33 5-C-33 Subaissions Not Eapability to continued Segment Sypeission EARL ink Subnission submission Keys Effors in a Filing Cannot be Detected 5.15.1 Before Assembling a Submission 5.15.2 Using EDGARLink Browsing Capability 5.15.4 Procedure to Asgamble Module Submissions 5:16,7 using EARLİN Begsing Capability to 5.18:2 USing EPSARLInk Browsing Capability to submission Printer with 5.18,3 Pressure to Cheçk for Errors in Carts to inFiling 5.19.5 Procedure to open Error Log and Submission to be corrected 5.19.6 How the IDGARLink Correction Editor 5.19.7 faiter fatting kays fer correctson TABLE OF CONTENTS to Assemble submission 5.15. j Procédure to Assemble Modules or Segments 5.15.5 Procedure to Assemble 5.16,t Submission Pils Haming Edite 5.16.3 Spec\al täiting. 5.16:4 ProcedurE te Edit a 5,77,7 Procedure te Print 5:18 New to Check fgr Errgra In a Piling $: 79,7 COErgGLing N-SAR Filings. 5.19.3 Using EBGAPLink Browsing 5.15 How to Assemble a Submission submissions Asing Check for 5.18,1 Error Pile e Tiling 5,19 Hoy te CoFFeet Errors in a Some EFFOR 19g 3.16 How ip Bait a submission : 5.19.1 chaptes april 1993 pago 5-B+14 5-8=15 5-B-16 5-8-17 5-8=18 5-B-18 5-p-18 5-8-19 5-B-19 5-B-19 5-B-20 5-c-1 §=6=7 5-C-3 5*g=19 5-C-10 5=Ç=10 configuration Create/Edit a Terns in Change/Add Moden Parameters Screen5-3-9 optien Change/Add Modes Parameters Screen User's Configuration Screen After Savę And Bait oF Exit Without Saving Procedure to Create or Edit a Submission. Access TABLE OR CONTENTS Continued Hov to Modify User's Configurations Moden Type Selested Gappyberue Telephene NURPeTS How to Create or Edit a Submission Header $.13.7 Precess to ergate ar Flit e §ybaission 5.14,1 fonfiguration ResuiTeRenEs los Using 5.14.7 Procagure te print a subaission Header BECTION ET PREBAJNA SUBMIASIONS FIVE HAGARLIA Hoy to Print a Submission Header Printer with EDGARLink 5.10.1 Procedure to Modify Printer port F414ng BizeftorY vialing Script Login RIK Ansver Delay Subalsalon 5.11 How to Exit From IDGARLİnK 5.12.1 Procedure Chapter 5,17 April 1993#
Attachment 1, passage 12818646 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices -0 0 0 1 r01 CO 0- 010 I I I I I ,- 1 1 I1 1 1 II I II I I -in in Uin Ui I 0 C 0 0 Cr.. -. 4 - _ 0 V41 0 r 0 41 -. 40.4 U I-.14 z 0 A CIO 0 m 000 CA ,I M 41044 3 W fAW CA 'A0 (D ACA w4 4 0 00j M 0 8 MAU H0Ow w0w0101 00 034 r' C C0 4 0 4 9:000 09 (i to -. 4 10-H .U 00 C .l4.k.0 14J0.4 $4 -C A0 .4) I 0 0 C0 0 ) 0 (a WAQ 404 01t0o O~mo~o. ww 91 'U 0 '-4 N. N- . I I I I N I III II I-4,-4.-4NN 10 1010.0 1010 101 liii 1010101010 C 0 to 0. O 0 $4 0 C4 w~i 04 0OO0 0 v40 444J -I 14 0 .0 03-4 cc 0£ WI o &A 41 to) 14 01 0 C 4J 0 - 14 fa 0 0. . H 0 0 41 0 0 x 0D 10 4 C14. CA 00 u 0 o 0 0 u .1 0 :1U-4 -0 10 0 $4 C 0C 0 6 r. C) 0 0 :1 C U 0% 0 -A 10 4j0.0 u 410A (a00t E4 .40C A.004 0 to00 01 (D 0.. 0 .1F 0 0C4 r4) 0000 0 C 00 C r0 H *OVC 0 : WCC uu 1* (1 P 4J 0 0 00 0 u-4 S1.. 4j14 NC 0 -. 0. V 4J 0 V ) 44 000 00 un0-0 10 %a a % w 0 III III 000 000 U U U C Cu 00r r 0 .4 04 0 r 0 C o C 0 00C %40 H ) 41 U) 01 00 r 0 ! .- 'I :0 .0 4 N4 000 Z uN 00- 0! In ' 10 4 A /)V 3 0C Id 0 .4M V 0 -. 41 0 0.0 CA 0 31C4 C CAO in in CCO N N 10 0 r, f I I I 00 00 04A 1 in in ain I I I I I li lin in r 0 0 0 t 01 -4 16 CA >0 0 0 0- 010 00 w -4 0% .- 4 '- 4 04 -0.4 o 0, ,-, 0 C -4 r -9 4 4j 0) %4 041 41 10 0 % W01 10 -0 C 0 .4 N4.- 0.j U 0 to • in 4. u 0 .-4 .4 C4N m m~ in go gg w w w I , I I I I I loUi loin i inl in A. to) Z (0 30 t "I14 -0 01 r fA CAu 0 HCC 0144 100 to 0 0 0 4 4 V1 VV 41 0. 04 0 0.00.) 40090 010 u E. a u04 N A. 0 in#
Attachment 1, passage 129Fedesal Kogüstes A Viol. 58, Ilo. O l Priday, Aspril 9, 1993 / Notices 18647 E-1 P-1 8-3 F -5 F=7 G-1 H-1 I -1 Indax-1 TABLB OP CONTENTS Continued Future Tagging for Exhibit: Financial Data FOrm ID: Uniform Applícation Por Accęss Codes Form SE: Form for Submíssion of Papex Pormat POEM RT: Prangmittal SprA fox Bleftronje PoFnaE 67 gabary ef femmonty psed Fers, Astonyns Paper Forms for Electrogic P111ng Exhibits by Blectronjc Filers Bocunenta pader the EDGAR System Parm 13P:E Speajal Eleetvonte Piling EDGARLink Saript LangHage to file on EDGAR and Abbreviatione Schedules InFTUFtionG APPENDIXES (continued) Index APril 1993 Page 7-4 7-4 7-5 8-1 8-1 8-2 B-2 B-2 8-4 8-5 9-1 9-2 9-2 9-4 9-5 9-6. A-I B-i C-1 D-1 Multipie Submissions and files on a TABLE OP CONTENTS Continued Subnitting Magnetic Tapes 8.2.3 Múltipla SupmlEstors and FileR en a Is Valfd 8.4 List of Acceptable word Processing Formats More Chan One Piling in the Same Session Initial Message Țron EDGAR at Tige of Piling Inforaation Applipable to All Synchronqus PorȚ types sacepted fas flestrgnię Piling Acceptable values for Certain EDGAR 999S Messages Reported by the EDGAR Syştem single Tape 7.2.5 Magnetic Tape Documents Single Diskette Constraints" 7.3 How to Deliver Magnetic Tapes HOR IO SEND PILINGS ON DISKETTE 8.7. How to Prepare a Diskette 8.2.2 Headers and Tags 8.2.4 Suanitting Diskettes How to Deliver Diskettes tor Diskette Subaissions men Login 9.2.2 When Login Is Invalid 8.2.1 Formats Synchronous Legin Transaissions APPENDIXES (To be Bound Separately) 7.2.3 7.2.4 7.2.6 8.1 Introduetion 92 Introdution 9:2.1 9:3 9.4 9.5 Chapter ApFi! 1993#
Attachment 1, passage 13018648 Federal Register / ' Vol. 58, No. 67 / Friday, April 9, 1993 / Notices An index is algo Included in Paragraphs and subpara- 1.2, 2.6.1). In addition, Some elements of the EDGAR This chapter provides a definition of for issuing Manual updates, on the Operational EDGAR system between subscribe to the EDGAR electronic mail service to The following information is designed to help filers decide This chapter provides a key to where and when information This overview of the EDGAR system offers a background on the chapters have been further divided into Sections (e.g., 4-A) . Releases 2.1 and 3.0; a comparison of filing on the EDGAR system This chapter details what is needed before becoming an EDGAR governing electronic filings, and the phase-in of filers. where to turn for information in this Manual. about using the EDGAR filing system is available. development of electronic filing to the SEC and plans the EDGAR system. and filing on paper; hours of operation for and answers to A completed Form ID must be sent to the SBC. to compatible equipment and software are needed, and filers are receive acceptance and suspension messages from the SEC. system will be unavailable to those who do not subscribe to Information on the word processing phase of preparing some terms used in electronic filing, describes the American Standard Code for Information Interchange (ASCII) character set 1-2 recognized by EDGAR and includes descriptions of "tags" and CHAPTER 2--THE BLBCTRONIC FILING PROCESS Iller's most frequently asked questions. CHAPTER 3--HOM TO BECOME AN BLBCTRONIC PILER CIK and other associated EDGAR access codes. E-Mail (e.g., modular and segmented submissions) . 1 2 GUIDE TO ORGANIZATION OF THIS MANUAL «»онос000000000000000000000000000000 The manual is divided into chapters. CHAPTER 4--HOM TO PREPARE AN EDGAR SUBMISSION graphs are numbered for easy reference "values" used in "headers" and documents. provided at the end of this Manual. payment methods also are described. CHAPTER 1--ABOUT THIS MANTAL this chapter are the plans in of registrants to comparison of filing i Apx1l 1993 To register, a CampuServe sends an Phase-in of mandated filing To protect the integrity of Acceptance and suspension When the completed form is received by the SBC, CHAPTER 1-- ABOUT THIS MANUAL access codes must file a new Form ID with the SBC, preferably Before filers can use the BDGAR system, they must be begins with Release 3.0. Those who have not received SEC at least 3 months prior to their phase-in date for filing. Specific phase-in dates for the first four groups are set forth in Appendix B to the Adopting Release. Dates for future groups will be published in the SEC News Digest and Federal filers who have been mandated or otherwise permitted to file on EDGAR will be supplied with four codes that are referred to throughout this manual as access codes: a Central Index Key (CIK), the associated CIK Confirmation Code (CCC). Password (PW), ard Password Modification Authorization Code It is necessary that filers limit the number of people who the data that are received by the SEC in a filer's name, optional bulletin board and electronic mail (B-Mail) service messages about submissions will be cormunicated via B-Mail to subscribers. Those whó do not subscribe to the service PROVIDE FOR RECBIVING COMMUNICATION PROM THE SBC • For communicating with the filer, the SEC provides an information packet on the EDGAR B-Mail service to all : FORING SAT TO TERS, REP A STONED CORY OR BRINTOUE OF RACES • HAKE A BACKUP COPY OR BEC-PROVIDED DARED SOMAL.... 1-1 registered on the system as EDGAR filers. 1.1 ITEMS CRITICAL TO FILING ON EDGAR .......... these access codes must be kept secure. will receive messages via U.S. Mail. • PILB & PORM ID WITH THE SBC tiler must submit a form ID. cow their CCC, PW, and PMAC. through a vendor--Compuserve. KEEP CODES PRIVATE registered filers. April 1993#
Attachment 1, passage 131Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18649 It also provides Filings may be submitted either over a 56 Kb This appendix lists those values that must Uniform Application for Access Codes Form for Submission of Paper Format Transmie al Pom For ectonic Format Documents Under the EDGAR System Notification of Reliance on Temporary This chapter describes how to submit filings using synchronous This appendix lists the form types that are accepted by the EDGAR system and the EDGAR Submission Header type a page reference to Appendix B, where the tags appropriate In this appendix the EDGAR tags appropriate for each The EDGAR system recognizes a limited set of values for This appendix includes information to assist in the Inia regure pecialancial data schedules data communications (the EDGAR system supports the IBM 3780 for each submission header type are provided. understanding of the acceptance and suspension EDGAR TAGS BY SUBMISSION HEADER TYPE submission header type are provided. ACCEPTABLE VALUBS POR CERTAIN EDGAR TAGS MESSAGES REPORTED BY THB EDGAR SYSTEM messages generated by the EDGAR system. POTURB TAGGING FOR PINANCIAL DATA SCHEDULES to File on. EDGAR Hardship Exemption 1-4 CHAPTER 9--EOM TO SEND FILINGS BY SYNCHRONOUS COMMUNICATION 1.2. GODS TO ORGAVIZATION OF TS SATURE CORt names given to each SEC form. be given in a specified format. PAPER PORMS FOR BIECTRONIC PILING Leased line or dial-up telephone line. APPENDICES (Bound Separately) PORM TYPES ACCEPTED certain tags. Bisync protocol). April 1993 This chapter Section A provides chapter provides information on transmitting filings to The chapter is divided into six sections: Section A provides information on what must be done to BDGARize a constructing submission headers; Section C lists the tags and values used in constructing document headers; Section D lists submission; Section B lists the tags and values used in 1.2.00708 TO 08017247108 OF 7318 AL Got d tags and values used within documents; Section B gives instructions for handling special situations; and Section P CHAPTER 5--EOW TO USE THE EDGARLInK PILER ASSISTANCE SOPTHARE Procedures for using EDGARLink, the software provided to information on installing and maintaining EDGARLink on a PC; Section B introduces the Main Menu and provides procedures to specific needs; Section C includes procedures to use EDGARLink to configure the software to meet user hardware parameters and EDGARize submissions and includes assembling a submission, error checking and using the correction editor; Section D provides all of the procedures which involve communicating with the SEC, including changing CCCs and passwords, sending transmissions, downloading updated software; and Section B discusses using the EDGAR E-Mail service through EDGARLink and installing N-SAR CHAPTER 6--BOM TO SEND PILINGS BY ASYNCHRONOUS COMMUNICATION the SEC with asynchronous communications software packages that The submission format and procedures for nine-track magnetic tapes and the required accompanying documentation are presented describes how to surate filings on diskette sh a wrie varsety of 1-3 Into mation on he Tequired accompanying documentatio filers by the SBC, are presented in this chapter. discusses signatures in electronic filings. (OTHER THAN EDGARLink) CHAPTER 7--HOR TO SEND FILINGS ON MAGNETIC TAPE has been divided into five sections: support the Kermit and Xmodem protocols. CHAPTER 8--HGR TO SEND PILINGS ON DISKETTE in this chapter. April 1993#
Attachment 1, passage 1321650 Federal Resister / Vol. 56, No. 67 / Priday, April 9, 1993 / Notices UI - 14 0 0 02 uo 00l u 0 u A - 0 t ~ ~ 0 1.4 . 4 so -A m a ,M-4 0. 0 -4 -4 .0 :O "A 1 o 0 02 " 0 1:1 w000 w0 1.0 00 - d v 0 U~1 0 0 1k 60~~~ %.d4 I. 0 I-41 '4 0 >1 %4 ( 020 6m 01. '0 ~ 4-.0 P, 42.4X -Z 14 Z 01 m 0 w)- N 'id 0-,,J. U)4 1nC.~0.) 0- 0 .0 41. U a. 4 k- 8 0 45~ Ui .14 ;4 MO. * ~0 >,0 010 .,. H~~ 0, O 0 ~~0H 0 0 1 4 H 0 -. 4 N 0 4 d 14 140 g.0 Daf n .0W V u( u 20 1- uu 00 141 H nK0 . 40 001.m00 44 0 00 4 01 04 U)I w. A0 0 H H dV 04 4 0x142 m HO) - 40 420 -,4 A) A 4 ~~~t 0) U- 90 3 00 04£ H 1) H 0 04 0 $002 4 H4 0104-i IA ~0101 OH~ f (d- L4 0 04 1H 01401. .0142 004A1 m~ 0.0 40 0 U) -4A 04 HC .4 H )0A -H 0 . w 0.13 .44 m W. a .0A43#
Attachment 1, passage 133Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices i8651 4 4 a, 04 ' 0~ 0 w 0 w 41 4L 04 01 -4 4 w 41 0. 004 0 0U LiW -4 14 '- 4 0 4 . 14u 1 40 A1a 44 0 00 1 4 -u'.4 40 0 VA 4 0 (44 0 . 0 0 Id 0-A 4 5 S' 0. 00 .00% m 01/ 0 14 0 . -4 .0 0 01 0 0 0 a1 0 %4 %4 0 0 0 d4 41 00 4 -4 0 0 J - 0 -4 0 > -4 ~ 0 0i 0 0 -4 41;04 140 -4 0 00 14 u u-A m z r:01 - '. 40 4 %4 M -AU) A ,4 4 - 4 4 0.-.4 0 LI 0. 0 _ w 0. 140 C 0. -4 14 41 M. 01 :3 00U000010 wi. -00414141w4414 1,3 0 N41. U. 4 0. 0 0.4 0~ 4 rzw 40 0 .- 0 44 4 4#
Attachment 1, passage 13418652 Federal Register / Vol. 58 No. 67 / Friday, April 9, 1993 / Notices Although the The public may Filers were invited to the SEC, automation offers immediate and For the filer, automation means more efficient For the investment cormunity, automation means the first electronic filers. The new system receives filings, verifies filer Because SEC filers submit approximately 12 million pages of The Commission first authorized electronic transfer of filings .... access to the SEC and an end to providing multiple copies of Pilot successfully demonstrated that electronic filing was both • Beginning in. 1989, development started on a fully Operational identification, and checks that required information is present. The EDGAR system stores information and disseminates corporate access electronically submitted filings from EDGAR workstations 2.2.1 BLECTRONIC FILING STARTED MITH PILOT EDGAR SYSTEM feasible and beneficial, it was not, nor was it meant disclosure data, permitting SEC staff members to examine in the SEC's Public Reference Rooms (in Washington, D.C., services: one opera, sal oct bys en retine and more tully reporting company to change from paper to electronic submissions. Extends a comation to more functions wed in the seat, and (See Release Nos. 33-6977, IC-19284, 35-25746, 33-6980 referred are printed in the Federa Regiue go are avalacte along wing the anticipates maintaining a copy of the chedule and the Rules 2-2 2.2.2 OPBRATIONAL EDGAR SYSTEM BUILDS ON THE PILOT 2.2 BACKGROUND ON THE DEVBLOPMENT OF EDGAR complete and comprehensive automated system. submitted filings at their own workstations. speedier access to public information. 2.2.3 RULES GOVERNING BLECTRONIC PILING with a Pilot EDGAR system in 1984. on the EDGAR bulletin board. documents annually to future benefite. required filings. participate and become EDGAR system. 0000009% April 1993 CHAPTER 2--TEE ELECTRONIC FILING PROCESS This chapter discusses how the electronic filing process 2-1 2110000770 April 1993#
Attachment 1, passage 135Federal Register / Vol. 58. No. 67 / Friday, April 9, 1993 / Notices 18653 (See (See (See the those through the have been activated. for segments and modular database (See Appendix A and B.) with this release of the EDGAR system, filers will find a few • A few tags have been added, and others, previously shown as comprising segmenta sent in separately and combined at the use of the tag «GROUP-MEMBER>. (See Chapter 4, Section B.) release, • Segmented filings are accepted. These are submissions • direction of the filer to make a complete submission. submissions has been added to the EDGARLink software. • Up to 250 group members for Williams Act Ellinge can be (See Appendix B.) • Pilers who submit paper fllings under a temporary hardship using the tag «CONFIRMING COPY> in the submission header. 2.4 BUBCTRONIC PILING CHANGBS BPPBCTIVE MITE RELBASE 3.0 EDGARizing changes and several enhanced filing capabilities. recorded in the • Pilera may stipulate an effectiveness date for gome • Module processing has been refined. (See Chapter 4, exemption must gubmit an electronic confirming copy • Additional form types have been added to the list of 2+4. • New hours of operation and Filer Support service. listing of tags in Chapter 4.) planned for future Chapter 4, Section B.) • Header building assistance to be illed electronically. Chapter 5.) recognized and submission types. Section B.) April 1993 Once In addition, Then the Cormission not odly the company's own filings but Only a few specified filing forms Most filers with the SBC will eventually become EDGAR participants as prescribed in the Rules for mandated electronic submissions. Groups of registrants vill be mandated to begin filing electronically each year unt1l phase-in 18 complete. also most third party filings with respect to that registrant Approximately 3 months before the scheduled phase-in of a 911p roup inseng team ty to my pay or ar 2.3.2 BOM RBGISTRANTS GET STARTED AS ELECTRONIC PILERS access codes by returning a completed Form ID to the SBC. codes have been provided to the filer by the SEC, the filer may In Release 3.0, Transitional Filers and additional gioups of registrants are mandated to submit filings electronically. The next BDGAR release will bé available later in 1993. electronically for 6 months (sometime in 1994), the system is is expected to mandate that all remaining domestic registrants, registrants, file electronically. Groups of registrants vill be phased into the BOGAR system, iD accordance with the echedule Phase-in is expected to be completed 3 years after the 2-3 2.3 PLANS POR PHASE-IN OF FILERS TO EDGAR 2.3.1 NEO MUST USB EDGAR TO PILB MITE THB SEC will be exempt from mandated electronic. filling. a significant test group of mandated filers has filed and third parties making filings with iespect to such expected to be declared fully operational. a registrant is phased ‡n, must be filed electonically. ........ access the EDGAR system. 2.3.3 THB CURRENT RELSASE 3.0. published in the Federal Register. • beginning of mandated filing. 2.3.4 THE NEXT RELEASE April 1993#
Attachment 1, passage 13618654 .0 30 0.4 .0 u .004 Cid -H H 0 -a M 0) 0, m 93 0Udi 0 0 a)- 0 0 w di 0) 10 -r4 d 000 a,( L M-4 WV 0)H-w 930 0 4u, 000 w 4) 41 4-4 - 4 CE 4 -p40 00a a) 00 -0) > OuA, Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices o .4 $4 m11 .H x 4 , 0' 4) a) * U) 00) a) a)1 M0.- H4 0 dl 0)-4 O0. a) a)"- 4) " ) > 0) %400 ..4 44 H 0 %4 1 Wa 4J $4 dH ) P 0 0 m 0 w,-n .90 Hi u '4 a0 H 0.a d) i to %4 0 1.0-4 0) 00 .0 P4 0 4 A.)- P 0 m I-H 0 aj.- a, w- w)- H" 141 U 44- .a r-4- 0 v a) 0 u 4 H W U a4 0 0'4W r. 1.0 10, A -a 0 - d ~- 0.1 w .0 - x aJ.J.4 a >- -a4 '-4-041 a. t;0) -a f C> 0 '44 10 a 0,0 a -d e0a -d 011W H-a 0. 00 0 *da u. rq- -A a, > 0 a4) a) .00 (D.0 0 mu W 0 0) Hd -A 0.H a ,a W0 44 W~a W.0 0-W 0; W A ) VA0 dI m H- W e 014 a) 0.S0 a) di- 0 0) (d 0) CE 1 I -00 0 . 44 0 .. P H .0 H a) O w H . a, to .40 0 "4H a 10 a, d '4 .' A0d0 -aH a46a .4 W 4 H 'q ) 1 d R), a.6 * " a 0 0 ) >a) -a. a) u 4j H .0 -0a4404. 0) -a .- '0) 14 9i a)'dd 0 0)0H -VH - 10 4 H -~ 4 H4Or e W) )a) v Ve U04) 0--a)a a) 1. a6)d.i 4 H-; 1ClO '44 A ~ iia0 O 0 4 d H4 w0 da01 0) w u id :3 " ad V-H Aid 00u. 1 1a)- AH00),-Ha,)m- P0w a) m0)'" wa0 0 -a4 1 4j Nt w)' 0 A)m 0 Vrf A>1-H 0 ) u wP. 4 di i 40)0 U # 9 ( u 0) A0 a) w 0)0 1a a Qdi!a W-,4V MH g~.U-i. 0 104. -1 >1 0) a, a1 0 .. a) -4 0d 0 m) W '30) u P) wH a) " H-ato -0 0 0 . Li u wi O0) d'0 -HV 0 104 d 4400 & 0) > r a, W~id U ".-A 10 di a, 0 0 * 0 -I 0)#
Attachment 1, passage 137Federal Register / Vol. • 58, No. 67 / Friday, April 9, 1993 / Notices 18655 on a filing. A Piler Support staff is available to assist filers each business day from 8:00 a.m. to 7:00 p.m. Bastern Time. The Filer Pilera should contact their appropriate 68C Diaclosure Branch telephone 1ines, correcting suspended {ilings, and obtaining during hours of normal operation (9:00 a.m. to 5:30 p.m. Lastern Tine) for questiona regarding the following types of information: for a continuing hardship exemption 2.6.4 ASSISTANCE AVAILABLE ON USING EDGAR SYSTEM 1 2.6.5 ASSISTANCE AVAILABIE ON CONTETI OR EXIIPIIOAS U 8 SECURITIES AND EXCHANGE COMMISSION ROOM 1414 system (such as understanding procedures, from electronic filing, and adjustment of the {iling date ATIN FILER SUPPORT 6432 GENBRAL GREEN WAY emergency access to EDGAR). • content of filing, ALBXANDRIA, VA 22312 request MAIL STOP 0-12 • April 1993 date as of the next business canceled and will have to be Delivery In this Release, the system is available to receive direct transmiseions of electronic filings each business day from 8:00 a.m. to 10:00 p.m. Bastern Time. Transmissions started but not Direct transnissions of live fllings that are begun after 5:30 Tapes, diakettes, and Form ID should be mailed to the SEC at° 2-7 2.6.2 58C DATING OF BLECTRONICALLY TRANSMITIED PILINGS vill have a filing 2.6.3 HOURS YOR RECEIVING TAPSS, DISKETTES, And PORK ID •2.6.1 DURING RELBASÈ 3.0--HOURS OF OPERATION 2.6 HOURS OP EDGAR OPERATION 0000000000000000000000000000. completed by 10:00 p.m. will be resubmitted the next business day. bame businees day If they are accepted. • 8 BECORITIBS AID EXCHANGE CONMISBION US SECURITIES AND EXCHANGE COMMISSION p.m. Bastern Time the following address: ATTY TILER SUPPORT 6432 GRATERAL GREKH MAY ALEXANDRIA VA 22312 OIL STOP 0-7 ATIN FILER SUPPORT Headquarteres MAIL STOP 1-6 450 5TH STABBT NH HASHINGTON DC 20549 April 1993#
Attachment 1, passage 13818656 2; 4 to 0 1.4 4 0 4 41 4 4 -4 -0 04 (-4 4 (a 4 Federal Register / Vol. 58,'No. 67 / Friday, April 9, 1993 / Notices 14 C V4 Co0 0 444 00 0. _4 -Ia30) 0. FA0 >'a :3 14 fu0 . 0 0 0'40 44 0 0 V ' 43 Q C) 0 4 V A O044 > -4 4 C4 1.14 0 43430 04 3 V 0 40 O,44 x 1.4 (aOO ,Z0w 14 0CC 0L > a) 0 -4 .4 ' 1 0 > 0 - 4 0 '-4 m-> 0 04. 03 v 1 4j- -4" 0 .a 1 04 wO 0 a 0 140 A 14j1 1 14000000 00 0.4-#a.0 0 f :1 0 000 a0 0 $4 4 043 W4JW4)0.4-4 410 4040 "-.4 1 4 o . 0 0w01- 43 0 d)043I -40 4 -4 a 0) -4 v0 '0 1. A4:3 04 C o -'00 1 4; -C VC9 .14 0140 r 1w mH 044 u > > a,0I 0 4 >- 0."4 r 0)-4 413a 10 C .,4 4j :0Ca 43 M: 010,' . C ,-4 .,.4 .4 -,4 (. - 1- ' 0. .4 0 •4 -'4 0* 44 r 4-4 0 44 ,- 0 430 C 4 0 :• IQ- - 0.03 4.4 to 0 -4 (v -40 0 0 0 0.-4 P 0 A 43 0 .a4 0 0Ct0 0 W14430 H> .- 4 0.0t -4 0 0 4 0 0 j.0 0 00 CA>C04 0 " 't 9 0 'q to4 C 4 -4 > A. 0 -4 43 -4 44 0)4 M-a. (4> V w.0 0ca q0 14 H >4 0 '04A -a v 4.131 -430 V V 03 0 tC 0El 4 3 0 0 .4 0 W 4J 4 0 0 00 0. -4 0 o 0 C-44 0 :-1 C 14~ 4 .3-14 A0- FA 3t 0- o 4 go : 4 0 > 0 .4 43 k 4 -1 0 X . -1.( 44 .4 w. 0 a0 ) 4.v . 2 3 ON OR 44 0 0) 4 43.00 *'40. 4 3'-4 '0 A3> -A .0 P. OP 03 0.to40 443 '-4 0 C 0 0 0 43V'-4 .44 004) r0k> -ItI 0. C140 w A4to k 3t 440 0.0 P10 (a V 0.V 10 V 0-43u0 '-H 00)4)$ C r :1C $4 C .- ) 0 to0N01 14 C.) )t 0 .04 C 2H 0 0 j (a400 43 .4V 4 9 to 0- .41 A C.4W 0 043>0 ., 0a 0 .14 0 14 03 -a A > -a 0 A 0 .1 . 43 00 a 4314 k4 044410 m140 00- Z0 01 40 M 0 1420) 0' 4 .9 000 CJ C95 0 > 0. 4 C.- '0 (3E 0.00- 0 .4- CO0 0 40.0 4J 0 4.3 W 0 0 4) 4J 4J 4J 41 r 43 Ca -a 0 4J Z: 1j 0 -1 - 30 444 .-1 -'- C 0 431.. 444 0 M4 00 CO 043) u r0> 0 ( go mr1.3 0 0 w04 V n' 0j0 '-4 >. V. : 11-443 04 *a 0 0 Cm 0 C144 00044 N 0) ( 0 0 tow 0 41 u E -1 O 0, 4 Z014 >14 0 .- 4 0.A 4 01lI. 400 v .1. U -1. 0 0 0. C m 0 .4 (0 0>0 U) U) QC3 i 0 go0 0.0 V E(40 10' C 430 ' 0 1410V 144 0 4 x0 E. >., 14,-4 14 .- 4 -a ,'.40 C 14 -. 40 r O V0 0014 04 4-a 43 •, 4) u) 140 0 ' 4 '04 '0 -a 0 0 O430 -4 %4 C C .0.o -4 -1 -1 -a -a 443V 400 C. 4-a 0 1 -k C 0 v440 444 r .4 V: : 1410 -0.4 0- 1.0 43V z0. 0 43 0 40 7 0 04314a Vr0 4 0-4 -40 -4 -4 -4 44 444 0 00( .C4 V 0 - 4.-I r >.,A0 0. 01 4 ' 0" :3 43 COW.- 0 C 00 0 0 , 04a 0 10- .0 0 43 0 0,- 44 00to $4 -- 4 00 0 C444C00j t -. '4 4 0) 0 H -- 4 0) 0 U-a go -4 '1 4 '- 1 44 >-41 $4- .- 04J 0 0 0 4)14 K th 0)-A4 , 1 r4 i- - A , ( " 00 44 %40 0 9 >Q 0 .4 r m.-4 w - .9 0 0 0 4 w 0 V 0>14- >40 044.41 m09k.140: 3 C 03 0 00t 44 r~ 40 0 $ 0 0% O 4 0%' G 14C -40 r w 04-4V -44344 C U.. 0 -4 0 w 43 0 - - 4 0 0 :w 30 C a0 01 13 g#
Attachment 1, passage 139Federal Register / Vol. 58, No. 67 I Friday, April 9, 1993 / Notices 18657 IC~ -4 -4 '-4 -'4 0 4 E 4 C1 41 041 0 4 C. w.,4 -4 EU .,-A ., -,4 at r d, -m-' 0 0 ." u-400 4 '1 40 0 0 -40 V . .0 9 4 0 -- 4 '4- 0 M -0-.4 +1' .4) 2.4C 04 0,0 00 • 0- 0 w 0' M .4 6 0 0+) 0 0.4 0.0 0 14:0 1 001 0 w( .0 V0 41 FA0'. 0 0 0 40 r.0g >.o.( .4 U s 14 aI . 2,. 0.. .4 M . 0 0 toX 0 4J -4 U 6 0 0 0 .'-4 0 ;-8 4 r 44 4 1 C 0 0 C)0 0 -0. 0 -. 4 V V 4 0 00 0 0 A 0 >' I1-,4 w ,-. -4 '0-4 L .- 0 0 .C 0. 4)a0 0 0 04j 4.4 0 41 4 0 "4 0 m 4 4J-.-4 ) 4) A.0 0'ql0 u S4 . .$4 o 4 w 0o 00o-40 4)4. 6 a 0 mU 0 V .--4 V'0 0 0 * .41 - 0 8-10 '0 0 0 0.0 0 0 ", 0 k4 0 0L >A . 004 0 -4 4 O,0 0 14 0 A8k.0 I" 0. 4)4J $41 V V 0 0 w 1 0 A, >0 0 .4 0 0) H -4) 0 w 4 10 40 0 -f41V I f 0~ >, 0 '.4 0 00( a4 1~f 004 P 0. -P z -P4 EU 0 w0 0 040 0 4 >0- 1 0 .0 4.) ~0 41 0 'U 'U 0 0 0 0 -0 (11'. 0,-I .06 00 '-4 6 .1 C). '4 -. 10 014 (1 -'.4 ~Z1 4j 01 0 4) 00 v • ,404)1, M -.4 C P. 41 0 4)0 -4 UJ 4 O, U 0 Q - 0 -.4 N V a 4 0.- 0w 0 0) C >1 %4 4) 0 1" 0 -4 0' 0-.4 00r 0 -.- > 0.004)o 0 )-P 02 0 -4 0. 0 .4 00 - 4 0,. :34 0 If0 1 : 44) 0 0 r-0 --.4 .0 00~ 0'.4 I0 ).4 4. 0 %3 H W1 0 >0 ) 0 P)0-4.( .- 0(84 3 00 W - 00, 0 0 f .0 15 : 0. 4 0 04 0w' 60 0 t 0 0.06a 0 go C~ 3t0 C4J.-4 0 to 0.6600 0$40M '.4(0tv 0000 60 0 C>.0X4 0 0 00 m 40 41..1 0 u a EU-4 08d4 '-4. -'4 84 0 0000 ,060' 4)60 .10 ,-4* 0 r iv'4 - AV 0 U.I0: %4 '.4 0 4 10 U, 0 010,4 0 0) 4 H 0 -4 10 C 4t -. 4 ~ 4 0 0 t 60 O. 4 00S .0 4 140.4 '4 0 :1 >0 6 40 A 006#
Attachment 1, passage 14018658 Federal Register /' Vol. 58, No. 67 / Friday, April 9, 1993 / Notices or training agent as It may also be used to request A copy of the Form ID, with The SEC Form ID is used primarily to obtain access codes to replacement codes and for filing and training agents to gain Before filing on the EDGAR system, EDGAR filers must have a completed Form ID filed with the SEC and have received EDGAR As phase-in to the EDGAR system occurs for filing entities, instructions for completing it, is provided in Appendix F. the SEC will provide registrants a copy of the Form ID for purposes of applying for access codes. Third-party filers may request a copy of the Form ID at any time. (See mailing address Applicants for EDGAR access codes are required to indicate applicant plans to file on EDGAR in more than one capacity, a врасо то да переча Рот 0 202 a fing ga reg. defined in Part I of the Foro ID General Instructions. separate Form ID must be completed and submitted for each and will receive three separate sets of CIKs and access codes. Filers may submit filings on their own behalf or use a filing agent. Training agents may only submit test filings. 3.2.2 WHEN MORE THAN ONE FORM ID IS REQUIRED whether they are a filer, filing agent, file on the EDGAR system. access to the EDGAR systen. |3.2.1 WHEN TO SUBMIT FORM ID access codes from the SEC. 3.2 PORM ID on page 3-1) April 1993 Other registrants CHAPTER 3--HOM TO BECOMP AN BLBCTRONIC PILER Before authorized filera may begin filing on the EDGAR system to obtain a corporate account number (for use with fee payment) unless these have already been received for • BDGAR-compatible computer equipment and software obtained, messages to be sent by electronic mail (otherwise they will This chapter includes Intoration on how to accomplish each of with their phase-in group, certain preparations must be • A Form ID filed to obtain EDGAR access codes and * arrangemențs made for EDGAR acceptande and suspension Under Release 3.0 of the BDGAR system, only mandated, phased-in registrants and those making third-party filings with respect to those registrante (with exceptions for certain purpose before Live fling 1e mat ated 111ngs for training Bafifies wishing to become either training agents or filing agents should submit a completed Form ID to the following of commi.D. 2.6.3 for houre for receiving and hand delivery 3,1 E B BBEURITIBS AND EXCHANGE COMMISION the Operational EDGAR system, be returned by U.S. Mail). address (see appendix F for Form ID) : ATTY FILBR SUPPORT 6432 GENERAL GREEN MAY ALEIANDRIA VA 22312 MAIL STOP 0,7 3.1 INTRODUCTION ... completed: the above. April 1993#
Attachment 1, passage 1414)> 0 -4 $4 0 0 4)'- 0 ) w > S 0 E4 4)a U) 4 0 IVV 4)U .4 :1'0 0 Id (4 4) ) '-4) 14 4) 4) -44) 0 W A '4 0.', L u.- C 408440u -0 4) 0 0 $4 41. 4 4) t.o)0 4) C a ) 40 ' 01 >4) a u u 0 - n .0 r- 0 0 U4 u f 09 ~41 14 4) u 0 C r. 0C 4 444) U 4) 4 0V 0'.4wouz0. 4) v.w C 0.00 N .4 4) 4) > 00C 0 £0 4 -4) -'40 4) 40 4 a;-4 000r. k). £44 0. 41. 41 040 .0 04) . - 0 4)4 4 0 V. 4) :2 044 0.40 0 0 0. %4)4 k- .14 40 0 -00 01 -4J 41 0 ). 'q4 %.~4 C0 4)0)# 40 0 Qj 0 9 :5 U £ 0.4 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18659 4) md 40 0 10 0 0C 0 0 4)£k4)) U) 41 4) 4 8 .4 j SU44) -4 0). 0C4)444) .0 a *4)-0 C) -. 4) 4) -4 , - r . - v4 0 C )4 I 0' -.- 0 ( 4) -4 .4 .0 0' 0 4)4 H*- 4) .0 4) 44 C 44414to 0.-A 0. 4 4 £4A $4 1.4 0 0 m 144)V 4) A to 4) 4) '1 M4)4 ). V8 4C£ 4) 0.4* MV MVCH)4 ?A 4 0.4 $4 £4 0 4 w .4 f .40.4 -4 4 to A.0 0C 0)-. ., 044)-444) £4 £4 1 14 : n 3. 0) a 4 (404.04 $4 A4 4d )0 -4 :3 . .404a40 04n) P. . 4, -4 E) A10 41 :1 w- 4) 4 .CV4 0 .0 44V •d .0-d.C -44 4) Q C 41 1' 0 V .0 U.4 4 C 00 . 4) - 4) -4 C C (a )441. 4 4) 4 4)10) £4 d4 0j 04 00 4) .00 4) £4 -4 )-A ) *'0 4 £4>0004)> .0-U 4 3 -4) .4 -40 41 0 4)Al £4 '00.4V4A £4 4.4 0 C N 64 0 0 0 COA V) 04)P 0 ) 4)0r 4)4 (A .0 W - 0 44. .) U)0 .4.440 a41 £4 C444 V 4 .4U4-.4 4, 0 -4 0.V 4 0 r.id4 0)a £4.04) 0C £4 4) M0 . 0 1.40 0 u-'4 0 to. A 0 a 4.'a 4j a)4) 044)w)0 > 4)9 4 4 104 k4)4 4 C A 4)4 VC 0 4j1) O:0 0)v £4> 0t 4C~ 04 0)40 .44 .- 4 44 V V4 4)4 A.44)4k)+ 004)0 )o 3 %4 MIA 4 #A44 0( VP W 0- U 0r 1.09 140.- v CaO -00004)4)4 0' 4>. 04 0'-1 06 1 4 )4 414 r00 4) -Vtr 4) 00 0)' 4) 0 % M4C) >. 44 C 0 140 41 a .44) >00 0' o 0 0) x 4) V V0 4.140u k 4440- g)04 0.4 0 .4. W .0 0 W) 044 0 .40 14) 0 .. 4 14)) z U m4. C k% 004 go 4)4 0 ID4) 04 04) C4 0 0.4) 041 4 ) P N4 0 H .4 .4)-k 4.-4 MO 0.4.4N £40.00 0 4) 4 010.404 4)0 4) > 01£4 C 0._4 C 0 0 0% .4.4 0 V 4) 14 -4)04 04) m£ P 4) 4) >1 r r. 4)0> %4 4)04k 4))4 0 04)4 4 V 0 4) V 04)o z u4)4) 0 - 4 0;r C) 4J 0.0 U 40 "4 00 U44. £4 £4 4)4)00.0 .4 .1 rC4)q 0 .94 0 .0 4)4)0 H -14 0 4) £4 14 0. 4 4) a) 4 ) £044a'4 00'0 E- I4. C C 0.-4 0 0 W.4 I 4 4 Id 404#
Attachment 1, passage 142ISG .o 41 1441 :4, u : 041a 1241 104 41 to41 041 to4 344 q4 41 14 P 42 to 14 0 0 u -A, .,I 0 0 . 4 0 '10 !0 V -4 0 " 1 4 4. 42 .141 41 Fedwal. Register I VoL 58, No 67 / Friday, April 9, 1993 / Notic 0 0 .,I 14 4) 0 0 to 0 M .4 .,4 0 W; 0 4.4 4.4 '-4 O ¢ 4u if 4j, a r44 19 1' 4', 1.. . 'U "u " 0 1m -H ,15 0 0 a a', V 44 0 -04k . 44. > la. + a. a A C . -,1r - 0 R, m.4 rz r.,. O. O M -.4 1,Q"' " -, 4. 0.t~ . r.+ 4l .4 a) v.. w- 14 I ui oa "4 41 1 -I 4 b 0I -,' 3tO r' w -4 or 41 ,-4' 4 4 41 4 o aA41,I 0 0.4I' A- ,. .1+ 41 0 4 0 1' 4 0 )1 0" c . A: -'0 4O1414. 42-.0.4 '. 1 641( 4 0 a' 0 U O 4J, -'00 c a4 0 ~ a a1 14 to 01v0 41 1A. t- 0 -4 42 .U 41 -4 4 4-1 : a) 01m 0 a4t o.- a. .'t 0 0 4j4 ,.4 42 -4 - P t; xr C4 W , 4. t M. >1. .1 01 41 01 0 0 0- 41 : : 41 ) *' 44 014 0-. w 0%4.4 4 ' -2.4 V V10 t' 40%. -A 0 U 9: ul1 14 0 ().4 Id 9 0 c 11 00141 V41 3>400H40 04 0 14201. -. )4 0 W 04 t1 , 0 4 41k 040- 014 r c V fu 1 t4144V V-401 >4140 V V 41 -4 01 M3 14 14 4410 llt :3 m.- v4 to414 1 0 4 a 90 0 g tA go4 k 41 4 0 FA 4j A V0 0 -0 140 04 0 49 4 -0.s. 4 A N C0 a 0 k. A('00 r00' .00 U'41 4. r. 00r. . + . - g01 0 (- 1 0. -,040.1 44 r414- V1 0 . 0 40 a ' _ r 4j. 41a 0 (a0 14' WV' o 1 414J U r142 44 42 - $401l 0 W~ -4 g V' 0' to- U>1 -4 40 ' A4J k 4114 141 O 1.4 42'"0 OrV -or ", 4 . o 41 ' 0 ' :1 fu c , '.%4 X 0.4 0 1, ST 4. 00 . 0V. cm XL >' 4142-4 0' 41, a 4- > .- 4J 141 , -IU + k- a)13P 13-I $4114k, 411 & " A 0r 'a)4jk0' 4140soA 4' U 0 41' V a, -- 414U ' 1.4: 0 •U .,4141 Ole w9: Vsz. 0 1 o, 14.,- a = . o'A a4 0' 4141 Gh j4 H~ "A a. 0 4) t), A. 01.0V a1. A :3 v W V U, to 42' 0A>A Pot 419 4, 04 4 0A 0a41 _+ t. W. r - -H' P 0 EkD N 4), 0 4' A ' .0 010 (1 4' E4. 4142 0 1 V4) P. F:.A '4V tn!4),0 V V4) 44 1; , ~41 0t >4 C4-0 41 41- 41 0 1 r V4 :341' f CP 1 I 0 U' 14 Q C 01 M4 0 31 14 r0 4 0+N -- 4 4j~.' -442- O 01 41 4 to 0 04 040144 ' 4P 10 44 1 V, a.u 141 W. N- a.0 TM -1 14 41W 41 u14~ 0 0o 14 0#
Attachment 1, passage 143.4 04 04 P4 41 014 I0 '4 a Aj4 a a 0 4 04 ra44 4 04 04 044 414 24 4 04 4 41 -0 143 0.6 go 1 to 4 so4 fa 4 43 14 4 IA LW -4w U' -44 4.4. 0 6'4 -44 0 -. 4 4) 40 La 14 LW 64 0. 43 14 0: 0 1 LW 04 0 q x LW mi- '0 4: 6-4 40, 0 4 44 r -43 L4. 080 440 U, 01 A 0 4 0144 O 2 H 0 CA I 04 4 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 1866t I I I I l I I lal I I II IIII I II I I 0 U) 01 6: .-4 -4 LW 0. 0 t 0 44 14 ,0 o C 44 -4k 1.. 6411 $4 G a .. 00 0r. E *0 0% - 0 0 06:) "-4 31.- 6: 00 .4j OW LW V 0 '.A 4A. 0' 1 0 I 01 .0 ,44 43 -4 0 -. 43 En 0 L ot 10 0 0)- 01 0 Ov C -41 0." E-4 -N *6 0 uA 6 W 0 j -. .4j U) z C-4 0 6-4) 41 w- 0 44 0 0 00 9 090 0' A: 0 006 z -144 00 0 0 10 r 0 Il 00 01010w 0o 0 0.r 03 L) r -4 0 0 0. -4 .0 0 U) 0. C >1 n 0 > 0 0 0 0 0 4. :3 044 v3 0. 04 do0 0 MO CO ' 140 0 r.V O LW "N v0 A 4- L 0. 4-4 6:' -.4 -4 L) 000o 4.4 ',l42 LW' 0 0 b, 0 r 0 (A u 90 .44 ., : c o 43 00U: t. 00 9 r-. 0 . -14) 0 0 0 -. 4 406: 0. 06 t 0 06:4 MO1 -44 0 0 IU x r .4 ta >1 P3. OU) 00430 NC L 4 N •m II60 W-4 u#
Attachment 1, passage 14418662 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices E-Mail and the The database of the Filer The service provides the following The SEC has contracted with Compuserve, an on-line information Users of the E-Mail and bulletin board service are bulletin board are accessed either through EDGARLink's Main Menu or directly to Compuserve using other asynchronous communications regarding the acceptance or suspension of their filings. An EDGAR bulletin board is used to post announcements from copies returned by U.S. Mail will reflect currently regulatec. When return copies of filings are requested, they can be Lee page prices of the SEc's copying contractor, Disclosure, pile oatecte vende teeto electron theres to the SEC Given the SEC's plans to make extensive use of this service, filers are advised to check their mailboxes regularly. (See With E-Mail, filers can receive timely information ID has been provided to the SEC, then the U.S. Mail is Subscribers may access an EDGAR Company Database. service, to further automate the filing process. the SEC and to provide the latest version used to return requested copies of filings. database is searchable for company information. provides information on SEC corporate registrants. I included in an information pa tet that Son userve sends to each 3-10 phased in registrant or third party filer who receives EDGAR access codes. Further information on becoming an E-Mail returned at filer expense via E-Mail. long-distance direct dial-up connection. 3.6.1 HOW EDGAR USES VENDOR'S E-MAIL (See 3.6.12) Section 3.6.14.) software. Manual. * NOTE: April 1993 *. * be supplied Restricted monies are That CIK number must Phased-in registrants must pay fees via the cashier's check to the SEC account 910-8739 Send money order, certified check, or Cranate your bank about specifics of wire Send fee to the SEC Account 910-8739 When filing fees are required for a specific form type, they must be paid in accordance with the provisions of the Lockbox Rule (Rule 3a of the Commission's Ruleg of Practice) as etfective Each filer is given an account number (CIK) to provide for deposited with the Mellon Bank should be designated as either "R". Expected fee payment methods for electronic filings are listed reserved for specific designated filings, 1.e., registration TABLE OF FEE PAYMENT METHODS Pittsburgh, PA 15251 with the payment to permit proper assignment of funds. at the Mellon Bank, ABA number 043000261 3-9 Procedure Mellon Bank Box 360055M for restricted, or "N" for nonrestricted. lockbox, either by check or wire transter. electronic transfer of funds. 3.5 PBB PAYMENT METHODS in the table below. 000000000000. April 26, 1993. statements. option Delivery to Fedwire (Wire Lockbox Transfer) to Lockbox April 1993#
Attachment 1, passage 145Federal Register / Vol. 67 / Friday, April 9, 1993 / Notices 18663 Bection 5-E) or other connunications Result: You will be greeted by Compuserve's EDGAR Banner 3.6 EDGAR BLECTRONIC MAIL AND BULLETIN BOARD SERVICE Continued Por information on the following, please refer to the 44000000000000000000000000000000000000000000000090000 * Detailed instructions on how to get on line; *. Local telephone numbers to access E-Mail; and * Settings for communications hardware and software. Access and login to Conpuserve (either through the 3-12 Electronic Data Gathering, Analysis, and Retrieval subscription material supplied by Compuserve: * Sign-up, User ID number, and password; Transmit an Electronic Piling to the SEC 3:6.7 HOW TO ACCESS EDGAR COMPUSERVE OPTIONS Example of Compuserve's EDGAR banner 3.6.6 HOW TO GET STARTED USING E-MAIL and Menu. Access EDGAR Bulletin Board Send CIK and User ID to SEC 5 Access EDGAR Company Database Retrieve EDGAR E-Mail EpGARLink Main Menu' (sęe software (see Chapter 6). and menu: Enter choice number: 2 Welcome to EDGAR N April 1993 The hours of operatiop To establish an B-Mail account, subscriber, and in using B-Mail and bulletin board 3.6 EDGAR BLECTRONIC MAIL AND BULLETIN BOARD SERVICE Continued «ooooo000000000000002000000000000000000000000000000000000000 subscriber is available by calling 1-800-848-8199, selecting the EDGAR representative. EDGAR filers who are already Compuserve subscribers must complere a new Compuserve application to allow Compuserve services subscribed to will continue to be available follow the instructions provided in Compuserve's information Compuserve has announced a new 800 number to provide EDGAR are Monday through Friday 8 a.m. to midnight; weekends noon to 20 Each EDGAR subscriber to the E-Mail and bulletin board serviçe p.m.; and holiday hours vary. (All times shown are Eastern access to the EDGAR B-Mail and bulletin board. The number is 1-800-336-3330- is assigned a mailbox address referred to as a User ID. EDGAR system sends acceptance and suspension messages to the mailboxes of the EDGAR contacts for the login CIK, filer CIKs, «NOTIFY> tag is used, B-Mail from the EDGAR system will be sent only to those filing entities that have registered their Compuserve User IDa with the SEC either by the Form ID or by 3.6.3 CHARGES ASSOCIATED NITE B-MAIL AND BULLETIN BOARD SERVICES • Those who subscribe to the services provided by Compuserve Care are cale or tie a 200 bal -00 a mo one Bich 3-11 and to each User ID that follows the <NOTIFY> tag. using the Send Veer ID option on the Compuserve menu. «NOTIFY> tag, mail may be addressed to other CompuServe 3.6.3 NEW COMPUSERVE BELP LINE ESTABLISHED 3.6.4 MAIL IS ADDRESSED TO MAILBOX (USER ID) option to become a NSW Compuserve along with the EDGAR services. clients with assistance minute at 9600 bps. services. mailboxes.) April 1993#
Attachment 1, passage 14618664 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices I I I I .P 0 4 4:€ 1 41 41 4) -4 4)1 1" 0 0 r 0 0 ON"'4 V" r w, .. 40O0 a o'4. 04 0~ H U4 .- 0 U4) 0 44a >4) 4) w.. 0 d) 0 4:: a)0 94) i to 1 .. P me 2 v1 0 U a) 4 4 -4 . 4.3 0 0 0 0 A4 X: 0 1.1 to 0 1 .4 '4u 41)4 4. S10 I LO I>1 .4 tou 1 ' k 04 0 14 ,*4 4) 43 A A 43 0 0' r: 01 403 40 01 0 0.4 a)0 41 0 CH0 H 0z go -4 41 w .044 .1. 147 4 Z 4)) 0t) *q 0 H 4)f . o .4. 04)) 0.- 4)4): 4 0,4 0.0 b%9#
Attachment 1, passage 147Federal Register / Vol. 58, No. 67 | Friday, April 9, 1993 / Notices 18665 Continued 3.6 EDGAR ELECTRONIC MAIL AND BULLETIN BOARD SERVICE Continued 0440020046400044000000000400900904900064090000000000000 To access the bulletin board, logon to your EDGAR Compuserve ACTION/RESULT Result: When you select any of the options on the bulletin board, the following STANDARD menu appears: (3) to ACCESS EDGAR BULLETIN BOARD Libraries Available: 2 AnnOuncemener Manual 3 SEC Newsletter 4 Filing Issues Enter choice number: (number representing your choice) BROWSE thru files DIRECTORY of files DOWNLOAD a file Result: The following menu appears: LIBRARIES N/A PROCEDURE TO ACCESS THE BULLETIN BOARD account and follow the procedure below: in An explanation of the options follows: At the Compuserve EDGAR menu: Enter: Enter: STEP April 1993 • If you wish to download messages, DOS file To retrieve EDGAR E-Mail, users who have Compuserve Information Manager (CIM) software should follow the procedure ACTION/RESULT Result: Notice of acceptance or suspension appears on the proceed to Step 4; otherwise, follow on-line a name to be given to the file to be downloaded. Result: A download window appears followed by a prompt for (For very brief messages, you may not see the 1 Enter: (2), RETRIEVE EDGAR E-MAIL, press (Enter) Select: (Desired message to read), press [Enter) (name given to file to be downloaded) Result: Message is saved to your PC as a DOS file Result: The E-Mail Pull Down Menu appears Result: A listing of messages appears instructions to continue. [P2] to save message as a Example: C: \10Kaccep.SEC 3.6.10 BOR TO ACCESS AND DOWNLOAD PROM THE BULLETIN BOARD The latest version of this manual and other material are maintained on the EDGAR Bulletin Board and may be downloaded to a 3-15 Select: GET MAIL, press (Enter] download window.) the screen. 3.6.9 HOR TO RETRIEVE EDGAR E-MAII (Enter) .t the CompuServe EDGAR Menu Type: Press: below: STEP April 1993#
Attachment 1, passage 14818666 44 S 0 41 0 4J 0 08 > 4 4) u8 0 054 020 -4 08 Federal Register I Vol. 58, No. 67 1- Friday. April 9. 1993 / Notices 4 4 1 60 0 44 4 $0 0 V 4 00 a.84 4 4 . %4 4"I 48 4p 484 w4-4 0 0 0-4 -A4 0 1 048 4 4184 04 0 0 48 1 4 > 8 4 f648 484 Q 3 >A 04 %44 V 0 1 I - 0 1%8- a 01 0> 84 ,41 040. m14 0 41- $4 00 Eo 0 0 4P 0 0 )41 41 C4 0 C.4 48 484 114 40 C 4 4 00 I U .4 4148 H 8 00 u4JG 2 0 H8 H 84 44 M8 48 .4 84 44 0. a 0 4 41 -4 48 48 .4.4 01 0 0"-4 I to0 V1.48 $0 -4 480 0 0 -4 -4 > 0 0 o4 41 to .14 t 4 0.48 to 0.0 >, o8- 00 94 0 .I8 0. 0 0 48 > 48 a 08 0 > 0 0 84 'I 4 to 48' 4; .4 0 - 4- 0'8. 4 ,4 .4 ~4j -4 .4 01.,t .44 480Lo 0 0 0 .44 .4 0848 at8.40 480 48 400 4 0 48 04'0 V48 - 4 0 4 0C0 48 48 0 41 -. 0 -4 00 4 .0 .0. E48 84 1 041 %4 -4 C8 uLno c trS 4 .4 08144LO V48A to 41 a 41 u- u~ 0 N4 N 0 44 (d N E 3C. a 01 > 0 48> 84 -441 .4 4 14 :1480 00. 14 0. 48 '4 -34-8 400 2-4 '0 ,440 48 0480 0o4 48 44) 0 41 %4 8 4 -- 4.4 J -4. S -4 (A a- 0 4 AA C 4 480C48f40 4 40 'f 4 48 -0 0% V840Q8- :1 -.- 4 A0 444A o 4 -- 4 i484448 M % .4 84.44 W %04 41 0 .4 048 .0- 04 5-j.'0 A,8-.4 A4m . w r f*~ 48 r. 4 V 0.AM ! 06 0 A 48 voCA. - P:S 41404 S044 X-48 0 fu-4 0 4 0.0.W C-444>844#
Attachment 1, passage 149Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18667 1******* Continued choice, system provides one of Searchable Database 3.6 AGAR ELECTRONIC MAIL AND BULLETIN BOARD BERVICE Continued ************************************** ACTION/RESULT Enter: (5); ACCESS EDGAR COMPANY DATABASE, press [Enter) Result: Welcome to the EDGAR Company Database File appears. An overview of the EDGAR Company Database. *Access the EDGAR Company Searchable Database: A search menu appears to allow you to define your Return the system to the previous Welcome screen. Welcome to the EDGAR Company Database File *How to Search the Company Database: A description of each searchable item. search. (See paragraph 3.6.11.) 3-20 | PROCEDURE IO ACCESS AND SEARCH EDGAR COMPANY DATABASE Enter: (number representing your choice) Result: Sere ones database search 2 How to Search the Company Database Result: Depending upon your the following: *Introduction: At the Compuserve EDGAR menu: 3 Access the EDGAR Company *Exit: 1 Introduction Enter Choice ! STEP 4 Exit April 1993 The filer will be system will prompt you to answer three questions: once the prompts have been answered, a form is sent to the SEC that initiates the process to begin sending acceptance and suspension messages notified that the SEC database has been updated state of incorporation, and CIK on all of the [4] to SEND CIK AND USER ID TO THE SEC compuserve E-Mail address: xxxxx, Xxxx." (Company Name, CIR, and User Id) back to the filer by E-Mail. The EDGAR company database contains information such as Io use the database follow the procedure on the next page. 3-19 3.6.11 HOR TO SEND CIR AND USER ID TO THE SEC 3.6.12 HOR IO ACCESS EDGAR COMPANY DATABASE At the Compuserve EDGAR menu: cospantes that tile with the soc. added to the SEC database. follow the procedure below: Enter: Result: April 1993#
Attachment 1, passage 15018668 0 S0 Szi V. Federal Register / Vol. 58, No. 67 1 Friday, April 9, 1993 / Notices V4 u r. ZO 4 .U 04 0 0 -. d 0 0 0 A A 43 14 00 0 AG 4) A-.4 C4 0A A0' 44 A A Do 'a 10) '0 " A0 41 04 S A C 1.4 a~f 0) 0 00 C v A Q. 0>,J 0 04 V) C A .fi 4 ".44-4 A~~14 . 4j 40 -r) U)to00a 01 1 0 flG 0- ~ ~ aaa1a O0'4 0 r0 * 0 C; C 1 ~ 4 %4 A 0 - -44-4 4 - 4 J v I) C ~ ~ ~ ia a i a 0000 o 'd-t 4)1 0~ ~ ~ k) a-23 2 0 .4 go v vv V V V- v v x 0 M0 0 t ~~0 0. r * 4 Vn 1 14 13 H 1 *4 .44 0 0 a1 C Im 0 a t 4j is . Wn. 0 0u 41 0 a, In 0. 0 U 0 4O ' a U 0 -fi In 14 $4 0)0- too 0141 0 4 41 N H 4 0~ 0 1 OC 1, t *v, 0 u ., H 0,A 0 " j t4 4 U UjA. 0 I U)nwe"-in (I ftb m - 400 I. r- CO C 0 0. to ,,-4 4 0 A4. 14 U 14. 14 u 4) 0 ,jv) %4 0 14 H -4) 0 V 0. V a0 0) 0 0 0.) 0. 0 0 .4 LO1 aow~ Al#
Attachment 1, passage 151v:• 414 1O I:1 . .14 04 r4 m-, 04 104 H 4 Federal Register / Vol. 58, No. 67 k Friday, April 9, 1993 / Notices 0 h. I ".4 r . to 4 : r W 0 '1 0.,- 0 1 ." 0 . , 00 0 w I- r U 44JJ 1 '1 0 W 0 .V 1 a, 0.0 4.1 10 '1 C E4 44> o1 0 1010 1 40 0 01)1 4 .H 4- >1 29 I 44- 10 C I IC ) P. k OO I 10 0.4.44 ffi w '4- fa "41 X I :X 4 21.1 I 10 Z 44 HrII) -------- $4 0 ° U 0 1 1 0 0 " 0 w0V 110 4r 10 " o .0 140 w 44 r 04 0'- -410 14 1 10 4 . 0 .'10 4 z~0 1 >44 , 4-1 0 u P 0 E0.1 F0 U44 "4 0 4 C 0 .0 H 0 )t 0 18669 0 4 0 0n m 0: 00C w 0 u -lO 4)r *4 4J 4o-0 00 0 0 0 10 4. 410 0144 to 0 "a'4. 10 H w0 H 10 0 00 0 0 z -P H En "4 '0 CIO 0 0 1 010 0 4 .,. 1-H 4 - H 10 1 N' H4 H 0 0 0 0 m >1 In 0 9- x >11 r I 10 V 10 0 04 0 z 0. -H H 10 44 0 10, 44 0- 1 10 0 0 0 10 ..a H 4.O t 0 H N0 4 W -* m 0 va OQ O 1 m 0 m It I . . n .. w- . . 44 ~ 0- H I w ID m w C4' 04-#
Attachment 1, passage 15218670 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices April 1993 Phane: 10-00 Ma C-05 Chase be de leato, a hyphen, then SEARCEABLE ITEMS IN THE EDGAR COMPANY DATABASE Continued Reporting Yile Number • Up to 12-character designation. characters; and, if used, a suffix of up to two characters. Prefix up to three characters; base number up to five State of Incorporation • 2-character State abbreviation. City • Search software matches on any city beginning with of State/Country Code • 2-character State or Country code. than 100 menaged in at pe mod or hand ellate more Each ID should be a byocated with spectec cpuserve user IDs. 3-25 Date Last Opdated - Date range: Pt00: 19/DD/W. 21p - Code of up to 10 characters. 3.6.14 MAINTAINING YOUR COMPUSERVE MAILBOX letter D. equal to the city entered. Format xxx-xxxxx-xx. two numbers). April 1993#
Attachment 1, passage 153Federal Register / Vol. 58, No. 67 / Friday. Anril 9. 193 / Nontice 1RA7I IIAT 0 0 a 0 -4 Z -o 0 141 0 M. 64 0 *04 14 -0 -44 to.- H0 604 . 6; 04 6,0D. a* u w 0) 614 O > E4 0 4 04 0 .0 C a4 .080460 O 0 0 0, 0) 0 fa 14 .- I z 0)J (a. 4 .4 6 ) 04 00. 0 to 0 .00 14U 0 ,-46 80.-4I 604 00 0 k80 r4 0 0. 01 0 0 0j 0 .€4 to- -4 ) 44.A0 ,-4 6 V. w 4 0 0 '4 0 . w O U,-4 Cn .M VWU 0 0. -I •,.0 t,,, > 6-dO 0. 04 3 -- to S-m 0. H .0-4.6- 00v -,4 0 4-4 0.-I .- >04 0 .0 41 w 60 0 i4n. to46 6 0 0 0 0 r 0 $4 4 41 6) 03-4 a tr 4p a,-tp 4 .- FA -4 u 'r0 u . 04 0 0 to o :.4 m. Eh) -840 W0> 8,8 P 0 C 114.C 4 0 4j6A 6666~ 66 0--A- -. 4 0. 0.HCC60OH U66 06 0 6'60 H W84 Om.0 0.8' 6 80 00 H c N a..00 0. 0 w U4' k.J4 H04 0~~~ r 484 W . 0 0. 0 41 0 C . 4) - A4t 0 fA 000 Ha w 4$ U)J V4 6 ) -A '4 C 0 Q CAE 0 06840 4j (ato a z4 z'. 04' 4' k a84 4 0 t-30 ) SW0 A 0 W A A 4464 H H 844 aS8 4000 C -- 0w X z 4': 0 k00U 0 4'6--4-4-4 0 E0 w 06.: V k 4 - H~ 93 1-.). 0 6 4U 00) 8. W 6U60'M I U) 34 00.8UU0.34(a 3t Q 0 0)r an 6 0 J066VAto.'to 0 H z - 0 . 0 41 41 :3-V r. ) um A0 0) In64' 0.to 0 :1 a 0 ~ 4 3> 60 .4 64' OH 0)..z U) ., -~'0 4 - k 4 to 680 :4 ' 0 0 44 w ~ 0 CIni w 0 4H 04'o 4' 0 E..n0 0 ).1 .0. 0.8.4.0 .6 6 .0C 0E 04 a) 0 a 0 V 84 .4 6U go- IH Z0 6 , 'A0 W ''0 0 - AC g I C Hn -4 W W A 05 41 0 .4846t) H H )0 Mw00 4A £41 0U 06 06 6 1 081W. 0 41 6- ,C90$ 046to 40 M O U0 W P.00V.W E4 0 00 6 0d 0 44 0 8 4 4) A 4 j0 0 010 ,"4 0 6 0 -, 00 go4 U4 t 0 E-.' I .4 -0 .0, >-4 0 0 .4 0 u) 0j F 0.0 44 0 -4 k 4 U 0484 'A A 0 0 U .04.40 A * 4-,4 8-4 %- 4 6 .a 6.04 041 4' m 0 0 0Uw 14 60 1 k' V061 13 0 to0 0 >, 6 >S 0 0 6 C g ) 'U 0.4 4 0k -. 4 t W' 0.- 66 4.4 m846 6#
Attachment 1, passage 15418672 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices When The form types and their each variant is Form types may have several variants The tags that must follow 'Electronic Submission" is the conveyance of a document or series of documents in electronic A "form type" is a distinct type of document that is required to be filed pursuant to the federal securities laws, e.g.. Form 10-X (e.g., an initial filing and an amendment) . recognized by a specific name, referred to as In the lists beginning with applicable submission types are identified Some "tags" (defined below) must appear Section 4B, the lead tags are shown first are shown with the same number plus an grouped tags are used, all of the possible alpha designation; e.g., 4, 4a, etc. grouped tags may not apply to a filer's end tags. See "Tag" on the next page. "Header" refers to the basic information submission and document submitted through Submission headers provide identifying information about the filing; for required to precede each electronic example, the form type of the principal For the EDGAR system, 4-A -4 format to the SEC. a submission type. in Appendix A. 0I S-1. together. in groupings. 1.2.TAB48O0 SED IN THIS CHAPTER Costlaued MEANING be used. EDGAR. TERM .... Blectronic Submission Form Type Grouped Tags Header April 1993 Accession numbers are reported to submitters A unique number generated by the EDGAR system for each electronic submission. with acceptance and suspension messages. The accession number consists of three elements: the submitter's CIR (up to 10 sending transmissions using BDGARLinK.) a registration statement, a Form 10-Q, a This abbreviation stands lot the Extended ACT, It is a binary code used by a computer ina Burts lags lectronican or entity se tea of documents dimited in electronic Some terms have special meaning when used in electronic tiling cover letter, or an exhibit. represent characters. to represent characters. 4-A-3. MEANING procedures: Accession Number Blectronic Filer Electronic Piling TERM ASCII Document EBODIC April 1993#
Attachment 1, passage 155Federal Register / Vol. 58. No. 67 / Friday. Anril 9. 1.QQ9 / mnfrgwe tRR I Cinf12 -H 0 0 0 X40 w 0 0is 0 14 . Q. ' C 4 4 , Xs 0' + 0. O 1i M4t.C is 0 0 ,"-4 A c .0 w s0 *.V4Ai0G H1 i 0 Ascs0s 0 i 9 4 0; is ,' 0.4 0. C: psi 4-) 0-' , 0_1WI.J) 4 4-) A 4 0J • 4 A -) . O 4J 014- -W0to0P4 440 1 40X le-fa -4 is p 0 m 0 4 44 0 M s. c m 0 Idi s00 04J -4 is >,W V 0r-0 '4 0. isQ 4. is E-. 0 4 is to v - 04J>, 0s(aH4)' 13 > -.4 -4 (D 14 A '- ( H sso0 > -14 4V V. (A 4-) 3 -H k r is -4 01 2irsis 1r 0' 044 A 4id 0 1 4) 04 -4 Cs 0 -H a)0i z 4-4 to. is is w 0 EP 0'iw 0 0 is is -4 .- 0 i -4 s ti 4-; m- -4 E-.Ato 9 :3 Ai 0 0 4j 1 0.0 -4 z v fo 41 .4. .4 44U 0 4.) is 0 4 .,1 ~v .0 In 044) 0 -4 i i M 0 i0.4 msis) 4 5 0 14 .0 41 is 4.) 4-4 43 .0 .H rw41 0 isd 0 W-44 is 44 0) _ is - - '0~ >H. -H gdis = J 144 -. 0 V 00 i s.-4 '-1i is is ". 0 i i > 0 -H -0 .0 4W is >0 rI -H .4 is4H Or 0 O 0 is [ 0 i 0-HO rd0 r30.0W 0 .44 4r IW~ issio W w A 0 4 i Om '0 0dW M 0 ,H .) --4 *- .4s i is.- L0 .)-4 . -Hs w M -4'0 14 U.0 k w 4j 0) :3 0 0 is;Li20 P4 00-- '0 1 J -H *4 , M -00 w F 00- a "4 -40 V ' - 04.4 '-H mW 4J is v0 0 ( 4 H is L)w I W ,.- r,4J 93 0 .1 wn E4) 04 0 k 40i4 0 isO *J (4 r -. 4 4.4 0d Ol 0 9 4.) m -H W.OH s01 m' -A 0 00 11 4ji i Li 'A- 0 is 4.4 0 0 0 4i 0 >1 W 4 ;0 -HI~ V~ , Li) 0 -. -4 4 is MU, is is is- 9i 44 ) 00 -H " 0 0.0 '44-O .- >. lJ 4 -- H M I I 4 0 W 14. 4 0 ,i 0 r Aj E4 , 44i ~s4 0 w0 .P4H 01 -, wW144 is o4I is '000 I ,,0 l -),A m a1,- isi a) s 0.0 .0 is 0.H 4j . 4) 00 q -4i " 10 0 -H 0 .00 Ai-.4 is is -H )i Liis is - isis cd0i 0, 0.0 "I 044100r 0:1 Li 0 -40M 44 -4 r. 44. 0) 44 -• -,4 L 4I) -H i 101 '0 0 0 0) 0 -. -9 i 'is -H tn a)i Liisi#
Attachment 1, passage 15618674 Federal Register / Vol. 58. No. 67 / Friday, April 9. 1993 / Notices i i II I i g I CO 03 000 0-4 a m> 0 0 0 0 4. 14.4 0. 41 0 1 . 0 6140.1- P3 41 >0-C 0. to FA0 0%4 U 1 0 4 4) AO014 15 00040 to 0 > 14 60 'aH a4 040 w t 0-40 &;4 0 6 U 0) 04 4 004J1 14 " 0- a 004 , C3 00V 1.. 0014zX 14 0400 000. C4 -0 )2 0624 0 4 2 ;I 14 1404- 0 U0.30U 13 4 0.6 6 0 0IC t5 0 V0 14 14 4) 040 0 14 6-4 0 r. 0 0 410 0 4C 2 '014 0 013 V0 v04.4> * ~0-14 0 0 D. o A 4) 14 -- 144-41 0 0-1 140 0 10. P.2 0 M010 to *2414 04 014 VH>% .4W 0 C 0 n 004 04 0A 44 H 4 2 w0v0.1>4 4X -42A0 0 00% C ) r U) H 1001 C4 r4 0 .4 C t 0>00 4)004.C610 re 0 4)0' 04 V r4 a44) 'm 44. AO-01U 40 -. I u 0 4 . 00> 40 4j a4t 0 44 .40 W %C-.0 4 ? 04 %4'>. 0 01 0 to. 00 tP000- 424 ik r U CC ' 40 ea04 -A-40 C-. 14 0 0 -. 4 M. U)0r-H 4) -44 00 0 0 A. 0 th0 -A1 " 600 " 14 V64 -0.14 0 00 0 -4 0> rC -40 -4 H U 24 i 4 H C, 0 01 01 42.0 C C 40.- 0o -.4 0) 4 9 4) 0) 4) t -00 0 0 to4 t C 04 -. 4C0 r-a 0D 42 Cj 042 0W 0 00 w4. 0 A l 0 0 S. 1 0 0' -4 w w 1C -4 a U X. 0 P04 -4 tPX 4 r ) 0 -'4 A r O~ C :159z -.4 014W -.4 1.4 1 42 0. 14 0 >4 0. I 0000 0 .0 - C0 " 0 0k . 0 -460 04 '-0004 V 0 >442 -. . 4 m4 .- I 4j 0.10 r.-4 V 0 OC 00 U >-.A0 4 2 -. 4 0 H (*, 0%1442 0 :3 1z t 04214 0. C %44224 4 0 -- 60 0 0 C 0 14 4) W . 14-0 04) 00Q1) o4 to 4)0OC00 :3 0 to U -H r 0 42 O C tP-4 i %4 04 : 0 Q 4 -4066- 044) 0 2 4 >. W .>. am C4 00 420 - 00 40 00140:0 40 u4J W4 .00 ~0041 0 > 00 w-4 C 0 0CH m 90COC 0C 00 42Q 0.0 w 0 00 0'14a)0 ( U00.0 0 -4 0 a0 m 4.-4 V -A 4) $4 X W 0 14 >..14 -W 6 0014w0 0 -4 4-4 C 00 4 :14 -4 0 .00 G) 0 . t314 0 0 0 >1 )0r.14 ~C010 C0.01 )0-4 0 w 0540 C 060 4J0 .4 -. 01M rO " 40:2 0-4:20 so.4 0 0d 0-4 0~ 2 .4> > 42004)~A4CA 4 r V 4)-Cv 4nIA4 0 E. 0 O 0 0 0 0 1 4). 1 4 V0 z3I4 00 I 0 .5. -4 .1- to0 U) 01 00 4 41 0 , 0 I - .0 4 A 40 4 114 to 4)1 #O 010 0 0 14 10 C C .0 a 0 14 C-4 040 -4H Q40 o 414 0 0 0 4 C 0 -4 040 41 C -4 24 U% -0 OCOG . 4 4) C 0 r4 0 0 k90 ()14 -4154 '0 4 -4 014614 4 .4j U)0 0 0. '0> *00 0 0,- 04 0i 14 0 60 0 -. I9l 404j R o 0 0.0 to 0 '0 44 4v 0 0 42 43 so 004P 24 0-fC r 2: 44 0 041 14 14z 0 2:0 U40W 11 004 U .0 r: 0 0 A-1 UQ F4-4 41 4 v 4i 42 4 C 0 042 C 4 14 u W SC a) 0 w0 02-4 004 >-4 4 0j 4W 0 k 0 V. .0 -4 to40014 24 0 t 0 0.00 8 >.-4V)42 4aw -4 ' 0 to4 00 -4:Jmm4 ,4) 04Z20 id -0 A 0 -4 , r.0 .0 0 % 4 . 42 .CA 0 U142- 0. 0 0. 6 W C t 0 0.#
Attachment 1, passage 15704 04 44 4 94 4 a.1 04 64 4 0. 0. 0. 0 0 0 54 04 0 4 0 0 04 00 0 0 0 0 -4 , 4 Federal Register / Vol. 58, No. 67 / Friday. ADril 9. 1993 / NnticeAs 4 o o 0-4 0. o 0 4. 0 4j M4 0 0 0 0 t0 0 V A . (I. *-. r 0C C 0 4) 0- ) 4' 0 :3 0) ,1 v 0 0 .054 54 0 0 V 0 - 0) .4 0 4j , 0-4 U. 0 4 0 4' .0j4 04 k' 4 44.' 01 41 54 54 0 a H 1, 0 0 54 N 0 u - 00 0' 0 0, w. m 0054 0 m0 0000 0 0 4j r- t C-- 0 14 -M. .0 r 00 00 0 -14 440 to 40 0"-4 M .4 4' 0 ), U 0454 - C 64 V Op 0U ' 41 - - I I + 0 1RR ; I S1V7M 0 54 H 4' U H4 0 to04 0 0 10 04 00%1 4 0j-4a CD. 0 t VA 00-4 4 -4 r 0 OH 0 54 -4 19 u 0 a 0 0 01 4j .9 .0 440 -4 %4 to 00C -4 0 4 0 9:2 4 00 0 0 0 -000. OA 0.4 .0 C C4%4 54514 90 02 6 04' 0 g 014 0 4'0 004'0 5 10 009,. 0 -0 x0 14) 140 54 -0 14 04 04 r .1 4)4 , .4 .01 HOOW o >,o .0 0 0D4' r~ " -. 4 ' C0 -4 0 0 0 0 00 .4) u ) 4 000 0 054 $ 4 In t4)3 0. O. 4) u" w 0 w' 0 V0 .4' 0 "q 0 A W a 0 IC0'I a 0 4) .j 00 ic 4 '. .4 " 0 10 N0. 00 *1 N 0 Vo V-N 0%toa 044 4)0 10Z 0 14 ">' 0 0 0 54.0 054-4 '0 .,0 0 Z , 0 540 0d 40: .- 4i.- 0 41 1-4 0 4) 0 e'D 10 4) 0 0 0 00 k4) r4 'a (a d)44 50 4 0 54 0 0-90 a0 040 4J 0- " 0 0 0 00 0 0 ,.ir 0 * o4 0M4.'a 0 w0 >. 0%. $40 14)4 .C .- 0 0 .. ' 0 14 0- -0 to w4 4. 'A'4' 14 500' 0 0 0 41.1 4'- IA0 -00 r 0 54 0 O 0. 410vq 4' V 0C 04 0, 41 a 4j X 0 0 40 -N $4 04i 54 0 C0 0:2C 4 04 454 4 ,p 00 4)0 0)4 a00. 00 0 k 4' .04.0 " 90 04V4 04' 41-04 54 t )0-0 W 0'.4: 50 441 r 4J000.40 0 0 U4) 05 54 -4 04J 4 0 UV 0#
Attachment 1, passage 15818676 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices I II I n Nil to 43 0)' 0.0'g 41 0 0 40 400 .- 4 w 0 1 400ato 440 w4 - g0 0 0 000 4 r04 40 a1 4 0. 0-4 r 4A0- '- .0 to 00 .4.4 0 &p0 C o- 0 4 C -40 -,4r0 k0, 4 0 00 4 - -44144a 00 4_ 44 .04 4)0 404V101r4 0- * V 0 0 so -44)4 4 04 0 -4 0 414 .0)4 0 40 0 0 C * " 0%4 0 0 4' :3 4jJU 0M 0 004 A Z C 0..0 A 4 VO4-4 41 0 0 to- 4 0. U 08 ' 4 u .0 0 r4 41 A . 4 A 4 A -4M 0 A o a.4 4 94 0 A 4 4- _.1 -- 'a , 0(a0.04 31 0 Vb 0-4 U)0 0 V0 rk4 H C 0 '4 V V w 45'O C 0 '- 0 1 0 0. - 0 .. :31 0C1 ?A 4D 0 4. A*A M X 4 0 A 0 4%10 C .44J31 10.0 a0 1 t'-4 . pM 40 4 0 OO 1 '00 0 104 0 IA OR W A $ u 118 AN ..00C 840 :3 4 0 00 0 08 A40 41404C.0 Or .444 4) 0r 010 M 0 0 m o 0 0 %4 14 940 14 0.4 4) E0 41 a *1%4 V 0. 0.4 C 00 0 0. 004 140 0o u A S10 '001414 0' 0 04m 4 r-'a S0 0 O' 0 - 14 4 84 0 0 40 4J 14 C 0%4 2 z1 r' m 0 4 . -40 O 4'0 480140 0 '0 . m 1 00 4 -4 D 0 0 0> 0 14 5 0- 1.4 0 14 . 0 14 4.- A .4 0. 44 A.4 0.4 .0444 do $4 .. 94 0.4 -4 -4 0 4) 1. 0 to o v .) .o A 0. V -0 00 > 440 r4 0 . -1 • ~ ," 14C 4 40 41 >0 40 4 -4 0 C4.4 -.. 40-44 0 r w C a)4r U.0 4->, 40% Is u .3 0 .0 41 0 1 0 A 0 4 4 0 4j N .0.4 ii Z: p 4 -0 0 414e '- 04 [-4 4 0 .44 41 [-I 1-4 Q 4 49 l , tm 0 14 0 -04J -4 4 0 40 4 44. 0 0 0 - .4 P444. a :1 0 .14 0 0 4) 1 4 '44 V4 4 0 go -4 0 0A V 4'4 V a3 0410C 0)A -0 a a0 0480081 a4 -0 '0 I"0020 >1434 '4040 4 0 10 41 I 4 4 0 4)04 0 0 V .0 0 A. V 0 ,-4 AJ 4A 4 8 4 .. 4 0 144a1 p.21 40 C -a4a '050-40 '0 44C00 4j1a 0 0.450 '40C 0 3. >,0 0.4 -;A4 C U 0 0'4 0410 0 0 0 .. - .4.i0 40 41 0 1 1.40 4 0430-0 41 0 4 -4 048a £14 0 9 41 -. 41 40 14 -,040 14. 04:1 -04 1 4041 P 4 J 4 ' ,a 0 00 1v .4.4 04010 C-4 414404 tp0 0 0 414.4; 0 .0 a10 10, 1 0 41 0 4 4D $ 4 4 1 0 x a1 0 V4q 0 404 0 C0. A -0 4. 000P. .4: '40 -40-0 05 4 £410 DA '04a 48:t3 A4 %440 Q 48 >.1 1 V0 .002 rCcle :44 0 430 '> .0 .0A -40 10 4 to 0 .0 . 0 40 W.4 0 0t. 04.4- -'-14 .03448-4 4 94 '0 &2%4 4004-to 04 40I '0 V r 040 4 1 .4 04 0 oe 40 u 840 0D 4 M 14 '4.0 4.00 0-. 44 4'V 34 v%4 a0. 0 64 v 14> 541 0 r IA A. J4 0 00 4% 0480 ' 04 4 1410 C41 0.4 04034 044 0 034-04 040 41 A0#
Attachment 1, passage 159Federal Register I VoL 58, No. 67 1 Friday, Aprl 9. 1903 / Notices 18677 LA C2 4) I co 0 ISV 4)011 0J H0 3 409 4) -4)4 "0 .4 4>0 S4 "4 s+. >4k 00 4 0*.4 4 r4 4) 0 4) 4 I 3404 4 314 r 4) 4) 4)w M4 04 0 .4 >. w.I04) 0H4 :14 0 x . 04 04 A0 10.4 42. 0 4 i4)440 .4 4)A0 S a f r 04k I nLI 4)-44 Aj t# 1 04- -44 Id Vj -.4 0 0 . 44 4) *4) 0 41 0 0 -4 -49 .9 .4 0,4 0 in Vr 4 ) M . 4 40 1 0.4 0. 4)4: 4 4 -4 91w4 A4.1 04) f U 93 %4 W 4)n )1 ' 4 0 AJ- 0 >. 14) 0 014a 94) 4 m)3A 014 0 04 p.4 w)4 0. k &I .- -*- 04 LI.- m)- -4 10 Id LI, a w.- 0 4 0 to Ix)0 LI 4 0 W-4 W o I-4 14) O : 4) 1*0 4), 41 " 40 4) 00 00 0AV 0 0 04 0,4 4)-4 0.0 V0 0 -4 0 4 00 0.1 4) I.04 0 A"z 0I LI -4.4 a Ov 04 0+ 49 0 -4)) 0 >.4 4k 4k 0 ' - $41 4) A- 01 0 4 43. 0 4 00 .4 ) 0>.A a 00- -4 0 ) 4 It0 434 0k6r 41) -11 C t B U 43 .. O 4 4) 0.0 40 0 4) 04> 0 0A t 4) - 0 4 :0.0 ..4 >-4 so0 ; X4 0o - 4) A-4A -E-4 go .43 y :4 o 1 A LIt) U30 - >,#
Attachment 1, passage 16018678 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices However, A sample of the Forn ET single transmission. must supply a the Form ET that accompanies If required infornation is Each form type has specific See specifics about tape and diskette submission must also be An end-of-document tag • For direct transmission, the login CIK and password are required by the system whether connection has been made through EDGARLink or through some other communications * For tapes or diskettes, the CIK of the entity submitting submission header--a header that provides basic information the system will not suspend a filing for failure to insert information that is required for the submission to be Multiple documents may comprise a single submission. Each submission must end with an end-of-submission tag When the CREATE A SUBMISSION option is used in EDGARLinK, the software automatically inserts a ‹SUBMISSION› tag at (</DOCUMENT>) should mark the end of a document. the beginning of each submission and </SUBMISSION> 4- A -16 Multiple submissions may comprise a missing, 'the filing will be suspended. (</SUBMISSION>) or it will be suspended. the filing must appear on is provided in Appendix for the entire submission. accepted by the EDGAR system. Identitied ch damend in A tag at the end of a submission. the submission. submissions in an end-of-document tag. software. However, for each KEY Continued pril 1993 1 12 1'3. (4) (Key continued on next page) EDGAR requires identification of the submitter regardless Submitters Access Identification Submission Header Document Header Document Body ¡ Additional Document Header ¡ (required for each document) : Document Body End-of-Submission Tag 4-A-15 of medium chosen for an electronic submission: some elements are common to all subnissions: 1.6.1 DIAGRAM OP A SUBMISSION (2) (3) (4) April 1993 KEY#
Attachment 1, passage 161.44o D0 C4 Ho4 04 04~ Federal Register I Vol. 58, No. 67 / Friday, April 9. 1993 / Notices -.4 0 0d -14 -,- U a) - .0 0 o4u 41 04 0 0 4) 400 .- 41Q 0 EIO 0 4 wV:V 0 0 ,, 0, 0 o 0 04 04 A CO o 04 . F -'' 00 w 4 1) 40iV 0 0 I 4VV -4 0 on0 0. 4 41 F-. 4 0 z 04 il A AM & AJ4 0 A A U ... U E 11 0 0 4 0 0 41 41 A 0 1 0 v A 0 v H w(J8113. v0 V A v v. .4 v 4 0 A v C ^ . v 04 V . 4 to 0 <D 4Th 01 C (fn' inn , 4h %0 m 0 U)) U) 91. 0 4 i8s7 18679I A V 4f 0u '0. 14 0 00 0 41 0 &4 4 1 a).0 0 410 41I 00 A Z 0 -4 0 I )-'4 01 x0 40 4 to 013 .44 ,4 >.4 414o" 0 c 10 1.0. In In 4In 4n 0 0 0.- I I A Cof 6. r. .1 M 01 4? 1 AC. 4, " 0 11 A oc o,...4N8 Y A 04f - . 0 1 0 A " 40 Z CW ZC1 A A as.~~ I . . 5 . CO P V V UVfV0 C r 00 0 .4 4)t 40 00 nf-4 0- .4 0 x 4, t' r ~ , 0 In 0N A M40 r m I0 -W $ 00 U 4 00 0 r, C4C. M( ' 0 '0 VW cN 00M 0 . N 0 00 0 r . 0 0 A 00 0 0 Q 0 0 41 A A0. j a A4 O, 0 A 0 to,1 0 A c 00 (0 A A 0 UJ D0 04 j) 10 x-- 4) 0 IA % .4 41IA 41 -+ $42 41 04100 o-4v1A ' A42 04, 10, v v .e4A N'~~~ ~~ U 440IA14 U I 4144 J% U4A 4. v v j -4 00 ~ D0 0 to 04 0 0-I-.4 U v.0 10 4 v vVo..vv t VV V14 0 042.41)41~- %4-0. '4 Vv vv v v"v, v v vv v#
Attachment 1, passage 16218680 Federal Register IVol. 58, No. 67 IFriday, April 9, 1993 INotices rH .. 4 ro 0. -. 0 H - 0 W 0 '14 Q: WAn 0 0y i4 IA0 04 d A* 4 ~ r4 14 .4 t; C)11 9J *4014 FI 0 a A -4 0 4 A-' 4j -- .4 a 0 0 4 ; j P o 04) to 0O1 F3 4 -4 10 FA t 0 1 Ue .- 4 0 0 W0 V 14 C %4 0 C.) 0- ) 0 0 9 U) r 4m .. 14 .1 H > 4) U : w4 0.14 C)0 0j 0)wtia 0 C% P( 43 00 A V0 0-a 4 0 Z4 14 ) v0 'U 0 A .14 4 %440 fa - 14J : 410 . C40 M >n 0 w .x 4 0 0 m 0e q340 I 0-4 .14 . C Et 0 C~ 0) 1 0.4 70 40 0.00 0 5.v2 j ' H , A0 V. .>. C 4 r o -4 fu 44- 0 w to .-4 0. 0 d .44 to. U4 0)0 13 . 4 u 03 4J 41 T'1 ta (a:1 X 4 4 ) MC 4) f 0 344 0 P 40 .C 4 0.00 M 1 44 CI 0a' 1. D -0 4J 9 14 PI 0)- r. 00 P U0 0H 4 ) I t , >1 0 4 4j .1 0 k4.40 040 ) P0 0: %4 Q)P >> 0 At 4 0 04 00 0 ra 00 1 0 0 14 A4 HV 0 0 0) 1:M U' r 0 3. 4. (04. . .) H) u0 4 1 V 14 -. 94 04) 4) 9A A) .0 0 P- 00) -4> :10- 04 A1U~ .4 U 00Z A... C- . 0 ) - 014 M r:0-4 MO r. 4 0. k 4 VVV A0A 0 .4 A 00 - It 9 2 P. 00 6 -A4j 140 . , W> -I)~ a -4 014 1 0) 0 4 10 014 0 r. 0 4400 r 41 0 O: 0 '44 010 044 .0 0 0 to$ CO4 0 m4 :1~ mn! a00 .11C.0 PA -a0 In 104 ~ 40 10 OR 01 94 In L .40 0 P2 0 0 0 A 0 A w 4 41 0b H0) 4) C.4 0o: 10 A> o z)4 L20 u Mt 1a 0~y> uA 0 44 W 01 A 0 I. A 4CC .44 1AH q 4) H r.040 P11: 14 ZO-- 01 4) In Cn 13 (4 In 04 '1 14- 0#
Attachment 1, passage 163CO0 4) 0 V 4404 O4 12 >0--4 w0.0 4 0 .0 o >, o" C.-4 -4 0 01 0' 141 * 14 4314 0. 0 12 H 41- X 2 '00 f! V0C 14 .0 H 0 0 > w44 CO 0 4)0 U-4 tP - 4 0• 4 H .0-H 0 0 t -- 4 H 'a - W 0-440 4 4H0 40 C1 0. I" 4 0 41. 010 0 En".41 0 24 4 ,- > 14 0 0 In .,.4J 4 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18681 0 U • 4 00 E-4 -A 0 w41 OH -- "-4 $4 M 0 412rz O to to 9: :3H 0 >0 0 Q 21.. . t 414 14 Hw 12 0-41 4). 0 121r. 012 4 14to 0 410 0 x' Q0 O w '4 _44 0121H2 0 -0 -4 03 04 93 :3 M~ 00 10 0 ) - W 4) 414 0 0 0z .0 0 t 12 -4 w0. to 0 -44 . to O2 f1 -41-0 :3 .0 , C0 0: -,) O O r- O .C m 14 4)1 04 (Df ID r- 0x 4j a -4M 4 0120 -40 0 0. 0.0.0. 44 4 %n 12 r0 12 121 '10 m0.Z440.m . 4 100 0 00 it1.0- 0 0 >. 0 C VU U 0 0 012 41 4110 to 4) 0- 0 0 "0 4 CC 0 $4. U 0 0 a2) 0to _ 0 12m- 4)4 41 0. X41 0 41 0 to 1 0 to 0. 41X4 4,)H 41 %014 4)4 1J 4j 0 4j 0441 , j 0 0 fu• In.- 00 0 41Q1 0 41 -H 0 M2 4.04, 4)034..4 0 A0 0 0j C > " 4) 410.0.0 04) 0 V.4 0.94t 41 1 ,14 .12 4. -441 1-H H4 44 4, 0 0)4 1 0 0 14 13 - 40 W m 14 a, 0 0w 0 6 0 0 1M 4) 42 a w0 Q) 1 14' 0 41 40 04 4) 4, 0 JJO -- C 1 14- 1 X, 0, . .- o 12 14 4 0 0 0 :2 .4 0 0 w 4 0 -40 41 '0 12. 0 -,-t0. 44) 0 0 0 0. 41 W 0 .0 - € 1 4 4 0 00 4))1 00 10 00: 1 - 0 0 W O4 4 0 M tO -t4 4 C2- N 6-; 0 r21 4) )P0 - 124) H 40 O1 1 4 4 € .4 0 4 0 4 - 04 U-1 1 1 0 H13 > .00 r- w.10 0122' 0. -4 4) .1 0 0101 0. >w w44 04 0~0 1 0-v 4)0 d -4 4 4) W r vi4 0 4 1 A io- 4)0 0.0 4- 0 H R3 1114) 0 U4 .1 a 4 040 04D :3H46 H 40.t4 004 .0 .4 r 9; -H4 -HOu M 14 0 140410 $4144(0 61 2>. M 0 01 0 0 $,4 0 1a 1204 %0 00 ) m'w0 0 0 12 00.4 00 04.1 D 4 00: 411- .H 0 N 1 -.1 0 a~ 0 04j 0 ". 0 4 4, 0.4 0.4 H H H. 14 0. '41#
Attachment 1, passage 16418682 OO.4 0 r.- '4 0 0 to '0 0- 0 AV 4 #A V 0 -a M 04 4) 0 0 0.- I 4 -4 4 C! 0 A 9 14a v0 0-0 :4 4) ( -44' 0 m 1A Li K " r 9) 0 V j0 gJo toi " to --0 A V Or 0A V> 0 mV4)0 -a 0 0 A-4 14- 4) V-> w 8 0 0 :3 >444 03 00 z0 "1 0 Vo to 0. 4 0 0 ra 0 A4 0 A," 4 I A 414 04) a H. 04 4 i4 0 a4 H 44:44 A ) 0V CO . .", 4t 04)0 A04. 0.0- 00 A 3'u Federal Register / Vol 58, No. 67 / Friday, April 9, 1993 / Notices W 00 0-4 .tz 0 r: 0 H ) r" V H > r 0 0 w 4J -4 0 ".'4 -4 -a 0-- 41 0 V ' V0 a .0 0) 0 H 0 0 0.0k 0 £'H OWG A) %4 H4 144 4 En 0 -4 43 0a. to .14. 4) 0 4 U) 44 -a 0 4-4 En0 0440 0 0140 0004 , 441 H 0 -A.-4 0 44 C4 14-0 to ,.s 40 o WV s 0)010 C. 4J 4) 00 0 mm0 44 g: >0 4)t,009 .M - 4 0 ,4 -to C 0 aZ L ,4 " a " 4 _-4 -o 4-4 0 . . " 0 -0 E1l-0 U 440 4.). IfO -4 : r4) o do 4),- r- to -4 to-4 ) -. 4 V WW -. 40 0 .- 0 z1- 00-'-4 0 t H.- W1-4r to04A 0," 0 W 0 A A, WA. -A 0> > 4 -14 r4.) 0 V00 to -1 @ oo 4).- 1 1-,4 OC0-4 to-C C H 4) .0U 0 .1 w' 4)000H.1 u ==v u I0 4 0.W0 -- 4 IC m ) .1 -t-40 0j0 -4 F WO;CA -4) to : to44C1 14-0 AC0 w0 >4: m.x OH Hs V r. H0.1 0 40--I 0O 0 .4-1 H 4 W4 C0. IQ 044 4)0.0 WE- -. 4 4 W 0 0 f0 w 0 H ; r.)0 0 0 .%€ 4 u to m. 0 C w0. 4 to) I to . V o aU 4 t ,4 4 0 004 H -A 4 A to 0 0A HA A 0y% a w H 0'. CH 0 A% D0 :;.u v FA0 v0 -0 0 4-44 0 A D.A-> 004) 009 4t 0 0. ao 0 '- 44 4 V4- A'i 0.0 A 00 V 4 V : H .00 . m. M0E m 1> -A 4j 90 9: 0 A) 4 .4 0.0 - 000 WV 01 A QWOO .0 to 4)" 4) Pf IV0440-. HO 140 A. 0. m- 0 F!. b,% 4 0 0-do -0 0444 0 .C C 0 0 '0 .0 1 0400 0 .04)1 4) 19 to 0 V 00 Ah u 0 .4 0 0 z04 2HI H I 0 4)0 0 th u4, 0 .) 00 .- 04 0)0 t .4 4 0 w.4) ) 0 .j0 0449 0o0 0. - X E O1 0 0 04 0 t-, C to 5.3 -1 0 r 4.IH I _ 4J 4 .4, 4) -4 4) 4 -4-- 0,4 '0 44 AoQ ...4 44: Ato 44i- 44W4-.01 40 0- 0 V V'0 '- 40 :4-c * r Os: 44 go -t C 4)4-4 0 00. 0 C a.0 . 4 0 -0 04) 4 4) 0 .0C 0 to 4.4 4 LI 14. FA I 0 1 0 S; w0 0 0' u -a >. 94)- 0 FA0 0 ua .1 -u-44 '40A 0 4 r 0 0) .0094j o 0 0 'J44 Z0 V4 D 0 A4)> 0H. 020j 0 '00V 04) 4: to A >. 0 A 0 *> 0' 0. .004-a 4) .00 " 0 .0o CO. .4) V0 '0 4 O14 V 0, D 00 440 Z 4 H -M 0 -% 00'0C to )H.- 003 : 1 H 44 u -4 0 M 00 -4 2. IA Ca -a 0 0 03~~~ A L " ., 00.0 M. r.a? 00- J aA 0 00. m2.00 4) 0440 to 0 0 0 0 C-4 m 0 o a 0. 0 0 94 -. ' M O4 0 0 rn . ow - r- 0 -40 U. t .A0 04 4)4 -0 0 0)-. A 40 - a 430 W0 4) a. 04 14.0. 000 V 0.0' 0 . . 24>0 1 004 p404 02 A.) 0 z0#
Attachment 1, passage 165Federal Register / Vol. 58, No. 67 /Friday, April 9, 1993 /Notices 18683 4)50 14 r 4r- 0 0 H 4 v 4 w SO1S4 H s 44 N SOm N N . .1 1 .1.1 Ir. V.i, .. 4 A A A A >-4 A a.. 0o x 044 0 0 AU 0 0 0 .4, 11 u ufI I to I H H P 4 -. Al 0 A4) 04 AAA D) a 3 0 w aU U )U )4 - H -4 64J -4 4 H0 C4S r'N4'0M I C~-N4 O S f 0 (4 : 0 v) 44 A -4' A - 7.1 A 4I .QI p 4(n A A Z4 0 AZIO. (S N 04 1.5 1t E H 0 in 1 to 04 0 -4 O ~~ Y Q4 '- to4 A- w3 00 Z0H 1 0 A A 1 8 A U) ~H A I A- - 0% (314 H SN~SL ' ' 4(a) 00 V.-1 H . 41.101441411 W1.(-4 (A s- 14 .4 x 3z zz ZZoo91.PS C4 Ia. 4) -~~~~44) 1 ,5 , 5. U) 34 u 0. 4) '-4 4 . 44 -. 4 ) 01 >. A4 . 44)W 0 0 -4 A 4) 4)4 1. 4 4 . 4 104.4 M). -s- to 4) .2 0S)% ).4 0) A 0 4(n 00 0.S w ~ 4 .; P45A - A (nOU 4)3) 4)4)0 4)4 0). 9dC Id U) 0). 4) 4) 4 1 140 4; 4 4) rd41 Go t1-%n A 1 1.' (Di 0. 1; A>. tn O t0 4 04) 0 M m 0 A3 -4 0 vvvv vvvv HU -4) 4 21)4 4 4 j A A D . to .9, 1g ty 4) 4 A D4 14 A . 134 m ) 4) (d4 :3,0 ru R 0r ms m ( m " ~ ) ) M0 If(0 ' a PC > -4 '1 -0- (a S H4(0 u0 -40 4)4 w 0 -. 44A P ~(0 ( 0 0 0 0 0 W 0 M 4)04 " 0 14 .4-0~. 0 (3 5.5- 0 0 0 >-. 0. 0H. Ov .o-4c m( HA 0 U ))) J4d A. CO 4)0 C 10 4 4) to 9 . 44j 14 04 >5 1; A4 W A ,4 4 W '4 4 a) -4 301 n I N ~ H 04 : 14 964 1 AA A4 -r. H: ~ 4)4 0 14 0 34) (0. 14 4)1- O U-4. 4) 0 ) 4)4 --4-. 14 4)404"01 4 4)J 4)0.- 1 (0 4 E'! H 4)~ It 0, 0. > 4j.4 E) . 44 $4 ) U 0 -A x 4 AW "1- 0) 00 .44 C40.4 14 4 ) 0 O R4 4, .)40 p, M 4 0 C4)VV V#
Attachment 1, passage 16618684 04 04 H. 44 to 0 to4 4 vi 0 0 ,a~. 4 a 1 01 0 0 w r.d 0 0 (n W 0) 0-'44. 0 IA -4 0r H - M.. V0 0d P. 4J4)1: Z 00U Qr Federal Register / Vol. 58, No. 67 / Friday. Apii 9, 1993 / Notices 090 I -H 0. A0 x V4 V go- 0 0 .p0 O" 00.*I 0(4 V~ to V) 424 S1 4 I00 tp 0 0 •~ -4 0 4)0 r0 -4 _ 0 0 44 A 000 >1V n- 0 v 0 00 '-a 0 - rI" 4o w0 En4 * W 4J . 0 0 0 0 4 0-0 a 0 0 0 0 00-.-4 '0 4 A F4 N '14 , 0 •0 -:I -4 44 10 0 -M4 0 V0 0 V, +A 0' 0 V I4 0 1 0 0 0 0 f 900 0.-o 4)1 4 V - 4A 0 U1 m. -4 0 - '0 . 0 0 -44 0 E4 ,4 0 42 r~ A -0 0 I *41 -4 03 0 ty -4 1-0 00 4) V %40 U 0' - 0 14 90 420.0 0 W' 0 U-1 E4 q 0 0 41 :3 H ON 0- m 00 # 0 V 4 42 0 '0 V c 0 ,4 -At ' 4 0 ' -0 0 to0 a 0 G H .,4 00 ,- u I 40 -4 V . 0- z#
Attachment 1, passage 16704 4 040 0 4 4)4 04 04 03- 4- to to N 140m 62 4 to' 4 0 0 to 4 4 o-4 18685 z 04 E4 0 H40 944 ,.4 N I N 4) I 4 14I 114 .4. 94 014 14.5 - S ~;I N Federal Register / VoL 58, No. 67 I Friday, April 9, 1993 / Notices 4j 0 mw V W 4 .4A r 14 to" 43 14 0 94 0 *V 0 -0 4)4 C C' k 1 4 4) 0 0 - M 04004 4 4 L- 4 -4 0 a 4. 0 .- -4 0 u . 4.- ., 0.Li V144 "40004 40 00M% *. 0 0 . 0 90t 0 t 4 " 10 0 . -4 0 NV C 0KO. 00. HU)1I.. .0144 14- C0 tP V 0 M 0 4, U. 4k. .k 4) .4 V -4 -4 , I2 *.4 0 0 0-4'C14C-0 0 0 41 14 9 402 & i .41400C0 %'4 0 U-40 0 0 0 V EL U 4A- •4 fa 4 u 4) $4A o 4 V 0 10 -4 04 -10 04 4 X 4 0 4 in 0, 4)04 0 r 4 r 00 U) >.4 -4 9 0 0 0 .4 0 u. a 0.4 0) 0.-I 4 - 0V .4%4 14 4 4 0 0 3-. ,44 V) 4) OA.0)- •00. ,O40U 0 '. . .0 0 0 0 4 0 a u 0 c 04 Me a4. >1 A 4 D0 4, 4) 0 X4)~ ,3 4j.. .g.'- 0 004 04 4) O .4 # 0) A4. iL -. 141 0 u '4 04 04 - 4 w4#
Attachment 1, passage 16818686 I 0 H I' A 4 Ca PC 0 h 94 14 m I0 0 H HOE 9.4 04 ~H 0a HwI H0 z Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 /'Notices '44 14 0) -H mU 14 0 0 ;0 w4 EEUM ( 0 -.- 4 S 4 0 )i -. 41 (d>1U y 0a .4E A0.14 Q-44 a E41 .1W E ~-4 - .4 to 4) -H 0) a) .9 3 *i4 4~'.4 wi 414E 0. (a '0rI A4W OOO 00 : 9 41 to. E -. 4 -H .,I 0 - 2 " 4 0 .- 4 vUW 4 W45> . 0 10 fn d tn 14 -IO EU 0 0 wU> n i v A (d .9.~ w O 14 4jJ Aj -. 4 U)-.4(W w w> Si EU 14 WEIW 0 J0 0 OR W1 '" U u W 0.1 0 , 4~~~~ EU %40I W0i 0w 0 -A-S 0 -d---,S 0.0 14 14E 0 14' W 0A -H - 4 Pk. > 0 O4 0. 0) U V 0 EU w - EU r - H4. . UU IM E 0d 4 0 0) 11E 0W )MP j 0"0'1 q3EU S VUW 13 WE0 U >. W 0 > uU .04.014 to NE W4WE W -.4) WEU0 W 0 0W-4 C4 w ." M In q 0. 4 - 4 Ix P4 ;S 0 Ixw H m 0 14S i14~Q 0 0-1 ('q ' fn v3 04 A (5) z CO) 4-i 4. to *d4 A OH 00 z0 01 A A 0l 0) I .4 0 NO If 0 m A mIA %D 40° m r4 F3 0 m A A A W nAAAWI.fiA zl u W HUHHHUOHA- tO V ~ . V V V V C.. w a 4. vV v vv 164 .4 -4 0 0-1>m 4O 4 .4 " 0EU P 00' 14 4.-4 4 0. C V0 00 (4 ( W .4 r >.%4 *A 0. %44W> 104)V0 4) 0- 10G 0 9o- '44 ld 0 0 . 1 41 010 100)-4.0 k 10 1 - M C(D C .) 0. AN * 4 A) 4. 4- .4 .4 .4 CA a' a~ a H H- ('4 N' (4 1j H4 H4 .4 0#
Attachment 1, passage 169Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18687 See listing Separate values filing (e.g., Items 1, 3, with white space or repeat definitions in Appendix C. (Field for each entry up DEPINITION (LIMITS OP PIELD) tag toi eạch. of tag values and to 2 characters) Indicates the amount of fee paid with the filing being submitted. (Field up to 15 characters before Indicates how the fee is decimal point) being paid to the SEC. Values accepted in Release FEDWIRE and (Field up to 12 Marks the beginning of infornation. No value. Indicates an offsetting filer's fee obligation as provided for in Section 14 characters) offset payment payment against the of the Exchange Act. The sum of the values specified for <FZE-PAID> and ‹OFFSET-PAYMENT». 1*****************• and 8). LIST 2 Continued • TAGS YOR WHICH SUBMISSION TYPE DETERMINES REQUIREMENT*• 4-B-10 6.9 SUBMISSION ERADER TAGS AND THEIR VALUES Continued EXAMPLE OP VALUE TO BE INSERTED 1 3 8 $0.00 Lockbox (200dd000000000000a 13 <OFFSET-PAYMENT> 13a • <AMOUNT> $4000.00 10 <ITEMS> 11 <FEE-PAID> 12 «METHOD» April 1993 TẠG Usually shown on (Field 9 characters plus DEPINITION (LIMITS OF TIELD) 0000990004900000 Marks the beginning of information. No value. subject company Identification of a subject company. (Tield up to 10 characters) subject company's IRS employer identification on the cover page of a DAton dispines a hyphen with this tag.) Name of the subject (Pield up to 60 File number supplled by the SEC to be used under subject company only for confirming copies characters) (Field up to 12 Marks the end of subject company information. No characters) : code. Form 10-K. company. value. LIST 2 Continued DOȚAGS TOR WHICH SUBMIBSION TYPE DETERMINES REQUIREMENT•• 6-B-5 :......304 54064 2008 0005585. 405025 600552408 PRAMPLE OP VALUE TO BE INSERTED 555555 22-7777777 Small Co. Ltd. <PILE-NUMBER>: 00-00000-000 9 ‹SUBJECT-COMPANY> 9e </SUBJECT-COMPANY> «СІк» 9b <IRS-NUMBER> ‹NAME> April 1993 TAG 98 9c#
Attachment 1, passage 17018688 H 40 or 0,4 O /> 0' 0 4J0 0'0 V 0 I~~ .M 0 4 -4 44 Federal Register / Vol. 58, No. 67 / Friday, April 9, 199.i / Notices >1 0 toW0 0~ 0.) 42 I 4 O a 0 0 0 4 . .- m 0 0. MO4 -421 44 M 4 0 k M_.4'I 0 14 .. 0 H 0. 0 U 0.0 M V 4j 0 CO .4-J V -H OW 0 0 10 -,4 VO .. >' '4 u2 m 0 A o M 0: .- u. 0 0 0m.4 . C.) 0O I 00 o4 14 " 0 0.4 0 OMO > 10 1" 0 000' 0 .A 4j 0A 0) :1o d o n 0 4)14 44€ ,- 00 9 . 40, - 4 - * 1 4 r4 0 U -1' 0 U f1 0 W)% 4M- W 0 kI..-0 0 V . " - U '0 0 a 0. 0 4.1 t0 0.0 v - u -4 A -4 0 0.0 -4 '4-0 0 44 44 0 C rv0 .0 0, 4j 01A 0 0> M r4 U .4 ..4 CN a H O 0' € '0 t4 0 0 W'0 42 .44 44 0 * 0 0 0 P ~tI' 0) 0 44 . %• 0.0 0 U 4J f4 04 0 4) A4-914' 2 4 v 0 44 $42 I v 41 44 O 0 44-u 0 0 4.4 02 0 In0Mtq4 0 9 40 (1 4.4-4 4) C 0 eO a-CO A to00-r 4 k~. 0M 004 0 0 0 42 " #4 M420 I .4 044 0 04V2- 42 0.4 ( 0 4o % - 14 . • o 42 rO . to 0 0 144 24M .M 04 to0-4 :0I W-4>0 -A to 0-4 0U u ; 0IAm 0 C Ole0 42.- 4 0'.4 F1 0 , . 0 ' 41 -,>, -, .0 . g a A-4'U 42 0 0 00 0 C 4 , -4 42 04 0 0 -4 04' 4.O ' 04 k4..0 4; 't 41 4 .. -4 v . -4-,) C> 'q 9 . 004 * 04 %.44 0 1 00440 MT- 4 to00 g V4 %4 A44.0. 0 H~ 0 %44 ZO> A 4 0 v -; -,4#
Attachment 1, passage 171Federal Register Vol. 58, 67 / Friday, April 9, 1993 / Notices 18689 value For filings Used it the (LIMITS OP PILLD) Company Act of 1940 should use other tags nested under ‹SHARES> are Marks the beginning of fee calculation under Rule 24e-2, np see as by-series Basis to indicate the applicable information. required. Series name. • (Field up to 40 Number of shares being Number of shares redeemed ********* DEFINITION characters) (Field up to 15 or repurchased during series. registered. characters) (Field up to 15 characters) period. LIST 2 Continued ANTAGS POR WHICH SUBMISSION TYPE DETERMINES REQUIREMENT** Investment company filers paying fees pursuant to Rules 24e-2 tags 19 (for filing under Rule 24e-2) or 20 (for filing under Rule 24f-2) and the appropriate tags shown grouped under them. The following information is about tags 19 and 20 below. calculation information included in the body of the filing. The ‹SERIES> tag is used only when the lee is calculated on a required when they apply to shares being registered or sold. 4-B-14 These tags summarize in the subnission header the fee 6.9 SUBMISSION HEADER TAGS AND THEIR VALUES Continued Income Series. EXAMPLE OP VALDE TO BE INSERTED 3,500,000 or 241-2 under the Investment <REDEEMED-SHARES> 1,284, 632 series-by-series basis. «REGISTERED> *************• «SERIES> NOTE: NOTE: 19 < SHARES> April 1993 TAG 19a 19b 19c as the value These tag values DEPINITION (LIMITS OF PIELD) Total dollar amount of convertible securities on which filing fee is based. (Field up to 15 characters before decimal point) Total dollar amount of the equity securities (common and preferred shares) on which the filing fee is based. (Field up to 15 characters before Total. dollar amount of . all other securities on which the filing fee is decimal point) (Field up to 15 characters before Negative values should be decimal point) When a Securities Act registration statement. is amended tó l LIST 2 Contiaued *TAGS FOR NEICH SUBMISSION TYPE DETERMINES REQUIREMENT•. unallocated shelf filing covering both debt and equity securities. in indeterminate amounts, the total dollar amount on which the 4-8-13 1.9.507S3101 85 1695.430 72858 YA.085 Co25940d BRAMPLE OF VALUE TO BB INSERTED $20000.00 $10000.00 $100000.00 report a change in the offering amount, only incremental ADDITIONS to the offering amount should be reported (2) When a Securities Act registration statement is an for «DEBT>, «CONVERTIBLE>, «EQUITY> OR «OTHER>. filing fee is based should be inserted after ‹OTHER>. can only be positive numbers or zero. 16 ‹CONVERTIBLE> reported as zero. 17 ‹EQUITY> 18 ‹OTHER> April 1993 TAG#
Attachment 1, passage 17218690 Federal Register / Vol. • 58, No. 67 / Friday, April 9, 1993 / Notices Used if tne beginning of 000000O DEPINITION (LIMITS OP BIELD) information for filings (No value required) fee is caleulated on a' series-by-series basis to indicate the applicable fee calculation under Rule 241-2. (Tield up to 40' Marks the Series name. characters) Proceeds of salé of (Tield up to 15 characters before decimal point) Dollar value of shares redeemed or repurchased up to 15 characters befor'é during period. decimal point) Dollar value of shares redeemed or purchased already used as. an calculation under Rules 10000000400 series. shares. (Tield offset in a fee 24e-2 or 245-2. (Field up to 15 characters before decimal point LIST 2 Continued *ATAGS POR WHICH SUBMISSION TYPE DETERMINES REQUIREMENT** Money Market Series 4-B-16 4.9 SUBMISSION HEADER TAGS AND THEIR VALUES Continued EXAMPLE OF VALUE TO BE INSERTED $10,000.00 ‹SALE-PROCEEDS> $2,268,316.00 <REDEEMED-VALUE-USED> < SERIES> 20 < SHARES> April 1993 TAG 20a 20b 20c 20d Number of shares. redeemed DEPINITION or repurchased already used as an offset in a fee calculation under Rules Price per share. (Up to 3 digits permitted after characters) decimal point.) (Field up to 15 characters before decimal point) • calculation information for filing wader Rule Por forris 10-R, 10-K/A, execurives have failed to Marks end of fee 20-KT, and 10-KT/A. Included if certain ownership reports during the preceding 12 months. No value 24e-z. No value. file the required (For use in future release. required.). LIST 2 Continued NATAGS FOR MEICE SUBMISSION TYPB DETERMINES REQUIREMENT.. When submitting an amendment pursuant fq Rule 24e-7 under the Investment Company Act of 1940 to report a change in the total 4-B-15 BRAMPLE OP VALUB TO BB INSERTED «REDEEMED - SHARES - USED> < PRICE - PER-SHARE> $25.125 =/SHARES> <BOX405> 00000000001 April 1993 TAG 19d 19e 19€ 19.5#
Attachment 1, passage 173Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18691 C0 01 A 1 4. 0 ';r C ra ~05 0 g'0. a$4 0 4A )4 940 4) 4 04 0 0)4 'a2014 0 .44) 4J1 U w w C 0 (4 04 .- -4 ) u o 4).4 a.I x t; uS a. 9 C 0 0 4014)3 441 0 P 1 4-I14V, .04 A 090 A 14 A W1: 9: 144 A041A0.0 H 0 14)11 . II0 0' 0. g 0. '50S., 01 40) 0l 54504 0: 4O1~O. 0 4 41 4 0 O, U1 0 ' 14 W .> V 0 0 we4) w 0'# 1 0.. 0 0 -42 4) .40 4) . 4 4 0 0'0 v 2 Z.. s S' 0 x " r ' Hu0Vs41 41 %4.-W l V . )40 alv ri HO 4 J m t 0 0 t 1 4 4 0 0 4 ' 4O 0 3 14 1 0 0 .44 4) t" 144 .4' 4 41 0 ) - H I40 14a5w 0 -4 4Z. 0 4J0 9 (a445 14 )I U G4W 1 &.40 541a) 1 I0144 0. 0 k0 a 0 44 F-4 4 0 14) a) 13 r4 4) 0 X 4) tP I M. ,a0 1v4 -,' 114. 0 S 0 H 0 (n 0 " 0)40 H 4H H Ce 0-0 * U 4.4 C4 4.' 0501 10.9 P 0. > 0 4) 0. 4 0 0 w4 .1 th5 0 A ~ 4 0.0 0 U 0. 4) A 450 $44 0 "W01 014- ~ 00 R CAOZ4) 0 > 0O . fa 4) 0 .*54 (4 014 H - .0 .0 b01> a M>1 V. 0nd4) -A4 0.4 -H 014 14 (n %# C 4) a 40 g wm &J54 0 4) -W q 04 .04 4) D00(D0004P0 4) *V0" 42 0 40 '44 4 -" %4 W0 140 w 04) .0 H 5444 kw A4."0 A.0 &J M0 50 $4 A0 ij1 (d 0 0 M0 AJ', 4j 0,4 0.4H 1) w4 . 01 4 40 0- 4)14- 00t. .4400 44M S~04 0. 4)4 1) "04) J". 144)0540"40. 4) (d P M 4 a fI O'54 -H %14 4 4J - 0 V 1.4.4 5 01 0.0)044 U43 2 M0~ .-4 0 (d %4.0 4) :2144. AJ NO '; 4 4 0.0 4 .0 4)a):3t 4 ~ U 0 5 0 V 4 04 '1 14 (D 4)0 CU . 00 " 114) .40 >V 1 C ° At#
Attachment 1, passage 1741692 Federal Register / Vol. 58, No. 67 | Friday, April 9, 1993 / Notices No DEPINITION (LIMITS OF PIELD) Marks a submission to be 0----------000 treated as a test or live filing. No value. Marks beginning of submission contact inforpation. No value. Identifies a person to contact il there are questions about the sub- mission. Although not required, it is (Pield up to 30 recommended. characters) Phone nuaber of the required, it is recom- (Field up to 20 Marks and of submission contact information. characters) mended. value. LIST 3 •OPTIONAL TAGS POR ALL SUBMISSION HEADERS** Providing information in a submission header does not relieve a registrant of the obligation to report specified information in 4-B-20 EXAMPLE OF VALUE TO BE INSERTED A. Jones 202-555-1111 </ SUBMISSION-CONTACT> ********************• 30 < SUBMISSION-CONTACT> required filings. ‹NAME> «PHONE> 29 ‹TEST> OF < LIVE> April 1993 TAG 30a 30b 30c DEPINITION (LIMITS OF FIELD) effectiveness date that Filer requested applies to all co- registrants in a co- registrant filing for Company an Order is nonth, day, and year, byphen, slash, or spaçe to Used when the value shown for ‹SUBMISSION> TYPI> is "aodule. " Represents the nugber of godules inqluded i.a., za/dd/yy. Use , separate nuabers. (Piaid up to 20 charactars) in the submission. explanation of modules, Used when the value shown for ‹SUBMISSION><TYPE> is "segment. " Represents the see paragraph 4.13. (Field up to 2 aharacters) number of segments included in the subnission. For an LIST 2 Continued •*TAGS FOR NEICH SUBMISSION TYPE DETERMINES REQUIREMENT•• END OF TAGS POR VEICE SUBMISION TYPE DETERKINES REQUIREMENY 4-B-19 19 084199708 54058 1265 210 55248 725025 C.25--00 EXAMPLE OP VALUE TO BE INSERTED 10/15/92 26 ‹EFFECTIVENESS-DATE> 27 «MODULE-COUNT› 28 <SEGMENT-COUNT> April 1993 TAG#
Attachment 1, passage 175• Federal Register / Vo.. 58, No. 67 / Friday, April 9, 1993 / Notices 18693 Month and DEPINITION (LIMITS OP PIELD) Marks beginning of new company data. No value. (Field 9 characters plus New name of the filer/registrant. (Field up to 60 an optional hyphen, EDGARLink displays a hyphen with this tag.) Designates a new fiscal day only. Hyphen or slash separates month and day. (Field 5 characters) See Appendix c for correct State (and country) codes. (Field 2 characters) Marks the end of new company data. No value." Business bagening of now information. No value.. 20000004000010d characters) New IRS number. year end date. LIST 3 Continued HAOPTIONAL TAGS POR ALL SUBMISSION HEADERS*. Jones and Son, Inc. 4-B-22 6.9 SUBMISSION HEADER TAGS AND THEIR VALUES Continued EXAMPLE OP VALUE TO BE INSERTED 22-7777777 06/30 ‹STATE-OF-INCORPORATION> </NEW-COMPANY-DATA> 33 <NEW-COMPANY-DATA> 33b. <IRS-NUMBER> | 33C ‹FISCAL-YEAR-END> 34 ‹NEW-BUSINESS-ADDRESS> 33а ‹NAME> April 1993 TAG | 33d 33e See Appendíx Identities Compuserve User DEPINITION (LIMITS OF FIELD) IDe that are to receive notification of submission acceptance or suspense messages in addition to the user IDs associated with the login CIR and fller CIR. Should not be characters; separate IDs with white space of tag used to request return (Pield up to 40 Identifies one or more stock exchanges or other self-regulatory organiza- tions with which organiza- tiona filer's securities are listed. In the future may be used in connection with dissemination of one- i or value for in ag charactera--separate •pace of tag separate te separately) (Pield up to 4 copies. One-stop filing is not yet available. LIST 3 Continued NNOPTIONAL TAGS TOR ALL SUBMISSION ERADERS-. applicable SROs. 4-8-21 :.9.00430 59058 1495942-35318409965540 EXAIPLE OF VALUE TO BB INSERTED 17700,1155 17700,1156 AMEX CBE NOTB: 31 «NOTIPY» 32 <SROS> April 1993 TAG#
Attachment 1, passage 17618694 Federal Register / Vol. 58, No. 67 I Friday, April 9, 1993 / Notices 4) 4) 4) 4)f 14 1rk 4 424) 4) 0 42 V0 4 d,0Cz to V0 . -A DI 0 4 N0 4) 4) .. 44 0 A ) 00 V '64 0 %4 44 0-104) 4041.- 0 -42 4) 0 A 'x Qo') I C-.44 % 4 :14V-444 4J 4 F H T m) .0 0 0 V r: V 0. w 0 11"0 u %4 r.-4 4) 42 -.4 U. m u 0 m 4) : *d 0 40 14 4 '0 4) 13 .4. 04-0 :2 f 0 440 14 4)4)A DI4U 4 '010 : 04 0 . t 044j 0.4 UA 0 j 4 P. N l.0 4 14 4 0 -4 04-- d2 r 0 0 4*. 4. 4J. - 0)3 .. 4j -4U. 4) #A W)-4 - 4) '- 4204)4) 1 04)0 34 .3 > C 0 A U) A A U) UO) U v v v zVV V n u %n in in kn m) fn (I 42 4) 14 0 41 43 04 4 ) .0 4) 0 0 0 4 04mr44) 9f404 -4 4 )t 0 4 4 .0 i )0t 04)420 4j C ,4 4 94) 4)I 40 -4 N Id 0 1404)A -4 V 1 11 -4 a A U) 44.U 4)-4 4) :3 o 3t0 0 $4 O0 ',.4 V1 0 U 0.140 u -'4 4)*4 4 0 4 W 4) 4 0 m %4 m-4 r-.4 100 40 4)x 0 -1 U1 Lq 0.-4 U) r U > 0 4o 0 0 0 0 V- A. A ,4 1-1 .,4 -A. A O mt.I a o4 0 o4 00 0 0 A0 01.4 -. 4 wM 0 0 44 0 9:40)4 4 40t 4)4).014 0U) C " 014 X 4). 40 3*.44U) I 4)4 40 0). Iola f P.-' C u : a A A AA V A w w U) V V V V 4)~ .0v'#
Attachment 1, passage 177.4 04 to. 04 04 to 0 0 H E40 Federal Register / Vol. 58, No. 67 1 Friday, April 9, 1993 / Notices 18695 42 u 0 u 42 42 0: 42 0 0 0.4-0 U -q U v m 0 U 0 0 0 o 0 r. CO V .0 0 4 m -' 042 - I0 4- 0 0 u 42 0 4O 0 4V U 40P U V-0 0 ) 14 0 10 -4. 42 ' 044 ZIA4- 3,0 U) -4 o .'j 0 z v I-A 0 U IA U 420 - - ( 42 4-2 9: 41 € 0 C U 0 0 0 0 U 0 U r-4 U C4 0' l0 0' 0 0' 0 0 04j 0 0 -'. :2 P C M 4 A -.4 :3 044 0 0, k 42W0. 4 5 4201 010 0 0 0 0 0- 0 v 0 .OsO U ~~ .-.- U'-4 U U a 4) 0 0-4 H 44r. a 4 42 to u z W A 0%. AS0 C ~014 ~ .U O0 0420 OH a -4 A t 0 o V OVU VV Ln 1 CID0 A An z 4 0 0 N v H 0 U0 V a) 4 UN r - 91 r, N- . N fnI m' C1 m %V C 010 0 0 V O* 0 O U a0 0 1400)0 420t >1 X 0 4 V 14 0- rA . A- 0CV 0) *41 4I0 '4 0 0 W W 4) 104 OIA 0 $4 -4 1 U Ut) 1 m 01 0 'H 14 W4 k 0 0) 0 ' r '" w 42 0.p0 044 42at 420 00 ~ U ,4) -4 14(D 0.1 0S0 -. 4 00 %4 0 k% C 42(A 1 Vk4I 0 V &U ._ 0 0 a #aa0 0 t..4. 1 w ,u - 40 C1.414 OA0 9 - 0 4G 00 0.t>1 HS 00.40 $ 0 14>.0 4 I 1 14 $44 to Z 0 4 A0 %4 1+ BM.. 0 0 a o -4 ,,4 0 4 421 CA C 00 .44> 0..-0 0 UJ 944 S42 04.9 z 94 0 40 -4 0 >0 r'VC U 0 M0 GU-4 al 00 .4 4 0 -f 41 U 0 0 0 tW 0 r V - -4 IA 0 -4 u2 14a A014 4 '.j. 1 . 0 qj u '0 th0 0 42 .. u4k4 0 4 a Vt)( o)P .4 C -0 r.-4 ~44 P.V "4 N 4I 4 4 U I A#
Attachment 1, passage 17818696 04 04 L 4 04 4 a U. 4 4 4 04 04 04 4 04 24 to to 0 H @0 H 14 4 t 0 0 10 4H H , Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0 .-4 41 U 00 r0 .o o4n u4j -,- T 00 ,a 0 -4 0 ) 4120 V00 41 :3: 4) 0-4 03 U) 0.14 r 0 0 • .0 1 0-40 0 00 1 zU 00> tn 0 A4 z t- '.4A.M o I2 v v 0 VA -4 P 4 0' .C 0 0 P .0 -4 0 14> . o w04V 0 00 0 X:040 00o 00 0 0 4 4 0 VI. CO Do at m m 0 4J0 '0 V0 4- .014 00 Itt 0 o 0 P) 44 0 N '0 0 0 4j- 0 0 .40 11 40.4 -- 4 'C.0 u v0 '44 14 0 0 w 4 04C0 0 100 U r. x u 4440 0 0 0.0 44 014M t 4j La • A A A 14 z u v v v m 0 Vh tn m m 0 w 44 a0 0 4 0 V 0 0 444 -W4 4 ; -w 4 a~ H 0 0 14 a4 $a 0 0 0. 0j 41 0 01 4 0 U Q0 o 4 0 1 0 03 04 14 V44jC00 - C4) C . J r u-0 40 (a 00 0 0 X 0 0 r.1" 0 Ix4 0.MW U4 . 2 00M' 0 -4 0 M .4 V A. 44 tn 0 0j ON 0 0 14 V 0 0 3 440 4 0 44 0 4 440 0 2 4 02 0 a-~ 0042 0V- 0 0 4 4.- V 0 42u u 0 0.144 1 U't014 00.314 U 0 - U 0.4 U0 - 0 0410 0 1 .- 01 0 0 O 0 40 01 w -4 I 41 - 10 4-1 - 4 10 O-4 W0 .- 4 I w 14 to4 w1 441 01 01 0 0 014 01 0 tOU 0'0 '*-U 3 o N.- >0-4U 0 4)00 20 20 2 20 4 z z A> 20 u Zr CO cO CO in t In 0< O co 0 CO A I 00 0 A A A A A w A 0, 0 2 V V V "o v v V v V 0 .0 U v v 4, zc toc CO CO M V Vo 0 (0 CO m m#
Attachment 1, passage 179Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18697 4 4 4 4 930 04 04 0 >1 r 94 044 ) 3 u -1-j.a .14 k 0U-4 9: o a 44 0 01P . toV 00)) ' 0 ~0 H 0 . 0 .4 I. 4 A. 1 4 - 0 4o 4) 4 ) 0 V€C 0~, M 00 >11 10 0) C 0 O 0 00 ' A 0 9. 04M 004 0A 10tl4-0 41 . 0 0. 0-- 0 0 r A: 4 -H a 00 ; # 0 4 k C0 0 00 0 0 0. - A a k0I H 4 * '0 0 Q-4 0 aq) t 0$4Q4 -4)0 '0 >0 A0 ' 41 04 4 MIN 0 1aP1 3 i 4j0q 0 0 04.4 0v m 0 r d 0 "' 0 W- MO 1 f V- g .0 X A U.-40 M 0 H m fft r0%4 '-MEW U 00 . 9 : 41 4 0 r- 0 a00.1 O0 MM4 0 C . r40 ~V 00>I r4 .13 0 4) 0.C .000 U o V * I r C 4j o ,-4 0 z 00 4) 0' 0 0. 0 Or 0 I . .9.. . W 0 0 0 I 4W 0 V4)0 I i 0 >1 0 4 IIH-4 44 .0 4) -4 A 1 0 M0 g0 0 j 0 (0~u 0 0. 0 A0 0 0 0 00 '0 40 -004 .- 4 0 0 ''- 4)0g 0 0 01 (J0) 00 M.- 0% 0y 0 0 4 0 k 410 r' C MOM * u V) U) ' 0 0 1 *.4 -4 '0. - a C k M >'0~ V) 4) 0 0 0 $4 > > .. I '4 13. A f C r 00 0 - •1 4 -,4 0 0 0 440 -v vq 0 * 0 0 04 00 -0 0 .44 0.(0 00 -4w 0 do 1 A . IX~ 2 0 14 V) 41 0 44.-I 4J4 0 0 -4 -4 04m 4 00 Ok 00 40 05 z A 0 C4t E. 44 (.4#
Attachment 1, passage 18018698 Federal Register / VoL 58, No. 67 / Friday, April 9, 1993 I Notices 4)0 4'4 0Ar0 alu 0.94 44 M *4 0 V 0 -- 0.0 4) 41 M to a .4 0 ao.D -. ' 0 001.4-4 0 0 L 4 :tG,--U -- 04P 0Q 0 OV .- 4 14 0.4 0 0'-4 >.0 0 A 'N 4 . 0 0 0 4 %40 0 0 4 • 1,4 :2 a0 P 0 0 • 4.) a 0.0.-4 0 .- 40 14 Q 0I It 40 u M 90 A 4 0 to %4 0 O 0 ci .4 0 -4 -4 -4 ~1% 0 A 8 0 A F- V 0 A U .. 0 0 0 '0 '0 41 A >1 0 4j C 9: 0 0)0. JO 4 f M4 1-40 -. 0 t.oo E44 A1 -I*0#0 Auu IdI 0 1 * 4 0 4 1 + 1, b4 4 , .- 4 - %4 14 %4H 4 4) '0V04) 4.'4 1 A0 0 Q-4 44 00 4l 0 o0 0 0 00 0 9 r %4 Ow. 0 r.4' 0 U1 -4 04V000 z -C v4) a#
Attachment 1, passage 181Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices It is seg- subordi- of seg- For an The name must (Value must be SEGMENT) the master segment con- Must be the first tag following <DOCUMENT> Identifies a subordinate segment when the value shown for ‹SUBMISSION> her name hat will be referenced in a master begin with an alpha explanation of segment tagging see paragraph 4.19. DEPINITION (LIMITS OP TIELD) Identifies the CIK used in nate segment submissions. ment tagging see paragraph but no periods. (Field up to 15 characters) ment. Required in For an explanation (Field up to 10 Marks the beginning of the tent. No value required. Marks the end of the sub- ordinate segment content. characters) No value required. segment. submitting i subordinate 4.19. END OP TAGS POR DOCUMENT HEADERS -IN SEGMENT SUBMISSIONS MATAGS DOR DOCUMENT EIDERS IN BECHEAT SUBMISSIONS. 1-c-6 1.10 DOCUMENT HEADER TAGB AND THEIR VALUES Continued ₫₫₫₫₫*00*00****• EXAMPLE OP VALUE TO BE INSERTED Segment 223456 «SEGMENT-NAME> opinionl «MASTER-SEGMENT-CIK> < SEGMENT-CONTENT> </SEGMENT-CONTENT> 46 ‹DOCUMENT> «ТУРЕ> April 1993 TAG 46a 46b 46c 46d 46€ When used, DEPINITION (LIMITS OF TIELD) Identifies a module already resident on the ot Rey see, to be contents it is under ‹TYPE> module.. Not used in combination «DELETE>. Directs that the module already resident on the EDGAR system and named with the nested tag ‹NAME> by deleted from the (No value required) *tho value required) (No value required) optional tag. with LIST 5 Continued NATAGS POR DOCUMENT HEADERS IN MODULE SUBMISSIONS•• END OF TAGS POR MODULE DOCTMENT HEADERS 4-C-: EXAMPLE OF VALUE TO BE INSERTED opinionl_asc «MODULE-CONTENT> </ MODULE-CONTENT> ‹REPLACE> 44e. <DELETE> TAG 44d 445 April 199 44g#
Attachment 1, passage 18218700 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Must be grouped Marks the beginning of information identifying a module, previously submitted, that is part of the current submission. Name of the module to be • outs 01100 the DEPINITION (LIMITS OF TIELD) -0000000000onо (Field up to 15 CIX of the filer, who previously submitted the vith the tag MODULE>. characters) (Field up to 10 (Field 8 characters) Marks the end of module identification informa- tion. Raquired tag. No characters) No value. module. then the module may be inserted using only the When the applicable CIK and CCC are those of the primary begin module tag, the name value, and the end module tag. e-D-2 •INTERNAL TEXT TAGS.• (Pos Other Than Wide Tables) BINAPLE OP VALUE TO BE INSERTED annual_rpt 0000444444 EXAMPLE: <MODULE> annual rpt </MODULE> Byccc$#9 «ccc» </MODULE> registrant, 47 «MODULE> 478 «NAME> April 1993 TAG 47b 470 47d PAGE 5-5-2 4 -D-5 Tags used within the body of documents are identified in the •following two lists. For convenience in referring to tags, each SECTION D-- TAGS USED WITHIN DOCUMENTS Internal text tage (for other than wide tableg) Wide table tags lover 80 1) For information on using the module capability of EDGAR, 2) For information on using the segment capability of EDGAR, 4- D. characters wide) 3) For a discussion on formatting tables wider than 80 4) Refer to Appendix & for future tags regarding financias ITPE OF TAG characters, refer to paragraph 4.18. tag is numbered consecutively: refer to paragraph 4.13. refer to paragraph 1.19. data schedules. LIST NOTES: April 199:#
Attachment 1, passage 183Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18701 documents to Indicates where a new page Indicates start of the Marks end of auditor's Used in a master segment to reference subordinate segments. It may be used auditor's report. within the text of a additional text subnitted as a segment; or it may be document to place place a subordinate segment submitted as a nate up to each segment No value. report. No value. used between complete document See paragraph 4.19 for characters--names must be separated with white space or tagged separately; no white space used within the Marks the end of a segment DEPINITION (LIMITS OF FIELD) should begin in a document. No value. details. name) reference. 000d00000000000000000000 1.11 TAGS DSED TO IDENTIPY ELEMENTS WITHIN A DOCUMENT Continued LIST 7 Continued or as a de Tables) END OF INTERNAL TEXT TAGS 4-D-4 EXAMPLE OP VALUE TO BE INSERTED opinionl Account-TX </AUDIT-REPORT> (To be used in future Release) 51 ‹AUDIT-REPORT> (To be used in future Release 52 < SEGMENTS> 52a < / SEGMENTS> 50 ‹PAGE> April 1993 TAG 51a <R> and </R> DEPINITION (LIMITS OF PIELD) Creates a searchable marker for notes about text. May be used in foot of the note Alle number from 1 through 99 Indicates the beginning of No vaceptable. redlined (revised) intormation. No value. Indicates end of revised revised information. To information, use <R> </R> indicate deleted together. No value. *TRa Collowing a paragraph in vich changes have been are and 1.11 2069 0520 70 2877PY 4842456 55878 1 D0609887 600t4..0 * REAL COT AGE. (Por Other Than Wide Tables) Changes to financial statements need not be redlined. 4-D- EXAMPLE OP VALUE TO BE INSERTED <F1> <F99> </R TAG 48 49 <R> April 1993 49a#
Attachment 1, passage 18418702 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 1:11 1009 0930 20 001205 52 4 0007 625200 It information exceeds 80 characters in width, the above tags Ine Betveen the Tast Line or data and ahe Soonote or table Por more information on using tags for tables, see Section B, the data. description. paragraph 4.18. April 1993 DEPINITION (LINITS OF TIELD) Marks the beginning of information wider than 80 characters per line but not wider than 132 characters per line. i serve of text headings for columns. No Marks the start of a stub (the left angle bracket is aligned with start of the stub). No value. angle bracket is aligned with the farthest left character of each column of data). No value. No value. Marks the end of a table, and return to lines no wider than 80 characters. No value. Denotes (and separates) the numerical data in a table from its footnotes. No value. h.....0..............co LIST & *•WIDE TABLZ TAGS (OVer 80 Characters ide) ** 4-D - 5 EXAMPLE OF VALUE TO BB INSERTED t0t0t0/00d0000000900000080000000000 «TABLE> 53a «CAPTION› <s> <c> < /TABLE> TAG 53 53b 53 c 53d 54 <FN> April 1993#
Attachment 1, passage 185u -0 -.403 0 % 0 0 0 u -4 4.) 03 0 000 .4 T m m w 0 be 00-W * 0 0.4 0 030300w Federal Rqter / Vol. 58. No. 67 / Friday. April 9, i993 / Notices 18703 .t3) ao0 0.-4 0.~ 44 0 '0 4j -0-0 %4 Z -. d0 w 14 w 0 0.-" 0.300 ) 43S m w34 m inw 0 .4> 0 -m to 02 0 0 14-IwO 52. 0 00 H 141 0 0 .- I0i" 00I W31 4 0 .0 w $4 14 00 0.0 4 u 004. 0 d 034 -aw O's 0 ) 0 W 14V r2~ A :3 4 0 En .1 P40 1 UWO,- 14 -M4 U.Jr-40 M 4 RO 3.D >3.3 *40 -owD . 0 0) Q 3 b .14. rs -4 A2 q o :303 ww o .- 0303 r0 ( a- A 3 4) 0--. 4 03 C4 v .) a) u0 44-H44-a.4 414 0 4J a 0 H0 A 0 14)4U .0- 41 1 -4 ~.-. A4 4 0n 0w x 0 A -. k .J4 0 03014 0 A0- .-4 44 u o .41 . ., Q0 w 4 VOO "9 ,-.4 1 0 4 0O 164 4)0 1 4 93 4200 0)032- 1 0 0 4 to 0 14 0 .0 Si 0 41 . -w 0 0 0)0 - $.4 . 0 5440 .-4 -A SI 043 014 0 - Ei -4 0 a Aj 0 0 :3 ':3 qu 0 0 w '1 0.i -40- 0 a .a VV.UV MA .4g j000 Sa ai v 00 U) O 040 0 0 o o O0 000 431 0 0 0 . 0 -HV A14 0 4j Si 0-. 03 0 u 0 0d 04 Si 40 0 W 0s. 0)44 0~O 0 A>0 0M4 4- 40 to0 -40m4 IQ T3~ 0 40 4 V ) 00 4- S 0 w 0 m 0 4-4 0WWUWA a to 0 01 S-4 a. 42 -4 0 a 4 44 -0 >4- 0 9X UA '0 f S: ( 4 1 Cr4 42001 :1 0 0 0 4O 0 03> ,a3- 10 0 0) 4 4) %- 03-4d0 V -0. H 0a ;1x 3 >14 4"44 0 0 g a o U 043 FA 0.44 044, 4J 0 t 0.4 42 to 0 43000 l0V .0 -a 0. 4 0-a -a 14 %4 40 g c :5 0 A. H W3 UM 0 103 04) 00 .0. 0 A 0r. Ir .430 .4 t-4 ) 4 1 w 0 0 -03 4J4 -. 4 -a 0 00 0 -a 10 -. 44 v4.4 C C a 04 0 .0 -a -4 14 c1 44 0 1V 0.#
Attachment 1, passage 18618704 4' 0 A 41 .4k 03 0 64 0'13 A M OH O4 A H 03 4 4k, to4 14 4j 4'- . 4 -. 44 1 14 004 -0 1401 4140 0 '4A mm Q 144k 0.0 H kd Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices r 0 0 0 0, 14 , 04 A A A A~ z z 00 A H -H Un AAA (aH xn u A M AP.O R.100H vvVHVV VVVVVV N a% '0 Q 144 go 41 ,4 4j 1 44 4 :3 02 0 -1 4k :1 2- v 0 v10 1 0 0 OCW 0 '0 4) '00 A4 A H~ A H44~ 0A EH. -.4 A NH 04 NNz H 0 ~ A HA 4, ' to A w t A 0 H v C z 0 OAx -U Mn N -I A -- I v n 14V v V vvv 40 mk 1.4 t7b .4 ¢ 13 0 H m a 0 I4 0 Hf4 I f )I, O 0 H .0 4k1 1 0 0 : 3S N(4 H 0 0N Vs i 0 00 0 4 A 4 k-I :1 Aj 0 : A 01 A v-4 31 A Z 4' j z . V1 O V VV zX 0 OA 0 1 t 010 0 0 A A A to .I (0 b WAU L) U 1 H) H H409- VA H - A C4V v 41A0A1g b " '. fl 144-l H 00i -00 0 8 I04 vv vk VV~vvov vvv 0.0O~ 0 w .v A m Id 0 /1 A 00 I 04' o a (0 00 0 * 0 0 V .0 Hd Ak M$ '0 '44 4k >-) 4 4141 4k 40 4kHH H00: m~ 4H 00 0 H4k$ MI 0 **10 A P 0.44 H4 1411w 14 4kw) 0 4) ak4 140.1 0.VH w ' -a4k -A .0 A45 4' 4 - A1 4) -. 4 H w' -4k *4w u 0o DN- %4k4 4 4 .0- Hd 4' >7#
Attachment 1, passage 1874,4, :14 04 -. 4 4 4-14 4)4 04 U. 4 104 04 4 44.4 04 4 1.44 4,44 4.44 HO 4 04 04 ~24 4 4:4 4)4 444 4 104 24 44 ('44 04 4 4.44 '.44 .4 4)4 14 $14 -44) 4) 41 r 0: 40 i 04) m $14 $4 0 >. ,.4 4 '44 4j V 44 A 14 4 400 0 %4 $4) '-4 4) 9 0 -.4 41 0) 0 S04 4) 0 0. 4j 4-1 4) 0 4))> C 4 1 0 4) 14 0 4) 00 C) 404j - 00 E4X .4 A 4) 4) 4) 01 0 0 V 4)-3 m 0 FA.44A4 14) 1i 4)'-. ." " 4) v V. 0.4 4)d4: 1 -41 -4 0 tP14 0 IQ0 41) 4) 4,)4 4)-0 0' .0) 4)4,4) 014 -,.44 0 m 04 0 0 4-4 M1.4 ON u4J 0 a .r 01 4)'a 04) 0 (A >, 14 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18705 0 14 .4A A 4, . r- 13 '0 04) r: a) 0I) 0l a '0 C *A to M 0 -4 '0 410~ a:) v A ) 44 to)( .J k 4 0 4 v4A44:1 1 4 14 ;14 4)0 r: 0 -4 V )) .. 4 4) 01 0 4 ) A4. 41C 4) 14)4 4) :. 4)4j in40 4) :3 010 -.4.4 M 04 kn In 4) C 0 >1-A k40 93 -4 to0 4) 0 %.ago4) '~44 0 . N 4'0 .- 4 .- -4 0 i 00 0 to 40 .f 4 0.0 ON. 'C r I 04 to Co01 00 4:44 0 4 4) -A In .10 U V.0-14 44 -0 -AA A 44119 ) A A 0 z 0 0 I 4 u-. 0 04C %444'44 > 0 ) 4 0 M A AA~AGA A 01- V 4. 4 4 t4 H 4) H 41 p vl HVVH f. H v vV V v v V v V 0' 4A' 4 4)- m: to4 V. r 4) 1 4 4) m P0 a 4) w1 H4 0.4 4) 4 WJ-4 4)1-4 4 p 44 I I 0 0 - - -4(' In ' 4 .4 4 .4 '4 I /. z 4: 0 .4 H Co 4) 0 0 o 4) C4 44 M 14 0 944 H 0 H2 0 .0 -. 4 0 04: 444 4'4 4) .; 1 x 01 4'0 I4) $ 400 V4. -4)4: 9.:140 U0 414) 4):- 4) 0 4) 'U .4 4) 4)> "4 4) 01.A 0 4ra 0 0 W44 0-14 -4).4 > 1= 4 4)0 14.4 : 4) Aj 41 00-4: 4-I 4 ) 0 4 041 4; 4-1 4) 004 4j 0 84) 0 4 4'0'0 4) 4) 2 C 4 M0 - 0 1 r .,4 in 0 A. 14 m .0 -.4 -4 4) 0'0 4:1. Ow I u 0* 44) 0 A 0) 144 01 u0 9 4) A 0- oH4 O0 4o A4 z 4 0 4: - 00 C 0 A 0 t *aA-4.0 4 -40 -0 0t 0 f 40 " 0 1 U A 4 V O '0 H4 0 A0 041 x 1 w4 0 C.4)I 4) '04 t-04 E. 4 (A a. . IA 04 a 24) 4: 04 0 vk .C H r. 4)0#
Attachment 1, passage 188I5706 Federal legiiter I VoL 58, No. 67 I Fridav. A rj 9. 193 1 Not es. f 00r 0 0 u 0 0 0100 c00V ta .4. C 0.,4 0) 1 0441 ii 0* 0* 04 04 to to 04 04 14 41 04 10 44 04 414 04 14 h.4 to 4w 04 .4.0 .;00 00 0 00 IN 0 0 40U--4V C 014 c 00 0 0 14 a0 . 0 4)4. 0 V 0 0 -. 4 0 -.4-4 .0 91:00. In A 0 z f'44. m 4. 0 1 0. A444 v V vv 0 A 11 I di .- ad - U) 0. 11r c.,. 0 0 oo. Coo, . 00 0- 0. a to a) 14 14 A 0 z C) 0 A ---V-- A 0 V V C 3.1U) v ~ v v #I . ov 4 ,4 .'4 0 V 0 04 010 9.-4 4 90 0 to-4 0 $4 0 0 m 4A 4.. o V 4 A ,Vo. 0 4 4.164 040U40 -44V) 4. 4_. , . U0 1 -4 " 1.,, . A A q 00- N&4 .4). 04.1 " o v v v X 4 0V 0 U) 4 (A 0 N Nl 0-f i 1 1 * .,, o §AA1 AAC 04) , to4 0 '4 i. a Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18707 :1 N 4J 0-, 0~Cl0 4) 0 ,24 0 U > > 0'l 0Y o.d0 4j S140~0 0 0. FI 04.10 )1 4-4-dO 4 0 9 00 1 1 04 0 0 W A u 0100CW 1 C04) I 4 4) Z4 M~ I V C t0%4j 4 C -400 1 I 0 -A 0 : 0W-dO d d0 0 H 14 0000 03.0 k 'A 0 m 0 00 I d . .4014 0 O '00 1. '0 w 0 0 00 0 0. 0.0 ~~%0 O 0 0 4 $4 %4 P4 000IA0 00 -. .14 4.1j 4j 0 d-dw u 00 rO - 14 -44J4)I 0-4 000 -r 0 mV 0 FA I 0~~ 0.0)0 0 10 4 0 .10 0- W14 a) tP 0 0. 0 > 14 1 tod 0. 0 *> 0 4j r -0 ' a to 0.4 0 4) a) . -'; 4 .4 041 0 A. 140 0-4 to 41 k 0 10U CA1 0 0 4 4 ZU014. 10 t4 0 4 0)4 0 C M -1 .-4 0)U Ia. 0. >>>> Ia. 0~.~0 :3 0d'''0 ta to.1 V -0 4' 4) 00 a 04 -. P-~.-40) gx " rA to t14 J'41. *' 40 0 u0 0 0 0 A- A A A U) A#
Attachment 1, passage 18918708 Federal Register I Vol. 58, Wo 87 1 Friday, April 9, 1993 1 Notices 0 A 1. 0 r k ?A0 . -. 00 4j V 0 1)4 4 a. 0 10 0 r .0 10 . j 0 0~ 0) a: F4 14 0 2~ Z04 44 r, 101A 144 00 .4 x1L .. 4 -f 0 4 00. ON 04 0. A . 6 j tot.- 0- zv 644 p o-' - 0 0 4'a 0. 0. 0.0 04 14 4 a0 A WW4 +0 0 0 ) v 0 41 4Jj4 -4 0 1 t ~ a U C=1 "4to 0 .4 009 0 0 4 9 -4 .0 : 140 404 0 0 4) %4J0 0 A 4).- 4 ) A~ 01 44.0 -4$ * - oc .40 0d to A r4 - 91 ), 040) v L4 PI ' 0:) a -4 W-Q 41 *1 . r.4 0.4 2, 1 Il 0+ 04 4 04.- *-. r..4) ) '4 4 0v.0 PC' 10 r '9-~ .40 A40O.. V.. v9 . U 4 4*14 '9 0 0 42 0 Aj 944 9 41 C 04 IA 000 1 0 9 G 0 0 4 40 03 0 0o 0 44 00 0 t 0 0 4 A .4 0- . 44 0.k - #) . f 0 k 0 -4 rO9~ or- .. 40* k 14 0,; 0 '0 11 b I 0 0. fX00% 1991 04. 90 46 01 a' -A 00 u0CO 0 .0 - 901 04 CO . u:2-0 0 0.4 0 0 44 0. a 04 k 10 AJ 4)00 0 a~ -. 0 0 0 0 ~ 9.4 I4 k. 1#4).4 0 o~ a @ . 0 0 04 04 11 14) 0 Ok 0U r r009.0 4~ W 0'~ A1a.0 64 -P U3 4J 0 w 4 01 4 I IV 1 00 -4 '940 w4 -4 C 40w 944 04.40 -0 - MC V 0. 00 k0 I0 'a- A 0.40 Io 10 .-#
Attachment 1, passage 190Fedoral Righte I Vet. 56. No6 87 1 Frkidey. Apdl 9. 1993 1 Notice 18709 MEMIT= .! Iz - - A,- o ' : ! I.~ 3.t&~' .11 I :1 i A , A 4) " I ! ,. " t . Bin 0' 64 a4 4 41*40 10 0. 1 0 '"0 44 c 'o at 0 0 42 0 * 4. 4 0 4j ' '0 -4 % -0 '0 4 % 04 0 z AD0 0 4 00 o4 0 454 '41 - oteo a 4 tit4 A 4, 03 0 0 m 4%. A. UN t- 4 . 0 u 0 0 0 00 0 a 40- A4 E4 4 m t4 A#
Attachment 1, passage 19118710 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices r .0 Mn A C 0 m' w V2. .0 000 r-4 :404 -4. IL 0 0oa 40.0 44 to '40 u2 22 0 44 .0 42 -4 f Z> 94 4 r %A 0,c M > 4 H ,4 4 -,qV4 .024 r.0J >0 -> r- 4 4J A i to24 0 0V V M 4 42 0 m 0.4 40 n42 42 . J i 0 U0 0w =) 4to 40.- ' V w 0w 0 a ,C . 0 " ,' %4 M (a r- to-v 4 :11 4J 43 -4 0 -I4A > ,0 P t 00 to -- 0 A - A> -" 4 V 0 4C 4 m 0.40. ,4 0) 0 - -40 0 AV a a)4) a) 4r M 0 -.4.00 r-4 0 - 04 4 -24 A A1 m 4 a wv 4r 4 -,I W F q4 . 40 0 -0.- AD . n 0 4 . • , .4-' 00 V''n0 0 -H in V0 :3 inV 0,4 0 W. ha) 4) C 0 V 4 0 V r2 o f 04. 0 0 0 V''42 44 0 U to V2 0 F W4 1iM 4i0 IA 41C - ) o t > U U r- 1. k 9 = 40-r4t 0 m 4 42 0 0 00 . r 1 k 00 0 A4 4200 40 0 . -W V 4, - 0- A 0I M 040 m2 0 '04-40 4 n 4*4 4)t 0 to 24 4 2 I:, A 'I V' 0Q=:: 0 n 4) $4 . .9 " 04 9 a) .4 C1 -4 00 ' o r. -0H H 44 % W , 4 A 0 1'424 0. 0 0 -. U H ,- 4J V to 44'0.0 to H 00 A 0 0 4u .0 H : 0A 0 4 'A b >, 2 40 1C W r L44 0 > A0 0 in W4 01 >.42 -H' 9 0 00 W0 4 V 4 0 'q 1 9 4 0 *j A4 4 0 to an 4 £A4V 0 H 'O H P 0) .0 0V 0 V" " 0) 0J ) V r. V 4 ) 01 VO 0 4 4 -, 0" ) 0 .0 ) o > : 9: =0~ 0 3 4 2V04 0 1 0 uC0 0 Z: 0 A 2~ 04 wn 0 C gow m 1A4 d 8 e 01 2 4) v $4 in H 0 ,1 1 1 F1'4 4440 V- r- '4 .42 g 0 0 ra M w 0 A i O4 -4 - H H C- k- V r.to 04 0. 44 3 v 1 4200' 14 in 00 (5 '-) in M V V . A0 144k H 0l 0 0 422 00 P. A~2i'X2 :j 4 2 z 0 w 00 0 w a)042 i On H4 .44) V 4) " V 42.4- 1:2 r0 . 14 W 0 0 H. -44o - -0 4 I In in 4 0 V0 0 P 0 4 4 ;% 4 0 0 ' U r. E r (D 0 0 .L 0 m 0- 0 i3 n 0 lu 0 I 40 .. 2 .0 w V 14 0-0 .4 1) i in 04 - F4~4 (A r V H i-0 0 14 0) OW w t 04 MA 4 0 a t w i W 1-4 1, 0. 42., 04 0 0 4", H "4 0 in 4r. 4 r.4 0) O)44 rVA 4, P H4 M 0 14 C) -4 q 41 44 ra 0. 0 00 V4 04 00 MO00 0 1 A C04 4 V' -1 0 4 0 140W00 - '4 0 0 . 0% 000 02' 0 X40'44 A 0 '4?4 3 .0 4j to to0 00 C4 HO'0. * k V~0-4 A .0 V 0 S 14 .A 1442 0 -4 '4 .4 A 3'4010411 V *0 U)€ 44 H 40W" 0 i C o: o 41 0 I g v FA% .. 1 4 44 0'4 4 9 03~ r% 'WO Ok vo .'.. -,- - % '4 0 '0 r W 1 0 A 4'4 lu 0 $4 0 4 00 000 04 0 .,101a 424 0' * 0 I0 k4 'D442 0 454 4 0 H, 0 I C ~0 ~0.24 1.4 r'00 240 4 0 44 0069 4 '40 Vd'40 0 4 00-4~ 000 E .4 Id a)0.' 0 42 ~~ 0 ' 0 W'14 0 a -4 042%4 20X r. X 0 0 J 0 M 0. " 4 4 v4 44 24. 4 %04 CO44 2440 0 4 0 4 '40 um 4''#
Attachment 1, passage 192%14 0)0 0 .. A 0 '0 0 014 I- to 4 04 414 4 0* 0 0 -4 .4 a % .00 140- 0 14 00 04.0 r 00t Federal Refiste- I Vol. 58, No. 67 / Friday, April 9. 1993 1 Notices Fiedend Register I Vol. 58. No. 67 / Friday. April 9. 1993 1 Notices 00~ Uwe P , i 0 4) 0.A 061 0 0 41 V o00 40 0 00 0)4 1o 3.04)0 t~14 040 Q -40 - 04 a 40. 0 000 o o 0 *0 00C 4 '0 40 43 0 a0 m 4D * V a .0 4 C00 ow ac 0 0 10 oO mO Q,. 0 In 03 .06 14 I W 0 4% 4 .0 04 C 0 0SO 041 u00C Sf.. 0 60 k t) 1410 4) 0.43 40 ra 04 A.4. m 0 t 0 - t o' 0 000 0 V 0 v' 144u3& 18711 0 060 400 ,.. 3.. 3.4 00 0 4 W4 43 4 0 414 00 -.4 !-0 14 o 00140 0 0, 0 43 t01 0 4O w. 01 .40U .4140 0 .40€ u J3 m 0) on0.0C.0 ~--4 000 r 4 $ -4 t-0 k ' 41~4 140 0 44 14 (a 001 0C0 v04 0 M00 (a m6 0 r 14 0044 00 43 0 140V 43 0 ) 14 0 94 004 00 0 0 0 A 0 0 ~ 1 14430 .4 to0' 0 0 0 v to 14 4 0 >1 .0 0 40 00 1r 0.00 W ; 4 00 t 4 0 EntP Q6 4J0 4 0 0 4) 434j 0 0 040 V.. 0 04v 0 -1 4 0 040 4 1 040 # 03000.0 014040 Ia -. ) 00(9 0.4 W 040 410 0 04.14 0.84 d) 00 0 443 a $440 k.0Ub 0 44 0 021 :1 2041 0 . 4 0 a A 0 4)0 0.0 44 14 0 oo 0 o 04 000 r." 0 0> 0 04.4 014 0 a4 V a001 4000a 4j C 04 4 a 0 .4 0 0 4J14 03 C 3 900 430U 0 A 343 10 410 14 0 .1: 0) to 4 14 0.1 V 41 E 0 GA V A0 0 14 V 0 H -4 to0#
Attachment 1, passage 19318712 0 42 0 0 -4 0 ** 0:30 to 14 LO. 0) o -4 4 to 00 420 to , V14 0 00 0 U 0 Federal Register / Vol. 58, No. 67 / Friday April 9, 1993 / Notices 0 4j .,4 0 13 14 o 0 r 0 44 0 5 U) to 410 0 0 4a) IA -4 00 AA 0% H 0 420 42 do o 04 P so -I 0 -04 (4 00')> 0.0 C0 0 £9. 4 )06 -00- 22 'a.40 'A 0 000 F .04. FA C ~ - 0) V2 'I5 Pi 0 0 Ar 14 4j -4 42 r0 0P.0-'- m3 .4 0 ; V M a).-. Ii - A 4 r0 V V2:3 .004 :3 0'4 'r 4 N 420'I #A4 '0 0 4 (4 1 4 to >, 01 1~- 4 N 0 rMI )01 4 0 4 0 C 4N 0 .14 toA 0 00. w0 4 X 993 ~4 9x4 4 to ,.4 N 0 009 ( 041 A A4 A v >4 0 4j 0 41 0 0 4 044 0w C4 0 0 0 ( 0 P. 0( w v HH M.V vA iI xx X XX Ox x xL x OX x to x X $4x o) x OnX x (A x o x x °X Sx 0. x 4 X 42K xX A A AO A XVVC H.0 u z HV v(. W V V V UVV 0 0 0-4 20 1 0 0 -O40 t -4 t 0C 00 .0 0 k 0.0 1 C 0 00 4% 0 0 a 0 x V 0 .0 X 0 '3 x r0 0 .. 0 40 -4 4 1 . " .o o -4 .,t 0 o-4 -4 c z go 4 4 04(C 002.0 X 42 42 0 Q I 160 0 0 '0 04 4 2 00 Aj W-d' ~ 0) NO442 4 00 do 0'( '4 k O mIA 42 4) 0 C -' ON 0 0) 0A0 V 0k#A 0 W 4 04 ~0 . '0 (4 0N0 0 ,, 0 0 W V 0 '- 00 CO 00 0u4 N x 4 0 AA4 A A 0. A .A Vw V V V (A#
Attachment 1, passage 194Federal Regter I Vol. 58, No. 67 ,/ Fnday, April 9. 1993 / Notices 18713 [ i I T I I ii I I ill I I iii I I 04 0 4 a000 0-.4 041. 04) 44 4.f 4 U 4 04 0 r 0 a041 r 0.: ) -40 4,F 4) 44,-4 C)44)0 0 0 0 04 %4) 4 : C a: . 0010 -4)W 4, -444 0-' 0 U04 4)4 4:0 - 4 -04 0- 4 06a 0 1* .- 4- 04)4 0. " A $4.40010 _ 0 0-,41 -4 -40 1, If -4 04C V .Q -. 4 0-4 0.-4 '14 v '%. 4)P. 0 1 .4 .64 L04 0 4 10 v . $40t 0) a 4 MgO 04 '64 .1 > 046*. 0. 04) 0 4 0 w) 0j .0 4)6 0 ' 40 4: 400- 04) 0-4 0l 14 40 WO r -4 2 4) 4 4 40 .4 O 60 41 *0 0 0.) I2 40 0 .4 4 4.0 06) S..o 4)) 00 O 0 - -) (A r4) 440 414 'Ip S W -4 43 '4: a 4 0 -41 0 64 6-4 a 4 0 0 a) 0) 4)j C to .4)0 4A 4 0 0 . 4 V,, '64' A 4 i 4 41 C 14 0 V 00.4 U % 4 0 - . 0 o m . I, 1 .. 00-4 '1 *r o - C~ r.4 0 . % -t o 0,, 4 0 v N -1,0 0'O > Utl m o V "- 0 .^ Z , #A ^. 1 0 4: 41 00 0 V a VV 4) .1 4u-4 1-4 ~ ~ 4 0:v4f P4 P. . 4) 1 4 v v04 OI4); 04 4) 0 0 0- 0 1 0 . 0 4 0 0 0 %44) A . '0 0 0 ,4 A- A..V A* AD W A 0J E, A V H V VV VV . A -4 1 'A,,4#
Attachment 1, passage 19513714 1-2714 .sd1.r.J ster!i/l, 58 4 No. 67I/Fiday Apri g4 1995 /M~j Faderal ReeWer / Val. 58. No. 67 / Friday Aprii 9. IS93 / NOUM 00 0 0 .4 > 14 14 4J -40 0 U4O 44 0. 0 0 (A 1400 31.- N m .o > V) r C4 so :j 0.- v0 6-4 -4 0) A 4 k 0,4 0 >- .4 %)040 V 0 4 E 0 .1A0 - I-I r 4.m 014v 4)0 A 4 "0 w 0p 1 0HU . 1 0 c r 00 N 14 Col V 0 0 >- - A 0) 24 0> 0A 0~ N*D 13- U0a3 0-- 10 v 4 ;4t 0 0 Q 0~ 0 0 00 44 # . 0 H* N 40 14 m4 04 0 4 0. 'C N0 0 '1 to CU r -4 1.J 0.4 AE4 gn _, W m4 . 04 0 u~ Q P A > E4 00 ccc 94S u 1 00-- OA A V 44 t to 0 4) H V 2.0 v v Fedleral Remsfer I Vcil. 58. No. 87 I Friday, April 9, 1993 / Notices Feea R1 I ~ / Vol 58 No 67 I Frdy Arl9,13 No i 18715 ra 0 o4 . , 00 -0 .1:0 to- ua LQ A, I I 00 .4. 0 4 a. 4a 0 05 -N. *A1 93 0 0' " '4 of0 0 a ; ' 4 8#
Attachment 1, passage 196181718 181 0 44 4) 41 04.0 040 MO 14 g -4 A '4 0 4 02 4 m4 W4 U1.0 H1 014 CUA4J0 0,4 0 w to-4 00 "4 £4 0 0 A 0 4fO4 00 k040 S. 0 1" 4 0 0 r,4 rMVO 0 0 00000. 2-4. WP4 C C V .110 4 0-a 0.w 4 0 0.> #a r 0 0 0 V14d 11 1 0)a.0140 r)-'.-40.1 04' '4 k 0 Q0 0 0400>" 0 04000 to 4000> .0 -4 4 o$.4 40.020 0 0j -'0 0A O14 u"- 0JH( 000 -1 w40 0 INwA 10 E -4 0 Ac 04) a)r444 144 0~ O 00 - 0tC, 0 0 9 144) 0)00 0-4 1 4 R fA( '410 .0 0 0 0 O1M ,.,I am4J- to c 4) ) >-40 0 O H M 04 00 M 11 '0 C4 to V.-1.- 0 48)0 : >4 0 01 -440. 01440 -4 0 '4 -%4 0.0 Faderal Remser I VaL 58, No. 67 / Friday. April 9, 1993 1 Notives '-4 0 00., 0 a'-4 4 0 0 -A u )0 44 . -4 '0 t 0 )' FA> A 1 414a 01.4 ;4 A 0'.k u 0' I k40- 0 03 r A.04 14X 0 01 UX 1 400- 44 40 000$ 0' r' 0 V 0 COm 4) C 'H4-) V -4 0 N 140 O k 4 044 0A .0 900 ~ 4 4to 0( V 04 - 0 r a V- $4Ol 0 00004 ,-40 V 0 W.0 04 14 0 V- 0 V 0 cold0 4)q 14 OH *00 '0C 00 0 400 0 OH 0 V 000 -A M0 '0-0 1040 r. 444 toM4 H -H w 1A M-04 N 4) 0 m0V00 n 00)0 m >4 0 r 6 0.00 1"0 U 0 0 0 a -4 rV0 gk w 0 0 r 00 014 A - 4 a '14 O)WC 14 V4) U.11> > r. E -4 C4 V VC 41 0 4J 4 ,'4) 0 C 0M x .,4 -14 14 -'4 00 .0 u4 00 k4 410V V 4)10022-4*00 0 w '-4 to 4 0 44 or .4 00 C o -0)-4 M 44 *-4A th c 0 g 0 M2I 0 0 $ W ' '144.-0-0 0 ,a0% 004004 a0 '"-- r.-'to .,10 0.44)0r gJ-4 CA 00H04 EA0 0 4 0 t40O H 0 14 A '0 4 0 4'00 0 W 14~ OO0 k pH 0 0 0 ;4.A 010 4) 0'" 4) 400 q0 0-4 14 ., .4 H V w to 9 0) '44--4 0. tp a 04 u k- r-., -A 4 0 AJ 0 0 4) -0 " 0 0 r. 0 S,4 0 V 0 C A '4A 4) 000 U) oL 4)0 r_0 00r 14) 0 vo 1'4 V' :'*4 14 A ON u144 0 ro 14 4)Idr MA 0-4 O,- V00M V .IA A 0 0 -,-4-1 4 0 0 X 0 0.0 k-d ,,) i. u 1 0 A0 .0 .'4 4) 14-41- 0 c414 41001%4 U0 CA 14 0 a) u4 V 0 k-4 0. 4)1 w0 0o004J .0 4 43 $ - W 14 M 004)c 4 0v t), Aj .0 .4 14 C4J 0 C-4 ) , .o 4 0 0 . -4" 4C 4)H 0 00. 0O)0 o k ..4 0 0 p0 0 4 UA' 04 4 0 I -,. 4 a)kW U.1 0 - 04) 14 00 -- 0 V 0 (Q -4 -C0 0 034 H o C 0 ., 4) 004 0 O W0 # CO o 04)u O .) E4 A- 0 v - Z 4 0 4)' 4) 010 10 -i4 In -I 0 4) 0 - 4 r j4A 0 rC4) 40 .0 w 0o 01 04 0 0 0 -A 0 ( w 0 0 -'41 0.4 H0..4 4) CO H4 Z -4 ~> 0.0 (-.0 00da H 043 3t .5-4 E 9 0 0 > %4 .44=0 0 u 0 0 0 :3 V w 14 r l.'A41 0. H r4V 9 00 to )~ 1000 4)> V0-4 ) .04) WOO 0 01404 r.14 0 $ "-14 C 0 0 01$4 0'0 to r0 E-. 0 14>. 00 0 uO '4) -4 r4 A 0.- 2000 E- 4-4-4 U) c Cz -4 >00 00> r0 4) 4 0- 4) 0C COO -0 1 a- h14 0 HO 00.00 01-40 0 0 W 4400.4 c1A.0M ' 4) 0 14 5 H ) FA 4 -404 0 0 .4 V0 14 a 0) 0 4 z0 r' z0 001 4). 0O 0U 14F 00 in> 0 H V4' :-400Q' n x 0140a H 0 '0C O 0r 0404 . ' U 0 V -OxW w 44 '44 Q' 0 4 m U 22 u .4 0#
Attachment 1, passage 1970. 0 84£ 0 0-4 -4 4 4 r 3 0 b6 ID a O4 C 54 9 00 40 441 0.4 0 4 0 0 -4 18 -4 0 so 0o P410 0 t 84g 0 0 4 z I r0 4 (a 0 0) 4 A~ 4A 0 q . Federal Register / Vol. 58, No. 67 / Friday, April 9. 1993 / Notices 11717 ..... dl I + 0 o4 196 0 C 10 0 OC 00 0r *0 -40 %4 14 $4C : * $4 -4 '4 14 -40 .40 0' • , 0 0a 99410 4 so 0 C -. .4, 140 0 0MA S 4 . Vag . .0 00 J r' I: .,., CO10 UU..W 0 0 At 40.0r C1. 0 0 408 • '0 U V 4 o -.. q I i - +U'4 ES U 4 11 -4 .4 . 0. 4 1 41. 4.5, O 0 80 4 U-0 0 ,.6 N ,. -44. n%. .4 4 I' ; -- 0 mu Ax u 041 0) 80 0 0 0 09 9 C04 e0 0 -4 0' 4 40 4 o04 14 -146 0-06 0 0 -416 3 00 00 14 0-4 0 H %4410 U06 0 00 10 0-4 , 0 r- 00 S4140" 000 08 40a 41 to8 0 ' 64 04-4 0 i.C H4 0 t 0.11690 0 0 18 " Z0 0W 4 00 to 6 W -4.4 ' 0 0A 84-4 V -4 0 0 -4.4 0 04 .240 to 0 00 -,44 1 +"o #l .4O 1 -44.4 a41410 C, 00C4100 00-.4 -00 . P iq .- 4 9-*u 01 W , 10 01.t UIUH C ,-0 0 .4 , 0 -- 4 0 0%4 0loo. Vo44 0 080) 0 4 0 0 0 SI 441 .0 14 ""r 0>-I C-I IO 0 0 4 -4 1 0 o O416 ElI4 - -I4 0 4-4 A , o-0040 0 04 0 41o O4 04 0.4 8400 0 4 0 4 41C(. 0 0 0-40 . 8 4fE111114 a.00 1 -.4.A ma, S04 C4 0 X10 fito4 A -40 . 00 04 41£ 41 g% 4 0- 0 000 4 4 0 r V>%4 4V t .4 'u 00'- too46 1 H U, 4 13 . 06 '-4 A' 4.-.4 %8 4 I) R14 01 a 14 -4 0 0 n >.4 sk4 in I 0 k-4 0 a 1-4 -4#
Attachment 1, passage 19818718 Federal Re*Wster / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices C 0 4 14 0 44) 00 4 14C 00 0- 04(A 4J W 140-) 0-1 4)g m m 0 01 -4 M -4 11 1 > 0 41 44 4- 000 - 4 4 4) 4) 4 04 14 00 0k $4 V 0D 04 44 Li 014 a . -H to P 40 0. 14 0 Id 4j1) * G 0 -4 0- >4) me It 0)4 V04) 0 0110 4) >)44J 0 0 ,144 14 .o o) 0 0 a) ~U 0 4 0 -0 r Al 4 00 .014 A0 $4) Au 0 1-4 0 0 4) 010 to00 .13 0 r. 0 N( C) V4 0 4 (n . 14 )C- 0 0 14 41 4 41 N4 4) 0 44. -A F- 114 k 144)O 41 4J .U) r 0 a441 34P 0 0.0 RM OJ C 40 >.to4)-3 k4 k 0 60 H 10.0 140 w). 04>I 0I 4j 4) 0) '4 14>. 0 4) 4 k-4 W0 to 0.t 0 go#A4)"0 40 Ito 0- 0 4 44 14 W 04)0)40 U) 0-411 b 0 4) 40 r)-, 4)0.0 0.-H0 gso W-4 430 )) 0 h 0 )4u 04) 4J A 4J ) 04 4J -409 14) ) 0 0) 0 0.0 V : IN k 90 uC 0. 41 4 -4.0 04) ,0U)( %0 4 4 0 Z 0 4) '.4 . 0 0 4) '4 4 (A 4-H- 4) a)4 44 4I .- 1 -Hi 4)14 0.4 m 0.41 0 0 0 M4 4) 04)V)0 9 04 4 0)M41 0.0 4) x OW 'O izo4E44 0 U) 140 4)0) 141 014 0 4 -0 4:3 4) 0 1)4 4)4 4)14 0 r 0 r 6 0 P ,- 000 ) E 0 x- 04) Um' in0 -4 14 0. w P a 0444 4)0 -H M 0 0 $ 0I )4 - 1A14 (1-4 4 101004 0 a) 0.C z- %4)I 0 0 -f '- 4) 0.4 %.4 a) w0 141k 4 -4 FA04) 4) 0 U41 -4 14 0uU 1 a 4 044)A -4 th).P 40.1 04) a 4004-0 0 - 4)0.4) -4 04 )A > 0 0 ) 4) C> 0' 4. to ' 144444) u 00-4 0 >0 0'% 0 C0r14 4) 0 4 0 4)14-4 V 4)C .9 4 41 00 0e4 0) k V.0 C44.-1 01404ac $0 4-1 00 .04) 41 .C4) -H4w AM 4 0+ 414 U%:14 00.44 14)0 4 014 4j 0- A4)04 4)) . '0 4 -4. v14.C.0) A Id 0 4'0 4j-4- (4#
Attachment 1, passage 199Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices is"' 0 '04 0 0: 44 S 42 3.1 4-4 0 0V 42 0:0 0 >130 0 % 00 0.0 0 -1 1 0 a & 4 0 0) .0 '0 z P0 00 0 -4 -1 4 V)50 0 to 0 V4)..) . .0.4 14 1 >.0 0 a0)04 0 0 0)4 140 >,A to14 0) 4 J25,' . '0. * 4 01 0 0 -4.-4 CIC 0 0" 1,04-.M" 0 U3 ) 50 42 0 0) 0 r to 0V0 W -0 0 4 ;08 0 54. 14OV .414.-k 0 40) 0O 0 -Q t 1 420 - 0)a 0 E) 91 -4 j0' H ) 14 h It*IV) V ZM)44 0 v(4C to -0 " 0 0.% 42 0 $4 -P 0 0ar 0 101 1 .40 1,00 .4 v4 ..4 C1 50 to '.4 .4)k 00)0 Is H w V0 O - 0261)000 -1% t) 0O0)' 0 go0.U 0( 0 00 'A 0. r- P 0 0 01 t 0) 0 -W a 4 J 4 0- %a 0 -1' .4 4v 0 '00 3.4 -050) .4 0) '-1 0 1 A2. -f50 .~4 -0 '0 4) 0 f) 40 4C 13 -4-40 04 41. 43 0) %4'020 0)-H 0 r4 .4 420V ;4 0 -#M 0 00 q to0 CC Z 4 >vr .- 4V . -# -.440 009~.144- 0> M 41 10 >,.a, 41~w44~ 0 4 0 0: - ) 0 00) 4 0,08 %)3 F4 r 9) 4 104 -4 -40 .'0 .4 ~ J %4> 40 0 4 A40 W-0) ~ 0 4 " .4n A~1 -4 '4- -. 42 V~ Q0 Ow 0 k 50 P. 03. 00) to ~ '40 04.0420 0 144 ) Wj 4 0.4'R,0 04jW0 0.9 404 .'40 to V#3oU 0 4t 00C 0 0 500 0)4 4 0 -4 -A 4.4 -- 8400 0. )- 0 01. Y ' $0.40 42WU 0 4 ' 0)0 1:4 0 -I~ 42 8 41 14"40 0 M .0 tf 0 42f4> 0 k4 E-4 '4 24 40 en4) 34)4 '. 4 -4.4%-4 0 4-40 [440 M2 .4 0 4 34 0 4 4 4 0) 42 4Jw CID.. V 1 42 - .0) 5 40 r 0)0: 0 42 0 0 r4 W ... 0420-4 0 0 0.fLO 0 00) v 0C4 0)4,4 . RO W)10 00)1 -M W X '5 40 0s *v31) 4204 0.0k 4 > u 1 ( 4 ' -. x0 11 014 " 0) g 4 0 a E 4 0. to04a In 41 0 $4 0)0 0 'LO 0 41 W0 409, (004 0w '0~00 ~ 040 2- 02 4240 4 g 10 4 a M)0 to R 00.0 0.0 m g-4 4204410 CC .1 0-4 40 '4 09. 0)00 M0 0000)2. 10 1 93W0~ 44+4 0 v a C'~~~r V 424)00' > >4 04- *4 2 J 0 n 0 V 4#
Attachment 1, passage 20018720 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Continued The software is distributed on two double-sided double- the files from the first diskette is complete EDGARLink prompts ese after the Fies from the second diskette have been successfully installed you will be notified to press any key to Follow the procedure below to install EDGARLinK on your PC ACTION/RESULT 1 Insert EDGARLink Diskette 1 into your 3 5-inch diskette Install EDGARLink Software Install N-SAR PC Application Besult: The Install Ear int Sort are window appears: 5-A-10 ----i-mom--Install EDGARLink Software Enter Drive and Directory Path : C|ELINK (Depending on whether your drive is drive A density (DS/DD) 3 5-inch floppy diskettes Exit to DOS 5 6 1 PROCEDURE TO INSTALE EDGARLINX for the second diskette At DOS Prompt C:\> or drive B:) drive April 1993 STEP (The remaining 3+ MB of tree * Turn off the MPS feature on the moden if you experience storing the text of filing documents and for session 1og disk space is needed to expedite read/write operations 505 targ MB of free disk space are required to run VERIFY/ that downloaning to a severe the to your PC that reduce free RAM then you will need to boot your spect ie soden sanua onnection to EDGAR EDGARLinK VERSION from the EDGARLink Main Menu • If you have drivers (such as LAN drivers) installed on Start EDGARLink in pure Dos not through a DOs box of 5 A- : 33505050 724240510 03.564224460424 files created by EDGARLinK from a systen diskette of disk space operating Requiresents sortware ) OS/2 OF WINDOWS April 199:#
Attachment 1, passage 201Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18721 (F1] for Help I PRINT ON ACTIO/RESULT -EDGARLink Main Menu- (ENTER) Select option Configurations and Bulletin Board certain schare son as the NeAR PC Application) has been Installation of EDGARLiNk is not complete until you have changed o change your pastore cos to potatap 241401 procedures inet dual for installation and procedural instructions LOG OPEN PROCEDURE TO INSTALL EDGARLINK Continued create/Edit a Submission check for Errors in Filing Correct Errors in Filing Transmit Test Filing to SEC transmit Live Filing to SEC Send Modification Script Change CIK Confirmation Code Verify EDGARLink Version Change Password custom Applications Modify User s Access E-Mail Exit to DOS Move Highlight Version 3.0 April 1993 STEP Continued THEN you press (Inter) type: (path name) (Enter) to step and proceea.. press THEN You. ACTION/RESULT Result: You will be prompted to confirm that entered data 5-A-11 Result: EARLenk Main Menu appears PROCEDURE TO INSTALL EDGARLINK Continued accept C: \ELINK as the default put EDGARLink in another drive drive and directory for are correct decompressed and copied to the designated drive IP you vant to and/or directory IP you vast the program files and directory to abort the installation EDGARLinK 6 Préss: Apт11 1993 STEP#
Attachment 1, passage 20218722 Federal Regster / VoL 58, No. 67 1 Friday, April 9. 1993 / Notices 011 0 -X 41 J0 , .0 .V 0 a0 oHw, wH 0 in 0 0a0a -0-4 i 0 If 0O m "€0 044H 0 of '-0W W3 14 -0 -0 '000 100- .4 4 O o 00a > a 14 "WV 0 a' 8 > Q -'.4O 40 -A 4J0 V3 ed-H A 0 O14 " 1'4 0 V0 0 0 4 *0 .- 4 1 41 10 -4 000 " 44 H-1 S0 a Hgo - a o .4 1H4. 41: V 11 o:2,4 4 0 0 0 a 1 0,4 m0 a0 -. 4 H 0 "y)0 0 OH .d H 0 H0 0 0) 0. 0-4 WH H 14 14 4 I0. 0 14 10 0 0 -'.4 4 CD a -4 4a 3 0 .0: 0'O. 0..-4 ' m:: 0 4 'a * r. A -H 14 aI > 2 4 a v 0 OH -. 4 0 0) (4 010. 03 .m - "t . 4 , 4 aj14 0 14 aj 0 93V4 -. H HA 40 ou N 0 C: m u 4j 0 k 0 V00 0d a .,. H3 H 0 14 14. 140 :3t 00£ 0 0VH 0. 014 0U HH0140 H 04.a( .0 0)01 0 0004 r4 at w 0 14 0014 9)'44 NOH ZJ 0 0 01$4 mO u 0 "0) J, Aj 4.0 W0.0 -0 4) W 440 4) 0 4)& w 4 14 0 H 0 0 0.0 a Hj Ho a U4 0w 0440440 4 H 0 S011 aC 0014 H :1OH VV '00 &j k A4i. 0 H00 14H 14 0 4 '44 a,. 40 e 0.o 440 0.0 Q.0 0 M 4 14-..2 0 p M4, o3, 01 0'o. 4..0 ,H 0. 0 1X w H U) (a- ->1 ,, : 40 -4 wI - , 0," 0: 0 , 0-A 0 43 (,-) A 4 O P. O .- 4 a 0 - S -0 m A 0 b-l0 0)1H -. 0 I a4-0 u -_q 0 41 %n 4 00() 44 14 AjWH 0 H14 014 Aa 00-4 1OH 0 ( 0 01 .. 0 ' 44014) ,a 0 V ri to -,4 )1w "A 0 0010 w .0 a P 4O 0A .0a OaO4oQ 0 > u E4a% I1 X14 0 &:3 00 Fl4 TA Ig 3 Wl-. HOO4 )14;0.4 4 u0) 0 r OV SA 0 00 ww14 0 v d 0 400 0005 0 9 w w d Mm 0 1 4)* 10.9 9 '.4 HH 13 o 0 aA 0 a a) Z a1 ma A n U) E'. 4.- V b U:3a .4 >% wo . J3 0 .4' VH 0 A 0 00 0 " > 1 0 M 10 r! V a a w14 0- 0000 H40- 39 -4 aXm0 0'- 000 S 0 '0.0 14 0.004 V -H ) 04> 0 S4 0.44 to.44 aj U 4)H O H In wH m 4V O 4 (d 14 fa 0V 004 r00 mA > 00A -4 0-4 g a 10 0 0v 4j0 Isa -'4 0) .0(0#
Attachment 1, passage 203Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 J Notices 18723 '4 O '-4! - * .4 0 0 t0 o ) 8" -"'° 14 1,*0 V 4.- !.44 goo 0 i ' 0 0 u 4 . ~ w 0 %,g to "4 42y)0 4 E 40 u 4O 0 Ii 0.4-40 q 1 0 0 0 k~ g40i W. 0 or -f, 4-A4 j a* o. 0 " to 044 4)04) 0 .-. 0 , 0 -. ,o- 00O 4 - XO I V 00 C-4"4 > U- CO ~ ~ ~ ~ 4 0- E- '4 4 04 -, 1UWU40 " 0 o o4 'u ,, ,,V T 0o to 419 4 014 0k90 600 8. a r 4 ; 4 .4I, 0 144H00 1 14~ fa0 'ire 4 0 0 0 - 0.4 0 Z 0 0. i 0 0 P to 0 a E0 Pa)0 0 U14 k 14 U 00 0.2 4 01f4 0 421. ;>4k . 4 -40 g C042 4 )14 1 84 -- o • 04) ~~044 . ~ 4 V44 1 o , 4)))0. *4u 2 %4U 0-.404 0 0 044 0 m4 9 -114~ 04 04 .4-4 ~ -- 4 x0 F O4 (3 0 0 0 42 04 m O IA -444) 00)4. 0M.4 I~ 4 u) . I *:I: •0 " 4) . O $44)1 a )' 4 Vna 414)j . m4 4 a$4V o4 a to4)a4 - O W4 00 4 8 . . 4 a 0#
Attachment 1, passage 20418724 Federal Register / Vol. 58, No. 67 / Fnday, April 9, 1993 / Notices 00r U 0 -4- . to- v- P44 0 NV 44 in V.0 0E4 0 w ) V44 '0U 0 -)0- (A 4 3 .1tor A 04 w >0 00 0OA 0 1 V 40 0. 14 9-1 .o Z o- 5o o ).) V 4 4 a 100 W 0 .0~ ,V V 03 ,- 4 , 0 0 A wo.o , *4,. - 4) 50) 01 0)C S 0 0404M t) w to - 50 500) 044.91440.0 4-2 4 00 et ~ 4 U) -'40 .. 0 04 V 4 M0 to) M40V-go4 0 4 -A 4 0) 0) '-0) 0) ON 0 .) 0 4) 0-44 44 r Lq00)toZ 0 0 M4)t .10 0 - 00> 0 . 00..4 to w 0.0 r-4 0 H)4 0 ,-4 I V C 0 01 w - 4 0) 0 04w ) :3 0 4) - 4I ~ 00o 0) X40 A -5 0 ', M -4 a C 1 Mg 0) 0 4 > 0.) 04 o 0 . I0C.A0'ain a) W.5 -4.00 00 0 I00 4 0 - 4 wv0M0M0)0 - 0 44r0 f -x 0 4 0. 4) 0S. 0 0 0 > 0 4h0 0 0.Aw 0 00aw.L 0 ,- - 1 1k '0 4 0 0)00 N0o o-.0) o .. o 5-. '0 0 0 0 100- ,,. 0 ) *,, .- I I 4) 03 0 00 0.0 k 9 -0 V.4 w 0 N aM "0) N .14 1 0 C -14 0 '0 0 0 4O '0 >454 4.4 4" too 00 a) 4)00 0 00 '4I) 4 V U -4 0 C 14 U in 0 a 0 0 U , 0 4. 0 . PI 0 I 0.V44 W0C0 0 4I-fI N4 0a. 0 El0 "0 0 41 V- a 04 a W a V Ar V - E .0f- a. In 41 aV WV 0 0,4 ) m 00.'HA ?) V 04 t 04) 4 0 a, -0E4..9 A 44 4 IV 63-Aw - 4g :.0' -4 0 . 0 04- O 0 a q 0-H04z)5 A 4 00)0 0 WA P) 4 ~0 ) 4 1 0 NO.40 0 r. of54 V ).- 0 0) P..IO U O4 84w u .141 0 -) "0 -4 1 A0 $) 4 V 4AV)3rl so 0 1 0M U)( 0 0. U H0 FA .4 0 U 390 ,4 m 1 M E.00) 1 0 1 06 - ,k0 0 V.V 00 r H r400 00 0 - 0 0 V 0 01 0-,0 U A0 40 11 4)4 41 1-. U 0 0) 4 '. 0 ()) 000 0)) ~ .4 0 )1 ' H U4) 0 e 4A v 4 C 1 m U .,4 0 4)4. r -4 o') 0 0 0 0 41 - 0- 04.4) C6'0A .00 M). 4.)*4 4 U 41 410)0 r 10 0 k4 54 44 41 0- .,1 M ) -4 0 04 0 0 "0 r. V 0)0 th> 544 00 44 4)qr. 0) W V- 4 0 01so X0% 0~ D. 41% 0 ;a 4 4 O V " go X U I0 54) 0 a 05 -.- 4) -A 0 w I4 m4 A o k4 u , V, ' ,4, 041IN )4 020 50 '0)04 04 a,4t 0 C) : 0g 01 05 00. .P V : u u 1 040 00t -4 00)V -. 4 H4 00 ) oto 044 o. ma0. 0 to-') 0-4444 004 0) 0.4 0a,- 404 M $1 0 111~~ 0) ~00 4 4)0) 0) *4V4w4H 0 16 0)0 -10) V 0 0 V) m to4 0 .1 0 44 05 k 41 V4 r 4 00N 00 0 0 00 w 4) V4 4 t n w040 $ 9 Ag .14 -'- (A C4 2-V140 14 00 u~ M4 u4a0 ) 0 (ato 0 k -I C 140 W140 C y 1- 0. 004 0 r, -- 1 -) 0 C1 F 44-to 0 C 00 0-I0 r-44 0 a0 q)- -0 0i 04 r b '400 1.j V V V $40 V0 W 000, 0 C P 4.0 :"340 0.0 0.1 V to 4 ) V4 u4 04 4) M 04> 4 044 a 0 V1 w) to- V1 ow0 ) 0 u 0 0 44) -4I 00 0 u )4 0 1 -, -r4 40) 000 - O CA 4 - u41 0. to ~~~~0 4 0 1-4 4%-4k 4 0 0 0 V 4) r %4 V V a) 4.4 F 40) Ar1) V so % -H44Q 00400 0 V14 -4 - 00) a0 00 0 000a 00 -a M 4)44 0 -44o W)44- (a' -441 04) 4) -44 A 0 w0> W- 0)540.4 9;4 00a 4 ) 41400 -44#A P54 4-00 00 04 $454 -4UW W a-P4 0-' 0C0)0 -44) 04.0 00 9 V,0 4) C 0 OVA -4)04-40 0 41.-4 V H 4 0 9( A V1 1 C0 .10)0) -44 M0 9 P 0 ) -440) -44.AI 4 04 0) ) 4 0 3%) '-4 Q) ' 0 0 4) ' ~ ~ ~ ~ ~ - -40~- . 00.00 k .l 680 0 0 4)440 84 4, 0) 1,4 0 $3-44 0-40 )) rj44 N4 4)). 6- 0) 0 0 10-41 'A V) OW-- u4144 0kA0 0. -r 4- 0 ) (00 ~0 0)414do 46N 4)V.I 10 N1 0 4 $400 - -44.V -4 4 0) 0 0 V-- so 000 4) 0 .4 M )0tit.01.A 0)04 ..-4 0 0 4 W 150. 84- 0)1 PC 6 00 '4 .0: "Io 14 ( 1 H o 9 r d0' 0- 4~ - N-Ir-I 0 0)04 0) A44 44 H - 0 44 04#
Attachment 1, passage 205Federal Reguter / Vol. 58, No. 67 / Friday April 9, 1993 / Notices 18725 0) A 00C V4.r 0 014 En) 0. -.44 0: 0 14 0-4H r. 0 0 v r.- H 4424 A $0 0A 0 44 to 0 w : 014in 9 NO 04.--0 w 0 04 M m0 4 0 V2 W..4 0 0.0 ~ ~ D ,4-4 -10 - .4 0 0 04 0 0 to1 $- V 4 0 g4 44 V 0 VM 0 40 > r04 0 C4 4 C .400 0 9-4-0-010w 44 >0 M. A W4 C;00 - 9 F14 w 0 a00-4 810r 0) 4'0.P04 04 f 0 43 140 9 t 0 XV 9V0d0'0 9 92 0% 04 0 0 4j0 it- 0 k44.4 a) 0 r1-0 04 0-.0 4- 0 40 00_00 to 00 00 4 0 )0 0% 4 4 z 4 0 41 0 04 0 0''4- 0 00 *,4 4 41 .5o - 0 4 0 00 W - 0 0 0 41 .- 0 4 4 o in 44 [P4 rf w0 14 0 z 4 4 '00 .0 of 044 0 r.C.u .9 4104 00. 1.14 10 10H 0 -4.4 00 444 0 1000 Cn 044 .14 E-4 of gooo I 0 1 1000 1 Iq w4 I 14 u C • .- 4..-4 0 1 I 140 Iq1 I l .4 - 4 ON 134). v 4J VI 14 (4 m u.c I I u u v k . 1 000 1 0 o 1000 -- .1 1> >">,.n 4, 0 1000 (4 0j I a a0 90 H00 1 1 -4 ,- C 0 0 0 0 E.) r, O0 '-4 0 -. ,4 0), ," 4- - O 14 )1 A ) @ J: . a 0 . ' - 0 0 U- 0 4. o ., 0. 1 6-40 4 0 0 08 -) ' 404 0 04 - t 0 44 d in - 44 0-- d V> I tr$4 k 0 14 00"g 1 42 4 0040 4 $4 %4 040I H0 1 3 1 0) 00110 14 4) 1 0 k Z 0> 9y V zE th 0w a:3 0 0 0)9C I a, U140V 4a-A C 1 40 2 ) )' VC- 14 V~ 4A MOZZ I 00 W M U : 100.,SC 0 00 )00 * 000 000-.4 -. 400 A. -------- 0 ---- - --------- ------- 0 .4 r Id 00 0 k to-40 0- 14440 4) %0 0 0.4 00.0a - 4 0 to r- - 4 14 V -4 0 m~r40'0 r.-.442-0 0 H 41 V i01 to4 440 4 0000 01.4.0 14 A 14---l4A. FA'- 0i 044 -H42 '-4 0 - 0 0- M M 00 0 4).-040q4 42 0440 -. 44 00 1404 0-4444 0> 0. 4 V0- .0 V4-,14 0 4) .4 0go0 40A 08 V' 0 0 1 0 44 >, 0 V r.0W14 06 >00V 42 '014 42 r %4 ' 00 040 ) 81.- m 44 0 -4 ra 00)0 0 C M-40 C0) '4 a)0IA44V M0 IaX 044 40 - 0 0 0 C140 0 0 0 044 M44 00 - 0 40 40A0 0 ( 4 0 0 0. 14 V $4 0 * 0. Q m0 '0 0 0 0 0 0 0 0 0 0t.V 0 1 o0 . 0 10 k 0 r 0 0 0 ID 0 4W 2 v 4> 0 42 -. 4 0. 4 0.I 4. 0t 10. 14 I 14 S 0 M I I I-.- 0. Z I , 1.4. 0 a 14 . I 0 I I I ul 4. I Iy 0 A I I -- 0. ,-4 0 11. 1 0 Ia 13 4 V 0 A 1 0. in2 --4 . Il) -. 142 X 1 I > - 10 I 0( 1 0 0 I 0 k 1I I 0 > 144 I4 14#
Attachment 1, passage 20618726 Federal Register / Vol. 58, No. 67 / Fnday. April g 1 Q93 1 ntI-- 0 ! R 1 0 0 %4. 03 3 011 .0e 1.-i 0 at 4) 0 , * 0 3 .- 0 4 • 3 1 I . .4.4 00.0 0 14 2 I--41) 1,0 0 N ''. 0' 0 0 0 4 04)0 -0 + -,f~ >1 4)0 m41 &I 0,.~ 0 a >.,a10 U 4) 14 0 :f' a to-I4 0_ 04 01 a44)4w u -4 v 4A X P.4 01 W04 4 W3W--m) V'4 0 C-.3 .340100 993 4 -*44.40 01 .* 3 .. ............................ 30 04) ' 41 0.0 14 % - 0 004) )0 1 02 ) ~j W 0 u O 0o I>A Woo1g u Mo. 0 .1 4 ). 000044 t 4)0 .14t999 tPt to ~ ~ ~ ~ ~ ~ . .- , 0 0 t 9 = 41 9a 4 10 R 8! 341r4,: 9.-------------------------------- 0 14 4)'4 4 o4 1.C V 14 N- a -4 C.) W4 11 4- 0 0 1-4 M A. >12 Q U) m) 04- =+ 0A 4 .24 02z 13 0 0 0.0 '140 0 W40 4) 01 9-,4)4)o 14W m: 4 toa)4I) 03 A4 LO0.41 w ) m -to 0.)1 0 0:., 34 0 0 4) 41 4) 13 91 Q 4 -4.4 r,40 020 0 0 3 03 V0-144WVCUUU00 I, ) M3>4, r P c a, I'll, U~ 40) ) 04) mc -4- 4 00 0404 r Z4 zi 0 4 1 m 0 Q=,cv)3: Salo,>j 140 4 I -- - -- - - -- - -- - - -- - -- - 9 tA - 4 14 4 P 4 > 4 * -.4 .40 0 go .430 * 4 x 3) 0) Us> 3 0 4 a.- 0 3 0 000 43 A*u 140 .- 44O. 1 4 ) ) 1. 0 -- W . 4 114, 14 I4 "4 4 0 H0) # 0 :j 143 4 -100 U. . 0 a ' 100 0) 0. 3 r) . '04 * *1 4 C0. 8 40. 0 0 to .0 0 0 14 00 '094 0 a 0 0 ) : 1 3 14 V41 E4 , 3 31 4)log004 3a I~ z1. a 0 10 .04t Ir 4)4V 043 C 0 04 4 d 43 01'0 40 W4 40 00 CA A4. 0.% 0 4)4 0 E4 W34 4, RL 0 0 0 t .4toW 1 43 40 9) I 4 4 P.0 0 ,43.4 13~ ~ ~ C4C.. 0 a 0 .4 .4 3 +: .4 .4 1- + >,o 0 5 Un v) 0 H 0 32n 0 4 4, ~ 4.0 04) 1 N ul 0 0, -0 10 1 Z 0 t 4) 0 3 X b-4 01W f- 30 4 0 r 3-.4 C+4 0 4 Q W 00 >10 -. %4 -44--4) PP1 0 4'0140-40 c0~ 3 toto)) 024)30 00009 4c 41 a tp0. 1 4 C i r 3x . u)~~~ ~ A 90 0 ~ r(-3 00. " 000okw 301 10 1 U .1 to to z01 C k 0 0 3:~ 4))4 --- -- --- 44---------- --------- 01 --#
Attachment 1, passage 207Federal Regaster / Vol 58, 67 / Friday, April 9, 1993 / Notices 18727 continued Or NO DIALTÓNE (no dial Commands the moden to send a carriage return end of a telephone number Commands #öden to go on hook (hang-up) and A result code to show connection at the bps Result codes that will be reported if there detected) or BUSY (the number dialed that will be rèported it an invalid is either NO CARRIER (carrier signal not The Hoden Speed value 1s htgnlighted; and a list return to the command state Reserved for future use or lest) box of moden transmission speeds appears (your modem speed from the list box) press En rager contres risa gest credentitsed and ACTION/RESULT command is generated The Change/Add Modem Parameters screen appeats with the Moden Type field seleêted and showing the 5-B 10 $ 10 IOM TO MODITY USER B CONPIGURATIONE ContiaLed | TERMS IN CHANGB/ADD MODEM PARAKETERS SCREEN Continued at the specified name of the moden that was enteted in step 3 detected tone is busy) Message PROCEDURE TO MODIPY CONPIGURATION Continued 5000000000000000 Hang-up string Attention string Connect String No Connect Message Error Message NOTE: Press Type Result Select: Result: Dialing Suffix April 1993 STEP Filers could use when an on-to-off the noden is to hang up (AT The dostands shown in the examples just ring detection, connection and dial tone detaction (such as The conmand sent to the moden to initialize 000000- equivalent comnands and/or make appropriate BEGET or switch setting on modes) Report basic call progress resuit codes to deknowledge NO CARRIER, RING, CONNECT 1200 or 2400 or fotutn result codes such as CoNNEct 5600 (At comand ACTION /RESULT Reserved for future use apply to that moden type 5) Eet omband Bi fron the koyboard in the command state Company vesult codes as words kather than as digits (47 DIP switch settings 5-5-9 or switch setting on moden) S 30 HOW IO HODIPY USER & CONPIGURATIONS COStLe". Monitóf Data Terminal Ready (brR) PROCEDURE TO MODIPY CONPIGURATION Continued TERMS IM CHANGE/ADD MODEM PARAMETERS SCREEN transition of DTR occurs busy signal, Command 4D2 -70000000000-oc Escape Control Init string NOTE: 3) 4) 6) Dialing String STEP April 1993#
Attachment 1, passage 20818728 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Continued is maintained in record of all information that appears in the message areas of EDGARLink will maintain a 1) This record known as a the EDGARLink directory in the 2) LOG OPEN will show in the blue bar at the bottom of the ising opy de do transitted EDGARLink screens session log file EDGAR LOG THEN screen NOTE: ACTION/RESULT 5-B-12 & Select: Yes oter) (see below) in the list box press PROCEDURE TO MODIFY CONPIGURATION Continued it you select yes [tater) No (Enter) STEP / SESSION LOG April 1993 continued UP (Reflects actual result of attempt to connect) COMI OF COM2 Modily User's Configurations screen reappears with ACTION/RESULT modems that are initialized by software commands have to be set to match the following configuration: The session a value to nightighted and ist Modems that bave DIP or configuration switches select a port not used by another serial device such as a box (with the choice Yes or No) appears 5-B-11 1 select: (Cole; 0* Cok2: ft0a the list box) press Data Terminal Ready (DTR): OFF Moden Type selected USER B CONPIGURATION SORBEN APTER MODEH TYPE SELECTED PROCEDURE TO MODITY CONPIGURATION Continued Carrier Detect (CD): completed Modem Address: Result: Result: MODEN PORT STEP April 1993#
Attachment 1, passage 209Federal Register / Vol. 58, No. 67 / Friday April 9, 193 / Notices 18729 0 00 (A z 0.. 0) - 4 4 0-4 44 '01 V 4 0 u -44 01k4 14 a) '0 0- MO "-N r 10UN A4 It 4 6 in 0' 1% to' fu ' -, - 0 04 *4.4 w 4 0 4) -A0A 4 4 941 * is0-I- 0.I4' C I0 H 001~ 14.40 14 4J0 - w~' M r S 414 w014 94C -0 W 08 -H1 0 A 414 14 0 4 41 I ,0 V0. H N0- P04 * 01 0> 44W 0. 404 '0 6 10 -4u ) 0v00~ .. ' 0 6 -- A 00) 1q4 0 .~1C 00 ~ -.44 4 rU 10 'd 0A 4) 4'd-4 ~ 0 004 > t 0. -4o P0 (0- -. 4 4 -- 40 0140 P4 4 4140 0 00' 01 0 *'40 £-4'- :, ". 1 144 W.- 4'r. 0 A o4 in go 04 U). 0 0 .0 0 tr lo- 0 N4 00'P w 14) . 0440 w CD 0 00 4) 0'. r 0 _.4_4 0 .00 009 -114- -4 Id441 0 A 2 -4 E. I w104.N 0 ''021 0 . o 4 6 1 0.141 E44 4>0 0 0 V00. 0 0 14 'a d 04 14 44 f 0 0 tO 0 4AX ' 144' 41 14 A. E- 1 0 4j -4 4j v 4 4j -A44 00u 0 :j .4 P4 I0o0 A 4 0 00 10 _440 ) 0.01 44 :J0 1 1I 4hP4) 0 PI rOOl k' -. 1 410 0 Z -. . A0 00- 04 u~ . F1 :j-4 w 0) I k4- 14 >,.-I a 0 26 U 3 0*4 000 a -4'CV.M 0 :3 i 410- 0 0 t H4 64 06 4 r. 0 00'-.o > 4A-I'- P444~ %4 m0> o 11 . 0 0 $4 90 wON > iv(A 00 0o4a E 46 I >A X r0 00). 0) 03 1>14 01-0 0 1 06 .. I E,0 0 04' r 0 0w- -A4 000 3 0 m.- 6 4 .0 0 31 > ,- 0 . . fa0.040) ) .0 to% to m 41 4P000 .I- 14 m .040w 0 0.). V41 4'0.3> I P 630.4) 0 q 000 444 1.14> -4 41 4114 A--" 4-0.N 1 a 1 -A 10 U 0 z- 4a A; jP 4) (A C 0 -4 4 0o u £ W14 4' 4,14' 41 0414 14* 0 :It 6 r 4) . ) W' >,I '.1 0.4 - 00 a. go 4)- . :0 0 0 ) 1 .. 4 0 0140 0 0 ) 0:1 .00) 0 1 I 04 m 1 4r 0 140 0 4 ' - 4 .0- 0 .1 0 0.4P w w 4 0 H Q I E 10 to4410 0A i 4" 0 Z0 Z1 E-41 14>4 u 06 a JA M 0 .1 4) u N 0I z M 1 - I4 (AI #A-4 0 1614 P - :a 00 P4 0*4 1 0 1 0 . 0 H 01 M' '41t 64 m-I 04 411 a)N m :3 £4) 0 .44 0 alEI v ( 0 a 14 0 14 0 z 0 a'00> > 1- W1 0:z 0 M 4'raA 0 .ix. 4 6.4~~C 60 0 -z 0 0 04- SO, -. 44 ~04 4 0 £ 4 4 0 04 '.40 0. 1.20. 0 ' 6In to 10-4 00.0. U 10' 0 014 .- 4 9 c 4 0 0 640 0* I tr '0 O .- 0 4) .) 0 o 4 U 4t 6.0 0 62 r. CX 4 v-4 0 0 .- 0 A06 10 '0 1 4 0 6: 0 0 ) 000 014 0 A'k-4 C 4 01 C.0 41 0 >,- J tP - 1 4 '.4 ( 1041 0 - 0 0. 0 0 a.0Iv o~~~ '0 V0 £4Aj "40' 6 6-4A 1 U 4) '4 0 -44 '4* r. 1' 4 0 0. 16' 0 ~ ~ %.00 0 £0. 0> '0S 0 .4 '00 r14. 00 £460 M b4' 10 14. 4 0 0 14. .6 1. -4 4 -4 0 4 ~6-I 41 6..0. 0.4 40 14 0 in 9 0.40 U d 064 to0. 14 0 05)4 0 6 IV.'410'10 )4'0 0 4. 6 0-I N 6 0 0 1 110 ' -0 >,, .04.4 00 a: 4.-0 0o .9I a 11 1l0 0 U 14 .0 C r 0 t 0: to 4). IV2 o 0 0>.it t 14611 6 ;0 6P 0144 £466z 0 5 4 4 6 ) t 0 4 6- 0 .1 0 00 4 0 4k x I 4X ) 0 "1 014 6J0-4 1 0 .41 A 0 6 '4 14 A 2 0 % r6 :1 %4r4% 0 r w2-4)do I 14 14 .- 4 FA gh I o 4 4 00w a I6'- FA 604 . H 0 C 1 , > 4 ( 04 £4 0 C. k4at0 Z 1t 0 41 V6 0 0 > , 2 .04. a. 0h_ a> 0 1 14 0 to m -. 4 AS 0 1 0-0. A1 4 0-.#
Attachment 1, passage 21018730 Federal Register / Vol 58, No. 67 / Friday, April 9, 1997 / Notices Continued The default {ile nane press [Bates) apa company or entity paster sociated entity) been on is restoria to easy all an a peare for this file is Companya Dat but it may be enamed by the Then for yet alte Maldie ACTION/RESULT The logis CIk Hesuit: the selected losin car 1s identified the Compuserve names highlighted 5-B-16 PROCEDURE TO MODITY CONPIGURATION Continued stored in the Client Reference file identitied Highlighted year {7leğ Result! 14 Type: STRP LOGIN CIR April 1993 Conned seceived acceptance and entity identified by the reference file Bring later or one Company enter many Da ACTION/RESULT I be rising dire cory unders aputer para is opacited 2) EDGARLink creates Client Raference files to assist In the Client Reference file a list resides of all acceptance and suspension message titles that relate to the Infornation in the Client Reference file is displayed for the filer at the Modity Suspended Filing screen when the filer has pressed the (72) key 5-B-15 3 10 SOW IO HODIFY USERS CONPIGURATIONS Continued consolidate PROCEDURE TO MODIFY CONPIGURATION Continued when the file is named as the reference file name a submitter to companies or for reference file name specific company or CLIENT REFERENCE STEP April 1993#
Attachment 1, passage 211I 14 I 0 S 44 41 I 0. 014 0 F 00'1 0. I 14 f I 0 14 P 0 FA 0 0 U. L41 I- Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18731 183 0 4 . .0 4j 141 0001 114 1 1~ 0 0 -41 0 0. go0 .0 ff.0 'A 1 0% 000 ' 4 40 0 %40 0 >0. 0 0'o >0 Ar 0 04 '00 000 to4> 0 O-' 0) 400 -* 0C a14 .UV4)000 > - 0 400 04 01 u 41 0.0 4 C 0 0 .41 00 r 0k 140 .1100 4A 4 4' 0 V 0q A 41 0.in 10 0o 'I 14 CO 0 - 0% 040 -H ow 000 14 r0W 0 00. 0) -4. w .044 10 -8004 0 0.0A w 0- 0 244 ) 4 Z.4 0 014- 4) M 04) 0 a, -A 0) V k4 MT0 0 -'q-A I 41" 1001k4a rV00 0 41 0 V4 00.P 04 k M-4E4 0- 00 -.40 41 V 0 V N4 'a 0 -. 0 'q -4 0140 I >4 0 OM44r (a 0 00 10 0 14 40 o4 0L - 0'0 a) ' W-0 -W 64 P V 04 14 ,4 1041 00 0 0 0 14 440 0 5 10 %4 W-0 0. 0144041 0 0.. 00 0,lr 0,4- r- N .4'U V1.* 00 141 V0. V14 100 -4 0 041 0.110 > o r. 41 0.1 a)0 0A 0 41 4J 0 0 C0 -4410 z I ( W0 9 a a 4 a- III 1- 0 1,.. 0 'q S.0 0, o0 -4I ) C-A 0 0 ~ ~10 0~ 0 0 - 0go 4o 0 410.x 0. 9 4 1414 600 10 0 I4 0.0 A 0OW 84 10 z . 0 r0 '.03.0 0041 41 00r to 0 14 -'0.00 41 -40C r.014 -4 V0 0 0 0 440m 4j0 .0 14 w 1440 0 41. 041 0 0,1.4 10 0. Wo' 0 0." -. 0 0UW '0 0 14-. 4 01, -0 0 Id 014 1 0 0 a1 0#
Attachment 1, passage 21218732 .4 ,4 0 41 -41 -.4 10 J 0 .4 4 ..4 10 0 8 1 0 0 0 4 4 0 t Fedeat Register t Vol. . WNo. 67 /1 Pny,, April @,. t99 t Ntlices 04 0 4. I 0 .4, -4 '.4. . -4, A4 0 43 141 0k 0 e AA6 -j 4 00 0 H 00 0 C16 '0-. 4 0 0. !4'4 N - 4 4A 4 04 '0 V 0 r %A 0 4 A1 0 a4 , 4 ; U 0 A-If 40 V 0 >~ 0 0 0 0 OC0 4 4 0 % 4 V4 0 "-M m '-0 '0 04 4J 4 4 W 04. 1. 1J -4I A 0) 0 M0 0 0 r 14..J M A 0 4 in 0N Z. v 4 OWNu V 'Federal IhPater / VA ., No. &7 / Ffidey., April 9, 1,03 / Noties 18733 . I 0 za I r 4106 06 a164 010 E-4) .0 ;; 4) :1 4 _,I- En 0.-..4 m w P4 4.14 a) 44 F! 1 :I ., 0 . ; : o-. US ' 0 9: 0 00r4 450 -4 0 4 0 0 :1 0 0 - O0 0 0U) 0 V I o c ) I IV - C 4 454~ toV u 4514 W ---- ---- --- PI I .06 0 1 0I ,g 4 060 #a r A 4 4 I S' (D .0 '0 - -4 4 .4 0 0 -4 _0 o to 14 to rd 0 r 0zi 0 014r 0 0 '0 1 0 0 r00 0100 c4 a V U, 0 '0a 4J) 040 21 0 -A 01 V 0 %4.C 000F $.4504 .04k>. '440 14:o 0 44 Va00. 4 40 1 40 1 0 4 *0 4) 1 4 t C 440 0 02 4 0 4 I'll, w 4 a) f4 0 0,4 V % 0 00r41* -4 0 -1" 14 '0 0 ) 0. 0 0.04 It v 0 wVIA014 014 0>00.0 000 00 04 006 .1*0 0 41-04 4) 0 4 . 01 0 Fk -4 0 14 >,0 ,4 -,4 '6.4 -4 -4 c 0 -4 04 *0 0 a V 4.j0 o0 04 0 o10 00 $4 0 I 0 4c,1 0 040 0 .04 M-4 'A 0. 0 0 S o 6 .- 4 4 0 0 : 45 4 14 ,P.#
Attachment 1, passage 21318734 41 a. C0 Id0 0C0 -1 a000 04.. '0 04 go .0 0 0000 a -00 .3 4 90 00 0 0 fai 0 t 4 0 240 0 1. 1A0 > .0 u0 41-044 It k 0 .24U ) . A.~ 0 0 14 44 40 A4)14 .4.4 0 C. c * 1,4 0.41 -Federal Repster / Vol. 5, No. 67 I Friday, April 9, 1093 / Notices 1~0 .4 4. 4yXX #'04~ 4 4 ---- N -.----- 0 0 14 0. 0 0 .4 As .4 .4 i t, N, 0) 05 >0 -00 -006 A 0o 44 0 (00- to 4 0 -l 0v 0%, 4 0 000 0:4 .10 4 40 4 0 4A 0 0 0 4,0 1414 4 04 v0 ,4 0 co 410; 04 4 0 0.0 t0 0 4U A m 000 ") 0 .0 4 C 0 ,x 0 0 P. C4 ffl 0446 0 M0 -U0 .4 4 S400 440 00 -0 0- 414 -4 00.) 00 0 0%40 1 04.40 W0 4 I. I 00 V02 *o I. 10 4 14 4j 00 W 14 ''1 0 4) c 00 0 .040 90 0 0:1 0 4 -. 0. 0 04 1 .4 ~. 4 0 4c 0 0 ,4 r 0 0 4)0. $4 qU 0-40 X1H-4 0 0 0 fa 0 4CA. - 4 - 100 U"0.0 00 0 0 0 .4 0 0 0C4 %4 40* to00 0 .' 0 04 10 10 0#
Attachment 1, passage 214Federal Register / Vol. 58, No. 167 / Friday, April 9, 2993 i Notices 18735 screen continued EDGARLink will not the AdditIoñal Submission Fields Neault: & to stop 7 the Addittonal Entered son screen Result:" Go to step 9 The Additional Inforuation save the Required or Additional Information until the (End) key saved tha eras or are lus are Submission Header screen reappears ACTION/RESULT coth ude (ind eation of the submission header process THEN -0000i appears is pressed 3 19 1ON TO CREATE OR EDIT I BUBMISSION IEADER Continued _do last ioss0 09000000 10000000000000 0000000000000 000.000 0000000000000000000000000 PROCEDURE TO CREATE OR EDIT & SUBMISSION HEADER Continued previous the header (step i) 5=t'=6 hàve not been Have been added to __---- it pou press (Page Down] (End) April 1553 8TEP ACTION/RESULT $ 23 BOR JO CREATE OR ROTE A BOBMTSSION READER CODEÍRUAS PROCEDURE TO CREATE OR EDIT A BUBMISSION HEADER Continued {iling will be suspended when submitted to the SEC -Required Submission Information- J_ (a value for each selected field) 5=8=5 EXAMPLE OF REQUIRED SUBMISSION INPORMATION SCREEN: «TYPE>: 10-K «PERIOD> : «DOCUMENT -COUNT> Apríl 1991 BTEP#
Attachment 1, passage 21518736 Federal Register / Vol. 58, No. 67 | Fnday, April 9; 1993 / Notices Continued Values will not appear for proceed to Step i1 proceed to Step 12 proceed to step 13 proceed to Step 14 tags have been saved for this The Additional Submission Information Screen now appears so that you may add appropriate values to the chosen tags -Addítional Submission Information ACTION/REBULT All chosen optional tags will appear on an Additional the tags unless the values were entered previously Pastie: no reina each sected tad press (fates) -c-8 BOCEDURE TO CREATE OR EDIT A SUBMISSION IRADER Contiaued 10 Your next step depends on what you want to do submission type «TEST> : submission Infornation < RETURN COPY> «NOTIFY> <SROS> To fill In values for each tag: Stout urder chested values any of the required tag She optional godify any o3 screen without donneder <CONFIRMING-COPY> IP you vast to 500000000000000- NOTE: Bither Select: EXAMPLE: April 1993 STEP continued beginning at Paragraph EDGARLink saintains a list of the optional tags that may EXAMPLE of Additional Submission Fields window loz a Additional Submission Fields- select tage upta the ley (end concei i detection with PROCEDURE TO CREATE OR EDIT A SUBMISBION HEADER Continued <RETURN COPY> < CONFIRMING-COPY> «SUBMISSION CONTACT> tags in the list box. For a description of each tag needstry ARlin places the member or Unes a tag hos 5c 7 Use the arrow keys to scroll through all the go vith each subaission header type < TEST> <LIVE> «SEGMENTS> «NOTIFY> <SROS> refer to the tables in Chapter 4 Form 10-K submission: NOTE: NOTE: select: Result: ... April 1993#
Attachment 1, passage 216Federal Reguster / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18737 information that has been provided for each (the name of the SEC submission type e g: 10-K) (from the list box that appears the name of the subaission header that is to be printed) press For the PRINT A SUBMISSION HEADER option to work the notice Result: Pipt appears asking IS THIS A CONFIRMATION COPY This option allows a printout of the created submission PRINT ON must appear in the blue bar at the bottom of the screen No attempt should be made to print submission headers until the S 16 1 CONFIGURATION REQUIREMENTS POR USING PRINTER WITH AUTOEXEC BAT file has been edited as described in Section 5-A To receive a print out of one or more submission headers ACTION/RESULT * Sesult: Phe Print Subids on Headers (5) reen appears 5-C-10 (The PRINT ON value is established at the Modify User s S 14 2 PROCEDURE TO PRINT A SUBMISSION HEADER and press [Enter] 15,10 BOR TO PRINS A SUBMISSION HEADER 104000400000 0000000000000000000 (Enter) EDGARLinK Configurations Screen) follow the procedure below: At the Create a Submission menu paragraph 5 3 2 2 Either Type CAUTION: April 1993 STEP or assemble From here you may You are returned to the Create or paragraph 5 14) Pressing (Y] Will return you til optional tags for a speciese submission header create additional submission headers or print the a submission (Section 5-C paragraph 5 15) You are returned to the Additional Submission ACTION/RESULT ..... $ 13 dOM JO CREATE OR EDIT & BUBMISSION ERADER CORtÍDUed PROCEDURE TO CREATE OR EDIT A BUSION BRADER Continued Edit a Submission Header Menu Result: You are returned to the Required Submission delete or lodily any of the optional tags: To guit the submission header process without saving the Result: A nessage will appear Do yoi want to pust this 5 c 9 (Section 5 C 12 To modify any of the values of the required tags: Information screen (Step 4) 11 To save the submission header as created: Pields vindow (Step 6) are saved. beader (Pg Op) (72) Menu. latest changes: Press: Result: Press: 13 To add press: Result: April 1993 STEP#
Attachment 1, passage 21718738 Federal Register I Vol. 58, No. 67 I Friday. April 9, 1993 1 Notices VI V 0 4 0 ~ 4 0 o C 41441 -- 0. 14-4 4) a CC 0 g A.0 10 ,1 0 V 1P 04 0 S.0 a 0 14 o .- 4 g. 0 a 'a M0 1 4 0 4 9-c A P 11; - E 0 0 .0 o4 "° 0 0 u p0. 6 0- .4 a444 0 4 1u o 1 0~ c( )0 4 .6 C to 0 4 4) " 41 0' a 0 0.a 0 'I% 0 W--4 M ,,j 0 0tG . .++ Au 6+.+ - >4 0o 4.0)i - to G i '104 A0 C 0. 0 r 21 4 041%4 a 00 a _00): )It 1* 01 ,0 ME 0! z 48z) !i !W a~ U) 14 0 Pq I+! ++ -:0'Ea _3 0 '' it tt: U... f, N0o 61 40 H 0 0 1 0 -" 44W 0 * '-6 . l*.0 " .,- I to 0 I,-'k 0 % 34 W. -. a A ,a 4a'6343c 5 , i , 0 0' to 10 4 1"4p 0k 4 0 60 *"+-Z4 .4)- 4 ,- *.4 .- * 4h. - 4) ,.. to . g..o+ g 0 0. 4') 0 9 0) - m12010 1 . 0., M4(4 0.Qa do4 41.4 a ' 6 C, is 10 ". 3 ,0 0 3 '004.4 Ol vi a* u' P04 0 I4 a , ( 43 .4 10 %4 V - ( 4 04 1 . 1 1 034 14 4 0 *404 R 11 ;4 841Ot4 a 00 k 00 t4'5 q 0 W 0 4. A4.4 Q 00 '0 -4000 4I I 0 4 a4 0: 44 '00093 44 V- 04 of 4 0 to . 0 04 -i t, o . 0 c 0 0 IC 0,, 0, 4 3 .4 0 .4- A 0 14134 005 I'0 94 -4 A>)( 4 0 (4 0.40 4..4 0 03 (4 0 .4 ' -4 0- t.0 14 1 .40 0 ' 4 4 .0442 ,,4 0 '-4.,. .03,,,, 6 ,, ..- 9C oo ..- , 0 . ,40 .4 1,4 ., ,. 40 g 4 04 , , - 0 0 0 10 413 a~ 40 A. 4 . 0 - 4 0 .4.-.J41 . -I 6 O 4 GA, .0 4 j. P4 H 4)4 0a -4 C 0 11 40 :1 44) K 0 V 0 0 lou) ~ 4 o.0 x ) " .0 (1 i 0 "6 .0 00 404 C ( A 4) 4 0 HU0 4.. (a 10 HIO .4 flI us k V m .- H a 04 ,49..4 W0 9 . 0 0.- VP 20 ,4P 0 0 t 01 H 44 Lk 000 0 14 4 ..-- fO 0 w4 00 .4 4 40. P a 4 0 111 0 M - 00 a -1.- 000 34 0. [9 . 4 40>4 06 M 4 0 Q600.. 44 0 u 0 0 0'00 r ). A j 3 0. 4 0 0 0 .0 -0 4 -. 04 90 0 00 W0IS4 0 P 400 4 .r A 9- 4 V 0440 M4 06.3 6441 40 5 0 4 4 -4 H0 A44 4 % O "0 a .. 4 0.4 . 14 0410 40. 43 40t W4)0 M 0 40 4 M >1 44 04 3.4 r 4., 1044. 4* 64 1140 4.44 34)' Ma4 434 0 0 0 4 4 340 t~ 4 )4.44 Q0 . 0 H M 0 14 4 0 14 r- 0 4J C 43 '00 H4 AV 44 04) %4 A M 41 # *00. U II 0 .44 .C@ to Q 04 .1) %0 a 41 414 1 0 0 414 0 104 W00 1 V0 43 -1 G.04 M f 0 44 0 00 N .04 4 0 0 0I - 04) t 10.40) -. FA V 1 00 4 H0 4 " V V 0.4 to f"A I 0 0 . 24 00 00 14 14 E4)r)CcIA 0 4) 14t. 44)J 0.4 N4 904 . 14. XO 14- 14 0.)0 0 M -40 H- *'4 4 0 0 0 30 0 1.34d.4 "9 s (. OL V 0 00 0 4 4 3 4 0 C~" If.4 r . a'6 19 4 t a~ 0 94 44 0- 4 U ) 04 0 w %4a'1 00 J to 4 4J 0. 04Pa M 3 44 m 1.1 0 u- 4t 03 .4 06 CIO 14 44 0'e t 0Jo M In t t Wt o% 4 4 0 0 ld.4 4 4 .4 0 4 W 4 0"" 14 lH 90 0 4H4A 0 A .4 t -1 a V N 44 e wo d_ 4% 4 W . -. 3. 4 to4 e34 4 n 1 0A4 E-4 44 90 4 U4 H0 -- 4 qj 0 (*6 V4 0k 0 0.1G Xt 0 41 0#
Attachment 1, passage 218Federal Regıster / Vol. 58, No. 67 / Friday April 9, 1993 / Notices continued follow the procedure type the new path and file name the cursor positioned at Enter Submission File ACTION/RESULT * Seet: TeAse Submission De seen appears with for later transmission to the SEC) press BLah to have the ale deleted an overve enter you screen and the cursor 1s posstioned ate tor EXAMPLE to store the output on a floppy diskette: File Camand the cursor returns to Enter submission Result: The path name of the output file in the ELINK 5-C 18 00000000000000 = 15 GO TO ASSEMBLE A SUBMSSION Continued S 15 & PROCEDURE TO ASSEMBLE MODULE SUBMISSIONS Example: REPORT 93 Bubmission Type [Enter) At the create a submission Menu user s configuration A: | REPORT 93 Result: below STEP 00000000 2 Type: з туре: April 1993 This optional field is useful to identify the subject of an (descriptive information) press (Enter) ACTION/RESULT The Message Area of the Assemble a Submission File screen 1) Deing bulle Name (the name of the whole subsission 211e Document Type (the type of document that is first in (on tong the badas on Bead and appended 3) taded Pile one Dos tile name of the document that 1s [Enter) to accept filled-in value Rave been added to the subals on appropriate documents Result: You are returned to the create/Bait a submission 5-C-13 PROCEDURE TO ASSEMBLE BUBMISBIONS NOT MODULES OR SEGMENTS Delect: (To type document to be aded to the now contains several items of information: another document first in the submission file) -•. 6 For the first document, For subsequent documents exhibit or correspondence (Enter) Pile Hame 4) Number of documents added Press: Either Type: Or Result: Press: STEP 0000000 Continued April 1993#
Attachment 1, passage 21918740 Federal Reter / Vol. 58. No. 67 / Friday. April 0. IMf" I 1fr.n . 4404VaCID 0 0 AN a b * 4 0 - 0 a 4)AS 0 O 0.0..0 -4 tf @0.30 0 l hi 0 0. 0 0 @41 45 0 a 0 4 0 ID *0 0 o 454k . I 0 - t14 , 4S. 0. - Ill I00 I • , 4 0 0 4 0 4 44;45 0 I 6 0 C 945 0C -,4 aU "4 0# '..44 E O o 64J90' 0 3 .4 0 .4 146 o. 1 0. 'o , - to 0-.,4" 0- r 004.00 V,Q 0) 0-6 A 4 4 j o *C*444 4 0- 4 0l, 44 02€ :1 00 C w0 14 00 0 44 SO 4 40" *A. 0* Ui q. "I>.a0V" 1. 0 00 0 2j. : K. 0*. 0 a. 4) 403 i 0 ; C6 0 l ..#
Attachment 1, passage 220Federal Register / " Vol. 58, No. 67 1 Pridary, April 9, 1993 / Notices Continued follow the procedure EDGARLink assunes the The Assemble a Submission File screen appears with the cursor positioned at Enter Submission Pile Assenble a submission Tile, press (Enter) (the DOS {ile name for a new output file that will be created to hold the complete subnission lor later transmission to the SEC) press disectory appears in the Massage Area of the suralind fye cursor is posstioned at Eater ACTION/RESULT 2) Il the {lle is not to be stered in the default subeiyactory WILING, type the nev path and illo name uLt: to arore the output on a floppy diskette: Resid: me path name of the output elle fret tex 5-€ 18 6000 3 15 5 PROCEDURB TO ASSEMBLE SEGMENT SUBMISSIONS Example: COUNSEL 93 (Enter) At the Create a Submission Menu user • configuration 1 Select: Result: = Type: MOTES: (still Result: 3 Type: belov 8TBP Apr11 1991 (a description of the module) and press (Eates) ACTION/RESULT (Eater) to skip the description field 9 Il additional modules aré to be added to the submission complete proceed to stop step10 & then the submission is prat, saited or dant to the say to be ertor checked (End] to save the submissión file 5-6-27 S 15 1 PROCZDURE TO ASSIBLE MODULE SUBMISSIONS Continies $.13 EOM TO NOBRABLE A BUBHISSION Costinued Menu. • Type: Press Result: BTEP April 1993#
Attachment 1, passage 22118742 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0 0 0m '0 .- 4 0 $0 a.0 0 0 4 0 4 V W 0 o -. -4 14 14 >.1 .0 0 %0 4j - :90 00 0 w4 00 V14 -4r Ow 140 .4 * -4 - 0 0 4 04J0 %4 00 0450 -4 . - A4 45. w0 0 -0 40 ~ 00. 00 0 0 V 0C 0 0 00 V 44 00J 0 0 .O 0 .4 4.514 k -4 lo 4' 0. 0~0 -41 1 0 04 0to0 01 4j 4 45 0 0. ;w 04.5 4 0 1 0. 0.1444 w 0,0 94 40 45A4 0 * ~ 0-4" 4 .4 0l t.o .0 0 0 00 (a V 0 0'14 5 ' - A~040 to544 1. 40 0' 4 0 0. 06i V0 LH O re- -40 0 0 O00 ------------------------ 0 4 C. 4 0.0 H.4 0 00 04 2 I I 00 .0 129 -40 40 94 W. 0 01A- Ow C 445z ..... N ................... (.,- -( 'o4 -4 0 C-O 0.71 0a 0 (A04 20 0 4.5 r 0 0 40 H 4 0 01 H 14 4 4 0 0.09 W0 0 >1 '.4 E1 toV4 .0 00 k -4 k A 04 .0 C 4. - 0-4to V9 q% -0 0 M0 4) >. '-4 -4 H 0 a) %4 -4 0 .4 t 14 4 004- Ou 0001 45 4. 0. 9x k- %4 V4 0 (A 00 41 r 14 MV 00 01 0 - 0. A. 0 00.0;#
Attachment 1, passage 222.. 4 .. 4 0 .0' 6q. 4 44 . 4 0 0 0 0 "0 0 ti 4 U% 4' 00 0 0lo -.. 4 0 04. 4)> 0 0 0 0 14 04 0 .4 4. 0 W,4 W tlt H4, V4 0 11 0N "4 04i ,4 0 " IM 0 0 .4 4 :10 a V _4 01 '0 0 00A 4 0 0.40 ,4 0*0 .40 40 06 V r4 40 6k 00~ 40 .-4. 014 00 0. 14 a)41 c0 0Z u V4 r.4 C~400 440. 4. Federal Regisder / Vol. 58, No. 67 / Friday, Anrdl 9, 1993 / Noticem 04 t 0 1 0 to~- - rZ" 0 00.6 0414 A 0 460 S0 40~ 43 r IA .144 4 If 4 4 4.4 > 404 g44 14,Ie 00 2' a 0 0 T* I" 4 mr00 42s 0 USO to 0 '0 .4140 ~-~1 1 ONc . k4 i 0 0 o 41 042. 0.40 44 0 0 ' 0 A 0 414 0 00 4 C4 0 0 .4 0 r 0 -4 0 40 0 .-0 VE400 I0OA -1'sI 4 4 .- S 0f4 tR74 18743 6 6. - .~ .- 0 -4) " E4 0 -g43 g-4 > 0-44 0 1 4 4 0 4 0 0 433 144 c 4 a .0 Q ).1a% 0 a41 0 10 aa 044 0 4A Vol) 0 .00 If vt tic.- 4 -4: W,, . A a 2 I , .4 4 V0 4.4 1 4 0 00 0 A a -' oa 4*O 0m. .4 -,40 10 C70 3.4. 60 A 4-t 11 0' >. 0.0 .4.0 0 O ' 40A .4 44 6..4 nu#
Attachment 1, passage 2231 R744 18744 0 0 N0 -A4 0 a:a o0. o 0 4' A0 14 A -. 4 0 -404 0 a 454s >:> k- 0.'4 - .40 41444 a .- A4 04 0.0 1s 0 Federal Retister / Vol. 58. No. 6'?-/ Friday, April 9, 1993 / Notices Federal Razister / Vol. 58, No. 67 1 Friday, April 9, 1993 / Notices .4 -,4 0 0:3 W z 14 P0 a 0 -'40 04 0jC .0 r0 04 0 u 4. 00 00 -4z -A0) 4 04 0 P: *4 0- xO0 0,00 r 0 00 :4- 4 P.0 00 .0 04 4 0 r :0 94 .0 v 0 0 0 '0 V~ V: 43 004 04. 0o .0.- - 14 0.0 In 0 1C so $ (A 0 0 0 .,4 -4 6-4 40 %4.. 0 H. 0 0 ' 0 -4 0 130 04 o 0p 43 #-4 ,4 V04 0 C4 -- 04 -4A '00. 0 0 V43V 14, 9d0 r 0 >J34 -'4 > 10 ' -4 u 0 0'- 00 00> 00. -40. r 0.. IA 10-4 -4k :3. 0w 4 0>. '0 0 -A a 0 W 0-14 '414 94 4 4> 4j 0 '0 0: 0-4 -of -1 IV 10.4 0.0 0 4 k r C 0 0 -A. 0, A.0U r 04: FA 1 ' 1 V It 0 '4) u '0 4 0 0 VI- 4 4 4 4.1 0 '0 14 fa Ow4 40'40 0 'A 0 0 1400 1-4 0a 00 0 u 0 1 k-4 1-4IZ -'-4 0 0j in 6 0 0 4 (A -4 -,4 0 0 06 'l 0C 0 . 0 ' 443 0' V' 4: 4 A -4 4) 0 0 0 Z 4 0 P: -0 V 0 0 41 m4 40 0 00 044w -4 4 0 40 0 x00 t4-4 43 03 00 '043 4 Z#
Attachment 1, passage 224$4 084 0 048 t 4-410 0 0 0- 0 040 tH 0 -40 0 6.- "0 0. 0 :20,0 COO 0 "43 r 0.0 -A4 -4-4 (8 43 -o4 '-0 00 0 4 0'00 - ffU Federal Register i Vol. 58, No. 67 / Fndav, April 9. 1993 / Notices A N . E4 v0 0 04 ~80. tp .0 S e4 4 0A 00 01 488 0 01 Rai 0 004 *0 0 t84 0840 046000 v0 do .4 '0 Is. 41 A 10 z ~4 410 018 42 0 480. 806 00 0 do0 W80 0 r k- 05 00. O4 4-H 4 84in do 0. F.43 40~U 00 (4 0 0W-4.0 %.4 H. v a. 0 10 6 :1% '0 P 0 40 643Q 48>. 0 0 01-1 0 0 400 > * 01$4 0 0.40 1A U.4 WO4) -.4 4. 0 u 00484 A. &4 14.- 004 0. 140 -,4 v3.. - 0 0 V 16-84 0 0IV2 0 0 t,4 .- p 1 Rq4.q 18745 o b 44 %4 0 0 '0 3 H r 0 0 -4 ( 4 01 0 w 0 4 r0 >r S48 0 '0 4 0 40 ,3-. 0 0 '0 0 .4 0 0 -4 48 00 $4 loo 0 -40 '0 48- 0 14 14> 00. 0 0 v840 -.4 '0 040 #0 0 A. -. 4 V00 48) ~.4.4 0 0 C1 00' 0 "I' E4 .443#
Attachment 1, passage 22518746. so 0I0 I u aM 4 0. 0. r.A 4) 00 141w 0 41'4- 0 C) -4 -. 44 04 Or- fG10-. 0 Federal egsor / VoL 58, No. 67 / Fday. Aprl, . 293 t od 1 Q o .. u 4 ' -4 0c VO 0).,A H 0 H 0 4) M 0 0 0, z 0 H4 0 H0 0 ,0 . .4 0 to 4) 14 >14) 0 4) 4 1 14 :3 0 'a 0 41 40 0 4 m0 40 A) 0 4) 4 X 'A to .- 4 0 0.00 4) 14F4 41 41.4 4 I.', lu tr -4r 1 '4.I a . ou .0-:14 A 194 41 -4.0' 31.1 , -4 14 a 0.4 04)V 0)41) m) 0 4 00 M 0 %4 4. 0 4j 4)'V) 0- 9%4 ')- '4- :1 0, -4 0-4 NI 0 w. w 0 3*0 144 44114 a 4) 41 9)0 041 r-4 0 > 0.-H4V .-4 . 4 4V 40 0.1 Q14 M) -4 9 4) -.0 0 4 -4 4) 413 0 .4 4 0-. a41 4 0 0 -4 14 4) 0- 41 0 014 41 ------------------------------------- .> 4)% 4. -4 43- 414 0' 41 p 0 41 0 4 4) 0-4 ,r1 4 M. *4 f 4 )>1 ~0 r 4) 0 -44 -4 44-V4 41% 414 144.V a, 0414 0. 14 00- 41 4144 4 SH -4 u o a-ia 05 Ha 141 oa 4140 .0-4 Q.. 4 .144) 00 40 I 0. 14 00.14 -4 M) ;; 41 -.4 to I.0 4) - 140 1041 10 a~4 * -.4 0 a11~ MS 1414) wa4 I z 4) r * z 0 0 -. 4 , 1.. -4 IZ4 0 ,' . a o . . o .) 4) -.4I I .. a -4 o 0. 0 -- .I-- - - - ------#
Attachment 1, passage 226Federal Register / Vol. 58, No. 67 / Frıday, April 9, 1993 / Notices Continued See Chapter 3 the default (Fi] sor Heip •••• positioned at Enter Submission File Name field To use the suspension message received by E-Mail as the Error • Me Sae Error Pile Name Field (Step 1 below) enter the paragraph 3 6 of this manual for procedures for accessing and the message must be downloaded to your PC downloading E-Mail messages and follow the process below : record the dos file toe given to the donloaded To open an error log and a submission follow the procedure naravid trident see tension ACTION/RESULT 0000000 ---EDGARLink Correction Editor-- - - Message Area- 5-6-30 5 19 5 PROCEDURE TO OPEN IRROR LOG AND SUBMISSION TO BE * Sesult: Che t011orng treen appears with the d Enter Submission File Name : Enter Error Pile Name CORRECTED At the EDGARLink Main Menu below STEP sauce April 1993 *-Ste instructions tell the • ERRORS T NG 1S The Submis never inhe missin : As noted in HOW TO CHECK POR ERRORS IN A FILING errorS identified during pre-validation are stored in an error file The file has the same DOS name as the created submission output DARLin plays an error and alcene fit to east the Should the user enter the file name of a submission prepared user that corrections to the submission must be made using the 3.39 3 TILI EDGARTIDK BROWSING CAPABILITY IO CORRECT ZERORS IN A / 5-C 29. •** • ERR extension When the option CORRECT selected EDGARLink compares the error file against the 3 19 1 SOME ERRORS CANHOT BE DETECTED BY IDGARLİnK The user may 3 19:4 8OM TO USE BUSPENSION MESSAGE AS ERROR LOG In addition to identifying errors, ille vithout saking cuners in DARLIn 5 19:2 CORRICTING & SAR TILINGS may be used as the Error file lile but with an submission file custom application using EDGARLink April 1993#
Attachment 1, passage 22718748 Federak Regider / Val., 5e , No. 67 / Frniay. April 9, 1993 1 ai ------ ---- -- - - - -- - - - - -- - - - -- - - --- 1 0)> 0 r U 1 0)-r 10 I u I!0 0 La 0 H AWA Z A 0. :c.4) k 0 -4> '-0 41 0 0.- o0 0- 641 41 x o -o 00 0-. 300 4'dd 0 26. I A A - A (A) U) W) '0 0 o-'q M.40 W)0W E6 04. W U-. 0. 00 v vv vv vv vv v ,40 2 A40) r.:0 -420 0 ZH 12z 0 0)0 I t c 0 0 t-4 6.) to 0 60 M4t 60 :3 0 (A is a) '0 -,4 ) 4O o -A S4 a)O 004 041 -4 -4 0-0 .40, 0 4J 0 H *0u -. 4 a-4 O4.4. OA W h-4 '.4 0) Q .0 H0 Q-4 H 0 A) O').4k .4 004 -. 4 0 4) 3c 0.4 H0 r4 4) 6 4 )~ d %4 1 M- : 4)4v Ow .)0. IA 1"9 0 0 a) 14 -4 0 t -4) U k-. W 0) 64 au 0 44 64 0 0 0) - 4., 0 40 004-#
Attachment 1, passage 228r -4 -4 -r4 ox 0, I-,4 as .4 410' ! U 0 4 1' IS 4) * - 1 ,.0 0 -,4 0> 0o 409 0 .40 -. 443 Ct -0 -4 14 0 41r -4 Federal Register I Vol. 58. No. 67 / Friday. April 9. 1993 / Notices 18749 4) >0 0 z 1' 0 t0 0 0 IdI C 0 0 40 0 . U~ 0 034W x 0 90 ~ 4 -- 0 S4 441 4 0 I 0 hi 0 -4 0 & 140140 .1. 414 or 0 4104) 40 4) '4 41410 1:0 > 04- -4 04 >. 144 -4 -43 140 a.' 4)* 0-4 0 4 k0-0 34 '4 0 0 40 4110 Q-4 041 r 1 0 a0 14 00 0 0 0. 14 0 41 . 0 r V A0 3,..4 41-44 r 0 ;j 9 40C .0 0W 4) >0 (a 10 r 4 Ono 41 01 0 43 0-4 A 0 "'4 41 .1 -4)0 s1o 41) z 4 00 -4-4 ,.. u 4001 14.4 0 W to 0 "41 :3412 Z 04 04 - 043 434 4 04 4 AD b. u0 0-4" 0'0 0 ? 0 43 14 414 34 00 01$414 a. -441 041 -X " 4 A 01W A: V 4 14 41 .40 41W U 14104 0,4. 0) -44 0. $44 Z.4 %4 0 -4 40 14 IX Z .4 04 '4 0 1 O ) )I 0 4) >000 4A 04 MA C0 4 0 0 14 40A' 4 .. 4 p. 4043 -40 40 410410 4.0 .1 4 -4 0 00 V. 10-4 0 p2.0 0 00 0-4 0 00 .4 0 U- 00 04j 4L 0 1 P4 .40 0 4 %41 .004 4) 41 - 041 409 C -4 Q0 01414 -4 01 k. 0 1-4 0 0 W0 A 00 40 -4 00 W 041.0 -4 0 -4 00 V 0 -4) .4414-4 0 40 41 0. 14 0 m41 E4 -4 0 4' %.4 -4-4 0. 4-4 r4) 0 '0f 414100": 0A 090 041-CA4 44 41' C -4. 4) -4 * .4* '0 41 0 -4 -4 A 2 '0 0 40 0 41 14 14 tu 0 0 14 :0. 14 1441 0 a36 4-34 433-- .0 0.. 410 0 -0 00 a>- 00 -- 4 000 00 0%4 444' 414 C. '-00 O'0 -V %-4-40 % 0 41#
Attachment 1, passage 229"'750 Federal Register / VoL 58, No. 67 / Friday,- April 9, 1993 / Notices 0 A 04 0 0 040 14 00 4 0 0'A 0 S0k 40 0 r 0 A 0. 4-4 0 u 4l4Jr C 0.0 0 1-4 -4 2 >0 0 0PO "4 0' 0 0.0 004 00r. 014 $40 0 r 1.4 0 1 0W V J> 0 44 >0 " 44 004 . 0-0- 0 0 4 04 HO 0 10 01 a 0. 04J M0 42 0 0 to~H A VC 0.01 4j0 14 00 $14 .0 00420'a ' 0 0.0 0. &4 0 N 00 0 1 4 0 00- 400 4 :j 0 0 r.0 00' 0 0 1'40 00 M a to 34 C 9: 0 a , 42 0 4j a 14 0 0 14 "4 4 0 00 0 0 42 C 42 0 -4 0 000 W -4 14 04 $42 "0 C 2 14 V r - 4 0 1 r 4)4 0& to 4 0 th 0 0V a44 10 %-4 0 4 4 h I 0 .,4 1414 00 0 0Ok V 0 0H *- 0 r0 3 r" 0 00 .U, u ua 0u .. 42 z 0 0 0 0C m14 '4. 0 -A 0"4 0 42 In#
Attachment 1, passage 2300 000 0 0P 0)4 00 4 004. 0 Federal Register / VoL 58, No. 67 / Friday, April 9. 1993 / Notices 0 48 0 0 0 -4 1 t0 t 0 V 0) 0 to' 00 .4.- 20 0 0 84 . 0 E -1 4 0 •,4 4&J 0 u 0 0 0 O4 0 0 4X .14 W0 o aw 0 '0 0 0u > 00 0-6 04 >4) 00 0.0 e 04 4: 4)'000 '4)0 0 -40 0. . r.44 4. 84. -. 4 -.4 0 014 4 .0 a ~ ~ 0 0 4 0 w r44 0 w-44 0 $10 0 ul 4 o- to to 0 -O4) 0 r0 18751 -4 .40 -08- 0 4 a 2 -0A1w0 0 .4 00 04 .4O0 64 k k : Ik aV 0 4 00 '4 440V 04 0. - 10 Ir. ;-. I u81 0. r-:i0 04 0 10 0 0 w04 4 0 4 .q oj O,,014 4 0 0 0 0 Md 00r r4 • .. 6O 4 e..-4 4) .4 0 0 4 " : 1O 0 00'-*14 4 J.8 4 0'J 4 a4 40V 0 00140 40 14 0 4 44 -41 -4 a 0 3 101 0 4 1 .44 0 v0 04 044 -0 (3 0 FA 4' r-4 4 4 43 00 0 B.4 I I 0 V0 0 1 14 0'0 14 4 0 40.48 1 f 0 4 .01 4 0-e 0 trb to 14 - 14 I a.4400 -4 A 0 ;.. 01b u4 1 .- O 14 410- 64 -a '40 414 4 a t4.o 4) 0 4401 > -d 0 04 400 .04 0 Z 01 0 ?A0 10 H.8 ~ 0 0 q )0. 0 C.0 0-4- -00 .1 4 0.054 0o 1 A a M CS ~ *~0 r r14a .4 -24. 0 O4( 0 V 02 V4 4A0 00 a0 t 4A80 040 4 W~- 314.40( * 4 4, 1' 6 0 0 00 4 '440 r '0 0 0 t O 0 10 0044 v a8106a0 1- 14 4~~-A- H.O0. 0 4j 40 1 0 0 0 00 48 14 r - -4- .4 0 4 08. 100, 4 0 02 0 r 14 00 0 0 0 '0 0 C 00 0 14' .4 0 . -1 44 14 . -.4-4 6 0 '0 >44 '048 0 0 M'4 VA %0 %810 414 H 4 40 .4 0#
Attachment 1, passage 23118752 Federal Register / Vol. 58, No. 67 - Friday, April 9, 1993 / Notices i fI I I I I I II III m 0 H 0 0 0 H 44 u -40 -44-4 0 440 O -0G 4 0 S44 k 4 40 0 42 0 k ~ 00, :;; &4 QH -,4.X U' 10U 0. P, 44 P. $ C -490 Aw 14 0 0 42 4 0~~~~ H0 I' -4u "m a 144 DI r u . 00 " ' 0 '-4-4 H 0 .,1 041 4 ' 4 m 4 0 *'4444 4C N .44 44 .044 0 11: 0.00 I4~.i 0.04 >11404 424 to P.. 44- r C 44 -4 9. 0 ,4-- 00 kE.,4 . 0 44) 5. I - 4 ,o k .00 0 I >0 1 0 I -4 k 41~ I r 40 14 9 0I 4444 P1 Oy4 40 # . 424 >1 0-4 ------------------------ ----- - I I 1 464 C240400 40 0 4A to '0 2 C WO-H. 00 n ~ 4 43 (a 4 4j -0 444 004 0 0.- to H -4 4 44r4W. ' to0 1 . 0 a 0 fl.4n 0 0 W44,AA & 4 44 '4 4 004 to 40 4204 .. 4 -40v44 ou -4 A 04r 0 0 W ~0 0 4 4 -44404 04 00 . Z 04 -0 %44 t H.k I go~ we2" Q* '042 0 4 '00>. 0 40-4D ) u -444 C. 0 424 p449 h e0 04 44.-I H- (4 4 r-4( 0~~~~~ '.'1 0 w -4 o 4 ) to 0% 4444 I 5O 0, 5 " 40 o Io 5 Iu 4.- Am I -' I * 0 5 i 1 -. 5E~ ~ ' *' - II.- P,, 0 1o - -4 A 0 0 > O P 41 9 11.0 AC 11 w14 1 04 50.0 44441 V 0 . 4 . I 44 1 4 1 1o ,> oS 44 A 4) P . ' 41 W I Sj C4 00 Aj14) 1 ............. 4, 40~4 (4. l V 0 4 -- I 100 4 0 4-4~~ 444, H 44( I 04 0 1 I Ao a4a.0 -4144 14 4 1 4IH 1 H: 5l 4 j- 40 to ~#
Attachment 1, passage 232Federal Register / Vol. 58, No. 67 / Frday; April 9, 1993 / Notices 18753 Continued To send a test Illing to the SEC follow the procedures below ---Message Area--..-- ACTION/RESULT 1 Select: TRANSMIT TEST TILING TO SEC press (Inter) Result: The toned at Ecter files to n8a necursor moroom-Send Test Filing- A separate notice vill be furnished when submission is accepted/suspended in | 583 1 PROCEDURE TO SEND A TEST TILINO Enter File(s) to Transter Estimated Transnission Time Bytes Iransmitted So Far Estimated Time to Completion Pile Transmitted EDGAR Receipt Time Estimated Bytes/Second File Size ------- April 1993 STEP Test the telephone numbers in the filer s the user may transmit additional it means that no E-Mail address is on and acceptance and suspension messages will be serves as conmunications software and Filers are encouraged to submit test filings to the SEC or Inspens one Message dill be returned to dien When a submission is ready to be communicated to the SEC the content of a test filing will not be reviewed or disseminated configuration in order of filer-established preference, and restarts the transmission automatically if there is a break * EDGARLink remains connected to EDGAR for up to 5 mínutes after submissions or access code changes vithout receiving a prompt 5-D 7 the purpose of test filings is to give lilers training whon acceptance and suspension nessages vill be sent • • • Compresses the filing to reduce transmission time TO BEND & TEST TILING : opportunities using EDGAR procedures the following: the SEC using (During this period • Upon connection to the EDGAR system returned via the Postal Service notice does not appear, "suspension" EDGARLink software 5 23 HOW accomplishes to provide a file at the SEC April 1993#
Attachment 1, passage 23318754 Foderal Registor / Vol. 58, No. B7 / Friday, April 9, 1993 / Notices continued transmits the a message will appear on as the following exanple (password) press file to the SEC EDGARLink transnits the file the filer of the E-Mail User ID to THEN Type: Result: to the SEC (During this period the user may transmit additional submissions or access code changes without receiving a prompt to tite at the soc and acceptance and suspension nessages will" be in orbed or the status of file transter the following exa 5-D-10 which acceptance and suspension messages will be sent $23 FOR TO SEND A 989T I DO Continued PROCEDURE TO BEND A TEST PILING Continued 2) Upon connection to the EDGAR systen WHEN EDGARLInE IS connected to EDGAR provide a login CIK or password) the filer • screen notifying Inturned via the Postal Service BTEP April i993 press continued re he essage a window ¡the deranse is clink /n your tiling directory ACTION/RESULT 40000000000000000 (name of output file(s) to be transmitted) Ile nates are listed seant by cranission 1f their SUB10 K FIX SUBS 1 FIX, SUB10-Q FIX transmission is limited to the number of file names you can (82) and with the filing directory displayed bate in compresses the filers) for transnission 2) The number of files that can be included in one fit in the 45 char cter field on the EDGARLink screen (path for directory you wish displayed) Screen Type Result EDGARLink prompts for a new path 5-D-9 S 23 HOW TO BED & 18ST PILING COntInUES PROCEDURE SO SEND & TEST PILING Costiaued file names are listed WHEN EDGARLIDK IS not connected to EDGAR EXAMPLE: 2 Type: Press Press: Result: Type: select: Result: April 1993 8587#
Attachment 1, passage 234Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18755 continued the telephone numbers in the filer s the user may transmit additional it means that no E-Mail address is on and acceptance and suspension messages will be TRANSMIT LIVI PILING TO SEC press [Inter) The lollowing screen appears with the cursor When a submission is ready to be communicated to the SEC the configuration in order of {iler-established preference, and Restarts the transnission autonatically if there is a break EDGARLink remains connected to EDGAR for up to 5 minutes alter submissions or access code changes without receiving a prompt Upon connection to the EDGAR system a message appears on the positioned at Enter File(s) To Transfer: filer s screen notifying the filer of the E-Mail User ID to Io subnit a filing to the SEC follow the procedure below ACTION/RESULT À separate notice will be furnished when subnission is accepted/suspended --Message Area-- 5-D-12 EDGARLink software serves as communications software and whom acceptance and suspension messages will be sent : Diate into the sec uing tee telephone nabers Be LOG OPEN (During this period to provide a login CIK or password) returned via the Postal Service 5 26 ½ PROCEDURE TO SEND A LIVE PILING notice does not appear At the EDGARLink Main Menu File transmit ed Transfer Estimated Transnission Time Betinated bytes/Secondletson accomplishes the following: Bytes Transmitted so far Select: Result: EDGAR Receipt Time 00000000000000009000 : File. Size Aprİl 1993 STEP [F1] for Help : May 29 1992 02:42:47 pm EASTERN : 80B10-X 8IX 8UB5-1 TIX SUB10-K FIX that are interrupted during a transmission to --Message Area- .... ACTION/RESULT Electronic messages will be returned to Compuserve E-Mail ..oooo-Send Test Filing-..-- A separate notice vill be furnished when submission is accepted/suspended LOG OPEN : PRINT ON : EDGARLink has an autonatic restart capability for file 5 D-11 PROCEDURE TO SEND & TEST TILING Continued Time to Completion : Press Any Key to Return to Main Menu Enter File(s) to Transfer Estimated Transnission Time Bytes Transwitted so lar address: 12345 1234 Estinated Bytes/Second File Transfer is Completed File Size Version 3 0 Ap+11 1993 STEP#
Attachment 1, passage 23518756 0 i 42 00 .-4 4 44 0 0 C4 0-4 Federal Regster / VoL 58, No. 67 / Friday, April 9. 1993 / Notices thC 0 ) w M. r66 014 6d0 0 S 42 -4 0 0.0 k0 M6OE -4 w *-4 0)4 $4m 1 64 0 0 0 r0 0 0g wo 00 ... r -4 -M -A 0) 4 an 14 60.I 420 04 4, 0 .: 00o 0H I o.0 6r 0 0r 3 04 06 >-t- -,. Ok C6 9 -4 tra z . g o .0 42 0 00 Zk A-.4 1Z * 14 A 0U4 I 0V 14 0 .1 0 1I 0 1 04 .*0 0 40 14 k4-40 14 -4 ix 0. -4 0 0. V 44 44 •.4 0 44 -u .0 0. 0 M . M 0 0I~ 1 1 MA. 0 M -4 tu 0 .0 9( 0 'A 0 > A. 0)A 44H 60 A - 90.0 -,bta -. 4 M.4 44 q66 11 4 0, OH0 -4 ,g m ;CU Zr 0 0 06 00 -4V *04 -4 4. 00 0 0 m. 00 144 -- 0 44A A-4" N0 % *0 0 0 0 C 4 2 -A ow6 -. 4 .00 0 6 4 6,O.4 H 0 M .4 : 6 - 0. a00' 0 0. r4. H 0 14 M00 UA.0 61 0 -4 S. 14 o 40 666 '1 4 4660. C 4 -01 0oz a 1 -4 F 4' 0 00 u V 014 00 44 Of-O mo 6 6C. r 0 -A U) -4 0 0 6 '5 0 3 u o 0-4 Q - 0 2-#
Attachment 1, passage 236Fedeal Regmter I Vol 568, No. 6 1 Friday Alprl 9, 1-93 1 Naticn IM7 c 44 0 0 0 to V0 .4 00 o0 1 .4 V00 -. 4 01oo.4 0 0 P: 0 .0~~ Q) -4 .4.0 0 02 14 0' 0. 0'-410> L )) 3t04 0 )- f. to .- 4 9 0-4 to240 - ,,:-402 0A - D0 0 140 10 $4-I,4 L91 0 4004 002 4 4 CC-I IS 40 0 .>49 41 (P 0 0 4 03 4 0 2 *.-0O4 U k~ '044 C V a 0.10 r-1 #002. 14.9 b4 4) go l)0 h4014 0) 04 to w0 ( 4 14 4) 102 I4 0 44 p 4) 0 A ) aU 0-4 V20 4 0 -. -4 u004)m - 0 '0M 1 ) -v01 0 .1 u 0 0244 04A '-4 440' 046 :1 10 0 t V1* 4ua 00 V0 w0 00 4 )0. 020 4 142 0 C 0.0 X 1"0 0 10c.V2 a c.-A0 0.u 0 004 W 00.) V0 Le3 0 41 02 'a- 0 44r g 010H -M 1 V 00 w- ) W ,I V 1 9 14 k) 4a 0 4 1.04 I. 0 IA 04 C 0,42 0 0.4 v A J 4)* A,4 1 14014 0 :1 w- r- :01 020 (a -d.- 0 4 4 ) 0A 0 #0 40 1J 4 1444 ip o 4-.4 0k0) . 10 010 02 -40 -H -. 404.> -A4%a.- 0 0.90 cu.-o PI '0o 0 o. 04 02 C-. > 04 .4 A. to 024 NI . 0 .f !a IN(A 4441a #A 4 H -b14 4)4 04n 9 .0 34 44 04 . .Q4 14 3P V004 4 & 04 k0 0.0024) c .U0 02 t 0 0. 41 4.~ -0A 02 -y 4) 0140 - Q4) 00 0 p 0 0 0.1 4 .1 41 jiU 42 4) 1 40 0r 04 4 (D0 0 04 '-0 4 0 2 go r O -40 Z14) 1 -. 40 0 ' - 0.0) . 0.1 A0 .- 40-.4 v '044 d 402 ~0 4 0 W.4*4 4 D, 10 0 0 0H '00- 4 0 4)4 > f-.-44 0 .0 U4.4 go0V 0 0 0 0 4 0 02 04 0 02 =014 0 ID -4J '041 H H0 k v v0 w0 04~. I VA)1 02 ) E % M1 0 PW - 41 ;4 4 V W :r 0) 9 c 0 A 0 th 13 ) w " 0 0 t4a 440 '10 02. 44 W00 0 --440 H4 0-- 4 002 0 4 14 0204 M O 14 020 ) 0 024)14 .00 41 0. 4 r.I > 14001U .4000 4) .0- IX6 V0 0.4.f4IM 0 00 r -H. 4 0 0 '0-I V, c i 010 .4 4A "2 0 c14 4 020 0 0.- EO 0200 N 1 . 440 c 4 0 20-4 ) to Q0 .I 04 020 n0V V 044 .0E414 00 0 404U) 0-.- 04) IV 01- H U1 10.0I0.E.J -.400 A04 v ' a 0, p k14a 0 s ta00 -H -4o. A~ H VU 4 40w a 4 C c r "V r 1 ) F to ~ ~ ~ ~ ~ ~ ~ 00 14 V 0 'tV0 P A0. )I 0.41k a) FA02020 0) , 0 k 0- 0 v q U f4-.VI 0 0 VH 0 4 61 014.441 =.4 0 cc ed 0 0 414 g jk c4 0 440.1 m 0 faa Mu 0 044 09 m-4 0 0) X -W024 . 04 0 14 .5 0 114 01% 4)%440 A' 0 00.4 .0~~~. to 014..41 u4~ 1 H 04 00?02 al40 4)14 0 0) 0 00. 00 4 0 ;4 P 141) 0042 04c 0. 00.1 4 a402 ) - 4 4 r4-f- 0. A~101 1 V-1 C) g4. FA0 02-. 140 .00 0 04 0 '.0 O-.4 - &4 40 .0 00 4202 4W t100 E42 1 14 0-A a. 1 4 14- 4' .9 c041 Q402 W 40 9 H. 014 -. M4 CO. 0 0-.0(; 0 0 0 J ( )-I0 to 9 - H -0 r 1 - .%. rA r4 .. V k* A I I NI 01 14 02 4w14 -4-- W i 4 402 -O 0a 0 0.'a 0 40 444 442 9 4) r 0 4 CC2.f0 94 4*) 02 ., 4H.0.40 4 31 a 4 0 0 0 0 1l 0 O* 0 4j 02 .0 A* ~ 40 i4)k 0 0 4g)"0 002 -. 4 0 E 4 w 4w 0 k 0L c 0 J - 0 03 w 0214f4) t, 0 6 A 0 'Ut2 f 4 10 c v 4 (a0 .- 4 0, 0 2 l O 02. 00k E 1t 1 n0 E v1 t; 4 k"04"0 04 4J 041 O0 4)0 ,,"0 )0. "~ 19 04 .- 0 P .1 -9 0 .0) m-. -,f do -4 0 40 1 4 0 O I ) 04 . 4 ,4, .g 1 1 r 4 01 W40 020 4 40 121.4 0 04 on '4 *44) IA22A.4) 0-I ( . A 1 14 V021 '0 I 140 1444 00 02 0 ' m4- 4 V)1 -4. 02 -..142 440 4l 14 1 Z,40 ) .4 H *4 00 $1 021 02 04. 2 go. 0 -k 02p " 1 0 4 02. 01. .11 044MAI401c 1 0-I 420 1D 'I 0 H ' 4 r- (n t, 4 1 4 C 0 1140 0.4 IU424444 f(h0%I'0'0 &D- 4 1 0s -- I 2.4 42.I 04 4 An q 144 %40 0 4 I0 AD24 14 0) r44Am '4~ 4) fa01 0 a24 0 1 020 0 00213- .0. 04 1 4 0 1 4 00 0 44 1 IS02 0 0A 1 01 01 to 00 4 4H0 0-1 20 01 04 4n 14 0.4 4 4 I.03 10~U 14~ 0 V.0)0 A 0 c.-0..104' 444 I 00 I v40 143- 01 02 00210 1- 410 4vk 44 4 0-4 ;002N- 0 1 AA E4.I m 4 0 00 0u0 ' -. 4 4. 4 ' PH,2. ft4)(.0.~4 14 10 1 4-4 442 9.~ ~ 10 1 4 4 1 9:4 0 0---------------------- Wh6 E 4#
Attachment 1, passage 23718758 I0 1.41 1 .14 4 o.-4I UO o a1 I-A 6 rl * 01 1 0 0 51 ) 14 1. . I44 * Q4 I r3 U) C E 41 1 4) 4)0 5 04 1 414' 40 Federal- Reguiter / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices :3 -1 17 S .. ..... 4) LO C 4 k# . 0 0 m S4 > %4 A0 1- I S S W C U - 0 %4 -4 0 5/ .5 1 ' %4 0 O0 0 I. III14 ,- - - 0 0 1k 14-0 40 6: ) 31 C - r00 1 g -4 0-.4 W ?a0 .4 V W 0. -.41 0'0 -4 0. 4, )) 1.I Q. Q64 S Q1 o 4)o01 5 5 .4 0 z .44 V H : 41 * I * u, 0H Q54 4 0. 0, A O 1 -4 P14 V0.4 4) . 1 04 0 4) W~4 S 4141 n 0a -- b 4) 3 to 5 3 0 v 4 00 U) 4) 0IA O.4) q- -41Q1W 41 -4 Z 0) N -,.4 4 41 -P, %4 H 4 tn 4) %4 A. 0 10 004)a -4 50 -,4 0" WO 0.4. 4) 4141 o a m u -, a -- 6 0) S 0-40 .0S ,,4 - %I 0 C x0 5f 4) 94 -4 44) 54. - 4,- 410 )n6 L 41411 S 1. 0 r0L.. 00 r I 40. %0 13. 0 W-4'4IW9t .)CM 90- 0-4 00- U) 0 0 r-.4 100. 1414 50 x ) 5 m1144 m 1.-0.- S j 4)4 40.- 4O (h 5)( 4----------------- --------------------- ------ 0 . H ,.. 4) .H C 0 -4 0 ..- 4 x -4 '4 C 0 -4A r 4) 4 14 - 0 j0) 0 040 4) 0 4 . 3 0. 14 1 Q '4 4 . U ,40 4) $ 0 0 H -4 to V. 64 1 0 k. 0 14 0-4 0 R 0-4 Q f1410 04 4)0 00 on -. .4 OH.0 '4 0 114 v 0 4)0. to 04 Mr' ." L 0 C)0) 1. -4 ,4 I 4 4) 5 -.443 4 I " 0>4 r. 4- HI - 0 L4)--H A4 ,-.4 4 051 0OH: 4 .04.-S4 0 0 -4 10 2U 0 h 04r14 141 0-4.14% S 4 414o.0 110 04v)0 0 C1 C4 -0 I 44 4 . P. 'I S-. Q) 0 S .0 1 • 14 ... 0 . 4 .,4 N 4j 4)S 4) 40 P 0 4) W 0. PQ, r. -4 I1 W, 14 0 W. Z -044W 0* 40. . .4)0 . 0 w , 0 0,-- -4 60 4 4) W -140 . 0 4., 0 .. P . k4 LO •. 4)- .-4 W . W )o..- ,4" 4 14 0 4 14 *- .1 to).4 0 0 ,- 0.144 4 14 .S a O4) 4 " - 13 0-. 0 . 1 4 IV X 9 14 R 3-. v- A ) C v 9r 0,4 0 ) - .0 4- 0 - 0.n -A - w- X000 1.-0 k . HU " 4041 0 $ Z-' -.4 X 04 0 A H4. .0 r-P04 " ).-4 %4S0-4 4 4 W - rf 4) 0 . IU0 0 {U. ) 41 W .4 = .- 4 04-0,- W 410 0HZ .4 4 0 4 0 a) 14.64 0 g4-. 0 04 ' k 0 a1 0 a C z U)1 . '-14 '-(Q0 L a H 4 do 0 4)4 42 4) 4) 4) 4uC-4 15 E4 C#
Attachment 1, passage 238Federal Register / Vol: 58; No. 67 1 Friday, April 9, 1993 7 Notices 28750 and creates the modification then compresses and sends step 3 the original and corrected The original file and but the modification script If No repeat Step 12 EDGARtink prompts for CIK and without having edited the AUTOEXEC BAT file as paragraph 5 3 2 unchanged 3 25 2 BERTPE CODE COREE BUSPENDED PILING WIZE A HODIPICATION ACTION/RESULT sequentially, eipt the vint be printeded he opy of the moditication file is not stored; the printout is the only record of it the modification script file to Do not attempt to use this option with the printer 3) the Message Area will display a series of messages 5-p-20 S 25 BOM TO CORRECT & SUSPENDED PILING COntIzued version of the filing [X)es or [NJo pas word, corrected file are stored on the progr ss of the process Verizying that förigital file 10 uneh Resuit: EDGARLinK described in Section 5-a creating Modification Script File BTEP April 1993 continued 000 a000 subes gone put tenues and sociated RealLy seE on raine and Tortion Bless.07 sent to The sic and deered heller in ¡adéession humbat or ötigihal 111é hate of thé Ye entered orred to confire that all data 5 25 2 PROCEDURE TO CORRECT SUSPENDED TILING WITH A MODIPICATION ACTION/RESULT 54D-19 $ 25 ROM TO CORRECT A SUBPENDED PILING COntinUEd died le Hanel SCRIPT Continued suspension message client Reference {ile ot three elements: 0800123456-92-000003 EXARPLE: Result: selett: Result: Result: 12 Type: STEP April 1993#
Attachment 1, passage 23918760 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Each step is 5-22 ; Access EDGARLink and prepare a form N-SAR document described as a detailed procedure on the following pages 4 1 Complete Header Building Assistance options 331* BAR PO APPLICATION INTERRACE V378 EDGARL JAT Install and configure EDGARLiNK 3 2 Prepare a Form N-SAR document Check for errors within the submission 5 27 1 TEB Si SAR/EDGARLINI PROCESS Install the N-SAR software Assemble the N-SAR subnission: Transmit the submission to the SEC 4 2 Assemble the submission Modigy a suspended submission DESCRIPTION 3 1 Access EDGARLinK correct errors 11 any 400000000000000 Exit April 1993 ETAGE Access I-Mail and Bulletin Board press (Bater) Result: The Compuserve Information Manager screen appears Ye on optional service provided by Computer information dentified by the ogi chand the 91er cre 111er 85 Chapter in paragtap a the EDGAR Mass service reter to SAID COSTON OR - EDGARIA See Chapter 3 paragraph 3 6 for information on Compuserve To access the EDGAR E-Mail Service {ollow the procedure 5 = 1 Receive error and acceptance nessages; Check the bulletin board for notices * Send their User 1D to The sic data updates Access and search the EDGAR company database 5 26 1 PROCEDURE TO ACCESS E-MAIL SERVICE 5,26 80M IO ACCESS E-HAIZ SERVICE • Transmit filings to the SEC provided by Compuserve At the EDGARLink Main Menu Select following: April 1993 below STEP#
Attachment 1, passage 240Federal Regster / VoL 58, No. 67 / Friday, April 9, 1993 /'Notices 18761 0> 0 1 000 : *..04a-a 0-4 SM-O.I 0 -4 4 0-4 1 00 0 00 1 oga. 05. 1 4) $ $ 4) 0 t00 1 01 k- i( 444 14 k 0 4.' V >1 014 a.. 0 1000 0A V 01. 00 0 0 4) t000 0 00 0 4D 0n. 0 010 0 S. 0 144 0.04 P 0 13k V. 0 0.0 , 410 0 o 00 '0 00 -. 4 n: W~ 9 P -4 Pj 0 0 14 ) 0 A 0U4 0 040 (A 0.4 00 w0 -A m -4 *4 U 40 0.$ S. 0.4 1. r. U 0 0.4 C 0 . M z . - 4 0. m 0 a U)4. In 0 'I 1 0 *4-1 .14 0 M 1 u0 0 1 5-4 0. 4 9451 r,. -. 4 a,4 r 9. o- in oo -4 . u0n, ,4C!( 0. -. 0 40. 411 -4 0. 0. a,, 0 z 4 W h ak , o to4 2 tO 000, 0 0 0K P14 U)0 -4 .4 r -1 A0 a A 0 -40 En .. 1-. m404O#
Attachment 1, passage 24118762 Federal Register / Vol. 58, No. 67 / Friday, April 2, 1993 / Notices out Form N-SAR and You will then be taken (Headers are blocks of identifying submission and again at the $ 2! N-SAR PE APPLICATION INTERFACE NITE EDOMRIINA Costinued arta asant of the toadsion fle: header budding and the The reguired and additional header data elements for N-SAR There are two alternative ways to utilize EDGARLink s header- beginning of each document included within that submission) Submission: Istance in the construction of a Pore N-SAR 3 Direst see he line ain enlication OPTION 1) PROCEDURE TÓ ACCESS HEADER BUILDING ASSISTANCE FROM directly to the EDGARLink Reguired Submission Information screen ACTION/RESULT When the Required Subtission Infortation screen appears Ithernation seldsation in the Regulred , ence exhibite to fora -s are normally on paper be Resule, Metaba subtlesson file screen appetitinued 5-E-6 asing energEtitions in paragraph paragraph 27 4 f0r Required fields are completed EXIT/CREATE SUBMISSION HEADER. 5 27 5 ASBEMBLING THE M-BAR SUBMISSION $ 27.da HEADER BUILDING ASSISTANCE OPTIONS infôrmatiôn at the beginning of a submissions must be created N-GAR APPLICATION Type: Result: April 1993 I STEP substitute that path name and directory To access the N-SAR software and prepare an N-SAR forta {0110w directory other than Elink was specified during S 27 8-BAÉ PO APPLICAZION INTERPACE VITE FOOLIN COPS 3 27 6 PROCEDURE TO ACCESS SOPTUARE AND PREPARE À PORN |-BAR install prep the drive where opint is A description of Main Menu choices way be found in Rasust Praliable application on appa (21152ing popes o a per instruct lone in Mi-s vero dulde 5-85 ed elink press [later) Result: ELink becomes the current directory Select: Access Custòn Applidations| Result: A Fora N-SAR document Is cieated Section 5-B, paragraph 5 8 3 Frón the EDGARLink Main Menu installation the procedure below NOTE: It a STEP N Ap·ll 1593#
Attachment 1, passage 242Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18763 Continued paragraph 5 13 2 with the appropriate headers and : 27 N-BAR BE APPLICAIION INTERPACE W17E EDGARLINK CODaud ACTION/RESULT PROCEDURE TO ACCESS HEADER BUILDING ASSISTANCE TROM EDGARIÍnK Result: Me Createdit a submission sereen appears Day De ound in Section reparatap a seld that is, an ASCII text file is created that contains all the 3 275 ASBEMBLING THE N-BAR SUBMISSION Continued 440000000000000060000000000000000400000000009000 1) Direct access from the N-SAR PC Application header tags required for electronic filing 2) Access from the EDGARLink Main Menu 5 27 5b ASSEMBLING THE SUBMISSION documents of the submission 7 Press: NOTE: ВТЕР continued April 1993 continued paragraph 5 13 2 Create or Edit a Submissios Header press (Eater) (Enter) and select the desired Form N SAR fron the Che create East a Submission seen appears The Create or Edit a Submission Header screen (the name of the desired Porn N-SAR) press You ser, roseted for the name of the interface Day De round In Section 9 requiragraph 11=10001 fields (the missing information in the Required $ 22 X-SAR DO APPLICATION INTERPACE VETE EDGAZINE CORESBUed ODEO A ROCH MEN TO ACES READER BUILDING ASSISTANCE PROH Menu: access Header Building Assistance from the EDGARLink Main ACTION/RESULT 00000000000000 00 00 000000000000000 Result It Regulzed Subassion Interation screen • Result: die one Foca are copiered lolde soren 5-77 create/Edit a Submission list of submission types 5 27 S ASBEMBLING THE N-SAR BUBMISBION Continued appears (Enter) appears NOTE: aа00000г Select: , Result: Select: Result: з туре: or Press: Result: Result: 4 туре s Type: April 1993 STEP#
Attachment 1, passage 24318764 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Continued přess (tater) File screen appears with Hessage Area of the cutsor is positioned at inter cursos positioneg at Enter Submissión file ithe näse öt the subtission öutput file); piess (thé nasè of the desired Forn i-SAR press (énter) anter ln pe gure itn the Be te bitat ion Bubnidsion 7110, The Eteate/Edít a Submission denu áppeais (inta0i00000494904b0-40000060000000000440944 mind atona Astenble • Bubnission press (Entet) subhission / Thé output file is thé bos Ille that vill be created to hold the complete submission for later transnission to the Sesult: tne patii hase ot the output ille ih the EDARLINK (thé NISAN bübflaslön type tfön thé llät ot acçess Astenbla a subnission flie troi the EDGARLink Main AcTION/RESOL appêais 1h thé' 5-$-10 DONE A PIOCHDURi TO AOCREE ASEAOIE A BUBNIROOM JROH is located) press (Enter) $ 4) $ NESIDBITAG THE 11-SAR BUBMISSION Continued Thé Asséable a séléct: creato/Röit a Hane (Bater) alfacțöry (Ester) Result: sélect: Resuit: type: NộTt: '**: Result: § Typè: dada cont April 1993 STEP cont hued afrectty to the The output !ile änd your N-SAR for yóur rëview taken' ..... ¡the name of the submission (output) file) press thà öutput tilt is the bös #ile that viil be tteatéd tó The Assedblé à submissión flie appears agaln yith $.2? *-BAR PC APPLICAZION INTERIACÉ VETE EDGAREIN, Cost Sáued OFTION : PROCEDURE TO ACCESS MASSEHBLE & GUBMISEION PIRBOS tRON ACTION /REstiT The Display sectlon will present you with information has been created containing an N-SAR submission once you exit the N-SAR PC Application and complete thé The Displsy section screen appears bold the conblete submissión lół latèr tráhsnisslon to an N-SAR dötunent headet information in the bèssage arèa 3 No other döcuments should be added to ari il-sak subnission 5-E-9 5 275 ASSIXBLING THE NI SAR BUBMISSION Costínuéd At thé Assenble à Submission Pile scrèen relevant to the Fort N-SAR subrission answer file docutént required arid additional fields, yóu vill be Assenblé a Subaission File screén (Enter) (zatet) A-BAR APPLICATION Typé: Result: ETEF April 199#
Attachment 1, passage 244Federal Regster i vol. 58, No. 67 1 Friday, April 9, 1998 1 Notices 18765 ERR extension verity internal Then EDGARLink This file is named with the same EDGARLink does not check for The filer cán teturn to the N SAR software identity text greater than 132 characters 5 27 8-BAR PO APPLICATION INTERPACE WITE EDGARIINK Continued Error checking is intended to identify most of the factors checking with 20 ink is performed on a complete bission errors in the satission tele this die 15 sed lo the sant Complete instructions for error checking may be found in rect diego to seeding the Correct Bross in filing option So are to engie one they are oat ecos to cozect • Carplaten a suctions for correcting errors are in section $- file name as the submission (output) file with an EDGARLink will check for required header tags correct CIK/CCC combinations or fee payments and is used in the error correction process paragraph 5 18 5 27 8 HOR IO TRANSHIT THE SUBMISSION 5 27 6 8ON TO CHECK POR ERRORS doctor engal, entratees 5 27 7 HOW TO CORRECT ERRORS checking with correct then April 1993 The Assemble a Submission File appears again with 5 27 N SAR PC APPLICATION INTERFACE WITH EDGARLINK Continued ACTION/RESULT 7 No other documents should be added to an N SAR submission OPTION 2 PROCEDURE TO ACCESS ASSEMBLE A SUBMISSION PROM information in the message area (End) to save the submission file Result: The Create/Edit a Submission Menu appears §=B-1i additional documents in the N-SAR submission 5 27 5 ASSEMBLING THE N SAR SUBMISSION Continued answer file document (Enter) header Press: Result: Press EDGARLinK April 1993 STEP#
Attachment 1, passage 24518766 #A 00 4 41.0 b 0.0 S % 4 420 1300 V000 404 142 014 tm 0 440 040 C2 0 02 "2 0 000 42 0 0 0;% .40 .4 1 44 Federal Register / Vol. 58, No. 67 .1 Friday, April 9, 1993 / NotiCes -4 I, 02 P4 0 0 0 c vo 0 O0 0. 0 -4 4 4 0. 404142b -444O i 00 4-0. ,4 r r AO 0 0'v 04 -4 44- 0 V0v42 000 $-4 -4w a w. 414 03 4140 u to u 00 $-4 %4 0. 0 .0 410r " u I .- * -4 1 0 W0 A 0. -4 0. 0 W M 1 00 -4 04 01:~ 0 14 '4 010 f34 U0 41E 051 ok-41 0 0 o0 000 000 -V1 0 1.4 N 5,1 C', 4 N fa&dd RsteSr / V. M, No. 6 7 1 flday, April %. IM I jticas go1 14 Q114 V1 W M 0 410 42 51 4-1 4 fA0 51wv00 ID 4 r >0 a0tr00P ~M0004 4 -0 fa0a 44 41 0 A0 V 0.5 FAal t- :3-451, %1440 V V 0 41 -14 0 to A 00~ r5M 610 0 ca 0 40 9 § 0 A0 640V14.r 1044 a 1 U 50 44 4A 0 151510w V5 41 - 5 .4 '4 %' m 10 41 1. 0 5141 0 0804 4 044515 41.44kx 0 D.A m V 4 05151i 51 0 4 0 -A 0 l4 t 0044- 1411 N104 414 4w~ 1"1005NO1 04 a 0 ( 994 ; I5 51 o so V .40 0 X-4 $44k 41 0 A - 0 o , 4t 0 140 14 09 04t , 4.4 0H 0I- 00 %) 10U 051 00 -4 % 4H cu r 1 0uu 0 0 -e4 Q .'0 410 40 O- U 0 . 0#
Attachment 1, passage 24618768 Federal Register / Vol. 58, No. 67 1 Friday, April 9. 1993 / Notices 0. Li 0. . "3 404 0 "4 0 o a' .. 4~ o o~~ o . ~ o -- 00 0 4) 03 )3 w 4. 0 ,i0 0.4 9)0-4 %4 0 0 4. 0 0 0 14.4 (a. - ) ~ 0 00U. ).-.04, Ah r U) 0 1i41 x *Li0V 12 4-)0 r c))4. V4 vC 0 9 O'-4 .- - -4 4)A1 4) Is0 A 40 4 -4 , :3 4)0 M O4)a u 0 .4 W -4.:1 94. 2V 0>C v 0 0 0 JO Li( 4) 41 0-4 0 -0 $ 4 0 -0 - 9.4 4)3149 4 .r4*. W) 14. 4 -4'-W 0 v w4e 41 0 o ,..-4 o 010 4J A 14 = " 4 20 4 0,4 94) 0 . n - 4 04 j :3.400 1 a ~ 0 4 ) 104 A 4. 4 4U' 344 9 AN U W1- .0 1 4 - 49 a wA4V. 00 a mo I a a19 'A 4 11"C .1 48 a :S " , 44 *0'40e)-4 4j - O 4))040 440 0.4 U(4r0 1 k)3-8 .0.8 m) 0. 9., o84 ,. - 0 0 aJ OO4 14. solo (n4 9 t4t 843 04 a ) > 0 4)0 a 14,> 10 -. 0t 1 : a4 &4 t 0 4.... ..... 1~. 0.0.4j .0 to 14. V 10 41.-4 -4 0 143 0r 0 4 A 4)0 at'( -0 . %444)04 949 O W O 00 ~..4g0 0l P).404 Z400 00 091-460 44 8u 0 0 0 0 .043 -. .q S 4 0 04)4 u X 0UU 0 4 CI a W 1 0 - 4)09 04)Aj O 04i k 0 0W 0 0 W4k 4 4 10 140 COP la 00 0. 0 f 0 0.434 6 .. 4) t O 04 1 ~* - 0 S 44 . 4 3 m 90) 0 . 4I .4' Hl3 4 04 so #o ZH .. Z0 14 o M404 o a A N U , A )) jV 000 § 4 A 45 .0) 4 04 09CC .4444 043 04 0 I 0**4 4343 .. 2.4 .4 P4. 04. V. R#
Attachment 1, passage 2470. >.& 0 . 43~ g 0 IA 0: u Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 1 Notices 18769 18769 u 0 4j 0~ 0 Go 0 t -H4 C48 r 4 .0U 04 042 9 0 w -40>. I4 0 m0 C244. 0844 r 0 0 v aC:a 0 0a u 0 0. 0.4 00 -4 -4 -4 C4 ix 0 MH 14 s0 0 4 £13 40 0 .1 -A 8 0M 00" U1 0-4 00 m11 4, C 0 01 0. to -4 FA u0 ' A 6.0 ao( 001 0 0 14 04..14 0. 0t 4 H -l 01 0 -4 0 (A. 14 4 (0400 r 0 0D -4 P140 00 42 :2 p4 0 0.0 10 00C$ 42, 0 0 -V4j W22. 0P k ,-4 " -4 I '-- AJ00 14 002 44 0 -,4 14 0+0 CO k 14 O. A 40 * 04 0X 0 r 0 -0 0 V. a.a- 00 0 CO140IV 0 CL0 1 4 1.4 '.4 00 0 1.1 0 FAto 0. 1400 -4 0 -4 .. -4 .- 4 a; 40 18770 Federal Register I Vol. 58. No, 87 / Friday. Atwl]q 1 FederalReg~er Vol. 5, No.-7---Friay------ICU-/-----.& o0o. 0 Nf NOO t~ Nntii,. 4 41 0 -4 0 4-4 to:. U>. 0 v rk 04 O4 a -4 4 1 I),C £ -4 A 4 c 1-- ' 104o l EN .4.4 ft.e~ Ho a 0 tjo 43 0'.- 4-. I-.. - k~. ~ '0 ~h4 >.0 ), I o '" 1. k 4) ) 4L9 O.4 0 7 -a 43 -4-4 1404304.) X ! v.. 00. >. 4 I C. 01 1-, 0' ~ r -4 C-0 1 0 -4 a a 4)0 v 410- 00 all C4 .0 00. 0 4 * . I 0.4g I M o * 0 I 4 0 0 40 1 w 0 0 0.0 4 C 0 r 4 tp0 -4 0 0 0%-0 4) 04 .c 0 c 04 -4i C 4 3t 4) 4 A j *0 U )0 -4 1 3-4 t o to * -404 4) N - V 4)0 00 :24. - 4 -4 0#
Attachment 1, passage 248Federal Register 1 Vol. 58: No. 87 1 Frmnv Fedra Rgiser/ ol.58 N. 6 /FrdaArw~t a inn*-~ I xT--- , .... . .... j V,,sJ Ao o tLIUU LU Ca I 0 * 4J 1 w I u 0-4 1 0 0 .-4 4 U~ 1 0 ' O 0- A 0U * 0.00 I3 00.0. 0 .0 0 'go 0 w 0 00o 0 V Aa 0 C -04 -4 00-4 10A0 JM 0 4 0 0 0 0-l. 0,04 '0.0 4J0 A 0 U 0-410 X.4 1h-00 '00 0 4 j A 0 0.w00 w c 60 0 0 4 FA 440 4) a " 0W 0.4 a V oOO4q49...0 4) b A 1 :2 0.4 in 91 r 0 0) 0D-4 0 m 00 0 00" r0 0. -. 0 041 0 4 ,a 00t 0 4 U 0'$4 t0 4 W E * 1 U)- :a90 10 E 4 #A toH 0 fQ .4..4 0 00 0 $4 k .11 00 0 00.A P~ Ioo 0 41 z 0 - x r. 0 . Es "4 0 18772 ' -. 1 mm -4 > c 0 41 4 aI r .4 k * 0 -11 3:4)4 3c.-.4 0. 0 c 1 4 X~ 40 .4 k0 Federal Register I Vol. 58, No. 67 / Friday. April 9. 1993 / NotIce '-.4) 0 0 0 4, A, -,4 , 0 -4 (A -4 4 4) ,4 4), C3.r -4 .. 44 0 Ut ,4 V 4 84 640. 0.0 In 0 -4 4 4 U-4 u.. 04, U -4 4 4 0 4.) -4 • 40 II P.4 4 0 0 @0 9 1-4 0 OC J.4 .0 4 ~I u 4, x z 0 U' O C-41" -4-4 " -44410 0 4- %44 0 to 4 4) 4 4 4)4 4 0 ti 04 ,.4 044- 94 4 W C* vIa4o4 0., Z A-40 4 A 44 Q -10 A '0% 0 2-4U U '0 C 4 ~14 -H k 14 4)>1A 01 4 0 4 4 0 1 4 V.4 (A -. 44, C 14 II.,0' 0 a009 IL) a -4 ,t o 41%~~4 0 44 31 0 R 0 4, U -4#
Attachment 1, passage 249Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18773 Xmoden the accession number the receipt time You 5) At the end of the file transfer you will receive Kermit or tile transfer conpleted message An additional message will detail when the EDGAR system began receipt of the submission If there are multiple files in displayed will be the start of the last received file and the accession number will be that of will then be returned to the EDGAR Main Menu from where you may tepeat the process to transter additional filinge or you will be returned to the of the submission. either a and provide the submission the last submission try other functions EDGAR Main Menu THEN • 3 BOR TO BEND A LIVE PILING CoatSaned typed (R] IP you April 1993 Use the command Provage to upload tilations Rane or tacon ring sing,. DeSSage REASe TO RECEIVE boris or et godes on ProD EDGAR protocol disconnects representing one second or (one of the options oftered by the menu) THEN 6-12 -a- aursau- The PeTiting Menu appears 65 BOM TO SEND A LIVE PILING Continued press (Enter) 0000 0000000 At the EDGAR Main Menu Result: typed [K] o= [X) Type: STEP Ip you April 1993#
Attachment 1, passage 25018774 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices the numeral o could be a financial * Are not une sane as 10 er ease le upper-case Letters • Aling che prora de lange e sped by ore assignment or Last i de galess changed 1 year froz 6-16 (does not contain a numeral) 2y V 82 (contint a space a special character) * No blank spaces are allowed in the password • 6 BOR IO CHANGE PASSRORD Contizuad special characters being e $ and *) EXAMPLES OF A CORRECTLY FORMED PASSWORD: EXAMPLES OF AN INCORRECTLY FORMED PASSWORD: (not 8 characters) CAUTIONS when creating a DeW PASSIORD: CAUTIONS when using the PASSHORD: 9 PABCDEP zyx5v #2 BeABCDE be changed April 1993 i s securies ant penino comision Eastern time Friday January 01 1993 10:52 22 am PASSWORD CHANGE Change seen do in the aple at ol1plays the password EDGAR Electronic Filing Systen 6 15 ENTER PASSWORD MODIFICATION AUTHORIZATION CODE: * ABORT THIS PASSWORD CHANGE (Y/N) ?N PLEASE PRESS THE ‹ENTER> KEY TO CONTINUE YOUR EDGAR PASSWORD WAS CHANGED 6 6 HOW TO CHANGE PASSHORD ENTER NEW PASSWORD: RE-ENTER TO CONFIRM: Example: April 1993#
Attachment 1, passage 251-4 00x ?A 4C C0 '-40W .0 0 0 140 0 4 C 40 0 0 0.04 0 C 0 43 r H 0 1430 40 H -4 0 0 01 4 0 §~4 '-10 r.0 0w 104 -4V .0 0 >0 8 t .44 1 0 0 04 VA . Federal Reiste- I Vol. 58. No. 67 / Friday, April 9, 1993 1 Notioes C 0 .0w -4 0-4 41 C C (0 40-4 14 0 V .0 14 on C.0 -4'J 0 4D00 0 .0% -42' .0 .0 U, 0-0 u V W u 18775 P. E 4-4 0O0 )0 04 j 0 0 W 001 .0 00 4'.- 41* 40 644 '0 0 1.0 0.0 C-4j 0 .4 0414 00V 0to 04 '.4- 0' 04- A0,0 .00 O- 0 4 0 40 .0 0at0' 0 4At .0M a0. 03 0 0 C 0 .H 430 0 H4 OA to v M114 04 054 40 0 :' z "-4 09 (14 el W#
Attachment 1, passage 25218776 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices zJ 4 440 0 4j4 41 04H 40 4 q 0 H u1 0 -H 0 4' 0 ~~ v - 041-.Q. 0 -4 0 144, O ",4 --H 14004V 0 A 0 %4 4 k 0 ~4) 4)U 4 4 0 :3 4 P"04 2 r4 N 1:4 t1' P.H 00 - 14 Ova 04,o 14 0 . I0 u4) 0 4)O 0 00%0 A -'4.,0 1 -A 04 04,4 P,~ .4 1 4, 4, 4j -4 v '41 4. 41 0 44 0 '-' OH 14 4 4, .- ZA V C W 00A. r0 0 14 P 4) . 34 4AP 0. V -41W a) 4j to .4j M~ > 0 4 1 9z 44) 4, - 9 14 '0 >0~~ ~ 0' 4 - 40 44 4, k r 44 0 0 4 , W4 0 x X4j 4) 4j 9: a4 '4 4) a 4 H0 0 O%-H 0 V1H "4 r' 41' ' *-'% C) U4 u Q, -A 4J% to'0 .4 IAi 1 o 00 34'. 0. 10% w (j 14 GM 04 'u 4,jC 4)4 0~* PJ- 0. 001 o 4 0%. 00 4 0 14 0 4' b4 4j U 0 54 0 0 u0 (A4,14 0 C) 4, ' 4 04 '. 4 14 4 14 )4 .4 4440 44,00 41 1 r4 u 0.H r4 -4 4 4 A 0. i 4 0 I 4 . 04 Q4 4)4 0 014 9 4 044 fu k 4 04' " 14 4)I C A 4m ) 0- 4 V )) 44 1 PC 0 0. w , 40 i J.) '44 4444 4, 4) ' 04 4 14 M1 0 4 A 0' 03 >) 1 > 4.44 '4 V4' '4 '4 4 -A4 4 )4 ' 44 04 ''0 44 '4 44,4 44 0' 44 P'4J44 r .4 0. 0.4) a)4 Id) '4 444 4 0 4 ad 4 ' 54 - 0.44 v44 0 '4 - IA 4 4)4, .0 144 4 4, 0 4 to -41 -44 C 4 44 C) '41 (3 1 "40 .414. to 0 44o 00' 94 '44G %440 001 4 '444 4 0, H 0 r t 04"4) 0." 0. i 3 a0440.4A4J P 04 044 4 0 1, 4 .4 40.44 4 0 4 -4. m 44o- 4 '44 4, a) 0 r. 44 u0 . o) m4. C M 0 - 4 " 4 to k ' t > 0 0 u4 4) 4 4 k 04 4 4 1- 0. 0' . . a *4 8 004 >.' w44.8#
Attachment 1, passage 253Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18777 r4 fd)40 n go 4)0 V) 044 $4 4J0 I 0>*1 .4 .-4 -4 -'# a 0 4 -413 9) 04)4)5 4)4 4-A..0O C.4J J. 0 4) I)00J.AD4)4) M4)0 C C 0 w44) 0 4 (1 000141 54004 ta C 'C I 4) -.4>Id 041 4) 4 j.4v4i4r.4 .4PJ5 %4 A4). 44)5f4 4) P O4J P1M)4) 0 4 0 .-- U-4 41 0. 4) to to u 1 -4 404) r44 0,O.4O (00 .E. 00 0 60 0v-4 It 44 % :3.4 to .9 - A 1140d4 U) I o 0. t Pe 4) 0o4) 4)) .0 0 40 0'0P 0. 4J t" 2 1- 0)4000 " >1 =1 V 0 i )004) t .ft u 04)2)4 00 0 4) U 0 04 0 1 4)40.41 4 P. 44 A 0044 0) 4.C 0 )54 (00 .4) .4V C o~. 0 14 t" U 4)4)~~ M)4.5 041 a, r '0 04) 45 to4)4 04)0-44)4)4 0 0 0c %'0-004-4440 oP 504) 0 4j 4 0 0 4 404) lu 44 '4 H 1440 )00 -04 0a)4 4 14 .- 4 k 4) >1 C- u00 V44 >.0.4 14 04-S 0-4 r4) Z 4.s 4) -44 43 ) V 14 0OU0 W 4 0 Z)4O)44k)4) 5 4 r4)A. W 4000.4) . F4 40)d0 %4 4)544 4) W4J 0 14'4- 4 )- 44 1- z 0444.404 -. 0054 -1 .00004)0)4)04)4 0 0 4 a 0 44 4 4 ZW0 0 41 4 0 x -9 $A0 C -4 00U -4 0 4J .4 002 012.4 0 0 Z0 0 0%4S 0 : 0. - H4 000 05 -4 0 g >o N P. 019 W 0 t0 4 4. 01 0%4J 0' 0 40 9; 540 04 o1 .06 0 0 . * 0. 0.4#
Attachment 1, passage 254I ~Fedeal Reuer/VoL 58, No.71Friday. Apfl9. 1993Notkw8 o) r4 0 %40- 0 0 > H 04 V4 0 0 0 0 00u0 >0 4V 4 HO 10 %4 21 00 10 H .10) 0 0 0) 00 0 0 0x 0 0.00 0% 0 0 0. 4.4 to . 0 c . 4 0 0 1A~ 00 1;4 0444 0l 1.4 01 H>' 0 to140 .0 44 42 0 0 . 4 qjH c~ 14 V Id 0~A0 0 -4 -.4 U A 42 .. 14 0 $ 4 '-4 r~~ ~ ~ 0 IV 0 V 0 A014 I ~ IA v 4) H 004' 0 - U) 4 E 400 IA 14.- 0).0 +-4-4~ 00 0 00 4) 4. r 00 W0 0J 0. 0 Q' 0 0U) 04 00 0 ) 00 % 4 -4 0 0- ' 41 A 0o0. . V~ I . m n 4j k: 14 0 :f0 $4A0 04 0- .14 U-44 Pn 004J 00 0 .4 4 U 4J0 DR ... 442 42 0 :3 r V4 0 00 Vi 04 0-11 0 Ln 04 1ouHA 0 to H042 1- 0. w 0.0- k No N. k000 0.-o%0 r004 %.4-4t Cn 00 00 0 0 04.03 M. 4 00A 4) u4 AO 000. 00 C0 11 0 -.44 42 0 00.A0U. ) 4 - E4 0q 42 0 000- 0j P0420) 0 00 '0.4) *.4 c k4 -10 0 -04 M014 .. 0C0 p 4.. A. 04) so0 1 p14 1 000 A. .1 0 00 0 A 40 mt -4 4.'r P, 0 442 fX1 X0 4IUM r 0.4 M4 '4 -~ 0. 1 00 Cq 14.0. k01 41~ 00M 10 4 O4. 41 a 0I9 -o 0 V4m20.441. 14 0. 0 0 co.-"14J 04j 10% " 0.' 20 40 V 00 -4 V 0'04)0 0 W 9 0 ' 1 10 00-4 0 . z 0) 1'4 01 E 01 04a 0 0. k% M00k?- A 4U c MV 0k14w a. (4 to~ V 0$ . 044 )t pa 4 0 00 (a 10 .- 20 1410 14 1..0 >1 0 0 1 f -j 0 Q (4 44 . 000A 4.JP4 4 4 4 . 1 4, 13. I )0 -4 04) or 04r xx0- ;0 w- 0. I- E 0.0 - 0 U2 0 0 0 M~ tp 4 Id I.A 42 '440 0 0. d 0101 r 424244 00 H 42 H 0 0 0 14 *Q 4I4 a 440A. 00 *.4. 4 0 I -400 0.. 0404 2 0--4 0 4 60 0.E0 v 04 :0IV 0) i 420 0.4j0 U0 0A-A 4 w.'I00 0 0 >2 0 0 HH Al1 9J40. 00 0 0. V-O.4 0. 0 3 .0 14 5 M040 0 W.' ra> 4))r.9 13 CD 024 04a) 00 04 001 z k4 0 V-44 40 .0 13 :3 0 0 4X 14U J: 0) 00 420J 0 0 -4 020w 00 11 or4 " m w r. 4 00 1 43 100 40 P CA 0 0. 4 4 0 M 0 . c 040 0.H V~~~ V M P V-1 4 V 0 ~ ~ ~ 0 000.40 t 1 C( EU-4. 01.. V C . 04 0 E4 to 00 r4 0 0M'k 4 C FA0 w 4.4 0 .- 4 144t to V V 444J 14 go 1A0 0 0( V d00 0 V004 w0110 l 4 -1 C 004420 ID0 A 41 0 1 0 01 k0.00 ) I042 00000 0 M -4. IA-H4 0 lq4- w40 0.wVA1 0)M 0 00#
Attachment 1, passage 2550 4) ,u 4, 0 0 0 0 4) 0 4) 4 01t4 1 Go 'a4 00 a 40. 0 0 0 0o '4 1 4 >4 -4 H 0 0. u 0 w 0 H00 o ° H 0 14 0 0 04) H 'r' 04 O0 0 '0 9- 00 0 0 00 4a a 4) 4 . .- 4 S.4 42 A 4) 4. ) 0. : 42 ' 4) r ' 1 go 14 -4 H 04 a 1% .41 A0 3x )-4 >1 0 : 0 rj to 002 ' 44 -4) 1 4 ) 0-V r. 0.0 io '43 0 H ': 4 F0 4 20 .4 4) 04 -'f 0 j 0 4.II :3 04 0 X *.4 0 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18779 0 $ W0 1o 04 M 4) 0 -40 m 0 ) -o ..4' ,4 0 - 430.Z 0 oo 10 14 Lo4 V o..,4 01 ".A '0 4 0 U',' 14 0.4 00 OA 0 ' U)-.0 a '0 0 0 1 r 4) H -.. 4 0':4)0 >0 L03 4 420U 4) 4J 0 r :J 4) 0 A 0 4)1U4l0 00.14 0O 01- 0 0- 0m -4 0 04 V I# AU 00 0)u to -' A4 0 0 >1 001 .4 00r 40 V-tA H' v0 Z2 A 0 02 HO0 U) H H U) 02 w' v (W 9:14 0 0-4 r: S'0 • ,44 a k 4) -: P1 :4 0t 0 0 '4) 4) 042 44 V4M-t14 02-4 4* V 014 M) .,4 14 : 01--4 0 14J9 r go 010 0a 4 14 .- 014 42 r.:0 S'a 4j 4)04) .0 0 -4 0 0 to -4 C. r-0 F3 44 : 404)W '14 w 0 -40 (a) 0) 04 42 0 0 to4 0 [a 4 444 to 4) E A . AU 4 • ,-04) 0 1 42 u 0., 4)° oo 0A. -0.4 0-- r .1.. o J04 4)- 0' W.14 S,4.14 F4 : 0' '40': 0 14V 0 -44) 0 02 4j 0 (4 H 0*~ E4 014 4 F4 .4 0 :i 0 0) H V)440 04u 00 0' -4 -4 in 14 0 4 to -,4 -4 '0 41 4) . ' q3 4 0C 4)1 8 2) 0 t '0l 4 4 x '4 0 4) ': 0 4j p 44 4 0 m . 0#
Attachment 1, passage 256'E R"Yfl IRYR* Famd jevlmjw I Vol. 58. No, 67 / Friday, April 9. 1993 / Notice Fadmal Keijuler I Vol. 58. Nob 67 I FridM'. April 9. 1993 I Noticei .4 -.4 f 0 4 '4 too 0 0 to .i h &A 2 ,4 0 ,4 0o 4 -4 4,4 0 44) *04 age 1) 09 2 0 H I 02 -4 0 S4a 44.0 jJ0 A0 Ow4 446 "I C-4 Dew 03 " Ir D - 1 4 -00 93 *0 -144 44 4). 02 0) *0 14 X 64 6 "a4) 0-l 0 j 44 N a* 6.40 2i13m 6g#
Attachment 1, passage 257C 4 0 o V 4 0 0 4 4 U 0. 0 054 L0 0~ 0 -. O 0 O 0.CV 010 -4 09 .40 M rC -4 , 0a M -H (n :3 0 0 0 o ,.o 0 0 1 to) 0 A 0 0 .0 C00 0 0 0. 0 0' 01 C0~ 0 P000 41 to (a( 00 P0 C 0 .0 r 40 u u toP 00 .- 4 >1m '- 4 4 0 (a> 0. C CO 00 A W4. 1. 0 I0 a0)44Ix Federal Register / Vol. 58. No. 67 / Friday, April 9. 1993 / Notices 0 M OPJ 0 f4) , 5) 4 04.21 0W 0 -4 . -4 0- 0 .- 4C ., to U P1 >,0 O ,C 9 W4n . 0 U 14 0. P r 4P 0 M V O O 0 0 w4 P "0.' 0 P 41054 0 A 0 0) 0 1 0 0t 0 0. "I C 5440 V.0 4 4 O 0 0P00 50 ! %4 CP 54 P -4 0 0 0. 4 .se .w k' 4 0 0 M C .1 rOu "4 (D-4 to 0 . 0 P -, -4 010 0 0 0(- to CL C O pm 0 .9 0 0 V -4 1 0. 0.>,54, '010 00 0>C %4 0 M 0 0 - 0 %4 14054w0 P10 0 0 4j a -40 0.0' 0.54 10 0 A-V 0 P~4 :3100. 0 0 00 0. O 0 0 us 404. 01 0 p # , P 0 0. 4j ) 54 k -4 (D- a 0 to .0Pm.'00 4 -4 M 0 W v00 00 4 o1 -0,4 0 P 0 0 5 -1 0.0'0 00 -14 -,"0 -- 4 :35 'a C PI 0 3.-4 0. C to.t. 4 0 4 3 '-4 C ,0 3 0 S0 . 4 ki ( tp 13,U v V -.-I r .-4 4.200 CO 0.C G 3 A, r",- 1. t 0 -It > :3 .- 1 Q 4 :t 42 4 ) 4 -4 . U-) -. 4 0. 0 - .I ' 10 40 r 04 ka U 0 A 4 4P - -40 r x0 003 00Id Ia .4 :3 9 -4 0 4t U -4 0 40 r C 0 14 p S (a.54 0 0 0410 k 0. C ) .,1 0 M : j0 40 0 C w -4 0A 14,-- 4 0 1 CO 4 V" 41 0 -4 0,4.- 14 to l 4)P -,4 540 0 4 . in 4 4j. 0 w 0 )4 U ' 14 ,- C U J 0 0 f 4 04 4 :3 04. CO0 v-0 40 9 0 0 to4C to 0 S05 r - 0 010 14 0 0 4, U0 0 0WM -41 0, A0 1.0 94 0' :1 0 0 -4 U V m0 0:3C>.m to 0.- 0,-4 I.-.4 -4 G V ' U -4 04 00 4) 4aDt U 14 4V: 00 -4 0r-0 1 O 4 18781 18781 0' 0 P P 0 1 04P %4 CO 0 0 00 WO 00 4=-4 0,.-4 054 4 W C C 14 - -4 j .140 0 0 -1 -4 --1 -4 3 10 (D M' .-4 04.4 Op W4 0 - 4-' . C *-4 0 C 0 C -H IC 00H C .14 - 0"H& . 0 P. . fa 0 -t d .- 4 005 0000 0 k 1 0:5 0 1-4 w C o aw 04P d)44.00 10 05 4 o , C 0 1 0 -A p 0 0 -4 . OPO ou 1 0 w40 w4.4 %4.44 P o > P OP 00 t$ 0 44 A 0 %4 W 14 u.I tr .00 0P ' 4C H 0' 00 0 05w400 0 $e4P '0 :3W400 4j e rd v .- P . 0 9 3 toH aHO w r040P1 4 f P 4 0 " - P 04 0 0 C.- >0 0 to toC 0 . r. CO 0.CP 41 a54 000 0-4 u0 00 54 :3 :34J -.4.0 .0C 0 w4 0 C 0 M P 0 0 %-4 UP 4 4j -4 OP 54- 0 ,w 14 4 U .O 00° 0 0 0' 0 P -04 C0 54 0C . u >ot o 0 P0 , 4 P 0 C .4 Co 5)4-4 C 0C0W .0 P 00V 0440a -4 0 040 0 z 0 lu 0 00 3P1 0 O0 goC5a k - 4G 0 ao I".- w 4j 0.5 44J 00 u40 000 OC.0 0 0 54. >44P 0J- 0 P V4 W. PP w -4 C..-0 20x 0 4JM -4 0000H OC-.4 0 j ) P O 40( 0 t* 0 0 a( A4. Co -' C 0 w4 H 44 0O4 P 0 .4 C5. -OP) V4: 0 00Pk 0 to -4 0U00 0 C 0 400C 0 PV 0 0 -405 0 OH 0.OC'k.0 00' V... -. 4 -4 ( 54 0 4€ > u 0 .0. 444.0P,0 0 0 %4 04 r 00 0 0P4 4 k 00 0 P .41 u G1 W 4C 0 0 -- 40 54 0'0 0. 00. 0) 0 00 13 0 w4P 100 50 .0 > 4 0 41 Go 0. p 540 0R 4.4 0a. 0.0f 0 u 3, P04 C >,5 4 4j V to :> I,14 IV,. 5 O 1 0 > '-4 0 C > 0.54-4 0 -,-40 -40G 0 0'0 C P 0 w 0 io010 ON •C ) 4 0 > wO 0 0 -. - -4 4 . 4'0 40'a P 4 .4 0 0 0- 0-u44 t-O 0 0 4jC 0 054>%-40 P.,1 0 0 0 0 0u 0 k 0 0 ) 0 " P -4 w C P 0 00 0 ill 0 a) 14 C 0 54 4P 0 r- O a4 >0 w4 0>U0 0P 0 0 0 00'r %4 V 0 0540W --4 54 0 4 r4 05 4 L) A-4 a k0 m 0q~ 0~ 000 >. OP 00 CO r. C5%4P0 4 4 0. r )4 0 0-4j 00j 4 . 0 :5.0.o 0Ia#
Attachment 1, passage 25818782 Federal Regıster / Vol. 58, No. 67 / Friday April 9, 1993 / Notices on the outside of the the ackage entalade d'okettes should be mashed to the sEc at To aid in the identification of diskette submissions, fílers are 8 4 US SECURITIBS AND EXCHANGE COMMISSION US SECURITIBS AND EXCHANGE COMMISSION AS ERA RE MEANOS CONTESTON requested to clearly indicate DISKETTE & 3 HOW TO DELIVER DISKETTES ATIN PILER SUPPORT ALANDREA VA 2231 MAY MAIL STOP 0 7 Operations Center 800 am and 5 30p= Headquartors: ATTN PILER SUPPORT MAIL STOP 1 4 50ST H WASHINGTON DC 20549 Operatione Centeri ATTN FILBR SUPPORT April 1993 NOTE The following items of information are Prob ens reading she dis person to contact in the avent of Sides (Single or Double) and density (Single Double oF sYgt-density Macintosh diskettes are not accepted by the EDGAR A diskette submission must be accompanied by identifying documentatton before it can undergo receipt processin which is Flung ayan enciey sust be a registered DoN iler or = Naent irisedy ela je the naze of the 111ing entity All files on a diskette submitted with Form ET must be in either the same word processing format or in ASCII text and 8-3 diskette(s) must be submitted with a copy of Forn ET > Hardware on which the diskette was prepared Number of diskettes in package word Processing format and version 8 2 HOR TO PREPARE A DISKETTE Continued identified correctly on ForD ET 8 2 & SUBMITTING DISKETTES SEC operator ) shown in Appendix F required on the Form ET: 1 CIK of Sender High) NOTE: NOTE: pril 1993#
Attachment 1, passage 259Federal Register / Vol. 58, No. 67 / Friday April 9, 1993 I Notices I z in 0 0 0 4 H m 0 N m m~ N .C 0 0 : 4 fl " U IT' W 0 0 -4 - 0 10 1 40 -,4 0 0 0V 0 4 C6)1N41 2 4) 0 N w" 1-400 .q 4 1 -0 . 4- d' V 0 to 4- 0 C4 MO % 4 4 4(0 4J % 4 H 014i 0 0 0 0 W00~~0 O 0 C, 4 0-.44 k0 o 4 10 004i E4 OH 0. > V 11 4 00 a 000> 18783 0' 4 .,4 18784 18784 C) 10 M 0 10M .. 0 1 0 10P t4 10 01 )10 04) 0 140 44 U 0 -'40 1 to-' Federal Register / Vol. 58, No. 67 / Friday April 9, 1993 / Notices '-4 (I~ N IV % 0 1h 0 t 0 0. A A x C H -'4 u H O v W .10 0' r" V1 k§0 OHJO 0 V4 4)a0 10or 010 EO z1 0-4 '0 th '0 0 V tW .A > 10 j0' th m 0 1 0 to w) 04 U 0 0 0. I.I 0, 4 0 *) 00V -4 4 " 4> 1 0 0 10' 4j. w 0 4.1 4)0 14a P0 -,-40 ,- .0 ,. 0 v v 4)0 U) 4 4) '0.10-A C 0 0 4. ) P013 '-C -M-4 0 > 4 Q 4,, .00 4) 10 o. *H m 1) 10 : 0 0 4)'0 1 0 mO a v r0 0 )'- to r. 01 10 r. Q >0 0 44) O4H '.44.) -4i0 0 0 0 0)140 (3 -400C 14" >54w- 3 1001 -41 ) H4 -4 P -4 0 H0101)0r) 0) > - ar 4) 1 0 0 H -4)0 H'4 4j 44 11 4 H 5410A 0 0 14 -A 13 0 u 0' C 0 IA 0 4j 4.X 540 0 0 . 00 0C A0 4)E 4) 4 ) 00 0 H 00Z ") .1 H4 to %4 VC0Z 0C 4j1 4 0 0.j-0'0 0 tP A. 0 4) -4 'MW 0 00 00 -Mt )04 1 1v 0 0)4 W .)ra o-4 0 I 540 0 0 . 04 k 0% 0 134 . 0 0 04 4) M 40..4~ ,. 0.0 o 1 0 a)-4 M 4 10 04 0 %0 10 " IA 9 1 0 0 u 0 14 . 0 04) 0 10 00 0 FA4'00 14 0 1 r 0, 4~~) I0 1 0 0 A 0 u00 .14-4 V 0 40 t '.0.4 ) 00 .0 "404 41 04) '0 0 0 U- to54 10 M 100 r 4 -'4 1 10 0.> 54 0 t 'a0 a0 '1 0 14 to 4)". 0 t4) 10 4) -A'0 '.4 C 00 0 440 0" O 4) 0 10104) W 4 a~ H -4 0.4 0 to0.40 10C 'OIiviI .r,3. 0 0 0) u 0 E 0. U0 0) titH~ 00w. 10 r4u k4) .0 o -4 10 0 r ., 4-,4 0 0 g U, m I 1 o o: . .2#
Attachment 1, passage 260Federal Register IVol. 58, No. 67 IFriday, April 9, 1993 INotices 18785 $4 0) 0 - 1 .44 0 9:*4 .0 0 wi V 0 v ) R to 0 C Li -1 9 4) 4) >10 4 L41 0.,4 (0 e L0 414 ).4 (n 4) 0 ) 0 -4 H ) a 0Li-4 C" -1013- to 41 40,4 W4 34) 4j 44 Li. 0 4 1V u C (0 .4~~-4 13 41Id-4.. ~00~ 0 4) A -4 "4 r ro z -H-4OWO)4 H Lil 14 40 41 0. V04V H W140 to .0 H 4) 0 -4-4 , 14 r, 44 )40a ' %4 - 0 '4 tP 4) Iz r -40 i r. 0 Li 0 90 0 04 .0090 4 4V- 94 0044 0 9 0 ( o 4 1 -JL 4 to 4) 4 4 .- 0 0 A .4 0 k4 C :3fa. (a4 Li 0 0 0A)0 Li 0 0~iL w 40 04 0 LiZ u 0 '4 P 4 04) tr 4 m44 0.- 0 0i 4) I 0A )4Li 0404) 0 0 0 pAw m v0. 0 LiV A 0 C 4 0i 4 -iA ia -1 0 o 44.4 i 0 v V .4 k 4 - 0 (P v) 4).- 4) o .4 -4 0 40 Li w 4j L40 go A*.4 ,4 0 64 tP )- W-4 4) .1 0 44 -H CO 0 V a '0 t0 0' 0 4)0440 )4 0 z'0.9 0x4) 41 0 H r4 z u~ 0 -' H 14 M -'# =~ 00 4) 0W U0v 9 o 0 V)N4 0 P. 4)4) 0 ~- It 0 0 )P44)L 44 0)' 4)0 0)A 0.br o A .0 C 0 0 404 o .(0 tP 4 4 0 r 004). 0' 4) 0 . 0 -. 4L 0 9 > 0 V ~ 0 U 0 A - k 0#
Attachment 1, passage 26118786 Federal Register / Vol. 58, No. 67 / Friday April 9, 1993 / Notices NA N N 4' 0 ' N)Nt N) N.1 4' 4V is- NO 0 0V 9 $4 V t NO V A4 M4O NR VN A VM N 0 0.0- C 0t4' 014C fa0N M. V 0 MV N4 01r4 ) 1 V' 9W 14V0 .0 4( 00-4>.. 4 . 014 0 0 2Ow 04VOu 2 .. -1 a)Vo NMN 00 m' o A0 NA v00 A 00 04' .00O 114 W-4 4)0.0 O OANM U0 4 kM NO k 4 l oN 0 ma4 r- N 14 4 0 kMa 0 0. 0.0 ' M S NV ON4@ MU-, . N-.4 o.-40 V A o44w r 3 r. a)AMMC( o o W 0 A 0 A. 4 . M t- . $4 0V 'I M 0. 144 44 a 4A 4 0 4 V H t 0 H " V 0 -11 k k z -4 1444 .0 to0 V C . w r r to 0 : M4 01 04 FA %4 ON $ ~01 0~ .4 N C 0X 1 04 ON McI 14 , 2001. 4 ON> O WN 4d0 0S3 0 A 0NO 14 W r o M0 4N 0 40'. NH 0 0 M A W 4' OMOMNOk 0X N MM CO u '0 -4 t4 "40 0 ' rN WO A 44 014 . .4N 00a >V 0 V 04 0 00.k 0 k -- AN 0 0 r 'N *.44 t A 01 1. .4U 14 " 4 00 M0.-4o 0 0' '15 0 4 o4 0-'400 M O tp %4 N 1W N .4 0 0 -4 N 0 AWMM 04 O4'.-4. - *~ 0. ON 4JJ 0%W m 414 _4 C M 6 H- 14 M 4 v.1 0 NW 0 to .1 NO4N 0 40 V41 o 4-0 N 2 to 0 N4 C) r' N ON MW W 4 o 1i .4 14 0 0' . 0) 0 N .NN 0r0 04) N43' N.4N No 14-4 - "40 0 NO .0 00 0 04 4 w0N H M 0s. 0 0. 4 14 0 V4 H 0 4A ~1. 41 0 0 0o 0 0 g W m I AC) w 0 Q i rr x N o H ON 0 C0 0 V 3 ON C 0 ' NA 0 N M0"V H 4 ;. oN u 1O 004 0U 4 N .N i m N4 ON 00N 0O4 ~04 00 0V . 0) NO4 ML Ao V4 V 440 W M 4q 14 .0 NW4 0 VO 0 aN 0" 0 N4 ON N)mW M W0 >I 5 :0 N %4 N W) M 0 N0% 4O r A AI V 0 40 04 0 0,A W4 N N 0% C ~0 0A (nV 10-4 1440. 2.4 a0 NN Id' 0 o 10 N 0-4 -A V 0 0ON 0"4 V 0. N 0.. N 0 NA 0 0-4) rAM I0 N tC -4 k4 0 0 > 014 a4 MOU " go 00 M A en m~ Ok#
Attachment 1, passage 262Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 I Notices 18787 C a) .00 r Cc** C ii0) U. 0 us00 wE t_. C = x: a:_ r- - E E =) 0 v *'L>. 0o o0' ,*0 3- -. .- 75 00" a2 cE :2 §. 0 E EQ CZ-M o .C, o E E cc~ -T~ E (UE3 E( 0E II E oe0 EC. z0 -DL CO00 CL 0: a U-- < (D 0u < IO n ' IU I!C1 C 1. Er 18788 Federal Rog r / VoL. 58, No. 67 / Friday, April 9, 1993 / Notices °14 .4 0 M m V'. o G-,.4 • .4M 0 • ]Po~it Ri /he VoL 58. No. 67 I -FMiy. April 9, 1993 / NotMce , li11789 +,,4 .,4 .,4 , 4 .4 r4 r4 .4 .4 ev r r4 .4 .4 mM - * 1 0 w U 0xr 4 ,4 , H I C~I H I ~ 4 o"' 0M 0 0l~ ' " 0 o - 010 aO *$4 I 01 p a) N C 0 O~~ I ~ o o 0 C 5 o ho " @0. u aMb m~ a)#
Attachment 1, passage 2630)4f 18790 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices to t H 0 z 94 01. 4.0 9( .0 'aD)u z U) Aj L)) W C4 q).)) 0 4d 0 w. a)).04 t 0,40 E) 0) >.u .0' ut V)-- 4 0) 0)4 Li 010.44 0.94 ~ ~ .4 Lu C 0 0 ) '00. r , 0 - .0) 0)0 '-4 04 L 4 -)4 4)0 00E)). a0-4 0 tu0 U) 4j C44J 0 01 4 H ) up. -. 8 -. l0 '-4 U) w' w) to 94 wP:.4 9 L 1014 14 N V 0 0. 0) -4 0)) 0) 14' %4'~.-4 -)4 ~ 14)00) A coo.. 0 44 0 -444 0)0 0>.0)3 w V o)0 >0) 04 l 4 1u 4J ) H4 0)-44 .flW40 ) 4 no t 0)i0 ) ~ to 04 00wPD P' Q) t)a) U) q) 0 0 V.0 0i0 %4 Uo tx : -404 .C 0 43 4>. 43 44 H >1-4 0) .-04 34 0 (0 4 to w0 13 41 0~ C) 0) Ou 0 . 0 o 4 00 w) 0)4'0 EO -41 -4 A 0) W43 14 z. -0I 0 41 A 'Ii 0) 0). t. z A r ) P. w ~ U) C 14~1 Ia1> . m4 -. 414p 0 E4 4 >1 U) -4 Pq to g *4 .f V0)L4 14) 0 t4 id0 .g 1. 01OL ta '44 r4_ 4 4) 00) 4' fU -. "4 04' H-IP4. 1 0.19 V) U) >10 0 (D 41 X W)0 #a t 4j 41 a A0)a>. '00)- 0.f ri r 4 W.- . 2044 Pj~ r.o 4j 0* . p. a) 0 1. N13 E- 4' M. ' 0) 00 4 to 0144 a) P. 4 -4 a) 304 V- 0) 40)0 ) # 0 U 0 ) .. C .. p. 0)4' E) 0-(0 C)0 440 %4-fU 0 ( 04 0 0§ P4) u 0 0 0C0) 0>u W 0 )usC m 004 0 w f 3-. 0) 0 )0)4 01 to~~ ~ 0))01 *.4f .x P. P-& 100 P, p. p. to fl0 a P). ~ 0 0 0 C - -4 -'fLD t ))'o 4) 4- 144 J o 0W4 %4' 1 0 wa4 r.0 r. %401 . 4'.41 040) w )to0 4t P fl0C:0) 1 - 4' to H .. -- b ) U) C)0 ) H0 to ) 0 to ) ~ 0 10 'w.4- '4 0 0.'o " .- 4 P.0 to 0)0)Q -4)14 0A ' M 0H Z-m -- I C)~0 41 -0q H1 w) 9.40 p. 1 .0104 ) 40).0 go " W4 0 to3 0000 4 0) 14 A) >.1 H 0) to 0 w)0)0 0 0'd A4)13 ~ _4Wt 4. 0 g Z~ W) 01 00 0) 0)0k P. P).4 -'I 0 )4 V 0.0( C) 0- Q) r0 -A 0) H V0. 0.) .4 A 4 )41 *0 00 a) 14 r 4' 0 04 to) 14 Q )'0 r ~ PC 0) 0 1 00 w . 0 0) -1 R A k r 0 P. A 0 C 10) p.H .00- 00 0 1010 0 4)-.4) I) ko 4) a) P4 4) 14 ):4 m * 9:~ 4 w) A to r ') 1 V4 14 4#
Attachment 1, passage 264Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18791 PAGE APPENDIX B NUMBER B-58 B-53 B-18 B-53 B-43 B-31 B-55 B-29 . B-25 B-30 B-55 Continued HEADER SUBMISSION TYPE F-6 F-6/A F-6EP F-GEF/A •F-6 POS 5-1/x 5-2 S-2/A 5-3 5-3/1 S-3D S-3D/A S-3DPOS SECURITES ACT PORN TIRESORTED BY EDGAR DESCRIPTION Registration of depositary shares evidenced by American Depositary Receipts Filing to become effective other than immediately upon filing Pre-effective amendments Pre-effective amendments Post-effective amendments i General Torn of registration Pre-effective anendrents Registration of securities of Pre-effective amendrents Initial statement Initial statement Initial statement certain issuers Initial statement Registration statement for certain issuers oftered pursuant to certain types Pre-effective amendnents Initial statement pursuant to dividend or interest reinvestment Pre-effective amendments Post-eftective amendments of transactions Initial statement statement plans TO8N ТУРЕ Pora p-6 Form S-1 Porn S-2 Porn S-3 April 1993 PAGE SUMB BR B-41 B-29 B-42 B-40 B-53 B-38 B-42 B-40 B-39 B-38 B-31 B-45 Continued SUBKISSION APPENDIX B HBADER 1:1/a 1-2/2 P-2D P- 2D/A P- 2DPOS P-3 P-3/A P-3D P-3D/A P-3DPOS F:4/A SECURIEIKS ACT PORN TIES ACCEPTED BY ROGE A -1 DESCRIPTION Registration statement for certain foreign private Pre-effective amendments Initial: statement Registration statement for certain foreign private Pre-effective amendments Initial statement Registration of securities interest reinvestment Plans Pre-effective amendments Post-effective amendments Initial statement Registration statement for Pre-effective amendments Registration of securities puterest to vestment plans Post-ect ve amendments Initial statement Registration statement for Pre-effective amendments Initial statement issuera 8084 TYPE Porn B-1 Borm p-2 Porm P-3 Porm P-4 April 1993#
Attachment 1, passage 26518792' 18792 * H0 0-44 4 0 4 4) 1 4) 4) 0"0 4 0 4 Federal Register I Vol. 58. No. 67 1 Friday, April 9, 1993 1 Notices Federal Rezister / Vol. 58, No. 67 / Friday, A ril 9, 1993 / Notices 0 0 0 0 0 0 S 0-0 )0 -4 -1 P f :- W. 4' 1 P: N N N N w N 0% (n 0O C C 0-.-H .41 0.80€ (-, 4 0 0 4) '1 "4 1) a 0 140 H 4 m 0 309 .4( p~ 0) w) "4 Li k " 4 )0& '0, .414 0 4,-' 4)4 A14 444 14 14 u 0 . .4 0 04)v %o " -d' N04J.4 M 0 . 4-P-.d 0)4)" OR. 4)W (0 4-4T). 0 )t -H 04 0 4j 0.1 U 0a0 .4 t-_ag 0 0 14 S40 w44 N- 0 .~o a4 ONP 0 In o H W- 4 '014l 0 to 0.00 a4) .0 m I.) .48 04) 4j ' 0 01 H 0-1 0 00 -0 W 40 0 0 00 f 00 00 O 4E 00a 0 Fro 14 P. t .In I z C -. 0 0 .4 .4 1 a fl. a4 . .. *. H41 w w-r4 0 0 14N in 14N t' ?? ~o .-. 4 f 4 1 1 toc I I I 1 010 U)U U 0 ) t WU La In In 144U)t .4w 5 4 44J8r400 400 14 '-0 0 4) C)4 C4)W , w0 0 4J I'A C4 0 F r 9 4j 0 4), 4W0 4j 4.) C 0 1 0 0 ) 10 0 r e .4 00 9 v -' 0C 4A0 4)0 a-0 W) 4 0) go) 0) r11 0 44) 0) 0. 44.4 )4)4J0~4)4)> .14 4 )4) *.-4)4 4)) 0 : 4)4 C 0 m14>- 1449 044 014) NO S O0 5g 0 g0)-4 4)) 0 a4). Ouao) C Z U 4 4.4~)JJ 0"" .4n)v4v2 04j ) l, 4,t V04 ) 41 0 : g k" 0 r 32a 0 4)1 MW 0-4 - 13) 0 - f*. 4) 4 0 4) M t. 41 ~ Id 4 * 4) 4) 4) M W C -A ) t A, 4-4 -444 44 4)4 444 .1) H > to'1 0.-~ %4 0 o,4) 4)1 4 4.0 C 44)4 -1.V 0 0 r 0 -,1 -W 4) )-f .44- r 3 442 0 4- m 0&48. 0 4 4 . 400 4 04J14 V moo4) 4)U 0 -4 -0-4 to FO -4 -A ) (n310 U..0 40 ~ 0 tIl )4 -4 0 O 0 V414 t 4 0 V a t " r).0 4 4 % 4) 41 4 44 ) 0 4 4 0 4%- 0 0 0 r-4 4 0 1 14 0 V9M k9 ,40 1) 0 0 o4 a (1 : 04#
Attachment 1, passage 26600 0 644 NM 00 MO NM 14 01 p4.4 0 14. w 04 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices mW4 ~ 1* -W N N m N m A. H inU in.4 U) C, A4 r- 0H 04 00 0, 0, 0I 0 0I 0 H 0 14 u 0o C. 0-4C ~545 54 a.4 4 1 0 E-4 9 HV V 0 . 0J 0. 0. 0. 00 ) -' . i ) 0 4 3 -40 4) 1.4 0 'I U 0k I 1 0 S '4 0 ' "I P P4j 0 4 4' 411 -4 0 .k 0 ) V0o W 24) "4 >0 -4 r. .4 0> .'1 V WA ) 4J 0 > 0. U 0 0 H 41 4. 1 .4 W- P' '' ".04 . A 0 4. 1 a) 4 a) a) 0 a) .4: a x .0 00 0. (A -AHP4 ' 0"44 0 0 3 0. V 24 0 1W) W1. W a N $ 4.1 IA .Rr 4 4 ) V' p4 0 ) . >I "4 0 4 r, A 0 01 0 0. ) N V 0 .4 ( V 44 00 0>) M4 01 >).0 0 9 4 4 0 a I 140 r) 0 a) .I r-4.' I. 04 4) 0 )4 4 '1 0 -A I4' (D 4 v 000 0A) 0. 0.a X a) I 4 ' 0-4 W U a)4 N 1 M _.4 $W .4 W 0 a) 44 ) 4 k' - W ) W0 r Vl '4) 4J -4 v >4 H 0 4a4.400)' A 1.4 0 40) 0 4.404 0 10 Q 44 0044 0 0 .4 4. 4 4. 4a) H -44 O U a)Va) 4) C ) 0a4 'd 4) 0 W .4 to V ) U 54 4' 5.4~ ICa4'4 4'. .. 4 .a) .4 ,4 in) t- .4 4-. U U o o Sw P. a. a4 ai V O .4 441 W h • . * .. . I I I do E a-, , -- 4 -,a -,0 C o4 o r11o o,. •0 . -4 0 4 . 04 0 4 4 ) 4 1 0 0 V 0 4.40 > V414 4J 0 go moo _4.1O0 m '-0 V.40ft.0'14 EV4 0---4 0 0-.- 0 C 4 0 m 0) 1 41 4.4 4W 44 a) -.4 r ".4 1) 4'0 ) 0 4 0 4' 4IA4 0 '4.'0 4)0 P4 W. 0. .4 01P4)U 4 j "4 ".4 > 4 Iw >4 C"#.4 0 04' 4' >4k -A.4 .14) 4 0 -dr o .14 1.4 0 U 414 4' 0. -1 -4 '0 a) %4 01 40 a a)00 '_' a-4jV 90 a a0 0 4 in 18793 0 94 29i 14 In) H r4 .4 U) 14 H 90 0 0 4 U 144 N1 0 . -.4 a) 4- 4.1 0 4.1 4.4. " 0a a) 4.1 a0 -Ht -14 0. 00 -4 - > j.a j7 -4 a) 44V 0). raa 04Dd) a) 4 w0 0) 0 04) 4A4.1.0 .4 .9 f) 0) 0) -A-0 a) 4 A4.0 w w 93 m u $.4 0QA) IN 0.w P. 41$ 10 0 A M 0 fO 4 fd 0 w 0 u Ua 'A 1.4 .. 041 ouoa * C 0 040 E0 000R'w -.41 .4.,4.@ ,4,. 1 M 4-W 0 -4. . 0 0 . 4 -~A M4 V 5- .4 w 1,4 u.. A. 0*0 14 0 00 -AII P-ALi L N 403 4 , wa) a 1,4 ;-4 0)- 0)4.1 >4 4 S.044 0 1" 0 E-4#
Attachment 1, passage 26718794 mmm HE'4 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices mm m m w0 V. -W% u .~ 'o'4 : '0 U 0 aU UI 0 Jil 014 0 f4 C4 '4 C4-t M '4 N .4.4 -7 H1 '4 4 '4 'D(' .44 C4{' M 0 0 0 W 40 0 0 0-.'4 U (14 U 4 -. t0 i 4 t4 .- 4 0 - k 4 H w 1'4 14t r .. e -. 0.4 J 0 r , . O0 ee0 o: - 1 14 t - .40 4 14s 14~ 0w t)00 0 00 M.0 10 u0 0 14 410 jj. 0 '4 &J 0 -.5 W-.4 a. aur 01 00 4' i-a urtn urn (i a a0k umn urW 404 -. Ooa w1 0o a ~ o 0? 0a (Do a '.-.a@o. w 0 - w -- 0 0- -. -4 m.-4 00 0-. 4 0a-.4 03 H0 A .4 0 140 m -4 4 '1. ,-4- 0 1 O 0ek - m a 4, a4 0 -. . 0 - 0 wua 0 0 - wo j-' :_ m - a--- 93 0 000 140. -u.14 A0-4A0 V~ 000 4 . 0 14"4 C g-0014 0 -. Uw:1kjaU It If a ~0 A e-'4 u: a 101:>0 JJAj £:a 0 U 0&)4 &J *444-.04, 4 0k AJ40 043 6.4 -. 40 -4 4 Ai40 0 0.A 4 jA 9 o &J~r 0. 43a0j . a )00: R1&b4a0. 00. 0. 4-0. a 0 . W :2 1 04 0 , a0 P. op 0 u (4 14~ F4 'DEoc Wo4 €op 4o0o m r tu .m C ) 0 ~W14 (24C24 H (00 to a, 44 * 0 H0 0- a.- Wn * . 40 0.0 00 (4;0) 0U-) -.4 -A 14.0 .4 . 0 0 -,4 '1o 0JJ 1W4 a1- -4 -. 3. 1J 4 -. 4 4 -A 44 -4a w -.4.4 w 14 00 00 :3 -40 0 0 U0 U 14 0W U0 U:3 93 :3I Oz a)m 0 , ) 0 0 W .4 4o )-.-4 0 P 01 0) 0 k 014- 93- *iJ .3 Li m- 4 1 w~ w m.-4 I- 0 0 '-wO '4 O 00 o tO M o %4 , 001 0 V4 0O 0 0,, 00 a) A 0. W4 0. 0-4 'itO 06. 04 14 ;; :14 H8 0 04 v . , 4 a o.4 4 0 a - .- 4 0 u) 0k,4 04 0 0 Oi 0 0 " A 0fu to 0 &j-M 1 4i a 0 p A6 -. 43 44 .0 ,J4 9 A "O 4 j 0 L 0 '4 Lj .j u- 8 0 u a 0 iJ4j_ Mw -A4 M ft.4 " k0160p OU-0 a0.4 -4 0 41 - 0 -A4 014 9 -.41414- rn:1H -1 wk H Q go 04 0 00. H 0 MV 14 0 0AW: 60 000 a 4 0, )0 a' 0 3 10 a C4 ('3 4*- -0 '1 0.0 0 -44 Sa44 a 014 0 14 001 0 04 6-4 0 40 v . 1 0-1 00o4 eo.4 a aA- -4.o -4 -0- 4' 1 a) a 10 0 U.#
Attachment 1, passage 2680 0 I I 64 0 4 P ME4 Ow Federal Register / Vol. 58, No. 67 / Friday, April 9. 1993 / Notices 031114 .'4e1 r- in H S10 0 1-n Lan o00 00 18795 18795 N N O o ia 0C > 0O 0..44 -.- HH0 IL a 0 H H IL O OD CD CD -. H H H V 4.4 U014 (d 400 0 O-0- -4 0j 0 (D A 0d.1. 104W , 10 - 0 - 140 w (V, 0 - 140. 001en~ 0 *400 a)W 14 (A1. 0 H 14f0. j,, 4401 00. 0 ~ M1 41. t W M 41 0 01 (n 1 144j 0 0 1 01 0.'1 0) H1- 4- OO.=' 01 *d 41 1 1-0 04wO.-4 m 0 H m WO0-A H 0 '441 Hj H- P4 04 P, r- w ~ ~ ~ ~ ~ 1- 3 -40 )v- a40 -H- 44 . H n W J 44 4 044 00 w 0 FA4. 04'4 4 j 14-0 -H m N H -r w I 0 mH4J r 44 "0 . 4.1 0 1 V11-4 010 Vt in ri (d H-4 0C H d 14I04W0 HOS A HV HO4 'H1 W a)r 14 0) S3 -A H -4 0) 11--r4 00.H4 4j 14~ 0 m no-4 u . 1 A rii-I WHV" > 141H V.0 (00.01-10 4,4 0.0 . 1 km 0 ~ 0 " w ( z 0 -4 0 U 0 0 H 1k, 0 0 1N iii U) U) 1~. 0 0. H 140 A H U) O~ 143 143 030. 4.1 11 0 0 0 MW U W. 044 1111 0 4.14.10 0H 11 0 00 -4 00 .0 .11 O%14 0-v 014 014 -10 w0 H 04 4100 0 a)1 0 0) 14 ) 0 00 0 0. '0A 1 4 0 .1 0- 10 -.4 4144 000. 14 .A -. 0 -A -V0 0 0 $4 - >, 4 I 0) 3) e-.4.4 10. OH4 H 14 M0-44 0.0 :3-14.0 4.1 .9 4) 01-dO( 0 4 14 0 01 O 3 14 1 4 I.d3 C4~ 0 0 4.10 L). w0 40V 0 a 0- 401 0 0. HO 0 mV.1 Lan m Lfn in r- In lin 00 00 0094 96 O CO 0 o 1- 1 - F. 00 00 r 0 0 0 0 HHr HrH $ 4 w 0 4. V 44 C, H' v1 0 13 14 1 -4 0 : 0C 0. ~ ~ ~ ~ : a 410 m O 0 011 -'4 M4 H4.1 4 0.1 t ifl 0 in f w140 old WH H I .H :S 0 a P," W ~ ~ 0 m11 W11W J4 0 110~ ~~~ M14 v. 141-i -.41 .1 0H 014 M) 14 a"m 1 0 H 01 00 0M 14 00) -H: 93 4.)0.M1 00 r '411W 11 0 1 0 0 a 0~ If H-4 0. H-.4 0 m 4.4 m1 -4 040-1 14 H1 VV 934 H m 4 H " a00H 4j 0 H M 0-HH 00 464WL f 1 0-"404 fn %4 A H 4( 44 A.) 43 %W 4.100 *d 14,4 C: -4 01P1 11 '..4w m H 01 V - 0 r m '44 .) HW >.'. 4.4H0 HO 1w H 4 14 VH )0rHH f0) w40.-d 401 -d0W 14 9 d 0 H4.I,4 'd -H 4 -H-4 Ai: *I 1 ) 0 4 ;1 " . 3 Jr, 4 J 93 M 111H "0- J M:30nH C14JJ 0 4. HW H0. 140 H 0) P4.4 4 '-'4.1 01 CO 0 0 0 0 DW 4 H Hk#
Attachment 1, passage 26918796 Federal Register IVol. 58, No. 67 IFriday, April 9, 1993 /Notices 00X 004 41 m 0 r o. VW $04 0 o ~ w 33 a . 04 .4 g w0 r .4'4 V w ~ ~ ~ ~ -01U 4 01 004w03. >" H4 En 010.11 * 4 2 t9 0 -14 r 4 0 k 0 %4 0 -1 ,4 't-a -0 V 1 040- 4403001 00 ', P 4 04)(P-1.44 tn 0 0 0 1-4J . 44034 A 4)-C 0 0.1 0- 4j 044 0 Co C)) to M 04 00 -OH ta " '0 00 0110. 14 0 0M 0- 0 44;; w :3 1" 0N 030 0~b 0~ w.0 0 . N. 0 I h $ 00 %4 ON 0(00 ui 5 -4 f4 :3 1431 M3 0 Co& t .OV3 04 44 03 C4s -A0 1 1 1 IN,0i0,'; " m .- 4 w W-I- 14 14 m 0 040" 0 0 '.--1 14 ~ Wr a w00% 10"4 w& 4 01 O r' -4 M,4 ''4 (~ .4 -t 00d 0r M 004j40~ 097. 0'4 ~~440 %.44 000-4 -. 034 0 0 0 4 W. 0C, 0 -44 L .4 hi'44h a . 0i h10 'a 4i3 ek. 4 0W .4f. 01 .4 L 01.0 4 fO4 " W -. 4 0 IO M-0' OH -4J 0.-Ij .44 04 j u w Aj -# 0J 0 0 0 0 0H If I 1d4 J .. u cau 0 . O4300430&430 u0arq '4 %4.4 040a00ja ja W 4 914 -4 U U -4 Hj 0 0 >I w3 ,440 r, 10 ,11 J0 1 0 4i0 03.0 0 a0 (40)$0,0014 UH UN 012H N00 N . P40.O 0. 0(0Vi.00 00v H z 01 Ca w) 0 E4 (0t 01 01 0#
Attachment 1, passage 270jPe&eiAt Reuer / VOL. 50, NtV. 67 t Edida),". fri 9, IMS f Notices Maio1 l5Th 0% O H3 44 H AD 4~4j •0 1 0 .@ 4 . 8.1,4 P.. I-. Ua 0 "' .-4" .- 4 4° 4 - , m0 A. in M o , oo .. , - o .4.-.,-4Oil ,-o - , .. C~~ ~ 04 414 Q.. 04T A.6 C4 fn 44 4A0 0V 0 4A r.44 000. 44 00 .4 4 0 a4 r 0 0 -,- .c 1I 4- %0- 0 4 CL0 W . 0 r 4 on 02 C:4 4-10 C: G-4 o- 0 r4jh~4. >C 4j :I- o >, 4k 0 00 9- 00 0 u r. C m r- o O o o a1 0o 4)oo oo0 o,41C0 41V. o M6 oo 0- " > 0. 0 V"-4 0 . V .4 0. 4 U 5. U- 0 - a a 4-. U. F a4.6- 0.4 0 C. W 4J-41& 0 4 So 44440 C 0-*&A 0.140 4p. krw...gos-. H 4 !5 4-4 ' ,.4.4 4 4. -4 0 4 U... 4 0 0-C w . k 44% fW- '0 0' 4 . (0I o . 0 0 > "4 W : k $A C - o0 oJ r G:v "4 0,4 w - :p.4., a -. - 4446 f 4 0 04 k ~ 4-, 00 0 C 4 0 1090I1 . A.- >.49C 0 f 0 0 14 4t. 4~ Wl 0C 4 0 4 90 W0. .04 1u' r4f IC 0 * 00 4 0 p 10 ,- t" at O, , - FP' 0 00 00 0 00 0 0 f 0 0> 00" 0 p- IQ iv %a 40 CO 4O to4 O , M1i It- .. 4 00 .. 4 a Q w W 1 w6b C0 .00 in00 fA 4"- asV o O ) V) 0 V) L U) U) V)) 00to4 C K Op-010 ..... C" ... 4 a -.- t 4. ' - C .. C- . C. (a 0 4. 44- 0 4A fu 0 0. 440 * 0- X 0 W. 4 ' W . 4).O 40- ) V- 4j 0 C a C C r 411 ~.01 c di - 0- 4C . C. 0 H 41 m 0 0 4, to 0 0 410a 0 4 I O4 El N . 14 1 -4 0 )- R r441 r-, 4 d 8 ) f : m 044C0I 0 0 w0 (A 0 0 0 L (D 4a IV ( 0 H.4 0 o 4 j) V448 4);410 04 0. V 06 Aj W 443 1 40 0144 4 .4M 0 A 0C 4 0.04 (004:.4o '0 4p,) 4j a f4) 0 41j 0 04A W 0 0444 H4 14 1 C. >-4 -A, C9 Ca It 8) C! W- C *- C r 12. '04 00. 4)0,40 -4 .- 4Y, 4 .40 4. V 4 V40 44.- 4J C- 4-O, 4-k4 U. C M ld W44C0~t *k #0 C. ~ C Qj e.00. Ck f0 041 4J.9 0 WC: WAX r t.v = M0 46C a k.4)1-C &.A41C fl,.- -1. a- k 4 -4 4 0 004)f0 40 P r -. 4 W V C&0,+0 V -' W! ).41-4,1 W. -0 1 -4.'0' or) t4 H: 4ju-0 41,.gf 0M Or4 4.M44:g 044 .i 4A Irm- 9 -444 4 4 044 o10 0 tovC ) 0 to 0 1.4 00 a1 0 V1 0 -0 1 0 . m 0a 14 A14 1: 4i X-4 C q a C Q 14 044 04 00 00 9- 0) 8/0(AC ) 4C#
Attachment 1, passage 271187G8 18798 Z HH 44 0 0 4 N. N • , 0 r_ 04 C 0, ' , 00 0 0 a'004w V )>.0 0 0 t 4) H 41 H rC4 10-H ) 4. 00 " to H 0 .0 4) 4.14 0-H C r) 4)0 4 4) 0 >. 4J W- -0 0-H H-H :1-H 01 U) ty U 0 0 4 ;. Federal Reeister / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices low I €004 H H I V 0 V1 P r H O > O 4)0 CA Ua) :1C 1 Ow!'-0 ) "0 41 0>f 4 0 4,) ,) C 4 COO 0 0 0024)i 0 ;4) 0 -40 0 V I t ) 4 1-' 0 C C r 4. ---f V -4 - 0-4, .- f fa 4 ) r fu 43 ) 0 0 V -A- --- G) C0 0 04 OH.a4r 0 ) 0.4H U) H H 0 w. .4 H H I I "1 H4 H 1 I U > r't to C -H -4 :-4 tP 4 "4 C-H 1 40 a0 0-4 W 00U. 0. 10 0444V Q)O 4 H4Q) .- 4 0j C.10 0 rO 0-H'0 40 M _-1 :341 C 4. 0> 0.H -4a 04) 4. r, 4n III I 4)4CD CO4 p. z '4 0 P0- ,4 4 P. 0 0 E. u 0 .~ z 0 0 H E40 0 4 4 I I 014) 0 : J 44 4 4) 4 U 0 -.- rH 0 00 4j -4 C4 CD O CJ o 4 0 ICn . 0 (a0% C -H 00 m r*.. 10 F1, 0 - ) 0 .'0 H 44 00 4.;-44 . 0 0. 004. 410 0'm H4) V 4t 0Q4) 0La4 O N C 0>o t...) w H H C42 -' a) V O 4 to -4 A 0H 4)0u>4 W4 N 0 4-4 r v) 00) -H 4 -444 . ) ,.4 - 0 -HA :1 40 u4.. • ,4 :3'W -H 0I 4.. Q).: Cr- 4 0 0 4..- 4)4) 0 - H) C Uy 0' 4..) 40 C 0O4 4J 00 -H :1 0) -A - 0a 4.) -H'4 0) C E 40 -HO1 z .J..~ ~ .. pr-4 :1 4: 44 00 4)4 4)4)n 04) 00 -H 0j 04)0 4.)- r- 40 O C4 00 . 1' C H4 4) 0 04)04) 4) 0u -HO 4) OH 000 C 0 U ,n n C Ct U) .C 4 J 0 0 0 *4., 0 C ") 0 C 0 4 0' -H (I Q) .,-I ,- ) r0 02.4 42.00.C O0 a) H C u ~04 94#
Attachment 1, passage 2720 Federal Register, / Vol. 58, Nm 67 / Friday, April 9, 1IM3 / Notikes N w 0 I I I m 001 .4 NN 0 0 .0 Im I IQ m 18799 O z 0 4.4 H cc 0 .2T 1-4 It 'a4 40 V-' 1: r1 .4.1C: Unr: 0 0 0 1"-4 : .0 - 41 v V w-4 4. r 00 0 0 144 ' :3 0 4j 0 :3 4p 0 a OO 0 I0 14 0 0 - 1 0 10 1:1 4j O1 U0. v 0U 0 u all -0 m ,0 0DIM r.. 4 -4 c (d -4 C 4 0 1:0 -14 10-10 0 1 4. "1I -4 0-410 "00 4V -"4 --4 41 -~0 c I -1.40 -11 a 0 q. . 4' - W40 r1 C 0.1: C- 0--41 )V -A4l4 0,.>. -- , -A 4 0 -A14' 0 0' 0 '40 it4 0. 4 4 u0 0' 00a 0 > > 4 -4 0444 -M4J00 4, 1 0 Zz0. 0 0 r - 0 0) C: 0 or M .V. C: - 0 . 404 4 0. 00. % M4 M 0 a) 0 r > 01 000 Ix~0 4'. - r "04 .0- 00 ,. Oktl O 0 0 m N40 4 1 tn a-, 4 en -t- 4 I* m-v m In In N 4444 N r- 0 414 'N '-. O *0 v0 - U 00 1:- V 14 404) %]4 1. 0 1 : 0 0j.11 1: c 0 E4 04.p 0 0 0i 4j C 4juI a. 41 0 00> 0 H- 00 V >-A 4P > 0 01: 0 000 0 -4 0 W,444 0 4 0 fl-4 0 440W014; 4 t r 0 1 0 w '4 m) 4 04 41 V4 1 0 0 C *.4 0 C- 04 04- 0HNA.H. -0 0 r 0 14 w=0 -10 44 --4 4) 1 0 0 01: a)0 4 4P k~~ 0 N 0 0 0 4) 4 41 A04 4) 1-> 1: 1:.C 1 1: 0 0a) 4)V0 0) 01: 4)0404) 0 0 W4) 0000a0 0 0J0 (UI 0 #0 a$ -. 0u 104)010000 a, W 0' oM 1004 V>V > 4J -4 1: a0 1:44)4)) FAU0 4 01-.44 0 -1 -4 0. 0) 0 -H 4)44 0.4 Z .)0:0L14. _44 0.4 to '4 W14 m. 0 0-_i 0 .4 0 .4 0 .1C .0 -40 V4tV4 4 I V 4-4 0-:3 10 0 W0 V 4 (m .4 041 0 - 04 0 4) 44 -4' 0 9 v m r_ 1 4. tr M04-4m0.H40.44 0 4)000 o 4 40 el 404 A 4 c ew ~ 1:coc tn :3 tn 0 I oo o co 000.4 4 4k 4~o 0C 0 4 0 4 0 4 C4l 0 C %a. C W w v 4j 04 is V 0 4 F1 r. 1:0 UL0 0 r, 4.- ,.4 m 0 r. 4 5,-4 V 4 0 ,M .: . V 1:0-4 0 m , G4) 0' fn-a f)4) 0t 4)0 9: to ,, 4 . 4) 4J 4 V :04J -1W:0' "0 W: 0 , " ; -t 1 0 - 04-,*0I :I 04t4)0 4)-4 4) 0004m -4t r40 1 0 *4 -- 1 -4'0 WZN.4 44 1 4a 1 4 A 4 4)4 4I.40 2 .I Sa0 ) . 0 )VZ'A44Go I4. 40 -4) .1N -40 14- K.p4'0- 4- -4 .- 4 3 14 0 0 -4 ZK 14 %W to .. . . 0 14.#
Attachment 1, passage 27318800 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0 oe, 0 -- I I I 4J 0 U 0 (4 0 '-4 14 M* 10o 4 00' 0. ' .0-o 4- 0"44V 044 '440 -'q0 IF (60 V 04 :*. 4 .-- . 1- .1 ..- r. 0 o3 ,- ..- 1 14j 414 • ,4 0 0 r'4 0 0 04-20> 444' 0- -4 0 0 -4 .,.- 01 0 N - -4 >4 0 14 4J 0 4 0 4 040 -4 W 4 4 40 "0 0' 4 C :- 410 U -4 044 14.-' 04L0L400 V 00 0 Ovor- C :, V 40 - .- I42040 .4P 40 0 424242 - 4' 0t042 LI 0 LI 40- 04 0 ) .,. -. ,-0 E-' .- $40 4 U1 0 -H 0 4 a '-4f 4..W 0 -401 "4J 0 C- U0 -4 0L t 0 0-4 04- .- 4 14-. ::)-- -44 M> r"-C -01 MW 04-4, I0 0a 40 40 > fu wu a . :4 000 -- OLO4 0 0 Do , 0 "0 t. 00 :3 Co w v C 0 0 41 M 4P W. % - >. v 400- a -- ' fo r . 4 04 Q) m- ,- u'O 0 0 u:," f04 rz 0 00 040 f C -r 1 1 .4 a, -4 .a, w0P2 4 -V - v4 0. M 0 4C20 go C: (0 0 0 V 0 'M ''3 0 >4 U 41 O' 4 1-4O' :1 ~I V 4W 0 40' * 4, & U ,#r 0 Ia.- 0 M-0 4jt24 04 14 0 0 0.0 r v44 0424 4S2. 4 -4 F - 0. 00- 0 0%44A 0 04 I~ 4 '-IH F4. :J 1 I r04 4P4..4 " 4II0. 4 P 4.. P240 424 0 A.-I '4-. N0 . N 4 '0 0 M CI HP. ~ 00 0 z A.z 0 It0 0 0 (n N P. N. N '04 4' '4 'Pa*4 4 141 o~ 02 V 4 J 4 -1 P . 0- 4 0 0 C0442 0 4'-v z O r4 4 40' 0 H 00 V000 P4 0V.0 > L 0 t 0 0 r 42 >4V2 400M4> S 0.14 fu '10 -,4 r --f0W C00 42 42 42 -4 IC-424j W4 04L 0 LI 0 C-.40S-40 C; -4-I 04 04 '44 1P" 4 4 .4 k 4 00r04-f 0 -- 1 %2444- V4 0 0 0 -P04 -- 0--U>.0 -0.0 U 4 4 40 04 L 0 44W Z 0' a0 0-0M am4u0 D0 0 " 0 0 v0' v 2 -q4 v2 W 42 'v4 4P 'aI I 41 040 .04 040 W 0 4 ,.4 , . - 4 .,-44 .,44 041 0 4120 10 r4P0 :2 0 0 420 404j 0 0 -W 0:. o 0 0o -W P4 9. 0 V4 0 0 V 10 WI r00 (A 00 (40'1440 4 000 C 0I 042 C v 0 0 00.4 04j, 0 .- 0442424 0 420 t 2 4J -4 0 42U0 4204I 0404 .,,0"C ,- 04 - .0 0 .. t14 0 , ..- I 04.€ . - .,,-C - '* 0 00 40 u o ' 0 0 400 ( to42 42r- -41 '4 -42 C24 .4'4 r04C 0 MO-r-QM C404L C4 40NMO 0 10 '40 )'0 4l00 a N00 b, 0 C000 10-.4N4C00 4000C 4 -4 o-4 4 0 m ' a-4 t) '42-, 4 V 40N4 0 '-IM 0444 V W .4 04 LI $1 '-4 1- LI 0.4 V4.v40a-44 M %4'4 .0 :1 :1'0 " 4 4." ::1 '4 '4442 - :J .- ~0 V r4'.41 -4 :3 v4 '. -4 a C6.0.0f 4' 4 g " 42.40w00.0 4) *4 0. e 4.)44 '44 444 4o--4 M- 404 4 %4 '00a C Q4-4 Uj >,'U.4A-4 F >.'o '0.4 a 04I U >'.-4 19> 04 0 40 V40.A4 04424 A 4 -f 42' 'D 0- 444. I .- 1. J 4 : 1-4 E -4. :3 40.-IO-4-4 404- r :3C:-4 -A f- :3 C 421 --- 4) I:)-0 04 )g -0t 0.- :0 :4 0)' L 0 -4 I -0W 0 0 66 0. 0.#
Attachment 1, passage 274Federal Register / Vol. 58 No. 67 / Friday, April 9, 1993 / Notices 18801 PAGE NUMBER B-32 B-34 B-20 • B-8 B-8 B-10 B-26 B-20 B-8 B-8 B-33 B-26 B-17 B-36 B-28 B-17 APPENDIX B B-36 Continued 485B24E 485B24F 497 497J N-S N-5/A POS AMI 497 49.73 N-14 N-14/A N14EL24 N14EL24/A HEADER N-14AE N14AE24 N14AE24 /A SUBMISSION TYPE TABLE 6 Continued INVESTMENT COMPANY ACT PILINGS PORM TYPES RICEPTED BY EDGAR made under the 1940 Act only POS AMI Filed pursuant to Rule 8b-16 of the 1940 Act (for filings Certification of no change in definitive materials Registration statement for small business investment Pre-effective amendments Post-effective amendments Certification of no change in definitive materials Definitive materials Initial statement Registration statement for investment companies business Pre-effective amendments Initial statenent with 24f-2 Pre-effective amendments with Initial statement with auto- Initial statement with auto- matic effectiveness with A-22 DESCRIPTION Definitive materials Initial statement 24f-2 election matic effectiveness 241-2 election 24f-2 election 24e-2 conpanies combination PORM TYPE Form N-5 Form N-14 April 1993 PAGE NUMBER B-32 B-34 B-20 в-8 B-8 B-33 B-44 B-17 B-36 B-44 B-20 B-32 B-30 Continued ТУРВ 486B24F 497 497J S-6 5-6/A S-6EL24 S-6EL24/A 487 485A24E TABLE 6 Contizued INVESTMENT COMPANY ACT PILINGS PORN TYPES ACCEPTED BY EDGAR submitted as a 1940 Act only 4868245 nade under the 1940 Act only) POS AMI Filed pursuant to Rule 485(a) 485APOS Filed pursuant to Rule 485(b) 485BPOS DESCRIPTION (This filing cannot be Filed pursuant to Rule 486(b) submitted as a 1940 Act only with 24f-2 election (This filing cannot be Filed pursuant to Rule 8b-16 of the 1940 Act (for filings Certification of no change in definitive materials Registration statement for unit Pre-effective amendments Initial statement with 24f-2 Pre-effective amendments to filings made on S-6EL24 A-21. Pre-es tited pursuant bend- Post-effective amendments with additional shares Definitive materials 24e-2 filing.) filing.) investment trusts Initial statement election under 24e-2 Rule 487 PORM TYPE Forn S-6 April 1993#
Attachment 1, passage 27518802 41 z 0 H #4 0 40.- r 0 0-1S 0 4)-.4 H P00 Po 4 4) I a V 0 4 4) -4 0 O 110 r)0 In 03 0.0 b IO. 0 0 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 11" *f' #4 II 4 4 4 oo n A 0 U U 4 4) 44 U) V -4-: r:0 0 44 In w 0 4 4 -- ) v 1 >14 r u t 0 -4 404: 0 v .- 40 M.-r 0 P 0 4 -.4 O.Q 0 41 - 4) u 4 j -4 > -1 Ci 4 - -4 1 4 0310 0 '4 0 0 0.4 4: V0 04 0 o0.0-4- U) 0- 40 00 r -4 a) In4430- InAj QS >D U 43 4: 4) 0,4 (LI 010-4 010 In to -1 %4-14 U.--4 C, 4) :-. 04- H 0OA u z z >14 I I 0 4 4 04 -I >.. 0 to 40A .- 4 In -0 0 -4 4) -4 44:4 o 1 '4 -4 -. 4 4: -4 :1 4) C U5 I -14 0 00. .4 I.- 0 0 Ln ini ko 4, 44 4 44 40 4)J .00 >0 a 4 - 50 4) ' *4 43 0 % ' 40.0 0l4 4a0 140 a) 0 f0 6CC #40vIc0 a-4-Z6"4 04- Q)1 444 044 0 0 z H '-4 H 0 I I 0m 01 0 w .- 4V 00 43I 0 > M-- 440 -4 44 kn in V% -S r An .- 0 0 in 4n An i M, M 4 w z N C4 N 0 NC4 I N N 0 C" • ,-4 0 fa 04 0 0 j 4 4)04 U.14 U 0 - wJ U .. ' ,-4 .0 o4 0 r 0 ) 00 C 4 V : 4:'I ®' -,"4 O 4.5 0 ,x'. "' 0) .' f4 4 -014 0 0 0--4 -o41.. N 0 .-# u 00O 2 9:0 Itr 0 r.)' :1S 0 0 '4 or'o 41 0" a" 0-0 OL~ 4 44 4: 0 S1010 L" 1 In4 10 C 0- 4: a) 0 04:4 0 14 0- 444) - 110 In U 0 a Cn 0 w a5 0> 14 144 40 0 '7-:3 0 6 4)k C4 4:#40 C1010 040 I I I I 22 z z C: 0 .- I 4 4 0 441 04) 0 - -10' 44 a4:9a 4) 3 -4r.r w P.- OwP 4) 4j 0 - >10 4-4 Ir 000 0 z ' Am z z I I I' 0 r 0. a : 0 0. 4 0 C.4 -- a)#
Attachment 1, passage 276Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18803 '0 .4 -4 14 0. m' -W -W U, It I~ I~ I 0 I , f I 0 I' I* I I I I If~ I Imm I I I m 0 9H 0 H wWH 4 '0 E04En m 40 0 w E 4o N 00 0 zzz z z z zz. z z 0 0 1 1 C U 0, 4j v4-) 44) 0 0 tya V4 4J 4 .- 4 )0 t 4J r. M r 0 0 0 00. 0 -1 X4 go : 0 F1 0AO 0 40 IV 0' 0 r :1 - .4 W) M .14 -4 $4V 4i 1'4 -4 a'W 0) $- U WJ ~ ).40 V 4 I 0 C,) 0 r 0 ) M t C .I t .4 -H 4P -4-. ~ P *0U)) a 4-4 0 a r 1 4 4 4 1U 00$4 4) N) 404- )44 r . P )l C .,V 1 41 4--.' 0 a 0 0) $4,'0 cc v 0 0) w Z 0 ~ 0 "0w 0 0 ' 0 0 4.%.. 0 > v 0 1" 0. 14 4-,A 4 4. 0))-P 14 V -4 V 4 V 0i 4J.9 X 0 4J0 f 0 0 W 0 rM E te :3 0)4 0)r 0.w4-4 *40 q (n Z0 P 4J. 4O W0W 4-. LtU 4 M 0 4 0 V 14 0 V 4J V W J0 44 -A442 0)44. 4J 4PJ '0 0)4 0 9340J-4 0'-044~ 04 00.'U r- CO. 4 W H 0 'F3 -H 4 4~.~ .4 F1 It 1 0 4 0 14 W.. r 0 a ,. U j V0 Cj §1 -0 I'%:: W 0 4q0 r0 0r to#
Attachment 1, passage 27718804 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices ml O O '4 Ch 4 1 C I 'il I mlm II Amli1m, M, mi II mi mlm iimi 1 Iz4 HO 14H m H0 MA • a, ° ,a * , °0 4 ,.1.l. ,.1. Ino. 40,° .4, .° . 0 .41.° °,.I... 10 0 10 '0, , I I , °1 , ,,4 1 °$ In°,°WU ° ° , ,.) 'l f' 11°11 *1 . 0C 'n0 14 4 H4 M N NN IC 0 IA to O to ° ")I.U) 40 0 0 t0 00 14 0 0 A~ 0 0 .4 dU w 400 V 0 C 40.t 4j V 010 40 014 0 0- .0 4-) - 0 0-4 0 I 0 0. E' 4 V .0 ' .-I 0 m 0. '40 D'.. E4. k ) 00 k) 0040 r i "- 0 • 04 0. .00 41 4 0 " 0 0 ('44° .7 °1 • ° 4 ° InJ w w -. 0 °.° *4 °' 44° (411° Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18805 141 'r to 1 v4 0* In r, 444 n f I t 61vl I I I4 1 r v 3 41 4In1 I4 m4 o °( ° 9.°°°° .14. °4 °. ° ° ° ° 4. °. °. °. 441°4°4° C1 a a 0 °4 ° . .4 .4 .4 H- H 4. '4 -1 -0 41 ° • o • .w ° ° ° a a in a ,4 H .4 H to 4 u 4.. [L. &.. 1. 44 4 4 1° 03(.4 'C *- .9OH'1(to v7-. n71 N4. 1'* O. CO W( QO cococ . - 0 4442,Q 14 14* 4 4 1 4 4 44 .64 M444 CO3 mom4 m Qi~a4 'a MM9 Lu9 1040(° 444 144°1(4 4.4o44• C 94 4 o4 °4 o .7°7.7..°.7 ('IN ° °'i' ° ° .7°7°7°7°7° 10 C 1 C O0 -N 4 ('O. 44 ° R HN C44M(4#
Attachment 1, passage 27818806 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices d I ' 4', 4 * - . mm MA mm r N N % k 10I Im mm m ro n t n t ,, I I 0 ri In n i I 10 10 0ilO I I I I - I I I a IQ 1 10 mI I v I It IQ n a m n I 0 000 00 • ,° 0 °0 c •* ~ 00 • .- .- 1 It 00 C • • • 00 0 o 00 00• 4 • , • • 4 . . . 4 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18807 wo mm, wo ww.mm m n. mI lowI °°0 °.J H u C r °° II ° °. -. In i kn 0a x x 4 -4 0.0. 0 0 I I O.Q C4.N in 4H .C. ,.4 -H U)U).-I° .4 ' 4 ' 4 inain '. iA I -4.-4 H o HHU 18808 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices * t t tr 'I a. . t mm -4 q 0 .4 a 04 ,04 .14 H 4 4I 1.4 04 * b,1.c r- t'r- r 1'.. c m O to O 10 r m 7( V O v %0O O O O t'- in r-tf '7' '7' v v v r-tf v7 P.I l 01 I II Im 4 I In 1 I nI I 1 nI In it 10 It mm mm a 0.°. -. ° .4• .4° 0 ° 'flu' 14.-,-4t D •.o .. ° S i N M • I , I I 'Lu'% -W 1w 1733 A 07,1993 Ve.Oate 1-MAI-93 .M34090 PO00000 FIIOOI72 Frrd4701 Sf0 4701 E:AFWRFgAAP3.002#
Attachment 1, passage 279.4.) 0 z '00 0 04 10 ra 004 to 0 C r4 *0 Federal Register / Vol, 58, No. 67 / Friday, April 9, 1993 / Notices o n- ,t tD m( M0 -co r. o o (ltn .4-1H0oHo 4 -# r- N m1 1 mi m 01 1 A11 1 to0 0 C4-, P. 10000 1 00 m mI IQm mm 0 0 m (0 IQ m 0 1 0 0 0 1010(011 II ,0 ° 18809 * ° °'7 ° °,,° .- °,(4° 0(°°o, dli°° 4UW°2W -io,° :H x 4 ...0 • ° (0 .4 .4 .4 .4 ' - - .- 4 r74 N w f "4 14 N4 w N '7 .714 '7 44" 1 1 .-4 -1 .- 4.- zzzzzzz 4 C" zz v -tn HflO 0(f -. 7'r N r. ON'7-WO0N' 0.7' 4 I H'N f ON'7ON'7 H'7WNf m' MIn c4 (~c nN NN NMMnr wcc r4 r4N NM NM r4c 4HNnmNN m 4t f4 4mA 0r 4r 4) III III 11111* 411111 II I I I 1 4 1 1 ,°°,,, (n ° • 4 (' °* (' I 4(° U°U°)° ,,,'°° vv-w w - ' V,-°V -w-Wo 1 toU I ( 0 < . H 4 H4 H H H z A A°AA 0 v -w 0 -T. M( in LAl in inl (f wc co co co co co .4-41, MM °M LII 4cWo 2; ° 0 -W 0 w v CO CO CO (0 M co z~zzz#
Attachment 1, passage 28018810 Federal Register / Vol. 58, No. 67 / Friday, Ar,1 9, I093 / Notices ?? 0 -V VI VI V b In v - 0 %nII 0% 0. ab to ~ ch f Lp h n 4 * II I I I I II I t a m mm mm mm m '-° oo° 000 ei r' • SII zzz I I#
Attachment 1, passage 281Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18811 A U 0014 4.- 00 W) U U) 0 w 1 • 0 ° H > .. 4 .4 V 0.4) t 4j- W 0 4 W 0( -.- q .4 0 . >V H A 0 V. : U)W Sf0 1 V U 40 420 -0 9U .- 0) k- a V 01 E0 w' (aQ:1( o 0 0 4 0 4U 4: v 0 a:. a) 0. r) --4.0 4) .1 -4 a)4 0 :1 E- VVV HA O A w'0 PH 0 P. 4 0 in H- V v t4 O aJ I) 4 0 H- z 0 0' z 0 uI4 0 u W 3t I A Z W 0 "ZAWO 4 - 0 . z H 1 l H~~ H ta H in-. p V V 0 014 U) -0 0'0.o 40 9 V0' 0 w 0 0. *. a 0 'u 01 000 •.-t 0 41.0 .014€ 0 ,0 . 0 0) 0 to " to0 A0) 0 0 40. 0 0 0 U).- 1010 P"..- w.4 44..) L • 4 -4- UN S:0.0 " . 4 4)0 00 . 0 to .14 -4 - to0-' 0 " 0)m 41 ( 0) 0 -- 44 14 P 1w 0 4404)a) M : 0 C:) ~0 4 -4 0.0P 4) '0 0 4) w'0m)C4m X -.- 4 1 -- 4) 0 -- 0H -q40.90 r--4 -A4 00414)0.1 004A0114)1 40 --4 . 0 .-- U) 00% t - 4 'q A H A A u A A ) E-4 oz UA 0 Z AO ) W 0) A A U '4H A A I' *AWA W W 4 HHA I A IWW A W .4 0 a zU)4U 0 ( "P WV V V V VV v H0VlVVV0 4 n I AN N 04 z z V z U) Wi V V v v v A A H u A U 4 A U) z En 0 C Z A A A A E) t4 -4r-N H , W.~ 1 t I H HH A A UH H A AN LI ZAWNANW WWWAW 4 H~~~ 04H00A :2"H4. 0ZOU)E4 A 0. HOL)1U4 ()U)c H "VVVVVVV I "v v v vvv U. I 0 V V V z V z 4) w 44 n 0 4 0 0 Cu0 to P.-4 a) --4: V0 11 0% -- 4 4:0 0 4 41 0• x0 4 0 .4 I24 444 b0 000 (D a4) 44 0. 44440 04)00 40 .4 P 0 -A 0 0 0 -4 0 4) 0.4) 0) 04)0 4)4 r4. S--4w 1I -4 -. 4 0 r 41 P-4 0 4.4 40 00 -4 '0: 14 0 0. 44 1- 00 W44 4)0 00t 4j 00 0 4 r §f 114 4)4 *0 •'4 .,0 0 .0 :3 -40 'a: -4)0 mx0 0.4: 4-444 40 040 Ia W o4 00 .. H- )0 .0I4) 0'.-) 0) 0 P. to 04:-. "40 X4 r 4) 0..-) 00 14 A z 0 0 A A.0a 0 W A A U14 OZIA4ZflE-4 0' 42 1 a. a' '-4 -4 --4 14 0. 4 4 0 . 0d 0 r_ 04 4) 4 0 4 .0C 40W 04: '-4 40 4~1 a' a' --4 14 0. 4#
Attachment 1, passage 28218812 4 4 --- 4 00U N N U 11 ( r 4 in i n . 1 00 ' 1 Co 0 tq Federal Regser / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices C4 ko. O 6 Co )f I I I zI I I N 0 lgi 0 -1 0 4P 0 O 'S .0 u.4 0. 0 0.0 0* U . U 0 '4 0 0 No 0m 0 '"040 0. 0 0 0- 0a 0 .4 00. 40 4 o 4444444-- Am 000 00ON -- 4 m m 45 60U4 0400 La I8 v1zz C4 A 4 1 '10~ A. 4A 06 Y Hf 14 U0 1J 0 AO O0 fl0 A F14 ; 40 Ca-4- I All)"> A A( ww u E~ V)~ A WO~ M 1-A IA A ZA Wc ND H-A " " 4 0 E 4 U.M 4 - x oo .iu- W~~.0 to Co v o~ zv v.o v o zzal..0 0 vVvvv vvv VV V V A A o z 0) 0 1 3U^AA A 0 0 > 0411 r-4 01 10 !0 0-4 >4 IA0 to) A0 90 000 U 40 z 0 6-4 r .O 00C 010 4 00" P6 -4 00. 4000 &4 .0 - 64 0 2 14 00 E4 00 z4 in -41 40 -A .00 -. 4 6 M0 4 44. 0. 0 U-4 0- 4)0 0 41 00 0 $4 >- 0 Ho) .1 " 0 0 'tP 0.10 4P -4 $4 C 0.6 40 0.0 W . 0A 0 4 to M0 u 0 a . 0 C ca -40#
Attachment 1, passage 2834 IQ NO CN N 4 N Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices W 1 01 V"0 U d € I..£ 0 0 0 oO 0 010 "UO 00. ~10 4- 04 0 (0 4 o(. Co 0 62 5-0 0U2( (4.01 r. Zr.. 4 - 1404- 1881J ,0 10 1440 10A m N 1.0 iL0. I Go 2 41.: 04: m 0 A-0. 0H A - u0 zoo u 0 200 14 0 EOil Z Z 6 00 0 ,C4 A0 .0 IZ0 H A A' C6 - H 14 H H "H A (n0' A 'C4 A- 5- ,0 Er (0 ZZ(0A14( A -A Z (4( to (4 1( 94:4H >A AA W4 4a 14U H ZH C14 HA 0 X-4 L, X 0.3 A-M 0 X3 MO LZ O z -. 00. (F0.F0 14 2O.02VV(0OHVVV0..0414 VV40 00 v0 0v( v -- &.\v v v v L- v 3 VIAVVV vvv A\'OVV vv 00 -4 '-4 .4: - 10 ~4: (0 * 0 0 0 -4 -4 >4 1 E4 0 0' 1. 0 O 2 4 0 (0 0.4O - .-I N .4 .4:C 0.1-. "W1 z 1(0( H ON 01N t0 0 Zz z 4 N N Z (U) 0 1-F. F f-.E.-0 zz* _ zIz t I ^0 X , 0 Z, -(- .l 0. 14 1 t, X L . .i Li ..- I ) 4-. U 1 U U " 1 :1 0-I~ 00 44 4'4)- 01 0. UU U Vm: u 0i - 0 uj .()4 0 il. 0 4.44 4 N 4.. I ( 0 oj - -4 0) 0. .- 4 0 0 0, 0 0-- 0 :1 0 1w a 4 0 -4 0. .o .m 4 440' 4( o' a.o 4*2 1 . r 4L4 .+0 _4 "~ *O 0 ul 0. 0 0 U U 01" N u1U 14 ~ ~~~ 'a 20 4 ( ::) U U 4 I 20 . 2 (0 0 .-, E-:- vvvv vvv v wo v . A 0.4 0 -"r.U (0 " - ( . 0 N, - -. '' HH z ;! . 0 A u.. 0 A A U 0 A ,r A Oi L, A 0/t " 0 1-0O 44~ A 0. -. 4 2 H '-4 A0 4.4 &I' ZVj 1 (0 A4 4AW-fl A I AA A (4(4W (0 1~40(Z 4A A I0. It~ 0. 4 [4HU14 . - D20. .7-Z _ Za.,n 6--0U . u - ".4 14 )( I..044 u jI.I. 0 vv-vvv vvv vvv'.>-,i 14 44#
Attachment 1, passage 28418814 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices $4 U4 0 .4 ( 00..4 ~00 10 U co .4 0 r4 0 tnu ou 0 o~ 4040 44400 q'UO! S.4 .. o v0 *40 0 0 0 0 -40 0q m 0 3 (N N N4 0% -W IV v -T .0 0 ' 140 .A 0 4) -. 0 t I m W 1 0 in A A >4-. H z 3-. 06 z 0 A A W 08 u z 0C A Oi1 Z ~H z I-4 z 00A.~ 0 1- AO0 1 0 ZO H :4 A I. F " C'-" A Ml " Z E (n4 M4 U) CA W tA I A A 9A W ( Q) 34 .434 >AAAC4 WOE- " M~ H A 6HH 0Zf 4 4. L 14 x wW x-. H34JU"".4 W CO.J.1 w t3439 u0(4 'Z3'. -.S0 v v vvv vYVv v v v v vvvvv-- - QA.. . 4, 00 r A)4 C v 0 0 1 X iv- 0 3-. -4 0 040 0 0" (00 0 0 .1 '0.O N S 400 .34 x w0 1 -4 40 '4' ON .4-4' 4 ~ 3..3..M3141 Ill 3434, 444 0.400 00~.4.4-4N A4 F A 0 A A O H 3~ u u Z 0 A0 0 I ZO H A, A H H J HH A UV z tA P U AW A A A A H A Z AA 0 U WZ A AA 0N4O4UF-NH W Y) 30. En v Hv V.t.4Uvv ( (f) H Q400 'z VVU HVVV3.4W4X.J v v vvv v vv vv v vv v v 0 0. 0 01 -4: 0 Z 0 ~.0 cc t#
Attachment 1, passage 285Federal Register / Vol. 67 / Friday, April 9, 1993 / Notices 18815 15 characters GUIDE TO VALUE See List Above Up to 3 digits Up to 30 Characters Up to 20 Characters PORMAT Compuserve ID Up to 10 digits Up to 12 characters 8 characters • Up to 15 digits Fedwire or Lockbox Up to 15 characters Up to 15 characters Up to 15 characters Up to 12 characters Up to 10 digits See list Appendix c Up to 10 digits see list Appendix C Up to 50 characters 2 digits 8 characters Up to 1-2 33 10 - K N-2 B-10 T> TAGS FOR SPECIFIC SUBMISSION TYPES «DESCRIPTION> filer's submission. N-2 <TYPE> <NAME> ‹PHONE> <NOTIFY> <FILER> <CIK> <CCC> </ FILER> <ACT> ‹METHOD> <EQUITY> ‹DEBT> <OTHER> <CIK>* «PAYOR> </PAYOR> «DOCUMENT> «TYPE> April 1993 15 Bin diana 00.00 •Por the submission type shown with an asterisk, the tags shown sypes stem, se tags are optiona For all other subalssion B-9 TAGS FOR SPECIPIC SUBMISSION TYPES 6. POR THE POLLORING SUBMISSION TYPES: KEY TO LEVEL OF REQUIREMENT FOR TAGS USE THESE TAGS: ‹DOCUMENT -COUNT> «CONFIRMING-COPY> «SUBMISSION-CONTACT› </SUBMISSION-CONTACT> «FILE-NUMBER> ‹DESCRIPTION> NSAR-A NSAR-B NSAR-U 1 ‹SUBMISSION> «NAME> «PHONE> 1 <TYPE> NOTIFY> <FILER> «CIK> <CCC> </FILER> «PERIOD> <FEE-PAID>* <METHOD>* <ÇIK> <CCC> ≤/PAYOR> ‹POCUMENT> ‹TYPE> «TEXT> </DOCUMENT› April 1993#
Attachment 1, passage 28618816 1 00 0 C'4 4 4 N 0 H ta 1 0 0 0 Federal Register / Vol. 58, No. 67 / Friday, April 9. 1993 / Notices U0 N4 x ) 0 . ,a14 0.4 40 0 0 .1 r 0 a, 0 '0 '4 0 "I' u 0 0 (4 N -4 ..- :.C N S. .- 4I~~ 0 A A >.(- A A A u u 10 A A Oi 1 H - 2 u0 0 A 0 0 1 z0 H H A W E H H MHA OA I AA A AEC0 AAW140(-' H V (AOHVVV E I'. NU 0 v v V v vvv vVv v v v v .-- . -v-0- I v. - .fl v - - v . 41 0'- 0 w 54141 V fS. 0 000 00000 "-4 :r£ : £4U 044 0 4J IA V 0 Sn o u) in i .- 4 w -4 -4-4 '1 14 0 -'4 0 0 0 0 )t V0 4J 4)4V w4- 0 Co (4 00 0000 0000 XOOOO '00 11 .o 0 0000 0-000 00000 m 00 0000 m~ 0.4s-14 .4 .4 0 0. .- 0:ou l- z 0. 5.l .,. 0 0 50 0 0- 0 Q0 016 Cu 0 0. 0 ak 0 'I 1 4 0. 0 0 -4 o% AA A A>.1 Z X A 2 -l. 0 A 0 0 A 60 Zf A 0 A 14 ~ ~ ~ ~ - AO OHCQ ANH0 'A o iz H f. "F A 14AQ9 0 AE. ( M ( Z X MA W WA I AZ R"A A AZA HAMC'n X'(1 zU 2 >A AA W ; 0 >- E44 AH 0 XA 14 . JI.~ ~ H- U 4q C 04 A.~0 U) x P AU.4' A A~E A >- -14140 p D, 0 vv v Z v v vvvv= 141vIvv 6-vvv v vv 0 . .)~ ~W --- -- I..........(..#
Attachment 1, passage 287D. 0 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices .18817 01 U) 14 $4 W)u 14 U U, 121 t4-,4 'C .12. . 12 'U V0. 00 ) N 00 0.0 004 a o. ooU 4O4J 0.0. 0 0 0 v r-o %D r- 0 U1 o Q in N 0 u'oN Co X 0 0 , 0* 1 .W( 0 or-.o 00 OWl00 0u o1. 00 0o000 0o2 H'fo 4-, U C4 k0 HU -'- 1-. u4 0 0 0 (n 0- o "4 u0 Col .,-0 020 t) z (0 H o UU V) 00 H .4 H O o 0 . 4 A A P- U A A A >4F A 2.~ O . A Kr . I| 00 u 4WN - E0 I'l r0A. A A 0, , Z O z u 6; 0 0: . A O O - O 0 H U A A A ^. f 'H EIH A WU) A A14 ANULH A * .4 A C1 A C4 U En A AC~ En)24~04 A A 144A~110 H 4 Vo H A H XH A: 4 W "U 0 4 0: " H ' 01 40 O r,U) : X O .0'' EW )~ :r 1) C4 U. hZH, W) ()uf HO U OH > W U0) 0 0O. v W OH V V14 u) W W v v vO, U v vuO v0 n 8. VVgV0 V fu FA I- VWV V1-0C V V V VV V vV.V v V VV V v v vvv V VV *V 0- e4& >4 0 V4 14 64 .44 4 0 M )0 00 04 to 41 U) U 41 •" W1 . 0 14 -4 143 00 0 U 0.0n. 0 0 N 0 uo 0)' 0 qx0 HIUO X,'U '0 .) .-40 4) 0) .4 0 E4. E40 M0' .;U A A I- -. U 1H .z 0 A A 00zo v 0 z U n00 j 1.3 0 A 4-C A 0~ z p E-4 z 0u) 0 140A 0 IZ H A )3. H4. N Ha H AU P4 H ZU) U) U) toU 1 IO IA Z A 0:A4 U) V) V.)14Z H>4AXA AW W W U E-4Z QQ~ ~ VV V WW V V NC A0. uZ z )1.E .4 U UU.HUEL)14OE- W41 In (0100(0 v.Z. '-.0 vv f0 v v VO 00 v vv vv v vv v v v v 00 , o W4 00 0 .4 04w X r4 "0'. a, .4#
Attachment 1, passage 28818818 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 I Notices 0 0 00 0 0 w u0 C> €4 x m m 8 4)4 )a 44) x ) 4Pr Vr - V 0. 4j V 4V V' o u (ox u 0 0 U) a ov '0 ~9= 20 t 4 o 0 ,, 41 >4.4. 00 i. 0 - 3 r4 O 4) ) )4 ) 4) 4) 4)4 0. 0.C10 4 4 .4 ;:; U e 0,' l., 00 . 010 0. " 0o 4 31 . 0 u 0 '0 0) uU u 4 m40 10 0 .4' u 0Q ( 4v 00. 0.0.o0 N 0..0 0. 00. #AC W0 $4 Q -4 4 4 ( to 0 0 10 .4 04 00 0 d00 - 1 0f A0t 004~~0 41a u V ) 0 4 .m4,-4 0) 0. Ix [Q C.404 04 , 0. (n 0 D ) 0c P. -4 Z w o "- -4 C 000 N 4 W t a 0. 0 #4 ooo o.toog'"v D 04 4) I 1 3I 1 - 0 A -0 a o uC 11 0 u) 0 0 a - =4OU II 1 1 v 6 4 j M4M 0 0.M 0 %d0 , 4 o- . U A Io. 4) . AZ 0~ W 0 .1 4J44 4..4Cy 53 -4.4'..-N ~ ~ M5 HA 0 OWC v v1 1 . v- W W 0 A0 C ZI6 0-I.3 A'-A -I.0.: * o~ 0 0..00 v vv vv 41"vvvvvO 1' .4 u u z th 0.0 4 4-sI~' O0 - .OO o-. O O . O~ 4 ~.,, 00 4.. IA.-, 0 - .- '5 . 0 0 a .~ H0 0 A00 004-4 f ( A 1Z Z W- Ml. 14 00u 0 >- x t0 A a 4 00 1 z0 A) 0 A) >- 0. AAI =40 P, ~ ~ 4 Sra A -4I 14 Z. C4014C# - J H'. F40 H W-1. -. 41 Il0 A' H 0. MI0 A W .A Z MA AI x" f.5 wC x C03( 01 P 0 j 09 00 06 010 00 A .- 400. Hcv 010Nzxz 1)3 H0 04 " H H31 01H0H( 0H( -3.U u0V . 8 D4h 1 V C f-'Q 4 '.4 0 0. 4w I v vO v a2 v 'A' ,CwC .4E n t 4 ' 40 0 4 1. .4 4.- 0 M 00 ,-4 A N N t t z" A. a. a. a. a.. 4 r 3 1%0 1 D14 A H 4 " o" .i- - _ , H I 0 0 ( w $ 10h 0 IA 1- 0 oa 4)fHN 4 . 10 u ) 0410 -04 o0 0 o A 0 A. H Im ' 104ZO U5 H'0 a A Oil 2 0 Z 0j 4'. P4 M 4JL , 0 V- 4O C 0L 0Z (x H A. m. (40 P N) N H: cc ADA co 4-4; 1 0. -.. 53r 0' o0 MAo4~3 0 r3I 1 ~.Z 4 f- . U4-0M> .. W1 r- 00. in 40No#
Attachment 1, passage 289Federal Register / Vol. 58, No. 67 I Friday, April 9, 1993 / Notices 18819 1 14 4 x 4 P I. 14 w 1 444' .0 4 4) 4'4'4' .44 ,f 4 v ~ 4- 0 4440V0V40 .'0 00. • 00 0 0 0- 0 0 0 Q0 0 0 ., > 0401 a .4 0 -4 0"J1" a" 41 A>. 4041 f -4 lo H P )10 t 41 0 e m0 0.40 01 4j fa LO OO W .n .0 0 = .. r 4 A .A 0 9 0 u0 'aut4 u U ) ( 10 . - 0 u " . - 0 u u u r 0n > 0 0 m .4 V 0 01" 0 00 0 0 m L o (,0 LnA -' .40 00 : 000-4 0 0 00 o) w 00 .4 0 4J4 P 'n P 4 r- o M 0 0 0 1 0000, 011 N NO O00O0 .- LI O) '1 I. 0 P N - 00u o.OOOO0-, 0. 4 3 ., 14 I N o o0oo 14.,- 10 r4.- f,. ' . 40O- H r0 ' > . w. nw 0 l -- o w 10 0o0 u H to 0 0a zD0 H A 4 14 A A A40 4 0 H 0 ix v, m 0 "0 4A H x" 0 C H A 4 H4 401 4) 01 A >.H z0 0 0 1401 oH Co o z 0 A I A .,V Mo,., CH .4 04 O U I nE A 0101 [4 1 Ho 0 I 4 O I A 0 A w z m 06.( O> l 1 14 14 44 z 00)4' A 0 fH A 0 0"0A O ,-4 O .W OH 0 ZO H 0 H 0 I) t to Z (n A WU) A IAH A A H HZ AA1 A> W (a1V. 010 W 14 ) I 4H >-A A 4 < 0 >. ( A F414 H 4 U) F4J 0' 4 HA H0 0 O0n 1 C '. 4a -1 S W, vvvvv vvv vvvvvvvvv vv oc H~~ .4 xi0 W 0..V 0 ~ 0~ W-4PS . 44 V - M n E a. 00 M 0 0.40 0 04 00101'O U 00 01 4IIX0 GI -04 00 - 01 0 1 -4 N 0. w C.4 z, F ' 50' uF W,. H . *,z 0 V4 00 P0 -. 4 in .4 N 0 4 0 )P0 4)-44~ -} 0"4 ,>'o vvnOHvv tw cy o ~ ~ vv )C: - 1 I' -4 o u4 4' u O 0.V O -V E m*- N 0 1 H 4 0 4 1 0(4 1 HHt 40 04 0(0 Ia .o01 1, ) 1, V V V V >V V V V4V V V V V V V A m - 0 -0 0. 14 El -4 W1 P.44 '4 u -40A ' 439 4 0 00 3 0(a 0-40 0'0140 0 (a 140 O . w .. )4. - n0 j V 4J 0 14 0 P 4J Nr4 4 4 J4' 00 40j-A H ~ a) 0 u V 0 u 0) 030 01 0. 10.0.0 0. 0. 0.010.ix .0.0)0a 0. 01 0. 0 0~~ 000>. H .4 N00 4) o1 o 4-4 CL " v ) ^4 C:. -.. .9 - $4 -,o P 0 . 1 N N 0 0 q -. 4 0 14 0140 tN 0%0 X 0 0o 0 - .4 P3 ~ c N . . .I I 4-240 000 00o 0 .4 N Ia1a)0 w 00 in r 00 0.0 U 0 N ..4 o w P f -q ~00 ..44b0co 0N*0 411 A4j ) , v) E In 0I - 4 r~ o- O H Z '4 H S oH.o..z H 0 010010 014 to 14 A4 S " ' t/ A40$40. 1 Il H 7 04 zD 4144.4. S to0 0, 0: Pr 10H A A Ha 14 4 A 4)0 O Z N ~~ H~~~~( :DI 0 0 o1 CO CO 4 14 o 1~ W wH 4 A O0 . 14Z wZ11~ 10 ticA O H IA 2: A A HH m 0 0 C4 0 0. 04 1 H HHH Al Z , A0. aZ H% H Al v) 0 r P4 .4 4 U0 In wZn 1 W IAZ AZ W AI 0Z~ A4I 1)0 H 0 ' 14 In 0 E-4 H HH ~.4U- 4>..01O 1 H zI080 4)14 0n A) 0 10110 oq A: w W 1 .Z14ZI Ho00 H .1 4~ A-1. 1..40 HH 4) 4 0 1 P. 410 14 F H A'O ZVnHV01 0V VOV . A I 01 - A4 I. @1 .1 N HOl .Z0 -.W.> I.0 m-)" H .. -U).N0 W 10. 0)04 U 2 . H 4u0wP. H1 w Zl 04 wV V wV FVVV VV VV 0V 4 )4 ~ O 4o ra 0.>40 14 0, 0. in . . . i f f f f n . ~ln El ;4 Iv) . 4#
Attachment 1, passage 29018820 141 00 00 0 -W.- Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 4) 0 4 0 UM 1J 4 j . 0. ooU 'o 0%0 Uo o 0 N 0 0u 0 0 .4 X 0 A 4 A A A4 - a. z. 0 A I A 00 u U) (0 UU I E4 ( 0 A A O01 1 Z w4 44 z 20402, 0 A 0 1 z 0 H K A O HAO HH AC H Z M'.0" 20. w 4 z H 04A..WH V- V~l4.VxVj.. t g .4OV.VVOCA3 .... ... .4.4~u..64.401 H a (..0 o. 0 ) v0 M-4 "40 r.,4 Vw -40 t 0 -4 0 41 0 t4 .5.4 V 0 -4C 44 I.. L- 4. 0 0 0 IC 0 00. u 0 2.4 0' 0, 0 N 04 04 '-4 -4 4-. 0. 4 0 14 00 0I 4 0. 0 42 42 0 r .. 4 '0 4 4. 0 0 0 oo .0.I 44 0 r0 Qk0 400 'UUO 0 0 4 0 0 0 4 .4 _ N0 440 04 -4 03 A A 0 A A 400 z A 811 z z- 14 2 4 0 0- .40 0 12z0 H- A D. 144H : L o r H H A W iI v44 A 4, 2in (n n AjZ.vA vvvA(4AA2AU A 0ZA U .4 0430 EN.UZ U.0 A-4 .44. 0v v 0 ~ 0v 0 4444 4. 4 40 4,4 04 Cl -4 -4 -4 44 0. 4#
Attachment 1, passage 291Federal Register / Vol. No. 67 / Friday, April 9, 1993 / Notices 18821 GUIDE TO VALUE See List Above Up to 3 digits Up to 30 Characters Up to 20 Characters Compuserve ID Up to 10 digits Up to 12 characters 8 characters Up to 15 digits Fedwire or Lockbox Up to 12 characters PORMAT 2 characters Up to io digits Sp to 30 Charactars g chatacters N-3 EL EXAMPLE OF VALOE N-1A EL 202-095-1112 77777,7977 123456 MYCCС*92 00-00000-000 000.00 Lockbox 33-00000 654321 PPP8*444 33 N-1A EL regulates Optionard Roguired for confining et one of this set of four B-22 TAGS POR SPECIFIC SUBKISSION TYPES 19. POR THE POLLORING SUBMISSION TYPES: KEY TO LEVEL OF REQUIREMENT FOR TAGS USE THESE TAGS: ‹SUBMISSION> <DOCUMENT-COUNT> (CONFIRMING-COPY> <SUBMISSION-CONTACT> </SUBMISSION-CONTACT> <FILE-NUMBER> <DELAYING-AMENDMENT> <NAME> *PHONE> <REFERENCES-429> «DESCRIPTION> N-IA EL N-4 EL KNOTIFY> <FILER> <CIK> <CCC> </ FILER> <FEE-PAID> ‹METHOD> CACTS <PAYOR› {CIK> «CCC> &/ PAYORS < DOCUMENT› «ТУРЕ> ‹TEXT> &/ DOCUMENT> </ SUBMISSION> April 1993| GUIDE TO VALUE See List Above Up to 3 digits Up to 30 Characters Up to 20 Characters Up to 12 characters Compuserve ID Up to 10 digits 8 characters Up to 15 digits Fedwire or Lockbox Up to 12 characters Up to 15 characters Up to 15 characters Up to 15 characters Up to 15 characters 2 characters • chare digits See list Appendix C Up to 50 characters characters TORMAT EXAMPLE OF VALUE A. Jones 202-555-1111 77777,7777 123456 MYCCC*92 00-00000-000 33 N-1 5-21 LAGS POR SPECIPIC SUBMISSION TYPES 18. FOR THE POLLOWING SUBMISSION TYPES: USE THESE TAGS: 1 <SUBMISSION> 1 <DOCUMENT-COUNT> «CONFIRMING-COPY> < SUBMISSION-CONTACT> </SUBMISSION-CONTACT› < FILE-NUMBER> <DELAYING-AMENDMENT> N-1 ‹TYPE> < NAME> <PHONE> ‹REFERENCES - 429> CHOTIFY> <FILER> «CIK> <CCC> < / FILER> < FEE-PAID> ‹METHOD> <ACT> ‹EQUITY> < CONVERTIBLE› «DESCRIPTION> «DEBT> <OTHER> ‹PAYOR> «DOCUMENTS ‹TYPE> 1 BERETON» April 1993#
Attachment 1, passage 29218822 Federal Register / Vol. 58, No. 67 I Friday, April 9, 1993 I Notices I-4) 14 x P4414 1. aW ) 0 w a)0 0) Xa) 4.4 4- 4.4 . 4J p 41 *. P 00 ) 0 u 0 )u 0 0 0 0 0 0 0 U 0 0 4 . . m ' 0 r 0 > 4.jj 4 0 M .- , 0 1.14 W 4 - a) S 0-1 '1 LP U)44 LTJ vi-m m0 m) a4 a.0M aU 0 U U 0 U U o ~ 00 1. 0 J 10 04lfl4U 00 "-< - 0 00 0 '000 '0- 00000 O00 ,-0 0 41 00 $4 ) 0. " W0.-4H.4.- o UoH1.0 U) m m (4 0 0H 0 .14 H4 H. 0 ta 4 0 00 :3 0 0- 0 0 -4 00000 00 - 4-4 '0 44 S0 0 0 000. Qt 0,. U 1 . 0000 ,I0 ". , 444 r- L)'4 0 0000 IJ x)1 P 00 144 (jf 1:'0 0 0 0 . . a.H (f 'r (4 0 X 0000 1 0 .1-, C,0u99 , N '0 . 0 '( H N44 00- 0 0 C HC, D,.7 O.4"4 O 0O0000 C0 ,-"0 04) pq0 . 0 Q 144 - €I d H, N |L to o o., 0 H AA A (0 <.0 -C 0 -41 LO H A H 0. z F. ,v.v - 1. 0 A A C4 4. H u I- w0 A 0 A 1 H 0 4IC A 0 4 w z4 04H 44..) 0E) ' 4 4 z u 00Z 0 ~ - OH 9O 4 0 0 1Z-H ~ A1 A 0 H 44 (0 H EHH A( 0f H H H Z(0 A AA 4AA40 0 M U)X 6 : H A0 Z~ 0 W Z W f U 4 W P.0A A WH W A A 0 P ( . 040Z 4 U U>00 VV0HVIL..40 40 , E0.OmVVVO(VV <u 0H0 toto U F( - (0 00 -IL-VZI..m ~~000 0 ---- H (0* 0 vyvV V V VV V V VV V vV V V P~b (0 o O ~ O O0 Ln, .4, M44 W) U) U)))U) .4.t. 1. xl. M 44 w g A 00 0 0 0 a) 0 4)4 )x Q pp pj* .0 04 1 41 V *41 00 u W 0 U)10 000u 0 ) '00 044 M00 1P 0 4P0 0 m 000 Pj r 0 0 > wwP .1 . 0 Zo , *- W P4 * o W ..- (0 0 M- 00 fl 0 ul (a tP.-)(aU) (afuto0 0' U) (a ' .00U' 44 .4 a . 9 4 IC~J. -4 4 0. 0 u: 00 0) '00 '0 N4)00 u 04 u 0 1 0 0 > P o pJ p . o o 444== o'. z 0 P 00 W 00 L UU 411 ('0 tn t141411 0 P 0 44 14 U' 1~ 0 H 1H H H H 0O 4f4 ° o, I)^Z .4 0 0 0 j 00(a0 0-0'd0 000 00f .- 0 Pn PP414 0. 4J -P4 PP .04 VJP V ~ g V 4J 0 0 0 0. Q.. m L M 1L0)'0.1,40.0. U. w a. 0~~~ 0. 0 .0 0 04 00- H 0 4000 P4 H L" I . x C 0 C,) C4 4' N 0 0000 '7 ( 0 in r, Lo Uo o xo 0000 ') 444C! .44 41VU C14 - 0 0 0 . . . 0 (I U 100 0. 0 0 00 -* (0. "0- r-4) N >I700 . 10 m 0 0 0 0 '10 iL I (0 Z4 4' 'N XN ' 0 00411 000 '0. H F4 H 0 to) 0 - 0 H H Z C0.44 H W0 A A H H 0 H4 .41n 0 H' A' H 14i u 0 E-4P. Z 0 A C0 A .,- H .4 44 00 0 A. N' P4 . (0 P0 U 4 W '7 A 0 A H 0 4( A 4 1 0 PC. A4 01U 0 .- O4 P4 0 z Z u t' A C) 10 A 0 H0 4 0 H H 1 1 Z 0 U H to A N ( 004 N A.. 0 AC I00 AZ AO0. Z,)0U. A VA.A A Z A r4 r4 w 4 A-j~ H I En40 VV 0H VVVL.W. C)14 40 f40 4 AL V V ( X '4-, E I( N0 ? 6 0 v v vv vv v v vv v v to14u U4 El4. en WWW -4 14 W WW . 04 W N n 47 NW -04044 a.W H#
Attachment 1, passage 293Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices IB123 to 14 w > u 4 :3 0to0 +. 4 -1 0 , o P o: 0 0 0 N 0 (A 0 mo 00 0-00 q o 0 o 0 0 x 14 14 4 t4 0 0000 .Q 44) 4 V 14 14 0 uXo 440 0 040 44 .- 4 2 4.4 0 I. 0 x- Co, 0010 0 -04 C0=.C0 0 -4 V OC 0 0 0.0.@ 0. in 0000 0000 0.8 ° ° 0000 9 X0000 0 0 0 o o 10 o o 0 03" 0000 0 ". (11.44 4 o440 .40 . .4 --- 4 1. .40 14 4 0 C w 0.0 0' ' 0 -4 %9 04 40 AA.~ A4 AA8 'I E-. -4- A ~ A A ~ A 01 In 2 A A A 0- A 0 . .1~00 A W 9 [AO .44 44 0 IM H A.4. .4 4 0 A jr4MA-6 H8NNNNNNN0NNN0. 4 40. L, x 14 $1 14 W4 M 0. 0 40 .0 41 44 4V V4 V 0..: u uu U V44 0 4 '1 d 0 14 k4 14 14 14 00)0000 A4. AC 4 4) A wu 4U 0 0P 0 $.4 4A 1K 424V 4-)44 -0 0OOOOO .40 ,.i 0 0 .. I'- 0 0000 0 t r- in 0 0000 X.0000 O1 r,. 0 1' 000 0.0 00000 C C .0 f- N 0 C4 t. H 00810000 03MO400 a - mr4..44 A U 4 " 14 10 A q Ua A ' 0 A 4 A 0 18 . I '.. H 04 Z 800 Z 0. 1* A 0 flo A M . A H N4 H H -4H A U) 0 H 01 In ' A W MA I A AZA A A A M M In 50.4~ ZH A~AA in~ 4W) > A AA AD: O.. HA~ MMH *-44 OI. 0XUH A. x U0 11.I)Z 0 oZ D 2 OHV4U6H1 1 0O0VVOVW 1 vV V V1.VVVVVV .C..25oJ00 1 V V VV 93 vv v vv vv v v vv vv v vvv v v v v . .4. 0 0 0 .... 4 0 0 "N N m NN N0.4- 0 0 I. 0 Az 4r *4 C, 0 IC o 00 N41 -4 .#
Attachment 1, passage 294- OO'A -2 GO IPA Vo', pnw oi ~ato~r I Vnl. 5R. No. 67 I Friday, April 9, 1993 / Notices Federal up ister / Vol 58 No. 67 / Friday, ADril 9, 1993 / Notices 44 4 4./) U •.4 4 "4 0 40.. UO o o 10 0A 0 LNo w44w44444 x . 14. 4.4 4.4 4 0 04w 04w41 .0 v4J 4J4P v)~. 0 0 000U -4 0 P. W. W. W- 4 0 H , 41 4.4 0 "-4 0 0 0 0 0 4, j 44j v. 44 U0 0.41. 11 0.. 0000 : . 00000n o 00000 00 . c 0. 0 00 *! A 00 0 0 0 0010000 004-I40000 0. 4 H H H La U ) 41 .4 v 4104. T' m 01 H H 4 H o 0.-I 0 W .I 0 0 0 - o r I I H0 H 00 ' U O -- 441 :4 x a 0 04 u 41 4j '40 -r .14 41 44.4 V) .4 0 Ln 741 a 4. 4., 44: 44 N 0 N N '-4 0 H .41 N N 9110 (4.404110 A 44 A A 00zA -. (4 4 A A >- P 2 'A A H. 0. A. 0 0 A a AZ A A A8 A4 A 41 A44 W 0 A ~ 0 z W3 4I 44 44(>4 z z 0 H . 4 .4 HOH OUU 0 Z 0 H p A 4 M .4 A >P 04 P H C-4 HH A U) a 2 U Z 0.4- "-Z Z AW4OA. I AZHAZ>. (3AA 4441 HW4 0 4. 0 uu 0 .ww V " 4 .w444 V- 00VV U0HVVV V V cow(1- wV v V04 V V V U) E-40 Q.(4 u .n .. 044.J0u00 . . ... 0 V V vv V V V V V V V VV V V v V V 44 x 0 .0 44 0 0- $ 1H 442.4 410 -. 4 0 0 .1 T M 0 ",4 0 (a 0 04 0O $ 4 a,0 -H -1 4: 0.0. 0 0 0 ,a*0 0 u0 x 00 0 o o-1.- 0 0 n1 0 04 A A - u AH z 0 A (-.0Z 0 A A ^0 z a. F,. 4 A 04 Z N HZ F4 z U L, Z 0 1- AO0 N HAL H H z U) 0a IZEAAO nA H I A A . 0 (44 ~~0U) >A H a ( CAZA4A44 H 8 . CP 4 Z -. W. 4 ,to in 4400 HOC E .1 , H 0.4O4.H(JH4V40HH 44. z zZ H4HUH.4A I M~4> 0 U > 4 P>' ,n A.N VV40HVV. 44(.4 0.V4 EOVOf9 SVV VVV VVV VVVVV VV VV 0 :94. 0 0 1C4 V440 0. r 00 M'4 W 4m0 0 4j 44. 0 r, ( 4) n C414 4.C0: 43--4 44 44 0 - 4 w 0 4) .- 1 0 4 04 414 04 u on 4:4. 41 41 . 0 " 0 .1- 0 14 440> 0 (a -4I c: La. OH _ 0 4 aW-.4 X, 0 44.1 0 >44 13'.-44:3 go. = V ' 4. $4 4:4 0 P4 0 -- 4 40' -. 441-09 ( -. ~ 0 41 .44 0 H -. 44 H 4~.. '.4 ~ 0. .4144 .4: 0. 0 0 .0 -, 0 A 4 0. 0.4 410 4M0 0.44 I.- N N -4-4 0 0 H H H 4-4 0. .4:#
Attachment 1, passage 295Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18825 00 0 u U)Uu U)U u 0 00 00 000000 X4i V vW V0 VJ 4jV 4)4 V ) -4 00 4) u 0 U - 0*d 4 to 4 -0l 04444 m 'U v .4 r t 00 > j* 4 w -H 3 P-~ W. k) -0 0P 0u ' 00 0 v > V) 0 4j m a~ o F 4 0 0 o o w 44 N kn0 1 0 4 0 4 j 141 Il,* tm' 0 .44.4.H H0'.. 4.-4 4 14 4 MtIn o 4o J I' u) w -4 0 I 0 .400O 0 0 0 '0 0 0i 00 '0t - uu -0 - 0- 4,~~~Q , ' 040D. 0.0. 0 0. 0.0. 0.00.m 000. 0. 00. '[L 4) 0 to 0 4 o4W& Io oow-4 0 0.r -.- , 0o 0 o , ., o .4oo o ,.4 : • "' ft . .- 0 em 0 u4 v 0 00 40. A0 ' t O, v UOt o 0 0 o . Co 4) U O4 t^ M) o 0 0 0 -4 4.. wo o4 t- >- IroI o ngoooo 0.o N . 00'0 0 a0. -q.t' 4) 88 o oo o r, ISO O I t t) O ,, C >m Oh 0 XO,-OO .) H U 0)"t 0 0.--o IN A>.. A >. A 0. Ar ) 0x 0 A 8 0 A V 04 0 ") 0 (40.V V VVV V VVVV0-,'..- .A 0 H 0 A O0 0 0 0 4 *4 m w .4 U. A U-0 - 0 I 0 H zA U) 0 A A Zo 00 .4 HH A NAV I A- U)g Pa U.n F z 10 0 H H- 3 0 t V A) U) A~)A A IIZ H A U. AAA A A (0 0400M o Z I. m 9 H >OH 4IZ -4 . N.U 0 '-A4 "u0 A ( 00 m. MI' 0Hvvu)0 H v v(. 9w w w w )OU)0 P .8VVU vv Q 0) * A P: . ) 0 vvvv v v vvv vvvvv vvV v vv vv 0 ->,-4 ?r . 144 too .(~~~ M* u)~) fA 0. m W . . n 4. n n m M wn.w.&1* > . 0 0A U) HA -. , o o ,-o o ) 4) ) 4) 0J4..J4 ..44 oo 0 4w. 0u 0 U 0 . U 0000 0 '0 4j C4 ) 4 )0444 2) k4 *4 W w 14 U. W 4 0) - f4 04M 0'U) IA to0 44 01 0 0 4. , .- . 4 C '. -4U P . 0Xl 14 -d U) 4 U U U U. w 4 U 40 > 000 O- 00 04 . 0 0 0. o 4 in 4 44J tAt i n o .40 00 : 0 (a0 0 0.0.0.0 0 0.1 0 14 0 . 0. .- 4 N 0 U o) Hn N a, 0000 Ott) N 4000 u 0 0 10000 N4 PI 0' .I N ' .00 oo t'1W0 . . - *0 N t4. 0r.00 40 14 H 0 4 0 U)0 AA AM M) H A-4 H (4 AU Z E4 A (o 0 0 E. - P..Z 0 A 0 0, A H- .4 0 N. .4 2 - 0Q I IX H 0 A 0,38 1 zt -s A 0 o 0 14 1 0i .Z H A) 0 Z c . 0 O 0 U)0 A co -4 i WO .4 0. - A N E f-. (4 M A Hn U.H AU Z 0 Q H f- H Z ) N 'O U)u) t HA 0 AA A)'H4 A U. A A A A mAUU H HA ~H H OZ 9 49U 4 N >0 IX H AU W HOO O 0C)X 0'x 0 94 64 Z(4 Ckm.: = H 4)HUH. 4 IZU).tU. =U) 0O>p. >, (40 14. H N. 0 u).O 0z0.g .4 0.H ti f) U. CoU v ~ v4 0F. a .~ 0- En . 00 Q VU) En VVVI4 a '. Z W 9U0. 0. 0VOU N P4 44 V v 0.4 0 vvv v vv v v v vvv v vv v v v v ~ fl... 4 .d.. 0WX 144' - oflnn#
Attachment 1, passage 29618826 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices U '-4 0) 40 U) 0 x 0 w0 0 0 0 0 .- 0 $49l 0)0)000) OO).A4 Jq 4) 0 U U 0 UU U ~0)0U 0 0 L0 H 0 U 00m f4 0 0 a HW H4 '1 H N4 06 .. 0..0.0. C040 0 0)0 Mo NIO 0) N x quo 00 0 0 ~4 0)0 '0 N4 rf J I Nq 0 0;.0 0 001 fl0. H 4N A A 0 0 A 0414 A C 00) 4.1 to 00 4) 0) H -. 0 >,.0 0) 0 OH 0 .00 ,4 1 H 43 to- 0.4 W>4 00 0 41 1 0n 0~ A - 4 P ) A 0114 Z A f 13 ) 0 z 00~Z 0 OLI)UOZ H AO 1 1-A 0 1 0 H A wII WA W-4 di0 W )A A IAHA AAAAAWWWO4.HMAA wA~0' i (AZH -AAAW.40 AX O:WH iIC.UE~WU * 4 - 0 V OHVVVW UA"I I C O H 410 CW 3 w >VVVU) 0V VVVVVVVV.14Z4 01 -vO ViV V4 Vv v v vv v v V vvvvvvv vVv v v 4J 0 U 0 O0 " 0 0. *40 0 0-4 14 0 o 0 m U 00 - o I H)i o% 0)'I ,r.n 0 .. 0) 10 0 V I-. 0 0 4, N00 0 U, { 0.0.I 0 0 k.4) 00)000 O-0 00 000 -A 0 w0 0) w ) S4 M.UU0UUU 1. 4 m- 0. . . 4 C0.00.0 0 0-H4 0 0 0 0 0 O0000 0 0000 0 0 00 000 00410000 0 .44m1r4 H H H4 W) 0 0 0- 0) 0 .00.0 0') 0 'oO 0)O 4o4 00) 14 X0) "00 10 0 0 14 0 4)' 4) r) *4 0)00 0 U)0 C4 4 14 0 CA) E4 A A A0O H A A > A EA z x A A , -. (H .z 0 A a ' 0,, If A Z A goo u M A 14 A0 m 0 A A 0V1 V V V VV4 VV Vz z 0 UP Z 0 12. 4. H- AO 0 1 z0 H I A WA 4 A il. f I fH H AM) on I u H 2. 4JOZ AWUIA IA ZA H AA A I Z II -.Z A "A 4A~U~.0I> A40 £x'4 40He 4J ut'VV0.2O vVV UU1 H E C1OH v v -C VVVOOVVVOIO vvvvvvv v v vvv vvvvv v vv v v 140 -0 E4 Fr0 0 . wo P#
Attachment 1, passage 297Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 1882) 1411A14 (A u-14 $44 w 4 x $4 w4 e 0 0 0) X0 C 4 .4v 4) Al 41 -.4441 I1t 0 0 w u 0 (42 0 14 u 0 0 >O ) 141k 0 -i 3 -w 0 to to 4) -0 4 10 0 r 10 At M- 0 H b 040 b, .0 0' 1 0.0)4)v rz r -4 144 _4 6 0 -C 'k 4 4~ u 0 V 0)u . u O .140 V ) Cu to 9 > 4 0 V 40 0 - 41 0 4 a0r.40 14to0 00 u ) V4 0 14 n EIN ) w-0) .- 4 14) 4 C44 to 4 .40 00 : 0 00 0H0 0 00 -40 14 -4 H P V P 4)C 4J 4A>.-4V 41) 1 3 vX f] u V 0 0 0 00 )0 Q .0. 0 0. " 0. 0.a, 0. 0 m 4 0- 41 41. toI r- N.1r m N ", 'q '0- '1"' " ' W ,( [-4 0 -W P. LA 4- m0 0) 0 n v: D- o0 - 140 n tou A' NO r4 4 I N C ti C)0 U * 0 00 N- 00 .0) 0 4 %D t n I,, u1 .0, 00 "-. . I C -0 m 3 .to r4 n1 0 )t 30f4 E., 0CO 0 'HUUUUU 0U- Of N 4.0 0 A 4 CC . . 0 -4 0 - I 0 t.4 H :0 0.4 14 C4. H 14 0A 00 0 g m U) 0) ?o to H A C.14 r A> >- o o 0 0 0 A A 140.Z"A 0 A .1 A. S MU I0 0 U 0 A to " H 0 A Oi l H - 14 t. 0 0 u 04 Z u 1. 0 A 0 40) t E14H N U A A Pf (.C4 in W W H >- AA AAAA~~3 H A 44) 14)H0a v N U 4 9 H C w A, .0 PC HA >4AAAm 0 H4A UO HOx ) 0OC N 2F H .4 1 =ACOU> W4H 0 04 0 IH u w .4 P. nw N ~0UZMZP. )(.4UU..3- W.VV4U140Eo 4 % C N O0DVVVOHV VVVV. - V V V 0.V r a. ul 3 to1 v "t U) 1' O N.4 414 .. 4 00 ) 00 )0)00)) 0) Xh u u0) n ale) 4) .0)44))4 4) x- "'4'W 03 A P4 . ;4 V)1 P) 41 0) 40 vv00))0 041C 4)10 in go) toV4a14 0 no 14 aH11111 1 A-lW4 0 >- m)0 w in 14 040)00)Pwm k 0 r) -4 0.0) . -.4 14 .r - r 4C.94C.C .- "0. -H4 $4 "4 0 u u4) 0 Vm u0 00 0114 10) 0 0 . 0 > P) 0 4j 4, V10 4 0 UNC 40 c44 t L NO4 4 0 0 4) 0 14 14( M mN 0 1 H0) 4 )H HH 4 414 0 H t (A4 In 14- (31 14 14*$4 .' 93 03 .4 0 00 0 a0 0.140 0000 0 0. 014 0a .4 0 41 4j 9x 4).C V 4J :9 V V V V 44V 4.0 4) f4 0 V1 a) 0 0) 4 40 00. 0. 0. 0 0. 0. 0.M .. 000 0.00)ma 0. on0. 0P. Ul D Go :m 4. D ~ .. 0 P (2P O ) P0 0)4 0 00- H0 0 0. 0 1 ' 0000 I0 04 C0 U11 '00 0 X00... 00 0 H- 04 ' 00 000000N .4o r 4'-. .* A. 0 ' 9 0 0 0 0 0 4 - (0 to -4n2u00 0 ~00000 0r-xo "0 * ( tl I Nf, " 0 x Q ( 0 0 0 0 0 400 I I 2.4 .0 m0 8000000 0(*I 0 M 4N~ ~ 0. 0-0 ~ IH. H H 0. 2 14 H 0~ J) to 0 0 H P'.4 A C00 A>14 H A A- HX )~A A A 04 00 Z 0 0 .4 U4 H2 I 0. A H0 A tv. C 0 Z Ho I A W CO 4 A >- 0. A ' HH A Z j in9 U H A.1 14 F I H U) AW A AHAA A AA AD4 A E3 > 03U) (nWZ H 4A AA W 1-4 0 >4 A1 A A ~ HO H H4jo a HHA AHIM U 0.03 13. 0 Ow =W zmg U0I~ H 14 Htl HO H4.0004>-mH Ca0 'Q.- 01 m100 2.1. 00. 1401 (..>V410 0.0 ' 0 a ' 9L 1. PH 1l.V v O 0.vc 14''. .4 v .. HH >40 9VI~ 2(1 0vvv v vv v vvv v v vv v v v v v v &4.3#
Attachment 1, passage 298I RR9SU I RRR' Fpdbiral Regiser / Vol. 58. No. 67 / Friday, April 9, 1993 / Notices Federal Re ster / Vol. 58 No. 67 / Friday, April 9, 1993 / Notices 14 41 4444 4) Qc 4) 4) w H UU 00 0 I r 4-44 4)10. 4-1 a U .14 4)- .0- 0. w U u U 4 0Id 014 NO 4 r-4 .- 4 1 mu o4 0 0 0 .(1. n- 0 ,4 Q A A u.o .4 ^ A >-F A A F. A 0 1- 1 z A 0)) z~ WO 4.) 0 IZO H WA 4A 134 A H 4H AU) 00a -4 1.~ 4-s 5-4 ZU) A5 ZUA W (1) A I AZHAAI Z A V) IF. AAAA W W WUZ W0-U4Z>A AA10' A W 4.1E A W A44U444MWJU H H n O t 3:HW uH.44I 0 w 0 a .0wix " O 3 Ix,'NW U4.H.4....VV'C0F0uU O .u zW V AvvvvO' 0OVV va( ?A Vvvv VV Vv vv vv VV 0 - - - - .4 - .44. v * Nv.9flflN.9".95v v 4 1419 41 10o 4)4)4) 0 4)4)4)4 0 10 .C0 0 o sn tn in V ri4 4,04 k4 0 0 0 0-4 ~41 4 0 f4) 1+ 140 40 Cn 0 41 0 r IA C 0 C 00+ . S.4 A- 4) C .0 4 x0 to W -4.14 41.0 41 : 14o) 4) 44 14 4 .00 . vi 4 4). C -40. 0 4j -4 X4 0 4j 0 0 0 -4 0 40- 44) 10 V *-4 41 4.444 (v 0 0 -0 .~J0 0 14 C.0 4) 0 *0 V)a im. U) C 04 i.1 Z 0.4, 0 w.~ 4)4 0 - -.4 *.40 .n V - - 0 .4I)14 -0 0.- 9. 31 04) w 0o40 4) 09 :3 0.t 0 0 s4) 40P -4 ~*I 0 r 4j4 4 ) .0 41.A34 0.0 W1 4) ~0 441 0 Ox 40 A4 0 A 0 C A 4 E 4 : 4 N A - v4d 1-4 41 A >F I N 10 F. z o,, z m A ^O " 1 . o, 0 OO 0 1 zo H p 15XA . . .A N. C.0- A4 H j.HHA A IAOWI%40 4444 F. H Z 14 En :1 N A2W > A AW 4 U)4.1-.H 4 AA UM 1 WU 4H14 -1141 4- w 04 0 14 4 0141 1. t aIiw N N 1. zw 4z = HW",u".2 4 ) u ouu:,.>.Ww 1 CO I) :.OO VVtOO4vvv ,.< o ovv v," I . 99. . 9 9oV 4V V. . V V V#
Attachment 1, passage 2990 iO u u a 00 I 134. 06 0.01 0' ::)D ol.4 4' A. AA A >-. OUo U 0) 0 A. 04 A OfIl Z* I w H Z' 14 z~~ 01z tUZ H A ~a N H H-HH A U' Co ~H- V) PC. W.OV En2A14-AX 0> H H z ur, a.. WHH. 14Ur44 fl. 0z vvvv v-.~ 0 4 vv v v ' .4 .4 v 44444 Wa4.." 44( 4 444-4 F dibraP "sftr P' Vol 5W8 Na. 67 ' FrIdby; Aprit 9 199, f Nadts' 4) 4 V A 0U0 0 N 0 4~0 0. :1. 0 u4 C, 0'.c a. 40 -0 18829 U.4 u '+o O.4 $4 X UV4 4 -H 0 14 00-4 ('40 x -403 -d A A ^. 1140. 0 A44 A ArU M UW 0 A 0A A E-O 0 110Z 0" F- H A U) A H- -* t' U)Z) A4 U) A AE.N A kf4 UA H A AA &4 Uo 4-A H WQ 0.44. U W14 H b 00. 0 m X.4 v. U4 U)4 .. . .4. .* A 4 V V V A W 4 b4 . 4 .4 W 4 4 4. (A .4 44. V VV- V V V V V'V V - 40' 41 4 A.4 14 4) u 44 0. 4 4 u 3 4 .0 0 9044 r 4 0 44 .'M- m 4) W4 A4 0) 0 4.4 41 04 0 0 u 0 0 Of 44C) W et#
Attachment 1, passage 30018830 Federal Register / Vol.. 58, No. 67 / Friday, April 9, 1993 INotices W 0 ~ U) 0 0 0 0 0 w U) 00W a) 000000 XG) P PJ P .04J4JJ 4-1 V PV AJ w ow M 0 v)9u00m u Co( 0*d la 440 H mU2m0mom'0 r0 4 111 0N k 04 W-~- .- . 4 P 4 4 w)I " '0 00 1 0 0- 0 0 0 4 ~0 0 0 . 0 0 0 . -. 0.0 0 0 0.0 ' 0 4J 4 j M V 0 v0tv*J4 J"PV 4 r.. 12, M 0 DaC L0 0 -4 u W o c- ch 0000o 0& t- L.0Uo Oo...o .o.t 00 1 - -w0 U 0.8 4 OOo o H a PI I I I C- 4 r0 008 0 -. o j r E, 0 Ii w) -(4 t- -4 o*.o0o- C) , 0 - 0 E4 H t4'~ z to 0 H H ~Z o. 4 U)~~ 1 . A A WC A (Yu H .1 U -0. z 0 A (A I A C 00 41 W. N J) Z Ve u ~ IDIO I 1 A W) 0 Ar ' .. H 0 4 A OfI Z 4 14 H z u Pt 14 (1 UDz 0 .- 1 z L-- AO0 ra 0 A~ H 10. A N A A. E-. P.N '0H A U) C) u H > -4 " Z in o tI NA W UA I A HA ZA A C4 HZ1A WU) 1" Nu)WZH AAA Mg4CW>. "MAHZ1 40- 1-, 0 a I Oz Nx w U .1Z 0 H E-4 0 e Nfl :1: g!H H H N W >W L t,440 ,qE0 jzUz .i ,. wHw" : 1f. UC) m a 0at , vvv1 p E- Ze F-. a E-0 VVVV VV VV V v v v0v) k 0.. -4 ca I) u) t J)1 14 C) uz w 9. z 14 00 - a)0 0 0 0 w0 00 XG 4P 4Pi- V 4j Q4J V4PJ .4 U) n u t0W.xu uo 0Vu 0 0)( (OM 41 m 4ummow C'0 o > 4j pw 0 .4 14 -- 404M4P44 4 P 0w14 4) 0'0 H 0'U0 r4 tn r4tntntt 10 tOM M N q0 f .- '0- .41---4 4 m tn -- 4 U) 14 p4-4U 4 0 ~ .4 0 00 :3 0 owo 0-4.-0o0o0 .040 - ~- H0 V) V1V 04. 4 0 VVJ J J4) J V 4 OI O a) III U 0 W IP4 0 0. 0. 0. 0 0. 0. MW00.0.0.0.0. 00. oI 04 0 0o. 0 ~ 4 C-- 0 -4 r- 0000 m0 Lin .- o - 0. xooooo 0- aLA n- .00 0.00 00 '..-1U C) C 0 .400000 C) U) .4 1, 4.4 NIn20 0 0 0 0 a N A0 t .N 0 0 . 0 0 - E-4 H 00o 0z H HOG A IC IC 4 A (- zE 110 U4 P4 .4 4 00u I 4 -T A 0 A H 0 E-4 A 01i1 z w 14 0 Z2C. u 94 z uODz 0 U) t. A- 0~ LO H 0 A ZO H "4 ~ N; A) 0. OIL P. A H AAH A H A C4 A WU)m N 40> 0A W14U H H GN a 4 eA L) ~zH Hp 4 u w 14 0Z e X . )1 0 0 E- .A14 u0U) -)8 t be ~ u 0 00 vZ.~ E-.v 0eH(b2 Z to p U) 1- C)U) W z WX:M 0 U ~1C 0 vvU1-.C)E-.0~ 0.40 - S - -4 0 ~ v v vv v vv vv v vv vv vv v v 4 4 4 f* .#
Attachment 1, passage 301Fedesal Register: / Vol 58, No. 87 / Friday;: April 9, 1993: / Notices: 18837 or Lockbox 12 characters CORA TO VALUE See List Above Up to 3 digits Up to 30 Characters Up tọ 29 Characters Compuserve ID Up f9 19 digits Up to 12 characters 8 characters HP FA 15 digits Up to 15 characters Up to i5 characters up to ll characters Up to 10 digits UB to 29 Characters F-3 /A fading 8 characters Up to EXAMPLE OP VALUE 77777,7777 223456 МУCСС*92 00-00000-000 000.00 59000 10000.000 12909:090 73/13/93 F-Z/A ฿-42 TAGS FOR SPECIFIC SUBMISBION TYPES 40. POR THE POLLOWING SUBMISSION TYPES: F-2/A S-4EF/A* with an asterisk is optional. shown the tag is not applicable. USE THESE TAGS: ‹SUBMISSION> ≤DOCUMENT-COUNT> <CONFIRMING-COPY> «SUBMISSION-CONTACT> STILE-NUKBER> СТУРЕ> {NAME> <PHONE> SBEFERENCES-429> <EFFESTIVENESS-DATE>* ESCRIPTION> {NASIFY≥ {FILER> </FILER? <FEE-PAID? «METHOD≥ CONVERTIBLE> <DEBE› CGG> SPA ÷ </PAÑOR> ≤DOCUMENT} ≤/DOCUMENT> ¿ I SUBMISSION> APE! 1093 Lockbox GUIDE IO VALUE ' See List Above Up to 3 digits Up to 30 characters Compuserve ID ye to 10 digits Up to 12 characters i characters 78442TAr LOCK it is characters Up to 15 characters Up to 15 characters Up to 15 characters Up to 12 characters Up to 10 digits See list Appendix c Up to 10 digits S-11/A PORMAT § characters ZXAMPLE OP VALUE 10-к F-1/A 8=41 TAGS POR SPECIFIC SUBKISSION TYPES 39. POR THE POLLOVING SUBMISSION TYPES: p-1/A S-4/A S-20/A USE THESE TAGS: 1 ‹SUBMISSION> {DOGYMENT-COUNT> "CONFIRMING-COPY> ‹SUBMISSION-CONTACT› </SUBMISSION-CONTACT› «FİLE-NUMBER> «NAME> «PHONE> <REEERENCES-429> І ‹ТУРЕ> <NOTIFY> <FILER› <CIK> </FILER> (FEE-PAID> THODS ‹EQUITY> <DEBT> 2 ‹CONVERTIBLE> <OFPSET-PAYMENT› {FORN-TYPE> ‹FILE-NUMBER> < JOEFSET-PAYMENT> «DESCRIRTION> COTHER> «PAYOR» </ PAYOR› DOCUMENT› «TYRE> $PE|7 1993#
Attachment 1, passage 30218832 Federal Register / Vol. 58, No. 67 1 Friday, April 9, 1993 / Notices 1W W WWW 11 0 0 OAW 144 14 m x14m4w4m44 m 14 14 4)) a ) w 0 w w )11) 41 ) x a V 4 4J .0 v v v4.) J _4 .44V1 U 0 0) 'A U 1 W U(J U U0t W 0 tIU V C) 0 4 M 1414 V 0 -4 14 -4144411 V41 4 v 'a4 0>. .CA *-14g 14 w w ~ -0 *41 r. A11.). an -411w- 0 .-4V-4.-4.-1.-4N 4. 0. ~ .1 0 0 4- 0,1a10 0M00 0 00. 0a, M M0 V)4 0 ~ ~ pM- 10. 0.w~ p p pPC p 4 _ V > 43 0 V .0 0 01 V 4 M 0J. I0V J4 J 4 0 0i F. 0 0 PP .40 .4 al0 Wa 10 0 ~~~ ~ ~ 4 444- S 00 I 1 W r. NO 000041 0 .(04 VO a V In I- 00 XOOOOGO 0 0 "r C'4 WC In O '41 0 0 0 . .. *. 0 0 0 .4 )4 0 LA f- &A U00 0.00000N C; O 0 (4. ~~~~I ~ (. 0' 0U .. ~ 0 0 r4 t 0 41.C 40r- n I oUOoOO-. or,. 1 o1 . v 4 - 4P0 t co) .0 r, N 0 OOOOOON- 0 1000 310 0 z 04. 0 4H' Ia4 ' 0 0 aP z Wo 0 to 01 40 0.0 z.4 A 1)411 c A H- A 0V0 H u w4 V 0I-o A4 - A c. CO 0 A I. OA 0" 0 W4 ci o 0 U) 0-.P.Z 0A5- AZ* A i.- . 4 00 ZO z M) z£ LO 11 . 0 . 4 A 00 w £4 w£4 H A- Pt 0 P4 E4 A u03 Z Z Az .4 0 E AO0f )A AU)1z0 A A A. HH04J Pe0 H U 0 H 04 4 C H no0 W N0* C CA t to ZH>4AAA£ 4 Q P I f0 4 A I A " A A [-4 6 I I A A A Z A P : A . ) 0 .C 404 A HpA £4£AX4UI% £41) H 4,W ~ C HA O 9 4 . . kAW IWMUC1HUO 0.U .VC at 0a MZ11 w..£ 0 0 4 0 .0 - 93 e;. *v v vv vv vv v vv vv v v vv vv 0-4>. 0 04 .4 g(.W 3c0 64 -P .4.4 V.4.4.4 .. 444444444444 rU e. .... 4.. V4 X4.0 U) 0 P6 W 1) 4 140 0 .4 N U 4 0 bW u 0 o 0D 0 m u1 0 0 NO 000 I.1 o )AUo '71)0 let) I mp .0 0. NO 410 001 0 -4 00 ,.40 00. 1) 00. PP :a )P: 0U 00 I -1 I 0o 0.. U) (A 116 A 4 A - A A,44 A Z4A4 800 U M U) Z O I 0.4 0 A A 01 .1 H z z 0 .z 0 CCZ H - AO0 0 12z0 H W 44A A. 0-H HVVVV VAU) V VV" W U)MZI4~. I A A A4 HA H P X0. A z C4C U H.U A HH P 0 1 0- 0vv 0 vvVVVV w4 .4 4. ... 4. . . -- Z W 4 4 4 4 . . . . -4 w 0 '004 4j..4 0 .. -C4 cu .CP CO. 0 '104 MA V1 ) 0 0 4) 41 u -0 4 C0. .0.V0 4J U) W1 $ .4 w 4) (a fa Q .4 0 14 A4 10 r. :JU 14 a in t 0 a 0 . 1) .u 0. 4 1 0 CYl f-4 1 0 1 0.0. 00I 14 *41 00 d '.4 -- 4 14 0. 4#
Attachment 1, passage 303Federal Register / Vol. 58, No. 67 I Friday, April 9, 1993 / Notices 18833 '414 u u C'U 0 .00 00 .4 , %D4 &J . o 0 M 0 N ta C U a Oa4 L 0o4 r- in CQ r- 4.0 r- AA AA A A A Xo 0 Ap AI 0 . *0 H z)P . 1 ,-4- AI .A a, ) ) W ~fC)CA . A-.) A .C.) 4 A A(AC)I .4 ~ ~ "i .41 '"4 z4 Hu OH .4.4. ... .44. 4 L 4.. 01a 'n u 04 0"11 ." 0 Wl U 4j 0 0to) 0, 0 ou 0 4j 4)4V)4) MaX C) C) O) 4) .3 to a to to -H 4 19 '4 0 '4 a) 4 .4.M4. 0- 0 0 0 0 41CLCC 0.00. 0000 -wQ0 ,''X 00000C 040000 00..... 0.0000 *- 00 0 0 000000 000000 0 .3 4.4 H .4 Wa u w 4) x .4 -4- .4 -4..4 0"- 0.4 414 00 .4 -4) 44) a) 0 0 0 0 0 CO0 00 0 0 0 of'-I I 01000 140.40 w 0 0 , 0 o4 hCS 0 . 5" .0 0 -0 A A A 4C 5- A A >. ( z A - -0.Z z A AZ A 4 )),. I ". A " ~ z U r z -P 0 0 10z 0 A Ca 4 A R P 0A 5H H A "0 H A W H I,' H "Z I I. HA ~ ) U)0.0l-. HMOEA WHUOOO0Xa. UM 100.0 W00~- X4O.HCtU =MW H)4 V w -14.wcx) . o . a. v -0 v 0 v MVV V W aVVVV 0V 0V V . . . 0 -0 0 VU . . V If w C4 4 14 14 "4 1v n4 of "4 ft"4 .' .w -.#
Attachment 1, passage 30418834 CU) Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 1 Notices to u m. U Ca Li r j:4 '1 4 00 + U N 40 CU4 .,-4 00 w N 00 0 00010 4'0 4314 4 CUU U.-o NO 4 HHO: ,..- 3 t-0 0 u ? No in4 0 0 0 0r l 03)0 00 ". In r4 C 0 .3 v c6o 0 0 '0 'j 0 C 9.0) 04 @30 U 14 UU -4 4 Ho M H w N 0 A U) 4 A A4 A A C4 0 (4 A ~ A 9 94 A . 0 z~- 0 L)O H 0A A. 0(4 0 U 0) u . A 4 A 3 4] A - A IA A& A *WU"n U) . > A A C4 ACU) U) A .A A A w ~U.)C4 Q H A to AAA C MU H A V.~~ff4 0 0.0.)..:>.UU 0k. a.~~~~ ~ 0~ - Qvvvv 4I - t . i 9 r 0 VVVV VV V4 4V V M N 1V M V MVWV410 to U >4-) 0-H u U 0U.C U C4) 4C 1.3 *0 4.) CUN 'H u 0 H (.) '4 4.4 b Ln CU 1)03 00 4 H (4 N H LnN0 WC N 0 -U U) H $4 %4 w u H3 'a4 0 0 w4 4, AA A A 0oO U UU 0 A A 0 0, w N H 0 z UO) 0 0 U A AO ,O H UH H HH AU A[ U) to ~ )C) A A A~-C A jZ C AHU O A All;Al lL A'n $'O P ' 4 0 H V -AAO H 0.44 V: 1V4 MU E- H r 14 0 OZ. N: v 1 V 0 H ) n " ' ':' U "U t H. 1: V-V-..I- .. V V V . V V V VniV rZ~U u - a I -10 92 vv v vv v v v v v#
Attachment 1, passage 305Federal Register / Vol. 58, No. 67 / Friday, April 9, .1993 / Notices 4 0 a. 0 0O 0'L Z 0 r4 - 0 AA u 0 0 u 4) 40 4 4) o .:in n 0000 (1000 0oo .0 9 9 0. a)0 00 a)0 000 93000 0000 r 0 00. ,>2 Li) ., .a:1 I- :3 V W000 o)-.0 o4) . 0. to 0 -g. 40 0.- " : ':-4 0. AA N-.0. 0 AOWU) A 0 4 : 1A0 04 A Ol 20 A z z0 0 0 > - A. 0 0 1 0 H 0 A 0I i. t- Hn U) A.JA W HA A AO 0.4 A ~A Ei 1441 <4 AAIC 0 A 4 A M~ LU I 2~ 4U x1 0.0.0 - i 9 H va: [ UU4HL , .0 0 VfOVVi.i~ V0~ - - - A.n n u- - - - .. . . . . . 4j 0 0 0 0 0 .o 0.2S 40 O(4 9.c. 0.Co 0' 0-. 18835 0 0 o 0 0-4 -. CD (n '-4 CUM wU fa Ii w k 0 w-.4 1 001 0 4 40 a i (10 S 0 .4.-I0 t) -,." 4 '0 17 Li 0.0 V1,0 " i -4 Ou 00 CO mOi inu 0 %4 .3 0 U.uO IX [40 C, A A A A A A 0 A 0 Z0 H I H^ A ^ C/) A . . ,, ^ ^ . i4U O.A A~ A PC CO) A CO En A~- U0 A- AU A C OW A A b ) A t ~A A r M A P A CO V t4 ' 4N WHU..)b U 0f- m~.c ~H QHNC0H> 0) -. O v vvO0v v vo v v v.- m v v v vO v vg, v v v A M V VO W V V V V V V M C% V rV 4 V VA#
Attachment 1, passage 3061RR..i 18836 W u (I 4r .4 - Federal Retister I Vol. 58, No. 67 1 Fridy. April 9.. 1903 1 Notices Fv&ral Retister / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 4j a, 4) w ., ?: w) to oI 0 00 VI C0 v .0. 12. 0 >4 0 , F.0 - I A t 0 A O H Z I00 A IZ H >- 0 d, 0 0 41 - 04 oH Av l 0 v , 4 A 00 r LI *) 4 0. 01 C 'A 4j~ 0' 40w41 0.0 .C -- # r- 0 w 14 V a 0 0 01. W. C 00 to 4- 0 4 0 x 0 -H -140 . F0' r3) 41. 3. A V4-) - :1 ) 0. A-I 4 A 0 -to 0 00 V VA 0~ VV.. HA 1 '1 GV V V V . 0 1 z 0 H0 4 A P. f. 4 Co0o14 br 04 4 4 41 in -C V 0. 1g0 -- 4 . 0 0 0 0- 0. 0 0 C 010 ,4 a .. J-.4 >04 J 0 1 01.0 0) 0 4j A U4 I i V44) J-)I- 000)0 -41- 00o .4 13 00 V 00 00 W W 0114 4 0 4 040 0 1 0 .4 U P o o 4j- 4 0 0j N.' 0 0000 00H 0 14~ o Mooo 0000 00 a. 0 0 o0 00 H0 0 H4 .. ) 000 " v 0 v A A A.4 E- 04 Z 0 A A4 A 00 n. U w .- Z A A7 00 14 Z Oi A A toU) 41 I A.A.H4A A A A .4 W'A4'4 14 ~ ~ ~ C X U 4 '~V01 V 0 236 Ce 41VV.0.~4 A.~ tVa 4 z O 1)0p40 -io *-U g4 " X41- -.0101014010.0 to ) W Z A0 .0.44 -- A404 A. - 10 to U441.. 9 on 44 -4 O-C4 0 0 0 -A C .1 39 0 VIO 4* 0 4 0-' 0.H -. 0 4 -4 0 00 0~ $ -4 44 1 0 0H a10A A C01.4j 0 0 -4 -A A 010 IA i 0 -4100 4 00 -4 0-4 .C 4 4.. ;A f 41 IN 0 U 0 A .41 . 4O 0 0.40#
Attachment 1, passage 307Federal Rogister / 58, 67 / Friday, April 9, 1993 / Notices 18837 GUIDE TO VALUE See List Above Up to 3 digits Up to 30 arters Compuserve ID Up to 10 digits Up to 12 characters 8 characters Up to 15 digits Fedwire or Lockbox Up to 12 characters Up to 15 characters Up to 15 characters Up to 15 characters Up to 15 characters Up to 10 digits Up to 20 characters See list Appendix C Up to 50 characters 8 characters TORMAT EXAMPLE OF 202-955-1111 77777,7777 123456 MYCCC*92 00-00000-000 VALUE 000.00 Lockbox 33-00000 10000.000 10000.000 10000.000 10000.000 232323 12WE/SRT 12/12/93 S-4EF B-54 52. JOR THE FOLLOWING SUBMIBSION TYPES: ; TAGB TOR SPICIFIC SUBMISSION TYPES USE THESE TAGS: «SUBMISSION> <DOCUMENT-COUNT> <CONFIRMING-COPY> «SUBMISSION- CONTACT› ‹/SUBMISSION-CONTACT; < FILE-NUMBER> <NAME> <PHONE> REFERENCES - 429> < EFFECTIVENESS-DATE> <NOTIFY> <FILER> <CIK> ‹cCC> • </FILER> < FEE-PAID>. <CONVERTIBLE> «DESCRIPTION> S-4EF ‹ТУРЕ> «METHOD> <EQUITY> <DEBT> ‹OTHER> <PAYOR> <CIK> <CCC> ‹PAYOR> ‹DOCUMENT> ‹TYPE> «TEXT> i SUSH SETONS April 1993 GOTHA TO VALUE See List Above Up to 3 digits Up to 30 Characters Up to 20 Characters Compuserve ID Up to 10 digits Up to 12 characters 8 characters Up to 15 digits Fedwire or Lockbox Up to 15 characters Up to 15 characters Up to 15 characters Up to 15 characters Up to 20 characters See list Appendix C Up to 50 characters F-6/A 202-935-1111 1-2D/^ 71777,7777 123456 MYCCC*92 00-00000-000 000.00 Lockbox 10000.000 10000.000 10000.000 10000.000 12/12/93 F-2D/A "or an asterisk does hot app yith an asterisk, the tag shown B-53 TAGS JOR SPECIPIC SUBMIBSION TYPES 31. TOR THE TOLLOWING BUBISSION TYPES: USE THESE TAGS: < SUBMISSION> <DOCUMENT-COUNT> <CONFIRMING-COPY> ‹SUBMISSION-CONTACT> </SUBMISSION-CONTACT› «ТУРЕ> < NAME> ‹PHONE> ‹FILE-NUMBER> ‹EFFECTIVENESS-DATE>* ‹NOTIFY> <FILER> <CIK> </FILER> < PEE-PAID> «METHOD> <EQUITY> ‹CONVERTIBLE> «DESCRIPTION> «DEBT> < OTHER> <DOCUMENT> «ТУРЕ> «TEXT> April 1993#
Attachment 1, passage 30818838 67 / Friday, April 9, 1993 / Notices PORIA TO VALUE See List Above Up to 3 digits Up to 30 Characters Up to 20 Characters Compuserve ID See Appendix C Up to 60 characters Up to 10 digits 9 digits + hyphen Up to 12 characters Pedrores or eder See list Appendix C Up to 50 characters For the types shown, the KENAPLE OF 202-935-1112 VALUS SC 13D 77777,7777 123456 MYCCC*92 SC 13D ABC COMPANY 654321 22-7777777 00- 00000-000 00.00 Lockbox SC 13D •For steubekee not pile or the types on she te quired. Optional, Required for contiming copies of thie dot of four B-56 TAGS YOR SPECIFIC SUBMISSION TYPES 54. POR THE POLLOWING SUBMISSION TYPES: SC 13D/A* KEY TO LEVEL OF REQUIREMENT FOR TAGS USB THESE TAGS: «SUBMISSION> <DOCUMENT - COUNT> «CONFIRMING -COPY> ' « SUBMISSION- CONTACT> </SUBMISSION-CONTACT> «FORM- TYPE> «SUBJECT - COMPANY> /SUBJECT-COMPANY> ESCRIPTIONS SC 13D «NOTIFY > «FEE-PAID>* «METHOD>• «DOCUMENT> </DOCUMENT> 1 </ SUBMISSION> April 1993 20 Characters 10 characters Lockbox characters characters characters GUIDE TO TALUE ,See List Above Up to 3 digits Up to 30 Characters Compuserve ID Up to 10 digits Up to 12 characters characters Up to 15 digits S-3/A, TORMAT to Fedwire oi 15 Up to 15 characters Up to 15 characters See list Appendix C Up to 50 characters to Up to to EXAMPLE OP 2025935-1111 VALUE 5-1/A 77177,7977 123456 MYCCC*92 00-00000-000 S-1 000.00 Lockbox 33-00000 10000.000 10000.000 10000.000 10000.000 S-1/A • 1, 70 or 0 are o cal in es on of this me of fear B-55 TAGS TOR SPECIFIC BUBMISSION TYPES ,53. JOR THE FOLLOWING SUBHISSION TYPES: S-1/A USE THESE TAGS: 1 ‹SUBMISSION> 1 «DOCUMENT - COUNT› <CONFIRMING-COPY> «SUBMISSION-CONTACT> </ SUBMISSION-CONTACT> < FORM-TYPE> «FILE-NUMBER> <REFERENCES-429> «DESCRIPTION> < FEE-PAID> 1 ‹ТУРЕ> April 1993#
Attachment 1, passage 309Federal Reuister / Vol. 58. No. 67 / Friday, April 9, 1993 I Notices Feea ReIe o.5,N.6 rdy pi ,19 oie 18839 4) 9) 414 M 0 4040()0 a a tn 4.1 .. 4 uU w oo 04.11 (a4. V4.1 0 A. QJ4-14 P41J41 0 v u a 000 M. -41 0 W. M. k. '.4 k4 00-. 00000 0 U 0 'U U -4 4j 'U0 P~. 00 '000 N 'H 0.t Hrq H0 00'.. 00000 0 4.0 '0 t--o m O0( -4 .40 00 4) V .4. u 4. 0 oN 0 ,.- o 0 o 0 %0 00.0.0.0.0. '0o 0 (n0 H-90000 O2 %041 0 in, rU 0 (OU00000 NO.0000 I HO ..4C'4 H H A 4 A4. E.O 140M.Z 0 A 01 (n A O0 E u A 18 0 4U) r A 0 A 84 A 11 z 060 A W t 0A E.4 H H ( H A W U) z 0 H M0 tO A 94AN)WA . A zH HA A A 4 A ANU IQ on a' U ZU M RH>4AAAN H goI^ >4 A w H H HN m AN MH Z(.U,1 N>4 UO0 E4 fl I E vvvvv H vv vvvvvv v U*0- 81 50 00 "4('014 -Zv Vc.N0 0 W n E- nE48U to vv v vv v vv vv vv vv vv v vv v v r ,n EU 4J oO 0 11 4. -4 (4J Mr0 o 0 O ' -44. 0 (0 410 :0 A .001 to r. -4 0 0 4.' 0( 0 90 '4J N0 V 0' 0.1 to 0. 0 0 .4j 0 ' m44 0 AL .0 U . 00 60' 140 0k k~' ' 40 (d44I4 00 &4. 004 04 0) R' . 0.0.ro 0 u Il £ • 04 - w O w u U,€ w , t t .'01 ' 0 I 4 J O0 P 0I 11-0 $4-H P4 $4 4.4k alp. (d0I.0 ( P. r 4 ,.-H 0 ,.0 mn OOWN 4. 0 4.4 -4 -4 0- 0000 HO 4 r0 .o 00 0- H0 U 00 U, ' 0. o~ 40No 00 fNO 04 P4 A 90' A 142 A0 V 0 '20 H A U) 00 vWA WO PO '. D. v v v vv v v A 2 0 A H ^2 AO A A 1W v 44 0 Ai IV 004 C0! 0 HA I, N 0 '.4.60 A '#
Attachment 1, passage 31018840 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0 ON a4 4 a 141w 14 0U I U 0 414 0 to 4 H i M0 0~ ~ 4 o OU¢ A.0 0 0 : 0 10 4) m 4 0 . 0 0 ;N 000. a 0 0 Ch0 la . U 0 C4U 040 to C 01 0 0 -4 .4 0 4 14 4 14@ 6* 0 w0 0410 ma40 01 0..4 o Ii X. 4 .0 0 A AA t u~ AA AC AA A 1 Q A 0 1S4 0t A0 H A (A4Z H 0 64O H O A ' 4 Ca (A A W (A A AE4 A~1~ O4 .0 0 0J2 n 014o H= ~~00 0W go 0 94 C U 2140 V 0 .44 .4 4) V 0 0A4 04 vvOOHVV v C V V v v to) VV V v v VV VVv VV .4 .4.4 In 44 0 ip .4..4 If 4 " " .4 .4 " . Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18841 0 04-V A C." n V:' H .1 0 4 140240J OV U0 u H U)41) 44 C) V0 A 0 o,.-- .4 , 0042 100 r-UI r V) 0.0 ( 1.0 -- : C.4 0 02V4 Id 24 C0 0. 4) 4j 24 .C:V0 O4) 4) 0 * C.4 O. r0 0' 0 0:. 31 424 OU 0 4 0 41 (4 to 4.4 0U 0 0 0 4 0 4 -i 0 w0 4) 0 2 V 0. 0 >. 0 4- ) 0 d ' 0 ) k'- (0 r > o- 1c , d . d I 0 4-) w~ 0 V 0 .-4 ,.-.4 24w . 0 F3 '4 o 0 w 0 -v 0 0 41 24 '4 4.4 0 0 0 P4 0 C -f 0 -C- 0 4-44 V4 0 0 ,n U 0 21 4 V3 01 I0 > 0 H A 40 l 21 4 -. 4 :3 04.0 0 W E4 E204 t 0 0 M~ r ( I 4H0 0 24 0 V 0) - 0 W 0 0244go ud 0 0z 4 V 0 U).. -.4 9 4)0 04 -0 0 0.4j o 0-C 00 P 4 0 0 00 0 0 .00% 0 0 I . 0 u 0 n n U C:A 0 0 001 0 0 z 0. H A A 0 A 0 Z A I () 0 0 A W W A 6 m H (A 1414,W I 14 W W IX 0 A H Z 9 w (A V V V V V V V V#
Attachment 1, passage 31118842 18842 $4 0 14 'JO v C 0 0 410 4 V 0.0 0 0 A az so FI4 140-1 HO'A 0 -0 UI t4O to)-0 Federal Register / Vol. 58, No. 67 I Friday, April 9, 1993 / Notices 4 0 u 0 4 0 0 0 4V FA O o1 u 0 V 00 a. w .4k 000 -4, 011 00 z 04 U) 0 V -4 .4 0 M41 qu .040 0 .0 r 0 A . '..0 1r. 4 V20.04)'0 W 14 C inO() a V . 0 14O4w 4 C 141 41 -14 4 U U) 0* 0 40 O 4 -) 0 U ) 'O U 981O0 . 41 0 .0 0 0 t7%u O 0040 0 .0 to0r u0-4 WA -A4 UM.0. C 4 U4J u 4-0 0 .40 4 W W 0 'a20 X MM 0' 4 to u 0000 42u00 VCA V "400 M 00-M V 04 (4.9 V V 40424 M V0EnM a o U (A 4 04 44x'- 010 CAt . -4 0 V -4 r 140 0-4 4) 0 id>- 10 4 10 14 P U0 21 '4 0 -If-4x 0 aO *M C -0 V2 0 .-40u 0 mU~ ()uMzz0.0. (a 4') a' a' '-4 -4 ".4 .4 0. $4 00 so C0 .4 .4 0 r.-40 P 0 C .>. 0 00 900(a00 -4 9 -4 FA0CA"-40 Ad CA 041 H02 0 M HU1 42 0'-0 00 4 x$ j140u v0. -4 00'H>A00 CA 'a~b > 04 0 .00 4241 th. Wa "-4-4-4 - >4 42200 '400J' 00.00.04200 990 22220 000 Wl m41v 0 W W to ZZZZZZ O24IE4H~ E4. >> mm 3 0 41 0 0 0 41 0. -4 0 A 0 ?A0~44 A >12 00 4--4 a 0 A20 t a t 1w00.r '04 00 ".4 MO 00OLO4M 000000 C 4 4 R .4 04 00 o # 1 4t -A O"-.4 00' W0 4 IAM m o- 41 k k a A0 0 C41 1-4"44"0 0 .4 0 -.4 x 14 r4 9 4CA0 0 .m-4 v 9 1 .4 4 0 ZCEnA$A 14144 OO,4 00 110 4 v 4 0 0 40 AS -00W A w 4) E40 v Ix 4jo0 4 V 14 Ur 04 E. H-40 4 0 00z o00 0 10 0C >Hgl v 1 m4 r 0 0 v 0 H ' u0 0 0 4A .14 0 0F 44 C "40 0 1 HA 4040 0 4 41 I 0 C10 OA 0-44 4to0 m0 W w 440 0 4)442.4 ~44 g 14 w-4 0 0 0 OC m z z z#
Attachment 1, passage 312Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18843 I I I i I i x ~x x X x 1. w. w. w. w. w. . m x w ao k40 0)4J '0 0 4 .0 0, . 44 u k a) a to4) 140,- 4J = k $4 4 )44 000 o.a) 0. . 0) 4) x ,x w w f, 00 x x w. w. Ch 0 -I N I I x x w. w. A 0 0 41 • 1 4J 0 a) 4. 4.1 0 0 a a) a) to) 0 H 0 ON a) W k ," ) 4 0 , r ja) • U 4 4. 0 .14 4) r- A 0r OV .0 q 9 so m A ) 4) 0 M H 4-4 0. a) 0 P41- 4.) 9 0 a):1 P4.1H 0M CU 4)4 a ) V4) .10. CA 00to U). 0 00 ) 4.0 ) 4) 00 0 0 ~ 0 f U) a): 4--1 Ci) 00 44 A 0 r a) -H 0. E - H . 0 PC 1 0) -4 0 0 0 w Q a r4 0 0 -4 0 -, . 0- .1 (U 0 )0) "-4 -4 4 440 . Hi 41H d 0)). 44H a) 0-H u 4 ~044 441 0 a) a) -;e 0 a).) 01 *H -A u 0,o -o m 10 10d om , Ua)0 H 0v 00 a)00 H -H 0a) r- 4J E0u 0-.- a) 41qa AJ 00- .0 44 44M $ 4 0) 1) 010 0 2U 4-ia C 00M1 H H-0 " a " 44a 41 0~ 44 0 0 U2) w ,000 -H a)Hr- a) r rd -H4 00 a0 044 ~04 LUXZ~uiZ w. 010#
Attachment 1, passage 31318844 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices rI r 0 00 414 'VC >. A * Cw at 7 N M N ma1 A .4 .4C * N 0 '4 .1 4jC ON 0 $1 10H4 10 40 .4 06 0 54 'a4 -4 0 C .C4 V C '5V 0 ' 46 '0.4P0 04 W W A 4 %4C FA0~ AO. >'4j (a 48 j . C "V 'U t I0V A4 6 00 0 v V A. 0 C 1 ti 4 ) 44 . m4 g > Q%4'U U -4 0 AJ k' 0 4 -4 O '06P 14 480 u4 4 'r04 AV4 ON V' 9 .4O Id to 4 0 4 04 *04J 4' a. .1 $4 .04 0 i 04 §' to 4 Cx A '0 0 44 A V 4' 'AI U) C k ~ 140 40 44 0 w kSAU " 40 6 A CV 0 . 'C A Q v.0 A 4 P' V 0 4 .4i V- o". 045 VA m* 0% 0 C4' C VCm V" U E 44 M4 - NV 0% 4 0 k a V4 r 0 V.4.4 A CC V 1 . C4 0 '0A0 . U6 11. .4 C4' r 04 4. ccA W'No 0 NZ#
Attachment 1, passage 314Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18845 14:00 Compuserve IDs in 14 -JAN-93 NUMBER OF DOCUMENTS: 3 CONFIRMING COPY: NO ACCEPTED DATE: LOVIETPAL INVESTHENTS TAX EXEMPT FUND Messages that concern submissions with registrants, serial EXAMPLE OF ACCEPTANCE MESBAGE RETURNED VIA E-MAIL TOR ONE OR MORE THE FOLLOWING FILING HAS BEEN ACCEPTED BY THE U.S. SECURITIES AND COUNTY INVESTMENTS TAX EXEMPT FUND THE PASSWORD FOR LOGIN CIK 1010101010 WILL EXPIRE 31-DEC-93 PNGUSRIESTER TO THE ACCESSTON NUMBER LISTED ABOVE FOR FUTURE companies, or subject companies include those EDGAR POSTMASTER [75300, 1032) 14:45 EST ACCEPTED FORM TYPE 10-K FOR TYPE OPAL INVESTMENTS TAY BER OF DOCU 14-JAN-93 10:18 1010101010 1010101012 ACCESSION NUMBER: 1010101010-93-010051 75300, 1000 75300,1024 14 -JAN-93 97349-56392 10-K the message address. EXCHANGE COMMISSION: FILE NUMBER(S): RECEIVED DATE: TEST FILING: NO 113089028(5): Date: MSG ID: COMPANY: REGISTRANT (S) : CIK: COMPANY: FORM TYPE: 1. 33-89023 CIK: COMPANY: 1. 33-89025 REGISTRANTS From: To: To: subj: 00:00 April 1993 APPENDIX D MESSAGES REPORTED BY THE EDGAR SYSTEM The EDGAR system generates either acceptance or suspension messages that are sent to filers after a filing has been received After a suspension message is generated by the EDGAR system, In some cases, the EDGAR system may replace an unrecognizable or die repaneses or inconsistencies in the bit come ties the filer must correct or resubmit the submission before it can character in the filer's submission with a circumflex(^). Some discrepancies may generate either a warning or an error Filers who use EDGARLink's CORRECT ERRORS IN FILING option to * an alphabetical listing of error/warning messages, with In this Appendix, the following are included: * examples of acceptance and suspension messages; D-1 explanations, and suggested solutions. submission to be suspended, warnings do not. message depending upon the tag or value that are generated; and notices are reported as warnings JOR ASSISTANCE VITE ERROR MESSAGES WEN LABELS POR E-MAIL MESSAGES by the EDGAR system. be accepted by the SEC. INTRODUCTION NOTES: April 1993 1) 2) 3)#
Attachment 1, passage 31518846 14 0 0 41 40 41 P4 41 144 .34 IP A a. H x -0 01 z N 14 W E" H 00 ON CN OHm z 3 4 ( ~o n 142 H0 w0a 0 uZ. H N 4 0 H>. a, -M. H 4 .H N-uz .. 04 00 -4 C) wo t.4 .0 %40 Cj .4 40 414 a) V 0 4 4) C.t IA r40 -4 A)4 -4 r4 0141 0)I 0 V $4 0 .9 ?A0 A C 0 V0 al4 " ma) 0) 0. -. 00 0 -4 0.0 040 -,4 -4 U)I Federal Register / Vol. 58, No. 87 I Friday, April 9, 1993 / Notices 0 0 0 z H u H 0 -4 1-1 0~ 020a 0 00 -W40.4 - 4.4 0 N u) 00 5 ... O - ~1 . w 0 a) >a-9D >4 M3 p 0- el I 0".t) ~ OOH . mHOOH . #C 00 t H ukw 0014...- m0.I.- MO,2 '.0 O 4(4 z3 0 00 0 04) 0 0 U.w 0- 10 0 1C 1IA ., .. to. 0 ° 13 u ,-4 ICo 0 HO . ) >C #a W. 0. -a 04) *0.).0 .- V C a) W..4 aV " o 9 4) -4 44( 0- ) r ,IM 4J >- 44 r3 r O 430464.C 0I 1 V 4 0 t0 A 0 MI 44.) 0 C- 0000 C a 2204 . 0 a)-4 0 0 0 0 4 tnN v M 0 ...... ON0 0 4 w 0 0 :- 4. tn Im E44 C 0 X 24W 0 XNU HW O 14 .. . 4 oQ8 x°,H N 03 H 4 Z 04 0 N H 2; E 0.4 u w 0000g U91. E4 0 N H u 4 14 Cn 0 C - - 0 420 0 o-4 HOOH 0k#
Attachment 1, passage 316N U) O 0 -4 o 0co 1R. . 0.. %a C0 IR 42 O W M 0 .. '80 M 0 0 -W en M &O I 4* 14 A II S000 1 r, - m A. I M Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0 N 0 0 I0 '0.0 UOH .0 umiI 0 4 01 00 U)H w E-1 0 0 w 0. E4 110 0 2 4 I 4 HH 04 0 HO (A 0 H U) fa in H HmH "a 0 = a-. 0 H 2 H U 40 .~H C).) 20 H U 14 ) 0)0 c~ 00 WZO 0 00 M IEZ 0) S0a) - 0 000 4-4 • 4j 4" A' .1l w.4 0 N 0010 A -. :10 w 0. k t0 1. 40>1 0,- -A 0 1% 0-H 0. 0)4 .)4 . . *4 o .,t4 , 0w0 0) 0 0 I 4 0 > • . 4 .- 4 .-4 0 >a 00 -4 N v0 .1 -A4 to ... 4 '0a' A 0 a) 0n to . 4j m-44>. 0 u)4 .-0 toto 40 0 >0. X -4 )0 1 V 0.1 a)1 1444 :v C Id 410 A~ 0 -4 q 0040 - 4144-e 0 EH4 a) k).M.CA z ON r. .4 0.00 4)O 4j 0 14 0-40 w41 U Z.4H Z1 H 0Z 201v.4 00 2n H H 0 0 r-4-H NO 0)1 r4 0EO 02 H4 4 -H4 C4 18847 H80 U4 WNHPU 10~4#
Attachment 1, passage 31718848 04 93 04 E4 4N 041 44 E-4 04 04r . 1 4-4 0.'4 k V to 0 0.4 41 C0 '4.4 0 V 0 00 0W W E0 Z H0 0 V1 0 0 0 9: -4 44 0) 4204 00 M40 00, a 40 'Al E-4 :. 00 UO V oM u 0 0 4O .4 44 9 V0 M04 0 0 0V0 H0 r44 tao .4 0 30 404 044 4 0 0 g04 r0 444 V 0 >4 4 M V) 0 0 . II: M .4 V0 0 000 410 044 0 .4 0 0 0 00 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices U V >., 1300 .04 v2 0 kA W M A0 E 0 0 fa k m >.' .O V.O,"WQ .44 0 .) - M 42 0 0 0 OV 00 ) V4 0>.OW 0 4- 4J 0-M 0 .0 I ' A 0 40 o 3 go d 0 V k0V :3 0 4,vV0 0 4 to 0 4 Od M0W4 -4 0 O 0 14 z z H a to 00 k004 4)u0) W U P.l 0 0 0.0V0 H4 04 A 0. 0 k 14-4 WH 0 10 (D C4 .4 H00 0. 4) 44 Z0 00 H0 I . 4- , W -A 0 '144 . 0 4-4 H V4I 0 mo 0 In 0 H $4 4, m H to 0 14-U14 42 r. 0 04 0 -1 0 0 4 'A 4. H 4 00 .4 C4 4) (A 0 14 0 1..,- 01 04 0 '44 0 4) 4), 1-,4 C ,- *,440 V., P1 0 .,4 0400 go so 00 4 00 14 44 . 40 u u aM.. w.0 0E o04 44) &,01 V U $4. '1 • ,4 9J0 M 001 444 .0 .0 4 ON t 0 1 O 0 13 o W-., .44 42 C W 00n 040 0% 0 40 0410 M 't;0 04 OW 40 r V 0A4 4. S0O 0 4 0-44 042 0.ilo w 4 111. 42 A (10 :40 0 0 "00 1o x 0~ t 13- 0 0 4 00-4 tj 0- 0. to 4j 4 O .4 0 .0 V V 4)a 0 4 00 0 0 .- 4 04 04 '0 >0 -I . .4 0 (-4 0- 4j0 4.0 14 0 04 4 0. w41 14 M~4 to r.4 ,- r00 -4 44 '4 .4A M 4 A 1 444"-44 4 44 440 .-I 0 . m 01 I 0 -4 0 -44 00j440,, 44 V a02N :3 M4 0 W -44W A 0 (0 140x w 4 .1 4 0).40 W WV 0)t 02, 04142 A0- to .4 >0. 410 -1 V -4 m -4 44 0) C -4 00.0 # 4214-.4 4 S 0 9w 40 4) X01-4 0) -1 m m 0 0 014~ S04 M 014) 0 44 4 44-0%D- 0 -4-4 > -- 00 0.4) 0. 0 Vo 000;- 0 0 0 1 0 0044 >444.0> 0 0r 0 r .-4 '0 -O 4 0 D 4 0)-l 0 0P.r4o 0- .14) 0 0. 0 M3 W W .4 0042>- go 0 0 0401 -1$40 0 40 m C-40 0.- 0 (A U%0 00to4 ,a0 m.442 4 4 Om4 0 0.4 04-4 419 0 00 4j U042 444 00t r. 0 C0.44 0 -A .,I -V .4 104 '4 '4 0-4 r0e4 .00.0 4 A2. -44 4 .4 90.0to42 0 .4 -1 40 .0> ., . 0 -.4 00 0.- 44 . 44, 0k 0.14 4 .0.0 0 4J .0.4V4k '440 a >.o 0 Lf44-A -I 0. $440-442 0 00 -44 0 4 -4 0 144V .0040-4 0 r-4 C > > 0-4 44 0 0 44 _4 q' 0 C 00 0 U I-4.0.A 0.0 '4442 4242 0#
Attachment 1, passage 318Federal Register 67 / Friday, April 9, 1993 / Notices 18849 correction script is Once a filing has been PreViouS OR ignored or Continued Submission has been accepted with the listed of the things associated with sec processing Error will not suspend submission. No action coped By EDGAR, no Correction ay be Bade Make sure the accession number of the suspended began ag was dunnd for which no corresponding The original submission has already been submitted for a filing that was already if the begin tag is present: but intsspelled, 1o thet end tag is extraneous, remove it. I'his error occurs when a submission is correct. is required. ALREADY_ACCEPTED errors. accepted. LIST OF ERRORS DESCRIPTION OF WARNING: AND WARNINGS WRN: SOLUTION: DESCRIPTION MSG: ERR: MSG: OF ERROR: SOLUTION: DESCRIPTION OMING WRN: MSG: SOLUTION: April 1993 MSG1: ‹TAG> value is inconsistent <CIK> (value). not its contents of the acceptance or Some errors have a "MSG2" which provides more detail about For the above error the message in this appendix, will look like the stores serving reubnesents cane endy such conditions, the filer will receive the message, "May contain D-9 suspension assage, should tore to Ene nunber been designed to find as many errors cannot be detected. the error. and accounting other errors." this: • April 1993#
Attachment 1, passage 31918850 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices that already exists. module name (value). in a single submission, or check with Filer Support; segment names. Attempt to ADD, DELETE, Or REPLACE the module (EIIOIS [ERR] Will cause a filing to be Either rename a module which you wish to add suspended; warnings (WRN) will not.) or if this is a second attempt to add or the module may have already been réceived and replaced or added, therefore no further from: prempt to re-use segment name (value). duplicate segment names within one segment Thet or tag value occurs more than once in the Attempt to use segment name defined in a Says tton ens y date on use or after six Define unique segment name and resubmit. DUPLICATE MODULE NAME attempt to add a module action would be required. Attempt to use duplicate up ArE duplicated. Eliminate the duplicate value. D-12 ************************************** Attempt to re-use more than once replace a module, This error can occur previous submission. MESSAGES REPORTED BY THE EDGAR SYSTEM Continued submission. ***** NOTES: DESCRIPTION LIST OF ERRORS AND WARNINGS ERR: MSG: MSG2: OF ERROR: SOLUTION: DESCRIPTION OF ERROR: SOLUTION: DESCRIPTION ERR: OF ERROR: SOLUTION: MSG: April 1993 associated Pian Save in at on you alue entered after the tag is in the wrong place Relocate or remove the misplaced characters. The filer <CIK> (value) is duplicated in the Correct or remove the duplicate ‹CIK> value. train for Proper sEt typicate (VaRie not peror ped after «tag». FILER <CIK› (value) is duplicated. set of co-registrant filers. D-11 in the submission. DUPLICATE FILER LIST OP ERRORS DESCRIPTION OF WARNING: AND WARNINGS WRN: MSG: SOLUTION: DESCRIPTION: ERR: MSG: OF ERROR: SOLUTION: DESCRIPTION ERR: MSG: OF ERROR: SOLUTION: April 1993#
Attachment 1, passage 320Federal Register / Vol. 58, No. 67 / Friday, April 9,. 1993 / Notices 18851 18851 HH 4.) I: a) >4 4.4 U) -4 oR 41P 0 u ) 04Jw€ C 11,- A -,.- > >00 UU- a I) mr> go 4 E- A) - J WA 4 .I A 0 w t- ) 0- W) ra '4 1. 0 0L r >. C)3 = w C 04, *1 • -' -O* jO If A' .v m W4 0 4j 1.m 14 1 0 ) V-. 4J E 0 '4 00: U) 0 ) to -n H 4 UA V 4H 0.0t. L z -4 0 W4. ro I4j H4 v 34 z 0 A. 0 ... OW w0 C C.) 1 .) a) 0 in M ) a)O, 44 ;04 v 0 4) 4) 0i- a)-4 E a a) ) 4 0 u 4) a 0 L.W t 1P .,4 , .. 0O4) j V :3V g~-4 U Ao0 W o 0 100 to 9: 0 F 0 x :J U v to 4.4 •-4 - 0 4.) w) 4j U/) IC 0 -'-4 0 .r .4. r. $ 4 0 M 0 aJ) C a) $0 "40A En. 0 W 0 o> 14 WV 4 o EUH 0 )0 a) 4 -4 A~ I1 -H 14 ZH. A v V .- V En U) .)J C0 ).J .,- > 0 1-" E U I".' H-a) z w ) 0) C) 1 ZE- > H V - o 0 H z W .. 130 WW 00 44 0 0- 4. 4.1 10 ".4 t.- r4 a-4 EU A -0 0 w Q- 14 9) W.OI: W 4.1 A in .j H 04 I aW V EO .,-4 m.) t . 440 1.0 m- O4- X .4 C)'0 0. 04) 0 -4-1 b1 a Za 00 Ia) H 0.0 NH 0 V 4 **) > 4J0. 0 .'I Q) U) P -t A.. 0 t; ; r 0 a) to) • 14.) EU •0 ,.4 (0 0 ..4a 4. W) a) "-4 1,4o ".1 MRUM 41 .444 04 W0 . 0 0H H..... H "4 0U WE 00 U z 00#
Attachment 1, passage 32118852 Nederal | Repister / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices that your The submission is In this case, convert the The software's "search and You may be able to correct the The submission contains an invalid character. EDGAR has provided the decimal numeric value of the invalid character because it may not be stored in EDGAR with a circumflex (~) in place If you have received many messages about invalid characters, you may have submitted a word processing document without converting it. tiling to As and siste Act rsion. Receiving such messages after submitting an word processing software may have made an additional codes will need to be removed replace" feature may be of assistance in If there are few such messages, remove the may be a code that can not be displayed on your Location matate and anter ang a space de the readacity of the docunene. () destroys the (EIrOI& (URR) Vill cause a Liling to be suspended; warnings (WRN) will not.) INVa110 AS code (value) at location printable or displayable. of the invalid character (s) . incomplete translation to ASCII. locating errors in this regard. CHARACTER D-16 ASCII version of the MESSAGES REPORTED BY THI EDGAR SYSTEM Continued .........................*..*****• specified. individually. the filing. LIST OF ERRORS DESCRIPTION AND WARNINGS ERR: MSG: OF ERROR: SOLUTION: April 1993 is ticin de neuticient sos funds. Teeuticsent funds were sent to pay the NA Ang bas an invalid fee account check act acco support correct it Incorrect account number Address grouping is invalid. D-15 submit new grouping. number. LIST OF ERRORS 'DESCRIPTION AND WARHINGS ERR: MSG: OF ERROR: SOLUTION: OF ERRORTON ERR: MSG: SOLUTION: DESCRIPTION OF ERROR : WRN: MSG: . SOLUTION: April 1993.#
Attachment 1, passage 32204 a. 41 04 •4 41 41 Ii Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18853 41. 0 0 A14 4A4 C 0 4 1 4 .,' 14 P4)10 A w14 0 .-34C 0 . -. I A 0 S.o0 r. 041 0 .9 0 0 14 0 .- w g 4 04) (1041 IkCA i6) 03041 I> i14 4) H. 41 10 416) 1400o 1441 u-.. 4 i.,441 .0 >41 .0 41 410 .4 M 14 4a '041 0 4.41W 4 41 A414 E-4M 0O-" '0 .60 4) 0 43 .46 A 41.0 'w '- 41) C' > 1 o '0£ .4) 94 40 $4 0 0. 4 4 ,4 0 4 04P )k 14 W C - 0 - 0.0 -A 4 4 in P 41 -4 I M4 5 .44 -4 I.-4 1 1 4 a4 u 0 4 10 0 $4 44 41 0 0. 43 HV41 >J V A 4 0 4 VA -01 41.-W 14 .014 r 14 41 0 W 41 ( 4) (A I 0 0 14. -.4 b.4JIs g M41 A 41000 ;a S. , -4 9,;4 4> 0 rV'" Z1 1 VA43 * 4 0a 414 14 4 (A >.'-44 -.-- 4) 0' 4 A .40 01 -H A U) 04-,t 1- ' I to: V V r0 A0 0' 0- A} 6) -0 0 41 .,41 to)~ 41.-4 4 z11> 0 IAR 4 0 Q4 4J %4) %14 41>.C H4 V 14 I4 4 0 0 0 80 1H 14.. Z; 0412 m1 on 2l z in 0' (a no (n X a. ow z in 0 2 0 (n1 004 o) W 0 1 94 0 .o UW 14 14 A 41 VM U - '-4 r -4 14 4 V Q 40 41,-o 14 14 141w41 MA ' 0 0 ., 4. O1 -4 00 a.4 k .7 FA 41 40 1 0 . 41-14P 0.44) tP 0 u .4 .4..4 41 >1 .4-41 4 a 44. ra .4 0. F41414014 4104) 0 '.014>.• W 41 41 0" • r Ip6 A.4 4 Ow.I 41 o 41 44> 0 04k 41, 1 04 H14 .40 4) 41 • ,4 C 4J o •-.4 41o 41 0 4 4J 1 P0 0 41410 .4ji Iw0 t14 A r-4 • -I 0 0 -'f A 41 M4M _-4 AV1S • .- 41} 41 0• 0 H411 O .4 04 0, 41 0.4) oP• A 04A- .4)4 0141.4 04"in0 >1> V M. 01 to id A 0% 0 '04 -. -.4 ON41.' 14 01 0 41.) 0 4 0 0 0 -4 4 41 41) .-1 '0 k044 41 411k41 4)40 k 41 4j 04) 41 4. 4 O 0•0 ( 4 o 041 04) 14 I0 41 Id'4 (4) 14041 go43 r41 0) "4.) 4'41. I0 14J414 $414)41 14 41U 0 0 0. I.,r- m . t" 0 04144 0 1>0 00 1l4 to> P4-1 44 41 14 01 .1414) HU 04 144 0 -4" U %4M 0 4 to .4 410a1a)0 Ff .40to4001 t k 0 013 0'00 -41 41 00 10. a) 0.0 1'4 00 41,4 41 440> 4 4)0 0'4 044) .4g x 414 W044 ) 14 (A 0.,4 0 0 U) z 0 140 00 1,, o 64#
Attachment 1, passage 32318854 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices W. 0 44 42 42 0 CI .1 42 r 0 0 to) MA 34. x4 42 4A ... 4 b% 0 0 0 104 4) t 44..A 0 4.4 'n to 0i wA rA0 ( - (to I mA r- (A to 4 0 14 0 . (A 4 n j .. 1A- (A .0 W 14 4) 4j W.( 41 (A WO 00 A . ' ( a 41.4 (A 0~ '.0 MA .0 X 4J M WA *.4 d.- W X J 0U w1 a: .4 (A( (A 44H2 -( 0- 4) L A r.42 3.A .0 42-W-4( P. 4 0 W -V- -42 C42(A4 03 0 0 04 .0 a 4 0 En W C0. 4 z4A044- no (A4 H. o (C .0.X.. It- 3V((-40A.4 0; 4 t 44v S U)41 A 4J, 4. U) 0 P W. .-4(A042 .1v S F 4 3 -4.4u (A () 00 00 0 r, W 'aIl 0 044lW. V tQ 0. 000W (A M ( 412 0 WA 42 4 m0 -A M4 0.-4 go '.4 C4 (W0 0 .. 4) to-34(0 >.4 010 .0 (A oM - ,-- wi A U 04O 0 W r 0420..4J u C z ' '- U.4 a ..(A340 4J - Z $4 44 0,, WA(M W.40 w>.011 ( aW 3.j .04W4j 0 42 0.> W( U 0 W..- .- AAOA 14W 1W) '03M 0 0A.. 44 W %140 0 0. D 0 0W .0 0 410 U =I-H A. E-V tV U 0( Z. 0 a. 0 S 11,0 3.:3 0 (A A 4 1 .. 4 A. A4 '4 14 91 (A 44 w d U V V 04.O 1.4 42H 0- 41 44 0 ) En 4 4. 4 .0 ;EH 010 0 1A 42 0m )0 4', W ro t, ,- > 3.. V (A .A 4 -1 0 4 M ,- 4W W 4 V0 >0 4J2 ( C I.. 42 > 41 t (a i, 4 .1 42 v 9t M H 4 H 42 E to a, A r' W M 30 .4 4 H t4" 44 >-4 r > > (AU 914'.( (A .- 1 (A r to2 0 4,4 V V 0;> (A *A4 0 (at1. . 40 a.( A 1; 0420.- 0 at W 14 4-A (A 0 aW 0C >A U - 424 (A .4( d0 2 in41 .- qV H-0 (a v-.4> 0 v &-.C 42 4 n 0 M*..4I 0 Z-0. 42' Mt 14'0 H( (A4 H AA .,I (ON A. (2 Cd0t OW -H A > OHV- 44 .0 W W M ~ 540 0 0 .04 .00 m C34: M4 S.4' 14 M (d 4A W4J0 >1-4 3.. (At A PE. V 14~ H VV H V 91> 0 P34 04 :00o 04 31 H. H HZ CH W H H~ H 1, 4 3 1). P.110 0 U) 31.0 11 4 En uA E0n) 0 02, 10 (12E00 E 4 0r0 42 41 a4 V 4-1 00.r 0 04 W~3 U) -,"3, 0 fa 0 (A 0.0 ON W 4- 0" 0 • "•0 0 OC 4 4 In V (A4 O OV U) u U10 Q (a -4 . 00 0 - 0 14 . 0 0 (A UA 0V 4 0 ).4 4J: 4, 4W4 9z r 34 W4 *.- * .4 0 W(a -4 442 W W .01 U - Wr' .,- 0 r 4),- I W3.4 4J L)r- 9441 0) 0 w1 04F2 C z M 0 " t: 0( I r. Hr r mW 04 n24 420 42 H 04v2MW 4 -A 1 .4 W 00 W (0-W (a C C 000 M -4) 5 a 4-. a) 4J-I r L! 0) HH.40 [-4g-4 W 4j 4 k 42 42 30.0 V4 :.4 3 (A "A ",34 vA V 4 U) U4. 42 -W V O- 44 (a) :1 * 34 0 02 ( :1 to W400 d .-4 0234 S0 0W4) W P(A W:I-.. 1-- (A tn( 3.1 4) (AU: 1.W 042k ( W U) 4 ( u0 31W P k .4 H _ 4 : m W0 0401 -14 a) E W r C4 : 42 3.-4 (A WWW U -4 r -4 0p4) Z 4-4 00 4110O404 a En-. l 0 En U) m4j -A (3AWu i H.C (a C -4 a)4W Z E- 0-H 4 r10 - o 0 0 H. .. H .. . 040 0 0.0 0 H-4 4- H m1 En W 0 En4 34. 0 W x30W Wz 00 3.4#
Attachment 1, passage 324'00 .4 0* -44 414 04 04 04 4 144 Co. ~'44 Co. lb 4 4 "44 Coo 4 144 04 4 Co. "4 04 Co. us. u 0 0 04 *1 41" 14 0 t 0 -4a 9300 0 t. '- 04A0 0 4V. A> -A 0 40 00a -0m 0 0 N 41 -. 0 4 1 00V O4 41 0 ow 2 04 I- _0 4 -4 '00 10 10 z 0 2 H I.. 0 CoW Federal Register / Vol. 58, No. 67 I Friday, April 9, 1993 I Notices V 41 0110, '.0 00 C 0 00 0 4 0' 00 A4 W. 00 00 A4)G 0 * 14 -4j 0A4 .0 00 0 -q 4 0C 4j 40 0~ ~41 0 0 0 C41 41 0 A4 0 0 4) w0 00 0 0 0 414 0 4)41 0 0 0 VA 0% 18866 1L8855 0 5 4) x4a0 0 : 13 to 0 5 0 -1.4 4 0 0 '4-I '44 4141 to o#A .4 -A U U0 0 0- 41 O 0 ,1 uV0 00 C 0 41 V041 0 u t C r 40 0-I - 4 00 4 '44 C 0 t V-4 U) 10 0 0 -. 3 O0 41 0 di41 'U k k 0 k wo 34 4 43 k 0 a) 0 04 0 A0 -4- 0 -4 0 0 U1 54 ix 00 En MC. 0 1 o X 03 0 V54 0,4 04j 0 1 0 # 4 4 0) 0 FAC 0 go 5 4 '4) 040 Pq r 96 2 n0oC#
Attachment 1, passage 32518856 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0 '.1 G ' U. C -'4 (n > 0 -H kn~ 4.1 •4 1 0 r. 0- 0. 0 4J 0 U 4 b' 0 u *w C 44 4.1 014 ,4 00 wn U) 0 0 v .4,- Id , a . , n 0. -1 .4 ' -4 C 4 % >In -4 V 0A 04 50 140 3t~4 tr 14 Aj 41 C $4 .,-1) -A a n- a V 4-0 4j 4 0 9 0. n o .. 4 la to - ~~~~ 4j 0-I d).I .~ 4 I IV4.4 0 4 -4 W 2 0 to>r".4 >n .%6 -. 0 0 so.40 .0 - 1.4 ,4. H 0I O 0- 14 94 FA ZO 0 014)n W-0 41 '-4' 0 -4 (d 4-A r0. 41 w F 1 > 0 1 4. 4 A W40 HWU $4~ 4I :10 £240 -1 1 0 04 w 0 v 10 414)4 04 10 0 %-A P 94 04 P4 "10AH400" m4 0(0 M 4E 2Ur 10 w i In O O' 104 14 C 0 I) I > 0 ) n .1 ,-4 0 4j In to 0- C r Q. 0 In - 0 44 1 0 .,-4O 0 ) '- U "14. I 444 . 41 -4 C'.-4 10 -' 0 A I4 4.1k S N 'a o .Q .(a - 0 _4 ~ -*.0 .0 0 '.4 14.4J 4) 0 44 0 £42I M 10 :1 44 ) JA Ln0r -4 > (41 In 14w0 o1 ,"0 o o0 r41 In0'In1 1CI 10 0-140 In to) 4 0 I4- Z R' "I (A4 4-410 1.0 > .'4 k C010 HO4) C044 0 010) 01(n44 E- 0444 00C 0 a01) . .4O.0 0 aU 0 w1 0 41 j 4100 0 0 m r. 41 r * 0 '0- 0 0 0 *.1 4J 4)' r'o 4) . r- .. 4J 0 0 '0(a 4 0k 0 V 0 .0 Iv uw fvmo . IV 0 00 U 0 1 :I1 0 It 0 -) a4> 0.) 0 H 44. > .. 4) 0I 10 a C 90 R X041 0 to r44 10) 4 In 04j41 w 14 to * 0t Eq 0 C 0 *00 >IV 010 'r, 010 W ln V4.1 0 4j 1 14- 104. 0010 00 IV>4 4-.In ~ q W140 0 ) -4) A0 0W . ix 4 X . v I99. W 410 w .4 X 0 .- 4 4.1 . .4 0 0 A ) "4 U 440.>.t r 0 0 U) (a 0 r- 0w ( t 1U 4) 4"1 0. U 0 01) -0 0 bU) jU u W 0' Z U -A 0 m )M 0 P0 -4j 4.4 0 C ( aIn 1'0 : 4110 H 1 4 4.1m '.4 0 0 '- tO 0n tP 0 4 H 4 .1 4 E-1 V CO .44 w 9 00 0 a.0 0 0., 0 0 0U O 020 0 .4 U)1 10n . 0 10n . U)1 1444 0 U)1 w44w 0 (n1 W444 0 14200 10 (4). 001 U) Z. 00 10 _0 -. 0 - H QJ fA> 0 -'41 u 41 Or 0 4 '10 4A 04M.1 In 0) 0 -A * . R, 4,.I 4. . S. %4- 0 -4 -,4 14 41P •a .'4' . .00.- 44. 01 1 U 104k .'.4-, -I 0.4 0- a)20 40 40 S ,4,I 1 of4 41 to~ In 1 - .- i Z- ,,oo'I .,1." n H Iq 4J 0 a0 W, 41 1 'A' 0 4.1 In CnO 604a . l 0) FA4. 4 4.2 2''10 ". >l we - m0 . 1 o4 In 40 e z 4m r 4-40 40 04 00 o 'l1 1 1 P,4 10 0P1 14 41A 'd: 9 '0 0 •H . L m0' r'.4 0.0 00% "." 44M In 00 13 44 10. 44I U) Ob 444 I A I 14 .0 I 4 .. 0 F ~ 1 4441d 4V AAO'0 0 1 g Z a0. 4 - .4 , Z0 0 w >.A Z 0t 101 1)0 OA M 0.4) 1 .2-41a -H'.4 0 .4 0 In 010 10 no 0> 0 M0 VHWn4-4 WO . H [ , jw - .) X J 01E 100 0A 1)000 to 4a U) 14 V . A4A Ho 0 .. 4.11" In In>0 0 >10' El 4J 0 A n- 09 k 4VA e-14 r . HA w 14a)n 10 V A.I 4-4 41 . k4 11 C >- 10r - 0 4.1k 2 . -I w H -44I 0 14)E- 0 H 4101014.1 A >40 E1. 0A 0 C> 0404.WV n . r. u 0A4w VIE 10 A4 4-444j H( 10 V-a- C -1 0V ZO -.441 0 1P40' 00'.4 0 1410 APg 1 04 H 04.1 010 H- .0 0 fAV0W 0 0 In0n10"w40 'a.110 010 U 1 1n4 1.4 m 0 '0 0 'ato(d( 14>4-V4 4 .4 40 w V 0 C4.0 z10 .00 wIw D z 10101 41 410 0: a -- a 0A 0 4 1044 w C4 .0 a) 0 4.1 w w 0 0W4 4 (A 4Ia 0 4 4 -H ) ) N '04 .- 4 ). . %,a .01. 1 0 001 14 .14 1 0 In ,40 010. .00r0 0 r.o44M410) 4.1440 In0 .." 4nCL'.4 a)'.-4 C0 10 10.0 0'0r1( 0 0 z 0 wwn0 a 01> -A. V -4 0 A U P -'40 4 41 -'4 4.10 0 1r. 0 01(0 4441041 10 r.100' m0 003 0101. :-40 $44 A -4In0 k u 4 (a In'.-4 1010 V 010 44 4 0. = 41' . 0 0100. a -4 a) z41 .04m W4.0 4 to0041100 1 )0 w >'.In0 M 0 10 34 ,a i z w11 0'00 00 :3 III N 41EC 0 02 1.4 C 020 C 0 C w .11 10100 0 10 .40 > -I 4 W 4-a -. : 041 Im z 0 44w4.1104.100 4w1.11 14 410 0 0) U14 0 04 U) ( C0 0 0. d) M n4 . Z ~I4 0'.'0 in to 0'u.M4 0 C4.0 0 H H 04 144 0#
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Attachment 1, passage 32718858 2 0 o .,I 0 4~' 04 .,..0 0 -f.4 1v 41 0 t0 H.4 1041 VIN 0 C En 'A- H410 El"- 00 0N0 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices $4 0 4 A P4 A 0 '0 C V j .' 04J 0 0 '4- 0"0 4 >. 14'u 0 '0 '0 -440 4 4 0 04 4U 0 I 0 a ., -0 V .4 A U.0 . 0 'I 4 " ' I r. -I 0 0 w w)0 a 4141 04.0 .041--r .0 to .0- A A '-4 .4 .4 -O .4,0 0 10 OV A 140I WAI .4 4 )4 -1 u 4 1 "4 . ..-I . all 1 -- (l 41 ",40-I"1 r .144 ' . 0 0 0 #a 0 Z- :3 -A 4" 1 .1.4 4' 4 1 ? 414 1 AMC AVO .4m -'0.0 0 ,01414141 10 06441 4 4'0 rJA4 V 0 .40 0 V 40 'a001 '0041 04J.. 4' '0 41 4141 0 0411440.41 A.0 r.;0.0404w 04 A 4 d1 4-14 z 4j -U 144W 4 14 . 00 1 r r.9 - 0 W 041 001 001 0, ' 41 4 0 410 0A 42 40 414 w 1:S 00 41 0 1 0. I 041 041 .1 . O 4).--14 -14.-A k40 H.0 0 AO C . 0o 0 0 4' '04 '04 .A0 '0 0. 0 4Jn 14 41 U 414' '0 0.m0 0.0 .1 0 0 01 V 0fU 41-H 0 0 0" . 0 w 0. V4 v 411 410.4 HA4 0 141 41-IQ 401-14 soI4 1 .410 k4 U10 4 0 H 0 E-4 00 A z '4- 41 0 0 C0 In 41 41 H 1 4' ) .0 14 ,a 41 4 V 0 0) 0' 01 0 41 1 41 4 0 41 4 14 - 41 4 1I zN N0 fa 14 14 U V1 44 D V M V 13.0 0' u EH Ul 6 In 41 g z Clo.U0 > 0- 41Z ,4'- go4C 0 4>0 '2 to Mo 2 4 (a 0 k- - 0'O - 00 4 a.1 0 • .d ., -4V -J-4 0-. - .- 4 -.40.4V4w ' 4--I H411 W411441040 m H 4'w 0410 14 to0 U 44 ' 41.-4 001' 041W V0'A A .. 40 14 -: P111 0 4)4w410 O0 100V r U . U010 -.40 04 9: M0044.I-444 41C 41 4' O 4 :3.0 C 40. 4'>110 1 00-drf4'4-4 .14 o A. -. 4 , 2o ..- o -ou 044114 -44404 0 041 * 4) 0 0 V 14 4= 1 -a) 0 Z O Zl O j 2 -'J 40141 04 V .- 0 41 w 0 4' .01 w1 to 9 k 0mN410 ' ' E'A A g.o u 02 w -- *. - 10 A 0 . a 4 . .- 0'0 aoa 0 . --. 0 ,4- '14 M 0 .j 1441 414'M'4h1&-I0k -0141 u0 . 0410 0 410.41 0a a u4 -m j4 1 6t W 1' U0 - r't 4 0 90 41 0 '- V 0 0 -1 9 - -4 4J 14 1 -- 0~440 0-.40 44)0 41014.0 00 -f40 0 "-'q CC g.0 A 0 0 V' 0 2A'W1.4 W4 014 r 0 M VO-- 0.4V4 4041.4 '0 14 4' 0 1 41 %-4 -M4 0 41 0 -.4 U A 0 41 to 0.4 0 0-I4 0410 W 411 41A .01 .'140 44 0 43 ,. .4 U 0 U m) C.. W u ,_ .. 04.4 to0 1t 14 0A$4 0 m u A 0 041:114- 0 4,4 0 401444 0 0 04) id.444-0 100 41W0 -H A A 0 1 0 4100q3u 4, 0 1441 C 4144-W4 41144.-I4 41414' 0411441 0 C04'0-4 4 4J r4 -4 0. A-01 04I -041 0 k1 0 4 'A AV 1414' 41 to0414 U41 4 4410 14 10 -.4 I VA M 0.-1 .14 UUU X2 1 0 41n''1 H41 0 041 V4' 01440 14 -4 0 0V *1414 V0U0 -- V- 4 i FA 0.42 004100 0.IN4000141.00 U4 I4'0-Q--444'404110QW z 0 00 2 0 U (a 0 wI D0 I A a) 2 .0 0 4 H In 14 tn 41 H 4' 0 41 In a v 0 0 0 -4 14. 0 41 4.1 41 14 14 o 40 00 0 'U t '0A 141 410 zN" N H O..4 -'1In HO 0 0ON 0 0 -.4 1 6- 4-.4' 4 i1 Z 4) 414r1 ' 4 4 '0 C11 41 0.. ,n -Go 0 r. 4 to .- 14 HO .4 - 41 V 410 W 0 410 . 0 .4 4)4 04 z 0 00r#
Attachment 1, passage 328Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices required for <CONTACT-NAME> <CIK>, <FILE-NUMBER>, ‹PERIOD>, error will appear as a warning the required tag value and Conmon occurrences of this error The value for the tag specified is incorrect or missing incorrect coding or onitting the value if no value is found following either the «CONTACT-PHONE> information in future , ‹tag› value truncated to (parameter) characters The tag value subnitted either exceeds the pernitted length or was not properly separated Reported for your information. No action is indicated Test exceeding 80 rates on. or <ACT> tags when these taas are <CONTACT-NAME> or <CONTACT-PHONE>. from other elements of the filing. The text of the submission exceeds 80 TOO_LONG Text sine essed caracters. D-30 for the ‹TYPE>, Insert or correct resubmit the filing. as (truncated value) • 1.4058.r0875D.D4.148 50948 0a8724 contaned include filings. TAG_VALUE required. LIST OF ERRORS DESCRIPTION AND WARNINGS OF ERROR OR WARNING: SOLUTION: DESCRIPTION OF ERROR: = ERR: SOLUTION: MSG: ERR: OF ERROR: MSG: SOLUTION: April 1993 The submission has been suspended due to The intered arous hate see prador value specified. Allowable combinations are: Required Argis vaste stagz> is aissing. value To tags tags albsing or invalid Ensure that a <FILER><FORM-TYPE> value 1 E 1A ad E 1. previously encountered errors. Insert a value or correct the value. 13D/A, SC 14D1, OI SC 14D1/A. OR MANG Triade for the second tag de steing or D-29 SUBMISSION SUSPEND chose not to fix. (value). LIST OP ERRORS DESCRIPTION AND WARNINGS ERR: MSG: OF ERROR: SOLUTION: DESCRIPTION ERR: MSG: OF ERROR: SOLUTION: ERR OF WRN: MSG: SOLUTION: Apr 11 1993#
Attachment 1, passage 32918860 Federal Register / Vol. 58, No. 67 /Friday, April 9, 1993 / Notices 0) 0 040 31 A 04 U>. 4V IA 00. H 4j V 0 04 0 96 ) r.4' 'A0- C' 0) O 0 q 4 -. A 4-4 . 0 A 00 I.A 91 -.. .4 V 14 4 A >A r -A4 A A M0 1 S0 A. 04 0q a. Q.. 0 4 A 04A64A 20 14t40 A@ 1I 1 4 0' A .0 404) z 60 w0 M-40 404 0) oV k '014 4 40 00 0 0) 1"41 >44 014 4 14 0 044 144 4140 40 0 41-4 A1> 40o 04 0 0A.0 4' A -W4 >Iz )014 a >3400)0. 0U' A 4J4A 0 0A 40 >4 v v ~ (-44 VU 0o0 o z 0£-. 40 V&~ 40 (44' 0 0U) . A 0 0 26 0 0-to 10 W1 4.- V, r0, 14 0 0 ) 0 1 0vt V 0. 4' 0) 4 0 14 0.4' 0 4 v0 a0 )' 0 9 W Q. V 0.oo 0 O v A1 A 1 0 v k FA(a V OG 0 HZ OO A. 8. S00 IH M 00 . 0 I 04' 0- 41. .0 0'0 040 -4 .4-. -4 -4 04-4 40 I; 00 6006 0 A 60 000 U - 4 0 > .0 -4 0) 4 A 09 0% W>40 >14 w0 4 0 U0 0-4 0 144 U (4->04 (0- 00r •-4 '4.440 0) .0 41 o 0 0. , .4 0- A1 40 V) 04 .> W "4 4. 4' M) 0 0 0) 0 0) 30) 0)0U ^O 4' I- to -A 0 O r.- 0 0 14 404 0 o 4V0 04J A .0 0 041 S . -4 k ,", > 04r' 0 0 040I "> 14 9.A g o0 9 00 UA k4U 1A 14( Eo V 0) 0)0 0 -4 140U1kin 4 W1 0 w; 0 to w V W -4 C 002 0J ) 0 410 0... u 4 14 Ilv 0 -.4 -4 A- 0- 40J 0 0 03 .C -4 V ) a 0o C 0000 z 4 ,0 0413 .U 04' 4 0) -H 4) > U 0U -41$4 0 14 ~0000 0.44 4u -14v 408 '6 0 $ 00 k 00 1 40 4' 00r $.A ,1 0 3104 044 u. 6 > tP 14 •1 " 0 A 4'0)6 .40' ii U0C 14.0"40 C"4' a0 4 0400 zv z Z .. 2.. 0. 00 HZ *.0 0 00 N w~00 VA x C0 2 0 N.0 0 14 C a0)4 000 0.4 0144 0A 46-. PA 01k 014 40- 0 'A4 0%4 H 4 *. 0 4 0 40 0 "4 40 0' 4 ' IA *-0 014 tO IA '0) 3 Iv 0#
Attachment 1, passage 330Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18861 will not.) If the tag is applicable for this submission, formatted, correct it. Otherwise no action is ‹tag› tag is not recognized by •EDGAR. EDGAR was unable to recognize this tag. but has been misspelled or incorrectly <tag> tag is not supported by the current LIST OF ERRORS (EITOrs (ERR) Vill cause a filing to be suspended; varnings [WRN] DESCRIPTION The tag is not supported in the current UNRECOGNIZED_TAG UNSUPPORTED_TAG required. EDGAR release. release of EDGAR. No action required. DESCRIPTION OF WARNING: AND WARNINGS WRN: MSG: SOLUTION: OF WARNING: SOLUTION: WRN: MSG: April 1993 Becalse Bore chan one DONE (alue) Send a corrected submission containing only one Et one or the Toilering soda Praguage ite une prefix of the reporting file number (value) No gud i porting file number was found for <CIK> file nurber vas assigned was found, therefore no two or more ‹DOCUMENT> ‹TYPE> (value). document matching the submission type. Module (Value) Cannot be accepted because needed to resolve this problem information Revise your submission and resubmit. OF ERROR De Tiling and will tequite SEe Intervention 1OO ANY MODULeS SUBMTSSZOM D-33 for proper resolution. systen. ERR: MSG: DESCRIPTION OF ERROR: SOLUTION: DESCRIPTION ERR: MSG: MSG2: OF ERROR: ERR: SOLUTION: MSG: ERR: MSG: SOLUTION: April 1993#
Attachment 1, passage 33118862 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices registrant must file 486APOS 486A24g 486A24F 486BPOS 486B24E Thin A special report is required to be industry operations in accordance with the Regulation S-X life of the registrant if less If a Securities Act registration statement does not contain pursuant to Exchange Act Rule 15d-2 The following forms will require an Article 6 Financial Data financial statements. A registrant that presents disaggregated of its primary financial statements will have the option to file Pinancial Data Schedule information that is relevant to each industry in which it has significant operations, along with specified aggregated information on Schedule CT. Alternatively, certified financial statements for the registrant's last full such a registrant may aggregate financial information Article relating to the registrant's primary business. full fiscal year) preceding the fiscal year in which the certified financial statements for such last full fiscal year a required to be turned with ee Becaleport in the samee Schedule is required to be furnished for the latest S -6 S- 6/A S-6EL24 FUTURE TAGGING FOR BXHIBIT: FINANCIAL DATA SCHEDULES non-homogeneous registration statement became effective, filed under cover of the facing sheet of the manner as any other filing on a Form 10-K. year included in the special report. FILINGS PROCESSED BY THE DIVISION OP IM: other period, as appropriate. fiscal year lor for the INVESTHENT COMPANY FORMS N -1 N-1/A N-1A N- 1A/A N- 1AEL N- AEL/A N-2 N- 2/A N-3 N- 3/A N - 3EL (Continued) 14*********. Schedule:" April 1993 furnish the Financial Data PINANCIAL 1993, Pinancial Data Schedules will The information below will be See Rules 401 and 402 of Regulation for registrants whose filings are processed by if a filing containing updated financial statements not APPENDIX B DATA SCHEDULES be recuired as exhibits in connection with specified FUTURE TAGGING FOR BXHIBIT: S-T and Item 601(c) Of Regulations S-K and S-B. investment companies, see Rule 483 of Regulation C, and for public utility bolding companies, see Forms 05S, of the filer Manual before the effective date of the PILINGS PROCESSED BY TEB DIVISION OF CORPOFATION FINANCE will be required as an exhibit to any electronic egoistion that includes updated annual or interim financial statements. Statements, not inCorporated by reference from an earlier ting After the effective date of this requirement, a phased in with information reflecting the most recent fiscal year and/or interim year to date contained in such financial statements to be Companies that Se mande ed elect onic tier will fu migh ting Schedule in connection with each Form 10-K and Form 10-0 filing. before the Form 10-K or 10-Q is filed, that filing will be the pretou for which financial statements have not been filed required to turnte Fane at Data Scheduves, even if they be than one Arcadie of Reguration 5ix in their consisten more E-1 report or other document the Division of Corporation Finance, a electronic filer will be required to electronic filing. represented in a previously filed included in the Schedule. one to include the Schedule. volunteer to file on EDGAR. In the future, April 1993#
Attachment 1, passage 33244 0)44 ~ 44 44 44 1044 44 444 1444 444 ~ 44 ii he 44 44 44 - 44 1444 H 44 me H 44 44 Id. 044 he 44 044 I 5344 044 044 -44 o, 14 S0 4 M M3 43 0 aj1.)) 04. 14 t 004 Id ) 04 a3 0 A 04 4.4 0.0 ,., 443 54A 1.1 14 -1) 40 Ila 0- ^ u 0. 0 43430 WA 0) 0 ") R. 43 I3 v. V4. Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18863 A 4 1444H 94 E.0 00 0a Wi! 00a 04 . c3oo 444 0 coo M3 12 0 ;C; 4343 000 91. 0000 4) 0.0.49 -4 P.0 r4 V0 H M3 434 5.4 100U) U)4. 941 a 4 1 ' .4(Ca1 n C4 M3u 0 - -4 430C 43430.0 0 0 14 &3 A -4 0 OM :44 004 00. -,0 43 41.04 *0 04 M0f 4314 :3 14431 '1u- 0 144343 0 0)." 043 0 .00 N43 14 0%$ 0.0 wV 0 4 43 $40 $4 -A) ').) 10 Si 14 A3. 444" H 04j 30 W M -H -4 A44 M Vo: . ui1 439 014V1. V~.0 A03V0 W r- d 3Si 4 04H 0 43 0014 u I @24 40 U43a) 430) 43 A..4.Vf 4 M 1O.4 444 "I 04J -W40 C 44J 001-4 a) 1.J.-4 W- ) 440 14 4 343 0 4 4j a) 00 4) .11 W 14 4I3A 00 43 j 143- u ~ 3 Id" 43 O 43)0 M-lo. 0 .- ' 09. 13 .00 0144 44 A))4 . $3 4j 0434 0W0~~0) 01 1.44 4 0 M3)40 i 4 1.)9 0 H 4 0 MQ0 - 0 &3 Id 44 444 1044 44 044 W W o 0 .O 04M 14V w 0 44 4 43 91 4) -4 149 -HU -4.4 "40u r4 -4 -4 0.4 "34 4U 0 N4 .m 0 0 434 44 4* H U) AU L) '0 0)0)0) 4 .4 .4 u 4j 4- "441 4) 3 43- 0.t 44 4 V1 414 0 43 0140 40 -. 14 141 .09101.0 4 P40043 .0 to V"4 to Id 0)43 u -4343 0.M 414 043 - 4.) v 40M ) 43.- 16I 43 14 0 14u43434 M. 430431w "4 0. 4.4 0w .40 4 4j34 414 H14 1.14 40 > 30 tc 010 M30 14 N 43- 414 V 0 *A 0)u4 I43 .0 A 43 9k A 41 0 40 43 0"4" 80 u W u0 4#
Attachment 1, passage 33318864 4. -4. - a H * 0 H 41 w : hi € H H C) z 4. P.4 . : 0-: Federal Register / Vol. 58, No. 67 / Friday. April 9. 1993 / Notices . Federal Register / Vol. 58, No. 67 / Friday, ADril 9, 1993 / Notices 4 -4 o 0 , 0• AO0 '0, 4 rd z 0 VH 0' H -'-4 01 aU HOl OH V. A 4. ) .0 '01 13 M 440 0= -. '-4 '- '4j .4-4 OsH 02C (1) 0 H 4)", .0 0 tU Vm 001 'oH U 00:: 44 w , n.. .- ,I Hd H H 00Q Ui)a 0240 -A H "1 U) H a)-IU H44Q ? 4 0n A V- U v .1 02m om 14 4 4.) 0 (2 E) ' 0 42 'U " 0i I0 0 0 w ) 0 0 I 0 4 'UU 9 0 Z $4 4 iv H 4-' H EU C'4 M C4 CO 0 0 LA A U) AN A ) A U) U) N V V V V V V ~~z O H )4. t ~E. I) P H4.C4 0 4WC a V A N Z N 0.0 'A E.' U) (4 0.UE'NNHHE-E- 0 CIE)H0 W . Z W CO A V F. 0 E4, W 0 I.wRI 40 '>'- A. E-.H >4 V EI; $4 4-4 L 00 0. '44S * 0IN 8 41W V i- 0.0 U) H 0 C 4.4 C 4.4 JiA 0 R 0 O H A * 01- 94 H.O 0 0 *E- -ri O V. 0- v0 '00 -HH 0 :3 -1). d)V $4. AJ 0 (do U -4.A 41 (1) uG CflU rn a A 02 0 • H W) 44- 4 -) 4 -' . H H ,4 .0 HO-1 410 'H 0 0)i WIJ O 4 4 4 4 14 Ix lax 9 3 3 : z A 0 9 H A N A ,4 A a > A 4A u I A H N FA P, Cl) X p- En) VH~V V ,v z#
Attachment 1, passage 334Federal Register / Vol. 58, No. 67 | Friday, April 9, 1993 / Notices 18865 Provision for doubtful Interest and amortization Item Descriptien accounts and notes Income before taxes and of debt discount Income tax expense Income/loss continuing Discontinued operations Cumulative effect-changes Extraordinary items in accounting principles Net income of loss Earnings per share • Earnings per share other items operations fully diluted primary Commercial and Industrial Companien Article 5 of Regulation S-I (Continued) Item Number TUTURE TAGGING YOR EXHIBIT: FINANCIAL DATA SCHEDULES 5 - 03 (b) 5 5 - 03 (b) (8) 5-03 (b) (10) 5 - 03 (b) (11) 5-03 (b) (14) 5-03 (b) (15) 5-03 (b) (17) 5-03 (b) (18) 5-03 (b) (19) 5-03 (b) (20) 5-03 (b) (20) (Continued) ..*******• «LOSS- PROVISION> ‹INTEREST - EXPENSE> «INCOME - PRETAX> < INCOME -CONTINUING> «INCOME - TAX> «DISCONTINUED> «EXTRAORDINARY> « CHANGES > «NET- INCOME> «EPS - PRIMARY> «EPS - DILUTE> Tag </TABLE> </TEXT> /DOCUMENT April 1993 (Continued) Item Description Property Plant and Accumulated depreciation Total current liabilities Preferred stock-mandatory Bindia ortgages and Preferred stock-no mandatory redemption Other stockholders' Total liabilities and stockholders' equity Net sales of tangible Gold of tangible goods Totai costs and expenses applicable to sales and Other costs and expenses Total assets redemption Common stock Total revenues equity products revenues Commercial and Industrial Companies Item Number FUTURE TAGGING FOR EXHIBIT: YINANCIAL DATA SCHEDULES Article 5 of Regulation 8-X 5-02 (13) 5-02 (14) 5-02 (18) 5-02 (21) | 5-02 (22) 5-02 (28) 5-02 (29) | 5-02 (30) 5-02 (31) 5-02 (32) 5-03 (b) 1(a) 5-03 (b) 1 5-03(b)2 (a) B-7 5-03 (b) 2 5-03 (b) 3 «TOTAL-LIABILITY-AND - EQUITY> «CURRENT-LIABILITIES> «PREFERRED-MANDATORY> (Continued) ********** «DEPRECIATIONS «TOTAL - ASSETS> Tag «PP&B> «BONDS> «PREFERRED> « TOTAL - REVENUBS> «COMMON> ‹OTHER-SE> «TOTAL - COSTS> < OTHER - EXPENSE> «SALES> April 1993 «CGS>#
Attachment 1, passage 33518866 ti 4 A VH A H 0O) Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices w4 UO CO 00% -. 4 w4 '4 40. Ai 14 C 0 ~0 -4 g 0.- 10 0 0% Hl 0) P4 0. 00 14 11 w. .0 Vi 0 H 0.0.- 0 w 14 0 • H 4J '40 C.A S 1- Idl •. -4 Id 0 H -4 EC.4M S40 •4 riC .jICm Si4O H .4 1 '0 .414 4 -4 -A4 0 ( Si 41 :1 4- x r, 0 (C 14. 4 04 41 -4 4 o j.. 14 41 ii to 4.: A 0 v o X. U) A- U) v z Cl0 0 ~ ~ - U) 414) . 0 (6449- .4 . O) w0 F) (d 0 ~ ~ P A ClE-- lU ClI: Mr- I 'W- F > W .4 .) E) 0 wX fa- C~ ,I 1Z 0 xU U) 4 IC d V 14~ a 1414 41 Si 0 0 4.- 0 S-4 E 4 ' 43 z l 0l> %(4 U) I- 0 VH (C Id 0w u4St . 0 A P 0 H A -H4 to)U -A (C >1 r 60 W 1 4 F' 4 4 'U U W 0 Cl . 4 Asi 4 4 j 0 A 4) -1H 4 0 is0 g3 . Id W04 0A 1 -. 4.4 Si ( Si 44 U1 . Si 4 43 4. (C3 .4. z w IHE.. 0 U)0 MU It4.4 ". 0 A 1.UU 41U A Q#W U)U)U (a0a4w4: HOM N RW A A#
Attachment 1, passage 336Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18867 Item Descriptier Other stockholders' Net' investment income Realized investment gains Underwriting acquisition and insurance expenses - amortization of deferred policy acquisition costs and ingleane expente on Income or loss before Income tax expense Inera /os continuing Discontinued operations Extraordinary Items Changes vi account ing equity Premiums and lasses Other income income taxes other principles Articia, 01 teguia Com 8-1 (Coat saued) Item Number B-12 7-03 (24) 7-03 (25) 7-04 (1) 7-04 (2) 7-04 (3) 7-04 (4) 7-04 (5) 7-04 (7) (a) 7-04 (7) (b) FUTURE TAGGING POR IXHIBIT: PINANCIAL DATA SCHEDULES 7-04 (8) 7-04 (9) 7-04 (12) 7-04 (13) 7-04 (15) 7-04 (16) «TOTAL - LIABILITY - AND-EQUITY> «UNDERWRITING - AMORTIZATION> < INVESTMENT - INCOME> ‹INVESTMENT-GAINS> ‹UNDERWRITING-OTHER> COTHER-SE> < PREMIUMS> «OTHER - INCOME> «BENBPITS> < INCOME - PRETAX> < INCOME-CONTINUING> (Continued) < INCOME - TAX> «DISCONTINUED> «EXTRAORDINARY> < CHANGES > April 1993 Tag • • Mortgage loans on real Investment in real estate Cash and cash equivalents Reinsurance recoverable Other policyholder funds Item Description Total investments on pai ses unearned premiums. Notes payable bonds mertsages and 8imilax mandatory reempt son Total assets estate 7-03 (23) (a) (1) Benerles 108385 ela Future 7-03 (13) (a) 13) Paine ana bene-ther Common stock 7-03 (13) (a) (2) Policy liabilities- .a0agaog diticio y os aguia Cos 5-1 (Contsaued) B-11 Item Number 7- 03 (1) (c) 7-03 (1) (d) 7-03 (1) (h) FUTURE TAGGING POR EXHIBIT: PINANCIAL DATA SCARDULES 7-03(2) 7-03 (6) 7-03 (7) 7-03 (12) 7-03 (14) 7-03 (16) 7-03 (21) 7-03 (22) 7-03 (23) (Cortinued) ........ «MORTGAGE> «REAL - BSTATE> «TOTAL - INVEST> «RECOVER -RBINSURE> «DEFERRED-ACQUISITION> «TOTAL -ASSETS> «POLICY - LOSSES> «UNBARNED - PREMIUMS> «POLICHOLDER - FUNDS> «PREFERRED-MANDATORY> «POLICY - OTHER> «NOTES - PAYABLE> «PREFERRED> Tag «CASH> «COMMON› April 1993#
Attachment 1, passage 33718868 Federal Register IVol. 58, No. 67 IFriday, April 9, 1993 INotices 0 V'4 a41 14. . w0 0i uU ) U . 4 I 14 0 E 04 Id :3 f14 14 m > aI * w I m Ow QW .4 Id 14 w *,>. -i -0 :3 140 4'O44 WE 14 0 14 $4 k40 k402 04 W444 k w40 4.44 414 0 I'mD %I410 M 4 *.4 0 0 0 IN - >1 w 0 g a >. a u M.9 00u 0. 'm @2 m 'v 4 ~ ~ ~ ~ ~ A 0 ,4 D 0) 1 D @4 10 ai 14*" 30) U 0 Jul a - M.004 ID.0 m A~ A ui 140 Ad Ain N N N AA U) U) 4 HI H 41 0 w uA .4 044 P H;;,I 1 0-4 94 94 100 I j.: IJ I -0 0. mi a " ma 41 Soo .42 a a4 I u~ Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices luau Om~a m U ) - 4 H 4. H 2 . 4 0 O,.0 5 .0 V. f"$ 0 0042 4 0.-40 41 1.15 4. 4 4. M2 -4- W425 0 01.- f20 @2a V4 410. jjg Li @25M oIo . . 'o-4 R to. C M • H, 9: - 0- -6 ,"1 >. .,' ijH- A AA 52,2,5505 to * V 0 H~0 *.0 .40-I -. 0.- -. 04 0 -OA401 @2 02@222 i-- v H Z 2 Li 00 14 0 IOU) 13 94 vm Hun HW V Id H8 Aj~ . 2 2 4 1AI -4 51 H t"4U. a2- 5 U k 52-U 52 2.. 2 L 1 452 520 52 .2- * @4o @2 052 UO..2 4.1 C620 V@24 01 Va 0-~ d 4)5 5 o%- V1. A O HOC HI OC, HO H S H 001 1. 0 0 0 A mm . a.I- H4 04 0 V V V V 0 A '4 0 A A A H 001 0' T0r. r V V 0 2 V m 0 OH0 4 0 ~ ~ A 4 01. H1.02 .- NN@J 0 8 F. E- 1) a .) 4 %4 5440 14; E.J~ * 2 1 O H C) .0 " ,- 9 4 1 . w'- 544C Si..' 1020.- -. .s0 au oo A 50 w 05 V@2 XEhE- ,s4 1 U 10 AV r "5 H40.J 0 H 0H M%4 %J 4 114 4 0V 0A A v. I!. 94 v vv#
Attachment 1, passage 33818870 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Interest and dividends on Item Description Other interest income Total interest income Interest on deposits Total interest expense Provision for loan losses Net interest income Investment securities Extraordinary items, less investments gains/losses Other expenses name to before Income/loss before extraordinary items Cumulative change in accounting principles Net income or loss Earnings per share - Fanny di per onare - tax primary Bank Boldog Cried oregulationd 2 nodied Companies E-18 PUTURE TAGGING YOR EXHIBIT: FINANCIAL DAIA SCHEDULES Item Number 9-04 (2) 9-04 (4) 9-04 (5) • 9-04 (6) 9 - 04 (9) 9 - 04 (11) 9-04 (13) (h) 9 - 04 (14) 9-04 (15) 9-04 (17) 9-04 (18) | 9-04 (19) | 9-04(20) | 9-04 (21) | 9-04 (21) | < INTEREST - INCOME -NET> 9-04 (10) < INCOME - PRE-EXTRAORDINARY> «INTEREST - INVEST›. «INTEREST -OTHER> «INTEREST -TOTAL> «INTEREST - DEPOSIT> « INTEREST - EXPENSE> « LOAN - LOSSES> «SECURITIES-GAINS> (continued.. ‹EXPENSE -OTHER> < INCOME - PRETAX> «EXTRAORDINARY> < CHANGES> «NET - INCOME> «EPS - PRIMARY> «EPS - DILUTED> April 1993 Tag Investment and mortgage backed securities held to maturity - carrying value Investment and mortgage backed securities held to maturity - market value redempted stock-mandatory Item Descriptien Allowance for losses Short-term borrowing Total assets other liabilities Other stockholders' Total liabilities and Interest and fees on loans stockholders' equity Long-term debt Common stocks Loans Deposits equity Bank ording Code 1o Regulation 82 Contaudis Companies Item Number PUTURE TAGGING FOR BXHIBIT, FINANCIAL DATA SCHEDULES 9-03 (6) 9-03(6) 9-03 (7) 9-03(7) (2) : B-17 9-03 (11) 9-03 (12) | 9-03 (13) 9-03 (15) 9-03 (16) 9-03 (19) 9-03 (20) 9-03(21) 9-03(22) 9-04 (1) TOTAL LIABILITIES- AND - 509-03 (23) < INVESTMENTS-CARRYING> «INVESTMENTS - MARKET> (Continued) 000000000000000 «LIABILITIES- OTHER> Tag «LOANS> CALLOWANCE› «TOTAL - ASSETS› • «PREFERRED-MANDATORY> «DEPOSITS> - SHORT-TERM> «LONG - TERM> «PREFERRED> < INTEREST - LOAN› «COMMON> «OTHER SE> April 1993#
Attachment 1, passage 339Federal Register / Vol. 58, 67 / Friday, April 9, 1993 / Notíces 18871 TEXT WITHIN EXCEPT FOR VALUE MUST be "BD". Enclosing tag for all document «DOCUMENT>. VALUE MUST BE "EX-27". ‹TABLB> SECTIONS, TEXT MUST BE <- MUST BE FIRST TAG FOLLOWING Comment field for document Value indicates the type of SX Indicates that this schedule is restated and is to replace the previously provided schedule for Required for coregistrant filings. I8 tifles units of data. DEFAULT MUST BE SUPPLIED IP FINANCIAL DATA LINE ABOVE THE LEADING CHARACTER IN Identifies coregistrant CIK. Item Description information Start doc. text. 80 COLUMNS. schedule. this form type Broker-Dealers and Broker Dealer Bolding Companies Pinancial Data Schedule BD E-20 FUTURE TAGGING YOR EXHIBIT, PINANCIAL DATA SCHEDULES -аноранан00000000000000000000000000 Item Number OPT RWA RHA RHA RWA RWA (Continued) «DOCUMENT> «DESCRIPTION Fag «ТУРВ> «TEXT> CARTICLE> «RESTATED> «MULTIPLIER> «CIX> «NAME> «CURRENCY> «TABLE› April 1993 ear yng agets - actual Item Description Loans on non accrual 30 daye or more past due Potential problem loans 18o-Begisong of persod Troubled debt restructuring Total chargeofts Total recoveries Loan ate allowance- loans Bank 8o2d1ag Companion and Say Guided Loan 802d1og Companles B-19 FUTURE TAGGING YOR EXHIBIT: PINANCIAL DATA SCHEDULES Guide Number I.B.5 III.C.1 (a) III.C.1(b) III.C.1(c) III.C.2 IV.A.1 IV.A.2 IV.A.3 IV.A.4 IV.B.2 IV.B.3 CALLOWANCB-DOMESTIC> IV.B.1 (Continued) a000tc0osoo1 < YIBLD - ACTUAL› «LOANS - NON> «LOANS - PAST> «LOANS - TROUBLED> «LOANS- PROBLEM> CALLOWANCE-OPEN› «CHARGE -OFFS> «RECOVERIBS> «ALLOWANCE-CLOSE> CALLOWANCE-FOREIGN> CALLOWANCE -UNALLOCATED> Tag </TABLE› </TBXT> </DOCUMENT> April 1993#
Attachment 1, passage 34018872 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices to Property plant and equipment net of Short term borrowing including brokers/dealers (including clearing Securities sold under agreements Instruments sold, not yet purchased Total liabilities and stockholders of depreciation Total assets commercial paper Payable to customers Pretered stock-mandatory Preferred stock-no mandatory Other stockholders' equity Revenue from trading activities brokers) and others Securities loaned Interest and dividends Item Deacription repurchase (at market) Long-term debt redemption Common stock Broker-Dealers and Broker-Dealer Holding Companies Financial Data Schedule BD (Continued) equity E-22 YUTURE TAGGING FOR BXHIBIT: PINANCIN, DATA SCHEDULES Item Number 109 112 201 203 204 208 210 211 212 < SECURITIES- LOANED› 205 < INSTRUMENTS- SOLD> 206 «PREFERRED -MANDATORY 309 TOTAL LIABILITY -AND-SQUITY> «TRADING - REVENUE> 301 INTEREST DIVIDENDS 302 (Continued) -***»• «TOTAL - ASSETS> < SHORT - TERM> «PP&B> «PAYABLES> «REPOS - SOLD> < LONG - TERM> «PREFERRED> «COMMON> «OTHER-SE> April 1993. Tag SEB SECTION 4 OF THE CAPTIONS AND AT ARE OPTIONAL WITHIN A «TABLE› Identifies fiscal year end for each column. e.g. DEC-31-1991 S SA. SAR.0:5002 18-92-050: 1oc:32. 195, each Identifies beginning of Identifies multiplier for Dollars: DEFAULT 15 1.000 US Receivables from brokers and dealers customers and others Item Description PILER MANUAL Balance Sheet data Cash and cash items Securities purchased under Financial instruments owned DEC-31-1990 ... each column. resale agreements securities borrowed Broker-Pandal Data Serade is CoatSau Companion B-21 FUTURE TAGGING FOR EXHIBIT: FINANCIAL DATA SCHKDULES 00000ø000ø000000000000000000000000000000000000000 Item Number RHA 101 103 104 104 108 (Continued) «BALANCE - SHEET> «FISCAL - YEAR - END> «PERIOD-START» «PBRIOD - BND> «PERIOD-TYPE> «EXCHANGE -RATE> «SECURITIES-RESALE› «SECURITIES-BORROWED «INSTRUMENTS - OWNED> (RECEIVABLES> Tag < CASH> April 1993#
Attachment 1, passage 341Federal Register / Vol No. 67 / Friday, April 9, 1993 / Notices VALUE MUST BE "EX-27". EXCEPT FOR VALUE MUST BE "CT". Enclosing tag for all document STATES SERIES, EXCEMUS BE « MUST BE FIRST TAG FOLLOWING Comment field for document Value indicates the type of SX Indicates that this schedule is restated and is to replace the previously provided schedule for Required for coregistrant filings. Required for coregistrant filings. Identifies coregistrant CIK. Identifies coregistrant name. Identifies units of data. DEFAULT Identifies currency of financial DEFAULT IS US DOLLARS. Consolidated Totals for Regiatrants Piling Multiple Financial Data Schedules Pinancial Data Schedule CT Item Description information «DOCUMENT>. 80 COLUMNS. schedule. this form type is 1. data. I E-24 FUTURE TAGGING POR BXHIBIT: PINANCIAL DATA SCHEDULES Item Number OPT RWA RWA RWA RWA RWA RHA (Continued) «DOCUMENT> «DESCRIPTION • Tag • «TYPE> < TEXT> CARTICLE> «RESTATED> «MULTIPLIER> «CIK> «NAME> «CURRENCY> «TABLE> April 1993 Revenues from investment Item Description banking activities Revenues from asset management and other Copa and expense Extraordinary items less .....onro Commissions Interest expense Income/loss before conting prange Net income or loss Earnings per share -. Earnings per share - services income tax fully dilüted tax primary E-23 FUTURE TAGGING POR EXHIBIT: PINANCIAL DATA SCHEDOLES Item Number 303 305 310 311 313 314 315 316 317 318 319 -INVESTMENT -BANKING - REVENUES> CINCOME - PRE-EXTRAORDINARY> .... (Continued) «COMMISSIONS> « FEE - REVENUE> ‹ INTEREST - EXPENSE> «COMPENSATION> « INCOME - PRETAX> «EXTRAORDINARY> < CHANGES› ‹NET - INCOME> «EPS - PRIMARY> <EPS -DILUTED> Tag </TABLE> </TEXT> </DOCUMENT> April 1993#
Attachment 1, passage 34218874 Federal Rogister / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Item Description Tinancial Data Schedule CT (Continued) Total revenues Income tax expense Income/loss continuing Discontinued operations Cumulative effect-changes in Earnings per share - primary Extraordinary items accounting principles alluteds per share - fully Net income or 1088 operations Consolidated Totals for Regiatrants Filing Multiple 00000200000000000000000000000000000000000 MOat Lued DIG POR IXIBIT, PETANCIAL DATA SCEEDULES Item Number 5-03 (b) 1 5-03 (b) (11) 5-03 (b) (14) 5-03 (b) (15) 5-03 (b) (17) 5.03 (b) (18) 5 - 03 (b) (19) 5-03 (b) (20) 5-03 (b) (20) «TOTAL - REVENUBS› «INCOME -CONTINUING> ....a. «INCOME - TAX> «DISCONTINUED> • «EXTRAORDINARY> ‹CHANGES> • ‹NET - INCOME> «BPS- PRIMARY, «EPS -DILUTED> Tag « /TABLE> </ TEXT> </DOCUMENT> April 1993 SBE SECTION 4 OF THE «CAPTION> AND <FN> ARE OPTIONAL WITHIN A «TABLE› Eden colen a Ba-9-1991 column esper dc-31-199 each Identifies beginning of Preferred stock-mandatory Preferred stock-no mandatory Other stockholders' equity Pinancial Data Schedule CT (Continued) Item Descriptien Balance Sheet data. Total liabilities and stockholders' equity Consolidated Totala for Registrants 7i1ing Multiple SECTION. FILER MANUAL. each column. DEC-31-1990 ... each column. JAN-01-1990 DOC-31-1990 Total assets redemption redemption Common stock 000000000001 в-25 FUTURE TAGGING FOR BXHIBIT: PINANCIAL DATA SCHEDULES Item Number RWA RHA 5-02 (18) 5-02 (29) 5-02 (30) 5-02 (31) «PREFERRED- MANDATORY 3-02 (28) -TOTAL-LIABILITY -AND--02(32) (Continued) .0..**. «BALANCE - SHEET> «FISCAL - YEAR - END> «PERIOD - START> «PERIOD - END> < PERIOD - TYPE> < EXCHANGE -RATE> « TOTAL - ASSETS> «PREFERRED> Tag «COMMON> <OTHER-SE> April 1993#
Attachment 1, passage 343Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices PLACEMENT «CAPTION› AND SEE SECTION DEC-31 - OF THESE TAGS IS UP TO THE TO BE PLACED ONE LINE ABOVE THE LEADING CHARACTER IN EACH «FN> ARE OPTIONAL WITHIN A Identifies fiscal year end for Identifies period start for each column. e.g. JAN-01-1991 Identifies period end for each Item Description OR TWO OF EITHER. 4 OF THE FILER MANUAL. column. e.g. DEC-31-1991 Identifies multiplier for financial data that yields US Dollars. DEFAULT IS 1.000. Balancing amount to total COLUMN HEADING. «TABLE› SECTION. 199h 0C-31-1990 each column. e.g." Investments - cost PINANCIAL DATA SCHEDULES JAN-01-1990 DEC-31-1990 YEAR ... Investments Receivables Other assets Total assets assets Article 6 of Retreat Co 5-2 (Coatsaued) E-28 Item Number RWA RWA 6-03 6-04-4 6-04-6 6-04-8 6-04-9 • FUTURE TAGGING FOR BXHIBIT: < FISCAL - YEAR - END> < INVESTMENTS- AT-COST> «INVESTMENTS- AT -VALUE> «PERIOD-START> «PERIOD - END> «PERIOD - TYPE> «EXCHANGE -RATE> ( «OTHER - ITEMS - ASSETS> (Continued) «RECEIVABLES> «ASSETS - OTHER> «TOTAL - ASSETS> April 1993 Tag VALUE MUST BE "EX-27". TEXT WITHIN Encooman onag for all document STATE SEES BEST BE A MUSCUE TST ALUE MUST BEG. Comment field for document Indicates that this schedule is restated and is to replace the Pres form typovided schedule for Required for coregistrant filings. Identifies coregistrant name. Bertes are identited: company Identifies units of data. DEFAULT MUST BE SUPPLIED IF FINANCIAL DATA Item Description Identifies series name Identifies series number Investment Companies Article 6 of Regulation s-x 80 COLUMNS IS 1. E-27 PUTURE TAGGING FOR BXHIBIT: PINANCIAL DATA SCHEDULES Item Number OPT RHA RWA RWA RWA RHA RWA RWA RWA RWA (Continued) *.. «DOCUMENT> «DESCRIPTION> Tag «TYPE> < TEXT> CARTICLE> «RESTATED> «CIK> « SERIES> «NAME> «NUMBER> «MULTIPLIER> « CURRENCY> «TABLE› April 1993#
Attachment 1, passage 34418876 67 / Friday, April 9, 1993 / Notices Item Descriptien Net investment income Realized gains (losses) Net increase (detrease) Net equalization charges Net assets Dividend income Interest income Other income Expenses • net on investments in appreciation (depreciation) Net gain (loss) on Distributions from net Distributions from other investment income Distributions from Number of shares sold Number of shares redeemed Number of shares issued - investments and credits realized gains reinvestment (10ss) sources Investment Companies Article 6 of Regulation S-% (Continued) E-30 Item Number 6-04-19 6-07-1 (a) 6-07-1(b) 6-07-1(c) 6-07-2 6-07-6 6-07-7(d) 6-07-8 6-09-2 6-09-3 (a) 6-09-3 (b) 6-09-3 (c) 6-09-4 (b) 6-09-4 (b) 6-09-4 (b) TUTURE TAGGING YOR IXHIBIT: PINANCIAL DATA SCHEDULES REALIZED-GAINS-CURRENT› 6-07-7 (a) ‹NET - INVESTMENT - INCOME> CAPPREC- INCREASE - CURRENT> «DISTRIBUTIONS - OF - INCOME> (Continued) 80000400000 <NBT-ASSETS> «DIVIDEND - INCOMB> «INTEREST - INCOME> «DISTRIBUTIONS - OTHER> «OTHER - INCOMB> «EXPENSBS - NET> «NET-GAIN- LOSS> «EQUALIZATION» «SHARES - SOLD> «SHARES - REDEEMED> «SHARES - REINVESTED> April 1993 Tag Item Descriptien Senior long term debt Baniel amount to total Senior equity securities Paid in capital - common are period or unite upbsor pestates or units Sent to An one net Overtent come net Accumulated net realized unrealized appreciation Total liabilities shareholders gains (losses) Accumulated net (depreciation) 00000000000000000000000000000000 article 6 or degant Cos 8-1 (Coatinued) FUTURE TAGGING FOR IXHIBIT, TINANCIAL DATA SCERDULES Item Number 6-04 6-04-13 6-04-14 6-04-16 6-04-16 6-04-16 6-04-17 (a) 6-04-17 (b) 6-04-17 (c) B-29 «SHARES- PREPERRED-STOCK» 6-04-16 «PAYABLB-FOR-SECURITIBS> «SENIOR - LONG - TERM-DEBT> «OTHER- ITEMS - LIABILITIES› «TOTAL-LIABILITIES> «PAID-IN- CAPITAL - COMMON› ‹SHARES - COMMON - STOCK> ACCUMULATED-NII - CURRENT> «OVERDISTRIBUTION-NII> «ACCUMULATED - NET -GAINS> «OVERDISTRIBUTION-GAINS> CACCUM- APPREC-OR- DEPREC> (Contiaued) «SENIOR- BQUITY> Apr11 1993 Tag.#
Attachment 1, passage 345Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18877 Net asset value per share Item Deacription - end of period Ratio of expenses to Average ending Average debt outstanding average net assets per share Artsolo 6 or saguat Cos 8-2 (Contiaued) FUTURE TAGGING POR IXHIBIT: PINANCIAL DATA SCHEDULES Item Number 3-9 3-10 4-3 4-5 «PER - SHARB - NAV - END> «EXPENSE-RATIO> . <AVG-DEBT-OUTSTANDING> <AVG - DEBT - PER - SHARE> (Contiaued) Tag < /TABLE> </TEXT> </DOCUMENT> April 1993 • Total increase (decrease) investment income (prior Item Description Accumulated net gains Accumulated net Gross advisory fees Total expenses (gross) (prior year) Interest expense Average net assets Investment income per Expenses per share Net investment income Der Savestment Inconerom Distributions from other unrealized gain (2088) Distributions from Net increase (decrease) * beginning of peat hare (loss) per share realized gains year) share sources 00000000000000001000001 Article ot Bottle Continued) FUTURE TAGGING TOR IXHIBIT: FINANCIAL DATA SCHEDULES Item Number 6-09-5 6-04-17 (b) B-31 6-09-7 72F 72P 72X 75 3-1 3-2 3-3 3-4 3-5 3-7 3-8 <NET - CHANGE - IN- ASSETS> ACCUMULATED-NII - PRIOR> «ACCUMULATED-GAINS - PRIOR> < PER-SHARE -GAIN - APPREC> «PER-SHARE -DISTRIBUTIONS 3-6 «GROSS - ADVISORY-FEES> (Continued) : +00000aea0ego0 < INTEREST - EXPENSE> «GROSS - EXPENSES› CAVERAGE-NET-ASSETS> « PER - SHARE - INCOME> « PBR - SHARB - EXPENSE> "PER-SHARE-NII> «PER - SHARE-DIVIDEND> <NET -ASSET - VALUB - CHANGE> «PBR - SHARE - OTHER> «PER - SHARE - NAV - BEGIN> April 1993 Tag#
Attachment 1, passage 34618878 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices (n HZU H Hal A ~ $4V C.. ~ r go)Z0. 2CUZU W' $.40, 0 r 4 01.0 $4.4 14 0 Wo 14V01 0 0 44 ~ t;~ U) 0U) 43H m 0 C) 030.P ~~ 0%4I MMAUVVV 4-403 A -Ull 106 . I 03 U)4 0 C. A ) (134 u & r. 0 A.) 0 0 4 rd ) . 00 0)q .0 .4 ouo 0-.4.4 A U W V-d 4.3 44. 0 H0 4 4j e '1'0 1 w mG6 0 $4 3 0 3 %41 a U 1 0 -1 014 .4 m 14W 0 H 44 a V U 04 12.1403( ( 4 0. W 1 0 0 0o E.4 0. 0 V m 0 1 00 13 '3 0.0b4~~~ A1 .4UQ .0 U .4 01-4 0 N O 0 H 0 v ~ 1- U) v v H C. V V 'J4 0 0. E. %4 03 w 3 9 U) 0. V 1131 r.I .4 U U ~ 4H do C V WH U. '4 '4 HA x. 0)Z '41 3 U VA '. 04. HZ A OW aU) 014A Wu %4 2 WV ~~4 .40 A- 044. W) ~.4 A U0 04 UF. ,1304 W)'4 2 V u U)VW v D>w 14 M) W a0 03 0 It H4. -4 -. 44 4 A4 14 A 'dU '4."40 -,u 10 4 H - - WW 0 0 w m~ > 0 w 0 -. '4 0 U14 1 43 101 4 0 . -4. 14 i1 wa) 03 -. g. M.U .410WA U IT4 V Id-n W-.14 M W-.M -. 4 4. dq 14U 0) 0) (DO F - 0h 'a -A " A 3- u 1- -A (1) -A 'J-l 4 fa "00 01 w U A 4- 14 - u Id ~ 140 'IA .14 1.0 M 01 0492 '4'1& V-. 0) 4 0) oav H w 11 AU)4H C4 H 1,4 4 C.. V V -14 '4 -H 41 4j 4.3 93 0) C3 V 10 V.W H H H H 44 U)z0 (d Q H o2 -.4 0EnUUH.0 0 -E- M z-. w oW . , R ) 03 U) ZO 13W u H .. U V U 4) 0. fll U) COi '4 14 4 0 9:- E))A W .4 -. CU) 40 V (d E )ii '4 A U) A H U M I A ) W 41 W. 14 4 4 4 A A >4 P4 AA U) 0 9 Q,0 A A 4A H A U) H U) U 4P U) U) ) UF U . U) - -1- U) u M) U) v w V V V V V V V#
Attachment 1, passage 347Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Item Description Ender sense Gross operating Other operating Total operating orating income her income 2093), Cash flow from operations Interest carges Total interest revenue expenses expenses charges Net income Preferred stock Earnings available for common stock Totar at charges on dividends videndock all bonds Item Number Public Utilities Holding Companies - Forms U-1, U5S and Amendmenta - Article OPURI (Continued) E-36 TUTURE TAGGING YOR IXHIBIT: PINANCIAL DATA SCHEDULES «TOTAL-CAPITALIZATION -AND- LIABILITIES> .... «GROSS-OPERATING - REVENUE> < OTHER-OPERATING - EXPENSES› «TOTAL-OPERATING - EXPENSES>.. ‹INCOME - BEFORE - INTEREST - EXPENSE> < INCOME - TAX - EXPENSE› <OPERATING - INCOME - LOSS> «TOTAL - INTEREST - EXPENSE> «PREFERRED-STOCK-DIVIDENDS> «EARNINGS - AVAILABLE - FOR - COMMON> «COMMON-STOCK-DIVIDENDS> «TOTAL - INTEREST - ON - BONDS> « OTHER - INCOME - NET> «CASH-FLOW-OPERATIONS> (Continued) «NET - INCOME> April 1993 Tag Capital surplus, paid in Total common stockholders Preferred stock subject to mandatory redemption Item Description Total assets Common stock Retained earnings Preferred stock not subject to mandatory Long term debt, net Portion debt - current Preferred stock-- current Obligations under capital Leases: es ment poton Short term notes equity redemption Notes payable Commercial paper obligations portion •leases ... Item Number B-35 FUTURE TAGGING YOR EXHIBIT: FINANCIAL DATA SCHKDULES «TOTAL - COMMON - STOCKHOLDERS - EQUITY> «MANDATORILY - REDEEMABLE - PREFERRED> «CAPITAL-SURPLUS - PAID-IN> (Continued) «TOTAL - ASSETS> «RETAINED - EARNINGS> <LONG - TERM-DEBT - NET> < LONG - TERM-NOTES - PAYABLE› «COMMERCIAL - PAPER- OBLIGATIONS> «LONG-TERM-DEBT -CURRENT - PORTION> «OTHER- ITEMS -CAPITAL-AND- LIABILITIES> «PREFERRED-STOCK - CURRENT> «CAPITAL-LEASE-OBLIGATIONS› ‹SHORT - TERM- NOTES> «COMMON> «PREFERRED> «LEASES - CURRENT› April 1993 Tag#
Attachment 1, passage 34818880 Federal Register / Vol. EXCEPT FOR VALUE MUST BE. incomangora for al2 document MUST BE FIRST TAG FOLLOWING Comment field for document «TABLE> SECTIONS, TEXT MUST BE value indicates the type of sX Value must be Indicates that this schedule is restated and is to replace Required for coregistrant Identifies Required for coregistrant Identifies Required it subsidiaries are Identifies subsidiary name Identifies subsidiary number Identifies units of data. financial data. DEFAULT IS US coregistrant CIK. coregistrant name. Identifies currency of Item Description ‹DOCUMENT>. Start doc. text. <- 8O COLUMNS. "EX-27". schedule. "OPUR2" . filings. filings. identified DEFAULT IS 1. DOLLARS. Public Utilities Holding Companies - Porm T-13-60 Article OPURZ E - 38 FUTURE TAGGING POR BXHIBIT: FINANCIAL DATA SCHEDULES Item Number OPT RWA RWA RWA RWA RWA RWA RHA RWA (Continued) «DOCUMENT> «DESCRIPTION> Tag «TYPE> «TEXT> CARTICLE> «RESTATED> «SUBSIDIARY> «CIK> «NAME> «NAME> «NUMBER> «MULTIPLIER, «CURRENCY> April 1993 Barnings per share - primary duteds per share - fully 000000000000000000000000 Item Description E-37 FUTURE TAGGING POR BXHIBIT: FINANCIAL DATA SCHEDULES Item Number (Continued) 000xorom «EPS - PRIMARY> CEPS - DILUTED> Tag </TABLE> </TEXT> </DOCUMENT> April 1993#
Attachment 1, passage 349Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices Total current and accrued Item Description Total deferred debits Balancing amount for total assets and other -Total assets and other Total proprietary capital Total long-term debt total current and accrued Total deferred debits come eard deferred Ssociate compande so non- proprietary capital Miscellaneous income or Notes payable Total income assets debits debits loss Public 011141e Ele OUR 2 (Continued For 0-13-60 Item Number «OTHER- CURRENT-AND-ACCRUED- LIABILITIES› Balancing amount for «TOTAL-LIABILITIES-AND-PROPRIETARY -CAP> Total liabilities and E-40 FUTURE TAGGING POR EXHIBIT: PINANCIAL DATA SCHEDULES «TOTAL - CURRENT - AND - ACCRUED - ASSETS> «NOTES - PAYABLE-ASSOCIATE-COMPANIES> «TOTAL- DEFERRED- DEBITS> «TOTAL - ASSETS - AND - DEBITS› ‹TOTAL - PROPRIETARY -CAPITAL> ‹SERVICES- ASSOCIATE-COMPANIES> «SERVICES -NON- ASSOCIATE-COMPANIES> < TOTAL - LONG - TERM-DEBT> «TOTAL - DEFERRED -DEBITS> «DEFERRED - INCOME - TAX> «MISC - INCOME - OR - LOSS > (Continued) «NOTES - PAYABLE> «TOTAL - INCOME> April 1993 Tag TEXT PLACEMENT «CAPTION> AND SEE SECTION DEFAULT IS 1.0001 DATA ENDS 80 CONSTAN COUNS. BUERY BE 132 LEAST ONE <S> AND ONE -C> TAG, FILER, BUT THEY ARE INTENDED TO BE PLACED ONE LINE ABOVE THE LEADING CHARACTER IN EACH «FN> ARE OPTIONAL WITHIN A each Coles 9 3 01 9502 Identifies period end for each Item Description SECTION MUST AN EART A OF THE FILER MANUAL. COC- 31-1990. DEC-31-1991 Hen te period Ye for Identifies multiplier for financial data that yields US Booke. for each column is •PER- Net service company property OF THESE TAGS COLUMN HEADING. «TABLE› SECTION. Total investments DEC-31-1990 JAN - 01-1990 Dollars. E-39 FUTURE TAGGING FOR EXHIBIT: PINANCIAL DATA SCHEDULES Item Number RWA RWA RWA «NET - SERVICE - COMPANY - PROPERTY> ‹FISCAL - YEAR - END> (Continued) «PERIOD- START› Tag «TABLE› ‹PERIOD - END> «PERIOD - TYPE> «EXCHANGE -RATE> «TOTAL - INVESTMENTS> ‹BOOK - VALUE› April 1993#
Attachment 1, passage 35018882 ii * . 4. 144) 4. 0* 4 ii .4. 4 I.. H 4) 0~ H 4) 4 ~ o . 144 43~ 4). III 4) U). Ii Ifl * 4. 444) ~ 4 4 ii 14. 4 4 444 H 4) 0~ H 4 4). o 14. 04 I-:. a. III 14 '0 -4 S 0 I 44 01. r -4 0 u 4 00 9 94.4 A 01 Federal Register / Vol. 58, No. 67 / Friday, AprIl 9, 1993 / Notices 0 04 U) vC 14 M) 47) 4) 0 a 93 .14 W4.4 -.4 -4 .0 4 .4 4 nU I- a 0 4 W -a.E QH 0..n U4 Id 41 41 4,Ufd a)0 14 1 4 .014 0 * u0 $.4A 4 0 m' 41-4 4-- z4 -.4 -41 14 " H4Cq 44 ~44. r4 0 A.. H H mlIH 144 0 M t 41 "4 4 M 4t 14 44...H 1 - -I LI L) 44 4j A - 0.P' s.O0 4 0J~ 0)- 44 .4 H H H H H %4 M 44 m 4 0)-4 r'4 C4) A v "14. 4 )0 W' P Hw 4 .41 W. H 94 H iU) E 4 4 444 4 4 4) 4) g~ ~ 4~ 4~ 4) 4) A A A 4 A U) H v V V V v v v -4A 0 4.4 4) 44 VU 14 4-) 0 14 4) - U 0 14 V9 4) 'f 4) 44 -. $ 4 4)0 :34 0 .0 0 0) 0 - 41 4 ) $4 4J Id ~ ~ ~ 4 4)4 ) 4)0W r m ) P 0 V~~ 0)4 4)j-H4 4 E-I ) 4)4 ) -)4 4)4.4 93 H. 4 .1 4 ) 4j 4M4) 4. 14))g i ( ) 0 0 ) 0 00 0 0v 4 A A U) 4I. 0 U) 0 A I1 A U) Uj) U) Z A raP P U) U) A W A vv v#
Attachment 1, passage 351Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18883 I,. WA w0 m) : M 94 0 U H 0 4. 0 93 0 ,3 v H N Hv 'U' '44 Ch 1460 44.- '44 ago W H . 4)4oa '4U-H 0 m m '' 4.40 d)H 0 Vo. 4-) A u 0U OH • 4.4 ,- .H° 4 0-'4 4.4 0 $4r a) -ri U) 4j 020' H H 4) V H "-4 CU '44. 4-' .'o 'u. . )' . ,0 01 VH O vC O' ZA 0 "- 4 H . E A H0 A W v 18884 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices V r 41( 3 0.1> .14U 0 44-w.4 0 4 ."100 V P4Int 0 (d0 V-r -A 0Ow 0 .4 0 C 0 w 4U -M 4 16.4J4 6 "1 a 0 ) 0 UA 4 .,I io 43 0 4 0 4 0% 4j 1A 144 0 -1 C 0 44 1., 61~ 90044 H 4 4j w0 93 101 4j > C00 .H~ 09U 4) .4 I).46d41 fl0) - H z eC 4b 0 61 .0 = -0 600 0 V mU go k 4 a pn a 010040.. 44 4. U 0060 4 .4 Id 44 0 C 14 4 H41 4 0 .0 06 06%4 46 0 I44 r(4I4 3.~ ~6 00 4 06- .. 4; 11 14 %. 4 P.-~ 4 0 U4444 6 44A $4 I4.r 6,.aO 00 0 6 .0.0 0. * r -I 11 10 4 'A 0 ,4 h 10 4 a40 1 1-4#
Attachment 1, passage 352a1 0 21 .0 ii '0 14 0 .00 I1 03u 14 0 a 0 .4 0 .4 -. 64 o .14 00 U Federal. Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18885 0m '-41 .- .4 16 0 I i. DA Nf. V 41 0 % 4 .4 -M 0.0 (14 .10 . 414 0 0. .4 .4 $4 V0 0 Lio 'i 0.4 &j v. 14 A u m i U U O .44 01 u goo 0-0 eu .16 'U - . H 14 0 I 0 M O3 tn ON IJ 41 C4 u m 0 .4 "4 0 O4 Im 14 U "0 .4 .1 a.I "414 V 00 44 *0 6O Vii M14 '0 m0l a.: .4, ii . .4l Nl 63 'a '4 '0 Id) U .4 0 16 a a 0 4 14 AJ 1k 14 01 .4 U i 1412 P0 a0 6 A .1.4 416 Li 01. 0 0 m A di m 14 1 Li >so 160 1634 -4 ug No d~ 0 0 U >8 M3 -A#
Attachment 1, passage 35318886 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 44 4) mo.1 4) r4, < - 0) 0-, 4 C-,e 0 . -1 4 ,- 0 r0% 4) M CDM 4J - -,.4 :* >, mUR 4) ' %4 4J O i--1, 0'.4'0 4 M0 06flw ) '1414 .t,- ,0 4)0 0 -0 a4) In m .09) -44) U m %- .0 M -a,*13 t0 C4 0,0a 0 mcO 0) 0 (1 4.40 -1t Urn "*" Ui~- 04) -O W J-.-4 4) .. '4 0 * o.- u 4).4 -I 001Jgt 4) -.- 1 UJ " 0 04 ,C.- .4 4 a 00-4 WI . 0 0 4) 4 0. m : 4 4 a40 .4 0 - "F4001)-am 44 0 U) . - 4 .)0 (.04 ) En ) '0Ore 0:; % , 44 4>,a W 'W 000 0 &I 0.-I-n Mg1 m '-1 ; ' j0 9 4 ,, >6 En 0 0 L,- a, g. o g J 4)-O0 . . 1 14)4)4 OU14r m0 140 4) . & O .1 0 0 A n 014 >II I 04 .)0 ', a 0 0 u) m0 00 0 U 8;1: w S-4 .0 MA 0- 4) 01.0 H M 044 0U 04) '14 U 0 Uo4) 10 0 0 W '14-,-) 4)4 P. m- 4)0 .4) -4 ,.4 -. 4 0 s -41 m 0 14 4) 4) 4) -4-4~ '14 4) -4 -40 a ) 4) 41 0 0 -A 4) 4) .- I0 4) 04) 01 4) 4 1o 4)1 .-- .0., 0 OW W to . 4t a) I- '4),4 - 4) -4 I,- 4) -.4 04 $10 4m W141J44 4 0414 M - 4)k -4 1. 44 M '0 V- 4 0 a 0 04)414 4 4o H. 0 M 01 LO .0 " E 04 .04 4.)4)n 00 u00 41 -A H: -,- I~U 4) 0 N -.4 a 0 4)> 01 4) 00 04 C .0 4 -.4 - -.44 g OO 0a-. o 0 ,-- 4) 0 4) -)1 0) 00 0 '1 4) -44) ." 4) 0 14 , "-)14 4)4) 4) 4)A M0 r. : .4j .04) m4JM. 0 10.0 T) 0 14 : U 90 CM 4 0-A 00-,,,o 14m 0 .4 - 00 g ) 0 4) e 0U 1 4)0 '0 00 0C-4 W M '.00 .' - m- 144 P1 * ,4 -J.-. O 4H-0-4) M40 1.H 001tW"a 4)0 a. 14 -. 0 -M g 0 - *'-. " 0-4 %44 4) 4 V1Id 4 $-4-4 0 0 M J0 m401 0 .W 0-1 4 0.00a0 H 1 k) '-I40-44 .0 4 4)14-d4).0 U1- 0.4) 04)4-404)0 4) - 0 0-4 a)0 00 0 4) 0 140140 4)6 -4 0 W r4 ) -,4 -- 1 U 44140 0 0 -.- 4- ,, ,-4 '4 4) U 1,.0 40 -H. 0. 4) Z ) (d 0 0 00 m .- rq -4. U 0 d0 -. - - ) -4 w) A 04(DH 4 44) .4 . .. 0.4 0 C4) 0 ,4) N '0 4)40 04)40 * -)0 I.-1 .4)0 .-I04) q 04C-tI 01 0 .4 ,3 4W 4 .40 14 4)- 4)4 0 041 qQ m-.44 .9 m 0 4) 43 00rdW0 'j 0>4 "" 0 )04)-1A 0440 4j ) 4) fi0 4 0 934 0)1' 41 a H-0 d)I J4). " )) 4) 0 Z. q34)A04) :3 .) -H4-4-9d 4) 4) ~0 U U "0 4) U 4) 4) 4-4 0 14) O 4) ,a 01 4. '0 01 4)4 4) 4 -4 0 4).1 W-4 -4 $4 W 0 m0. 14.4) 4)0 1 (A 4 4) 0 1. o e 41 0 .4j (d 0 0. -4 4 40 '0 0 4) 4 4) 0 0 1,4 .0 0 0. -4 4) 4j0 4) 01 ,0 -4 -44 a0 toU .44) 04)W 4 0 4)0 44 4) A. 4 o4 140j M4#
Attachment 1, passage 354Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18887 electronic bulletin They may also request retura copies of their {ilings by U.8. Mail at their option and expense. PART IV - ACCOUNT INFORMATION (To be completed by 21lere and This section identifies the individual who should receive account U.S. Securities and Exchange Commission information will be used by the SBC to facilitate electronic information and/or billing invoices from the SBC. PART V - SIGNATURB (To be completed by all applicants) Operations Center, stop 0-7 Manually sign and date this form and return it to: Piler Support, EDGAR 6432 General Green Way Alexandria, VA 22312 {iling agente only). processing of fee paymenta and billings. by segular D.8. Mail. Atta: Only one box may be Indicate whether you vill be sending electronic subissiona as a It you do not already have access codes, please mark the "Initial Il you already nave access codes, please provide your CIK in the PART I • APPLICANT INPORMATION (To be completed by a11 which vill be sending only test filinge in conjunction with Apply and bete al der appicabe tema ta Parte 11 upper left corner and mark the boxea to indicate the reason for should complete Part V - Signature and those Items in Parta II information on Form ID may be made electronically vin EDGAR. See or training the amendment and any access codes you vant to replace. through IV which have changed from the previous application. Changes to access codes (except the PMAC) and most other PART II - PILER INFORMATION (To be completed by {ilers only) PART III. SOBACanE TORNATION (To De completed by all lan firm, or Phone benale an lectronic Aling 1 mader to include their country of organization. applicanta) the BDGAR Piler Manual for detalls. filing agent, financial printer, training other persons. required for Individuale: through V.#
Attachment 1, passage 35518888 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices provided that pursuant 232.202 the date on which the (Name) / (Title) It also may be used for the submission of any This form shall be used by an electronic filer for the Requirements applicable to electronic submission Eilinge Made by Person Other Than the Registrant: After reasonable inquiry and to the best of my knowledge and belief, I certify on , 19 _, that the information set By: GENERAL INSTRUCTIONS TO FORM SE sonia de, Ay Ro T Company act Of 50 i sul monte Securities Attention is directed to the General Rules and dubmited in paper tote copies of the form and exhibito shall be B. The Form SE shall be Bubmitted in the following manner: to Rule 201 or Rule 202 of Regulation S-T (55232.201 and Exchange Act of 1934, the Trust Indenture Act of 1939, the exemption, or any other document tiled in paper ng ta doep hazdes exemption), a allowed by Rupe 311 of Regulation 5.7. Repel PEn 17 T9: 2 Sor Bar chapter une 3040% forth in this statenent is true and complete. Regusations under the Secursedes act of 39331 II. Preparation and filing of the Form Use of Form SE I. March 31, 1995 SEC file number, if available (Registrant) (Name and Title) OMB APPROVAL Registrant CIX Number OMB Number: 3235-0327 The Registrant has duly caused this form to be eigned on its PORN 88 PORN POR SUBMISSION OF PAPER FORMAT EXHIBITS BY ELECTRONIC FILERS Nate Order than the Region ent SIGNATURES behalf by the undersigned, thereunto duly authorized, in the City State of _ By: Biectronic report, schedule or registration statement of which the documents are a part (give Filings Made By the Registrant: , 19—• Bxact name of registrant as specified in charter period of report) of#
Attachment 1, passage 356Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18889 BBEDIC 6250 bpi March 31, 1995 OMB APPROVAL hours per response .... 0.25 OMB Number: • 3235-0329 Batimated average burden Ехрітев: PORK IT TRANSHITTAL TORH FOR ELBCTRONIC PORKAT DOCUXENTS UNDER THE EDGAR SYSTEM (Read the instructions before completing the fellowing iteme Peeken elot taped the event of problems regarding the Telephone Number (including Area Code) ( ) ASCII 1600 bpi Number of diskette (8) or tape (8) in package 1. CIK of Sender of diskette (B) or tape (B) 2. Name of Sender of diskette (8) or tape (B) Volume ID on internal label: PART I - SUBMISSION INFORMATION Name PART II - MAGNETIC TAPES a. Language: b. Dengity: 3. 4. 1. 2. If a paper documert Attach any paper electronic format document to which it relates but Any requirements as to delivery oI nay be filed up to six busineas days prior to, or on the date of The registrant, or person other than the registrant, Hast be safarid May requiremen as alves to De furnishing the information to persons other than the Connission ormat exhibit and an exhibit index as required by Item 601 of D. One copy of the form shall be manually signed by each on whose behalf the form is submitted or by an authorized If the form is signed by the authorized representative of a person (other than an executive officer or Po added on vete what per may be corporated that B. If the form is gubmitted in connection with a temporary mandalip memption, signatures may be 'in typed form rather than shall not be filed after such filing date. hall not be affected by this Instruction. shall identify the documents being filed. Regulation S-K ($229.601 of this chapter). tiling of, the representative.#
Attachment 1, passage 35718890 Federal Register / Vol 58, No. 67 Friday, , 1993 / Notices The Commission wi11 assume bold letters on the envelope or each submisgion must be contains only those files intended to be sent. If more than one diskette or magnetic tape ie used, their order of processing should be indicated on the external label of each diskette or magnetic tape, s.g.. BDGAR DISKETTE Or BDGAR MAGNETIC TAPE, &6 More than one submission may be sent on a diskette or that each file on a diskette or magnetic tape contains a separate submission and vill tranafer all such files processing fordikette muat be in the same word magnetic tape to the Commission to ensure that it Plea he here or gade athe exterzal To expedite processing of diskettes or magnetic tapes, from the diskette (B) or magnetic tape (8) to the EDGAR The CIK and Name of Sender requested in Part I should Po Che Commiesiot the diskette (B) or magnetie tape (B) The contact person identified in Part I should be the be that of the filer or filing agent, whichever • person who can respond to technical questions concerning the electronic preparation of the of the various electronic tomas to be tried on diskette or each magnetic tape: were reac diskette (B) or magnetic tape (B). contained in a single. 1 of 3; 2 of 3, etc. please write carton: appropriate. Preparation of Porm aysten. Signatures B. c. D. 4. Bigh Double Double Word Processing Print Image (ASCII) FORM BT GENERAL INSTRUCTIONS One copy of this form shall accompany all diskette or Diskettes or magnetic tapes, regardless of the manner of single 3. Word Processing data (See the EDGAR Filer Manual for single If In word processing format, please provide: Hardware on which the diskette was prepared: 2. Preparation of Diakette 0I Magpetic Tape Submissions contains informal on and procedure for electronic 1thig. Name of word processing software: - Version of word processing software: acceptable formata) : PART III - DISKETTES Model Number: Operating system: • 2. Rule as to Use of Porn IT magnetic tape submissions. delivery, should be addressed: 2. Bides: 2. _ Density: Format: Brand:#
Attachment 1, passage 358Federal Register / Vol. 58, No. • 67 / Friday, April 9, 1993 / Notices SEC file number, if available OMB APPROVAL Bapinated average burden 95 hours per response .... 0.15 OMB Number: Pending U.S. Securities and Bxchange Commission Washington, D.C. 20549 FORM TH NOTIFICATION OP REUZANCE TEMPORARY HARDSHIP EXEMPTION 1. technical don cutes experienced ye ee troporary Mant orner chan the Rest Donine Street and Number, City, State and Zip Code Address of Principal Executive Office Part II - . Infornation relating to the hardship Furnish the following information: Part I -• Registrant Information Full Name of Registrant require tape acco come conner orients required to be manually eigned shall be in typed form. See Rule 302 of 5. application of General Jules and Regulationa Regulation S-T ($232.302 of thís chapter). requirements. regulations.#
Attachment 1, passage 35918892 Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices ,Us IJ ,,. ,,,, o . ,*S 41 14D 9.9 0- 1.4. 1 0 l400 4 go 04 40. _ ,4 , 1 0043 U4 0 " " au 01 4 4 4 r4 FAA1 *461 -616141 me a a u 4 0 0.111 0 tb -A:P 41t 0s.40 *.H Ia r4 61 M - - 0.: 0-14 S.-~ A w 43 A6 .04 .-46 0 WU4 041 A g 1 & to .4 1" 4. 61 4 4 0 4 T >4 .4.- 04 43f 0.40 .414 611#
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(00( :10(0:1;S-H -, m. -H4 3 w-' A0.n 04m 000 0'43J44(a)'04(0 M -H .0 44 a .- H u A . 000 4 H 0 >1 41 -4 Zd (0 Wr-H 0.04" 0 -,1 0(m 0 r:(4 W (0 M14-H4 >0 k.0(0I m4: '0 M 00(434 4J -. 441 44 X- (0> (403 0-1 0 (4 430 E-00 0 (0 - 0 4 aD a) (0 r. -H(0m 0.1 a M (0 S4r(0 0 0 a)0043 P r wU 0 (D4-mmH': 1 wd.14 0.(0 .0 0a)( (4 00 .30 - 14 1 E.. 4 -Hl m0( (0 01 M (000 -H- 0 A1 '0 w-H Ii0 w0 04"4A0-Aa 0 (00 0 4 0 0. 0www " 0-H(4 (44m3 1-. Aj -0 1 H 0. 434 (04 H w u :-4 W0 O -H ( 0 A. 00(0;) M01 w ( 0 4300 .0H 0.10 '0 0 J 4.4 -0 U0m> 00v 0 0 00. W (044 01 (0 (40' (03 O 0 (0-I (04 U 0-H 44 043two0 v00 (00 V 01> (00. 4 U0-' 0 CO (0n 0(0 W 0 0 0(4 w r 0 (0 0- (0' 0 9 0O0m1A, (4 0(0 >. 0 :1H. -40-H -H-0 0.-H.. Id(0 4 H-I a 0r, (0- M 34-4 -H -100 Li-04 Ooi ) 04H .0 U. 44 -OL -H0(0.4(> 0.0 .- I a) 0' 1 -00-HO 0(0 0444 00 '030 (0- r: (40 440 - -H 440 -H 44-H>. 00 4300 0H.u.-I (0~~ 4.- L) ( 0(0 0j 0) 0) (0 x 0 (430 01004- 41d' (00 v . U 0 4) C . (1010 44(0 Ua (41 r. U (0( (00 0 ;-43 .0(W(04 C 3( m ~ 4.0M E- .' 0) ' 0 C (4 %4(0'0 H W P(4 0u00. 0 (.0 0 0 1 'j r -H W) (0 . 0 00(4-H m0(0 '00G) 0 43 0-H 40444 - . i 0)4 T U)4 d H0 44 01 43 ' a',40' >'( (0(- -4 -4 :- .. 0 -H >' 0 0 (is .. > 0 '0 a,(0 -H ' MW 0 44 M -1 M" 4 4(-H - 0 0 J' D MW 0 40'0 0W h- 3 A -. w w -1 0 .4I H 0 -44 r 0. ' 0 H43 -1 a (( ( JW r. a 0430 ( 4 0 0"L 1 0.0430#
Attachment 1, passage 362Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18895 April 1993 Suspended If the submitter or filer the name of a the acceptance and suspension (See Section 4.6 An end tag appears nearly the same as a begin @LOBBARY O7 COMMONLY UBED TERMB, ACRONYAS, AND ABBRIVIATIONS BUSPENDED PILING: EDGAR filings that have not successfully passed acceptance review are placed in a holding category until rings, it not corrected, cre deleted after six business days. electronic submission has not met the minimum filing reguirements messages are shot and electrone messages are ast set to li Tag is an identifier that labels specific information to Tags are designated by placing angle brackets on either Mail addresses that follow the <NOTIFY> tag in the submission tag, but is distinguished by its use of the "/" (virgule/slash) example, the beginning and end of a table would be signified by absty to create an oR deceptable for contre G-5 SUSPENSION MESSAGE: Notification from the SEC that the immediately following the opening angle bracket (<). checked by the EDGAR system. the filer by acceptance or suspension messages. USER ID: synonym for E-Mail address. have EDGAR Compuserve accounts, Continued April 1993#
Attachment 1, passage 36318896 L a m r (-0 W 1 0 0j .0 ,.0-H. C 430 .0-H tom r,-4 m. 0 C1 000F -1 On M4J 4 34 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices r 0) 0 .C H ' 0)- a) -43 0) a P 4eC 0- 04C 0) 'n C 03 0)C W > C3 34 CS,0 O)C 0w4 5 4 .- H0 43 0t 0)0 :04 4J V : CC :-'4 r'43 >'--' 1W W M)2E! '4443 0)( 0 0:r C) C 44 -- 4 04 (A 0 03 0 0-4H 043P 0 m a)(J0) r.WO'a a 0 043ja 0CWWm'C 0 V 1 '-4 r 0 V (a 0) - vU 'a0)to-.-- C 43 N-d 'U 0 IdSM 143Va' -CaOO 'U1. .-- 4W-40w)-1 0. 0m CIr.> 01 0H 43 mW M H "M4--H M0).A 43 a) M 43 V'0 r,'.C-4 DI9M ) 0 43 0' H4 C- -H a .1.0 0 C M 0-- WHO w -H0 -HO.w 43 0 0'4 P4 WV' 43 o MC4 104 C43) w0 0043-.4 MWa)-t-.4 PI . 04 43 " A0 0 0)4 vW V P00)to43 'US m CO 0 t0: '44 0 to)0.) e0Cm 043) a)W4vO-H.1 .43M WCV 0 0 w w43M P VVH .0 WHr Ow -H 04V A . >1 4. > P.0 0'44 W 4390 0 4-4 U -H-4 0)M444 W0 C---4 '44 0. w) HCWOC 0.'.40E M0" aW.0 0 W P4V D WO.V 4 4 '4 A) W4 C: -0-4-H H4J 0mN-H C I 0'0 M50V OW0)C0943 C OH- -4m 0p--4W 0 M ) 00 V - '-4CWO091'W4 VV0V 0C0)CCC S W W 434---H m W 43 43 44 C -1'- 01 M 43 M M m M HO M )0 0w0 0 0 0'0'C %1.0.00m.0.0 a M W0) A)40)0)0 M M4 R0 0 ' 0' 4 M4 M 43 'U z 0 0a -043 fu 43 --40 -H 1 U1 04 "1'- M.- 04 0 WV 0)0 C 'U W C 14-40 W ,'4 1"o 43-oS VMV-H W 0)00 0)00 m v '0 V I..C tW WO u :0 M.H X) 0) 43 40 C0 C H 0)w431 Oj 0 C0V 0H tn 0 W 443 'U0) 0. 0 0.- 43 W0W0.0 '0 (1-) - u-,., r '-4) HI ,.I '- U.r s 01 sO0C 0)-0- 0) -' 0) .4 VH 0a)2 R41 .00)00 43V 0' 4- 0) ON1 03 M 0)4J T 0.-) 4 44C 4a 0 0 4-4(00M -4 WV W 'C -i to 00 0.0r 0 M M0)0 0 0'" 4JC 0)H MV 0J4 0 CA- 0- M 0) E V ) CVW to)) 4 3 104P0) C'00. , - r'0 0) M OV M0C)0 (a m,' I w R '00( CV 0C C4 435 0C M 0)0)-H 0 01 9) -V 0 VM 4W r.4 -_ -4 43U 0'H 2 Ua4 I -H 4J 0 43 ) 4 0.0w 4) '00)-43- ) 043 C 0M-r:4- 0.0J 01 0) 4 s4 0 W. 0 CP3 0 'U .0 0 0 r- 4) )4 r- 0W 0) HJ V 04 3 (a0 Ca 0) 440 0)0C -4 0)4.0t V50. 0)0 4JV 00 MV -H -r40)'-;to H. 0 0>.Vr4a C3 WV C 43> 0C. 0 j W JU .0 'H '-4 0 '4- 0 430 V CI4 0) Cr 41 c~ s)r CQH 0 C 0 w .11 W -4' 4430 .0 ClOW--I 0 0 >.C r 44 440)0)M H M4 00WW.$ '-4 4M 0 ) H4 0 43.430) 0) 0 ma 4j-4 0 ro 0 0 En-4 oV 41,) 04 W-H) 0. A. W. 04 - .4 m 0 0 .-- H O4 M. O o43o 0 04 -,I 0 0 -IC 4 HA4 4C 0 0)HC 0 0 ) r'--4 0 •j ,k ) 00 P. C4 V -H .0 H r, V H3- V OA 0) 00)W (n300 --- r.H 00. • ;4 U -1" 0)-H 4J C -144 C 0 0 43 U0)340 0-H1 0 0) 0 O 0-.1:14 - 43 0-'I 43 -HO 0) Cw) 0) M4-,4. H ..A 00)04 r 3 014 >0 0 1 0OC 0 N H- M*A'C-H O4P 0)N 0) P- 04 H. 0 ) P 0)N O4 0) 0 0.00M4V w443 40) t 1-4 ) 4 ; 4; 4 tO 4 04 0 0) M.0 0)43 4 043 0) a0) 00 H u 0 U mw '0 4 0(0 141.V 1 4 r 43 '0) -H ) 04 H43 C)40 0)'-4 0)0 ta Ia)0 -- 40) 'I 0.14 0) 4H 0) Hm ,a H r. 14 14 . 0 43 (a 4JU ' o ) W 004 1 AC , 0) 0 %4 La .03:1 V01 ) rI0) P m ) 0 10V Pk L Q ." U)0 Ca 0 H)k 0 -H w0 0 0.-H0) 0 F HW> 0 U U 4) CP - 0) -- V 4 H0) 1 (a 13,-0 C- 0 1 CH0 a 0Mm0 4 '-4 44 4 0 - U k4 0)4 4 )k Z N 0 VVV-4- MS4 (02 H 550)~ 00 HZI Z 0 0 O A X 44 z 4 - 0 044"04MC-H0 T X 2 1 W4 .00)0)0 0OW9H 0 MOHHH a)-0A H 0 0)0HHxHOS0W b4M H 0200)W 0 UrCA0 NOQ H 0)0 W.0H43Z HgU 2 H U05.30 20) 4 N ON A0.0..0HW0Z)(19 W 0 1- 6Z W NCIX ( 02)0044 C 0Z H a XX 040MH O0 C' NQ uUEn 4l H0 00w 2: 00-H IX P 0'.4 HJ3OV 2 HIWW )wr ( N m 20 ~ ~~ HHXI0) 04 U)NO#
Attachment 1, passage 364Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18897 0 go 48 4-10 01 0 '0 A6 01 * 484 0 0 a ' Uj O 0 E4.860 0 '. 40 :5 .15 O 4 J.4 4J41 14 0V0 80Jo.i S .4" a 0.0 0 ' (A' 6 W14)o 0 4 1 . 4 o o 1 o. s - I . O P 41: 1 V4 4V C .44 V 0 "4 'a 0 g C em A 0 oe .4 .4 0 o 0 0 0 "0 0 - o 4 0.4 0 6 . 0, .o - ~ .46'0 1 .A U400 :3 4 C C .€W " .0 0 E-4 . 48o 1 hI 4 Me1 o.I 8 ON 40 A 0, d04 $40 1 0 of 0 o14 140 1. 4J1 k 4 A C 1A 0 06 . 14 0 4 4 0 4 m 04. 0 145 V 1 4 WX40. 21 o-oE O 08 "4 V4 614 4)A 0 6. .0' 0 04 d r8 0 0 . 0 018 v '0 60544' ooua 480 P 4 0 6A0 M 4w C 54 kA 464 0 048 A 4j 9 V ' 010. 05 4.410 . 3.. .0 00 .4 %4 00 4 4 0 - r 0 -'O '0 v 140 - o 0 .34 0 o • ,: 46 .0 0 0 040 0 a. to. a .O. 'ON 3 o 6 6 4 %4 010 0 k 44 40%400 0 0 00 .4 0. C 4 A r 0 4 0 54. k '0 0 W- 0 .4 M00 0 - - 08. 6 6 .14 0, a. -4 000. 0 VO a) 0A go r6. 8 0 j .0 W1.. V V>. 6 A' 4 . 0o - r0 06 C 41 4o ' o0 48 $4 en 06 .4 $4 40 0.-. -A 00.08'a444 4, 3 0 .054 . 44"a 66 0.4 A -. 4 4 46 . r. 608.404 .41 .4 .I r0 . Iola 0. 44 V0 0 31 (a 9 -15.k 0 04 04 .6( 0. FA 6 0%-.4 %4- .0 048 00, 04 0.. "- 0M 04'0 13%4 ,4- C4J 0 ,0 0 6 400 .40 010 %4 0 60 010 0 a .4 4 ",A40-4 1 e 4J)0 -M .'q 0, go 0 " 1: Ha to • af r aG 8 .5 -4 04 0 0 1 4 4. . m 4 a , 0C- 0 54V M4 U 0 4 4.4 0 5 140 O a: t I4 A 0"4 -0 6.4 6 0 .0 M 4V 01 .40 M .4 V "1,' 068 V 54 0 .4"464) 0 .44 jA0 &4IA 4). 0 4 W .04 8 0 V 41 14 M M~ 0 0 r 4 4.a4. g8: 464 A'0MV0 .410 0 V '0 to0 0 4jt 54 -0 1.A '.4 .0 k .$484. -0 40 0 I 4 S U 4- -' .0 8. 0 40 54 0 -i -4 >, W4 0 0 480 1 0 I0 C0. IdF , I-"0 0Cm 0Vi 54 0814 0 4 00 V- 054#. o '0 6 V44 0.40a,6 00. 48 0 e .4 V 010-0 -40 6' 6q.4 m M.4.0AI0 9 P 40'5.0 1 0 14 '0M8 6 0 1 6.41 '0 w4 .0.04 4 Id.m0. 4 0 0 54 r'.0 .450 04 U 08t 0 54 1 045448 0 Ak . .04 0.4 A 26 64 1 0 to48 . 44 060 0 43 I4 40 0' 40 0 0 k WA041 to t0 u 6 54 048 0 0546 0 054 480 0 44 4.3' X P( . A'0 540 .0 vvv 1440N. 0848-0% x 0).4 ~00-A: ... AW :, t 48~ - v r. - 0080. 0 4 4J 0 :3,64 5 4 4 C a0~ 31 0 P =0 0 0 1 80. '0 0 q& 0 r0.4r). 44 u' 0. 6 48 00.4 0.00 0 4) C00.C4 C0 0) 0 '0 0 48 '0 54 A44 000 4 0 .4 08 '-j 0 '0 A$4 W 0 08 00 V0 C04 .4) .448.4 0 V 0 000' t 00 40 V 'aU 046' 46 00, ' 6 4814 084o 0'r% 0 .4'9 001(0 .44 54 0 4 a 854.0'0 >M08 I .4 06 * 0.4 V84. '095 C.0 .. 41 60I 0)000.4 0 0 6481 34 0 X* 448o .4 .4 ON. 6f ( 48.14 0048 "40r 00 V0~4 0 %4 08' 48 A .460 0. 04 Ora' Vn C.00 j o .64. 0 .0t 4 0 4048.0 044840 . 48g008.. 106 to ~ ~ I r4 6 54 T.4 0 0.44 0. 0M 0 4 66 0 10."q40 0 0 0 V4 600 FA OOO 14 M 63 14M 08H .4 60.1 6.4 - 00 0404 04 0 - 4 0 40 0 V M ..-4 444 084 0 .4 68 is8 . 4 1 , C- . 00 a' . P40 0qA 0 '00.-444 084.8-00 g4 - S H2 0 h. .~410 U 04 t 4 In5.4( - t34 0 m E4m4~ 0 " .14 V 'A 16540 00. 0000486.40 1u0-Am540 u 64460 00Q. 0 066 0.6: 140 49 .4 0 00 (a 11 'q 6.401 m o'IVA 5..4 6.0#
Attachment 1, passage 36518898 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices W 4 to68 (a (A In o o(8 t a to in AW -$1 ~ 4444 14 14814 4 14 4 W 4 $4 4 V1 'J 4 44 t 416 . 416 -. 416V 4440 so 10 000 U U t 000 A. 'a4 0 A Sp .4 .4 (4 $44 A4 'A- V oooHMOU 4 fau ooU00 $ 40 w to 00000 000 CoOvif 8 to ON 4 14 0 N~ 0 - vvv.H- m mN m N .N4 VD 4 Ci 4 .0 0 -4 >00 0 O' , 0 00 0 00 90 00 C1 V VJ.- 9 4'4 V V V V V V 44.J V2. V V 0,AV V 4.4 4146 *oi 09.U 011 go ek in 00 0 tn 0 0 44.1 > a In 6 al 4 0 0 8 U- to N r. en 0 0o ,-o C- e4 n 0 .0 r.. -- In 0 'a.0 6 N 0al 00 O 02 .0 0 C0 64 Pi 4 mI~ m4 z 4 P 0 N0 11z l-I IO U z 01 A A.. I4i 0 P H I H 0 I - A AO z A4 H4 AA A Ai A8 Ato op~~~~~ A HMMA AA 344A t Mi ~ A A HNA A AI VVVVVVRVVVV v v (12W E 44.. . E.4 414 ~ 1.~ 4.4 4 4 4 V 0 V V V.4 .4 .4 .4 41 416 V '0 F 0 4 w so41 44 04 414 Im a * .. a .01 4 $40 eo 0 004 Me O~ 3 ON .4 OM MN4 0 14 4 (A2 u N~ '0 0.41-0 00~ 41R H 14) 00 14 %4 0 In r- 6 W MN AlO Otr 41 (1: m Y N 0t 411 1 0% V . 0. 41 P1 044 4 4 4 4 1 1 1 1 -l.#
Attachment 1, passage 366*0 AI *S i 66l 0' 0-4 000 0 4 O 001 N 4J' -r.4 Q4 44. O" .ego .14 0914 00 04 'a. 0-41 0 04 .41 0E -UP6 -s~ 4q04U 0, o I410. 21 #X4 '0 4-40"40 6 0 0 0ZA U4 00. -00 Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices k4 0 41 6 4j 14'C -4 '09 V44 0 -40 410 S4A 4j A0 0 M46 1 4 '44 4141 01.4 0141 0 14 , 1410 1400 0 ~41 06 .4.o0 43 041 .0.0 40. 041 k61 0 041 0 C41 0),490 0 41 g-1 ':0 M P1.0 14 '41444 M A. 41': ~41 0-4 04a -40 0 24j4 '04 4 4 401 4 1 Ma 4.. 0. , ,; '44 I441 00 A41 41 C4 -- 4%. %4 14 188N 18899 60 0' -4 1 1-1 4 0 UI 6-4 0mm144 C - 46041 A 14 41 R 4' 001 % *1443 0 .40 61 0'4 So 61- k0' a O.,.1044 I 064.1 a . .40 0 -0 041 26 v ~A 446!I 0 04 *0 00 0 0 01 .. C0 440 0 S44 0go- g 0'0. I 41 0' 4 41 4J'* 41 0' 0 01 GC€ A 6 .11 o 0 41 4k -o 041 640H at 40 1,- 444 ON 4 -2 C -500oA M4i tL IV 0-41 61- r€ -oU0 CA " v -4u A -. 0-10 6 M0 -4. 'A 0 C 0 4j6 -04J 144s 404 014 0% -4 4 860 goo4- 410 04 04 0'6. 00'04 0 Id014 0.0 I 41 M, N '01 ix1144 .4%0 0 o0 Cha 04441 g9a 00-44 0 0. 14 d A41 0.4 -4 VA 010 04 z b 0 P 'A 045 644144 14VIOHOW 04- 6 0 I 0 1%14 0 ,4 $X4 Al 41~ IV V#
Attachment 1, passage 36718900 Fedmal Reguer / VoL 58, No. 67 / Friday, April 9, 1993 / Notices 4 0- 10 V A345 'a o 04) %445 0a3 aii, 4501 0 NSOo 4V 3 U 'a I Mx tx m llz ° !0 4 34 6 U 6 '4 '4 0 0 N nm m-441 CO IO1 40 P4 6lC mvi 8, .j bi 414.f 4 04 0 14 -4 00.A z :A aa 4 9: 'a 6- M m -oo.- In 0 I n0 % aa :0 45-4o - -0 .45 ;A MH344 OMHIM 'aH 6-40 -- u4 0 41 - .x -Pu a 4 H* 100 4 M 4566 0 > v 4 in % 64 -% Ca a454Oa m I I . I 0 1 1 m 4 V 4 5400 6 . O a m 6, 45~~ ~ US '4 6 614I a 8 14 m ovi a In Ch -.4 H 0 M4 . 0 oa 041 0 o 0 s.I i 0 WAi 14 b. -4 1 m : 00 00 ,. "a 0 0.,-45 345,, I.I4 NI a 0 -. 4 V 14 3 4 w4 U r404 3-I I. DW UO 60 1 0.44 0 us .06 0 - 4w6. .41 I0 H A * ~ ~ r- IM A 104 M. m 1 -M .1 -M ,x -M . m v ,- o 0, . - ,,Map- - M 801 30 as 0 1 0 33 0 3 to H4 m e C4 m14 ' 40 11 1 1 1 l0O4.-l.4 -- -101ntooiom"A"m4""-oA "Mm mm"#
Attachment 1, passage 368Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices .4 0 M 4' 0 HU - U } , Q E- 0 a) M~ ~ 'n EU w4 0 0. U) 0 -1 r o U oE o ~ I.) 14 .4 dm 04' 1 0 M4 Z .0 P4 0• 04') w 0 " .0 - )4j 63 w U0 ' 0- P~ ) 0 to 4-4 E 0. 10 ' g-4 - N a) 0)- 1 ) ..- - a) 0 E.- 0 n 0 W to 0 0 go 0 ' U 0 4 r. 5z 4 cc Z 9 0 r 0J ,4 H 4) W 44 k 4) m A ,u U0 a 00 'I 41 .4 04 01 0 04, 0,4- 4MM* 4 ". .4.0)-. 4) 4U(a 0f Mkkv.X00 go Q) 0 a) 'O ) W - ,- 4 m- a - - 0-,- 01 ,. 0 -,. w) u ln - j 41I ,-I .Q N 4) z w w EU E 44 C 41 40 44 a)DE V r a) 0 a. 0- o0 H a) Umh m U 44 tO d CO 4J EUWr k J)g 0 00. 4' 0Z 4 04 0.- Z 0H 140.a.w140 f 0 0 U) 'U. $4 A 4-4 M HVN HA H MO t 0 >1 a% t-4 00 OD-4 00 0-4 H -' N > N m v to w r, (0 -.4 .-4 1 0M 0>C UJ E0N' ~ 'UEAD I-w I a) .4NM-4 M LO %Mr O Ch 1 'm H~ H- ) w 0 u -Ia) 4.4 0 0 ,-44 0 o0 00 o00. 18901 18901 E0V u o a) . 0. -4 414 v 0 4)0 M11 ' -H u . 00 4' .1 0 ' t0 .P 0 Z 0 ~0 W. 0 $4 0 .. 4 0U 0) M U) CA 0 0 i 0 4 - 0 I a t 4 .4 9 ( k $4 H*4W-.-Im H-4 0 -4 m '-.0)q 1u w ) W) to) to 4)4 ) 0 m O Om 010~ k~00 - 0 0 04-- 00 a)O A A) 4''-40.4' u 4) .44'a 0 Z ) k .4OU w )IA01 A m w r4 V 1 0 09 Z k o 16 a 4'° r0 14 14 OW a EU O .412 o ( $ C m0 0 . 0 0-.4 a) m ) a)w Lnq ) 14 14 C A4- a4 o1 04f H 0 0) 0- 04)~0 04 a a m N00 4M N4M MM •' 4 H0 44 0 t4 a) 0. q 0'0 0" 0.4 0. 4-4 Ca) 4 2 09 F104) a)4) -. 4U 0u0 .0 UM 0.04 r z004) 20 4 4) a) *.) o r-0 04' 0(0 '44 a o1 a 0 a 0 0) T34 U) U A. 0 9) M W r .1 W0 u4)00r .1q 44 04) m-4 u oW 1 0.- 0 w0 a)t tj 0 . M. 00 0 to U4a) 4j .4 )' o,. to 0 0 41 0 to ZU 4' (a -- 1 a) 0) 4- .0.0 0 44 0 w '4400 0 Flo 4-' U .a) C0 W11 a) U.1 (n0 00m -%.4 -4 u Uy )4 4)2 O P . a) m U 4' to 4j 0g 0.41#
Attachment 1, passage 36918902 Federal R]gister I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices w II. m fna u LU u -J O0 wu w Nwd 00 * - Cm .* v la N C LI N U A I-. A In u An ~ 0U0Ng=1- ua z O o I..n Nj W~J~N *~N *.J'~I Lu~= s u ICOv L : v VVvv v v. v v LU tA In Va A C = 0 UA I La LL I.. v 9 a LIJ N L, 4C CD Imz A Ia 0 I , W I,- US - 0 AA4 Ca aA = = U. a- v v 0 v Uj 0 zn Ca ( A C? 0 InC- 7A 4 a: A = a -X I- V V Ia o a- Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18903 a- 0 L -U 0- wt 0. 2 LU 1 r m .. C I.- x 0 z =) LUi .... a. w j L cc 2C ZD~J I- L& Li( * UJW 231- 1.-U a) O inU LU 5A - 0.20 Lu(A. 09L -1 IL x- z2 Om Co *A Co.- Co0 of 0 e- 10 Co It N 0 0. C, 10 C5 -01 %0 Coi %0 CO C 00 %0 in '0 O 10 1000. 0 LMCD 0. en N It 10 W% Cy 0. O Co A Co 0 in.- Co 4D Co I-j I 0 0. Lu N% 00 CD cc LU to (n (n C CD 0 0w z zu > u 0 0 0 U) 0 ( (n cc j- LU I-- O WI0A0 U-..J (AU 2U O.LJ 0 - Ji C 0 - LI z e Co a w C a CoIn-n0C' 44* CL 0N0 'Q - rzr,0 C *00 00. C; C 0 UL U- o 0 -j I N 0 1rl 0% 10 Co 10 It, 0 N 10 Co '0 05- '0 coo 00 0. '0 Co It 00. 0_. '0 In It C 0.4 Co, 10 Co St 10N 0. Co '0 St 050 10 QCoi Co St S! Ln 10 0 A LU K I.- _j A 0o w ar w J_ = _j - 9W A LU WWWO-' 0SI I.- -5%-- 000 z z (n cc Co 0.-V 0% r4 1.4#
Attachment 1, passage 37018904 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices total value of holdings reported"total (value) does summary ("S") records is incorrect: Change Name and Signature to be identical. Summary Record caption (value). SUMMARY_CAPTION incorteon in the Summary Record ("S") 1s Use exact Summary Record caption wording and of the following fields in the 13F-E Correct the value in the appropriate field of 133-3 SubmiSer Name and signature are air erenitter Name and Signature are INCONSISTENT SUMMARY RECORD equal expected total (value). orzorneous values in the da ca recordsing pse ement son ny caption wording and Summary caption is incorrect. H-26 PORM 13P-E SPECIAL ELECTRONIC PILING INSTRUCTIONS Continued olacement from manual. (value) inconsistent. F13 INVALID Invalid F13 Summary processing. not DESCRIPTION ERR: MSG: OF ERR: SOLUTION: DESCRIPTION OF WARNING: WRN: MSG: SOLUTION: DESCRIPTION WRN: SOLUTION: DESCRIPTION OF WARNING: MSG: WRN: MSG: SOLUTION: April 1993 Invalid in ration (value) in the data xecord Fix data in appropriate field of indicated data corument hearing of other included managers in boston do in era is norect Invalid sanger Huber (vazue) assigned. An othere or uded sangun a number it ine 1 0 3 0 0, 0E Present oF 10 13-E submiss on and l data ded as if any. Required records are either missing it o arrange the Sata and sungary Records and correct order. (See sample, this appendix.) not in the tate format should be valid and. TORM 13F-E SPECIAL ELECTRONIC PILING INSTRUCTIONE Continued WEBBAGES REPORTED BY 77E EDGAR BYBTEM TOR 138-8 PILINGS (value) number (value). I signature to invalid H-15 document header. record. Fix date. DESCRIPTION OF WARNING: SOLUTION: DESCRIPTION OF WARNING: SOLUTION: DESCRIPTION MSG: WRN: MSG: ERR: MSG: OF ERR: SOLUTION: DESCRIPTION OF ERR: SOLUTION: April 1993#
Attachment 1, passage 37101 01 14 044 "- A 04 VO E" 0 0 01- W 0 0 1010 oP Id 0.0 4~- 0 o .o101 V 0 f 14 ,1 -40 .4 bm .4 0 '0 r 9n 13 -. 14 ' 0 * .0 u 9q 0o $4 0 0 1 0 00. - . .. X 14 01 00 ,C .. v .00 V..V 0 4) ) 0 r Vo 0 -.-- 4 r4m 14 4 0 k -4 00 t ,..) 0 40 4 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0 OA 0 A ) 4)' 4 0 4 01001010 A0)01'0A0 V'W v ) 14V14 W 14'001 0 r. 94.- 0 01 -I M (d (n H 9 .- 1 IQ 01 90.±d01 C k~ A A U 0 01 H4 Z0100. A (a 14 -AE 0 w0~Z 14 -,- r:H IE o V :40E- 00 0 V 001 16 :& -4 04)0 0 >0 0 4) z- m 01014) 0 u U 14 4 . 0 (a 0 v 0 01 v . . 0 0 .0 0 0 0 0111.40 E14 00 0 U) a 0 4 0 0 0 11 P k u .. 0 01 0 H 20 R 0 HH 0 14 H o34 0 o.4 o4 to 3: w 0 ' - A I V4 4 1~H01 H H 10 C)>0kd 01U 0 m 010 20 . (a 0 . 0 " 0 1.4 : E,4 E0 r 04 (2 01 012 4 4) A 0 0 (A 0 W V >, 010 01 0.010 1 04- W44 4 .,1 u .0 Mx: ,m. o V) 4J, 0 "1 0,. 0 0 4 r4 k. V4U 140 10 a 104) 01 14 0 .- 0 01V IDC 4401.-4 4)M V . HU .0H:30 ov o .4 0 125 . 0012 (5 ~ ~ ~ ( 00 ed -4 0 01 0 1 V .)4 14 a) H o 010 4) k 0a0)01k w H 0 V 4) a) W >.4J M 4-1 1% 10 V C000 k a 9 00 a- ) .040 W 1 -V to ta0101.C 18905 0 w- ..4 0 w0 4) $14 0 'a 0) .4 0 C 0 0 0 o H4 001 0 0.0 '0 -1'-1 -414 ." M U (4 0 •.0' 0 o .1 010. (4- 1140 0. (.0 042 m V. V.. V 0 0 -,4.,4I 0 =- 1 C 0 9: v 4 to .1 ) VOr- 0 0> 0'-40 C 0m 0)-H -.- 1 a >1.1 '000000H- > CIO0 V14)0r. (n to 9 .,t (n .,4 0.0M10> A r. M 0.-0r -1. A-41 1:40.1It i4) w 1-4 D4r >. 144 0 t%01 0 ' go0 01. 01.a) U 0'0 to001.0 01 0 A 01 w V -1 4 -1 V "1 $14.0 U) .. 0 W1.0 1'0 E4 U4 A) H4 a) 0v v01 > .'j r..010 140t 0 '- 1 4 04) a) V.4 0) 016 00L 0 9 01( 114 4)0 .4 1 10 0140 v 010n w 1 0 0'0 01 r. 009 .0--4 0 00 01 ' - 0 H - -I •i ,,4 U) ,-4 V-.4 0 0O U1) V U) OU -1 44 A 01 ..4.... k401 ,old 0.0 01)1)4) r. 14 .H 0O 1U •44 4) 0101LO 0 - '0 0 0 . V '. -.44 14.0 V)104)t 0 (0 1 V-,t V)( -.4 ->14.> H r4 (0 4 G) H014 01 H 011,4 M44 -4 r- 040) 1 w*. 1100 v1- V 4 4) 0. 4 ) U ., .- I - .l 01 (d 10 0) 0).0 tr, V v M0 w 0 010 9 1 0v 0) .4:001 o >0-.I.,H LO A 0. - '-0 En1a010 $4 141$4 .0 0 0 C (0 -44)' (d 0 9 to 0 01 01 .01.0M A O 4 0 q0A 001) 00 $4 A0 0140101w 41 0 A 0111 W 0 1 01 0110 0 CO 014 " h O .- ( O $0 '-1 0 ,0 Q toM 4 o 0 . 0 M 144 W0i a' to) 0' 0u10 P: 4 0'041 0( 0 a)" k P4. W10M44 W01 H '4 4)-'.0 M 10 M 0140 0 0 a0 .40. 0-. -4 H 0 u W V i u 0 00114O U0 4)-1 '400 04 P. 0 -14 '0 0 .14 4) 041 ) a) IO 01 .4) 4 0014 0140 01 E E- 14--411 01 10 10 0 Il) E-4 ( HP. P 0 OWAAHM.I~1 0% 0 -4 01 C4 *' 6~01 0 ZE2 140 1 HXO 14 A01. W 44 U 1H Z 0 1 4)1 4 4-) 014*) u 1H4 1 '041 0m4) 01 ix ~ ~ 01 94 C M#
Attachment 1, passage 37218906 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices SENDLINE DPASSHORD ArT "host prompt:"; SENDLINE PONUSERNAME; ON NOT WAIT GOTO fail; SENDLINE PDNUSERNAME; DIAT 2; GOTO start; continuAiT "uses name:"; WAIT "password:"; ON NOT WAIT GOTO fail; ON NOT WAIT GOT EXIT; continue: fall: ABORT: 5) DIAI [2); DIAL 2; start: EXIT; April 1993 Example: хатр хіт: 6) Possible values are a or 8: one databies is set to a interaly. I I-3 RUN BETWEEN 17:00 to 8:00; ON THEOUT GOTO Secondlumber: set to 7, the parity will be set to EVEN automatically. ON ERÓR GOT ORRECT GorO continue; DI CONNECT GOTO continue; RUN BETWEEN 17:00 to 8:00; ON TIMEOUS GOTO Secondlumber: ON ERROR GOTO Error1; COUNT 2 MINUTE 30 SECOND; PARTRY 1S EVZN: GOTO FirstNumber; DATABITS IS 7; PARITY IS EVEN; start: DELAY 3 seconds GOTO start; FirstNumber: DATABITS IS <I>; DATABITS IS 7; 1) DELAY ‹interval›; DELAY 3 SECOND; April 1993 Example: Example: Example: 3)#
Attachment 1, passage 373Federal Register / Vol. 58, No. 67 / Friday, ADril 9. 1993 / Notices Ia~ 1RQO? 0 V0 0m u0 k 4J 4J r 44 M.14 U -"4 • 0 t -4 4j 14 14O0 u00to.0 0 U) 0.A0 Ov 0 U-4 -u 4 44 0 >.0 to41) Am0c 0 A. 00 old m -, 0 4.) 0 0 14 0 0 00 00.0 0 Vr 0 4-1 C ', 0 0 0 , 14 I- 0 0 04 0,. 0 0 1.0-4 0 9 0 00 4. 0 4j 'A 0 0 A. 00-0-4 414 r 0 10 0_ ... 0 0c4 ( 1( :3 * 000 IA 14.-I 0149 H )W 0.10 0 4.) 9 0 :3. A0tW0. V 1-0 A 4.) r to -4 0 0 00 A 00mUr .. -. -o .. 4j . ," a,.. - -4o -4 0 4 0n0 0 0 - 0 z a 440 WE.. 0 E 14- 0 H l, J H 0 ~ 0 -C 0. W . E-HH H 1- 0 0 20.1 10 u 0 H z H Z2 H ZH a 0 0 W ;j90 9) 0.) 90 M, 4J 0 o . . 0o -4 00 0 0. 0 0 0A 0 ( 434.) 0H 00 4 0,0 0 d0 140 00 (40 H010 0-a 0 A n P 0-4 0 0. AA V 41-U a) 0 .0 P ,,- .0 0. 0' 40 4300= 0 v 040 .1 00.0.0 A14 0E P 0 ) P.e tO( 0 ,' w 0 H043 010V ., -1 w I. 0001o 0' 0 '.0- I E0 14 0) 0d 0.0 4 . $4 0 4 U) 0 0 ' UI4. 0 U4.04o -n a0 0 0 v0 0 w 0 ,.. 0-.4 H P 0 4) 4 4 0 1 U40 $40 a)0- 4M .4.0J &A 0 )4 A 40to w 0 1 00 $ M0 1440 (n 0 k*OHkOO . : 000 14 2 O 4j0a. 14 . -14 A ' 4 .- 430 ) . IA 0 43 00 0 0%. 014 0- F4 4.w14 -1 En A V C 0 00 W X 14 O N 9 10 14-q , 3 4.00 P4. 0 004 Ix O 0 IdW 30' 20 14E 14 A A 400 (n0 001 00 00 00 b' O--00b oU- 0 00 00 0 a4 ) 93014-44 00 lid~1 00 4) '00 -a0 P 41 40 .Q. 0-C 0-O 4X 0 0 4 V- A )~ 0004 3 .4 WH 14V Or- U 0 0 U 00 000 ~Uto A * -0 a) x MA 0'.4 0 0 F0 010 0 r WHZ A- 0 0-- to . U 14 •. 9k= 10 0 W N 01U) 14 0, 0 0 ." H W W 1U C H404 . .. 0 0 40jE ,. 4 E _ ) C 4 014 9 t En 0U) 043 0. 0 W#
Attachment 1, passage 37418908 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices parity bit is unused. I-8 PoseiDle settings the parity of the communication parameters. RUN BETWEEN 17:00 to 8:00; ON TO BoD Secondlumber / DATABAS 1S 17:00 to 8:00; i Tro COD secondlumber : RUN BEIWBEN ‹Start time> AND ‹stop tine>; ON TIMEOUT GOTO Labelone DATABITS IS 7; PIO A ComiC cono continue: ON ERROR GOTO Error1; GOTO FirstNumber; NONE: ODD: EVEN: MARK: SPACE: RUN BETWEEN 22:00 AND 1:00; 12) PARITY IB <P>; PARITY IS EVEN; April 1993 Example: Example: 13) BATEDE I-7 GOTO ON CONNECT GOTO continue; ‹condition› ON ERROR GOTO Errorl; COUNT 60 SECOND: ErTOr1; ON ERROR TO FORtNIG: ON CONNECT GOTO Labelone; GOTO FirstNumber; ON TIMEOUT GOTO ON TIMEOUT GOTO «label> ; GOTO Redial; DIAL 1; 10) ON ‹condition> ON HOT FirstNumber: SecondNumber: Redial: April 1993 Example: 11)#
Attachment 1, passage 375Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18909 0 0) 0 tP4) 0 0 A~ . -z'- 0 4 $g.4 ."4 . 4'.. 0 0 0 ~0 V.- 0 % -. ,I V' EU EU $~E 4 V'... ,4OU.... . os Os- .:q- o4 00 o 4 0-O0 (d :4 k- .4 ' N - 05 0 2 0 PLa x R. E* 0 0 0 (0.0 .. 5 k N 0) $4o --. - W E0 0ON W .MW 0' R 0 '0 0'CO 20- Z - E4(0 VO '0 0 -H fu 0 14W0 a, m a 00 00 0 k 0 t0 0 0 20 a- QW 0 0 E- (0E E U H 4 r H) w 0-4 .0 00 )QO H *0. to 29 w0 .0 0 '-ZOOS x oWEUHP.W .S 4)o.)Eo.o U,..-, A ~ fu3 A . 4) H V 02) -4 0. k 4H= 0 04 EU W. 8P 0 . 0 ( ".4H 0 1 = N " E'- a4 J) -. W 0 'a 0 0.H H It 4 ) 1 0 2 V) z0 :1 0) z HU EU 0 to 0- (0 UH084 .4 (0 ( EU EU 0. EUj EU 0.3 w 0. w4 54 0 0 '.4 P 0 w .4- -mH -44- -4 EU . EU u4 00 0 u 44 04 .04 0 0.4 r o 0 0 00 0 0. 04 -4 VE N 0 x -i 94) C- to EU -- 0 0 ) 0 0 V 0 .;' 4'.. U 04 00 P 00 m ( • A t0 04A W- 0 544Z w 'H 0 0 0 '14 14 o -A . Ai Ca 1 H >- a .. . U% . 0 NH90'..-,..,0" 64 AH2 z .z0 Z1 0R4 0 to1a N~~~ ~ N VQ '-4$ PI5' 4M '044 x 455101 4) 0' o4 410 -4 4)..- 41 2C t. 4j 4) (a .'*4 4) 0.4 ' a 0 t 'Q 0 O.OEm w 4) 134W 540 -'- '0" 4 9.4 0U :1 cc a 0 41U EUW U)o U.4 M~ r)( a EU 0U (0 10 IN ~0 P.00 AU' N 3 C 4) v .4 0 V' M3 C '0a 4) to) ".(R 4) 0 -Hr I.0 V 31 :D 5.44 V 0) 4)'004 U Qz U AO. vE a) E -Vr 13 ia4J0Z w 4) wW VC z -,4 V 0 >1E to9H 0 10 V. 0o 1 E0.4004 EUA u0 a Vk wwu 40 zw4j 4) RU .0 -'- 0U w Z -. 4 A m V -. 4 W 0i--." V r A .0 4 EU) 4. V 1. 0 '-a0 a o0 C40 0. fa 0 4JE4 0w4 oP >$4) . r A C A V 0EU 4) 4) W'U%-4 0 44 V H k 0UUO 0 AU'40. 0 V 4.' EU .,1 541 H a0 9 0i V r V 0454 C0 4 A )4J V 40a k0 EU 0 EU 05. Wfl-'. 904 :J I 4 54 V4 '4 D 4)25.fa m02 1- 0. 14 N to 0 U 0 N-4 0~4 0 -A 0 10 A0 0 z C. 0 .4 2#
Attachment 1, passage 37618910 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices way SAMPLE SCRIPTS April 1993 C. I-11 ( POR ‹interval» 1; "WAITLINE" without stab ate never rection with the ARtink host the script in, mossage Seid or ehe 1, Ri connand to indicate the Feason 40r the [ POR ‹interval>j WAIT "User Name: " FOR 30 SECOND; "Password: " FOR 30 SECOND; ON NOT WAIT GOTO WaitLogon; ON NOT WAIT GOTO WaitLogon; SENDLINE PDNUSERNAME; ON ERROR GOTO ErxOr3; SENDLINE PDNPASSWORD; ERROR GOTO Error3: argument waits for carriage a return. is 30 seconds. "WAITLINE" waits Prograrming Techniques WAIT ‹string> WAIT "User Name:"; by a carriage return. Waitiogon: entertains Test Conditions: Abort with Message: April 1993 Example: d. Delay: aborting.#
Attachment 1, passage 377Federal Register / Vol. 58, No. 67 | Friday, April 9, 1993 / Notices 18911 \*** {******* {******** 1******** ******************************************************* {*************************************** *********************************************************} *******************sposas 09 101*1*guru Xeurd 18XP spuosas 09 DI -I э э ******************************** **************************************** ***************************so sats*** ****************************} OLOD LAOEWIL NO , dn zas { zaqunu !I IVIa ******** 6660 1110 ; 8 • OT • 8T • 6T •02 • IZ • 2z • Е2 • 3z • LZ * 82 • 62 • ОE •IE • 2E • EE • SE • 9€ • LE • 8E • 6€ • 07 •It •OS (aduord wazsís Et-I TENS LIVE ION NO !I IVIa 17285059 172878 LIVM 11783 • 91 •6T •02 LAUST • PT ST •LT •IZ#
Attachment 1, passage 37818912 Federal Register / Vol 58, No. 67 / Friday, April 9, 1993 / Notices statements. seconds. the execution of the script will The default position for timeout is earlier than the start time ESL processor will by following the specified interval, execution of this script starts Set up the global counter to count Ior 60 seconds and keep on executing following statements until timeout resume at the position specified by ON TIMEOUT GOTO sand a spe yet sequence of characters string for Line 1 to 8: Setup sea con aloed to bance sight tize. If current Define label to be used by GOTO statement.. be used Define Jump on location for timeout. Dial the first system defined number. wait until the start time. the statement next to current If the lane 15 busy, dial again. stop the timer to avoid timeout. Send out message and ever sage Feturn. I-16 Line 82 to 90 Retuzn control back to EDGARLink PC with error Line 10 to 14 :Set up communication parameters. reset. If timeout, Check connected or not ? Line 46 to 47 :Set up counter to count for 2 minutes 30 WHERE statement. Line 25 to 35 :Try the second number if necessary. Is any hardware error? Comments. Label. messages. Line 39 to 42 :Define strings to Line 15 to 17 :Comments. Line 43 to 45 :Comments. Description: Line 18 : Ene 20 ! Line 21 : Line 22 : Line 23 : Line 24 : Line 36 : Line 37 : Line 38 : Line 48 : Line 50 : • April 1993 ***** .... I-15 Command: " FOR 30 SECOND; Piní connect to EDGARLink server successtully / 10g on to the host....... WAIT LogonPrompt FOR 30 SECOND; WAIT PasswordPrompt FOR 30 SECOND; SENDLINE HostID; ON ERROR GOTO Error3; (*************************. ON TIMBOUT GOTO ErIoI2; ON NOT WAIT GOTO WaitLogon; ON NOT WAIT GOTO WaitLogon; ON NOT WATT GOTO WaitSelection; .... SENDLINE PDNUSERNAME; ON ERROR GOTO ErIOr3; SENDLINE PONPASSWORD; ON ERROR GOTO Error3; **************************** COUNT 2 MINUTE 30 SECOND; ON TIMEOUT GOTO ErTor2; SENDLINE "EDGARLink"; ON ERROR GOTO Exror3; BOORT "unable to connect"; BOBORT "Host not responding"; ABORT "unable to send"; COUNT 3 MINUTE; select EDGARLink \*************** (.BI....... error messages ErIOI3: April 1993 52. 53 54 56 in 58 59. 60. 61. 62. 63. 64. 65. 67. 68. 69. 70. 73. 74. 75. 76. 77. 78. 79. 80. 81. 85. 86. 87. 88.#
Attachment 1, passage 379Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18913 :1 W 0 w 0 0 0 It 0 0 .0 x ,dW - to) 4) A 0540 41 1 o) 0 'AZ .4 O40 Z4) 4)0.11 OW 540 OVI 04J.0 4.3 4H4J0O 00. E4 0% 01O EU U) 43 .4 .,I w 0. A ., .4 0 r H U-1 >.4 4 1 O $4 4 4J.-H o " o 54 .r4 0 0 V wb .0 H to 01 u0 x C . to 4) -4 k 4j .V 02 r. 40 " k 0 ' 14 -- 00 w W ,4 .V 4j3 0 9: t 0 u>.W a)= a) ...4 -4 0 A .14 Vj 4 -I40. a) 0 4).r-4( H 40 w C C4 :3I 0. 0t4 0 *-4 a) 0a a)4.' g5 0 * 14 t* 4J 0 U) 0 9--1 04. 0 I . 4 e tV 0 41 .- I.J 40 0 0 A 9 m 0 0 W 0 w0 : 0- w 44 0 041 4)1v 0:~ 0 4 - 43 A ' 0 00 0 40 E 4A dO0 0-M 0 **U.-40 4 o : -. 0 H . 4) - 0 Za.) 4" . 4) U .3 ) ( :1 0 U V '0, W0-U 04 5 U (o V 0 4.34 44. V 4 V 4 r. .10 .V0.34)4) EUU. SU 04) O. a) .4 1 4 A AV 4 44 w -,4 Oa) 0 o A 0 -A.J 0. M. .3 0 -) O-W v0 t 0 a P4'-1 a C AV 00 - ~4 to ) va- > W O 4 V 0 0V 0. VO0 W4g 0 OX-0E'0IC 0) rq 0VU0: V(4 4.30 4.3 -- W w 1 . A C-H AA 00 0 04i-V 4 4. C 0.0 C00.0 >,H 54 544V.MW-I -1 E0 A Z5W 45) ."-flJ 4-4 a ) V4-E.'aV MV V .AA0 0 -1 ) v u 45 >1413 to 9 40 0009;0 ulw 0O.4 0 m 3Wr EU 44 U 41 0 .1 EU "4 EU It 4) 45.4 .04.35k04.V 0 04V V V 0 4.Jr.w 0 w. z: a) 4.10 ~04E W U)0w H 0 HO0 O w3 44 ..- 4E4 '4 gE U *-1 W V .40 AWA 0 rqW0 - 11-:3 9:w z 0 E-. 0 0 o~s u 0. 0 ' 0 0 2Hc. O. H cEl E 00 0 0 0.0 00-4 A4 0 Oo-I 4J A 10 "1 a)-.. W -A :3 0 j 0U V 0 0 H a Vd :> a) O..#
Attachment 1, passage 38018914 Federal Register Vol. 58, No. 67 IFriday, April 9, 1993 INotices 0 434 0 o'40 00 0 N 0 CO'- .4 OD~ 4 u a -0 N: 0 0 U "14 A4 0 1-1-. 1au 0 . 14 0 L r4 -' - a0 0 X uIO o al 'q - 4 1 o, 'o 4 M k. 0 *4 l0 0 414 010 4. 4 14 861,00 a N .. 0- - a ,C 4. M % 10 844 4J U " -4 - k 0 a: -O 44- 00 0I 1 a a0 A N no *'A' ' . 004 . 1 w I o' k. '0 '". , .. 4.4 aO. 0 4.04 0,1 M~ I 1 .4, v A 4iU0. vo fto IV o M 10 U 0 I 0 sU ko %84M4 0 al044 00 04a-'4 to' 400. 04 4 Is,. 40 U0 14ao 0q a.0 4 .. .1. l~U0Na0 .1 NIO a. a. . 000 0 Os 14.11 4 or 4 0 0 4 a a 0 04 044U W~ 442 Ajld . ~0 M.~a Og.)u ~ ~ 4 01 a . 0 1 14 40' M' C0. :4 on. 4 ~ ~ ~ v U 20 . U U 0 0 0 0 9 w n0 v . .4 1 CX' a w U -. t 0 - 01 1 o .4 114H a0 0 10.- k0 m 1 0 1 - 14 0.4. 0.U 0.- , 04 I 0* 41 44 J 0 4 44J -, ON - - . 4" 0 to b a 4. II 8242- ' .i 14o44 . 0 04 1 -. 4404 0 £2. L 4 0 4 : 4 ulI4 I '.20.1Mk0 4: r.. 0 I 14 0 41 -' 0$10 0 0 04 v4146- 0 . 04 C- -60 w 4 -0 A 4US. 0' 0 4 0 O 04 004 a.H 14 Wr So Hj 0 41- :- 0040-0 4 .1 m 40 5.4 44 4 4 0 to ... 0, 0 >. a4I ~ I 1( 1 4 ai. a44 0U. 4 1 ) 4 0 . 130 1448 *A.4 04 U '. . 4 0 '4.I 14 0 .44 Mi 0.: 0 8 00 a. 2- d.4 a4 : U 4 ~.1. - ( 44 1 404#
Attachment 1, passage 381Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18015 18915 ra tn Sp 0 00 0 0 M .4'u 0. 0 > J ,m r4 0 4' 4, ~a m 014 C, 1 0 t 4 mo4) a, 11 ( 1 48 )I 0me 1w m m M -4 M 64M a 1 4,w V ~.. 0 0,3 , 4'W 4 I .V 4 M 0 -a *, I I "1 l 1 R w- '42In 0 II0a , 1., P4 4 M 4 U1i 1 *.4I .4 I I i10 . .a, a 4 .2 t 14 .' va 10 A 'a a '4 0I 0 -4 0 U a, 0 -4 4' 44 U 0 - S 1 0 Sl1 4 m (4w r. O SI e I,0 Nol- 'S 0 C~ I v ,. 0 0 0 0 u 18916 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices INDEX (Continued) INDEX-6 -ter docim. 2 to 6.0.6. nour sisterence available xorml:;, 6-1, 6-9 t0 6-18 hands-si example April 1993 INDEX (Continued) INDEX-5 DARLink software (continued): change -5, 3-D-2 correct errors create submissions 5-C-3 to 5-C-9 bodify configurations 5-B-6 to 5-8-19 print submission 5-C-24, 5-C-25 sand -D-12 to 1-D-15 d1ra5-4-1 tO 590A7 552-23, 5-1-28 send +0-7 to 155-11 5-1-10 to 5-1-12 Dain B8-2 to 5-8-4 technical tips 5-л-8, 5-л-9 how to i install April 1993#
Attachment 1, passage 382Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 I Notices 18917 S 0 m u 4j4 V - 41' - 4 " - 4 - " ;'g I 0 0 0. 0C '40'4 0 4. z l I N ..- i 0 0-0 . o-4 0 0 C v x a S U 2 -- '40 0 o M'0 A "I OW 14 1. No r4 .- 00 H4 t4 I *'I . ,.4 Cm 04 6 4 0 I 4 4 0 0 4 r SI I'.l Uh 0 4 0 0%4 C 1 0 . " 0 4 ' u v -4~~~~~4 14 - .- 4I Iz10 t O C .1-44 -4S 00 4.W 44 M4 U 04 U00 0 4440 05 0500441.00~ U0 ~ 0 0 0 4 . 4 4 Sa, :1 M.. 001 r; . 'I' I A " '0 IQ 0 0 0 0 Q. E 04 90 0. *.I I 0 o 41 10jb . a 0 0 04-4 r.4 I1 01-. 4 j I - C I 0 1 1 1 1 V V 1 4 4 -M0 44~~~~~ ~ ~ ~ a 4 - w m 0, o 44 0400M ,u0Lna *r. ' r 1 V- 0. u , 014 90. 1.4 WV II U' I a0, A0 . -4.0 w 0 M a .4 -aC 0 .(0 V U-O C4W Vg- O' N -U 0 0 .4 6P .. U- a 0 -0 v" 0 I 0 ) I 04 0 1 044440 0 0 *.. '. 5.4 - aNO :04 i'4 a0 IsN' a4 132 1 S 00,04 4 W 4#
Attachment 1, passage 38318918 Federal Regiuer I Vol. 58, No. 67 I riday, April 9, 1993 /.Notices 0 44 0, 0 m 00 0 1 di V 4 04 - * 4, 0 ....- 14 . 0 5 w 4 0 u~ . I -. C N. a 0) 0 0 ,4 H 14 .1 1u ' 01 04 1 O(D > 1 H 54 0 .*AH 0 A04 v 0- U 4U o1 41 4 U 0-4 04~ -u H2 3a m0 u rD 6 ,~ 4) ,4 54 .. ) .- , 0 ve II 4), 4, mIo a N 1 4) 0 0 v C5~-VA 0 HC 40,0 4) 0 0 0 4) 4)r x 14 H 4)0 'Ii 10 k V, O 0 a 0 a 0 a A4 a 4S ) LI m .0 v) 4) to A m m -A) U Wj 04 Id kM4 54 at AJ 444 0) 0 0~ 4 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18919 C CIS a I--o ui Ci it - o~aa 11 u0co -2CO o. 0 Z05 ff~ LL C.) Cu". Cu .c,. C ) 0 0 0 06 t5 4) E 5 r 'c E1 4 0 .a O <..w "-wa 0 c . E 0 Cu 4) 0 E0 o . 0 0 cg 0 Cal • .. J (CU ... ~.2 .2 m oE zCC 00 uj W * ) C) WU C - Lu U.2 C Cr00 E E "U Co#
Attachment 1, passage 38418920 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices WI -H H.4 N r4(JH~ N4 .4 4.4 1 H H M 4 4 ~ m .r4r 4 .41i .4 rC wC H "5-4 1 1 Il 1 1 1 1 1 1 1 115 tl "4 f4.4 .4 .4.4.4 1 44lllN~~ I') t'.1 C' 11 InS0 . H z a H 0 m 0 H 00 En 0. H 0) N NHm E2 04 'a 0 go 0 EN a 00 z 0 H D z U) .4) a HE-. 5 z 0~r 0 H zz HCJ F ))4 w - z2 R04 4OOZU z 0 04 H 4U 00 0m 0 2 H w H H E 2O 0 = ""HZ H P k4 , 0 n 2 ' '' ~ sE U)40~ HO U) 522.. O I FL HH w E4O 4 ZEH C4 En wp H . 2U))~LE. OH On EU W 0 ZU~m CHUC 20 14 U ZH 0U) 6 0 .4 "4 4 1 .a 54 0. 0 "4 m 0 "4M,' In 0 0 o . E) 0 4j 0 . i: .. 00 o~0 0 "0 0 t Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18921 0 v 0 wO 9 0 r C) -4 -. 4 140 4j .14C 4 - 14 0 0 g 0. 0 4 0 H) U) 0 0. >n A 0 ) 44 C) to~ ) h 4' .-I 4j) oM $. 4 '4 n 1 4 k in 13C)' C) 24 ix z C) z ' 14 ~ ~ U r ~ O ) - i 1 C)! - M) r0q4 w 00 u. a n ~ 0 d~~ n . >1 - ) 4 4 1 2 ) . 0 . .' - . C Hn C . ~ C . I ) . .' 1JzC 0 ) 1 I ) HEO )C C .. U W4 In 0 4 f0 z -1- . 0 ) C x x o z P. P-#
Attachment 1, passage 38518922 %4 0 0,-I 0 -,H -4U u Ow C w.0 M U. 0 14 - 10 0. r 0.0 >-.4 to11 I 4 0 0000 0 4>M ,-4 4j 0. w - 'A 0 W14 o0 0.0gor *.*0)4 H 0 00 0 1V4 Z. 00 G)H 430000 05410 w 100 4 0 A.4) OV .0 R . V030 to 0 .4 m>.. 0 C0"4 2 0 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0) 0 . E 4J 00 M0 >0 P3 Z "4 0 0 0 - 4 X~ 0' 4 k tM Ulm 0 V0 W42 0 .4 14 to 0 043 > 0 S) 0 4 0 0.00 000 id0 0 I.A 00r 030 -H. 04 0, 0 - V.4 4.q ." O0 - o35o 4-11 0 . .4 "4-4 0 0V V .-I •) ,4 k 0"" ,-4 Cr 9 -I 0 O0 0.0 V"4j 40r 00 4 43 54.H4)0. rH MOH 14 r 5C 4 0 4j %da) )0> r.to0)0 .0 to 0 r0 V V 0 .0-H> "44300>. 0 r5o4 V 0 r00. VO.$4I1 0 k0 0 0 0 0.44 054)I 0 -r4 0000.o0M m.4j - -4 t 00 4 00v :D m. > 54 00'_ § -00 0 0).90 -oA 0 0 a) 0 'a 4.3 IU M00 00 w 5001 0 M .. "4 M01V P.5 11> 0 04 r. to m U) OP 0 0) 04) 0W -to 0 to0 -I 0043 43 C0 0 04 0 0"4 Wo 0 -'1 0 )t V41404 r. 043 00 -H0 Vz 0> H00 H k.02 toV 0 r v "14 a 0 >1 0 0 MOU4 0 ) -4) A0) . o 00 t j 1w0. .00 0.10. 0040 > 4 A.0V H 0 43 21 0 .. H . 00 .. 0 0 4343M.m.4 H 110W H00 o 0 -1 .4 0 0OH 004 4.) 4) - .,.I C. v -. 4 45441 -V > 0.0 0-0.4) 1 r Z)435. 0 .0 ) 0 50 4).14.0A -A 00 1 $4 P4 0.0 43.o H0H30 3-1 0OW.4 4 C43 a H to 0- .3 9 -)4 V 4.1 . w-. O' O0 0.04 0) r. 1'. 010 ,0 $4 4) 4) Mt a)-4. V 543 41) V 4) OCC V405vo .0 0 -- H04V 11-I 4 05 r 0 4 0 V0 C 0 0 0 -1r. M . o4" .0 43 0 E-4 C 0 .4 14. > 144 .' 04 4- to 00 .40 goV r. 0.00 5400 43 14 " 0 4 0 rm- 0k 00> 0000 0 -A -. 4 0 -A 0 &VI00 tow 9: 54 " 1V 40a A0 v 09 M 0 :.0 00> 04.- 0X4 -. 4000 4) 4 (D"0 54 E4 00. 43 o4a4 54 'A.41.4 0 04) IV 0 V $4 to01 OW-4.- H .4 4j C .-I A to V V 0V4 0 0r 414 0 to4 O0 w 4 4309 0 SX.4 0144 k-140 in OE0 0 0 01054r. .0 0C0 0 0430 0 0 to0 V 043 4 4309 0 g4 .4- U .0wH r. 0 4)0 "4 m r -40004 114 0: >10 U . 54A 43.m aV .0 tofn 01 00 M 4 0 41 0 0 -, -,) V 4) U .- mm -4 0, r 43 M 0 -. t4v% 04 j 0. 0 0 0 Ora > a0 0"H 0 00 0"40430540 011-4 0 0. m 54 0 0 0 -. 0 142 .404 .4 w0 0 0 5414. t-0 4J r-4 M0" - 0 0 > Mtn4 0"4 0043430M1 0 430 WO0 -. 420> V0 z >0 m 00 r0 -H.4 A.0 .0 4 w-40 00 4)~~ k400 0-,4 r 0 0V 9n M04 0 w0wV go to ) 4 V% 54 P4 C0 (a0t 4314200051.. = to 2" 0 tV A4 N -0 0 .4 00 434 %.4 00 C4 0- V1.30 0.00 0 r 0 (j.40 014 V 0 4) 0--4 r, -A400 o >00 4 A m C 4) 00 w 40 VOW ,4O 545443 %43.0 00 0 1 -. 0 43( 54 0 2 w -I Ad U 0-40 104- 134 0 0>3 4) 4 A0 r -,-4,- 0540 ) 4, 0 01 C ., -. 4 0, . . .- 0 -4 •4 0 .4 r. , 0 0 .4 .400- 040 m 0 to0 A -4 430 v . -4) 0 0. A 0) 4 k . -,I C 4 I-M .05r40to V O "1 0" -14 0 $4 4) I E13- V 4C 3 O 4 $4. 4 43 040 0 V003a) 40 0-.40 -40 04 r. -A 0 4) r. I -4 -A.404 r.0#
Attachment 1, passage 386Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18923 memory (RAM); Tha s.25 len renppy 1 hard disk with 5MB free and 1 CHAPTER 2 GETTING STARTED EDGARSnK, the dorio ny hardere tens are Binte reuselents: (2) And monie or Wt 512 Bot avalee menor y bard 3.5 inch or 5.25 inch floppy disk. dríve(s). (Note: 2.a 5.25 Inch doppy disks nigere ste, ge cenacity Application with Bone monoc ee montes Pc (3) Jo ve aten sulfietent storage caacity or eid er* large data files may not fit on a 5.25 ell11ng out roda isar and mnig it wt ul r N-SAR PC Application Version 3.0 diskette; 2-1 how to store large databases on (4) A modem capable of 1200 Baud or higher. Poo py 55 ndo karde MS-DOS Version 3.2 or higher. A. HARDWARE AND SOFTWARE REQUIREMENTS disk. (2) (1) • (3) C: \ XHI8 IB AN EXAMPLE SENTER2 Tof user Input ay Be eastl ad zoent ted aros oter t tanp/es#
Attachment 1, passage 38718924 Federal Register / Vol. 58; No. 67 / Friday, April 9, 1993 / Notices command so that it can Refer to a MS/PC DOS the Dos directoit is noc, When decompressed, EDGARLink occupies approximately 3.5 MB of NSAR. EXE occupies tracet the resident pate to chee it and nee ae used later in MARLink. The following line must be added 5: ete installation of EDGARink takes appositely 10 sintes. Aner the you tie ence disperse bay be secesuly To run EDGARLink successfully on your computer, Reference Manual for the use of the PATH command in an PRINT <C:\ELINK\ NEWLINE DAT reboot your computer. space on the hard drive. NOTES: 2-2 OVERVIEW OF H-BAR/EDGARLINX INTERFACE - Start EDGARLink and prepare a POrs I-SAR document. C. INBTALLATION OT EDGARLINK AND #-BAR PC APPLICATION Instructions for danger guat on for 8o5 link. • 4.1 Construct an N-SAR submission header. 5. Check for errors within the submission. 2. INSTALL AND CONFIGURE EDGARLINK 1. Install and configure EDGARLink. 2. Install the N-SAR software, 4. Assenble the N-SAR submission: 4.2 Assemble the submission. 7. Transmit the submission to the SEC. 6. Correct errors, if any. 9. Exit B.#
Attachment 1, passage 388Federal Register /.Vol. 58, No. 67 / Friday, April 9, 1993 I Notices 18925 .0 -4 a)• C z 0 r C 0 0 M4 V 14 A.0 V V -.4 14 000 O x o oo. 0~ in* . q 0 A 1-4 -4 .-- 4 0 A. -. 6.a I -M 0 6j Ow -4 II -4 O C 0r 0 . 00 Xr0 C 0 so4 I A 0 I I I .) IC 1 40 ' 4 0 E4-4 tI 0 18926 Federal Reister / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0%0 0 .4 0 0£0 4 0 V 1 -. £0w 0 0C w It'p 0 0) a)40)k 40 -44 . 'A -1 , , 9 , " I C0.4 0 04 0 -H 0-S, . 4 MOVOO 14..01 V 44 0~ t 4 :1 P.0 w4140 H014 I 04C HU 0 041 k4400041Z.4 4. 411 4j -H0 ~ 0 X WFAto 01 % 1440 0 00 g f 44V0 m N 10 0o wo'mk00..004) v QE4Ewvv>z4 w. 4j 0.0 0. to •~ ,'4 " o C 4) 0 04(a V 41 .4 O. U)) a 0 4 .-4 o Ov .- 4V0go , -.- 4 M u0.90 .0.V 0 C0 4) 0 Z' E- vV 0.14 a) 4 4 IM 0. 0.4: PQ a). ~0 00 610.) 4) 141 3 14 I V W 4 4)- 0 o. I AS 0 I3M0 .11 3 4) 0 41 :H4 V4 31- 00w 0 V $4 > .4 a) -4 119 4) 4 d *1 14a : 0 ) 0 0 V) 00 to ) 'q r A 0 (d.- 4 0-0 W 0. v .04) 4)q 04 0 0 0 0. w-.. U4)) J > 0. . 4. V 0 V V0M0w .4)0.a) 00 43 > 0 0 . a) A41 V 14 41 0 4 0 04 0 4 0 :1 .- 0 0 0 01 040 m 1 H 1430 V 0 0#
Attachment 1, passage 389Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18927 C! a * d 0Q *1 OA 0 0 1 94 10 41 3 E4 0 0,41: 0 14 v 0 6.4 * M I 314 e I I0.0A -',I to I , A f . I 014 IA fw41. .4 0 ° 1 ,.. 00 . I A 0 1.4 0 '414 m 1r • 1 0 ,4 *~01 I1~ f0 k I A k 4A 43 14 M0 6) 0)1 0 ~ U '4I GG 01O 1 0 14' I .4 A 4 14 0 1 .4 r 01 V 40 1 a 0 00 1!0, I1 Ii ?a )C I I 4 d 4N 14410a MI W.0 .4 Ito 0 44.C 1C I1 to 41 00 44 ) , %4 63.A m0. go I .- a 0 1 v 0 010 1 I4 0 41.. 14 0 I P. 00 ;4 0 141 4) 1.C 94 -4 4J -A P. 0V 4 4) 10 0 0 . ?A C r-4 9 I 0 4100 0j140 '14 0 114 00 P%4 I 10 1 0C . Sv 4) 0 P6 I " 4 I4 to140 1 C V 4 0 > I4 0 Cl r0 4 1 I I-40 to 9j04. . H 4 1. 0 ) I4 I1 X1 A. I ) 014 R 0 4) 011 > v 14 1 I.4 01 I 414014 > 04) 411040 . 0. 1 r. 01 Z CA f 14 0 4 011$4- 10 z i 0 0 .0 P >0..' 1 4 014 0 01 14 1 r.4 1( I1 1 0 k40 .4 A01 40 A 0 03 1i 1 t 0- z I .4 01*044 01 014 m 41 4 1 1 04 (D- I P0) H -0 4 0t . ml aV 0 m1 I I. M 0)$4 M10 M 144 " C t2 A414 FA 1001t .0 to r. 0 4 1 )t 4 A I4 v B I q03 bgC0 A 0 MI W r- 0 0 mI H 0 0101 .0 go. .00 0P 0 a) r 4J 4)- H1C1 0 1 A 0 10 00z . B - 01 4J 01 3t mU 101 90 CC.1 4)4 4). 0 . 0 1 b. A. 0 06 r1r-4 to 4 1 to 00 I 00 11 4 4 j PC AIX to . -0 4 CVI u I 201 (141- u 0u 0114 .. r .40 -I r4a vo A.0 1 10- 0. 1 0 0 1 4J u I M IQ on I 0' - 1 2 41 C01 go2 C 4)z F.4 4- I 00 )3 j4)e ( C 1.0m- I0. W1 0 %114> 2> I 1 V64 41 Dl VA 0J .4 > l J11V--4 . 0. 1 - C 011 .1 . 4 .4 to 94.00 01 4) 011V0 13V114 . 1 0.2) 1 n0 1 w 4 464 M 0 4i0V I 1. (8. 0 0 0 .41 10In 0 11 I9 .44V0. :14 I. 0 0. 1 04>l 01% - 4 I 10 /01 Z4 9 4m 4 2i 8Il14 .41 IIS CO-#
Attachment 1, passage 39018928 0 4J m 4) 4.1 14. 014 1.4 04 ".- 0 u OV 0 m u 41 . Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices a) Eu Wa) 1 0 0 V 1 -40 0,-4 1 0.M .4 "0 0 -40 01 ) o1 C Eu00 14 U 0 0'4 10.944 Eu IEu0 • 40 41 0 '-4 r> 41 0 • -44.) Wk) "4E4 Eu"4 • 14 14.)d 3 --.. V-, V 1 4) o .u 4 -E4 M 014 40toE4 A WO0 low 14 P C V 14 C '1. E... 0. O 0 11H 0-4 4) •4 p.,. 1 4) 0 ?A 4 4) 4 -44.)l 4J H- r, Eu 0- O0 A~ 0 0 0.-4, 0.4. 4jC 4j0 H -A to- -X 14 Au C) .4 .0 0 V 0 --440 V. °. ° OP 44 num 088 u 0 "41 4. 0 q4-Eu V ruW W0Eu * a14 Eu 4 a E.4) -4 0 k 4J 4 V r. k41 4) 0 Eu Q 41 Eu. 1 0). 141 0 4-IuV 0Eu) 0 0)> 3 44. C-4- 14 O tO V.-".14u2 041 1414 W V.0 Eu .0 r- 11kU) 04 ) 4, Et0 0 A 4) C 0 -1(a414 -H r 0 Eu 0 >0 1 r-4 044 ~.. 13 1A0 4 4 )I0E E jU ou H)- >1 0 :3as A P.~ 0 o -0U 0 0.1 0 40 PI .4 Eu -14 V >04J 0 X - 1 144J1>.Euu 4. " 4 I0 $4 tour. *1 40 .$ It 4) 1-4 Eu A Eu Eu Eu .-14 .11 E"4 4 0 C4 .C " 4 - 4 a. '0V 0 4). 0 0*44 14 >.V. A 0 ".4 4.) Eu 0 3 14 S: C) W 00OWV 0V"4 0) j >41 k4 Eu W0~ 0 -H44V 0 4) V0 4) Od Vu. Eu Eu W r.4 $4 - ,EuU9 '1441 0 -4 E4) k H Z .0 Eu t 14 0 0r 0 ( 0 4) 0 tp"4 u .4 r.z 0 0 • .4 01r0 ,-4v I 0.W o0 N0A CO 00 -40 0 Eu W u eoo 4.) 4 u r Cg#
Attachment 1, passage 391Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18929 A description of listing available ELINK becomes the current Main Menu choices may be found in the EDGARLink Filer Manual The EDGARLink Main Menu The Custom Applications menu The Form N-SAR title screen RESULT directory. appears. section 5.7. appears, applications. appears. 2. Preparo a POrn N-BAR, Using the N-BAR PC Application Figure 2.4 Will og you to stant ay the elvet un sectory will which you want your databases to be located. ram 1. BTART EDGARLİnK Type CD\ELINK (if a directory other than ELINK was specified during installation, substitute that path name and directory. From the EDGARLink Main Menu Applications, press SENTER> Select Create/Edit Form N-BAR, Type ELINK <ENTER> ACTION P00 00000000009 (t.e. C: \>) Select custon ------------ press SENTER> need to create i go or a an on apany: comes bicula taction onerine to gracedure so earing 2-12 (Hore, tE In pallation vas not successful, repeat tine D. START EDGARLINK AND PREPARE A FORM N-BAR -.#
Attachment 1, passage 39218930 Federal Register / Vol. 58, No. 67 | Friday, April 9, 1993 / Notices you database. If in in Figure 2.5 the current Type in the name instruction manual for an for a further discussion of this For example, type the following information Once the databases If you answer "y", the program will create a new C:INBAR DAYA SERPER> are yell are you dog and any she desar databases appe and directoryn for sampst Type the 2010 ang 20) "y" till ost epe For N-Sata Responding/11 f111 with data as you Responding For the A-saR pation done ee tatabas are necessary The sypical session Mouse path DO cation If you answer 2-15 have been created or found, the menu that is shown will identify the response as a request to edit explanation of each menu selection.) Responding (Please refer to Chapter 3 Answer File for this filing. guestinie. See page chapter 3 E. MAKING & TEST FILING SEC (Y or N)?". created. N-SAR PC Application Version 3.0 Enter the drive and subdirectory in which the Press F1 for Help or Esc to Exit. Figure 2.4: First Screen of N-SAR PC Application 2-14 databases are located:#
Attachment 1, passage 393Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18931 These procedures are Transmitting the For a new filer, Procedures for applying for or and a Password Modification Authorization These codes are described fully in section Only the Header Screen and Screens 1 and 2 need The CCC, PW and PMAC will be assigned The first "editing" screen in the N-SAR PC Application Transmit the test filing using the same procedures as those "Creating and You do not need to 1111 out the entire Form N-SAR when creating a (2) on the Registration Statement under ene Investmentame (2) Registrant by the see for illings under she in to rent a CIK Confirmation Code (CCC) for CIK filer authentication, a Password (PW) for log-in when filing by direct transmission and If the SEC has already assigned a CIK to a filer, the same CIK. changing the CCC and PW are described in that section, also. ordinarily used to transmit N-SAR filings. T. ACCIBE CODES TO THE EDGAR BYSTEM EDGAR systen uses four access codes: Code (PMAC) for modifying the password. Company Act of 1940. Company Act of 1940. complete filing for a test. for modifying the CCC, should continue to use G.. DATA ENTRY Version 3oB11cat1on ere listen Header Exit/EDGARLink Main Menu 1 Beat on Blank Pora RETURN, OF type the unbar of the oron to seant pe NSAR PC Application Menu 2-16 Figure 2.5:#
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Attachment 1, passage 39618934 I' I Id-I A .I 0 3.4 v 0 0 2w 0 ) 0 I0 0.0 0 C 0 A r. 0~e VA e r AO.I O 1 ).€ •j I. 0e A U va : m 0'-I 0 oA)A 0 04 OA Ino ")0 I 4 ) 14 0 AC :-( O0, 414 0 M. 10 UA 0.0 -14 0 14 )0 00 O4 4) n.,. C V0 z 1O ' 4J 20 o 4 0A'.4 In 0 14)A0 140 0 "1V V I 0 r)I 4-I40 In 0d 0 In O 343 0 In4 00 r.-0 0 Inl 0 A11 e) e)4J 0) -,4 4 ) r. a ) 14 4-I to e) - 4 -4 e0 034 0 00A41- 44 -1 0 1-. 0 31 0 In ta fI In 10 4 ~Id 4j 0.0 04) 01a v4 08 o4 k 1 0 Ud 016-AI' >4 1 14 0001 040-4 0 0 0 A IM 0 0 V C 4 0'0 4)1. InU 004) In g 0 r0r0 . f ,In f In-Idie 0400000 %-4.0 000) 00 0. AC 0 U04 43 In 04'O Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices . 14 CA 01 4) 14 '0 0) V90 4 0> M z A a4) . 0 :3 0o CA ) -lU -0 0 -A m 14004 0 0 14 )0 .M 0-H 03wo4 0 '0- 04 0 4 14 9A :2 V0 4) 0001$4 0 m A• I. n In4e) I>, n 0 n r .m V C 0140 0V In 0 U 0)00.0 4 0 0 >4 0 V FA 4 J . 0 0 0 0 . 0 04 )U.IJ 0te) 4 014 0 0 > 44 Inn1n -1 401,I '4 0HM 4) 0- In4 44 op to).AV 4, to m- 4). 4 4j0 v 0.r S044)"-a 0 VA V nn 0MA. - 4 UInnn v 0 0- 0A -4 0.In -. 4 1 )4) 00 %14(0 $ 1440 0 0 :0 1% 0 4100 $4 -0 In 4) u4) 0 In 34l0 U10 "4 $0 :3 A A0 4.1 V N -'0 fuI m44' w 9a00 34'0 VIN In 'S -0In '0 14 10 1-4nr 0 > 14 M '0 414, .- 4) 0 a) ' 04,e)14 >,0 '0 04 ) 1 e '0M0 • -. I "4 144 ) ) ko1 r4 -4Ie)n .0)0) r14 4 0'. 0 01 r: .0 .- '4 0 o 4 0 In % 4 . -4 U) )a 0 00 '4) 0 In 4) -'0e) 4J o14 V04) A 0 V >,1414 In 01..0 00 V > 10 0-I 4 I044. v 4 V4 0"." OWO 0 .4- 0 1400 In14 0 r0 4 -A O W r404 14 .V0,4 0, 10 VnA 4) 0 In) 0 014 a)'4) 0 '0 1 0.0 W-I0. 4) 0 fu 4) 44 0 - 0 0 - . 0) >4 A 14 ; .) 10 4 -k . >0 '4400- 0--~ r4 go14 > 140 4 0a- In 4) Q.-I 4 00. V00) 4A 0 4)I 0 U A.0-M 0 I) V.4) 4) 01 I) ) 14 r-4 V 9.' 14,-I ) 0 4 I Wn 0-4 4 "-I 0 r. 4 4 4 1 0V W I- )c 4 41 4) A) 0.4 0 I In 0)t -,41 0 1 4 (n I. '4)In4.00 )141 4) I 0 4) n0 vd 0Ie 41 ' in o- a) I 4) In 4 In In 4)- 4)0V00 $4) .0 1- 0 a) 0~ 0 0 to ; :1 u a0)V 1 1 41 0.00, 414 4J 0 10 Ujn4n 0-.4 ( z (a V 0 0) W400 14 000.n In 0 A H 14 In'0 4 U 0 to- $4 4) 40n -A -4 Z 0 00 m % 0 '00 14 0 0 04) 0)4) 01 4 4) 1 000 -4 -4 '0 04) 01 40 010 In I I* 14 ) 0 04 - U-,00) CO 014 900 I 44 0"1 0 .3C 04 A-0 O9 r 0 00 . Ulu 0 000.> '.40 0-I 14r 0 4 U 000 14 40414 4 0 >t X ) • '0 X "40.0 0140 '00.4 034) IA 14 In 4) 1-I'4 010 A14 V00 44 10 0.. 0000), 04V)00a 4).I A .0 P0 V14 -. 044 I4) 0 .4) %4 U0 1- A 4)4) I 0 14 014V 0.-I' V0 44 .404 0 04) -. 44) C0v 4).000 4-H o04 O r V V I4) In > tp k 4 0 k4 go40 4 14 1 . 00w34 0') "-IA0 0 4)4 >*.. 0 14 0 C 80 r4. >4k PO40 1-4 0 Po4 0 014.0 r-4 C4 .44)40 4)0 r. 0 A 4) * A 1 14' 00m t0 0 40 V0- 04)V k0 r3 I1 A )3 1 0 0 >, 14 4w4 0 In ila .- I0. 4) 10 I 0 4)- 0 Ine 34 A -4 0.4 04E- o10 4) .0 01J 14 4) -1 4 1 -MAV In 0 ?A E.4 In 1 In 0C 14 0 -44) 040 11 000I In U ) 0' (a .-0 It 0.'0 400 11"' 0• 4) 4- -4 4,-I 04)04 04)m u"4 0 044 0) 4) A1A414 4 V0 C In %4 N 4V 0. 1",o 140 v U xt 010 -to0 04)0 q 4e o 0 1 4)-H0>. A4 4) 4 0 U U.0 4J 0A 4 W414 0 0 0 44)..4 14) 0 .4 0 01 V ) .0 40 r " 4l- t C ) ) 0 .. 010 r-4 0),4 4 0 0 w400 3 X010E4- S .- 0 1-4 )14 0 -f til :1 4 1: 0 , 0 ,cu 0044H)'dM I A 4 0 0 0 AV 110:0 a) 0 0Io e ,, .0ll 4 t, W o, 1.4).V", 0 0 0A Ai to 0 r. .- 40 4) $ 4 V 4) 49 >J V'4 r- '4 In4)Z In 14 34.4. 0 0.0 In 0 0 0 14 k 0 0 r. O401 a) 4 4) X0 WM4 -M XA0-Ik-0 140 r4. ) A 4) 0 0 r0 0A 04 In 0)0-.- u , '0 140142 H 4J4J-440 0 0 0 P4 .H, 4> V I -, m (04) P0' 0 40442e 000-I U u, 0 A w 0 -.I0'O-OAOO ,,O 1..) 144-0 0 - ( 0 4C 4 0.1- 04 a. A403 k 0100 40 :3'0 In $4 >I -I 0 -14 0 0-I 100.w-HI 0 0 U4 V0.14 - 01044941401400 0 0 to 0.0 'A0A)3 0 0 to a w V -I. X00 4140 0 -I 0.4 00 V i A 004' 04)g H0-.4 04 -000 A 0 v ''A 4 W 0 4 ) 0) 0' 0 0 1 -'0 04' 00900,A00 0.A 0054404O#
Attachment 1, passage 397Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18935 These functions you will be answer "N". editing session did you made, the option of responses), the program must responses for future filings. 2.5) • , and identical to the answers on file with this question, and if you an Answer File already started. There are six N-SAR functions which may be chosen fron CHAPTER 3 N-SAR PC APPLICATION OPERATION selection has To illustrate, let us ansume tant aransmit an -SAR are selected either by highlighting the desired selection and responses to the SEC, (though you may also generate Answer Files transmitted since the last editing session in order to establish pressing SENTER> or by typing the number of the selection. transmitting an asser File containe the tranged generate a new Answer File (to contain only changed responses) changing any answers, the new Answer File would be situations!, "Edit Fox" should be used for the He Bron. to Chore you can us to gry coon chat you 3-1 It you enter le will contain more asters than the N-SAR PC Application Menu (See Figure Fident editu vosed answer dies est You would answer "y" to #-BAR PUNCTIONS (1) containing all of your new know if an Answer File has been the difference between old and new If you are uncertain of how to essentially empty. Header Screen. following These files Piles as a retord of your nose to estee do not have to be on separate diskettes, but each Answer File must have a unique name if you want to store more than one in the for dithet discussion of de Anster File Chapter 3, Section 8 2-24 "Archiving Your Answer File". commands.#
Attachment 1, passage 39818936 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 14J) 0 go 4) ,4 r" v00 0 0 $0 1-4 0 • 4 4. 0 %4 9 .4 -,00 0). l 0 4)U0 04, • 0 , 0 ~w30 O .40) .14 0"q 4u V U0 0 4) Id 00 go la0 M4)-4 0 0 440 -)) 44 0 V44 44 044 0 4),4 01000 4) 0 M . C0U)4 4. 0 I 0) 0U4 $4-4 000 0 0V .M4 01 .0 M 440 -0 4)P 0 t )j 0 0) 4) 409r 0 4)t ~0 "0 04.4 -H0 w& 0 4V Z .4 1 44 a . U-4 .) 0.4 0- o- *0 N. 4j 0) 0 4 0 0 to 0 44 = 44) r.) 0 10.0 .4 .4 40 0.0 .0' 00'1 44 o . 4j) 049 .0. 0 W 0- 0 0 10 w . .. 4 w04) 1600 44 .4) - 00) 00014 000 ! -I ,a) 09 4-4. H4P 4) 00 V 1.q4 0, 1 0.9 4 1 u to02 0 4J 4 4) 0 a 044A -4 0) 0 VOW) 0 .4 0 00 44 00 4.00 t En4) 44 .,I C 0 4 0 $40w 0 4-I .0 4 0' 0'a 4) 0110 4) .0-4 0.-U .4 0 t wO.0 .C: U C r. 4))00a .4 .04-C 9 0 w to0 k- 044 r 0C.,0 .~40 0 4jw M 0 .4 00 14 -0 0 ) 4)o 0 a) 0.4 "''4 M 4) -0.4 0j -4 4 4 4-4 .00W $4 V0 4j4.4 0 09- to40 04 V4)004) 4 >0 4 0 .4 .0 0 .H -4 4) 014) 0 W00 0 4)4) 00 A0 P. w. 0 4)0 01 0-.11 04 00 9.404 a A00 0j -4 4 0.0 04 r.44)u 4 0 00 >4 .C > ,- 0 -41.4-4 ,-4V 00 HOa)W 0 044 4J) .H 0 0 0 0 T0 0 :00 u0.0 00 w 0 4j 4) 00 4) 4)0 " ) U0-4 a to 11Wo4 v 4) -4 P0. 0 0.0. 0r Ul ) tn A, 0-- 0.>44 vu 0 .40 V w V 0M 0D 0 4.4) 0d4) 00H 4 to 4.401. 4 j0 0 4400400 .0k0 PIO4) 00 v4 CC 4) 4) -,1 t" o 00 :3.40 61 r 0 44 0r 01 4)V 0 4) 4)r040 0% 4 U -1> 4.4 0 0004)0 0 r. . 4)4) MV0 0~: 4) 44) o " 4) 0 4J)C 0 I 3 0 4 4 -0 0 14 4044V 04) A00 W 4 0 414) C .4 )0 44 0 0 A .V .4 0.4 1, ,10 'A 0Cw>4 0 0 .4.0 4.0 r- 4 ) 0) .4 0 - 9 0440 - -A 04M0.00 000J441 0 ,-004 40 0 .0 1 00 44 100-4'3 . r a 044 0 V 0o-4 to0V -I0 Ow 0 $4 g; a .4 0) -44 ' > 140 40 .40 x toMk 4 a) :9, 0> 0.$ Oa, O -"4 C ) r4 O 1 0 M 0 0 40 04 ->04 ) 004 0 010 4) 000t ( . 0 4 01 . p.4 -4 o k 4 >4. 4) 4 0 4 10 0 4)0 4)0 00 0 .04 0 A0 1.40 044 .4 > 0) 004..4 0 0 3 0 O0 000 44k 0 -. 4 0 oV , ,j) 0 04 . ,--4 0 0 0 040 04j .10).> . 4 -A aV ) O -0 U4:3 0 404 0 4j 0 Ia 1A41 0 2 En 0 0V 44.I MOV1A4 .4040>4040 to H0 H 0 0 0 4 04. 0 'w4) >4 mw 414400 0 .4 . 19O4V 00 - 04 4.1 a 02V0r.-. 0 .- 4 0)0, w )-H( 00 O 000103444444 440 ~ 44O MO. ,0 f4 18 oO >40C.A000 '-4 -0 4) 0 0o 44I .4 0 4 0 V.4440 0 -4 044 .' D4 0 ~0 .4 00 -4 4 4 . 4 04 A0--V> m0 00 OH 0:1.0,,• 0 M-H-AIV 0 E4 *M0 "q.404I E4 0 4 40 0 440 V 4 M. MW V 0) V.-4-4I A .40- u 00404 00r 00 44 4 0 4 > 1044 0.0000 44 40 00 jI 0-4:3 -4.00 40.4x000oP00 0 4j V 4 0 6 0 0 0 ) >4 0>4 0 M00.0 % v 0 >4 to 04-4.000 I .004 0.42r 1 M 0 014 .01 0 H W. 04) go 44. to0.0 U) 4 V 14 0 r 0.4 0 .0 41 0 .0 -14) 0. 4 0 0 4 044 -A 0% .0 44 0 >r to 04) r4 040 1fO-0 to44 440 044 0 04 0 0 0' .A4..0 00 04.- 440 -4) : )4 j0 0 0V 00 0. 0 0140 W0.0 0 0 4) 0 0 . - r-4 ,4 4 0 04 0 - 4 .04 "w -44) 0:30r W I4 0 Z4 -.> .4 0 0 M0 4) 4) W -40 $4 4)01 0 0 9) L:: 4j V 040r 0 04) 4) V 4) :3 0100 40.4 .0. .001)A4- 4)4j 0P 0 0 C 40 0 &44 0 ' 44) 00 00 0 En 0 0 V 4)04) .0.00 01 e24". 41 -4. 0 k0 w0 0 .4 W. v0 0 O44 000 00 43r. A 00 4 0U) 4) UOV 0P 44 40 0. 00 4) WVM Ca 00 I0., 40. X.4 0'4 1400 04j 0 1 4j 0>4 4j0 U 4 A0 0.9 U0 4-4.-I V 0 440 :3U .94- 44 00 044.0) *4) 0..4) 0o 00 4 004 .4) 4 )-4 4j )0 000 :3 44 0.4 $4-4 04 0 4 C 0 0 0 444 .4.4 •q 4 1 M,0 0 0)#
Attachment 1, passage 399Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18937 sales by Registrant (000's omitted) (000's omitted) acting i prancipals: 0110 transactions with entitles IRS Number Purchases List the 10 entities acting as principals with whom Registrant did the largest amount of toe curaent reporting pe coansactions during (IO BE ANSWERED IN TOTAL FOR ALL SERIES )egistrant Figure 3.1: Registrant Level Screen 23. Aggregate principal purchase/sale transactions of SCREEN NUMBER 12 Registrant during current reporting period. C. Total Purchases OD.Total Sales: 0° Name of Entity BATESS 18938 Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 00 0 0 00000 00000 0 0 40 .4 414 0 4 -4 0.4~00 .0 0 W ' a) mO N, ) 0 r 0 ow 04 00$414 0 4000 14 EM f OCa I 0)0) 4 -4 ) ))000 0)))0 1 4 :. 11 1110 C III I I 14 VIUM. Wil I I ., 4 11 4 011 S14 10 0140 111 ) r A140 $ ~I 0 1 1I1 1 M 1 2 m 110 .1 4) to "11114 4J 0 101WVIII10 9 P, 1 1 1I "4 - 40 144.O 0 11 4 ) ",1 9 1 1 0 " • 4 . 4 $4 1 4r10 ) 1 1 0o 0- - 4 M00014 'A 10441 ,- 0141 1 00 -04 W €G 44 0. 1 0 ) 04 . 0 IU3 .4 V 0 0 0 I 0-20a ) 1 01-1 0 I 0 1 E 1 40 t40V01 04J 444 4 004 4)4j4. >4 -AC0 014M00 j0 M 41O% 0 0 00 1 C- 4 "IdM2 o I :O 1, o-4 0 1 to .3 1 0U,- I I I f10 f0 4 00 04A4 0 0 to( 1 A 0 M M M0A>do .4 1 lo0 I) 000) -400 C ) )0 4)000 M k M.0A+V24 0 0-b 04 2 VA 0 t $4 0 Mto.400 0 W0d$4A 00.00O 040.4) 000 4 .40 464.)0 W m 000 0 00 0 - UO0t ks u a . I~ IO ogoi MX .14 0 -4 0 4w.f 4 4 111 4 -. 4 E44 14 0 01 04 0 4 0"-4 ~4 ~ 4 440 w4 4. w ~ o 44.4 S 0 r4 0 rq 0 H 0 H 0 I v O.4 0. 0.H 4 04.4 0.-I .4 U -H H 0 1 H .. .4 ~ ~ ~ 4 p4 . ~.#
Attachment 1, passage 400Federal Register / Vol. 58, , No. 67 / Friday, April 9, 1993 / Notices screen to You can the This (See Figure 3.4). The data on the current saved and the same and the same delete responses left arrow key may for the same exit the help You may either go ahead redisplayed with either different if you had previously entered more than one screen full of entries, or done from only those screens This causes the current (any screen on which is blinking) will cause a general entries to be saved and the previous screen full of entries to be redisplayed Help. Pressing this key from any data contain all of the in this section in an Holding down the control key while on which more than one screen full of To Pressing this key allows you to change number screen is displayed for the new Pressing this key allows you to delete the information displayed on the current screen for the series being edited. (The number of the series for which you want to delete information must be displayed in the upper right corner of the screen before the information can be deleted.) The program will then prompt you for and delete the information for the series or return to edit the screen. it ete ot be used to delete the entiren, per series number to the information a Although the F3 key can be used to blank answer fields, if not. question. This causes down the help screen to be displayed. entries can be made for the same question. screen, press any key. the series being edited. entries to be saved then add, edit, or the same question. abbreviated form. the current series is question. entry screen screen will cursor information confirmation. 3-9 to be answers, pressing also be series. series. tert Arrow (7) < F1> (8) < F2> <F3> <F4> -. (6) (9) (10) Screen 8 to Screen the next sereen (eg, tom Screen Tave previous screen (e.g., from Screen 8 to Pressing the page down key saves. dispen the retreen (eg., from Simultaneously atsplays he prep sons • 50 een out saving the detain t Holding down the control key while on a11 N-SAR screens, the nuber of the currentle series number, ep a more Being sace si che cype of Screen on inton you are cue entrat looseat They per em are to fole between screens and Screen 8). Screen 7). current screen. 3-8 C. BCREEN OPERATION (1) <PgDn> (3) <Ctr]><PgDn> (4) <Ctr1><PgUp> (5) Eight Arrows (2) <PgUp>#
Attachment 1, passage 40118940 V0 1 014 0 W4 0 03-4 0 0. 0 03.04 k >41 0. 03V)03r :3 W 4 k 0 03030 014014k k4 0 0 030 .0IM-40 0 41 V 0 0 V 0 Cm S030 M0 00 0) tA m4a) 0 .4.H 0 030 . 0- - 0 440.-4 fa 0 a W 3:11 .0 0 1 0 1 ~0 H 4 -4 V. 03004 030'314k303 V40J v 41' 0P -140 r - -0 031 w o30 "'4)0 00 03103V t014O w 00403 v 0-4 o,.'4 0304031 03 d 04 14 0V. V 0314V00' 4)0 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0 0 0 V0 0) a4 0u0 1403 :3 04r. 0 1 00 0 00 0 >10W A. >, -14 034) r- 14 k w .V4 4) .0031 11 DIV 04) '44 0-03 0%. WV 13 - 4 r 0 4 4)0. 0)30. -4 41)> 144V)to III r. W 0 WV 030 0 >40 0.4)t 0.0 M V 03Q, 3030 A0r-% Q3V0 034 03 014 1~ 034 -0 go 0 0 3 )V] 0 (a 4--k 033 14 0) 4)0 0C 0314 03 k4) 9140 to' r-4 00 .H toZ - 44 k 3 0 0) 3 4 0 k 0 a) 0 14 .-1 '14 U0 0A 14 03I 0I >40 0 0 3 .. 0 r 0. >. 9 , U41. 0 V s: 003- o 3 4 m , .. 14 W0. 0 0 03 4) 030 to 0) 4) 044 03m ,- > rC k W r. >.,. a) 4) 13 (a .0 r. 4)0 -0 003 .0 0 m0W 430 0E4 > V) V 4).,-V - 0 V .03 V) 0 go 11 1 V :0 0 C .4 >'>. 'A303- -03) If0) . >1 ' >. 0.-4)40 -I to).0V -M0 4) 03r- 4 1.1 0 -14) $030-40to4V-4 ., 0 0 0.11 030. =0 A.0 4) 0 003H'H a 03lu 0 034v 9 03v a) 0 .04) 0 4 .I - V 0 4o ) r 0 4 .,. 4 . X 3 -0' P44)Q VC XM0 0 44 m00, 0 , >3. 14 V001 - to3.- 4 4) 40 0-4 04 0'V 0 121 V 0 111 0r0.-4*4 0 3tc.m:.' V14 o40) ,* 4 a:o 0v M 0 .14 - 034 A k V U).>1> 01 A W •, V W'-A00 V)O0. W14 II-4 0 1 1 03 ) -4 0 00 4) k ,1 Vr. .i k r U ." U n.1 v4 0. 03 to 0303a 4)0u >4 C 000 rV ) 14 00 0303034V0In 0 10 0 3 4 k E4 V0% 1 -14 m k = r 030 00Cr.0-H40 0.g -H 31 $4) ,.4 13. ig W 1r3 V 4J 0 0.03o 0-H (a 3 (4 -Z C4 0 4 0VW- -~4 4 %U 0403 .44)..4) 0COO.- 03 03 4 0 m0 03 033 0- V 0 03 04) 414k 4k -M W00 0 C . P '4. u 0 0 X .9 kb*0 A 0 v 0 03n >%4 z >4 >4 z m 0 0 >4 z 'A 0;' z 0 0% 0. 03 4) (A >4 1G4 t P W-9 .44 do - I U 0 - gn 03 0. 4 $4 k - -4 4 03 0 01. 34) O3 0 0 3 U J4 ) to 4 en IV 14 03 0 4 -4 IG P4 W1. WG1.. . 4) ILI 014 r- 0 Do A 0 0 41 k 0 0 0A a) 4 4 4) o30 0 030 '44 x3 to 0 0 0 141 k 3 0g 0 0 V) 4.. 0 ->- .,- 00 0£ d 03 r, 1. 0 0 W. 00 0 03 03 r. > 0 0 4 z3 03 - 1 4 03 0 0 t k V~ V V4 4)4 14 Q. . - 0.4~ W U 0 w. 03 .k : r r. ) 0 3) 0 0 m3 a ; W 4 0 30 k k0 IA k4 V14* 03 4) 44 V 0W -A-A444 V04 :1 0 W-11 r go -A g g0' 031403e03 0 0.003 .0 13' ma0 '-44U3k03kV14400 03 1 0 03 a 0t 034 4 :3 J4 00 o 0P 03 6 1.,U>0V0 IC 0.0 >'m 0 0 . 0 0 $4.0 V o U 1 030 - 1 to 0 :>,0 0% a - to k 4 t U' 0 0 V00 3 V IX A . 341 4 3 0 ,0 M 4 '4 r r V 6 0 4) 0 * -0 . : 0.0 4O Uq "1 ..)~ o3 4'4.. 4) o 4) 4)041. 4 0 4 14 0 ( V 0 0 % .. 4 0 4 03 C Ma3 A0o. 0NI u0 0304 go x13#
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Attachment 1, passage 40318942 o14 00 0,,,, I 0,, 140 ".:3'4 4' .40.4. 4 >0 4 0 80.0 1 '4 . 0 ow 0.40 149. r01 0 4a0 40 0 H-40 N 011 W 4 >10 kw 1304,. >1 13 . 4004.00 14 1. 0.441 . 0 P rm 0 > 3.-0 M143I) 014 014.01.3,40 w r.> ) o .4.0 1. * 14 11,4U 12 4.8.400 0*.4 4 0 4 0. .0 014%400 a0k S;0V.4. 04 0 E 0 V00VJ-1 k0900 0go u000) Q000 W FA 14 48.4 4) 08> 4.C 4.44 (d 0414 000A40 *.4>40 W00.A4 V0- 4 0 En>. 010. 140 k. 4.8V am 4-4041w0 4.8 -40 .0 - w 90 ~.0 0 01V4 A MO00 * 046 k 4 0. V 0 A4 . 0 04 t 104 .4 0 Federal Reift / Vol. 58, No. 67 / Friday, Amril 9. 1993 / Notices 0'14 04 0 b'A 00a ,.4 go a. 40 C 4)MW 143 0 4j >014 4 0H 0 0 10. 0 143F 14 "-4 ,"r 0z %4 a30 000' 1 W.40 or" to 0 4 $4 0 14 P 0 A U) C, I 0 HA w A EU) v 48, .0 400 .40 U), 00m >'4 to (a 00 wA 0 w 08 48 04) 40 t > 14. 0 -A 440 0 E 0 me04.0 w 0 4 a 0 0 0u 0 W) 0- .0 0 4 4 -A 90. 0 .40,4 014 >A.V A441 . 0 400 O 449 U 0 Ogo 0>. ~480,44 0.> .044 >6 418 0 04 8 C4 0001 0.o 0 14 0 0 p.4 w4>. 0 0w 03-4. 4/•O0 ,4, 0 0 001..I > 0 4 .4 14 :Q .04 0 Di 00 001 9 W- r 0 004 40 "0 a 4 ,4 q3 4 .0 H z 0.4 4 14 , 0 0 4 44 (q' 0104 0 $A )4)0008. Id4.4 480 H04 444 a ;8140 . 00'a 0 0 -A "fa 61 V 29 0 091 04>.> 0.g0 0 0 w-O4 $4 0 0 0.48. -4 0 48.0 A 4A144 . 048 00 =: ':: 0480' '40. 048 -A -4 8 .0 . 1. 14 4j",4 0 a o M% r-0 04.0 .4 :3" 0.4 . 000 0' .:4v ' >0 0n 04 4 - 14 4 4 0 ( 00. 0 U)4I8 w00 48 ( 04j- 946 3 0 w4 394j 0 M C448 0 410OA, ul 0 0 10 00' 41 a .0.4 D 48 00 003 W-0 0 1.4 q om 04 a C 414 0 0 ('.0 0W 0140004 4 0444 .80 0 40 0044.C .,.,4- 'C4) i 4 0 0U' 014 j 4.80 40w A 448. V 0F00.4 04 48 C 4 :3 z:9 140 r W 0 4 000. .0'000A k E E4 90, 022J0. 0 00 00. 048 0. a 0 "14W 0.00 14 0 14 0 * Oj V to a 0 w0O4 tH 0u 0 -Io U 04.0 0 N 9• w4 u -A.WIOw 4 4W00' 14ol 0 z d0. >, .0 q -. 0 z 414 4 ) 4 ,4 , € FA 0 . -,-4 8 ) 0 0 -0 0 0 En. 00 0 m a 14 t 4 .0 -,-M -4 , 0 0 I a) 0 00 00 is 0410k u -40 0 0 t 0 00 4 00.0 04o00 0.4.14 0.04 1 g C .. 0)9 4k4 0 94j En U 0 40.1 0 1 k0 0140 k0 tk0 .44-A ,4 01.0 A01. 400 0 484 00(0 P 10 -94 cc 1404.04 0. r 14140.0000 004949 0.0 031 r 0 4.81%SCO u .1 ".4 9a .0 0 0R04.C>0 0 k 00.00 0 14 13 m km4 040 a8 A 4toa4m00 0'~0 .0MO- 00u40 r 1 0 0A0 0)o 1 H *4-I >,A.4 14 09 rqk1 ox.4 4000 140-90*00 0> 00.4 w (.4 04 000 (0 W >Ic -q u0 00k0" w 000I .14 >. 4048 0 a)0.-4004) 014 k o 4 4 .- 4 .9 0 .k 0 .0 w e ,0 4 4 8 14tA 0 04 0 0 j4)4 1 40> W 4.1~ a 38 0 0 .I0 40 4k01.a .0 I 010 A0014 0000 e 041 0 014 4a)0.00>.' 0 1C (00 00,4.4 0.0 01.2 iZ.41.4 041..A. wW#
Attachment 1, passage 404Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18943 -14 MM 4 t4 r. 0Q) .,I 4. ) o -'4 r 0 0 0 00 03 H -4 " u 40 00 N% m.J.4 1w'N . h z A 0.4 C It o CD w) 34 0('1N m W ^Po o ' o o4) A 0- Z AO PQ* m W0 1NP - Nj 'I- (A *O fn W..4N A 0 H2". .4( 4H C A) 0 -4Lf N4 0000000000000 in H A A A P-W 0I00N0E00 00 00 0 E43.U 1 0000000000000000000000 0H U)O AN8)' 4M 00000000000000001000000 A H H) 04.I. 23.3 U A0000000000000000000000Id 04 H 4,w1. . M .U E 4Q 44Q S O H Pj m ~ 0 0 0 0 0 0 0 0 0400 0 A V :) U)VVH IVVVV 0 . . N) 0 0 00 NNNoooooooooNIEO v v Nv vv oooo000000000000000000000H vv#
Attachment 1, passage 40518944 4 ,-4 0) 0 1.. 4 o 1 *. -,. 0 0 .0)4(0 r 0) 40 ~00 , 1 a)Ir., . P404 . 0 4 1 04 0 0 0 Q I 4J > 0 0) w t ro- 40 k " . E 8 r; .,4M U) P M 0 44) 4)4 -0 W) 4). 13 0 .) 4 J . .41 -,0 - 0 -d 00) 41 0 F1 440V10 A1 0.440V 09 4 N-4 -H)00 4 4V Z II A 44 A Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices .0 40 4 WW V 4W 1 0) 1~ 4 )0C 40) 4 0 (.- 04 10) 4W0 0. I0 a)4 4 00 -4 044 44 0 ) 130 o)to 4J44 0. 0 0 0 44 40) 44 140)040 -H4 A)) .9 .4 0 .-. -1 0J 4 P 140)4 0 4' 4 00) 0 0 to .- 4-9 439A 4a 4 kW 4 0 4 04 u- 44.)4 1 VM 0m U0 4 4 4H 440 90) 4j -4 44LO)0 .- 0 -4 .-4 0 k.0 .0) 41 -0 0,4 0) 0, 44 M4 0 0) (0 t o ) 0) . k0 0 - a-,14i Ln 0.- 4.) ( 014J 10 -'q.. o 04 C-.-4j 44 '0 :1 4 0'0).Q 0 r 0 ) 404., 4). 0 .-4 .- m ,44 13 w to -o 0o0 (04m -. o ,0440 0 0 i 4) 0 0 ..,4 t .4 r- n W 0 -40 J 41 -4 0a0 % 4 P,0 1_ ., 04 0 'a .. 440 444 04 440 I4II 0 W .0. 0 14 I 0)-4 4j~ .4 to 44 0 C4 VOC4-440 v0 1 *10)4 0 Q0-44 0)0V 1 0)4t 0).44 W 9 ~0 tO $4 0 0 VC.) 0. I4' 20)0-4 01 ) q 0 1 0 o' 0 0 .0)4 .T' 0 -- 4 1.0 -4 0a 0 A MH S3 0 -4 4A 0 4444 )144 0 -A0 -4q t)N 44 1400 •4 -4 4 3 go 0 H ) I-n 0)0 0 0 a) 444 -4 -4 0.-I 0 44 0 -4 4 4440) t0)4 W0 ' % -4D 44S 0) 0 4 ~0 40 &I 4 W Ia.) to-4 0 0 4410 44 0v Iz 444 Z.0 0 ,. o 44 0 0 040 044 0) 0 to, 2 o 44.0 1 0-I 0) 40 ) 0)-0 €1 0 i o r4 0 -4 41t .0 01 a 4 0 0 M .41 4 0.0) to0) -41 to .04 tn 14 1q4 4J0 , 0 W4 0)2 0) ~0 r '4 00 '.4 ,i 0) 00 0) 4j .,I "14 44-)A 4 4 0 0) 00)O 0 0) C .A4 0) 044 -4M ( 4 to 0 q3 .t-4 N, -4 0 0. ~01 04414M wkr low '44 0) 0 'a'4j O4 to--I . .- H to0)0) 140 4 $4 4 • -4) . , 0) 0 gm 90 00 -- 4 4 0)0 4 1 10 H E4 0 0 IN'0 Z4 ' FA) C -4 M0 I40)A o 1 .4 IA0 0 -41 4 W4jxt 444 r) H)4#
Attachment 1, passage 40641A . .C. M .0 0/'4"1 k 4) H (o 14 ,40 M .. -Mo a t3 4)4.1 9:- 14 14 M 411.0 P.. 140%4 W) 0.4 r 4) b 04. 0,0 0: '-44 4 4 4)4 4) 4 k4) 0..-4 0) 4) (P)g 4) -. 4 4) 140 g 04%4I C 0 4 -4 ,.1 74 V 41 ) 0 C E- 14 r- 0 "..4 4 '0 04 4) go 4 M , 0 44A 904, i I r. v : 4 4)9 0 M -. 4414 4j0 414 V'W41 0 .- I La : 4)0 4 1441 4-A Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18945 V90 0 a' 0o4H)4) .4) 'H4 4 ) 4.004 w)0%1) 0.4) ' :3 oo 44)4) 4.4 0 4 o (00 412 4 0. :30 0 :3 0001414k ) i0 o 4) 00 0.044 W 4 . 1 44. .0 44444 4)U(M)0 0 to4044 to n 00 w S.- r1.0 s4' o..4 0.0)4- -14 04) Pk .0 4) 0 42 - 0. :34) .04 444)0 $4 1 14 .0 I4 4)20 0C 4j - C .. 4 :3 -H 4) A0. to 1 A o4) .A4.) .010.v 41 0 OI 4-0 r. .0 I1 V 0 ID 0 4 k 42A- ,,1 0 0 U LO0 V 0 4j 1 0 I 4-.0 O M.C I ) 4)4)1) 04> I )4..-4 ) I 14041.0c 1440 0 H4v ) t Iu41)41> 0.- '0 7 424 v 0 ' 4 t- 0. (0-. o U)' r 0 0 '.0 0 41 to* 0Z. , O 4.4 .4 . .440 0 1 4) V-0. I 0 a.4.0~) ) 0 ) 42 A '0 U411 r. 4). 0 0' A12 to _4 r 41 10 4j) - 4 40 U X* 0 0 04) 1)4 L to I ow tP0 M r420 44 ) 1 41 0V 42 .4) 0 ., . 0 t -4 41 0 02 '4 4 -40 ~ 4 441 0 S41 41 .0.0 '41 4) 42 t) 13n. .401 44) 40 w 400 f o u W44r-4 4) • ,-4 40 -1 0 01 z -4 $4 0 to a)420 14 .14 04 4) r 24 4)) -H to .4 4) t 1 420C 0 S C 0 -4 1 0 4) 1 V) u 4 41 4 , 4) I M H-44 4)> 14 4) -4. 0. 4 C , , " 1 - I4 r-0,1 . 4 I' 0-- 0 4)2 4 o . - 4) 0a)00 0 a) 4 H 4)-4>)M.P * .V>...400 4) , o. ,4 (0 - - . • $4. • . A ' 0 14 1 3O S0 14 ofo D 0 * U 110 a) to 0, .0 , 43 ,. U - A' ~ 414)0 k to-H.4 0U 4)a D - 1 ) •1 r. l -1 - 0 -H to Z- 0 H v) -M 0 ) - 1 R tl 1 0 r. U1 r 03 1 .04)4 V W 04) DI " > > 1 r VWV4 0 4) 24) ) (D V0 0- E[ $4U , -. 4 4) -4 -4H C 0) A > 44w 140 4) -4H.14E4H42'0 .'1 En A041 M 4.14H40 (a0. 00q r .1 I:1,~~~~~~t o0l. . . m .. 1)44 C 4 , 44 .4)( -1 .0 M.-4 0. 'H " . w .44) :1 ozo0w 0 4w a) V 9 0 - If -u) .0 1 w - a) 13 C 0 .4 EO 0424) 1 14 00 r 4) 1-114 U 10 0 44 4)> 44 1 4) 13 442.....4(a.' to rq 0 )2-..--q 4 44)1444.11 0 V - 410 9 .01 M. 4)41 ) . 0) V 0w C0 0 34044)9 0 V *.4 4)00'-'UA,0) $4 -H4 0 ).14) euv , E 44400 M. 2 ) 4j r.)4V4)4) . V 42 04 ) 044 0 1 4)40,-,42 W 21 41F144440 H V rl)~ . 0-4 00 4)V El wa V 0 0 0 4 44 .#
Attachment 1, passage 40718946 00 4." 94) 0 04 0 > 0) M 0 14 w Ole 0 0 Q,4 r4.0 $ 4) a)~ a) -000. a 00of0 0 r" 10 W4Cu 14 I.4 U0 0. 4.) U 0 .. V C V ai) FA to .44 0 N4 H a) 0 01 Federal Register / Vol. 58, No. 67 / Friday, April 9. 1993 / Notices (D C. 01 I C 4 0)f C 0 -1 too 1 A 0 49 ~0 4) 0"4 -4 - I " a to 4 0~ -14) I 00-'1~0- " 4 .1~0 .- I 0 on. . "4 00 at 10 0MA0014v1 o 090 00d)g 1 V0 to4)- ) - ) dI ,4 00 g kI 014 wwo 4) 4 0 0 I 0JO Iw 4m)0f 14 1 0 0 4 4 0) 04.A r ix 4 9 04 0 CO4 mu. H 0 to t I o I-4 I0 o I- I0 I to I pq 1 0A I d IV I ' v 1 I a) I 44 40 U 0 I) 14 IV0 IJ. 000 I4 014>.t I "44C 01"4 .0 0aa to 00 4) r-.4 V0 S 40 00 04Q9 4 0 D )r - 0 1.4 )V-0 $ "40 H w0-C 4 v~ 1. 1400 0) 00 a":4.0-0gOMA 0.C0 ,-0 C -.C to o - 0 r.4.) 0. VO >4 0 U p 0~4 0 0 40 0 ~ H iv0 0 Q 'H %41 to .O. CDf 4 0 1z 44- .0 v m w -H ~ 0 w x 0) M~4 4 11 .V 0 04 4 Z 9 0 W0 04 *"W 4 0 . 4 qq O04 4WC A 0H V4 2) g 4 4 ,C 41 4 1 L, . a 50> 0 8 44"4 0 ' r0 V3 0 v . 4 ) 0 C 4 a)Q 0 0. I - 0 t toJ,- L04 0~ 0 00~ :9 C 001 0 ', E4 Q0 W0 M ) 1 V40>I - 02 - - 0 4) of 4"0 HW4 4 0 - >1 10 44 J1It 0 00 WO 0 0 C .4 *d.~0. 9 P. I a0 0 V 0.H u) kI -- 4 0 > WW 0 91 40 -004' a)~ 0H 0 m 9: 0 04 0 'r a 44 g 0 0 v 3 OH 041 t )0 404 0 M 0 4 F1 4. 0 0 $V4 r1 0 w .. 040 $ 0 r fu~O 0 w A40 w 4 04 twVzH291 >1 Sh 14.-. ' I 0V.-4-.C4VX 0 1 - "4 I "4 I lO-' 0.11 .1 • € q4 ) V U) :90 3I 0 0 1 1 44 r. 0 4 "-" ,1 0 N 0 , 4 0 V z 'a 0 04 0a .0 r. 4 V I V C 0 W 0 -4 1 ,4-1 0 4. 4 .8V. .I "4 0 0a0 4 ., .,1 1 ) 14 C . 4.4 I ~ 100 94 14)1"4 010 44. ' 044 0 0) V V 1t :.. 0 .1 -0 4 "4 0 -4' -40 10a 0 r I ' 0 -0 :1 4j0 14"4 0 > I "0 r. R 0.q00 14 .- A 0A 460 0v - 144 W - I0 z z1#
Attachment 1, passage 408Federal | Kegister / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18947 for The exhibit software provide pompt!! be xeturned to a bos currently for filing exhibits on paper when communications ---------m- RESULT not electronically instructions for electronic sonision may be fond in conte The N-SAR application produces a report in a standardized does incorporation of exhibits into the electronic format; therefore, electronic filers of Form N-SAR will need to file any required attached to an electronically filed Form N-SAR, the Commission must receive form SE no later than the date on which the electronic Inden the exibit relates should clearly identify the fling to filing of the form to which Form SE relates is made. contains application filings C. TRANSMIT THE BUBMISBION Filer Manual, sections 5.12. Dr. EXIT FROM EDGARLINK Select Exit to DOS from the The EDGARLinK EDGARLink Main menu. transmitting exhibits on paper. ACTION ----------- E. EXHIBITS format. a completed submission.. This file is named with the same the Submission File name on screen and press ‹ENTER›. use poth processes. EDGARLink error-checking is intended to identify most of the EDGARLink creates a new file that identifies and locates the tile name as the submission file, but with an .ERR extension, and To check for EDGARLink errors, select "Check for Errors bress ta name of t message does of the Error toeck Filing screen will display information about errors found and warnings To view the contents of the error file, select Correct Errors 'actors that may cause a filing to be suspended by the SEC. about the submission. Press any key to return to the Main Menu. Error File name will automatically be displayed. Press ‹ENTER› to EDGARLink is performed You should i in Filing" on the EDGARLink Main Menu and press ‹ENTER›. is used in the error-correction process. and press ‹ENTER>. B. EDGARLİnK ERROR CHECKING lor Invalid characters. PC Application. errors in the submission file. the EDGARLink Correction Editor get to a screen displaying errors. you entered using EDGARLinK. checking with -. NOTB: in Filing,#
Attachment 1, passage 40918948 Federal Register Vol. 58, No. 67 / Friday, April 9, 1993 / Notices DOS the the N-SAR PC "at the DOS DOS tells the machine how prompt looks like "C:>" are stored on either the A: This will usually look like the default, or the keyboard, screen, disk drives, A few moments after turning on letter of the new default drive KENTER> When using Every time you turn on a PC it loads C: \>A: ‹ENTER> Concondy referred to a system dike those telete as in ment it ver alto so e prout wild Into a back ast he. C: >PROMPT SPSG c: \> C: INSAR that it includes the directory. to operate and interact with BONE HS-DOS BABICE For example: the prompt •OI BONE K3-DOS BASICE#
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Attachment 1, passage 41118950 low. 4) NO P.-'4 4)0. UO 00 U-4 0 0 Ma 0 C0 wo , 04 U .1 >.r Plow Z- 0.0 .00. 0 0 -0 4) Ai l MV4 00 0. 3.4 00 14 0 f" 0.04 )Uk 0 034 3.4 tP~ "0 434- o E. 4 0400 0 WO . 0 00 w 40 0 %. 0 M4-4 > 0.44 O V 4 0 V0 4)0.00,. 4 UM4.0 a ~4) O 0J w 0A 0 : 0-4 .4 03O.100 to >1 0.100 30 001 V k 4) 14 004 0 in 0 0.14 0 434 0 1>1 f) 0t Id 140 VA. 0 0 4) >0 4 -M P4 44 -1V4 0 0 .0 3 1 C I t. 44) m A0 0 0 CO 3.1.34> Federal Register / Vol. 58, No. 67 / Friday, April 9,' 1993 / Notices AA 3. E -V 0 • .0 I ,- S.4 0- .a) ON4 .,1 4 - 0 :H ; 4 v 4-I- 0,,, O 4) r.. 4 .,0 34 0 4010 V4) 4 . m4) to -0 4) 4 -4 - • .,-4) 4 H . 0 4.-4 _4 4) -.- .4) 4)4 , l44 0-4 V4 O OW 4) 0 a.4 U.C 4 4)o > 4 V0 "I v A v 4 k 0 - 0 , t C "4 V- 0i r4 P 0) -4 0 4) r. 90 *04.4 U0 V4 .40 O 4 0 .0 A 0 4.4 O0, m4.4 o V 0.4 4 ( 00 ';' 0-4 A m .4 0.4.40 3.4 4.4 0N -4 A E4 >4 4. I -1 .,'4 0 .0 0 1H-,- - 4) V C 0 4..0 4 0 oO -4 0 4) 4.0 . W 0 0H 40 0 4)0 91 0 4) 0 r Q .,-V4 - 9 WO I) 0m4J o9 .04 w 010 0 I34 0) 0 V4.40 '4 0 40 V A 0 > 4)>-V-40 4)O 4-I ,4.J00 O4)A 4&0 0-130 V $4 CO " 0 W4.04.- Id44 0 0 E0v400 to(0 A o 4 4) M 0-A t 1 -1r Uo 0 0 VO0>4 *0 0.34H00V0 >,4)• -, to M,44 0 0>0. 0 HV) .0 > V 13 >A 34 g O. 0. 4- $.4 0 0) (D m m 4 A U 4)34 30W44 0D VD0 P1 0.to-40. 0 En 4 P. 90 0 , a444V>A 4 0 V4 AA4)0> 00 t >). 0 4M 1K 4a-4 4 400. 0 044 A 0 .40 4 A 0 01 r. 4 04 40 90H 0 0 4) V 04)1 o 4)4 00-I 4 11 0 3.1 000 0. 0 0 m-- w0.4 0 0.V . r04. V d U u ... 0V0 0 >V 4)30 0 0 00.0k4 w 0 0 90) 0 0 WA43W14-43.0 3.. 0 04) 0) O 4 4 00 04 .4 r.0 *.V ,I.V4. H . V0 0 1 .- 4 H C O E 00 4 4 . 400 U.4 0.4.- 0 to-10. 0I 44 u 0 .4), 0.4) 4'..444 -I H0)4) a4) M 4.) 0.4 -.- 1 *.. VA.4 .A4 0 4).44 4) 4j -0.40 04) .4 t .19 to 0 0 V1 40 04V)C 1044) 4)01 0>4 000 -4 0.O o0 4) .4) 040 0 m-I V > 4 0.140 t .o ,- A-I 00>4034 4).4 0 0 >1 )0>4 -4. -4 to0 0I0 0.- A -I G I 4 ) " 4 OA 4 4)- 0. 00 43*- 04 044 04H 9:-4 0434 00 4 4-44 -14 .0.0 V0. -H 4 V V .4 > I4 a) J4.4 0-O 0 V - r (a 4) .(a 40 ) 4A -4 P. 000444 to V U 14 0 0Ar 4 0 to 4)0 IV4) AOVAt H0 0 03A r0 C0 10 A 0%4 AM0 -I4) C4 4) r 0 34 *4 04.4 00 0 r 0 4J H M 4.-4 3. a) 0d 4) to-4 A Ar. m 41 4 00 0 4) 4 0-04.4 m.. 04 0" 004 A 000.00 4. 0 0 4.4r 1 00 4) -4 r -. 4 ,I S>.0V 404V W >4 00 4)V 0. u 0 4) 0 0. 4400 0i m 1 0.4 4) ) 4) A V4) 0 Oo0 0M v 1 U0. V 0 0.-4 > C 04) 0 0 0 .4 O 4) 0 ' >. -40 0 3. .. A 4 oV to A A -A .44C S 0-4wV 0 0 . 4. 4 -4 M.440) 0 1 0.3 0)V 0 W44 4440 >,A 00 000 o ) ( 4..( U -I4.V.0 0 .4 4) It-H VV4 00 A V 0u.14.- V- 00 ) fO 0. AU to ' O% OO to 04 0>4 41 M 4 m OD 0 f >4 r. W 0 AV >o . 4) 0 00. 00.A > . . .0 3w 0 4)Oj -04 1 ) 4t)U0 404-I 04) ) k 404 0.04) m 04 44 OA 4)..4 0 U0 C 0 0) 0 w0 '4.4 34040p~ 4) to M 0 4 -4. 0 0 4 V P. >0f 4)0( 44.44.M 10 V - 0 0.30 00 0) u( rVO -4-.0%-. .o o 0 . 4 4) r. O .'044 u A. 00t 0 0.11 4M0 >.4 0 00 A 04.400Q 0 4) 4 -40V I 0. 4) 0 4 U)A .A '10 tom W0. 00C344) 3- 4) JM -4E H 4.1a 1,- >4a)0 0 .1400 IQ .14 C 4. 04.4 0 -0..-44 >000 0 40 44 0 -0.-.ito 4 0 0 4.4J4 E 'A- U0r0 0 to 0% 0- >4 r4E.4 V4 .0 0000 0A 40.4.M400 .- 4'4V C4 $ ( V 4)440 W-4JV 0 4 AWA30 - 4) W '1 2 4 tom40. .4 *. 0444 O V V t0 A 04.4000 0)4 g Vt 040 to403 40 u 4 0 0.0 ~ 0 14)0 )? 0 0 .0 0 04 4) 4 3 0 .400.4 AOO V4) 04) 04 r00) Id 4) 1344 04.340m0V.440 V 0 00. 00.0444) w tog-40 0 000 A~0 00.00 4 44034.0 A0. C 0 40 014.40 V -. (3 4 > 0 44 ) 0.00t 0 -4 0 0 A -I 0 0Q4 0.V#
Attachment 1, passage 412Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18951 , m 4 8. 00 44) 41 4) 44' -4 4) 14) H4) k) 4) a k r ~4) r 0 r-4 go 0.4-A 960. 04 %4 r-4-(A4 0 443 z >,A H. 4) H 4) 0.-1 HE43. P4 :3C H P. A4 1% . OH N 11 1J4 04 0 0000)444 mj) 44.4 CH H>"v .)Z 0 A; H4E ra0 0'4 *44) 4)9 244 04w)S 4 0-r-4 0 4 0 0d N 34 4) H) 43 0 11 w 0'4 0 m :1 P4) 4 4)4 toH 41 H 4) r- >4 .44 14 14 4)4) I~ 0 M03 4 H4 14 J 44 0' m 3 00.4 H4) 0)33 ~411 A3 0 .4 v r 3.4H.4 V4 0 0 ffH -A4 m 0049H 044. LH-4 (03O44.0 0. 44 4 r H1 4)4 I.. x 0 C w H A w4 2. 41 4) (n H41 3.4. .4 $ 8 0 0 1 M.. . 0 -W, rk . 9: A 4 tyl 0 -,4 v -1 4.4 14 4 m 4 o I o ") C 4 ) 0 4 k 0 4 0 0 4.4 '.4• 14 S4 .4) Oct) V 11 04 .1 1R952 18952 Federal Resister / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 0 w M ) 44 $ 0 0 r 4 12 4 0 o M, r Sen IE C3 N Ml N 0['. h h0 l4 0 0 N >-zz 04Uzza NW (.2.4 4 4 W N 0 0 N O 0 0 , A kN., A 0 ooooooo 0 A , z 00o0 A Cl) A .41( 4 H .I - OH u~ ~ 0) E4 N Zzwm WNO=Hh H.'~m 4m 000000000000000O4O00000 A 0.4-2 Z N U N 2 Z O0 (4 H HUO vvv FAVVH Ivv 08 Sa 'l 8 00000000000000000000,0 A 0 v H A A H 0000000000000000000000 t14 0 9/ Hq 0 00 0 000NNM ~ t04 a)- HA 0) A 0"--" (4 I 0 0 0 0 0 00 0 0 0 0 . 01 m U 0 O 44 1 H 44 k P 1J. 0 M, QH 44 0 . 444 V Pk C6 4FA 14 .0 . 4.H -A0) 44-4 4 -4. H 4 14 14 0 W 0 14 - 00)140 01 4 0 o1 4 '0 P. 0 &' 0 0 4' U %24 0 )04#
Attachment 1, passage 413Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18953 each answer is sers At for me 2a series (blank if no letter is ("00" if no subnumber is whe thee for a noee than item/number/letter/subname given a enter person applicable) applicable) answers) number) • APPENDIX C ANSWER KEY was provided for the fund's fourth series, and relates to the Meaning Item letter Item subnumber Series Repetition investment adviser named. investment adviser is Íocated). columns 1-3 4-5 6-7 8-9 10-11 third 18954 Federal Ragiuter / Vol. 58, No. 67 I Friday, April 9, 1993 I Notices 0? >-4 H 0 U X 54 H 'A o z 0 'A#
Attachment 1, passage 414Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices 18955 The Reconstruction If there are no corrupted To do this, change to the corrupted records, If it does, make sure your printer Your computer will display the screen shown in Attachment A. Instructions for Using N-SAR Database Reconstruction Utility drive and a reedy where REBUt tre teen es and typeange to the response to the prompt, enter the drive and subdirectory in It the Reconstruction Utility finds corrupted records on You should get a printout that lists N-SAR answers that have Yo a DELTED. 1XT le, end rebuild the datad se and index 1 tee. A file called DELETED.TXT should appear in the same subdirectory example, the database files are in NSAR\DATA, at C:>, type: records, you will see the screen in Attachment B. subdirectory where your database files are located. it will extract PRINT DELETED. IXT «ENTER≥ SPINGAR\DATA < ENTER>. Utility will examine the databases. DIR •. TXT < ENTER>. REBUILD of the N-SAR PC Application. been deleted from your database. At C: \NSAR\DATA>, type: as your database files. turned on and type: Version 1.0 Il you experience any of If you find this The Reconstruction Utility the database files. the error message does NOT appear contact Carolyn Miller, at (202) 272-3784, to report appears on your screen while you are using the N-SAR Database Reconstruction Utility in the electronic filing the problems described below while using Version 3.0, please try the Reconstruction Utility, using the following instructions. You may have corrupted database and/or index files if an condition, you have damaged database and/or index files, and you designed se testered Rental tigrity or the database and None of the answers you have entered on the database are lost if the database files become corrupted, but those few that extracts from the database the answers that have been corrupted D-3 Bepairing Damaged Files with the Reconstruction Utility and lists them in a separate file called "DELETED.TXT". using the utility, you can print out this file and reenter created by the Application to be corrupted. index files used by the N-SAR PC Application. package for Form N-SAR as a safeguard. have been corrupted must be removed. N-SAR PC Application N-SAR PC Application, and Reconstruction Utility Also, please the problems.#
Attachment 1, passage 41518956 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Notices I I 0 0 r4 0 0 V to4) 0 M 0 4 V 0 0 0 00 4 0 41 1 0 -A' A' 140 0 0 " %4M . 0 t 00 1 0r0 C r 0%4 0 0 ~0 0 41 r r00 14 0 j 0 "4 4, .t * -0 0 0 0 00 00 0 t E4 E43 % in A [9 R o 41 U 0 o V ., 0 4.1 0 0 U to..4 -00 WFR Doc. 93-8094 Filed 4-"- SIS so OLLNG C0DE UIO-O-C Friday April 9, 1993 Part III Department of Transportation Federal Aviation Administration 14 CFR Part 23 Small Airplane Airworthiness Review Program Amendment No. 3; Final Rule#
Attachment 1, passage 41618958 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. 26344; Amendment No. 23-43] RIN 2120-AD30 Small Airplane Airworthiness Review Program Amendment No. 3 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This final rule amends the powerplant and equipment dirworthiness standards for normal, utility, acrobatic, and commuter category airplanes. This amendment is based on certain proposals and recommendations discussed at the Small Airplane Airworthiness Review Conference held on October 22-26, 1984, in St. Louis, Missouri, and arises from the recognition by both government and industry, that upgraded standards are needed to maintain an acceptable level of safety for small airplanes. EFFECTIVE DATE: May 10, 1993. FOR FURTHER INFORMATION CONTACT: Norman R. Vetter, Aerospace Engineer, Standards Office (ACE-112), Small Airplane Directorate, Aircraft Certification Service, Federal Aviation Administration, room 1544, 601 East 12th Street, Kansas City, Missouri 64106; telephone (816) 426-5688. SUPPLEMENTARY INFORMATION: Background Regulatory History This amendment is based on Notice of Proposed Rulemaking (NPRM), Notice No. 90-23, which was published on October 3, 1990 (55 FR 40598). Comments to the NPRM were requested with a closing date of April 1, 1991. On two subsequent occasions, the comment period was reopened by Notice Nos. 90- 23A (56 FR 23813, May 24, 1991) and 90-23B (56 FR 33688, July 22, 1991). All comments received have been considered in adopting this amendment. Discussion of Comments General Interested persons were invited to participate in the development of these final rules by submitting written data, views, or arguments. Eleven commenters responded to Notice Nos. 90-23, 90-23A, and 90-23B. Changes, both substantive and editorial, have been made on the basis of relevant comments and on further review by the FAA. Two commenters support the adoption of these proposals and commend the FAA for proposing to upgrade the regulations. One commenter states "The rules you are trying to work up into a master plan are getting too complex" and "The cost to the aviation industry has skyrocketed out of sight for the common flyer. These changes you are proposing (are) just putting the price even higher." The commenter further states "The greatest concern in the aviation industry is not these rules and regulations but with the liability insurance issue * * *. There must be a cap put on insurance claims and stop these large claims." Several general comments ranged from indicating concurrence with all proposals to a concern that the proposed changes will result in increased costs to design and manufacture small airplanes. One commenter questions why the NPRM is entitled "Small Airplane" instead of "Small Aircraft" as defined in § 1.1. The difference lies in the definitions of "airplane" and "aircraft"; also included in § 1.1. Discussion of Comments to Specific Sections of Part 23. The following comments and discussions are keyed to like-numbered proposals in Notice No. 90-23. Comments of an editorial nature are not discussed. In preparing this final rule, the FAA has not adopted a total of 10 proposals from the NPRM. This results in a mismatch between the proposal numbers as discussed in this preamble and the amendment numbers included in the amendatory portion of this final rule. The following table provides the necessary cross reference: Cross Reference Table Proposal Amend. I Proposal] Amend- No. ment No. No. ment No. 1 2 3 4 5 6 not adopt- ed 1 ........... not 43 52 ........... adopt- ed 9 ........... • not 53 ........... adopt- not adopt- ed ed 10 ......... not 54 ........... 44 adopt- ed Cross Reference Table-Continued Proposal Amend- Proposal Amend- No. I ment No. No. I ment No. 11 ......... not adopt- ed 12 ......... not 56 ........... adopt- ed 7 13 ......... 14 ......... 8 15 ......... 9 10 16 ......... 11 17 ......... 12 18 ......... 19 ......... 13 14 20 ......... 15 21 ......... 22 ......... 16 17 23 ......... 24 ......... 18 19 25 ......... 20 26 ......... 27 ......... 21 22 28 ......... 29 ......... 23 24 30 ......... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... 25 31 ......... not 32 ......... ........... ...........adopt- ed 33 ......... 26 34 ......... 27 35 ......... 28 36 ......... 29 37 ......... 30 38 ......... not 77 ........... 78 ........... 79 ........... 80 ........... 81 ........... 82 ........... adopt- ed 39 ......... 31 40 ......... 32 41 ......... not ........... 73 ........... 74 ........... 75 adopt- ed 33 42 ......... 43 ......... 34 44 ......... 35 ........... 76 ........... 77 ........... 78 Proposal 1. An updated authority citation is required for each regulatory amendment. The authority citation is adopted as proposed. Proposal 2.. This proposes to amend § 23.901(b) to clarify the intent of the section. Two commenters note that vibration limits are not specified for reciprocating engines. The FAA agrees and limits the vibration approval to turbine engine installations by moving proposed § 23.901(b)(3) to § 23.901(d)(1). Proposal 2 also proposes to amend § 23.901(d) to clarify that, when the engine power is derated for the airplane installation, water ingestion capability must be demonstrated for the derated conditions. Once commenter states that the FAA has -no justification for the increased rain ingestion proposal and believes that the FAA should withdraw the requirement. The FAA disagrees. The requirement ensures that when the#
Attachment 1, passage 417Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18959 engine has been substantiated for water ingestion at rated power, it will continue to operate in rain conditions at the derated power as installed in an airplane. Poposal 2 also proposes to amend § 23.901(e) to allow installation of engines and propellers approved under other than part 33. One commenter suggest that, for propellers that are equivalent, a type certificate be allowed since a propeller type certificate is not required in all cases in Europe, for example. The FAA disagrees; this suggestion is beyond the scope of the NPRM. Proposal 2 also proposes to add § 23.901(f) to accommodate installation of auxiliary power units (APUs) in small airplanes. One commenter suggests that APUs standards be collected into a separate subpart similar to JAR 25, Subpart J. The FAA disagrees. The comment is beyond the scope of the NPRM. The proposal is adopted with the aforementioned changes. Proposal 3. This proposes to amend § 23.903(d)(1) to require a means for restarting any engine in flight and to allow continued rotation of any engine after failure if continued rotation does not create a hazard to the airplane. Two commenters question whether justification is presented to require in- flight restart means for single-engine airplanes. One commenter believes that the proposal should be withdrawn. According to the commenter, wooden propellers installed on small airplanes do not windmill at moderate flight speeds. Further, airplanes of this class do not normally have electrical systems, precluding starting in flight. One commenter supports this portion of the proposal. The FAA has re-evaluated this proposal and agrees that in-flight restart requirements for single reciprocating engine airplanes are not justified. This re-evaluation has shown that it was not the intent of amendment 23-26 to require in-flight restart capability for single reciprocating engine airplanes. The words "* * * required to have an in-flight restart capability * *" were proposed in Notice No. 75-31 (40 FR 29410) but were inadvertently omitted from § 23.903(f) of amendment 23-26 (45 FR 60154). The proposal to require in-flight restart capability for single reciprocating engine airplanes is withdrawn. Proposal 3 also proposes to amend § 23.903(e)(2) to clarify the stopping and starting system fire resistance requirements. One commenter questions the need to restart an engine that has experienced an engine fire and one commenter wonders if a safety benefit is derived by requiring engine restart systems located in fire zones to be fire resistant. The FAA has re-evaluated this proposal. A requirement to make engine starting system components in a fire zone fire resistant cannot be justified because of the very limited use of an engine following an in-flight fire. This portion of the proposal is withdrawn. This proposal is adopted with the aforementioned changes. Proposal 4. This proposes to add a new § 23.904 to allow installation of an automatic power reserve system. One commenter stated that these requirements should clearly be limited to commuter category airplanes only but offers no justification. The FAA does not agree that this proposal should be restricted to commuter category airplanes only but notes that automatic power reserve systems are optional. This proposal is adopted as proposed. Proposal 5. This proposes to add a new § 23.905(e) to require that ice shed from the airplane not damage a pusher propeller. One commenter believes the words * * for which the airplane is certificated * * *" diminish the intent of the proposal in that their inclusion would not account for ice shed during an inadvertent ice encounter. The FAA agrees. The words are withdrawn. Proposal 5 also proposes to add a new § 23.905(0 to require that each pusher propeller be marked so that the propeller disc is conspicuous under normal daylight ground conditions. No adverse comments were received on this portion of the proposal. Proposal 5 also proposes to add a new § 23.905(g) to require that exhaust gases that discharge into a pusher propeller disc not adversely affect the propeller. No adverse comments were received on this portion of the proposal. Proposal 5 also proposes to add a new § 23.905(h) to require that all engine cowling, access doors, or other removable items, not separate and contact a pusher propeller. One commenter advises that the text of this requirement should include such removable items on all configurations and not be restricted to pusher propellers. The FAA considers this suggestion beyond the scope of the NPRM. One commenter states that proposed § 23.905(h) requires a design solution to a problem of maintenance neglect and, if enacted, would create a rule with which it is not possible to show compliance. The commenter believes that proposed § 23.905(h) should be withdrawn. The FAA disagrees. The proposal addresses a design standard and not a maintenance item. This proposal is adopted with the aforementioned change. Proposal 6. This proposes to amend §23.909(a), to require that a turbocharger be tested on the engine as a unit and be shown to comply with the rule in the environment in which it is expected to operate. One commenter requests clarification whether the intent is to ensure that turbochargers and intercoolers are approved as part of the engine "system," as required by part 33. The FAA in the NPRM proposes that turbochargers be compatible with the engine environment in which turbochargers will be expected to operate. This requires that the turbocharger be tested with the engine under the provisions of part 33. Proposal 6 also proposes to amend § 23.909(d) to require that each intercooler installation be substantiated with the engine and engine installation. No adverse comments were received on this portion of the proposal. Proposal 6 also proposes to amend § 23.909(e), to require that engine power, cooling characteristics, operating limits, and procedures attributable to the turbocharger system be evaluated and documented in the Airplane Flight Manual. No adverse comments were received on this portion of the proposal. This proposal is adopted as proposed. Proposals 7 through 12. These are proposed to add new §§ 23.911, 23.913, 23.915, 23.917, 23.919, and 23.921 that provide propulsion drive system design standards. One commenter supports the proposals. Two commenters indicate that while these proposals are appropriate for a specific innovative design, experience does not yet warrant adoption of these general requirements. The FAA agrees. Since no airplanes have been approved to these design standards, there is limited experience and these proposals are withdrawn. Proposal 13. This proposes to amend § 23.925 to add propeller clearance requirements for aft-mounted propellers. One commenter states that it is not clear whether proposed paragraph (b) is imposing a different standard for pusher propellers than for other configurations. The commenter suggests that the requirements applicable to pusher propellers have the same intent as existing propeller clearance requirements. The FAA agrees and adds to the beginning of proposed § 23.925(b) the following statement, "In addition to the clearances specified in (a)." The proposal is adopted with the aforementioned change. Proposal 14. This proposes to clarify the reversing system requirements in § 23.933 by separating the propeller reversing systems from the turbojet/#
Attachment 1, passage 41818960 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations turbofan reversing systems and by amending the requirements for propeller reversing systems to allow incorporation of a "beta range" of propeller blade pitch angles. One commenter indicates that the design aims for such systems are the same in both part 23 and part 25 of the FAR and that the text of this section should be aligned with that of part 25, amendment 25-72. The FAA disagrees; such a recommendation is beyond the scope of the NPRM. This commenter than proceeds to "* * * question why the applicability of the proposed (b)(3) is now limited to turbojet reversing systems." The commenter has apparently overlooked the fact that precisely this same limitation is included in part 25, amendment 25-72. In this amendment, the sequence of standards for propeller and turbojet/ turbofan reversing systems is arranged to be consistent with part 25. The words "extremely improbable" are replaced with "extremely remote" for consistency with Part 25. The proposal is adopted with the aforementioned changes. Proposal 15. This proposes to incorporate a new § 23.934, a rule similar to § 25.934, to establish the engine/reverser compatibility testing requirements for thrust reversing systems on turbojet and turbofan engines. One commenter indicates that the thrust reverser should meet the appropriate engine certification requirements but that acceptance by tests in accordance with this proposed paragraph needs further consideration. The FAA disagrees that other means of approving an engine thrust reverser should not be used. A 150 hour test with the thrust reverser in the stored position provides little useful information. When a thrust reverser is added or retrofitted, the reverser installation must demonstrate that the engine operation and vibratory levels are not affected. Sufficient test instrumentation is required to provide substantiating data that the operation and vibratory characteristics of the engine are not adversely affected. This proposal is ado ted as proposed. Proposal 16. This proposes to add to § 23.937 a definition of drag limiting systems. One commenter suggests that it would be more appropriate to include this definition in part I instead of part 23 of the FAR. The FAA disagrees. Such action would be beyond the scope of the NPRM. This proposal is adopted as proposed. Proposal 17. This proposes to clarify the requirements of § 23.943. One commenter suggests that further clarification of this section would occur if the section is amended to read "or § 23.955(c)(3) to read, "Auxiliary fuel auxiliary power unit may occur when pumps are not required; only emergency the airplane is operated at the greatest pumps are required." The FAA agrees value and duration of the negative that, in some cases, to ensure proper acceleration expected in service." This engine functioning, the auxiliary or commenter also points out that the emergency fuel pump may need to current FAA policy of applying negative exceed the limits of the engine driven acceleration of -. 5g for 5 seconds is fuel pump; therefore, the proposal is acceptable for a normal or utility revised to allow overboost of the main category airplane; however, a different fuel pump if it can be shown that no value for negative acceleration and adverse effect will occur. duration is appropriate for an acrobatic One commenter suggests that category airplane. The FAA concurs maximum continuous power be used in with the proposed clarification of § 23.955(d)(2) instead of engine "cruise" § 23.943 and the proposal is revised power. The FAA agrees. Since engine accordingly. The proposal is adopted cruise power is not defined in the with the aforementioned change. regulation, the proposal has been Proposal 18. This proposes to amend revised to read engine "maximum the general fuel system rules in § 23.951 continuous" power instead of "cruise" to make them applicable to APUs fuel power. systems. No adverse comments were One commenter suggests that received. This proposal is adopted as proposed § 23.955(f)(3) be revised by proposed. deleting the phrase "compliance with Proposal 19. This proposes to clarify this paragraph must" to make it clear § 23.953(b)(1). One commenter suggests that all of § 23.955(o is still applicable. that the term "drain" has been used The FAA agrees. The proposal is without misunderstanding in part 23 adopted with the aforementioned and 25 for many years; therefore, there changes. is no benefit from the proposed use of Proposal 21. This proposes to "escape". The FAA disagrees. The incorporate a limitation on fuel transfer commenter states that the phrase "after to prevent damage to the airplane due valve shut off" is redundant, as the to overpressuring any fuel tanks under amount of fuel in the line between the § 23.957. No adverse comments were valve and engine compartment is received. This proposal is adopted as independent of valve position. The FAA disagrees and deletes those words in proposed. Proposal 22. This proposes to clarify this final rule. The proposal is adopted and expand § 23.961 to include fuels of with the aforementioned change. different volatility levels. One Proposal 20. This proposes to clarify commenter suggests that this regulation the requirements of § 23.955 and be more specific concerning the incorporate change relative to single conditions to be tested and the turbine engine powered airplane fuel potentially critical conditions. This systems that allow in-flight fuel commenter also suggests avoiding the management and ensure uninterrupted use of heated fuel since this implies that fuel to the engine until all usable fuel the fuel must be artificially heated to has been consumed. One commenter obtain compliance. The FAA has notes that the explanation in the NPRM evaluated several suggestions for implies that changes to the rules for changes to this regulation. The proposed single-engine, turbine-powered change is intended to be more objective. airplanes provide crossflow prevention The word "heated" is removed from the between tanks when the airplane is -not proposal. being operated and questions why Another commenter suggests that the crossflow prevention should be treated present rule has been shown to be differently between turbine-engine and adequate for Avgas and should be piston-engine airplanes. The commenter retained without change. Motor then observes that the proposal includes (highway) gasoline has shown some no provision for crossflow prevention serious problems according to the despite the implication in the commenter. The commenter believes explanation. The FAA agrees with this that special rules should be written for observation and states that the fuels other than Avgas, and not mixed implication is not intended. in with the current, fully satisfactory One commenter advises that rule. The FAA disagrees. Standards for § 23.955(c)(3), concerning prohibition fuel should be complete without on exceeding the inlet pressure limit of resorting to "special rules." the engine with both pumps on, limits One commenter is concerned whether the allowable auxiliary pump output the proposal would produce an and is likely to prevent accomplishing inconsistency between part 23 and part the purpose of the auxiliary pump. The 25 and believes that this subject commenter recommends revising deserves wider, more detailed#
Attachment 1, passage 419Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18961 consideration. Hot weather testing for standard for fuel filler openings was small airplanes is usually quite different located. The proposal is adopted as from that for large transport (part 25) proposed. airplanes; therefore, the regulations Proposal 28. This proposes to clarify need to be unique. Testing for several § 23.975 on fuel tank vent line years on small airplanes indicates that termination points and to specify the some revision of this regulation is requirements applicable to vent line warranted. The current proposal allows drains. One commenter does not agree flexibility in the regulation, yet retains that this proposal to replace "of the the critical conditions of testing that are expansion space" with "of the fuel warranted; therefore, the words "heated tank" is acceptable since an expansion to" in the first sentence are removed space must be provided under the and replace with the word "at". In environmental rules. The FAA agrees addition, the NPRM was in error and the that the vent must connect with the final rule has been revised by changing airspace located in the'top of the tank 100 'F to 110 *F. This proposal is or else fuel could discharge overboard adopted with the aforementioned and it is not the intent to do away with changes. an expansion space. Using the words Proposal 23. This proposes to delete "the to part of the fuel tank" would § 23.963(f, since this requirement, imply that the vent is connected to the which is applicable to only commuter fuel tank airspace. Since the current airplanes, is similar to the requirements regulation is understood, the proposed in § 23.967(e) that are applicable to all change will not be made to paragraph part 23 airplanes. No adverse comments (a). were received and this proposal is Two commenters disagree with adopted as proposed. proposed § 23.975(a)(5), which requires Proposal 24. This proposes to clarify drain valves installed in the vent lines § 23.965. No adverse comments were to meet the requirements of § 23.999. received and this proposal is adopted as The FAA agrees and proposed proposed. § 23.975(a)(5) is revised by adding the Proposal 25. This proposes to amend following sentence, "Any drain valves § 23.967 to permit the installation of installed in the vent lines must fuel tanks in the fuselage of airplanes discharge clear of the airplane and be and to delete the restriction against fuel accessible for drainage." The proposal is tanks in the personnel compartments of adopted with the aforementioned multiengine airplanes. One commenter changes. indicates that this would require a Proposal 29. This proposes to amend fireproof and fuel-proof enclosure that is § 23.977 to require that all strainers be vented and drained to the exterior of the accessible for inspection and cleaning. airplanes, which would be expensive No adverse comments were received and impractical for small airplanes. The and this proposal is adopted as FAA disagrees. The protection that proposed. these standards provide for this type Proposal 30. This proposes to amend fuel tank design is necessary for § 23.991 to standardize fuel pump protection of the airplane occupants. terminology. No adverse comments One commenter supports the proposal. were received and this proposal is This proposal is adopted as proposed. Proposal 26. This proposes to amend adopted as proposed. Proposal 31.This proposes to delete § 23.971 to require both fuel tank sumps inappropriate terminology in § 23.993. and sediment bowl/chambers for No adverse comments were received reciprocating engine fuel systems. It also and this proposal is adopted as proposes that hazardous quantities of water be allowed to drain to a sump proposed. Proposal 32. This proposes to amend with the airplane in the normal ground § 23.995 to require all fuel valves to attitude. No adverse comments were incorporate provisions to preclude received and this proposal is adopted as incorrect assembly or connection. One proposed. commenter supports the proposal. One Proposal 27. This proposes to clarify ommenter advises that the FAA has not § 23.973 requirements for vented fuel provided justification to "Murphy- filler caps and to establish specific fuel proof" all fuel valves. Furthermore, the filler opening dimensions as an aid in commenter notes that a large quantity of preventing fueling errors. One fuel valves that are not subject to such commenter supports the intent of the a provision have been in production for proposal but indicates concern whether 25 years and they have not caused any the proposed fuel filler opening sizes problem. The FAA agrees that the were covered by an international service history of fuel selector valves standard. The FAA reviewed the shows that they have not experienced standards accepted by U.S. improper installation. This proposal is manufacturers and no international withdrawn. Proposal 33. This proposes to clarify the intent of § 23.997. No adverse comments were received and this proposal is adopted as proposed. Proposal 34. This proposes to clarify the § 23.999 requirement that fuel systems must have drain valves and to add the requirements that the valve operator must be able to catch the fuel and must be able to observe the valve for proper closing without excessive effort. No adverse comments were received and this proposal is adopted as proposed. Proposal 35. This proposes to standardize the terminology used in § 23.1001. No adverse comment was received and this proposal is adopted as proposed. Proposal 36. This proposes to add a new paragraph (a) to § 23.1011 to allow oil systems and components approved during engine type certification to be accepted without further substantiation when the standards previously met are equal to or more severe than those in this subpart. No adverse comments were received and this proposal is adopted as proposed. Proposal 37. This proposes to amend § 23.1013 to clarify the regulation. No adverse comments were received and this proposal is adopted as proposed. Proposal 38. This proposes to add a new § 23.1017(b)(6) to require that, for reciprocating-engine airplanes, breather line blockage due to ice be prevented. Three commenters advise that this regulation is not needed and that a pressure relief valve will increase the red tape and cost of the type certification. Also, § 23.1017(b)(5) already covers this requirement. The FAA has re-evaluated this proposal. It is true that § 23.1017(b)(5) requires that the breather outlet be protected against ice or foreign matter. Furthermore, the number of service problems has not been such that the additional cost of a pressure relief valve is warranted. Therefore, the proposal is withdrawn. Proposal 39. This proposes to revise incorrect references in § 23.1019 and clarify paragraph (a)(3). No adverse comments were received and this proposal is adopted as proposed. Proposal 40. This proposes to clarify § 23.1021 and to add a requirement for protection against inadvertent operation. No adverse comments were received and this proposal is adopted as proposed. Proposal 41. This proposes to add a new § 23.1024 to define the function of the oil-air separator. Four commenters indicate that a new requirement for the oil-air separator is not justified. Furthermore, two commenters indicate that they are unable to determine how#
Attachment 1, passage 42018962 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations to separate oil and water and return only oil to the engine. In addition, the consensus is that any water vapor in the vent discharge passes through the system as vapor and does not return to the oil system. Furthermore, one engine manufacturer does not consider water returned to the engine oil a serious airworthiness problem. The FAA concurs with the comments. This proposal is withdrawn. Proposal 42. This proposes to amend § 23.1027 to allow that amount of engine oil dedicated to the propeller feathering system to be stored in a reservoir other than the oil tank and to replace the word "trapped" with the word "reserve" since it is more appropriate. No adverse comments were received and this proposal is adopted as proposed. Proposal 43. This proposes to incorporate into § 23.1041 the cooling provisions for APUs and for temperature control of components and fluids on both the propulsion powerplant and the APUs after normal shutdown. One commenter supports the proposal. The FAA has reviewed this proposal further and determined that some minor changes will improve the content. Accordingly, the words "the most adverse" are inserted between the words "under" and "ground." This proposal is adopted with the aforementioned change. Proposal 44. This proposes to amend § 23.1047 to revise the current incorrect reference. No adverse comments were received and this proposal is adopted as proposed. Proposal 45. This proposes to amend § 23.1061 to allow means other than pads to prevent chafing between the coolant tanks and their supports and to clarify the reference to the coolant tank expansion space. No adverse comments were received and this proposal is adopted as proposed. Proposal 46. This proposes to amend § 23.1091 to incorporate air induction system requirements for APUs, a flight crew accessible override means for automatic alternate air door systems, a cockpit located position indicator for each alternate air door, and a clarification of the water ingestion and foreign material ingestion requirements. One commenter advises that, rather than using the position of the actuating handle to indicate a position of the alternate air door, the rule apparently requires a separate cockpit indicator, another cost item. The FAA agrees that, for an automatic alternate air door, a separate cockpit control is required to operate the alternate air door in the event it is blocked. In addition, some type of indicator is required to indicate that the alternate air door is in the open position. No changes to the proposal are made as a result of this comment. One commenter advises that the FAA has not presented safety justification for this proposal and that the proposed changes would not resolve any current hazards. The commenter believes that, for proposed § 23.1091(b)(5), in the case of a mechanical override for an automatic alternate air door, the position should be the position of the knob or handle of the override control. The FAA does not agree with this comment in that an automatic alternate air door can be open without moving an override mechanical control. The pilot should have knowledge that the alternate air door is open. One commenter indicates that a partially open alternate air door is not a safety item and should not be required to be indicated. The critical aspect is that the door is open when alternate air is required. The FAA agrees that a partially open alternate air door is not a safety item when the primary induction path is not blocked; however, the pilot should know when a malfunctioning system is causing the alternate air door to open in flight. One commenter notes that it is not clear from § 23.1091(b)(5) whether the FAA perceives that a need.for a position indicator on all alternate air doors arises out of accident or incident statistics. The commenter suggests that this proposal represents an unnecessary burden on the smaller airplane manufacturers and that alternate air doors manually controlled by a direct linkage can be excluded from this requirement for position indication. With regard to automatic alternate air doors, it is suggested that the requirement be restricted to a means to indicate to the flight crew when it is not closed. The FAA agrees and rewords the proposal accordingly. The FAA agrees that the control shaft position on a manually controlled alternate air valve is an acceptable indication of the valve position. For an automatic alternate air door, the pilot does not know the position of the alternate air door; therefore, the proposed change to § 23.1091(b)(5) is adopted. One commenter advises that proposed § 23.1091(b)(4), as written, would require manual override to both open and close the alternate air door. This is not in the interest of safety. The rule should be rewritten to require an override only to open the alternate air door. The FAA agrees that the door override should only be required to open the door. The proposal has been revised. This proposal is adopted with the aforementioned changes. Proposal 4'X This proposes to amend § 23.1093 to add specific ice protection requirements for fuel injection system designs with and without metering components on which impact ice may accumulate and to clarify the section by replacing the term "carburetors" with the term "fuelmetering device," where appropriate. In addition, proposal 47 eliminates the differences in requirements that are based on the number of engines or on the method of cooling. One commenter recommends that the proposal to modify to § 23.1093, paragraphs (a) and (c), be withdrawn. The proposed construction and wording are confusing and appear to the commenter to add a requirement for heated alternate air for all fuel injected engines. A long history of satisfactory service experience shows the commenter that such a requirement is unwarranted. The FAA has required an alternate heat rise equivalent to downstream cooling air for fuel injected engines since they were introduced. Due to the variation in designs, the heat rise was unknown. The proposal would make the regulation more specific by specifying a minimum temperature that has been the design practice for many years. One commenter feels that the proposed change to paragraph (a) needs further investigation, discussion, and clarification. The need to provide a preheater with fuel injection systems that have previously functioned adequately with an alternate source of air is of particular concern. The same FAA response applies to this comment as noted above. Proposal 47 is adopted as proposed. Proposal 48. This proposes to amend § 23.1101 to provide clarification. No adverse comments were received and this proposal is adopted as proposed. Proposal 49. This proposes to amend § 23.1103 to add standards for flexible inlet ducts, backfire strength and fire resistance requirements for reciprocating engine inlet ducts, requirements for APUs inlet ducts, and requirements for cabin pressurization supply ducts in conjunction with induction system ducts. Two commenters believe that "normal" backfire conditions referenced in § 23.1103(d)(1) must be defined or explained. The FAA disagrees. "Normal" backfire conditions for a given engine can be established during certification of that engine. One commenter believes that the proposal is excessively wordy and that the changes are unnecessary. The commenter notes that these ducts have been used for many years and have been certified by FAA so the commenter#
Attachment 1, passage 421Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18963 wonders why they are being changed now. The FAA considers that induction system requirements have been incomplete as related to system ducting and numerous service problems have been experienced in the past. This change will improve the design standards and is warranted. One commenter believes that the proposal represents an unnecessary constraint on design. The commenter suggests that an alternative means, such as a cabin air shutoff valve, could offer equivalent safety. The FAA agrees that § 23.1103(f) needs to be objective and revises the proposal as follows: "Induction system ducts that supply air to a cabin pressurization system must be suitably constructed of material that will not produce hazardous quantities of toxic gases or isolated to prevent hazardous quantities of toxic gases from entering the cabin during a powerplant fire." The proposal has been revised to provide an alternative means of compliance. This proposal is adopted with the aforementioned change. Proposal 50. This proposes to amend § 23.1107 to add design requirements for reciprocating-engine induction air filters. One commenter suggests that the text of § 23.1107(b) should be expressed in objective terms and should not constrain the airplane manufacturers' design options. The FAA agrees. The proposal is revised to read: "Each air filter shall have a design feature to prevent material separated from the filter media from interfering with proper fuel metering operation." The proposal has been revised to remove a design constraint. This proposal is adopted with the aforementioned change. Proposal 51. This proposes to amend § 23.1121 to incorporate requirements for APUs exhaust systems and a requirement for exhaust system materials and workmanship. One commenter suggests a new § 23.1121(i) to read as follows: (i) For the purposes of compliance with § 23.603, it is accepted that failure of any part of the exhaust system will adversely affect safety. The FAA understands that the purpose of this comment is to make it clear that any exhaust system failure is critical to flight safety. The FAA agrees that any exhaust system failure has a potential to cause an unsafe condition; therefore, proposed § 23.1121(i) is amended to read, "For the purpose of compliance with § 23.603, the failure of any part of the exhaust system will be considered to adversely affect safety." This proposal is adopted with the aforementioned changes. Proposal 52. This proposes to amend § 23.1123 to make this section applicable to the total exhaust system One commenter understands FAA's rather than to the exhaust manifold objective but seriously doubts if such a only. No adverse comments were system can be made to work reliably. If received and this proposal is adopted as a separation of the control at the fuel proposed. metering device is considered, spring Proposal 53. This proposes to amend backup could position the throttle to § 23.1141 to make the powerplant full open. If a separation anywhere in control system requirements of this the pilot's control installation is paragraph applicable to all part 23 considered, the spring force required to airplanes. One commenter suggests that move the throttle open could be too further exploration of the design high for normal operation. The consequences of this proposed commenter believes that the FAA needs requirement and its relationship to to clarify this proposal. The commenter § 23.1309 is necessary. One commenter notes that the addition of springs to the finds no guidance offered by the FAA as fuel metering device would be the to what type of engine controls are responsibility of the engine acceptable. The commenter believes the manufacturer and should be addressed proposed rule would require redundant in part 33. As no way is known to design solutions to obviate inadequacies comply with the last phrase in proposed in maintenance and the lack of an § 23.1143(g), "from any point in the adequate standard for engine controls. flight envelope of the airplane", the The "Rube Goldberg" type mechanisms commenter recommends that the that the commenter feels would be proposal be deleted. required to comply with the proposed The FAA agrees that special designs rule would cause more safety problems will be necessary to comply with this than they would cure. The commenter regulation. Manufacturers have the points out that one company's review of talent to design a system that will service difficulty reports for the last five comply with the intent of this years shows 20 powerplant control regulation. To make the regulation more cable failures and 6 disconnects on a objective, the FAA has retained only the first sentence with the word "from" fleet of 90,000 airplanes which resulted in four accidents. The reports indicate changed to "at" and deleted the that high time and improper remaining portion of the proposal. This maintenance are the predominant proposal is adopted with the causes. The commenter recommends aforementioned change. that the proposal be withdrawn. The Proposal 56. This proposes to amend FAA has re-evaluated this proposal and § 23.1145 to clarify the requirement for determined that it should be withdrawn ignition system control by the flight for further study. This proposed change crew on all types of airplane engines. is withdrawn. One commenter suggests that the following text changes be adopted: Proposal 54. This proposes to amend "Ignition switches must control and § 23.1142 to add a requirement that the shut off each ignition circuit on each controls and monitoring provisions for engine." The FAA agrees. This any APUs be installed on the flight suggested clarification to paragraph (a) deck. One commenter supports the will be adopted. proposal. One commenter believes that Proposal 57. This proposes to amend this proposal should be limited to § 23.1147 to add a rule to require the ground APUs operation only; thus, it mixture control go to a full-rich setting would eliminate the need for the APUs if the pilot control system linkage to be monitored from the cockpit. becomes separated. The FAA does not agree. Regardless of One commenter believes that if engine whether the APUs is to be used on the control systems are properly maintained ground only or in flight, it is necessary and inspected no back-up system is to have control and monitoring provisions of the APUs available to the necessary. One commenter suggests that a full- flight crew in the cockpit. This proposal rich mixture does not always represent is adopted as proposed. a safe condition and that the objectives Proposal 55. This proposes to amend are better expressed by the following § 23.1143 to require a back-up system or text: "Each engine mixture control must automatic positioning of the fuel be designed so that, if the control metering device to ensure that the separates from the engine fuel metering engine continues to furnish adequate device, the airplane is capable of power if the pilot's control installation continued safe flight." The FAA agrees fails. and the final rule is worded One commenter believes that if engine control systems are properly maintained accordingly. Two commenters advise that and inspected no back-up system is requiring a spring loaded mixture necessary. control to move the mixture into the#
Attachment 1, passage 42218964 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations full-rich position does not, in all cases, result in a safe condition. They point out that the proposed rule change would degrade safety by requiring the mixture control to go to full rich upon failure. One commenter notes that industry experience concerning problems with single wire controls support this and that known service problems with control end terminations and attachments should be covered by a new TSO standard for engine controls. The FAA disagrees. A new TSO is beyond the scope of the NPRM. One commenter made a study of the accidents associated with the mixture control and, in most cases, found that the mixture control was a single strand wire. The commenter suggests that the FAA study those accidents and the Malfunction and Defects Reports to determine the actual cause of failure. The FAA agrees that a single strand control has resulted in control separation in service; however, the suggestion is beyond the scope of the NPRM. This proposal is adopted with the aforementioned change. Proposal 58. This proposes to amend § 23.1181 to add a new section identifying designated fire zones. One commenter agrees with the intent of the proposal but notes that the text is substantially different from that already adopted for JAR/FAR 25 and would benefit from further review. The FAA has reviewed the difference between part 25 and that proposed for part 23. Substantial differences exist between small and large airplanes. For this reason, the proposals for part 23 are different. One commenter proposed to clarify the rule by providing that the designated fire zones be separated with respect to the type of engine installations involved. The FAA agrees. This final rule is worded accordingly. The FAA has reevaluated this proposal and removed paragraph 23.1181(b) as being redundant. Sections 23.1195 through 23.1203 are already applicable to commuter category airplanes. This proposal is adopted with the aforementioned change. Proposal 59. This proposes to amend § 23.1189 to change applicability to all multiengine airplanes and to quantify the hazardous amount of flammable fluid. One commenter notes that § 23.1189 should be updated to include commuter category and turbine-powered airplanes. The commenter believes that the reason for reference to § 23.67 was to exclude airplanes below 6,000 pounds with stall speeds of 61 knots or less and that this exclusion is still justified and should be retained. The FAA does not agree with this position. As noted in the NPRM, the reference to § 23.67 in § 23.1189 is being deleted so that § 23.1189 will be applicable to all multiengine airplanes, as originally intended. One commenter notes that the wider applicability of this text in § 23.1189(a) to all twin engine airplanes is supported. The commenter believes that allowing one quart of flammable fluid to escape is hazardous and is in conflict with environmental requirements. The FAA disagrees for the reason noted in the NPRM. This proposal is adopted as proposed. Proposal 60. This proposes to amend § 23.1191 to remove a rule that allows fire resistant seals in fireproof firewalls, to add a new firewall material, and to require that all heat producing devices be separated from the airframe by firewalls or shrouds. No adverse comments were received and this proposal is adopted as proposed. Proposal 61. This proposes to amend § 23.1193 to clarify the rule. One commenter believes that the existing text of part 23 is adequate and that these proposals represent an unnecessary burden on manufacturers. The commenter offers no substantiation for his position. One commenter notes that this proposal would require an expensive, complex flight survey of the cowl pressure fields. The commenter believes that the need to prove drain operation "under the most adverse aerodynamic pressure distribution expected in service," is not compatible with the requirement that only normal ground flight attitudes need be considered. The commenter also says that the most adverse aerodynamic pressure could occur in other than normal attitudes. This commenter feels this phrase should be deleted and that the FAA should accomplish this safety objective without requiring such a potentially expensive compliance program. The FAA agrees that the proposal is not consistent in that the first part indicates drainage is required for normal ground and flight attitudes; however, the second sentence would require an evaluation during the most adverse aerodynamic pressure distribution. The intent is that the drainage be effective during normal ground and flight attitudes. The second sentence of this proposal will reflect normal flight attitude only. This proposal is adopted with the aforementioned change. Proposal 62. This proposes to amend § 23.1195 to adopt requirements for APUs compartment fire extinguishing systems. One commenter is undecided whether such a small potential fire source as an APUs requires an extinguishing system. No adverse comments were received and this proposal is adopted as proposed. Proposal 63. This proposes to amend § 23.1203 to incorporate new requirements for fire detector systems in APUs compartments and in the engine compartments on those airplanes where the engine(s) are not readily visible from the cockpit. One commenter notes that the requirement for fire detection on turbocharged reciprocating multi-engine airplanes is laudable, but asks why single engine airplanes are excluded. The commenter suggests that the FAA look at the data base and that some airplanes (Turbo Lance/Saratoga) can have a turbocharger/exhaust failure go undetected directly in front of the pilot. The commenter states that most turbochargers are mounted low in the zone and take advantage of the flow of cooling air from the engine compartment, and that wing mounted engines are more visible from the cockpit than single engines. The commenter suggests that the proposal be amended to include any turbocharged installation. While the comment may have merit, such a proposal is beyond the scope of the NPRM. One commenter notes that the text clarifications in this section are supported and are proposed for JAR 23. This proposal is adopted as proposed. Proposal 64. This proposes to clarify the type of magnetic direction indicator that is required to meet the requirement of § 23.1303(c). No adverse comments were received and this proposal is adopted as proposed. Proposal 65. This proposes to amend § 23.1305 to clarify the powerplant instrument requirements by reorganizing the section and by defining the additional instruments that are required for the particular type of engine that is installed. Two commenters submitted comments on various paragraphs of this proposal. One commenter suggests that the proposal for § 23.1305(a)(1) cross- reference § 23.1337(b)(5). The FAA does not agree that the suggested § 23.1337(b)(5) is the proper reference bhut does agree with the intent of this suggestion. In reviewing this comment, it is noted that the intent of the words, "or for each assembly of interconnected tanks that function as one tank" in proposed § 23.1305(a)(1) is provided by current § 23.1337(b)(4), and that other provisions of § 23.1337(b) address other applicable fuel quantity indicator requirements, such as their marking. To clarify the fuel quantity indicator#
Attachment 1, passage 423Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18965 requirement of part 23, the above quoted words from the proposal for § 23.1305(a)(1) are removed and replaced by the words "installed in accordance with § 23.1337(b)." By this change, § 23.1305 will make it clear that a fuel indicator is required for each tank and § 23.1337 will provide the installation requirements for those indicators. Both commenters requested that the FAA make it clear that a dipstick is an acceptable oil quantity measuring device for meeting the requirement of proposed § 23.1305(a)(4). The FAA notes that § 23.1337(d) identifies an acceptable means of measuring the oil quantity and identifies a stick gauge as being one acceptable means. To provide the clarification requested by these commenters, the proposal for § 23.1305(a)(4) is revised by adding the words, "which meets the requirements of § 23.1337(d)" to the end of the proposal. One commenter proposes a revision to "controllable propeller" in the proposal for § 23.1305(b)(5), which the commenter believes would be clarifying. The FAA has reviewed this suggested change and finds that it could be interpreted to be more restrictive than the proposal. Therefore, this suggestion is not incorporated. One commenter asks the FAA to make it clear that N, is an acceptable parameter that can be related to the thrust indication required by proposed § 23.1305(d)(1). The FAA has reviewed this request and finds that the indication of the N, speed is an acceptable means. For some installations, however, the applicant may be required to demonstrate that N, is acceptable. By the discussion of this comment, the requested clarification is provided and proposed § 23.1305(d)(1) is not revised. Both commenters oppose the proposal for § 23.1305(e)(3), which would require a chip detector indicator light for each gearbox or transmission. Their comments identify the lack of requirement for a chip detector and state that this requirement for a detector indicator light should be deleted pending the introduction of chip detector requirements. Other comments note the difference in the value of chip detectors that have been installed in different engines and point out that, because of erroneous indications such detectors have resulted in the shutdown of a properly operating engine. Accordingly, such detectors may actually lower the level of safety. The FAA has reviewed this subject and the information provided by the comments and agrees that the requirement of proposed § 23.1305(e)(3) should be withdrawn, given that proposals 7 through 12 have been withdrawn. This proposal is ado pted with the aforementioned changes. Proposal 66. This proposes to remove the words "an approved" from § 23.1307(a) and add a new paragraph that would require the airplane type design to include all of the equipment necessary for operation in accordance with the limitations required by § 23.1559. Two commenters responded to this proposal. One commenter contends that this proposal would preclude alternative configurations for different operating rules and require recertification of the airplane if the operating rules change. The FAA agrees that if amended operating rules require different equipment the airplane's type certificate would require amending. This commenter also points out that many airplanes are exported to countries where U.S. operating rules do not apply. Both commenters suggest revising the proposed new paragraph to read: "Additional miscellaneous equipment may be required by the operating rules." The FAA disagrees because the suggested revision would not make it clear that such equipment must be included in the type design. In consideration of the comments, the FAA revised the proposed paragraph by removing the word "All" and using the word "The" in its place. The word "All" could imply that all of the equipment "identified" in the operating rule must be installed. Also, the words "in the National Airspace System (NAS)" are removed. The words "for which * * *" are revised to read "for which certification is requested and is approved in accordance * * *" This proposal is adopted with the aforementioned changes. Proposal 67. This proposes to amend § 23.1322 to require the warning, caution, and advisory lights to be effective under all probable cockpit lighting conditions. One commenter recommended the words "all probable cockpit lighting conditions" be revised to "all normal cockpit illumination." The reason given for the recommendation is that the proposed words could include the need to consider a blinding lightning flash. The FAA disagrees. If conditions exist where a "blinding" lightning flash occurs, none of the lights will be visible while the pilot(s) are blinded and this would not be considered to be a probable light condition. The lights .should be evaluated for the lighting conditions that will occur immediately after that flash to ensure that. as quickly as vision is restored after the exposure to the blinding flash, they will provide effective warnings, cautions, and advisories. As noted in the NPRM, these lights need to be consistent over a full range of ambient light conditions. The words used in this proposal describe the need to evaluate the lights over this range of light conditions. One commenter supports the proposal. This proposal is adopted as proposed. Proposal 68. This proposes to amend § 23.1329 to require an automatic pilot quick release (emergency) control to be located so that it can be operated without moving the pilot(s) hand from the airplane controls. No adverse comments were received and this proposal is adopted as proposed. Proposal 69. This proposes to amend § 23.1331 concerning the requirements for instruments using a power source by requiring a visual indicator to advise the pilot that the instrument power is not adequate and by requiring two independent sources of instrument power for all airplanes. This proposal would also remove current § 23.1331, paragraphs (a)(1) and (a)(2). Several comments were received on this proposal. One commenter supports the proposal but notes that it does not address non-gyroscopic instruments, and would result in power supply requirements for such instruments being omitted from regulations. This commenter also believes the word "adjacent" in proposed § 23.1331(a) is too restrictive and requests the meaning of the word "independent" in proposed § 23.1331(c) in context of sources of power for single-engine airplanes. Finally, this commenter identifies support for the provisions of proposed § 23.1331(b)(2). The FAA has reviewed this proposal and agrees that by inserting the word "gyroscopic" in the introductory text of this proposal, other types of instruments that use a power source for their function would be omitted from the regulations. To correct this omission and retain the current provision of the regulations that addresses all instruments, the word "gyroscopic" is being removed from the introductory text. To further clarify the applicability of these requirements, the words "that uses a power source" are being added between the words "instrument" and "the'. The FAA also reviewed this commenter's position on the word "adjacent" and agrees that its application could be too restrictive. The intent of this proposal is to require any installed separate power indicator to be located so that a pilot who is using that instrument will notice the loss of that instrument's power. To clarify and#
Attachment 1, passage 42418966 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations preclude restrictive application of this requirement, the word "adjacent" is removed and replaced with words similar to those used in § 23.1321(a). In regard to the commenter's question on the word "independent" in context of sources of power for single-engine airplanes, this word has the same meaning for all airplanes, except that on single-engine airplanes the second source cannot be driven by a separate engine. Adverse service experience that has resulted from power source failures and the subsequent loss of flight information has shown that it is necessary to provide a backup power source for the flight instruments. In the case of instruments that use a vacuum power source, the second source has been provided by installing a smaller electric driven vacuum pump and by arranging the vacuum system so that this pump is isolated from the normal vacuum system and so that it provides power to the instruments only after the normal engine driven pump fails. Another commenter indicates support for the proposal and recommends the addition of § 23.13031f, which would require independent power sources for pneumatic attitude and direction indicators in single-engine airplanes having pneumatic deicing, cabin pressurization, or autopilot equipment. The FAA disagrees because the proposal in the NPRM provides the level of safety that would be provided by this comment. Another commenter states that this proposal for more complex systems, such as added warnings, "is getting carried away." This commenter does not recommend any revision to the proposal. No action will be taken on this comment. Another commenter notes the same items identified by the first commenter and believes that this section needs to be redone to retain its original intent and to make it applicable to currently available instruments. This commenter includes and recommended changes that have merit but are beyond the scope of the NPRM because they would address provisions that have not been previously proposed in rulemaking actions. The changes made in response to the first commenter also respond to this commenter. This proposal is adopted with the aforementioned changes. Proposal 70. This proposes to amend § 23.1337 by adding APUs installation requirements and by clarifying the fuel quantity indicator requirements. No adverse comments were received and this proposal is adopted as proposed. Proposal 71. This proposes to amend installed. This proposal Is adopted with § 23.1351 to allow a generator to operate the aforementioned change. below its continuous rating when it has Proposal 74. This proposes to amend a rating higher than necessary, to allow § 23.1365 to provide crashworthiness methods other than reverse current standards for electrical cables by cutouts for protecting against reverse requiring that they be designed to allow current, andto require the airplane to a reasonable degree of deformation or operate safely for 5 minutes without stretching without failure and by normal electrical power. requiring that they be isolated from One comment was received on the flammable fluid or be shrouded in proposal for § 23.1351(c)(3) that suggests insulated flexible conduit, or the beginning of this paragraph be equivalent. One commenter states that revised from "Means must be provided this proposal has been recommended for * * * "to "Automatic means must be adoption by the Joint Airworthiness provided." Many of the means for Authorities (AA) but with applicability disconnecting generators from a reverse to all parts of the airplane, not just current source are automatic; therefore, cables in the fuselage. One commenter the suggested change should have a believes the word "isolated" used in small impact on the systems that may be proposed § 23.1365(c)(1) is not installed. The FAA disagrees because compatible with current practices and this change would make automatic suggests the word "separated" be used systems mandatory. It would defeat the in its place. The FAA reviewed this purpose of this proposal, which is "to recommended change and agrees that relieve the burden to install a specific "separated" better describes the current * type of reverse current control." practice of keeping electrical cables and it has been brought to the FAA's flammable fuel lines spaced apart. This attention that many electrical generating proposal is adopted with the devices that are used on part 23 are now aforementioned change. referred to as "alternators" and that Proposal 75. This proposes to amend there is some confusion about such § 23.1385 to clarify location units acceptability because § 23.1351(c) requirements for position lights, to continues to address "generators." To delete the requirement that position provide clarifications, ten locations in lights make a single electrical circuit, § 23.1351, paragraphs (c), (c)(1), (c)(2), and to remove the statement that each (c)(3), (c)(4), and (c)(5), are being revised light must be approved. No adverse *by changing the word "generator" to comments were received and this "generator/alternator." This proposal is proposal is adopted as proposed. adopted with the aforementioned Proposals 76, 77, 78, 79, and 80. change. These proposals would clarify the Proposal 72. This proposes to clarify location of the position lights addressed § 23.1357(a)(1) by more specifically in §§ 23.1387 through 23.1395, and identifying the type of starter motor would keep each section compatible whose main circuits may be installed with the revisions adopted by proposal without circuit protection devices. This 75 above. No adverse comments were also proposes to make it clear that spare received on these proposals and they are fuses are only required for installed fuses that are replaceable in flight. One adopted as proposed. Proposal 81. This proposes to amend comment received does not address the § 23.1419 to continue the current proposal but suggests the addition of an minimum ice protection requirements -amendment that would require that all that have been found necessary for safe circuit breakers be the pull-to- operation in icing conditions, to remove disconnect type. This suggested the provision that has permitted amendment is beyond the scope of the showing compliance by similarity of NPRM. One commenter supports the design, to provide specific test proposal. This proposal is adopted as requirements, to clarify the requirement proposed. for information that must be provided to Proposal 73. This proposes to amend the pilot, and to add a reference for § 23.1361 to clarify the requirement for compliance with other applicable the master switch arrangement and to sections of part 23. permit new generations of engines to Two comments were received on the operate with the master switch turned proposal. One commenter suggests that off. No comments were received; the introductory text could be clarified however, an editorial revision has been by revising the phrase, "If certification made that revises the text of the last with ice protection provisions is sentence from one that permits the desired," to read "If certification for mster switch arrangement to use flight in icing conditions is desired." separate switches to text that provides The FAA considered this suggestion and requirements for the master switch reviewed the current airworthiness arrangement if separate switches are requirements. The review shows that#
Attachment 1, passage 425Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18967 §§ 23.1419 and 25.1419, as well as § 23.1416, use the words in the proposal. This suggested revision is not incorporated. One commenter states that the NPRM- contains several additions that the commenter objects to because they were not submitted for debate at the 1984 public meeting. The FAA Is not obligated to limit the contents of the NPRM to the material that was discussed at the public meeting. In the case of this proposal, the discussion of conference proposal 467, which recommended replacing § 23.1419 with § 25.1419, resulted in the need for FAA to review the icing protection requirements in total. This review identified certain items that were not discussed in the public meeting but needed to be addressed in the NPRM. Both commenters provided comments on proposed § 23.1419(a). One commenter supports the paragraph but believes that additional interpretation needs to be considered. The FAA will provide advisory material as necessary. The other commenter does not believe that the FAA has shown justification for compliance with appendix C for all items of subpart B and states that meeting performance requirements with ice accumulation is also completely unjustified. The commenter further states that the interpretation of "capable of operating safely" goes beyond the requirements of part 25. Finally, this commenter cites that it is unreasonable that takeoff performance, for example, be demonstrated with ice shapes attached because takeoff with ice is prohibited by regulation. In the NPRM, the FAA notes that subpart B does not differentiate levels of safety by types of operation or by the environment in which the airplane is operated. The FAA does not agree with the commenter that this interpretation exceeds the requirements of part 25. The FAA agrees with the final point of this commenter that it is unreasonable for takeoff performance to be demonstrated with ice shapes attached. This is consistent with current paragraph 10.d.(1)(i) in AC 23.1419-1, because the airplane should not be departing with residual ice on the airplane. Because the interpretive statement in the proposal clarifies the current airworthiness re uirements, it is adopted as proposed. Both commenters submitted" comments on proposed § 23.1419(b). One commenter supports the proposal and suggests that the FAA review the AC interpretative material for completeness. The other commenter does not believe that the ability to show compliance based on similarity should be deleted and contends that the current Advisory (d). This proposal is adopted with the Circular, AC 23.1419, provides adequate aforementioned change. guidance to determine when Proposal 82. This proposes to amend certification by similarity is acceptable. § 23.1431 to revise the current rule that A portion of this comment states, "A addresses radio equipment only by requirement to demonstrate each including other electronic equipment modified airplane in natural icing is that is installed in a part 23 airplane. extremely costly, burdensome, and Two comments were received. One unnecessary for safety." A list of items, commenter asks for a definition of the such as stall warning systems and words, "critical environmental windshield heating systems, that have conditions" used in proposed been approved on the basis of similarity § 23.1431(a). Critical environmental and have demonstrated satisfactory conditions are those environmental service history is included in this conditions under which a piece of comment. equipment will not perform its intended The FAA has considered the basis for function. By including this requirement, this proposal and the information conditions that may be critical to the ' provided by these comments. The FAA operation of a piece of equipment must is aware that the provisions of current be considered. Consideration of such § 23.1419(a) have been used to approve conditions would include, but not be components that have demonstrated limited to, temperature extremes, satisfactory service history. There have vibration levels, and humidity. also been approvals under this The other commenter agrees with the provision based solely on the proposal and suggests that § 23.1431 be component having been tested and expanded to cover communications approved on an airplane in service. In between pilots, radio transmission such cases, the differences in the switches, and the effectiveness of aural installations that could affect ice warnings when headsets are being worn. accumulation and the components Because these suggested expansion ability to function are not considered. items were not included in the notice, To prevent future approvals of this type, their addition would be beyond the the NPRM proposed to delete the scope of the NPRM. This proposal is provisions of § 23.1419(c). adopted as proposed. Proposal 83. This proposes to amend In consideration of the impact of this § 23.1435 to permit propeller proposed deletion, action should be unfeathering accumulators that are an taken to restore provision for approving integral part of the engine, and small a component that has been previously accumulators to be installed on the tested and approved and that has engine side of the firewall. No adverse demonstrated satisfactory service; comments were received and this however, the restoration of that proposal is adopted as proposed. provision should also include Proposal 84. This proposes to amend provisions that ensure that the § 23.1441 to clarify the type design subsequent approval considers any requirements in relation to the operating differences in the installation of this rules, to require installation of demand component. To provide this change, or pressure demand crewmember current § 23.1419(c) has been revised to oxygen equipment predicated on the- clarify the items that must be airplane's maximum certificated considered for this type of approval and operating altitude, to clarify the it has been included in this final rule as requirements relative to portable paragraph (c). equipment, and to require a means for One commenter recommends that the crewmembers to shut off the oxygen last sentence of proposed § 23.1419(c) supply at the source during flight. be placed in subpart G. The FAA One commenter states that, in the disagrees. This requirement for specific interest of harmonization, this proposal icing information to be placed in the will be recommended for adoption by AFM is more appropriate for § 23.1419. the FAA even though "* * * there is a This section is only applicable if the feeling that the burden of compliance applicant wishes to obtain an icing outweighs the safety benefit derived approval; therefore, the items that from such requirements." should be accomplished for that One comment was received that notes approval should be contained in this the smaller volume of the cabins of part optional requirement. It would not be 23 airplanes would increase the proper for subpart G to require icing possibility of the flight crew being information in the AFM of an airplane exposed to pressure altitudes of more that does not comply with § 23.1419. than 34,000 feet if decompressions This recommended change has not been occur at flight altitudes of 34,000 feet or. accepted and the provisions of proposed more. To provide better protection paragraph (c) are adopted as paragraph against crew hypoxia, this commenter#
Attachment 1, passage 42618968 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations recommends that part 23 be amended to require flight crew dispensing units to be pressure demand with mask mounted regulators if the airplane is approved for flights above 34,000 feet. This commenter also recommends that the Airplane Flight Manual require one flight crewmember to use 100 percent oxygen for flights above 34,000 feet. The FAA agrees that the comment has merit; however, it is beyond the scope of this rulemaking action. This proposal is adopted as proposed. Proposal 85. This proposes to amend 9 23.1443 to modify the oxygen flow rates for part 23 airplanes by providing alternate procedures that may be used to substantiate satisfactory continuous flow oxygen equipment. One commenter requested that the FAA make it clear that the 40,000 foot altitude limit in this proposal is not an absolute altitude limit for part 23 airplanes. The FAA agrees. The altitude limit in this proposal does not constitute an absolute altitude limit for the approval of part 23 airplanes; however, the approval of individual airplanes would be limited to those altitudes where safe occupant protection is provided. Another commenter supports the proposal but recommends moving the definitions that are provided in § 23.1443(d) of this proposal to part 1. The comment is beyond the scope of the NPRM. This proposal is adopted as proposed. Proposal 86. This proposes to add a new § 23.1445 regarding oxygen line requirements that provide appropriate restrictions on the use of flexible plastic hoses. No adverse comments were received and this proposal is adopted as proposed. Proposal 87. This proposes to amend 9 23.1447 to add requirements for passenger dispensing units to be automatically presented and allows the option of quick-donning type oxygen dispensing units for the crewmembers. No adverse comments were received and this proposal is adopted as proposed. Proposal 88. This proposes to add a new appendix H to part 23 containing standards for automatic power reserve systems. See proposal 4 for applicable comment and FAA response. The proposal Is adopted as proposed. Regulatory.Evaluation Summary This section summarizes the full regulatory evaluation prepared by the FAA that provides more detailed estimates of the economic consequences of this regulatory action. This summary and the full evaluation quantify, to the extent practicable, estimated costs to the private sector, consumers, Federal, State, and local governments, as well as anticipated benefits. Executive Order 12291, dated February 17, 1981, directs Federal agencies to promulgate new regulations or modify existing regulations only if potential benefits to society for each regulatory change outweigh potential costs. The order also requires the preparation of a Regulatory Impact Analysis of all "major" rules except those responding to emergency situations or other narrowly defined exigencies. A "major" rule is one that is likely to result in an annual effect on the economy of $100 million or more, a major increase in consumer costs, or a significant adverse effect on competition. The FAA had determined that this rule is not "major" as defined in the" executive order; therefore, a full Regulatory Impact Analysis, which includes the identification and evaluation of cost-reducing alternatives to this rule, has not been prepared. Instead, the agency has prepared a more concise document termed a regulatory evaluation that analyzes only this rule without identifying alternatives. In addition to a summary of the regulatory evaluation, this section also contains the Regulatory Flexibility Determination required by the Regulatory Flexibility Act and an International Trade Impact Analysis. If more detailed economic information is desired, the reader may refer to the full regulatory evaluation contained in the docket. Comments to the NPRM were received from eleven commenters. Three commenters addressed the economics of the proposed rule. One commenter, an aviation association, disagreed with the statement in the regulatory evaluation for the NPRM that, because of the depressed state of the general aviation industry, fewer designs are expected to appear on the market and this reduces the costs that industry must bear. The commenter advised that reduced numbers of new designs result in increased costs of each new design. Likewise, the cost of new models requiring compliance with some of the changed rules is higher and the cost of each airplane rises as the number of units falls. The FAA agrees with this position. The subject statement and its implications have been removed from the evaluation. Another comment addressed the cost estimation for the proposed changes to §§ 23.1143 and 23.1147. These amendments require that the throttle and mixture controls, respectively, be designed so that if a control cable separates at the fuel metering device, the airplane will be capable of continued safe flight and landing. The commeter, an engine manufacturer, disagreed with the position expressed in tli'regulatory evaluation that the estimated $52,000 to $104,000 impact of these proposed changes would be small in relation to the total cost of designing a newly type certificated piston engine ($21 million). The commenter advised that these provisions would require the redesign and recertification of the fuel metering device of any existing certificated engine that would be installed in now airplanes designed after the effective date of the rule. As such, the commenter noted that the $52,000 to $104,000 design and certification cost would be an added cost necessary to continue production of a currently certificated engine for use in a new aircraft and, that under these circumstances, these costs would not be an insignificant consideration. The FAA agrees with this comment and the regulatory evaluation for the final rule reflects this position. By placing these amendments in part 23 rather than part 33, currently approved engines that continue to be produced must have the safety features required by these two amendments if the engines are installed on newly certificated small airplanes. A third commenter, also an aviation association, expressed general concern over the costs of making aviation safer and questioned whether the costs were justified by the results. Since no specific recommendation was expressed, no consequent changes have been made to the regulatory evaluation. Economic Evaluation Most of the amendments will impose negligible costs. A number of the provisions clarify the intent of current regulations and were requested by the manufacturers themselves. Other amendments in this rule add new sections pertaining to new-technology equipment not previously addressed in the regulations. Such changes will actually benefit manufacturers by eliminating the need for special conditions. Some amendments will require manufacturers to incorporate changes in the way they design or manufacture their products. Most of these amendments involve minor changes that will impose negligible costs. Several amendments will benefit manufacturers by allowing alternative methods of compliance. An unquantified, but substantial, benefit of this final rule will result from its harmonization with the Joint Aviation Authorities (AA) Differences#
Attachment 1, passage 427Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18969 between FAA regulations and the requirements of other nations impose a heavy burden on U.S. airplane manufacturers. This rule is part of the FAA's effort to harmonize the various regulations currently existing throughout the world. While It is impossible to give an accurate estimate of all the cost savings that can be achieved through regulatory harmonization, industry sources have estimated that savings of over $100 million can be achieved. Of the 77 airworthiness proposals retained in this final rule, 59 of them are fully harmonized with the JAA. In addition, several of the provisions that were not harmonized in this rule are scheduled for harmonization in later rulemaking. Only two of the amendments in this final rule are expected to have costs that are not negligible. The amendment to § 23.1143 requires that, for reciprocating single-engine airplanes, each power or thrust control system must be designed so that if the control separates at the fuel metering device, the airlane will be capable of continued safe flight and landing. The amendment to § 23.1147 contains a parallel requirement for manual engine mixture controls. As originally proposed, these amendments would have required a backup or other means to overcome a separation at any point in the control rather than specifically at the fuel metering device. The less restrictive requirements retained in the final rule result from concerns over the potential cost and technical feasibility of a mechanism with a spring force adequate to overcome a separation at any point in the coritrol. As written, the amendments will not present a major design problem for manufacturers. Costs The design costs for § 23.1143 Engine Controls, and § 23.1147 Mixture Controls cannot be separated. The combined design and certification cost of these two requirements is estimated to range between $52,000 and $104,000 per engine model certificated for use in newly type certificated airplanes. This estimate is based on discussions with airplane engine manufacturers and the General Aviation Manufacturers Association. The expected hardware costs per engine will be minimal and are estimated to be $5.00 per individual engine for springs and fasteners. The expected $52,000 to $104,000 design costs will be distributed over each engine that is sold. If these costs are distributed over 1,000 engines during a ten-year period, the attributable design cost per engine would range between $52 and $104. Lower or higher production schedules would have a proportional impact on the attributable unit costs. Using the midpoint of the range estimate, design and certification costs are expected to be $78 per engine. Combining this with the expected $5 hardware cost per airplane produces a total unit cost estimate of $83 per affected airplane. Benefits The expected benefit of these provisions is a reduction in the risk of accidents related to throttle and fuel mixture control separations. According to data compiled by the National Transportation Safety Board (NTSB) for the years 1982 through 1987, there were 71 accidents in part 23 airplanes attributable to throttle and mixture control separations. These accidents resulted in I fatality, 10 serious injuries, and 31 minor injuries. The subject amendments are in fact a result of NTSB recommendations to the Small Airplane Airworthiness Review Program. In support of its recommendations, the Board cited the fact that between 1964 and 1979 there were 148 reports of single-engine aircraft accidents initiated by throttle linkage failures, resulting in 5 deaths, 250 injuries, 15 destroyed aircraft, and 133 substantially damaged aircraft. The NTSB further reported that from 1970 to 1981, at least 54 accidents occurred from engine failures or malfunctions that were caused by problems in the mixture control assembly. It was determined that the majority of these accidents were caused by a slippage or breakage of the mixture control linkage at the carburetor. Taken together, these data show that throttle and mixture control separation is and has been a significant safety problem for single-engine airplanes. The expected reduction in accidents that will result from these standards can be examined on a rate basis. As noted above, the expected unit cost of compliance for these amendments is $83 per affected airplane. By comparison, the FAA has determined that the average economic cost to society of a single serious injury is $640,000. If follows that over 7,700 airplanes ($640,000/$83) could be equipped to the higher standards of this rule at the same expense that would be avoided by preventing a single serious injury. Based on the related historical accident rates and the safety recommendations of the NTSB, the FAA has determined that the potential benefits of these amendments will exceed the expected costs. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (RFA) was enacted by Congress to ensure that small entities are not unnecessarily or disproportionately burdened by government regulations. The RFA requires agencies to review rules which may have "a significant economic impact on a substantial number of small entities." The FAA has established criteria and guidelines for determining whether a rule has a significant economic impact on a substantial number of small entities. Based on these criteria, the threshold annualized cost constituting significant impact is $18,200 in 1992 dollars. The expected annual costs of this rule for any manufacturer will be well below the threshold. Accordingly, the FAA has determined that this rule will not have a significant economic impact on a substantial number of small entities. International Trade Impact Assessment The amendments in this rule will not constitute a barrier to international trade, including the export of American goods and services to foreign countries and the import of foreign goods and services into the United States. The small airplane airworthiness standards in this rule have been harmonized with those of foreign aviation authorities and will, in fact, lessen the restraints on trade. Federalism Implications The regulations herein'will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this regulation will not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Conclusion The FAA is revising the airworthiness standards for normal, utility, acrobatic, and commuter category airplanes as a result of comments received in reply to the Small Airplane Airworthiness Review Program Notice No. 3 dated October 3, 1990. The notice, which addresses powerplant and equipment items, was published as a result of recommendations discussed at the Small Airplane Airworthiness Review Conference held on October 22-26, 1984, in St. Louis, Missouri. Originally, the proposals reflected updated safety standards and advancements in technology while reducing the regulatory burden for some#
Attachment 1, passage 42818970 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations requirements and maintaining an acceptable level of safety. Harmonization with the European JAA Joint Airworthiness Requirements became a dominant factor after the close of the reopened NPRM comment period on August 21, 1991. Considerable effort was invested to harmonize these airworthiness standards because aircraft industry estimates indicate reduced overall certification costs. These airworthiness standards will continue to provide adequate levels of safety for small airplanes used in both private and commercial operations. For the reasons discussed in the preamble, and based on the findings in the Regulatory Flexibility Determination and the International Trade Impact Analysis, the FAA has determined that this regulation is not major under Executive Order 12291. In addition, the FAA certifies that this regulation will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. This regulation is considered significant under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979). A regulatory evaluation of the regulation, including a Regulatory Flexibility Determination and International Trade Impact Analysis, has been placed in the docket. A copy may be obtained by contacting the person identified under "FOR FURTHER INFORMATION CONTACT." List of Subjects in 14 CFR Part 23 Aircraft, Air transportation, Aviation safety, Safety. The Amendment Accordingly, the Federal Aviation Administration amends part 23 of the Federal Aviation Regulations (14 CFR part 23), as follows: PART 23-AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND COMMUTER CATEGORY AIRPLANES 1. The authority citation for part 23 continues to read as follows: Authority: 49 U.S.C. 1344, 1354(a). 1355, 1421, 1423, 1425, 1428, 1429, and 1430; 49 U.S.C. 106(g). 2. Section 23.901 is amended by revising paragraphs (b), (d), and (e), and adding a new paragraph (f) to read as follows: §23.901 Installation. * * * * * (b) Each powerplant installation must be constructed and arranged to- (1) Ensure safe operation to the maximum altitude for which approval is requested. (2) Be accessible for necessary inspections and maintenance. * * * * * (d) Each turbine engine installation must be constructed and arranged to- (1) Result in vibration characteristics that do not exceed those established during the type certification of the engine. (2) Provide continued safe operation without a hazardous loss of power or thrust while being operated in rain for at least 3 minutes with the rate of water ingestion being not less than 4 percent by weight, of the engine induction airflow rate at the maximum installed power or thrust approved for takeoff and at flight idle. The engine must accelerate and decelerate safely following stabilized operation under these rain conditions. (e) The installation must comply with- (1) The instructions provided under the engine type certificate and the propeller type certificate. (2) The applicable provisions of this subpart. (f) Each auxiliary power unit installation must meet the applicable portions of this part. 3. Section 23.903 is amended by revising paragraphs (d)(1) and (e)(2) to read as follows: S23.903 Engines. • * * * * (d) * * * (1) The design of the installation must be such that risk of fire or mechanical damage to the engine or airplane, as a result of starting the engine in any conditions in which starting is to be permitted, is reduced to a minimum. Any techniques and associated limitations for engine starting must be established and included in the Airplane Flight Manual, approved manual material, or applicable operating placards. Means must be provided for- (i) Restarting any engine of a multiengine airplane in flight, and (ii) Stopping any engine in flight, after engine failure, if continued engine rotation would cause a hazard to the airplane. )* * * 0 (a)00* (2) There must be means for stopping combustion within any engine and for stopping the rotation of any engine if continued rotation would cause a hazard to the airplane. Each component of the engine stopping system located in any fire zone must be fire resistant. If hydraulic propeller feathering systems are used for stopping the engine, the hydraulic feathering lines or hoses must be fire resistant. 4. Part 23 is amended by adding a new § 23.904 to read as follows: 523.904 Automatic power reserve system. If installed, an automatic power reserve (APR) system that automatically advances the power or thrust on the operating engine(s), when any engine fails during takeoff, must comply with appendix H of this part. 5. Section 23.905 is amended by adding paragraphs (e), (f), (g), and (h) to read as follows: §23.905 Propellers. (e) All areas of the airplane forward of the pusher propeller that are likely to accumulate and shed ice into the propeller disc during any operating condition must be suitably protected to prevent ice formation, or it must be shown that any ice shed into the propeller disc will not create a hazardous condition. (f) Each pusher propeller must be marked so that the disc is conspicuous under normal daylight ground conditions. (g) If the engine exhaust gases are discharged into the pusher propeller disc, it must be shown by tests, or analysis supported by tests, that the propeller is capable of continuous safe operation. (h) All engine cowling, access doors, and other removable items must be designed to ensure that they will not separate from the airplane and contact the pusher propeller. 6. Section 23.909 is amended by revising the heading; by removing the word "turbosupercharger" and replacing it with the word "turbocharger" each time it appears in paragraphs (b) and (c); by revising paragraph (a) introductory text; and by adding new paragraphs (d) and (e) to read as follows: §23.909 Turbocharger systems. (a) Each turbocharger must be approved under the engine type certificate or it must be shown that the turbocharger system, while in its normal engine installation and operating in the engine environment- * 0 0 * t (d) Each intercooler installation, where provided, must comply with the following- (1) The mounting provisions of the intercooler must be designed to#
Attachment 1, passage 429Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18971 withstand the loads imposed on the system; (2) It must be shown that, under the installed vibration environment, the intercooler will not fail in a manner allowing portions of the intercooler to be ingested by the engine; and (3) Airflow through the intercooler must not discharge directly on any airplane component (e.g., windshield) unless such discharge is shown to cause no hazard to the airplane under all operating conditions. (e) Engine power, cooling characteristics, operating limits, and procedures affected by the turbocharger system installations must be evaluated. Turbocharger operating procedures and limitations must be included in the Airplane Flight Manual in accordance with § 23.1581. 7. Section 23.925 is amended by redesignating paragraphs (b) and (c) as (c) and (d), respectively, and by adding a new paragraph (b) to read as follows: § 23.925 Propeller clearance. (b) Aft-mounted propellers. In addition to the clearances specified in paragraph (a) of this section, the airplane must be designed such that the propeller will not contact the runway surface when the airplane is in the maximum pitch attitude attainable during normal takeoff and landings. If a tail wheel, bumper, or an energy absorption device is provided to show compliance with this paragraph, the following apply: (1) Suitable design loads must be established for the tail wheel, bumper, or energy absorption device; and (2) The supporting structure of the tail wheel, bumper, or energy absorption device must be designed to withstand the loads established in paragraph (b)(1) of this section and inspection/ replacement criteria must be established for the tail wheel, bumper, or energy absorption device and provided as part of the information required by § 23.1529. * */ * * * 8. Section 23.933 is revised to read as follows: §23.933 Reveising systems. (a) For turbojet and turbofan reversing systems. (1) Each system intended for ground operation only must be designed so that no single failure or malfunction of the system will result In unwanted reverse thrust under any expected operating condition. Failure of structural elements need not be considered if the probability of this type of failure is extremely remote. (2) Each system intended for in-flight use must be designed so that no unsafe condition will result during normal operation of the system, or from any failure, or likely combination of failures, of the reversing system under any operating condition including ground operation. Failure of structural elements need not be considered if the probability of this type of failure is extremely remote. (3) Each system must have a means to prevent the engine from producing more than idle forward thrust when the reversing system malfunctions; except that it may produce any greater forward thrust that is shown to allow directional control to be maintained, with aerodynamic means alone, under the most critical reversing condition expected in operation. Pb) For propeller reversing systems. (1) Each system must be designed so that no single failure, likely combination of failures or malfunction of the system will result in unwanted reverse thrust under any operating condition. Failure of structural elements need not be considered if the probability of this type of failure is extremely remote. (2) Compliance with paragraph (a)(1) of this section must be shown by failure analysis, or testing, or both, for propeller systems that allow the propeller blades to move from the flight low-pitch position to a position that is substantially less than the normal flight, low-pitch position. The analysis may include orbe supported by the analysis made to show compliance with § 35.21 for the type certification of the propeller and associated installation components. Credit will be given for pertinent analysis and testing completed by the engine and propeller manufacturers. 9. Part 23 is amended by adding a new § 23.934 to read as follows: § 23.934 Turbojet and turbofan engine thrust reverser system tests. Thrust reverser systems of turbojet or turbofan engines must meet the requirements of § 33.97 of this chapter or it must be demonstrated by tests that engine operation and vibratory levels are not affected. 10. Section 23.937 is amended by designating the current text as paragraph (a) and adding a new paragraph (b) to read as follows: 523.937 Turbopropeller-drag limiting systems. Nb) As used in this section, drag limiting systems include manual or automatic devices that, when actuated after engine power loss, can move the propeller blades toward the feather position to reduce windmilling drag to a safe level. §23.943 [Amended] 11. Section 23.943 is amended by revising the last sentence to read, "This must be shown for the greatest value and duration of the acceleration expected in service." 12. Section 23.951 is amended by revising paragraph (a) to read as follows: §23.951 General. (a) Each fuel system must be constructed and arranged to ensure fuel flow at a rate and pressure established for proper engine and auxiliary power unit functioning under each likely operating condition, including any maneuver for which certification is requested and during which the engine or auxiliary power unit is permitted to be in operation. § 23.953 [Amended] 13. Section 23.953 is amended by removing the word "drain" in paragraph (b)(1) and inserting in its place the word "escape". 14. Section 23.955 is amended by removing the word "carburetor" and inserting in its place the word "engine" in paragraph (a); by inserting the words "or its" before the word "bypass" and by removing the period and adding in its place "; and" in paragraph (a)(2); by adding new paragraphs (a)(3), (a)(4), (c)(3) and (f)(3); and by revising paragraphs (c) introductory text, (c)(1), (d)(2), (e), and (f)(2) to read as follows: §23.955 Fuel flow. (a) * * * (3) If there is a flowmeter without a bypass, it must not have any failure mode that would restrict fuel flow below the level required in this fuel flow demonstration; and (4) The fuel flow must include that flow needed for vapor return flow, jet pump drive flow, and for all other purposes for which fuel is used. * * * * * (c) Pump systems. The fuel flow rate for each pump system (main and reserve supply) or each reciprocating engine must be 125 percent of the fuel flow required by the engine at the maximum takeoff power approved under this part. (1) This flow rate is required for each main pump and each emergency pump, and must be available when the pump is operating as it-would during takeoff; (3) The fuel pressure, with main and emergency pumps operating simultaneously, must not exceed the fuel Inlet pressure limits of the engine#
Attachment 1, passage 43018972 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations unless it can be shown that no adverse effect occurs. (d) * * * (2) If there is a placard providing operating instructions, a lesser flow rate may be used for transferring fuel from any auxiliary tank into a larger main tank. This lesser flow rate must be adequate to maintain engine maximum continuous power but the flow rate must not overfill the main tank at lower engine powers. (e) Multiple fuel tanks. For reciprocating engines that are supplied with fuel from more than one tank, if engine power loss becomes apparent due to fuel depletion from the tank selected, it must be possible after - switching to any full tank, in level flight, to obtain 75 percent maximum continuous power on that engine in not more than- (1) 10 seconds for naturally aspirated single-engine airplanes; (2) 20 seconds for turbocharged single-engine airplanes, provided that 75 percent maximum continuous naturally aspirated power is regained within 10 seconds; or (3) 20 seconds for multiengine airplanes. (f) * * * (2) For multiengine airplanes, notwithstanding the lower flow rate allowed by paragraph (d) of this section, be automatically uninterrupted with respect to any engine until all the fuel scheduled for use by that engine has been consumed. In addition- (i) For the purposes of this section, "fuel scheduled for use by that engine" means all fuel in any tank intended for use by a specific engine. (ii) The fuel system design must clearly indicate the engine for which fuel in any tank is scheduled. (iii) Compliance with this paragraph must require no pilot action after completion of the engine starting phase of operations. (3) For single-engine airplanes, require no pilot action after completion of the engine starting phase of operations unless means are provided that unmistakenly alert the pilot to take any needed action at least five minutes prior to the needed action; such pilot action must not cause any change in engine operation; and such pilot action must not distract pilot attention from essential flight duties during any phase of operations for which the airplane is approved. 15. Section 23.957 is amended by designating the current paragraph as "(a)"; and by adding a new paragraph Uo} to read as follows: §23.957 Flow between interconnected tanks. (b) If fuel can be pumped from one tank to another in flight, the fuel tank vents and the fuel transfer system must be designed so that no structural damage to any airplane component can occur because of overfilling of any tank. 16. Section 23.961 is revised to read as follows: 123.961 Fuel system hot weather operation. Each fuel system must be free from vapor lock when using fuel at its critical temperature, with respect to vapor formation, when operating the airplane in all critical operating and environmental conditions for which approval is requested. For turbine fuel, the initial temperature must be 100 OF, - 0 0, +5 OF or the maximum outside air temperature for which approval is requested, whichever is more critical. 523.963 [Amended] 17. Section 23.963 is amended by removing paragraph (1). 18, Section 23.965 is amended by revising paragraph (b) to read as follows: 123.965 Fuel tank tests. (b) Each fuel tank with large, unsupported, or unstiffened flat surfaces,whose failure or deformation could cause fuel leakage, must be able to withstand the following test without leakage, failure, or excessive deformation of the tank walls: (1) Each complete tank assembly and its support must be vibration tested while mounted to simulate the actual installation. (2) Except as specified in paragraph (b)(4) of this section, the tank assembly must be vibrated for 25 hours at a total displacement of not less than 1/32 of an inch (unless another displacement is substantiated) while 2A filled with water or other suitable test fluid. (3) The test frequency of vibration must be as follows: (i) If no frequency of vibration resulting from any rpm within the normal operating range of engine or propeller speeds is critical, the test frequency of vibration cycles per minute is obtained by multiplying the maximum continuous propeller speed in rpm by 0.9 for propeller-driven airplanes, and for non-propeller-driven air planes, 2,000 cycles per minute. ii) If only one frequency of vibration resulting from any rpm within the normal operating range of engine or propeller speeds is critical, that frequency of vibration must be the test frequency. (iii) If more than one frequency of vibration resulting from any rpm within the normal operating range of engine or propeller speeds is critical, the most critical of these frequencies must be thp test frequency. 19. Section 23.967 is amended by revising paragraph (d) to read as follows: §23.967 Fuel tank Installation. (d) Each fuel tank must be isolated from personnel compartments by a fume-proof and fuel-proof enclosure that is vented and drained to the exterior of the airplane. The required enclosure must sustain any personnel compartment pressurization loads without permanent deformation or failure under the conditions of §§ 23.365 and 23.843 of this part. A bladder-type fuel cell, if used, must have a retaining shell at least equivalent to a metal fuel tank in structural integrity. 20. Section 23.971 is revised to read as follows: §23.971 Fuel tank sump. (a) Each fuel tank must have a drainable sump with an effective capacity in the normal ground and flight attitudes, of 0.25 percent of the tank capacity, or l/16 gallon, whichever is greater. (b) Each fuel tank must allow drainage of any hazardous quantity of water from any part of the tank to its sump with the airplane in the normal ground attitude. (c) Each reciprocating engine fuel system must have a sediment bowl or chamber that is accessible for drainage; has a capacity of 1 ounce for every 20 gallons of fuel tank capacity; and each fuel tank outlet is located so that, in the normal flight attitude, water will drain from all parts of the tank except the sump to the sediment bowl or chamber. (d) Each sump, sediment bowl, and sediment chamber drain required by paragraphs (a), (b), and (c) of this section must comply with the drain provisions of § 23.999 (b)(1) and (b)(2). 21. Section 23.973 is amended in paragraph (c) by adding to the end of the second sentence the phrase "provided such openings comply with the requirements of § 23.975(a)"; and by adding new paragraphs (e) and (f) to read as follows: §23.973 Fuel tank filler connection. (e) For airplanes with engines requiring gasoline as the only permissible fuel, the inside diameter of#
Attachment 1, passage 431Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18973 the fuel filler opening must be no larger than 2.36 inches. (f) For airplanes with turbine engines, and not equipped with pressure fueling provisions, the inside diameter of the fuel filler opening must be no smaller than 2.95 inches. § 23.975 [Amended] 22. Section 23.975 is amended in * paragraph (a)(5) by replacing the semicolon with a period and adding a new sentence "Any drain valves * installed in the vent lines must discharge clear of the airplane and be accessible for drainage;". §23.977 [Amended] 23. Section 23.977 is amended in paragraph (d) by removing the word "finger". § 23.991 [Amended] 24. Section 23.991 is amended in paragraph (c) by removing the word "normal" and inserting in its place the word "main". § 23.993 [Amended] 25. Section 23.993 is amended in paragraph (d) by removing the words "must be approved or". § 23.997 [Amended] 26. Section 23.997 is amended in. paragraph (d) by removing the phrase "in part 33 of this chapter" and inserting in its place the phrase "during its type certification". 27. Section 23.999 is amended by removing paragraph (b)(3) and by revising paragraph (b)2) to read as follows: § 23.999 Fuel system drains. (b)- * • (2) Have a drain valve- (i) That has manual or automatic means for positive locking in the closed position; (ii) That is readily accessible; (iii) That can be easily opened and closed; (iv) That allows the fuel to be caught for examination; v} That can be observed for proper closing; and (vi) That is either located or protected to prevent fuel spillage in the event of a landing with landing gear retracted. §23.1001 [Amended] 28. Section 23.1001 is amended in paragraph (f) by removing the word "personnel" and inserting in its place the word "crewmembers". 29. Section 23.1011 is amended by redesignating paragraphs (a), (b), (c), and (d) as (b), (c), (d), and (e), respectively; and by adding a new paragraph (a) to read as follows: §23.1011 General. (a) For oil systems and components that have been approved under the engine airworthiness requirements and where those requirements are equal to or more severe than the corresponding requirements of subpart E of this part, that approval need not be duplicated. Where the requirements of subpart E of this part are more severe, substantiation must be shown to the requirements of subpart E of this part. §23.1013 [Amended) 30. Section 23.1013 is amended in paragraph (g) by removing the words "a turbine" and inserting in their place the word "an". §23.1019 [Amended] 31. Section 23.1019 is amended in paragraph (a)(2) by removing the words "under part 33 of this chapter" and inserting in their place the words "for its type certification"; in paragraph (a)(3) by removing the words "an indicator that will" and inserting in their place the words "a means to"; and in paragraph (a)(5) by removing "§ 23.1305(u)" and inserting in its place "§ 23.1305(c)(9)". 32. Section 23.1021 is amended by revising paragraphs (a) and (b) and adding a new paragraph (c) to read as follows: §23.1021 Oil system drains. (a) Be accessible; (b) Have drain valves, or other closures, employing manual or automatic shut-off means for positive locking in the closed position; and (c) Be located or protected to prevent inadvertent operation. 33. Section 23.1027 is amended in paragraphs (b) and (c) by removing the word "trapped" and inserting in its place the word "reserved", and by revising paragraph (a) to read as follows: § 23.1027 Propeller feathering system. (a) If the propeller feathering system uses engine oil and that oil supply can become depleted due to failure of any part of the oil system, a means must be incorporated to reserve enough oil to operate the feathering system. 34. Section 23.1041 is revised to read as follows: §23.1041 General. The powerplant and auxiliary power unit cooling provisions must maintain the temperatures of powerplant components and engine fluids, and auxiliary power unit components and fluids within the limits established for those components and fluids under the most adverse ground, water, and flight operations to the maximum altitude for which approval is requested, and after normal engine and auxiliary power unit shutdown. 123.1047 [Amended] 35. Section 23.1047 is amended in paragraph (b)(2) by removing the phrase "in § 23.1337(e)" and inserting in its place the phrase "in § 23.1305(b)(3)". 35. Section 23.1061 is amended by redesignating paragraph (a)(3) as (a)(4); in newly redesignated paragraph (a)(4) by removing the words "expansion tank" and inserting in their place the words "coolant tank expansion space"; by removing the concluding text of aragraph (a); by revising paragraph (a)(2); and by adding a new paragraph (a)(3) to read as follows: §23.1061 Installation. (a) * * * (2) There are pads or other isolation means between the tank and its supports to prevent chafing. (3) Pads or any other isolation means that is used must be nonabsorbent or must be treated to prevent absorption of flammable fluids; and 37. Section 23.1091 is amended by revising the section heading; in paragraph (a) by inserting the phrase "and auxiliary power unit and their accessories" after the word "engine" in two places; inparagraph (c)(1) by inserting the phrase "or auxiliary power unit and their accessories" after the word "engine"; by adding two new paragraphs (b)(4) and (b)(5); and by revising paragraph (c)(2) to read as follows: 523.109 Air Induction system. (4) Each automatic alternate air door must have an override means accessible to the flight crew. (5) Each automatic alternate air door must have a means to indicate to the lifght crew when it is not closed. (c) s (2) The airplane must be designed to prevent water, slush or other foreign material on the runway, taxiway, or other airport operating surface from being directed into the engine or auxiliary power with air inlet ducts in hazardous quantities during takeoff, landing, and taxiing. 38. Section 23.1093 Is amended in paragraph (a) by adding the heading#
Attachment 1, passage 43218974 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations "Reciprocating engines" and in paragraphs (a)(3) introductory text and (c) by removing the word "carburetors" and inserting in its place the words "fuel metering device"; by revising paragraphs (a)(4), (a)(5), and (b)(1); and by adding new paragraph (a)(6) to read as follows: 923.1093 Induction system Icing protection. (a) * * * (4) Each airplane with sea level engine(s) using fuel metering device tending to prevent Icing has a sheltered alternate source of air with a preheat of not less than 60 OF with the engines at 75 percent of maximum continuous power; (5) Each airplane with sea level or altitude engine(s) using fuel injection systems having metering components on which impact Ice may accumulate has a preheater capable of providing a heat rise of 75 OF when the engine is operating at 75 percent of its maximum continuous power; and (6) Each airplane with sea level or altitude engine(s) using fuel injection systems not having fuel metering components projecting Into the airstream on which ice may form, and introducing fuel into the air induction system downstream of any components or other obstruction on which ice produced by fuel evaporation may form, has a sheltered alternate source of air with a preheat of not less than 60 OF with the engines at 75 percent of its maximum continuous power. (b) Turbine engines. (1) Each turbine engine and its air inlet system must operate throughout the flight power range of the engine (including idling), without the accumulation of ice on engine or inlet system components that would adversely affect engine operation or cause a serious loss of power or thrust- (i) Under the icing conditions specified in appendix C of part 25 of this chapter; and (ii) In snow, both falling and blowing, within the limitations established for the airplane for such operation. 39. Section 23.1101 is amended by revising the section heading, the introductory text of the section, and paragraph (a) to read as follows: §23.1101 Induction air preheater design. Each exhaust-heated, induction air preheater must be designed and constructed to- (a) Ensure ventilation of the preheater when the induction air preheater is not being used during engine operation; * * t * 40. Section 23.1103 is amended by adding new.paragraphs (c), (d), (e), and (0 to read as follows: 23.1103 Induction system ducts. *t * * a * (c) Each flexible induction system duct must be capable of withstanding the effects of temperature extremes, fuel, oil, water, and solvents to which it is expected to be exposed in service and maintenance without hazardous deterioration or delamination. (d) For reciprocating engine installations, each induction system duct must be- (1) Strong enough to prevent induction system failures resulting from normal backfire conditions; and (2) Fire resistant in any compartment for which a fire extinguishing system is required. (e) Each inlet system duct for an auxiliary power unit must be- (1) Fireproof within the auxiliary power unit compartment; (2) Fireproof for a sufficient distance upstream of the auxiliary power unit compartment to prevent hot gas reverse flow from burning through the duct and entering any other compartment of the airplane in which a hazard would be created by the entry of the hot gases; (3) Constructed of materials suitable to the environmental conditions expected in service, except in those areas requiring fireproof or fire resistant materials; and (4) Constructed of materials that will not absorb or trap hazardous quantities of flammable fluids that could be ignited by a surge or reverse-flow condition. (f) Induction system ducts that supply air to a cabin pressurization system must be suitably constructed of material that will not produce hazardous quantities of toxic gases or isolated to prevent hazardous quantities of toxic gases from entering the cabin during a powerplant fire. 41. Part 23 is amended by adding a new § 23.1107 to read as follows: 923.1107 Induction system filters. On reciprocating-engine installations, if an air filter is used to protect the engine against foreign material particles in the induction air supply- (a) Each air filter must be capable of withstanding the effects of temperature extremes, rain, fuel, oil, and solvents to which it is expected to be exposed in service and maintenance; and (b) Each air filter shall have a design feature to prevent material separated from the filter media from interfering with proper fuel metering operation. 42. Section 23.1121 is amended by adding introductory text to the section, by revising paragraph (c), and by adding a new paragraph (i) to read as follows: 523.1121 General. For powerplant and auxiliary power unit installations, the following apply- * * * * * (c) Each exhaust system must be separated by fireproof shields from adjacent flammable parts of the airplane that are outside of the engine and auxiliary power unit compartments. * * * * * (i) For the purpose of compliance with § 23.603, the failure of any part of the exhaust system will be considered to adversely affect safety. 923.1123 [Amended] 43. Section 23.1123 is amended in the section heading and paragraphs (a), (b), and (c) by removing the word "manifold" and inserting in its place the word "system." 44. Part 23 is amended by adding a new § 23.1142 to read as follows: §23.1142 Auxiliary power unit controls. Means must be provided on the flight deck for the starting, stopping, monitoring, and emergency shutdown of each installed auxiliary power unit. 45. Section 23.1143 is amended by adding a new paragraph (g) to read as follows: §23.1143 Engine controls. * * * * it (g) For reciprocating single-engine airplanes, each power or thrust control must be designed so that if the control separates at the engine fuel metering device, the airplane is capable of continued safe flight and landing. §23.1145 [Amended] 46. Section 23.1145 is amended in paragraph (a) by adding the phrase "and shut off" between the words "must control" and "each ignition". 47. Section 23.1147 is amended by redesignating the introductory text of paragraph (a) and paragraphs (a)(1) and (a)(2) as paragraphs (a)(1) introductory text, (a)(1)(i) and (a)(1)(ii) respectively; by redesignating the introductory text to the section as the introductory text of paragraph (a); by redesignating paragraph (b) as paragraph (a)(2); and by adding a new paragraph (b) to read as follows: §23.1147 Mixture controls. (b) For reciprocating single-engine airplanes, each manual engine mixture control must be designed so that, if the control separates at the engine fuel metering device, the airplane is capable of continued safe flight and landing.#
Attachment 1, passage 433Federal Register / Vol. 58, No. 67 1 Friday, April 9, 1993 t Rules and Regulations 18975 48. Part 23 is amended by adding a .new § 23.1181 under the undesignated center heading "Powerplant Fire Protection" to read as follows: 123.1181 Designated fire zones; regions InCudLd Designated fire zones are-- (a) For reciprocating engines- (1) The power section; (2) The accessory section; (3) Any complete powerplant compartment in which there is no isolation between the power section and the accessory section. b) For turbine engines- (1) The compressor and accessory sections; (2) The combustor, turbine and tailpipe sections that contain lines or components carrying flammable fluids or gases. (c) Any auxiliary power unit compartment; and (d) Any fuel-burning heater, and other combustion equipment installation described in § 23.859; 49. Section 23.1189 is amended in paragraph (a) by removing the words "subjoct to S 23.67(a) and § 23.67(b)(1)'" and by revising paragraph (a)(5) to read as follows: attitudes. Drain operation may be shown by test, analysis, or both, to ensure that under normal aerodynamic pressure distribution expected in service each drain will operate as designed. No drain may discharge where it will cause a fire hazard. * t * ft ft 52. Section 23.1195 is amended by redesignating paragraphs (a), (b), and (c) as paragraphs (a)(1), (a)(2). and (a)(3), respectively; by designating the introductory text of the section as paragraph (a) introductory text; and by adding a new paragraph (b) to read as follows: (2) An oil pressure indicator for each engine. 3) An oil temperature indicator for each engine. (4) An oil quantity measuring device for each oil tank which meets the requirements of§ 23.1337(d). (5) A fire warning means for those airplanes required to comply with § 23.1203. (b) For reciprocating engine-powered airplanes. In addition to the powerplant instruments required by paragraph (a) of this section, the following powerplant instruments are required: (1) An induction system air temperature indicator for each engine §23.1195 Firsextinguishng systmi. equipped with a preheater and having Induction air temperature limitations (b) If an auxiliary power unit Is that can be exceeded with preheat. installed in any airplane certificated to (2) A tachometer indicator for each this pert, that auxiliary power unit engine. {3) A cylinder head temperature compartment must be served by a fire extinguishing system meeting the requirements of paragraph (al(2) of this section. Indicator for- (i) Each air-cooled engine with cowl fl ap s; ii) Each airplane for which 53. Section 23.1203 is amended in paragraph (e) by removing the words "an engine compartment" and inserting in their place the words "a fire zone"; by removing the introductory text to the section; and by revising paragraph Ca) to read as follows: §23.1185 Shutoff mens. (a) * * (5) Not more than one quart of flammable fluid may escape into the engine compartment after engine shutoff. For those installations where the flammable fluid that escapes after shutdown cannot be limited to one quart, it must be demonstrated that this greater amount can be safely contained or drained overboard. § 23.1203 Fire. detector system. (a) There must be means that ensure the prompt detection of a fire in- (1) An engine compartment of- (I) Multiengine turbine powered airplanes; T) Multiengine reciprocating engine powered airplanes incorporating turbochargers; (iii) Airplanes with engine(s) located where they are not readily visible from 50. Section 23.1191 is amended in the cock pit; and (iv) AlT commuter category airplanes. paragraph (a) by removing the words (2) The auxiliary power unit "intended for operation in flight,"; in compartment of any airplane paragraph (b) by removing the word "engine" and inserting in its place the incorporating an auxiliary power unit word "isolated"; by removing and reserving paragraph (d); in paragraph (0{1) by removing the term "2000 ± 50 *F" and inserting in its place the term "2000 ± 50 *F"; and by adding a new paragraph (h)(6) to reed as follows: 54. Section 23.1303 is amended by revisin8 paragraph (c) to read as follows: §23.1303 FUght and navigation Instruments. ft t ft ft f (c) A direction indicator §23.1191 Flrewalls. (nonstabilized magnetic compass). * t f t ft f (h)' * : 55. Section 23.1305 is revised to read (6) Titanium sheet, 0.016 inch thick. as follows: 51. Section 23.1193 is amended by revising paragraph (b) to read as follows: §23.1193 Cowling and nacelle. (b) There must be means for rapid and complete drainage of each part of the cowling in the normal ground and flight §23.1305 Powerplant Instruments. The following are required powerplant instruments: (a) For ali airplanes. (1) A fuel quantity indicator for each fuel tank, installed in accordance with § 23.1337(bl. compliance with § 23.1041 is shown at a speed higher than V,; and (iii) Each commuter category airplane. (4) A fuel pressure indicator for each pump fed engine. (5) A manifold pressure indicator for each altitude engine and for each engine with a controllable propeller. (6) For each turbocharger installation: (i) If limitations are established for either carburetor (or manifold) air inlet temperature or exhaust gas or turbocharger turbine inlet temperature, indicators must be furnished for each temperature for which the limitation is established unless it is shown that the limitation will not be exceeded in all intended operations. (ii) If its oil system is separate from the engine oil system, oil pressure and oil temperature indicators must be provided. (7) A coolant temperature indicator for each liquid-cooled engine. (c) For turbine engine-powered airplanes. I addition to the powerplant instruments required by paragraph (a) of this section, the following powerplant instruments are required: (1) A gas temperature indicator for each engine. (2) A fuel flowmeter indicator for each engine. (3) A fuel low pressure warning means for each engine. (4) A fuel low level warning means for any fuel tank that should not be depleted of fuel in normal operations. (5) A tachometer indicator (to indicate the speed of the rotors with established limiting speeds) for each engine. (6) An oil low pressure warning means for each engine.#
Attachment 1, passage 43418976 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations (7) An indicating means to indicate the functioning of the powerplant ice protection system for each engine. (8) For each engine, an indicating means for the fuel strainer or filter required by § 23.997 to indicate the occurrence of contamination of the strainer or filter before it reaches the capacity established in accordance with § 23.997(d). (9) For each engine, a warning means for the oil strainer or filter required by § 23.1019, if it has no bypass, to warn the pilot of the occurrence of contamination of the strainer or filter screen before it reaches the capacity established in accordance with § 23.1019(a)(5). (10) An indicating means to indicate the functioning of any heater used to prevent ice cloiging of fuel system components. (d)For turbojet/turbofan engine- powered airplanes. In addition to the powerplant instruments required by paragraphs (a) and (c) of this section, the following powerplant instruments are required: (1) For each engine, an indicator to indicate thrust or to indicate a parameter than can be related to thrust, including a free air temperature indicator if needed for this purpose. (2) For each engine, a position indicating means to indicate to the flight crew when the thrust reverser, if installed, is in the reverse thrust position. (e) For turbopropeller-powered airplanes. In addition to the powerplant instruments required by paragraphs (a) and (c) of this section, the following powerplant instruments are required: (1) A torque indicator for each engine. (2) A position indicating means to indicate to the flight crew when the propeller blade angle is below the flight low pitch position, for each propeller, unless it can be shown that such occurrence is highly improbable. 56. Section 23.1307 is amended in paragraph (a) by removing the words "an approved" and inserting in their place the word "a"; and by adding a new paragraph (c) to read as follows: § 23.1307 Miscellaneous equipment. * t It *t * (c) The equipment necessary for an airplane to operate at the maximum operating altitude and in the kinds of operations and meteorological conditions for which certification is requested and is approved in accordance with § 23.1559 must be included in the type design. 57. Section 23.1322 is amended by adding a new paragraph (e) to read as follows: §23.1322 Warning, caution, and advisory lights,. * * * *t * (e) Effective under all probable cockpit lighting conditions. 58. Section 23.1329 is amended by redesignating paragraphs (b), (c), (d), e}, (f}, and (g) as (c), (d), (e), {(}, (g), and (h), respectively; and adding a new paragraph (b) to read as follows: §23.1329 Automatic pilot system. * It * * * (b) If the provisions of paragraph (a)(1) of this section are applied, the quick release (emergency) control must be located on the control wheel (both control wheels if the airplane can be operated from either pilot seat) on the side opposite the throttles, or on the stick control, such that it can be operated without moving the hand from its normal position on the control. *t * *t * * 59. Section 23.1331 is revised to read as follows: §23.1331 Instruments using a power source. For each instrument that uses a power source, the following apply: (a) Each instrument must have an integral visual power annunciator or separate power indicator to indicate when power is not adequate to sustain proper instrument performance. If a separate indicator is used, it must be located so that the pilot using the instruments can monitor the indicator with minimum head and eye movement. The power must be sensed at or near the point where it enters the instrument. For electric and vacuum/pressure instruments, the power is considered to be adequate when the voltage or.the vacuum/pressure, respectively, is within approved limits. (b) The installation and power supply systems must be designed so that- (1) The failure of one instrument will not interfere with the proper supply of energy to the remaining instrument; and (2)The failure of the energy supply from one source will not interfere with the proper supply of energy from any other source. (c) There must be at least two independent sources of power (not driven by the same engine on multiengine airplanes), and a manual or an automatic means to select each power source. §23.1337 [Amended] 60. Section 23.1337 is amended in paragraphs (a)(1) and (a)(3) by inserting the words "and auxiliary power unit" after the word "powerplant" and in paragraph (b)(5) by removing the words "a small" and inserting the word "an". 61. Section 23.1351 is amended by revising paragraph (c) and by adding a new paragraph (g) to read as follows: §23.1351 General. * * * * * (c) Generating System. There must be at least one generator/alternator if the electrical system supplies power to load circuits essential for safe operation. In addition- (1) Each generator/alternator must be able to deliver its continuous rated power, or such power as is limited by its regulation system. (2) Generator/alternator voltage control equipment must be able to dependably regulate the generator/ alternator output within rated limits. (3) Means must be provided to disconnect each generator/alternator from the battery and other generators/ alternators when enough reverse current exists that might damage the generator/ alternator, or will adversely affect the airplane electrical system. (4) There must be a means to give immediate warning to the flight crew ef a failure of any generator/alternator. (5) Each generator/alternator must have an overvoltage control designed and installed to prevent damage to the electrical system, or to equipment supplied by the electrical system that could result if that generator/alternator were to develop an overvoltage condition. (g) It must be shown by analysis, tests, or both, that the airplane can be operated safely in VFR conditions, for a period of not less than five minutes, with the normal electrical power (electrical power sources excluding the battery and any other standby electrical sources)- inoperative, with critical type fuel (from the standpoint of flameout and restart capability), and With the airplane initially at the maximum certificated altitude. Parts of the electrical system may remain on if- (1) A single malfunction, including a wire bundle or junction box fire, cannot result in loss of the part turned off and the part turned on; and (2) The parts turned on are electrically and mechanically isolated from the parts turned off. 62. Section 23.1357 is amended by revising paragraphs (a)(1) and (e) to read as follows: §23.1357 Circuit protective devices. (a) * * * (1) Main circuits of starter motors used during starting only; and (e) For fuses identified as replaceable in flight-#
Attachment 1, passage 435Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18977 (1) There must be one spare of each rating or 50 percent spare fuses of each rating, whichever is greater; and (2) The spare fuse(s) must be readily accessible to any required pilot. 63. Section 23.1361 is aiended by revising paragraphs (a) and (b) to read as follows: 123.136t Matter switch arrangement. (a) There must be a master switch arrangement to allow ready disconnection of each electric powerr source from power distribution systems. except as provided in paragraph (b3 of this section. The point of disconnection must be adjacent to the sources controlled by the switch arrangemnt. If separate switches are incorporated into the master switch arrangement, a means must be provided for the switch arrangement to be operated by one hand with a single movement. (b) Load circuits may be connected so that they remain energized when the master switch is open, if the circuits are isolated, or physically shielded, to prevent their ignting flammable fluids or vapors that might be liberated by the leakage or rupture of any flammable fluid system; and (1) The circuits are required for continued operation of the engine; or (2) The circuits are protected by circuit protective devices with a rating of five amperes or less adjacent to the electric power source. (3) In addition, two or more circuits installed in accordance with the requirements of paragraph (b)(2) of this section must not be used to supply a load of more than five amperes. 64. Section 23.1365 is amended by adding a new paragraph (c) to read as follows; §23.1365 Electric cables and equipment. (c) Main power cables (including generator cables) in the fuselage must be designed to allow a reasonable degree of deformation and stretching without failure and must- (1) Be separated from flammable fluid lines; or (2) Be shrouded by means of electrically insulated flexible conduit, or equivalent, which is in addition to the normal cable insulation. 65. Section 23.1385 is amended in paragraph (c) by removing the phrase ", and must be approved"; by -removing paragraph (d); and by redesignating paragraph (e) as paragraph (d); and by revising paragraph (b) to read as follows: S23.1365 Poetion light systm Instabola i* t /t *t / (b) Left and right position lights. Left and right position lights must consist of a red and a green light spaced laterally as far apart as practicable and installed on the airplane such that, with the airplane in the normal flying position, the red light is on the left side and the green light is on the right side. *23.1387 [Amended) 66. Section 23.1387 is amended in paragraph (a) by removing the words "forward and rear". §23.1389 [Amefed] 67. Section 23.1389 is amended in paragraph (b) by removing the words "Forward and rear" from the heading, by revising the word "position" in the heading to read "Position", and by removing the words "forward and rear" from the first sentence; in paragraph (b)(3) by removing the word "forward" in the last sentence and inserting in its place the words "left and right". §23.1391 [Amended] 68. Section 23.1391 is amended in the section heading by removing the words "forward and rear" and in the table by removing the words "(forward red and green)" and inserting in their place "(red and green)". 523.1393 [Amended) 69. Section 23.1393 is amended in the section heading by removing the words "forward and rear". 523.1305 [Amended] 70. Section 23.1395 is amended in the section heading by removing the words "forward and rear". 71. Section 23.1419 is revised to read as follows: §23.1419 Ice protetion. If certification with ice protection provisions is desired, compliance with the requirements of this section and other applicable sections of this part must be shown: (a) An analysis must be performed to establish, on the basis of the airplane's operational needs, the adequacy of the ice protection system for the various components of the airplane. In addition, tests of the ice protection system must be conducted to demonstrate that the airplane is capable of operating safely in continuous maximum and intermittent maximum icing conditions, as described in appendix C of part 25 of this chapter. As used in this section, "Capable of operating safely," means that airplane performance, controllability, maneuverability, and stability must not be less than that required in part 23, subpart B. (b) Except as provided by paragraph (c) of this section, in addition to the analysis and physical evaluation prescribed in paragraph (a) of this section, the effectiveness of the ice protection system and its components must be shown by flight tests of the airplane or its components in measured natural atmospheric icing conditions and by one or more of the following tests, as found necessary to determine the adequacy of the ice protection system- (1) Laboratory dry air or simulated icing tests, or a combination of both, of the components or models of the components. (2) Flight dry air tests of the ice protection system as a whole, or its individual components. (3) Flight test of the airplane or its components in measured simulated icing conditions. (c If certification with ice protection has been accomplished on. prior type certificated airplanes whose designs include components that are thermodynamically and aerodynamically equivalent to those used on a new airplane design, certification of these equivalent components may be accomplished by reference to previously accomplished tests, required in § 23.1419 (a) and (b), provided that the applicant accounts for any differences in installation of these components. (d) A means must be identified or provided for determining the formation of ice on the critical parts of the airplane. Adequate lighting must be provided for the use of this means during night operation. Also, when monitoring of the external surfaces of the airplane by the flight crew is required for operation of the ice protection equipment, external lighting must be provided that is adequate to enable the monitoring to be done at night. Any illumination that is used must be of a type that will not cause glare or reflection that would handicap crewmembers in the performance of their duties. The Airplane Flight Manual or other approved manual material must describe the means of determining ice formation and must contain information for the safe operation of the airplane in icing conditions. 72. Section 23.1431 is revised to read as follows: §23.1431 Electronic equipment. (a) In showing compliance with § 23.1309(b) (1) and (2) with respect to radio and electronic equipment and their installations, critical#
Attachment 1, passage 43618978 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations environmental conditions must be considered. (b) Radio and electronic equipment, controls, and wiring must be installed so that operation of any unit or system of units will not adversely affect the simultaneous operation of any other radio or electronic unit, or system of units, required by this chapter. 73. Section 23.1435 is amended by revising paragraph (c) to read as follows: §23.1435 Hydraulic systems. (c) Accumulators. A hydraulic accumulator or pressurized reservoir must not be installed on the engine side of any firewall unless- (1) It is an integral part of an engine or propeller, or (2) It is a nonpressurized reservoir and the total capacity of all such nonpressurized reservoirs is one quart or less. 74. Section 23.1441 is amended by revising paragraphs (a) and (d); and by adding a new paragraph (e) to read as follows: §23.1441 Oxygen equipment and supply. (a) If certification with supplemental oxygen equipment is requested, or the airplane is approved for operations at or above altitudes where oxygen is required to be used by the operating rules, oxygen equipment must be provided that meets the requirements of this section and §§ 23.1443 through 23.1449. Portable oxygen equipment may be used to meet the requirements of this part if the portable equipment is shown to comply with the applicable requirements, is identified in the airplane type design, and its stowage provisions are found to be in compliance with the requirements of § 23.561. (d) Each required flight crewmember must be provided with- (1) Demand oxygen equipment If the airplane is to be certificated for operation above 25,000 feet. (2) Pressure demand oxygen equipment if the airplane is to be certificated for operation above 40,000 feet. (e) There must be a means, readily available to the crew in flight, to turn on and to shut off the oxygen supply at the high pressure source. This shutoff requirement does not apply to chemical oxygen generators. 75. Section 23.1443 is revised to read as follows: §23.1443 Minimum mass flow of supplemental oxygen. (a) If continuous flow oxygen equipment is installed, an applicant must show compliance with the requirements of either paragraphs (a)(1) and (a)(2) or paragraph (a)(3) of this section: (1) For each passenger. the minimum mass flow of supplemental oxygen required at various cabin pressure altitudes may not be less than the flow required to maintain, during inspiration and while using the oxygen equipment (including masks) provided, the following mean tracheal oxygen partial pressures; (i) At cabin pressure altitudes above 10,000 feet up to and including 18,500 feet, a mean tracheal oxygen partial pressure of 100 mm. Hg when breathing 15 liters per minute, Body Temperature, Pressure, Saturated (BTPS) and with a tidal volume of 700 cc. with a constant time interval between respirations. (ii) At cabin pressure altitudes above 18,500 feet up to and including 40,000 feet, a mean tracheal oxygen partial pressure of 83.8 mm. Hg when breathing 30 liters per minute, BTPS, and with a tidal volume of 1,100 cc. with a constant time interval between respirations. (2) For each flight crewmember, the minimum mass flow may not be less than the flow required to maintain, during inspiration, a mean tracheal oxygen partial pressure of 149 mm. Hg when breathing 15 liters per minute, BTPS, and with a maximum tidal volume of 700 cc. with a constant time interval between respirations. (3) The minimum mass flow of supplemental oxygen supplied for each user must be at a rate not less than that shown in the following figure for each altitude up to and including the maximum operating altitude of the airplane. 4.? LPM X) 400 3.5 LPtA "3 2.5.003 O.8 LPU 0' 20 3 II oxygen required for each flight crewmember may not be less than the flow required to maintain, during inspiration, a mean tracheal oxygen partial pressure of 122 mm. Hg up to and including a cabin pressure altitude of 35,000 feet, and 95 percent oxygen between cabin pressure altitudes of 35,000 and 40,000 feet, when breathing 20 liters per minute BTPS. In addition, there must be means to allow the crew to use undiluted oxygen at their discretion. (c) If first-aid oxygen equipment is installed, the minimum mass flow of oxygen to each user may not be less than 4 liters per minute, STPD. However, there may be a means to decrease this flow to not less than 2 liters per minute, STPD, at any cabin altitude. The quantity of oxygen required is based upon an average flow rate of 3 liters per minute per person for whom first-aid oxygen is required. (d) As used in this section: (1) BTPS means Body Temperature, and Pressure, Saturated (which is, 37 0C, and the ambient pressure to which the body is exposed, minus 47 mm. Hg, which is the tracheal pressure displaced by water vapor pressure when the breathed air becomes saturated with water vapor at 37 °C). (2) STPD means Standard, Temperature, and Pressure, Dry (which is, 0 OC at 760 mm. Hg with no water vapor). 76. Part 23 is amended by adding a new § 23.1445 to read as follows: §23.1445 Oxygen distribution system. (a) Except for flexible lines from oxygen outlets to the dispensing units, or where shown to be otherwise suitable to the installation, nonmetallic tubing must not be used for any oxygen line that is normally pressurized during flight, (b) Nonmetallic oxygen distribution lines must not be routed where they may be subjected to elevated temperatures, electrical arcing, and released flammable fluids that might result from any probable failure. 77. Section 23.1447 is amended by revising paragraph (e) to read as follows: 123.1447 Equipment standards for oxygen dispensing units. (e) If certification for operation above 40 30,000 feet is requested, the dispensing CABIN PRESSURE ATITVDE THOUSANOS OF FELT units must meet the following requirements: (1) The dispensing units for passengers must be automatically (b) If demand equipment is in stalled presented to each occupant before the for use by flight ciewmembers, the cabin pressure altitude exceeds 15,000 minimum mass flow of supplem nental feet.#
Attachment 1, passage 437Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18979 (2) The dispensing units for flight crewmembers must be automatically presented to each flight crewmember before the cabin pressure altitude exceeds 15,000 feet, or the units must be of the quick-donning type, connected to an oxygen supply terminal that is immediately available to flight crewmembers at their station. 78. Part 23 Is amended by adding a new appendix H to read as follows: Appendix H to Part 23-Installation of An Automatic Power Reserve (APR) System H23.1, General. (a) This appendix specifies requirements for installation of an APR engine power control system that automatically advances power or thrust on the operating engine(s) In the event any engine fails during takeoff. (b)'With the APR system and associated systems functioning normally, all applicable requirements (except as provided in this appendix) must be met without requiring any action by the crew to increase power or thrust. H23.2, Definitions. (a) Automatic power reserve system means the entire automatic system used only during takeoff, including all devices both mechanical and electrical that sense engine failure, transmit signals, actuate fuel controls or power levers on operating engines, including power sources, to achieve the scheduled power increase and furnish cockpit information on system operation. (b) Selected takeoff power, notwithstanding the definition of "Takeoff Power" in part I of the Federal Aviation Regulations, means the power obtained from each initial power setting approved for takeoff. (c) Critical Time Interval, as illustrated in figure H1, means that period starting at V, minus one second and ending at the intersection of the engine and APR failure flight path line with the minimum performance all engine flight path line. The engine and APR failure flight path line intersects the one-engine-inoperative flight path line at 400 feet above the takeoff surface. The engine and APR failure flight path is based on the airplane's performance and must have a positive gradient of at least 0.5 percent at 400 feet above the takeoff surface. )0 3 S 0 4 0 1 a to 0 Figure HI-Crtticai Tim. Intorvai Ilustration H23.3, Reliability and performance requirements. (a) It must be shown that, during the critical time interval, an APR failure that increases or does not affect power on either engine will not create a hazard to the airplane, or it must be shown that such failures are improbable. (b) It must be shown that, during the critical time interval, there are no failure modes of the APR system that would result in a failure that will decrease the power on either engine or it must be shown that such failures are extremely improbable. (c) It must be shown that, during the critical time interval, there will be no failure of the APR system in combination with an engine failure or It must be shown that such failures are extremely improbable. (d) All applicable performance requirements must be met with an engine failure occurring at the most critical point during takeoff with the APR system functioning normally. H23.4, Power setting. The selected takeoffpower set on each engine at the beginning of the takeoff roll may not be less than- (a) The power necessary to attain, at Vi. 90 percent of the maximum takeoff power approved for the airplane for the existing conditions; (b) That required to permit normal operation of all safety-related systems and equipment that are dependent upon engine power or power lever position; and (c) That shown to be free of hazardous engine response characteristics when power is advanced from the selected takeoff power level to the maximum approved takeoff power. H23.5, Powerplant controls--general. (a) In addition to the requirements of § 23.1141, no single failure or malfunction (or probable combination thereof) of the APR, including associated systems, may cause the failure of any powerplant function necessary for safety. (b) The APR must be designed to- (1) Provide a means to verify to the flight crew before takeoff that the APR is in an operating condition to perform its intended function; (2) Automatically advance power on the operating engines following an engine failure during takeoff to achieve the maximum attainable takeoff power without exceeding engine operating limits; (3) Prevent deactivation of the APR by manual adjustment of the power levers following an engine failure; (4) Provide a means for the flight crew to deactivate the automatic function. This means must be designed to prevent inadvertent deactivation; and (5) Allow normal manual decrease or increase in power up to the maximum takeoff power approved for the airplane under the existing conditions through the use of power levers, as stated in § 23.1141(c), except as provided under paragraph (c) of H23.5 of this appendix. (c) For airplanes equipped with limiters that automatically prevent engine operating limits from being exceeded, other means may be used to increase the maximum level of power controlled by the power levers in the event of an APR failure. The means must be located on or forward of the power levers, must be easily identified and operated under all operating conditions by a single action of any pilot with the hand that is normally used to actuate the power levers, and must meet the requirements of § 23.777 (a), (b), and (c). H23.6, Powerplant instruments. In addition to the requirements of § 23.1305: (a) A means must be provided to indicate when the APR is in the armed or ready condition. (b) If the inherent flight characteristics of the airplane do not provide warning that an engine has failed, a warning system Independent of the APR must be provided to give the pilot a clear warning of any engine failure during takeoff. (c) Following an engine failure at V, or above, there must be means for the crew to readily and quickly verify that the APR has operated satisfactorily. Issued in Washington, DC on March 29, 1993. Joseph M. Del Balo, Acting Administrator. [FR Doc. 93-7737 Filed 4-8-93; 8:45 aml BILLING COot 4910-I1#
Attachment 1, passage 438Friday April 9, 1993 Part IV Department of Transportation Federal Railroad Administration 49 CFR Part. 240 Locomotive Engineers; Qualifications; Interim Final Rule#
Attachment 1, passage 43918982 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 240 [FRA Docket No. RSOR-9, Notice 81 RIN 2130-AA74 Qualifications for Locomotive Engineers AGENCY: Federal Railroad Administration (FRA), DOT. ACTION: Interim final rule. SUMMARY: FRA is amending its minimum qualifications for locomotive engineers in response to petitions for reconsideration and requests for clarification. The amendments involve minor changes to the basic rule, which requires railroads to have a formal process for evaluating prospective operators of locomotives and determining that they are competent before permitting them to operate a locomotive or train. The amendments primarily clarify the procedures that require railroads to make a series of four determinations about a person's competency; devise and adhere to an FRA-approved training program for locomotive engineers; and employ standard methods for identifying qualified locomotive engineers and monitoring their performance. FRA is adopting these changes to improve its regulation, which minimizes the potentially grave risks posed when unqualified people operate trains. EFFECTIVE DATE: The amendments to the rule are effective on May 10, 1993. ADDRESSES: Any communication concerning this rulemaking should be submitted to the Docket Clerk, Office of Chief Counsel, FRA, 400 Seventh Street, SW., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Thomas A. Murphy, Operating Practices Specialist, Office of Safety Enforcement, Office of Safety, FRA, 400 Seventh Street, SW., Washington, DC 20590 (Telephone: 202-366-6594); or Richard M. McCord, Regional Director for Safety, FRA, Chicago, Illinois (Telephone: 312- 353-6203); or Lawrence I. Wagner, Trial Attorney, Office of Chief Counsel, FRA, 400 Seventh Street, SW., Washington, DC 20590 (Telephone: 202-366-0443). SUPPLEMENTARY INFORMATION: FRA issued a final rule establishing qualification standards for locomotive engineers that was published in the Federal Register on June 19, 1991 (56 FR 28228). The final rule permitted any person to seek reconsideration of the rule by filing a petition for reconsideration no later than August 19, 1991. FRA received five timely filed petitions for reconsideration. Those seeking reconsideration included the Association of American Railroads (AAR), the American Short Line Railroad Association (ASLRA), the Brotherhood of Locomotive Engineers (BLE), Sper Rail Services Incorporated (Sperry), and a concerned citizen. In addition, FRA received multiple requests for clarification of certain aspects of the rule, including those made during a series of public meetings (see the September 10, 1991 and October 25, 1991 issues of the Federal Register (56 FR 46126, 55240) for the announcements concerning those meetingsi. Summary of Petitions The AAR petition identified eight issues where either a change in rule language is desired or interpretive guidance that might involve a change in the rule is sought. The AAR issues may be summarized as follows: (1) Better identification of what "service" vehicles are considered locomotives for the purposes of this rule; (2) latitude to electronically store the records required by this rule; (3) addition of a duty, for persons seeking certification, to initiate retrieval of motor vehicle operation data early in the 180-day interval within which railroads must act; (4) certification of Mexican and "contractor" engineers similar to that provided for Canadian engineers; (5) qualified immunity from defamation for railroads that supply prior work history concerning an engineer; (6) whether to explain or modify how substance abuse data will be used, since it appears mandatory that a railroad suspend the certificate of a person with adverse motor vehicle driving history data (DMV data), and whether to provide for hearings in connection with revocation of certification which, under some circumstances, could impinge on employee assistance program counselor (EAP) confidentiality; (7) whether the 9- month loss of eligibility for in-service substance abuse was intended to effectively remove EAP counselor discretion and whether to expand such disqualification to preclude all safety- sensitive service; and (8) an explanation of how FRA expects railroads to integrate the wording of the rule that requires hearings for revocation of certification with medical disqualification procedures that are significantly different under some existing contractual arrangements. The BLE petition also addresses eight issues where either a change in rule language is desired or interpretive guidance that might involve a change in the rule is sought. The BLE requests may be summarized as follows: (1) Improve the criteria for selection of designated supervisors; (2) relieve a certification candidate from responsibility for providing data in the event that data (either prior motor vehicle operation or railroad employment) are not delivered or are not delivered in a timely fashion; (3) reduce the severity of the punishment for second and third operating rule offenses; (4) decrease the stringency of the return-to-service testing for those with an active substance abuse disorder; (5) specify the duration of the operational monitoring effort to avoid favoritism by supervisors; (6) modify the penalty for failing knowledge or skill exams; (7) clarify the application of FRA's revocation sections; and (8) alter the rule to preclude one railroad from revoking certification based on a revocation action of another railroad. The ASLRA petition seeks a result similar to that requested by AAR and BLE for three issues. The ASLRA requests may be summarized as follows: (1) Permit some interchange operations to occur without triggering compliance with the joint operations requirements; (2) clarify the duty of small railroads to have EAP counselor evaluations; and (3) permit an alternative to written knowledge testing. The Sperry petition requests either a change in rule language or interpretive guidance because Sperry does not believe that its self-propelled rail testing cars are properly classified as "locomotives" or that its operators need to be certified engineers. Finally, a concerned citizen seeks changes or guidance which he styled a petition for reconsideration. The concerned citizen's issues may be summarized as follows: (1) How an individual finds out what educational effort is going to be provided by his or her certifying railroad; (2) whether FRA can provide explanation of or further action about the establishment of safeguards for assuring that supervisors are knowledgeable and have reasonable test criteria; (3) moderate the harshness of the periods of ineligibility as well as the civil penalty dollar amounts for rule noncompliance; and (4) require railroads to provide reliable data on train make-up and maximum speeds. FRA's Overall Response to the Petitions Many of the issues raised by the petitions for reconsideration can be resolved by providing interpretive guidance. To the degree that it can, FRA is providing the requested explanations in this notice. These issues that can be resolved in this manner are addressed#
Attachment 1, passage 440Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18983 below under the heading "Interpretive Guidance." Several issues unequivocally involve matters of substantive change to the rule. As to the substantive change issues, after reviewing the petitions, FRA decided to grant them in part; deny them In part; and defer action on them in part, and so informed the petitioners. Final resolution of the deferred portions will occur after FRA conducts a supplemental proceeding permitting full discussion of the relevant issues. In FRA's view, the various petitions for reconsideration raised the following six basic topics that involve questions of substantive regulatory change: (1) Application of the rule to certain service vehicles; (2) application of the rule to certain types of joint operations; (3) application of the rule to certain specific events involving operational misconduct; (4) compatibility of the rule with current railroad practices for electronic data storage; (5) application of the rule to certain events involving testing and evaluation of a locomotive engineer; (6) application of the procedural provisions of the rule to certain events involving denial of certification or suspension and revocation of certification. FRA's resolution of these substantive rule matters is described below. 1. Application of the Rule to Certain Service Vehicles In § 240.7, FRA defines the vehicles which are required to have a certified operator at the controls. That definition employs wording that is nearly identical to the definition employed in 49 CFR part 229, which prescribes the minimum safety standards for locomotives. In the preambles to both the proposed rule and the final rule, FRA noted that the definition of a locomotive was similar under both rules and was an expansive one. That definition easily encompasses the thousands of vehicles produced by Electro-Motive Division of General Motors and General Electric which are typically used to haul trains and are routinely thought of as locomotives. It also encompasses vehicles, such as self- propelled commuter cars, which are not universally recognized as locomotives. In its preambles, FRA provided specific illustrations of some of the less typical types of equipment that would be encompassed under the rule to ensure that interested parties were alert to the broad reach of the definition. Two of the petitions for reconsideration and several of the requests for interpretive guidance question whether certain "service vehicles" are or should be considered locomotives for the purposes of this rule. The following small group of vehicle types have been identified by FRA as being problematic: (1) Rubber- tired vehicles outfitted with standard couplers and frequently with retractable rail wheels (including such multi-modal vehicles denominated as trackmobiles) which are routinely used to move freight or passenger cars in car shop areas; (2) self-propelled cranes frequently called locomotive or burro cranes capable of hauling multiple cars; (3) self-propelled equipment such as weed sprayer equipment or rail grinding equipment, particularly consists that have traditional products from Electro- Motive Division of General Motors or General Electric semi-permanently attached to provide motive power; and (4) rail bound, self-propelled detection equipment including vehicles such as those operated by FRA, Sperry Rail Services, and various railroads for measuring track geometry and detecting the presence of metallurgical flaws in rails. In drafting its proposed and final rules, FRA's basic premise was that Congress contemplated an all- encompassing regulatory scheme. Thus, FRA's responsibility was to construct a regulatory scheme broad enough to enconipass the operation of all vehicles that can be legitimately thought of as "locomotives." Interested parties clearly did not fully recognize the potential application of these qualification standards to the operators of such service vehicles despite preamble discussion of this issue. Consequently, they did not comment at all or provided only limited expression of their views on this aspect of the nile. Prior to taking action to resolve this issue, FRA believes that interested parties should be given another opportunity to comment. Therefore, FRA is deferring a decision on whether to consider these four types of vehicles to be locomotives for the purposes of this rule and issuing a notice of proposed rulemaking to solicit views on this issue. That notice of proposed rulemaking will appear in a future issue of the Federal Register and contains a more expansive discussion of this issue. Until that supplemental proceeding is completed, FRA will not enforce the rule as applying to the operators of these four types of vehicles identified above. It should be noted that in FRA's view, application of the rule to a number of other types of service vehicles that the AAR petition also identified does not require substantive rule change. Application of the rule to these vehicles can be resolved through interpretation, and they are discussed in the section on interpretive guidance below. 2. Application of the Rule to Specific Types of Joint Operations As the result of contractual arrangements or legally binding directives issued by governmental institutions, a locomotive being operated by one entity may be authorized to traverse the railroad track of another entity. Section 240.7 defines all arrangements as "joint operations." To facilitate implementation of joint operation arrangements, FRA permits (see § 240.225 and § 240.227) one railroad to rely on the qualification determinations reached by another railroad, including determinations rendered in compliance with provisions of the law of a foreign country. Two of the petitions for reconsideration and several requests for interpretive guidance have identified the following three distinct matters related to these provisions: (a) Minimally overlapping operations; (b) certification of locomotive engineers by non-railroad corporations; and (c) qualifications requirements of other countries. (a) Minimal Joint Operations The issue here is the degree to which FRA will permit the conduct of minimal movements over "foreign" line track without deeming such activity to be "joint operations." Large railroads are concerned about situations in which two railroad companies are involved in overlapping operations only to the extent of delivering or retrieving cars from a track designated as the location for placing cars intended to be transferred from one railroad to another. The concern involves the need for data exchanges and dual certifications being triggered by use of the same track for the simple interchange of freight cars. The second variant of the minimal overlap problem involves small railroads. For small railroads that venture onto the tracks of a large railroad, the data exchange problem is overshadowed by the fear that some of the large railroads will hold the small railroad's engineers to excessively high standards, including possible demands for attendance at costly educational sessions. Small railroads also seem concerned that considering such movements as "joint operations" under this rule will serve to negate the partial exclusion from the requirements of FRA's alcohol and drug control program contained in part 219. In that rule, FRA devised a limited exclusion from its testing requirements for railroads with 15 or less employees provided that the small railroad does not operate on the#
Attachment 1, passage 44118984 Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations track of another railroad or otherwise engage in joint operations, except as necessary for the purpose of interchange (see 49 CFR 219.3(b)(2)). As discussed below, the issue of minimally overlapping joint operations is confined to situations involving operations by certified engineers of two different railroads. It does not extend to situations involving operations by non- certified locomotive operators such as those working for industries or contracting companies. FRA 's Response FRA's current provision concerning "joint operations" starts with the premise that whenever two railroads are using the same general system track both the visitor and the host need to know that the certified locomotive engineers from the visiting entity are knowledgeable about the operating rules of the host railroad. As the scope of the overlapping operations expands, the more critical that need becomes. On further reflection, FRA agreed that it should revisit the question of evaluating whether any particular overlapping operation can be deemed sufficiently minimal that the movement should not trigger compliance with the "joint operations" provisions of this rule. FRA agrees with the proposition that there can be some situations that present a very low risk of a human- factor-caused accident attributable to lack of knowledge of another railroad's operating rules on the part of locomotive engineers. In such settings, the safety risk being attenuated by compliance with the provisions of this regulation does not warrant the imposition of the attendant burdens. Rather than provide guidance to railroads about how it views particular operations, as contemplated under its initial rule, FRA is revising the rule to provide a regulatory description of the factual settings that FRA considers the types of operations with limited accident risk that justify exclusion. The critical attributes of such a factual setting are that the operations occur at low speed on an auxiliary track; the operations on the auxiliary track involve limited potential for conflicting movements; and the distances traveled are short. FRA notes that the simultaneous presence of all of these factors does not have any bearing on FRA's jurisdiction over such general system operations. Rather, these factors indicate only a situation where safety does not require the application of a particular regulatory provision. A more detailed explanation of FRA's views on this subject is contained in the section- by-section analysis below. (b) Certification by Incidental Train Operators The second matter involves the ability of business entities that are not traditional railroads to qualify their own employees under this rule. Although it is not entirely clear from the AAR petition, it appears that FRA is being asked to explicitly permit business entities that have contractual relationships with traditional railroads to perform their own certification activities. In part, the issue appears to involve activities at industrial facilities in which industrial plant locomotives briefly exit the confines of their facility. Merely exiting the plant, which is generally being done for interchange purposes, triggers the need to have otherwise exempt engineers comply with this regulation. Self-certification by such businesses could be used to reduce railroad responsibilities to certify industry employees who operate over the railroad's trackage under a variety of contractual arrangements. To the degree that a business' rail operations are conducted exclusively within a self-contained plant or industrial facility, those operations have not been the subject of FRA's exercise of its full statutory authority (see Appendix A, 49 CFR part 209 for an extended discussion of this topic). However, when that industrial operator performs routine operations on track that is part of the general system, those general system operations are subject to FRA's exercise of its safety jurisdiction. Although such general system operations are usually incidental, the degree to which such industrial operations traverse the general system can cover a wide spectrum. Most of the situations that FRA is aware of entail operations in which an industry locomotive will venture beyond the confines of the facility for distances as short as 100 feet and at infrequent intervals such as less than one time per week. The purpose of such isolated movement normally is to place or retrieve one or more freight cars from a single auxiliary track. Although it has not frequently encountered such settings, FRA believes that, in some instances, an industry might send its locomotive beyond the confines of the facility for distances of several miles and will venture that far several times on the same day and repeat that activity with some frequency. Generally, the purpose of such movements tends to be to place or retrieve freight cars from various tracks. The second situation in which business self-certification could be useful are instances in which railroads routinely contract with companies to operate company "service vehicles" (while providing inspection or maintenance activities) and instances in which railroads contract for the operation of special ventures like excursion or dinner train service. If sanctioned, contractor self-certifications would enable contractor engineers to operate on multiple railroads with only a pilot to provide localized information. In addition to the benefits of reduced railroad responsibilities and operational freedom for contractors, there may be other reasons why railroads and contractors would want to have business self-certification. For example, the design of control devices for some contractor equipment could be significantly different from that of a typical locomotive and thus the contractor would be better prepared to discharge the responsibilities of determining the knowledge and skill of its operators. FRA's Response FRA denied the portion of reconsideration request seeking modification of the rule to permit certification of locomotive engineers by contractors or other entities that incidently conduct rail operations on the general system. No modification of the rule is necessary. A recent clarifying amendment to the Federal Railroad Safety Act of 1970 (see 45 U.S.C. 209, as amended by Pub. L. No. 102-365) makes clear that FRA has statutory jurisdiction over all entities that may affect railroad safety. Moreover, any contractor or business entity that conducts rail operations on the general system is included within the current rule's applicability provision. Thus, such entities can simply accept their status as a railroad and proceed to comply with this regulation. If, because of the limited nature of its operations, one of these incidental train operator railroads believes there are circumstances that warrant the granting of a waiver of compliance with these qualification standards, an exemption may be sought as provided for under FRA's procedural regulations (see 49 CFR part 211). Of course, any waiver petition would have to be decided on its own merits and a determination made as to whether granting a waiver of compliance would be consistent with rail safety and in the public interest. Any business entity that is troubled by the prospect of having to comply with this rule or to seek a waiver of compliance still has several options. The entity can elect to "cease operations on the general system and thereby avoid#
Attachment 1, passage 442Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18985 the application of this rule. Even if the business entity elects to continue general system operations, compliance with this rule can be achieved by having the host railroad certify any of the industry's locomotive operators who will perform service on the railroad's tracks. (c) Qualifications Requirements of Other Countries The final aspect of this set of issues involves requests to alleviate problems associated with certification for operations conducted in proximity to the border with Mexico and the wisdom of devising a scheme analogous to that afforded for the operations proximate to the border with Canada. FRA's rules provide in § 240.227 for recognition of qualification determinations made in accordance with directives enacted by foreign countries. As discussed in the preambles to its proposed and final rules, the provision is directly applicable to the qualification determinations made in accordance with a Canadian regulatory scheme previously adopted by the Canadian Transport Commission and now administered by Transport Canada. FRA did not include a preamble discussion about recognition of Mexican. qualification determinations because, at present, there is no analogous governmental scheme for regulating the qualifications of Mexican locomotive engineers. One petition for reconsideration, however, requests that FRA devise an analogous provision for evaluating the qualifications of Mexican engineers. - " FRA 's Response FRA denied this aspect of the AAR's reconsideration request since no rule change is required. The existing provision allows for recognition of qualification decisions made by Mexican railroads if those decisions are reached in accordance with a standard governmental licensing system sponsored by the Mexican government. FRA data show that, at present, there are no significant operations conducted in the United States by Mexican railroads. If there is a need for qualified Mexican railroad engineers at the limited number of locations where the minimal cross- border operations do occur, a railroad can comply with this rule by electing to certify such locomotive engineers in accordance with this rule. 3. Application of the Rule to Events Involving Operational Misconduct by a Locomotive Engineer Effective January 1, 1992, railroads were required to issue and operators of locomotives to possess, certificates which identify operators as individuals deemed qualified to be locomotive engineers under the grandfathering provisions of § 240.201. Once the date for a railroad's implementation of its formal, FRA-approved certification program has passed, candidates for certification or recertification are required under S 240.111 and S 240.113 to seek data concerning their prior safety conduct as operators of motor vehicles and, if they have changed railroads, as operators of locomotives. Those prior safety data must then be evaluated by the railroad from which the person is seeking certification. Section 240.217 precludes a railroad from relying on safety conduct data that are untimely and specifies the currency requirements for different types of data. Section 240.117 contains the criteria for how a railroad will handle several kinds of operational misconduct by a locomotive engineer and provides for mandatory loss of eligibility to hold certification if an engineer is found to have engaged in such misconduct. Section 240.119 contains an analogous set of provisions that contain criteria for how a railroad will consider data indicating substance abuse disorders and noncompliance with FRA's alcohol and drug controliegulations. Four of the petitions for redbnsideration address the following related areas: (a) The responsibility of certification candidates and railroads when data concerning prior conduct are being sought; and (b) railroad response to data concerning operational misconduct, including compliance with FRA's alcohol and drug rules. (a) Responsibilities in Connection With Prior Safety Conduct Data The first issue involves difficulties that may arise during the process of obtaining data concerning prior conduct. The initial problem posed to FRA is the need for a time limit within which a candidate for certification or recertification must initiate his or her request to the appropriate motor vehicle licensing agencies and to a prior railroad employer for data concerning prior safety conduct. FRA impo s a duty on railroads to look at curreht data and so has established time constraints within which a railroad must make all aspects of its formal determinations. For example, a railroad cahnot rely on a skill or knowledge examination administered more than a year before the date of its certification decision. Railroads appear to be concerned that the absence of any time constraint within which the locomotive engineer must initiate his or her request for prior safety conduct data could result in untimely receipt of that information' Thus, a railroad would be confronted with several difficult choices. It could proceed to make a determination in the absence of data by treating the missing data as presumptively prejudicial or presumptively favorable or it could wait for delivery and possibly have to start the evaluation process over to cure problems with the timeliness of other data. AAR suggests that FRA revise the rule to establish a deadline by which a certification candidate shall initiate the relevant requests for data. BLE has a related concern since certification candidates cannot compel either motor vehicle licensing agencies or former railroad employers to act in a timely fashion. Thus, a certification candidate could be confronted with an inability to comply with the requirements of the rule either because a former employer or a state agency failed to act in a timely fashion or failed to respond at all. BLE suggests FRA modify the rule to excuse the certification candidate in such instances. Finally, AAR is concerned that the duty of a railroad, which previously employed a certification candidate, to supply data concerning the candidate presents questions of whether a railroad has been placed in an untenable position. Arguably, a railroad that fails to furnish data opens itself to civil penalty liability while a railroad that does furnish data opens itself to potential liability for defaming an engineer when that railroad submits adverse data. Thus, to AAR it appears that FRA should act to absolve railroads from at least one of these potential liability exposures. FRA's Response Sections 240.111 and 2410.113 obligate certification candidates to seek data concerning their prior conduct from motor vehicle licensing agencies and prior railroad employers. FRA denied AAR's request that FRA modify those provisions to include a time constraint within which the candidate must initiate action to fulfill his or her responsibility under the rule. FRA does not see the necessity for establishing such a provision. In FRA's view a certification candidate has no clearly discernible motive for attempting to frustrate timely receipt of the data. A certification candidate who fails to seek the data risks being denied the very status being sought. Evep a railroad that holds a contrary view on candidate motivation is capable of designing its implementation program to guard against such a contingency. Thus, FRA has concluded there is no need for#
Attachment 1, passage 44318986 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations Federal regulatory Intervention on the railroads' behalf. Similarly, FRA denied the BLE's request that these sections be modified to include a provision exonerating a certification candidate who complies with the section but fails to elicit the desired data. The apparent assumption of BLE is that individual certification candidates are being held responsible for assuring that state licensing agencies or prior employers respond in a timely fashion. Moreover, BLE apparently fears that locomotive engineers are at risk that FRA will seek to impose civil penalties against individuals as a way to hold certification candidates accountable for the inaction of the sources with the data. The regulation does not obligate the candidate to obtain the data. It requires that the candidate take the steps necessary to assure that the data will, in the ordinary course of events, be transferred to the evaluating railroad. Thus, FRA does not see any need for exculpatory wording. For reasons discussed later in the section-by-section analysis, FRA is making a technical change to the relevant sections to help clarify this point. Finally, FRA denied the AAR's request that railroads be absolved from responsibility for supplying data concerning prior employees or, if obligated to furnish data, be relieved of responsibility for any resulting libelous material supplied to another railroad. FRA believes that AAR, in raising this issue, has identified a weakness in the current formulation of the rule. In the NPRM, FRA noted that it was starting from the premise that locomotive engineers rarely change employers and that, when such change occurs, railroads routinely share the desired information. Thus, FRA saw no need to explicitly require railroads to furnish the data. Although FRA's NPRM raised this issue about the need for explicit regulatory requirements to supply data and adopted modified provisions in the final rule that appear to start with the . proposition that railroads have a duty to supply such data when requested, FRA did not clearly resolve whether the final rule imposes that duty. Thus, FRA is making a technical amendment to make that duty explicit. The technical change to clarify this point is described in the section-by-section analysis below. However, FRA does not think the change being requested-insulating railroads from tort liability for defamation-is appropriate. Locomotive engineers with a his tor of unsafe train operation should not be allowed to take the controls simply because of reluctance by one railroad to share its data with another. FRA has rejected the second prong of the AAR's request because, regardless of the existence of an FRA-imposed duty to furnish data under this rule, FRA wants true information provided. Truth is a complete defense in defamation actions. If a railroad provides false information under the rule, what safety purpose is served and why should FRA try to shield the railroad from the consequences of its action? Moreover, if railroads merely provide the required factual information in an accurate manner, there would seem to be no actionable offense that could lead to a tort action. (b) Railroad Response to Data Concerning Operational Misconduct The second issue involves possible clarification or modification of the manner in which a railroad must respond to data concerning operational misconduct, including compliance with FRA's alcohol and drug rules. This issue includes the following series of topics: (i) How to respond to the perceived harshness of the one and five-year loss of eligibility consequences for repeated instances of operational misconduct; (ii) how to respond to the perceived harshness of the return-to-service testing; and (iii) whether to clarify or revise the duty to perform, and the nature of, EAP evaluations in certaiff circumstances. (i) Harshness of the one and five-year loss of eligibility consequences for repeated instances of operational misconduct. The first topic, the perceived harshness of the loss of eligibility for repeated operational misconduct, involves the issue of whether FRA has selected an inappropriate level of remedial response to such incidents. The topic includes the issues of whether the one and five- year loss of eligibility intervals are too lengthy; whether the practice of not crediting the interval of time the certificate is suspended prior to the § 240.307 hearing is just; and whether the dollar amounts reflected in Appendix A-Schedule of Civil Penalties are too severe. FRA's Response FRA denied the BLE and concerned citizen requests to alter the ineligibility periods imposed for operational misconduct. FRA is not convinced that these periods of ineligibility or the potential civil penalty amounts are inappropriate or harsh. The safety significance of these operating rules is indisputable. Noncompliance with the operating rules incorporated within § 240.117 has been the reported cause of nearly 5,000 train accidents reported to FRA over a ten-year period. The flagrant violators of these rules are the persons most likely to be affected by these provisions. Moreover, the provisions accommodate the possible need to temper the consequences of this section when the root cause of the noncompliance is a lack of education or skill. In these limited situations in which civil penalties are applicable to an engineer's behavior, FRA has the discretion both to forgo an enforcement action entirely or adjust the penalty to fit the offense; the penalty schedules are statements of policy from which FRA can vary when appropriate. Implicit in the request that FRA ameliorate the perceived harshness of the rule by altering the duration of the loss of eligibility interval Is a concern over the events which can trigger the imposition of such ineligibility consequences. That is a concern which FRA shares and is responding to in an interim manner in this final rule. The implicit concern has its roots in the way in which FRA designed the provisions of § 240.117(e). In formulating this regulation, one of FRA's objective% is to reduce accidents attributable to having unqualified persons operating locomotives. In FRA's view, individuals can be unqualified because they lack knowledge, skill, or ability or because they fail to employ the knowledge, skill, and ability which they possess. While other parts of the rule are focused on assuring that those who lack knowledge, skill, and ability are not authorized to operate locomotives, § 240.117 is directed towards preventing persons who are unqualified by virtue of their failure to employ their knowledge, skill, or ability when operating locomotives. Section 240.117 imposes loss of eligibility for an interval on those who show a lack of qualification by failing to comply with certain operating rules. In selecting the misconduct which could result in loss of eligibility, FRA began by reviewing its accident data base. Since FRA seeks to prevent future human-factor-caused accidents, FRA examined its data concerning such accidents. When'it reviewed the relevant data that had been reported over a ten-year interval, FRA identified five types of safety rules that, when locomotive engineers failed to comply with them, were Identified as either the primary or contributing cause for some 5,000 reported train accidents. Those five types of operational misconduct (failure to comply with signals; failure to observe train speed constraints; failure to adhere to procedures for safe use of brake systems; occupancy of track#
Attachment 1, passage 444Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18987 without authority; and nullification of safety devices) were therefore selected as the events that demonstrated lack of qualification and would result in loss of eligibility under this regulation. By attaching certification consequences to these types of operational misconduct, FRA's regulation in essence superimposed a new system on the preexisting industry practices concerning the administration of the principles of industrial discipline. To some degree, the preexisting industrial discipline system seeks to achieve objectives similar to FRA's regulatory program since the preexisting system is intended to achieve worker compliance with a variety of safety and efficiency rules. In the process of superimposing its certification system, FRA made a number of policy choices that tended to emphasize the similarities between the two systems. However, it has become clear that. with respect to certain types of operating rule violations, the current rule does not clearly distinguish serious from negligible offenses. Railroads, believing themselves to be under a regulatory mandate to take action even for offenses that might not previously have been the subject of disciplinary action, have in some cases decertified employees where FRA had not anticipated such actions. For the most part, these railroad actions have been within the letter of the current law. However, given the experience FRA now has acquired and the need to prevent further revocations for offenses so minor that FRA had not anticipated their being the basis for revocation, FRA has decided to act quickly to correct the situation. To eliminate this confusion, FRA is amending the provisions of § 240.117(e). These amendments will bring § 240.117 into greater conformity with more detailed provision of § 240.305 which establishes the types of operational misconduct events that can potentially result in the imposition of civil penalties or disqualification from all safety sensitive service. The changes being made primarily affect the proscriptions concerning responding to signal indications; controlling train speed; and use of train brakes. The details of the changes are discussed in the section-by-section analysis below. The changes being made to § 240.117(e) are only an interim measure. In the proposed rule that will appear in a future issue of the Federal Register, FRA describes more extensive alterations that it contemplates making to this section. FRA believes that it is possible to improve its approach to this issue and, to facilitate possible 'Improvement, FRA has incorporated this topic in its supplemental proceeding thereby ensuring further public discussion of this matter. (ii) Harshness of the return-to-service testing. The second topic, the perceived harshness of the return-to-service testing, involves the question of whether the requirement that no fewer than six alcohol and six drug tests be conducted within the first 12 months after a locomotive engineer is returned to service is appropriate. Arguably, the less stringent return-to-service provisions of FRA's alcohol and drug rules that apply to other rail workers should be adequate for locomotive engineers. FRA's Response FRA denied the BLE request to remove what the BLE perceives to be unnecessarily stringent aspects of-the return-to-service testing of locomotive engineers with an active substance disorder. Section 240.119 provides for a minimum of 6 alcohol and 6 drug tests during the first 12 months after a locomotive engineer is returned to service. Unquestionably, these provisions are more stringent than those contained in § 219.104 of FRA rules to control alcohol and substance abuse. The provisions of this rule reflect FRA's maturing views about the appropriate criteria for return-to-service testing and FRA has proposed revision of the analogous criteria in part 219 to bring that rule into conformity with the approach taken in this rule (see December 15, 1992 issue of Federal Register (57 FR 59588)). (iii) The duty to perform, and the nature of, EAP evaluations in certain circumstances. The third topic involves questions concerning the duty to perform and nature of EAP evaluations. Apparently because FRA did not propose to include a definition for the phrase "active substance abuse disorder," the BLE perceived this definition as both a surprising new concept and a confusing one. The ASLRA was concerned that FRA was requiring the performance of an EAP evaluation each time a locomotive engineer is certified or recertified. FRA's Response FRA granted the ASLRA petition concerning clarification of whether FRA was requiring the performance of an EAP evaluation each time a locomotive engineer is certified or recertified. FRA is not requiring EAP evaluations unless there is some reason to think that the certification candidate may have a substance abuse disorder. Typically, that concern will be triggered by receipt, during the certification eligibility review process, of motor vehicle driving records showing detection of potential substance abuse incidents. FRA agrees that the current wording of § 240.119 is not a model of clarity on that point Thus, FRA granted the ASLRA request and is changing the provisions of this section to clarify its intent. Finally, FRA denied the BLE petition for reconsideration concerning the nature of the EAP evaluation. BLE objected to FRA's use of the term "active substance abuse disorder" in the final rule on the grounds that the phrase was not in the proposed rule and is subject to interpretation. Use of the term in the final rule is clearly within the scope of the issues raised in FRA's proposed rule. The proposed rule addressed the various issues concerning substance abuse disorders and their relevance to permitting a person to be deemed qualified to operate a locomotive. For example, proposed § 240.59 contained a formulation that is very similar to FRA's alcohol and drug control regulation which expresses this idea in terms of a person being affected by a psychological or chemical dependence or by some other identifiable and treatable mental or physical disorder involving the abuse of alcohol or drugs as a primary manifestation. The use of the term "active substance abuse disorder" is essentially a reformulation of the FRA's proposed qualification criteria that etter captures the essence of the problem and FRA's provisions for resolving the matter. Indeed, the primary difference between the § 240.7 definition and other FRA regulatory descriptors reflects the effort to differentiate between whether a disease such as alcoholism is currently having an adverse effect, is dormant, or Is under control. Moreover, the use of the phrase maintains the compatibility of this rule and the provisions of part 219. 4. Application of the Rule to Current Railroad Practices for Storing Data Electronically In § 240.215, FRA requires railroads to retain the relevant information that supports their certification determinations. Railroads with sizable numbers of locomotive engineers will have an extensive amount of information to retain since the rules covers medical data, educational data, knowledge and skill testing data, prior safety conduct data, and data covering various program administration details. The AAR s petition for reconsideration requests that FRA revise or clarify the rule to authorize the use of electronic formats to store required data. The issue here is the ability of#
Attachment 1, passage 44518988 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations railroads to substitute an electronic format for written or paper records. Such electronic formats permit computerized handling of data with all of the attendant benefits rather continuing reliance on traditional recordation of information on paper. Many railroads apparently infer, from the fact that the rules only give explicit authority to keep their lists of certified locomotive engineers electronically, that FRA has precluded them from keeping the other data in the 6ame electronic medium. Some railroads have read the rule as permitting broad scale electronic data storage provided FRA had given its approval. PRA agrees with the petitioner's basic premise that storage of data in an electronic format should be permitted under this rule. Although the existing provisions do not necessarily preclude the use of that methodology, the wording of the rule focuses its only discussion of electronic formatting of data on the keeping of lists and requires FRA approval before it can be implemented. As noted, this has generated some confusion. In part, the confusion involves the fact that this rule did not fully confront several aspects of the distinct problems posed by electronic data storage. In sanctioning use of electronic storage of data FRA needs to assure that use of electronic data formats does not become an obstacle to performance of its monitoring and compliance activities. Related to this is FRA's need to have some control over the location where the lists of certified locomotive engineers will be on file. FRA's approval process is one way to address both aspects of the problems just discussed. However, in reviewing requests for guidance from several railroads that have already sought FRA approval for broad scale electronic data storage, FRA has concluded that the widespread use of smaller computers could lead to approval requests from virtually all railroads so as to assure literal compliance with the rule. FRA granted this portion of the petition for reconsideration and is making an interim modification of the rule to explicitly permit the use of electronic data storage. In granting reconsideration, FRA is revising the provisions of § 240.215 to assure that railroads will employ electronic storage systems that do not hinder or frustrate FRA's compliance and enforcement activities. The revised section specifically requires that the data storage systems meet a relatively simple set of performance criteria. This is discussed further in the section-by- section analysis below. Since the approval process remains relevant to access to some railroads' lists of certified locomotive engineers, that aspect of this provision has been retained. FRA's change to § 240.115 is only an interim solution. In the proposed rule to be published elsewhere in a future issue of the Federal Register, FRA solicits comments on a more detailed and structured approach to this issue. 5. Application of the Rule to Events Involving Testing and Evaluation of a Locomotive Engineer's Knowledge or Skills In § 240.105, FRA established criteria for the selection of individuals who would be designated as supervisors of locomotive engineers. A railroad is required to examine a certified engineer who is a candidate for supervisor to determine that the person: Knows the requirements of these rules; can appropriately test and evaluate the knowledge and skills of locomotive engineers; and has the necessary supervisory experience to prescribe appropriate remedial action for noted deficiencies. In § 240.127, FRA requires that certification candidates demonstrate to a designated supervisor of locomotive engineers the skills necessary to operate a locomotive or train by successful passage of a skills performance test. In that section, the test criteria include a requirement that the duration of the test be of sufficient length to permit effective evaluation of the person's ability to operate trains. In § 240.209 and § 240.211, FRA prohibits railroads from permitting those who fail either knowledge or skills certification tests from serving as a locomotive or train service engineer until the person has achieved a passing score. Four of the petitions for reconsideration address the following subject areas: (a) FRA's exercise of a greater degree of control over the designated supervisor's skill level and the duration of skills testps such a person will administer; (b) railroad latitude to orally conduct knowledge exams for those with literacy problems; and (c) the need to rethink the perceived harsh consequences prescribed for failing a knowledge or skill test. (a) Supervisory Skill Levels and Skills Test Duration The first issue, whether FRA should exercise a greater degree of control over the designated supervigor's skill level and establish a minimum duration for the skills performance test, involves a basic concern over the competency of those who will sit in judgement of locomotive engineers' skill levels. The fear is that railroads, having been given a degree of discretion when selecting persons as supervisors Instead of being compelled to choose among individuals who had acquired extensive field experience, will select unqualified individuals. The other aspect of this fear is that, regardless of the competency of the supervisor, there is a need to have specified uniform minimum duration for skill tests to rfinimize the risks of improper testing. FRA's Response FRA denied the BLE request to establish a minimum experience level for supervisors. The rule establishes a framework for assuring that persons selected to be supervisors of locomotive engineers will be competent. FRA requires that candidates for supervisor must be certified engineers, thereby assuring that these individuals possess an equivalent degree of knowledge, skill, and ability-before they can even be considered eligible to be a supervisor. In addition, the candidate must demonstrate that he or she has the knowledge, skill, and ability to be an effective supervisor of engineers which includes the capacity to effectively test, evaluate, and prescribe appropriate remedial action for noted deficiencies. The mechanics of how each railroad will evaluate its candidates for supervisor is to be explained in each railroad's program and those programs must be submitted to FRA for review. Thus, if a railroad has inadequate criteria for evaluating candidates or if the railroad selects a person to be a supervisor who fails to meet those criteria, the rules currently provide an adequate basis for instituting remedial action. When FRA received the BLE's petition, data directly supporting the proposition that railroads will designate unqualified persons as supervisors were inconclusive. Thus, FRA denied this aspect of the petition. Since that time, FRA has investigated several instances in which th'ae is some evidence that railroads are abusing their discretion. FRA now believes that this issue warrants further exploration. As noted above, the rule gave railroads discretion to formulate their selection criteria based on the proposition that railroads would, for reasons of enlightened self-interest, exercise their discretion wisely. Although the current information is inconclusive, recent FRA investigatory efforts and review of the implementation programs submitted by some railroads appear to support the petitioners' concern that railroads may abuse such discretion. FRA is sufficiently troubled that it has included#
Attachment 1, passage 446Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18989 a possible change to § 240.105 in its proposed supplemental rule. The proposed change would limit railroad discretion on this issue. The preamble to the proposed rule contains additional discussion of this issue.. As to the concern that the skills performance test must have some specified minimum duration a similar basic analysis applies; railroads have been given the discretion to select the minimum duration that will be needed to meet the rules requirements for sufficient length. Their selections will be included in their submissions and are subject to review. FRA believes that the rules currently contain an adequate basis for initiating remedial action if railroads employ inappropriate skill performance tests and therefore denied ihis aspect of the BLE petition. In reviewing the implementation programs already received it appears that the railroads intend to employ testing of adequate duration. For example, a two-hour minimum duration is commonly called for in the implementation programs of major railroads. Absent data directly supporting the proposition that the railroads will attempt to conduct unduly brief skill performance tests, FRA does not see any need to alter the existing rule. (b) Oral Examinations The second issue, the desire for railroads to have greater testing latitude so as to orally conduct knowledge examinations, involves concern that some locomotive engineers do not have sufficient literacy to pass a standard written examination. The belief is that such persons have the knowledge, skill, and ability to successfully perform as an engineer, particularly on small railroads, but will be unable to effectively demonstrate their knowledge on a standardized test and become ineligible to serve as a locomotive engineer. FRA 's Response The ASLRA petition expresses concern that some knowledgeable locomotive engineers will be unable to successfully pass a written examination concerning their knowledge of the railroad's operating practices. Thus, it is suggested, there is a need to permit all railroads to administer oral examinations under this rule. These rules are designed to apply to all persons who operate locomotives. As far as FRA has been able to ascertain virtually all of those affected by this rule have the capacity to successfully take written examinations. Indeed the safe performance of the job of being an engineer literally demands that locomotive engineers have effective reading and writing skills. Thus, testing the knowledge of such individuals through use of a written examination, which does much to ensure effective and standardized evaluations, is the appropriate course of action in FRA's judgement. Rather than alter the rule which will appropriately address nearly all testing of locomotive engineers' knowledge, FRA believes that the waiver process is the logical way to resolve any-instances in which written testing can be demonstrated to be inappropriate. Consequently, FRA denied this aspect of the ASLRA petition for reconsideration. (c) Test Failure Consequences The third issue, the perceived harshness of consequences prescribed for failing either a knowledge or performance skills test, involves a concern that locomotive engineers will routinely fail to achieve a passing grade on their initial examinations. It is believed that such engineers will su cessfully pass a reexamination and, therefore, really do not present a safety hazard if allowed to continue to operate trains prior to the successful passage of that reexamination. Under such circumstances the rule's prohibition against service is characterized as an unduly harsh response to the failure of the initial examination. FRA's Response These rules demand periodic testing of a locomotive engineer's knowledge and skill. In proposing these rules, FRA indicated its concern over some existing practices that permitted repeated examination failures with little or no consequence and lauded the use of stringent restrictive practices of other railroads. After reviewing the comments on that proposal, which questioned the safety justification for allowing a person who has just demonstrated either a lack of basic knowledge or skills to continue operating a locomotive, FRA concluded that there was no valid safety rational for such a practice. Thus, the final rule, rather than remaining primarily oriented towards tightening lax industry f ractices concerning retesting, is ocused exclusively on the safety aspects of the situation. The rule now permits a person who has failed an examination to continue operating only when accompanied by qualified locomotive engineer. These final rules leave to others the responsibility of prescribing reexamination protocols through collective bargaining agreements or otherwise. Precluding a locomotive engineer who has just demonstrated a deficiency in his or knowledge or skill, from placing others at risk is, in FRA's judgement, the only appropriate response. Although FRA may be viewed as having placed a premium on successful test passage, these rules require continuing education programs desighed to assure that locomotive engineers can, if they apply themselves, pass such examinations. Indeed, several railroads have offered concerned locomotive engineers the opportunity to attend comprehensive refresher training courses to improve their knowledge and skills. Consequently, FRA denied this portion of the BLE petition for reconsideration. 6. Application of the Procedural Provisions of the Rule to Events Involving Denial, Suspension and Revocation of Certification Certification or recertification can be denied by railroads based on a determination that the certification candidate lacks visual or auditory qualifications, the requisite knowledge, the requisite skills, or eligibility. Certification can be revoked because of a determination that the locomotive engineer lacks eligibility due to operational misconduct or violation of FRA's rules controlling alcohol and drug use by railroad workers. Candidates for certification or recertification must be given "reasonable opportunity" to rebut data that can provide a basis for denial prior to railroad action to deny certification. A candidate denied certification (recertification) must be told the basis for the railroad's action (in writing) and that information must be given to the candidate within 10 days of the. railroad's adverse decision. Revocation of an existing certificate' can occur after the locomotive engineer has been given a hearing that complies with the procedures contained in the rule. This includes the concept of accepting a railroad's adherence to Railway Labor Act (RLA) procedures as a way to satisfy compliance with this section. Revocation of certification can occur when the locomotive engineer in question is found to have violated one, of the five cardinal safety rules or the rules controlling alcohol and drug use. Since some locomotive engineers operate on more than one railroad, revocation by multiple railroads can occur even though a single investigatory hearing was conducted. The dispute resolution provisions of the rule also address FRA review of initial railroad decisions. Requests for review of the railroad's adverse decision must be made to FRA within 180 days. FRA's initial review is conducted by its#
Attachment 1, passage 44718990 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations internal Locomotive Engineer Review Board (Board). Subsequent appeals of the Board's decisions go to a hearing officer and finally to the Administrator. Two of the petitions for reconsideration address the following general subject areas: (a) Clarification and possible modification of the FRA denial and revocation procedures to better integrate them with existing collectively bargained agreements that address related issues; and b) the wisdom of allowing a revocation decision by one railroad to affect the person's eligibility to operate on another railroad. (a) Integration of Denial and Revocation Procedures With Existing Collective Bargaining Agreements The first subject area involves a number of issues stemming from confusion about the intent and design of the rule provisions under which persons can be deprived of certification. To some parties, § 240.307 appears critically flawed because the section does not fully address all of the possible permutations for denial and revocation issues in a concise way. For example, assume that the railroad learns of physical problems with a locomotive engineer. In the petitioners' views, the rule is not explicit about whether the engineer is entitled to a hearing under § 240.307 prior to loss of certification. If the engineer is entitled to a § 240.307 hearing in such instances, then answers to questions about the procedural constraints of § 240.307 need to be provided. There is particular concern for how to proceed in instances in which a collective bargaining agreement calls for a specialized dispute resolution practice. The section is not explicit about what types of alternative methods, if any, are acceptable to FRA, and who is responsible for selecting among the possible courses of action. Similarly, when the loss of certification involves operational safety compliance issues, the rule is not perceived as precise about the course of action required. For example, if a collective bargaining agreement sanctions use of a waiver of a hearing for disciplinary purposes, the rule is silent on whether the terms of such an agreement will apply to a decision to dispense with a § 240.307 hearing. If that agreement is applicable, the procedural safeguards that need to be observed by the parties, to assure that FRA will rely on such waivers, are not identified. Implicit in this discussion is the question of how to proceed when no collective bargaining agreement exists to control instances in which the railroad and locomotive engineer mutually desire to dispense with a formal towards the loss of eligibility interval § 240.307 hearing. prescribed by § 240.117. Collective The portion of§ 240.307 that provides argaining agreement provisions that for "suspension" of a certificate, address imposition of industrial pending the conduct of an investigatory disciplinary action, based on a person's earing, is viewed as particularly responsibility foi noncompliance with troubling. Interested parties are not clear its operating rules, routinely provide for about how FRA intends that concept to things such as specific time intervals work. For example, assume that a within which actions involving person is observed disobeying one of the disciplinary proceedings must be taken operational safety rules identified in and include sanctioning of the use of § 240.117. Under existing collective waivers to avoid the use of formalized bargaining agreements, a railroad's hearings. In some instances, the freedom to hold the person out of agreements provide a procedural service (prior to convening an framework that is more comprehensive investigatory hearing) is limited to than that contained in FRA's rules. instances where the alleged rule Again the petitioners are concerned infraction is a "serious" transgression. with the ability of a railroad to elect, in Not all of the events covered by the whole or in part, to follow FRA's provisions of § 240.117 are universally deemed to meet some of the preexisting procedures. Although roughly eighty percent of industry concepts of what should the locomotive engineers that work for constitute a "serious" offense railroads are covered by collective warranting withholding an engineer bargaining arrangements, a significant from service. In addition to the issue of number of railroads and their engineers whether FRA intended that a certificate may not have defined formal processes would be forfeited for what are arguably for conducting a hearing. In such minor events, questions arise instances, the parties question whether concerning the person's status pending § 240.307 provides a workable model for the § 240.307 hearing. Arguably, the conducting such a proceeding. As section can be read to demand that in previously noted, the present wording all instances a railroad must "suspend" of § 240.307 provides no guidance on the certificate (thereby preventing the issues such as evidentiary standards or person from operating a locomotive) availability of witnesses. pending the § 240.307 investigatory Additional confusion arises from the hearing. If this provision of § 240.307 is fact that collective bargaining intended to generate that result, FRA agreements currently address has not provided guidance on how the qualification issues, other than that of provisions of § 240.5 Are intended to be eligibility for certification, which are integrated with collective bargaining related to those addressed by FRA's agreements that allow some engineers to rules. For example, the agreements may perform interim service in other include provisions for how to resolve operational capacities. Additionally, if it questions of a person's medical is assumed that the concept of qualification to serve as a locomotive certificate suspension (prior to the engineer. In some instances, those conduct of a revocation hearing) is provisions contemplate the use of mandatory, clarification is requested on multiple medical opinions about the whether this concept is intended to be person's medical condition prior to the functional equivalent of current reaching a final qualification practices whereby railroads hold a determination. In other instances, no person out of service pending the formal written mechanism exists but a conduct of a disciplinary hearing. If the practice has developed that allows a two concepts are similar, FRA needs to locomotive engineer to obtain further explain what controls FRA will employ medical review, if the locomotive to preclude railroads from arbitrarily engineer can convince a non-railroad opting to suspend a person's certificate doctor of the engineer's medical fitness. and then elect to forgo a revocation Whether FRA intends recourse to hearing. Finally, the rule does not appear to formalized hearing procedures of § 240.307 in such instances has been contemplate the period of "suspension" questioned. Procedures such as those as affecting the duration of the loss of employed in disputes about a eligibility interval post hearing. Since locomotive engineer's failure to comply delays in scheduling such a hearing can with railroad operating rules are be lengthy and the locomotive engineer virtually an unknown practice for is not performing service as the resolving such medical issues. Thus, consequence of the railroad's duty to clarification is sought concerning suspend prior to decision making, BLE whether a railroad can substitute its questions whether FRA intended to alternative dispute resolution preclude crediting such suspension time methodology for the § 240.307 hearing,#
Attachment 1, passage 448Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18991 I recognizing that the type of record - developed under the alternative procedures may be difficult for FRA to review. The parties want guidance on how FRA will respond if the railroad, asserting it is acting in compliance with these rules, determines that a person lacks the required vision or hearing and then the locomotive engineer obtains an RLA decision saying the railroad acted improperly under the RLA. Related to this is the question of proper implementation of this rule in instances where a locomotive engineer with a known substance abuse disorder fails to adhere to the conditions imposed for his or her return to service (for example, situations in which the troubled engineer fails to take or fails to successfully pass return-to-service testing or fails to adhere to a required course of treatment). Questions have been raised about whether a § 240.307 hearing must precede railroad revocation action even where substance abuse is involved. If such a hearing is required, concern has been expressed about the possible impingement on EAP confidentiality protocols implicit in having a revocation hearing in such situations. FRA's Response FRA granted the AAR and BLE reconsideration petitions because they highlighted several aspects of the design of the denial and revocation provisions of this rule which are generating a degree of confusion. FRA is curing these problems by providing a better explanation about the design of the regulation. That explanation is found in a subsequent segment of this document entitled Interpretive Guidance. Granting the petitions also entails adopting a rewording of the provisions of § 240.307. FRA is modifying the provisions of § 240.307 because the procedures warrant refinement to the degree that they do not directly create a mechanism for waiving a person's rights to an investigatory hearing; fail to explicitly provide for modifications of the typical adversarial investigatory procedure to better facilitate the use of medical personnel when confronting disputes about a person's medical qualification under this rule; and need to establish a detailed mechanism for hearings when there are no collective bargaining criteria available for ready reference. The details of FRA's approach to this matter are discussed further in the section-by-section analysis below. (b) The Universal Import of Revocation Decisions The second general subject area involves the degree to which one railroad's decision to revoke a locomotive engineer's certification should control another railroad's ability to certify that person. The concern centers on the potential for an engineer to have his or her certification revoked by one railroad for noncompliance with its operating rule resulting in that person also losing certification from a different railroad. This situation could occur when an engineer, holding concurrent employment on more than one railroad, has the contractual ability to periodically select employment between two or more railroads and when the person holds dual certifications because he or she Is engaged in joint operations. Clarification of FRA's intent is sought because, except in the case of joint operations, the rules appear to permit, rather than require, a railroad to revoke its certification of a locomotive engineer based on the findings of noncompliance and loss of eligibility reached by another railroad. In the joint operations situation, a railroad that relied on the qualification determination made by the employing railroad must revoke its certification for joint operations when it learns that the locomotive engineer no longer meets the qualification requirements of these rules. One Setition requests that FRA resolve this y precluding any revocations based on reliance on another railroad's investigatory proceeding. FRA's Response FRA granted the BLE request that FRA clarify, and if necessary, amend the rule provisions as they apply to revocations of a locomotive engineer's certification by two or more railroads. FRA believes that the decision by a railroad to revoke certification Is essentially a determination that the person no longer meets the minimum eligibility qualifications required to operate a railroad locomotive. Revocation decisions cannot occur until a railroad has provided the locomotive engineer with an investigatory hearing and determined on the record that the person was culpable for noncompliance with one of the limited number of critical operational safety rules. FRA believes that when a locomotive engineer has multiple certifications as the result of multiple discrete employment arrangements, contractual agreements that permit periodic shifts between railroad employers, or is performing service on joint operations trackage, all railroads should rely on the single hearing provided and be bound by the decision made by the railroad conducting the hearing. In the absence of the FRA's intended approach, railroads would be free to replicate the kind of decision making revealed in the National Transportation Safety Board's investigation into a recent passenger train accident which revealed that one railroad had elected to ignore the safety record of one of its engineers that was compiled while the engineer was operating on another railroad's trackage. The portion of the existing rule, particularly the provisions of § 240.307, that appear to have been the source of the confusion will be reworded to help prevent further difficulties in determining FRA's intent. In making those changes, FRA is modifying the rule to better accord with its original intent, rather than impose a duty to hold separate hearings as BLE suggested. This issue is discussed further in the section- by-section analysis below. 7. Rule Changes Not Directly Related to the Reconsideration Petitions This final rule also contains certain technical changes which either reflect events that have occurred after the adoption of the initial rule or correct minor errors in the rule text. These changes involve action such as inclusion in § 240.13 of the approval number for the information collection requirements supplied by the Office of Management and Budget (OMB); and insertion of cross references in §§ 240.07 and 240.115. Each of these changes is identified and described in the section- by-section analysis below. Section-By-Section Analysis of Regulatory Changes Section 240.5 FRA is making an editorial change to paragraph (a) of this section. FRA is clarifying its expression concerning the preemptive effect that section 205 of Federal Railroad Safety Act of 1970 (45 U.S.C. 434) produces when FRA issues a rule under the authority granted by that statute. Section 240.7 FRA is making a change to this section to correct a technical problem with the regulatory cross reference to FRA's blue signal rules for the protection of rail workers. The cross reference is contained in the description of who can operate locomotives without necessarily meeting the qualification requirements of this rule. FRA permits individuals working within the confines of locomotive servicing areas to operate#
Attachment 1, passage 44918992 Federal Register / Vol. 58, No. 67 / FRiday, April 9, 1993 / Rules and Regulations locomotives without requiring them to meet the qualification criteria of this rule. Although FRA identified the regulation (49 CFR part 218) which establishes the mechanisms for controlling operations at such facilities, FRA omitted one of the two cross references to the relevant provisions of that part. The revision to this section inserts the omitted cross reference to § 218.29. FRA also Is revising this section to include a definition of main track. Inclusion of this definition will resolve interpretive questions that had arisen in connection with FRA's intent in formulating §§ 240.117(e)(4) and 240.305(a)(3). It also will assist in interpreting the changes for minimal joint operations discussed below in connection with § 240.229. FRA's definition of what will constitute main track for the purposes of this regulation is slightly different from that which is employed in other regulations and in railroad operating rule books. (FRA's definition in this rule is focused on the railroad's determination that the safety of operations demands relatively direct supervisory control of train movements on a given track.) Section 240.13 FRA Is changing this section to insert the OMB approval number for the information collection requirements of this rule. Section 240.117 FRA is amending this section to clarify the provisions of §§ 240.117(d), 240.117(e), and 240.117(h). In § 240.117(e), FRA is changing the description of four of the operational misconduct events proscribed by this provision. In § 240.117(e)(1), FRA is revising the language to explicitly provide that only noncompliance with a signal indication which requires a complete stop prior to passage can result in a loss of eligibility. This will eliminate confusion over whether failure to respond to signals requiring speed reduction have certification consequences under this section. FRA intends this section to apply to both active stop signals (e.g., wayside automatic block or cab signal indications) and passive stop signals (e.g., stop boards, flags or gates). In § 240.117(e)(2), FRA is revising the language so that it explicitly provides that only instances in which the maximum speed is exceeded by the lesser of one-half the maximum authorized or ten miles per hour will have certification consequences. This change will eliminate confusion that is predicated on the fact that FRA's locomotive safety regulations permit a variance of three to five miles per hour between the speed depicted on a locomotive's speed indicator and the unit's actual rate of speed (see 49 CFR 229.117). It will also promote greater uniformity in how railroads respond, for certification purposes, to more limited and inadvertent overspeed incidents ascribable to factors such as variations in topography. In § 240.117(e)(3), FRA is revising the language so that it explicitly provides that only failure to comply with procedures for safe use of train and engine brakes when testing a train's air brakes at initial and intermediate terminals will have certification consequences. The revised provision limits the procedures which will have certification consequences to those required for achieving compliance with Federal regulations in 49 CFR part 232. This change will eliminate confusion about which railroad procedures should be viewed as sufficiently safety related to warrant revocation under this provision. The confusion over this provision apparently is widespread since a number of railroad procedures concerning proper use of train and engine brakes arguably are intended to achieve multiple purposes. Disagreement over whether to consider a particular procedure strictly safety related was compounded by a fair degree of imprecision in some formulations of the procedures on individual railroads. Confusion was further heightened by the perception that even when confronted with a precise safety oriented procedure, formulated in an ostensibly mandatory verbiage, locomotive engineers are sometimes permitted to employ discretion in how they operate train and locomotive brakes. FRA is changing the wording of 9 240.117(e)(4) (concerning unauthorized track use) to more accurately reflect its intent that this provision only applies to main track. FRA has had multiple questions about how to integrate existing railroad operating rules concerning non-main track with the initial wording of this provision. FRA's intent is that the provision apply only to main track and FRA's revision explicitly limits the application of this provision to such track. Subsection 240.117(h) is being changed by deleting the word "suspended." The concept of suspension in this rule is limited to describing the interval during which a locomotive engineer is withheld from .service pending the completion of an investigatory hearing to determine whether he or she failed to comply with a railroad safety operating rule. The provisions of this subsection, which Involve restoration of eligibility to perform service, only apply to instances in which the engineer is subject to a one year loss of eligibility to serve and .the inadvertent insertion of the word "suspend" is erroneous surplusage. FRA is adding § 240.117(i) to resolve questions concerning the validity of railroad decisions made in conformity with the provisions of this section prior to its revisions by this amendment. Railroad decisions made in conformity with the initial wording of this section were valid at the time they were rendered and it is not FRA's intent to retroactively invalidate those decisions Although FRA believes that the prior decisions should not be rendered invalid by this amendment, as a matter of fairness to those who violated the underlying railroad-rule under the previous wording of this provision, those incidents should not have further prospective effect on the certification status of those locomotive engineers. Under § 240.117(d) prior incidents of operational misconduct result in progressively longer periods of ineligibility. FRA is adding new § 240.117(i) to preclude railroads from considering these incidents. Not all prior railroad decisions are affected. Only operational misconduct incidents that would not be a violation under the amended rule are affected. Subsection 240.117(i) identifies those events. In general, this subsection precludes future use of signal violations that involved something other than a failure to halt at a signal requiring an absolute stop; overspeeds that involve exceeding the maximum speed by less than 10 miles per hour; and failures to adhere to 9 rocedures for the safe use of train rakes other than failures to make federally required tests. In drafting new subsection (i), FRA was attempting to be fair to both the railroads and employees. The railroads should not be penalized for complying with the rule as it previously read. Moreover, any economic consequences suffered by employees came as a result of the railroad's operation of its disciplinary authority. If the exercise of that authority was proper at the time, a change in the federal rule does not alter that determination. However, because FRA has now determined that, henceforth, certain types of incidents are too minor to warrant decertification, further reliance on such lesser violations would be unfair to the employee. Even though such violations#
Attachment 1, passage 450Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18993 were appropriately handled at the time, giving them a cumulative effect in the certification process no longer makes sense in terms of FRA's new perception of their importance to the Federal scheme. Section 240.215 FRA is amending this section to respond to the request, discussed earlier, for clarification about the authority to use electronic data processing systems to store the information required concerning individual locomotive engineers. FRA is inserting clarifying language by adding a new subsection (j) to this section. In permitting railroads to use electronic data formats, FRA needs to assure that the electronic format does not become an obstacle to performance of its monitoring and compliance activities. This could happen for one or more of the following reasons: (i) Railroad practices for controlling who has access to data are imprudent; (ii) design of the program for storing the data is so complex that difficulties arise, particularly for those not fully conversant with the railroad's computer system, when trying to retrieve data or comprehend the information retrieved; or (iii) the computer system design precludes readily obtaining hard copy of the relevant data in a usable format which can be authenticated by a designated person. Subsection (j) addresses each of these aspects of FRA's concerns in terms of performance criteria. To meet those criteria the system must be secure and permit FRA ready access to data, including prompt production of hard copy; the data formats employed in the system must make the information easily comprehensible when retrieved and produced in hard copy; and the railroad must designate who will be authorized to authenticate the hard copy. FRA intends that adequate railroad practices for controlling access to data will entail prescribing who can create, modify, or delete data from the data base. Although the section does not require the existence of a capacity to identify which authorized source made changes to a data base, for atcountability purposes such a capacity is desirable. FRA's intent is that the person who performs the authentication and the railroad itself be able to assure FRA that the data have not been tampered with. Section 240.217 FRA is making a change in this section to add an unintentionally omitted cross reference. This section addresses time limitations for railroad decision making and is intended to ensure that railroads are relying on contemporaneous data. Subsection (b) of this section addresses time limits for determinations that involve reliance on decisions made by other railroads. Paragraph (b) as drafted fails to reflect that the time limits contained in subparagraph (c)(2) of this section also are not applicable to reliance decisions involving joint operations or decisions reached in a foreign country. That omission is being corrected by inserting the missing cross reference to subparagraph (c)(2) in paragraph (b). Section 240.223 Subsection (a)(7) of this provision currently requires that the wallet-sized certificate contain the date of the engineer's last annual operational performance test required by § 240.129. FRA is making a technical change in this section to modify the location where periodic changes in data can be recorded. Several large railroads have expressed two concerns about this aspect of the section. The first concern is that since they conduct more frequent operational tests than FRA mandates, it will not be practical to record the desired data on a document of very limited size. The second concern is that some railroads believe that documenting the annual operational check ride was of greater concern to FRA than recording operational tests (traditionally referred to as "efficiency tests") and questioned whether FRA had inserted a wrong sectional cross reference. It was not FRA's intent that railroads record each operational compliance test administered to an individual engineer. This could become a significant problem for railroads that intend to conduct and record frequent periodic "efficiency" testing results. FRA's concern was to be able to promptly verify that annual observational check rides were being given each engineer. Moreover, FRA agrees that requiring railroads to capture even the smaller number of FRA required skill monitoring tests on such a diminutive document will prove problematic. Since paragraph (c) of this section already allows railroads to use supplementary documents in connection with this regulatory provision, FRA has decided to modify this section to alter the location and the degree to which railroads will be required to document the currency of the engineer's testing. Under the revised provision railroads can routinely record such information in whatever supplementary documents the engineer is required by company practice to have in his or her possession when operating a locomotive. For example, it would be permissible to record this supplementary data in the person's book of rules where analogous data have traditionally been recorded by some railroads. The section also has been changed to reflect that the railroad must only show annual observational check ride data, not operational compliance or "efficiency" test results. Railroads are free to also record periodic "efficiency" test data on that supplemental document if the railroad so desires. Section 240.229 As noted above, FRA is revising this section, which contains requirements for joint operations territory, to add exclusionary language for minimally overlapping operations. FRA agrees with the petitioner's argument that some limited overlapping operations present such a minimal safety risk that they do not warrant triggering compliance with the joint operations provisions of this rule. FRA also is providing responses to requests for interpretive guidance concerning this section. The first aspect of the change involves providing a definition of what factual settings constitute minimal "joint operations" for the purposes of this rule. FRA is proceeding on the assumption that certain factors lessen the usual need in joint operations to assure that the visiting engineer will be conversant with the host railroad's operating rules and practices. Thus, FRA's definition of minimal joint operations requires the presence of those factors that minimize the risk ordinarily posed by joint operations: the visiting locomotive engineer is operating on an auxiliary track and not a main track of the host railroad; the maximum authorized speed for operations over the host railroad's auxiliary track does not exceed 20 miles per hour; and the distances traveled on the host railroad's tracks do not exceed one mile. These factors are critical because railroads devise extensive and detailed operating rules to assure the safety of movements on their main track or through tracks due to the frequency and speed of their trains on such tracks. Conversely, operations on auxiliary or other than main tracks, normally entail more minimal operating rules constraints. By confining this exclusion to auxiliary tracks, FRA reduces the scope of information a visiting engineer needs to know and the risk attendant to lack of knowledge. By restricting the speed and distance of operations that can be conducted on the auxiliary track, FRA reduces the potential for and possible severity of any accident that might#
Attachment 1, passage 45118994 Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations occur as the result of lack of knowledge about the controlling railroad's operating practices. Section 240.305 FRA has made two technical changes involving amendments to the heading and text of this section. FRA's change to the section's heading and rewording of the provisions in subsection (c) are intended to more precisely reflect the fact that failure to comply with the train operation constraints prescribed in this section can serve as basis for FRA initiating civil penalty action against a railroad as well as against the person operating the train. FRA also is modifying the provision of subsection (a)(3) to reflect the fact that this provision only applies to main track. Section 240.307 As noted above, FRA is making a number of changes to this section, which contains the critical provisions concerning the procedures a railroad must use to provide the opportunity for a fair hearing prior to revoking certification. The changes are designed to clarify the section and to improve its integration with existing collective bargaining agreements where that is appropriate. The changes to this section make clear that a locomotive engineor is entitled to a hearing within ten days of the date of the suspension of his or her certificate and that the opportunity for a hearing can be waived by the locomotive engineer. Such waivers must be in writing and reflect that the person understands his or her rights under this regulation and is voluntarily relinquishing the opportunity to exercise those rights in this instance. The section also is being modified to provide in paragraph (h) that the period of suspension shall be credited toward any period of loss of eligibility imposed under this rule. In addition, FRA is including in this section a more detailed set of procedures for conducting hearings. These procedures, based on the provisions of § 240.409, provide explicit criteria for the conduct of such hearings where there is no collective bargaining agreement available to specify the details for the conduct of such proceedings. The section as originally drafted was not explicit about the appropriateness of reliance on collectively bargained procedures when the only purpose of holding the hearing was to investigate the issue of certificate revocation. FRA is modifying this section to clarify that the bargained for procedures suffice even in such a context. Section 240.401 This section is being changed to delete reference to possible interim review of a railroad's decision to suspend a certificate. Certificate .suspension is employed in instances where there is reason to think the certificate should be revoked but time Is needed to resolve the situation (for example, instances where a person is awaiting an investigatory hearing to determine whether that person violated certain provisions of FRA's alcohol and drug control rules or engaged in operational misconduct). Interim review of such decisions prior to completion of the investigation into the facts involved in such situations is neither practical nor prudent. It was never FRA's intent to conduct such reviews and thus FRA is deleting the confusing reference to suspension review. Interpretive Guidance As noted above, many of the issues raised by the petitions for reconsideration could be resolved by clarifying the existing regulation. This section contains those clarifications as well as other explanations that respond to requests for guidance in interpreting the regulation. For organizational purposes, FRA is presenting this discussion by reference to the sections of the rule that are relevant. Section 240.5 Effect of the Rule on Collective Bargaining Agreements FRA has received multiple requests for clarification of S 240.5(e). The clarification requests primarily have involved issues of whether an individual who loses the authority to serve as a locomotive engineer because his or her certificate is suspended, revoked or denied is prevented by this section from exercising his or her seniority to serve in some other capacity, typically as a trainman or conductor, for the railroad. Paragraph (e) simply reflects FRA's intent that loss of certification is not intended to create an eligibility or entitlement to employment in other service for the railroad. It does not prevent railroads from recognizing such an eligibility or entitlement or otherwise agreeing to allow a person to provide such service. In the factual settings presented to FRA concerning alleged railroad assertions to the effect that the section precludes such alternative service, investigation has indicated that the contractual agreements describing the person's rights to perform alternative service ire conditional. One of the contractual conditions is that persons seeking to validly exercise their seniority rights to perform alternate service can do so only while they are still entitled to perform service as an engineer. This issue has been raised in the context of what will happen to a certified locomotive engineer who has his or her certificate revoked because of finding that the person failed to comply with one of the critical operating rules referenced in S 240.117. Under circumstances in which a person has had his or her certificate revoked for an operating rules violation, it is the contractual provisions making alternative service conditional on eligibility to serve as an engineer, and not the provisions of this section that preclude the person from validly exercising the alternative service option. Section 240.7 Explaining Definitions FRA has received several requests for guidance about the responsibilities that attach to a person when he or she is deemed to meet the definition of "instructor engineer". The particular focus of concern is the certification implications for an instructor engineer of an operational mistake made by a student engineer. It is important to remember that only operational mistakes involving noncompliance with one of five critical rules can trigger potential revocation of certification. In addition, operational mistakes can involve a wide variety of factual settings. Thus, FRA gave railroads the discretion to evaluate each situation and determine what the appropriate response should be to that particular incident. An example may help to illustrate this point. Assume that a railroad has an operating rule requiring an engineer to halt the train before proceeding past a wayside signal displaying a stop indication. FRA recognizes that the noncompliancewith such a rule can take different forms. In one instance a student engineer could be operating a heavy train, descending a significant grade under adverse weather conditions and bring the train to a halt with one axle of the lead locomotive beyond the wayside signal despite the advice of the instructor to initiate more effective braking action. In another instance a student engineer with a moderate weight train, on level terrain with good weather could bring the train to a halt after the locomotive and several cars had passed the signal because of the inattention or lack of adequate guidance on the part of the instructor. The railroad must evaluate the action or inaction by the student and the instructor engineer supervising the student. When it evaluates the conduct of both persons under the FRA rule, FRA intends that only an individual#
Attachment 1, passage 452Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18995 who is actually culpable for the informal programs do not need to be noncompliance will be held accountable filed with FRA. for his or her conduct for the purposes of § 240.117. In some settings Section 240.107 Class of Service culpability could belong to the student Decisions alone, the instructor alone, or be Several railroads have questioned the assigned to both engineers. proper way to proceed under this Several requests for interpretive section when they have a qualified guidance questioned whether certain locomotive service engineer and desire vehicles are or should be considered to upgrade that person's skills so that locomotives for the purposes of this the person will be capable of becoming rule. The requests identified the a train service engineer. To accomplish following group of large self-propelled the transition, the person needs to vehicles designed or adapted for function as a student on some occasions maintaining the railroad's right-of-way: and as a servicing engineer on others. Excavators, in-track welders, tampers, The railroads are reluctant to issue the undercutters, ballast shoulder cleaners, person two certification cards to reflect ditchers, and crosstie installation the duality of the person's status and are machines. fearful that even if such action is taken FRA does not view these vehicles as the fact that the servicing enginear is locomotives for the purposes of this hauling cars could be viewed as a regulation. The vehicles are not violation of this section. traditionally viewed as locomotives and It is not FRA's intent that a railroad are not operationally similar to be required to issue two certification traditional locomotives. They do not documents in this setting. An have standard freight cars attached endorsement to the locomotive servicing when performing their maintenance certificate or its supplementary function and are not capable of high documents will be sufficient to reflect speed operation when transiting to or the person's status as a student train from work site locations. service engineer. The intent of the Questions have also been raised about provision is being met when the whether a person who is controlling a locomotive servicing engineer, with the locomotive from a remote location, documentation just described, functions through the use of radio signals, must be as student and operates under the deemed a locomotive engineer for the immediate supervision of an instructor purposes of this rule. The fact that a engineer. person is controlling a locomotive from' A second set of interpretive questions a remote location is not sufficient to has been generated by the desire of remove that individual from the some railroads to certify a person as a application of this rule. FRA considers train service engineer but then impose such persons to be locomotive engineers significant limits or constraints on the covered by this regulation. operational authority of that person. Section 240.101 The "Grandfathering" This section permits railroads to take Process such action and can be employed by them to address issues such as utilizing A number of small railroads and persons who have sufficient skills to several individuals involved in starting perform in terminal or yard service but up new rail operations have evidenced lack the knowledge or skill to operate confusion about the requirements of trains beyond terminal areas. Railroads subsections (a) and (b) of this section. that elect to follow this approach will of The confusion involves the effort to course need to structure their reconcile the need for having a written implementation program submissions to program that complies with subsections reflect any differences in the training or (a) and (b)a nd the requirements for the testing of these engineers that would program that must be submitted to FRA flow from their more limited operating under subsection (c). The provisions of subsections (a) and (b) are applicable to responsibilities. A third set of interpretive questions railroads involved in the process of involves the propriety of granting making grandfathering decisions during student certification status to certain the period of conversion to the individuals to facilitate the operation of certification system and full steam locomotives on general system implementation of the formal evaluation trackage. A number of railroads permit processes required under this rule. the movement of excursion trains Subsections (a) and (b) require railroads hauled by vintage steam locomotives. that have not yet reached the deadline The pool of individuals who have for making formal submissions to FRA mastered the intricacies of properly to have an informal system for running steam locomotives is limited evaluating those it contemplates and includes a significant number of certifying as locomotive engineers. Such persons who are not currently certified as train service engineers. In order to utilize the talents of such persons, railroads have asked whether they can certify a member of this pool as a student engineer for the limited purpose of operating such steam excursions. When operating a locomotive the student engineer would be accompanied by a supervisor of locomotive engineers so as to comply with FRA's requirement to have an instructor engineer oversee the student's activities and assure adherence to the railroad's operating rules. This section does not prohibit a railroad from proceeding in this manner. A railroad that elects to follow this course of action must comply with the provisions of § 240.203(b) which require a determination be made concerning the visual and auditory acuity of the student. Section 240.113 Records From Former Railroad Employers FRA has received inquiries from railroads about whether their record searches, as a prior employer of a certification candidate, can be confined to instances where the candidate was serving as a locomotive engineer for the railroad. The examination of prior railroad employment records cannot be so limited. Although that approach would work for examination of incidents of operational misconduct, such as failing to stop at a signal, the approach does not cover all relevant information since it is possible that the records will reveal instances of noncompliance with FRA rules for controlling alcohol and drug use. Data concerning such incidents can affect a person's eligibility for certification. Section 240.117 Operational Misconduct In one of the reconsideration petitions and several requests for guidance, FRA has been asked to clarify the following issues concerning this section: (a) Operational misconduct occurring prior to January 1, 1992; (b) communal culpability; and (c) identification of the events covered by S 240.117(e). (a) Operational misconduct occurring prior to January 1, 1992. This issue involves the significance to be attached to operational misconduct events that occurred during the interval between September 17, 1991, (the rule's effective date) and January 1, 1992, (the date the first implementation programs were in effect). Assume, for example, that a locomotive engineer was held responsible for noncompliance with one of the cardinal operating rules listed in § 240.117 for an incident that occurred during this interval such as a failure to#
Attachment 1, passage 45318996 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations stop at a signal that requires a complete stop prior to passing it. Interested parties want guidance on whether such an incident constitutes a first offense for the possible imposition of a mandatory 1-year loss of eligibility if that person is involved in a subsequent incident in the next 36-months. Finally, the question has been raised about whether the engineer is entitled to seek FRA review of the validity of the railroad's adverse finding for an incident occurring during that interval. This rule became effective on September 17, 1991. During initial implementation of this rule, FRA allowed railroads to select their own criteria for evaluating those individuals who would be deemed eligible for certification under the provisions of § 240.201. Once selected for initial certification under this informal process, persons deemed qualified were to be "certified" and issued certificates no later than January 1, 1992. This so called "grandfathering" approach was taken to ease the transition to the new system under which FRA would establish the qualification standards against which all locomotive engineers will be measured. During the interval from September 17 through December 31, 1991, no "certified" locomotive engineers existed. Railroads were using that period to informally evaluate their personnel and accomplish the administrative tasks associated with issuance of the actual certificates. Thus, there was no certification status for railroads to be concerned about during that interval. Although not yet "certified," many persons operated locomotives during that interval and some of those individuals failed to comply with the portions of railroad operating rules referenced in § 240.117. Section 240.117 rovides that a person who is found to ave failed to comply with one of the listed operating rules shall be ineligible for certification for a specified period of time. The period of revocation or ineligibility is longer when there are repeated instances of noncompliance. Since no "certified" locomotive engineers were in service, parties have urged that no event occurring before January 1. 1992 should be considered for the purposes of this rule. In particular, the more extended ineligibility periods provided for in § 240.117 (for repeat offenders) should not apply to a certified locomotive engineer who violates one of the operating rules and practices listed in this section after January 1, 1992. FRA disagrees with this argument since there is no persuasive logical or equitable basis for proceeding in that manner. The operating rules and practices listed in this section are longstanding provisions of railroad company rules designed to assure the safety of train operations. Noncompliance with these rules and practices needs to be discouraged. As FRA has repeatedly stated, noncompliance with the cardinal safety rules referenced in § 240.117 routinely produces a significant number of reportable train accidents each year. Locomotive engineers have been extensively educated about these rules and have long been obligated to comply with them as a condition of continued employment. Moreover, FRA provided a period of some three months after publication of this rule before attaching certification implications to such incidents of noncompliance. This was ample time for all operators of locomotives to be conversant with the fact that beginning September 17, 1991, a failure to comply with these rules took on certification implications in addition to the preexisting employment implications. The same process for investigating the factual predicates into individual allegations of noncompliance existed both before and after January 1, 1992. Thus, the rights of such individuals to an impartial hearing have not been altered by the passage of time. For these reasons, FRA believes that railroads - should consider incidents of noncompliance covered by § 240.117 when making evaluations of grandfathered locomotive engineers. Such incidents will influence the duration of a revocation interval for a subsequent incident of noncompliance. For example, assume that in July of 1993 a locomotive engineer is found to have violated § 240.117 by failing to comply with a stop signal. Investigation reveals that the same engineer was found to have had a prior incident of noncompliance in which he or she operated in a train in excess of the maximum authorized speed on November 13, 1991. The July event thereby constitutes a second incident within 36-months and the one year loss of eligibility consequence of § 240.117 applies to set the duration of the revocation interval. However, not all prior incidents will trigger such a consequence. A railroad that is confronting such a situation, may only consider prior incidents that were the subject of formal industrial disciplinary proceedings. Informal railroad response to handling such incidents preclude the event from being considered as a prior incident for the purposes of § 240.117. (b) Communal culpability. The concern here is over situations in which a locomotive engineer is found to have engaged in operational misconduct, while serving in the capacity of conductor or brakeman, by virtue of being the member of a crew involved in a rule violation. Parties have asked FRA to clarify whether such noncompliance incidents should be considered as events with § 240.117 implications for the certification status of the conductor or brakeman. The events listed in § 240.117 are intended to hold locomotive engineers accountable for their conduct as engineers. It was not FRA's intent that they be held accountable, for certification purposes, for operational noncompliance incidents when they were not serving as a locomotive engineer. In FRA's judgement there are too many potential instances in which it is difficult for other train crew members to effectively intervene to prevent operational misconduct by the person at the controls of the locomotive. (c) Identification of the events covered by section 240.117(e). FRA's revisions to the provisions of subsection 240.117(e) do not fully resolve several questions about the proper interpretation to be accorded one aspect of the provisions of subsection (e). The questions involve which circumstances FRA intended to cover by the words "signal indication" in paragraph (1) of § 240.117(e). FRA intended that the individual railroad operating rules and practices would control what devices or methods would be deemed signal indications. FRA did not intend to limit the term to wayside signals which are subject to FRA's signal and train control regulations but to take an expansive view. In FRA's view a mandatory directive communicated by radio; a dragging equipment detector message; clearly visible flagging devices, both lighted and unlighted, would all be encompassed within the words "signal indication." Section 240.119 Alcohol and Drug Use Related Topics Several aspects of the petitions for reconsideration and multiple requests for clarification have involved several different aspects of the rule provisions relating to control of alcohol and drug abuse by locomotive engineers. The following five issues have been identified: (a) Service in other safety- sensitive service by engineers who violate FRA's alcohol and drug control rules; (b) the impact of self or co-worker referral on mandatory 9-month loss of eligibility; (c) EAP discretion to control the loss of eligibility interval in certain#
Attachment 1, passage 454Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 18997 instances; (d) stringency of return-to- service testing; and (e) periodic physical detection of substance abuse. (a) Service in other safety-sensitive positions by engineers who violate FRA's alcohol and drug control rules. The Initial topic in this group essentially Involves the willingness of FRA to have an engineer continue to serve in some other safety-sensitive position after being found to have violated § 219.101 and thereby losing for nine months the eligibility to serve as an engineer. The AAR petition requested a two-pronged reexamination of the policy of removing the discretion of EAP counselors to set the duration during which an engineer with an active substance abuse disorder would be precluded from performing service. Section 240.119 provides that a mandatory 9-month loss of eligibility occur when a locomotive engineer is found to have violated the prohibitions against reporting for or being on duty while under the influence of alcohol or a controlled substance. Since, elsewhere in S 240.119, FRA permits EAP counselors to have discretion when confronting detected substance abuse in contravention of § 219.102, AAR questioned whether FRA intended to fully remove that discretion when confronting substance abuse in contravention of § 219.101. If that was FRA's intent, then AAR suggested that FRA make the mandatory loss of eligibility applicable to the performance of duty in any safety-sensitive functions. FRA did intend to eliminate EAP counselor discretion when confronting a locomotive engineer who is involved in any incident of substance abuse that contravenes § 219.101. Locomotive engineers play a particularly critical role in train operation safety and at this stage of the extensive efforts to control alcohol and substance abuse by rail workers, FRA is unwilling to countenance the possibility that despite such reprehensible behavior a locomotive engineer could return to the controls of a locomotive in less than 9 months. FRA believes that the more consistent handling of alcohol and drug cases dictated under this rule is appropriate where Federally required certification is at issue. (b) The impact of self- or co-worker referral on mandatory 9-month loss of eligibility. The next topic involves clarification of whether the mandatory 9-month loss of eligibility period applicable to a § 219.101 violation dictates a railroad's response to substance abuse data surfacing in a self- referral or co-worker referral context. Several parties have questioned whether § 240.119 has inadvertently undermined the workings of voluntary substance abuse intervention programs, such as self-referral or co-worker referral, for locomotive engineers. FRA fully supports voluntary prevention programs such as Operation Red Block and recognizes that such peer prevention programs can provide an excellent means of promoting an alcohol and drug free workplace. Section § 240.119 does not disrupt the functioning of prevention programs and in subparagraph (c)(4){iii) the rule specifically exempts, from the nine month ineligibility consequence, transgressions of § 219.101 that are brought to the railroad's attention through formal co-worker reports. However, where individuals have not availed themselves of the options and counter measures currently in place, FRA believes that a standard period of revocation is the appropriate response. Examples may help to illustrate this point. If a locomotive engineer seeks help on his own initiative or is referred by a co-worker, prior to detection that he or she is not in compliance with § 219.101, the EAP counselor has discretion to set the duration of the engineer's period of ineligibility; however, approval to return to service following successful completion of primary treatment may not be unreasonably withheld. Absent prior invocation of the mechanisms of an intervention program, once detected by the railroad a violation of § 219.101 by a certified locomotive engineer results in the mandatory 9-month loss of eligibility provided in § 240.119. FRA recognizes that this approach contravenes some collective bargaining agreements that permit a person to return to service after a comparatively short time despite the fact that the rson was detected by the railroad as being in violation of § 219.101. A variant of that fact pattern also generated requests forIguidance. Assume that a person performing covered service, typically as a conductor or brakeman is found to be in violation of either § 219.101 or § 219.102 of FRA's alcohol and drug control rules and upon investigation, it is learned that the erson is certified to serve as ocomotive engineer. Several parties wanted to know whether that violation of § 219.101 or § 219.102 should be considered as effecting the person's certification eligibility. FRA did not intend to create any exemption for violations of part 219 detected while the engineer is serving in some other capacity. If a certified locomotive engineer is found to be in noncompliance with § 219.101 while performing in any service,'that person renders himself ineligible for the mandatory nine-month interval provided in § 240.119. The critical safety functions performed by an engineer demand that locomotive engineers be held to the highest levels of accountability in this context. In contrast to basic premise for FRA's position concerning the communal responsibility for operational violations under § 240.117, the person must exercise direct and immediate control over his or her own use of drugs and alcohol. (c) EAP discretion to control the loss of eligibility interval in certain instances. The next topic involves the logic of allowing a person, detected as having violated § 219.102, to return to service after a comparatively short interval. Several parties have questioned whether FRA intended to allow a locomotive engineer to be returned to service in an Interval that could possibly be less than 60-days for a violation of § 219.102. FRA did intend to allow EAP counselors to have discretion in setting the duration of the loss of eligibility in these cases. In these instances, the facts do not routinely demonstrate the same level of immediate danger to the safety of train operations. Detection of substance abuse in this context does not involve specific evidence of on-duty use or impairment by the engineer and hence does not present the same level of safety risk that a § 219.101 violation does. FRA expects EAP counselors to employ reasonable judgement about an individual's condition and recognizes that this could, under appropriate circumstances, result in a locomotive engineer being withheld from service for a only short interval. (d) Stringency of return-to-service testing. The next topic involves the provisions of § 240.119 that prescribe the return-to-service testing of locomotive engineers with an active substance disorder. The BLE petition requested revision of the provisions to remove what it perceives to be unnecessarily stringent aspects of the return-to-service testing in this rule. Section 240.119 provides for a minimum of 6 alcohol and 6 drug tests during the first 12 months after a locomotive engineer is returned to service. Unquestionably, these provisions are more stringent than those contained in § 219.104 of FRA's rules to control alcohol and substance abuse. The provisions of this rule reflect FRA's maturing views about the appropriate criteria for return-to-service testing. Thus, FRA denied the request to amend this rule to mirror the existing provisions of part 219. In the context of#
Attachment 1, passage 45518998T- Federal Register Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations return-to-service testing, questions have been raised about whether compliance with testing provisions is achieved when a person is given both the mandated alcohol and drug test on the same day. Testing for both alcohol and drugs on the same day is permissible and, if performed properly, deemed in compliance with this section. In a separate notice of proposed rulemaking, published in the Federal Register on December 15, 1992 (57 FR 59588), FRA requested comment on extending minimum requirements for follow-up tests to the other safety sensitive employees. Safety is best assured and substance abusers are best helped by clear, strict rules applied firmly and consistently. (e) Periodic physical detection of substance abuse. The final topic involves clarification concerning the proper way to proceed under this section when a qualified locomotive engineer takes a periodic physical examination that provides a basis to think that the person has an active substance abuse disorder. Internal corporate policy, developed in conjunction with the provisions of FRA's rules for controlling alcohol and drug abuse and the industry's own Rule G programs, currently dictate a railroad's response to physical examination data. This qualification rule does not alter existing company policies for responding to such information. Section 240.125 Knowledge Testing FRA has received inquires about the proper conduct of knowledge testing under this rule. Several larger railroads were concerned about whether the rule permitted them to divide the conduct of knowledge testing into segments administered at different times. FRA recognizes that a railroad may have some need to administer portions of its testing activities at different points in time and the rule does not prohibit this. These railroads were also concerned about the need for specificity when questioning a person to determine knowledge about physical characteristics. Physical characteristic knowledge questions need to be route- specific, and limiting such a test to generic questioning will not be sufficient. Moreover, when testing a person who is authorized to operate over multiple routes, the person's knowledge concerning each route needs to be examined. Section 240.207 Acuity Testing FRA has received inquiries about the absence of detailed procedures to be followed when conducting the visual and auditory testing required under this rule. FRA did not include required testing protocols because it did not deem them necessary. FRA recognizes that there are multiple ways to perform the required testing and that some medical protocols are held in higher esteem than others. Although FRA has confidence in and commends the use of the protocols employed by the Federal Aviation Administration in connection with that agency's medical examination requirements for aviators, FRA is allowing railroads to make their own informed judgment about which methodology will be employed. Similarly, FRA has not dictated the minimum criteria for the skill levels of the individuals who may be performing ministerial functions under the supervision of a medical doctor. Instead, FRA's rule relies on the medical community to properly discharge its medical, moral and legal obligations to properly provide health care when administering such tests. Section 240.215 Data for Joint Operation Certifications FRA has been asked to clarify the level of detail required for the information that must reside in a railroad's files when the railroad authorizes a person from another railroad to operate on joint operations trackage for which it is operationally responsible. The level of data will vary depending on the method or methods selected by the railroad for making the decision that a visiting engineer is qualified to operate on the joint operations trackage. The rule provides two options: The controlling railroad can conduct the necessary testing or it can rely on the visiting railroad to conduct the testing on its behalf. If the controlling railroad elects to do its own testing, then it will be responsible for being able to identify the particulars of that testing. For example, if the controlling railroad were a large railroad that uses standardized tests, it would be sufficient to be able to show that the person was given standard written test type A on a given date and achieved a passing score of "x" percent. If the controlling railroad elects to rely on the visiting railroad, then the host railroad will be responsible only for documenting that it has relied on an agreement with the visiting railroad whereby the visiting railroad was authorized by the controlling railroad to perform the testing on behalf of the controlling railroad and to maintain the appropriate records concerning that testing. Railroads typically will employ both approaches. In some instances a middle ground will be selected in which the controlling railroad allows the visitor to sit in judgment of its employees only when selected members of the visitor railroad's staff are administering the tests. These approaches to testing prior to sanctioning operation on the joint territory by the engineers working for the visiting railroad predate the existence of FRA's rule. The significant difference under FRA's rule is that the arrangements for such decision making must be known, adhered to, and documented because the controlling railroad will bear the ultimate responsibility under this rule for all locomotive engineers it authorizes to operate on its lines. A controlling railroad can anticipate that under appropriate circumstances FRA will be prepared to hold the controlling railroad responsible for enforcement purposes despite being confronted with the argument that the visiting railroad was the culprit and that the controlling railroad should be exhonorated because it was totally dependent on the visiting railroad to prevent an unqualified engineer from operating on the controlling railroad's lines. Section 240.303 Conducting Annual Monitoring of Engineers FRA has been asked to clarify two details about the conduct of annual monitoring efforts. Under relatively routine circumstances, such as illness, it is foreseeable that a person might not be given his or her annual check ride or operational compliance test. Although the rules do not appear to provide that a failure to administer an annual check ride or operational compliance test will serve to invalidate a person's certification status, there is concern that FRA might interpret the rules to dictate that response. The certification rule does not provide that a failure to administer an annual check ride or operational compliance test will serve to invalidate a person's certification status. If FRA discovers that a railroad has not conducted these annual events, FRA will inquire into the reasons behind that failure. When there are valid reasons for not conducting these events, such as illness, absence, or some similar legitimate explanation, FRA will take no further action. If a railroad lacks valid reasons for such failures then FRA will consider the need for remedial action to preclude recurrence of such failures by the railroad. A related concern involves the administration of an unannounced compliance test as part of an annual check ride particularly if a railroad uses#
Attachment 1, passage 456Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 1899 a simulator to conduct such operations. Some railroads plan to use their simulators to assure that some locomotive engineers, who do not routinely operate a locomotive in the course of their normal duties, maintain their skill performance levels by annually operating on a simulator. If that simulator can reasonably be expected to be the only scheduled operating experience the person will have in a year, several parties have questioned whether a railroad can fulfill its duty to conduct an annual operational compliance test by including the test as part of that simulator program. The concern is, that by including the test in the simulator program, the railroad's test will no longer be completely unannounced. FRA will consider these simulator tests to be valid compliance tests so long as such testing retains its basic integrity. While FRA recognizes that to some degree permitting such a simulator test means that the test loses some of its unanticipated quality, FRA sees that as tolerable provided railroads not attempt to subvert this authority by employing testing procedures that lose their element of surprise through constant repetition. Section 240.307 Procedures Controlling Revocation of Certification In adopting this regulation FRA did not attempt to provide an in-depth explanation of its regulatory design concepts. Lack of understanding about those concepts appears to be a source for the reconsideration petition requests for clarification or regulatory change and many of the interpretive questions concerning the procedures that control revocation of certificates. Lack of understanding about FRA's conceptual approach, compounded by confusion that has resulted from imprecise use of language in connection with adverse certification decisions appear to be the cause for many of the concerns over how to integrate this rule with collective bargaining arrangements. Regulatory Design FRA commenced its regulatory design with the basic idea that an adverse decision concerning certification under this rule involves either a decision to deny certification, including recertification, or a decision to revoke certification. When addressing denials, FRA's regulatory design was predicated principally on the theory that decisions to deny certification or recertification would come at the conclusion of a prescribed evaluation process which would be conducted in accordance with the provisions set forth in subpart C. FRA therefore structured various individual sections in subpart C. as well as the provisions of § 240.219 of subpart C, so that the subpart contains specific procedures designed to assure that a person, in jeopardy of being denied certification or recertification, would be given a reasonable opportunity to explore and respond to the negative information that might serve as the basis for being denied certification or recertification. When considering revocation, FRA's design theory contemplated that decisions to revoke certification would only be based on noncompliance with an operational safety directive or a violation of FRA's rules controlling alcohol and drug use by railroad workers. Since revocation decisions by their very nature would involve a clear. potential for factual disagreement, FRA's design for subpart D was structured to ensure that such decisions would come only after the certified locomotive engineer had been. afforded an opportunity for an investigatory hearing at which the hearing officer would determine whether there was sufficient evidence to establish that the engineer's conduct warranted revocation of his or her certification. FRA's design also includes the concept of certificate suspension. Certificate suspension is employed in instances where there is reason to think the certificate should be revoked or made conditional but time is needed to resolve the situation. Certificate suspension Is applicable to instances where a person is awaiting an investigatory hearing to determine whether that person violated certain provisions of FRA's alcohol and drug control rules or engaged in operational misconduct and situations in which the person Is being evaluated or treated for an active substance abuse disorder. In executing its basic theoretical design, FRA also was guided by the concept that, to the degree that it was appropriate, FRA's regulatory approach should strive to accommodate existing collective bargaining agreements whenever possible. FRA's design precepts also included attempting to ensure that a workable framework was provided in instances where the existing agreement approach was deemed inappropriate for the purposes of this rule or where such agreements simply did not exist. In this context, FRA's design concept sought to recognize that these agreements had been fabricated to permit resolution of similar issues and are the result of many years of effort by representatives of the railroads and labor organizations. In addition, they are relatively well known to the people who operate locomotives which would assist people in making the transition to the certification process. Denial of Certification Process- Integrating Collective Bargaining Arrangements A focus of several requests for guidance has been the question of how, under the design structure of the rule, FRA intends railroads to respond to data concerning a person's failure to meet the acuity criteria for certification. A variant of that question has been the degree to which FRA procedures have displaced collective bargaining arrangements for resolving disputes about medical qualification. Sections 240.207 and 240.219 establish the minimum procedures that must be accorded the certification candidate before a railroad renders a potentially adverse decision. Section 240.219 explicitly gives the certification candidate a reasonable opportunity to explain or rebut the adverse information. Those provisions can readily be integrated with collective bargaining arrangements. For example, conforming with a collective bargaining agreement that calls for the use of multiple medical opinions about the person's medical condition prior to reaching a final qualification determination would satisfy this provision. In other in~stances, where no formal written mechanism exists but a practice has developed that allows a locomotive engineer to obtain further medical review, if the certification candidate can convince a doctor of the engineer's medical fitness, reliance on that process would satisfy the rule. Since there are multiple ways to effectively achieve this goal of according the candidate a reasonable response opportunity, the section does not explicitly limit the types of alternate methods response mechanisms that are acceptable to FRA. In short, no change to the rule is necessary because the rule permits reliance on multiple medical opinion methodology. As to the related question of the deference FRA will give a railroad's adverse decision, when the railroad determines that a person lacks the required vision or hearing without adhering to the collective bargaining agreement procedures, FRA's response is provided below as part of the larger discussion concerning FRA's review of adverse certification decisions. As noted earlier, the rule is designed to resolve questions concerning physical qualifications in the context of initial and periodic certification procedures. If a railroad has reason to think that a#
Attachment 1, passage 45719000 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations certified engineer's physical ualifications require reexamination, e rule contemplates that the railroad would schedule that person for a new certification evaluation. Certification Revocation Process- Integrating Collective Bargaining Arrangements As noted above, FRA contemplated that decisions to reVoke certification would be based on noncompliance with the operational safety directives contained in S 240.117 and § 240.119. Since revocation decisions by their very nature would involve a clear potential for factual disagreement. FRA's design for subpart D was structured to ensure that such decisions would come only after the certified locomotive engineer had been afforded an opportunity for a hearing at which the hearing officer would determine whether there was sufficient evidence to establish that the engineer's conduct warranted revocation of his or her certification. This section provides that adherence to the procedural arrangements for conducting company disciplinary proceedings will be deemed to satisfy the requirements of this rule. The rule also provides that the hearing officer will be limited to reaching findings based on the record of the hearing, a feature not necessarily found in the agreement approach. In this way FRA sought to permit the positive and familiar aspects of the existing company disciplinary process to continue in service but guard against hearing officers who might be tempted to make decisions based on data not fully examined at the hearing. Similarly, the section sets forth the procedural criteria for conducting such proceedings when reference to collective bargaining agreements Is not available as a way to establish the needed procedural criteria. FRA proceeded from the perspective that when confronted by an incident of noncompliance involving events covered by this rule a railroad would have to decide how to respond to that event both in terms of the imposition of company disciplinary action and in terms of loss of eligibility under this rule. The rule left railroads the option of treating the event as having safety significance and warranting initiation of an investigatory hearing with the possible imposition of (a) revocation of FRA certification, or (b) two types of sanctions; company disciplinary sanctions and revocation. While railroads have the option of treating an incident as warranting the initiation of a investigatory hearing with either single or multiple purposes, FRA anticipated that in most instances a dual purpose hearing would be preferred and it would be desirable to conduct such a hearing in accordance with the familiar procedural terms of the collectively bargained arrangements. The existence of a separate set of procedural arrangements was primarily intended to be utilized in settings where no agreements were in effect or where an existing agreement was incomplete. These provisions were not intended to establish a procedural process to be utilized when the sole focus of the investigatory hearing was on the possibility of the person's certification being revoked. In short, FRA did not intend the rule to produce a result contrary to prevailing practices in this The overall effect is that, unless the rule provides for a contrary result, when a railroad is contemplating revoking a locomotive engineer's certification, the railroad will follow the same course of action it would traditionally employ if the railroad were contemplating the imposition of industrial disciplinary sanctions. Such contrary results however do occur under this rule. One contrary result will occur during the initial phases of an incident in which a railroad is confronted with an act of noncompliance involving one of the operating rules or practices identified in § 240.117. As noted earlier, failure to comply with the S 240.117(e) operating rules annually results in dramatic safety consequences. FRA has imposed a duty to suspend an engineer's certification once the railroad has reliable information indicating such noncompliance. In so doing FRA is not following prevailing industry practices with respect to whether a particular event should cause a person to be removed from service. In FRA's view there are serious drawbacks to current industry practices about when removal will and will not occur, including the tendency to view the severity of the consequences of rule noncompliance as the critical determination in whether incidents are "serious" enough to warrant removal from service; and the need to enhance railroad efforts to obtain better compliance with these critical rides. A second contrary result will occur if an investigatory hearing concludes that culpable noncompliance occurred. Under existing industry practices, the nature of the company disciplinary sanction will tend to follow certain prior practices or norms. But such norms may vary tremendously based on prevailing attitudes. The factors that tend to influence such prevailing attitudes frequently appear to have no safety relevance. This rule does not give the railroad that same latitude. Under the rule,'the period of revocation commences when the hearing officer reaches the adverse finding on the hearing record and railroads have been given no discretion to vary that consequence. A possible contrary result concerning the period of suspension prior to the hearing not being counted towards the revocation interval has been eliminated as previously discussed. Thus, periods of certificate suspension will be treated for revocation purposes in a manner analogous to that used by some railroads which allow the time a person was held out of service pending a disciplinary hearing to count towards satisfaction of a disciplinary sanction that precludes service for some specified period. Certification Revocation Process-- Detection of Alcohol and Drug Use The AAR petition for reconsideration questioned how to comply with this rule in two situations involving detection of alcohol and drug use. The first situation involves instances in which a locomotive engineer with a known substance abuse disorder fails to adhere to the conditions imposed for his or her return to service. The primary concern has been for guidance on what response is required to situations in which the troubled engineer fails to take or fails to successfully pass follow-up testing after being returned to service. Questions have been raised about whether the railroad must treat this as a revocation decision and provide a § 240.307 hearing before altering the person's certification status and, if such a hearing is required, concern has been expressed about the possible impingement on EAP confidentiality protocols implicit in having a revocation hearing in such situations. A locomotive engineer with an active substance abuse disorder can be conditionally certified under terms that subject the person to periodic follow-up testing after being returned to service according to the provisions of § 240.119. Failure of such follow-up testing would be tantamount to a violation either of § 219.102 or § 219.101. Consequently, a railroad would be required under FRA's alcohol and drug rule to hold the person out'of covered service. A railroad that intends to withdraw its conditional certification must afford the locomotive engineer the formalized trial type investigatory hearing procedures provided by § 240.307 if the engineer so requests. Concern over possible impingement on EAP confidentiality protocols implicit In having a revocation hearing in such situations appears to FRA to be#
Attachment 1, passage 458Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 19001 misplaced since § 240.119(e) provides that confidentiality is waived under these circumstances and, in any event, release of treatment records would not be required. The second situation involves instances in which a locomotive engineer's motor vehicle driving history shows evidence of substance abuse. The question here is whether, upon receipt of such data, the rule requires that the locomotive engineer's certificate be suspended and an investigatory hearing held. The rule does not require a railroad to suspend a person's certification under these circumstances. The intent of § 240.115 is that motor vehicle driving records indicating substance abuse on the highway which could be relevant to the person's- certification status be evaluated and that evaluation be conducted by EAP counselors, not investigatory hearing officers. FRA Review of Certification Denials and Revocations This subject involves the nature of FRA's review of a railroad's decision to deny or revoke a locomotive engineer's certification. Three basic issues have surfaced: delineating the scope of review; the standards applied during review; and the nature of relief available. The scope of FRA's review needs to be clarified since theoretically can be expected to review factual, procedural, and legal disputes. Resolution of the standard of proof issue entails response to questions about what significance FRA will dttach to various issues that can be expected to routinely arise during revocation proceedings. For example, the petitioners seek guidance on the consequences that FRA will attach to refusals to provide witnesses; failures to adhere to prescribed time limits; or challenges to the impartiality of the hearing officer and credibility of witnesses. Finally, the nature of the relief that FRA will afford petitioners is not clear. For example, the advisability of reducing a given period of ineligibility because of a conviction that strong mitigating factors warrant such action. FRA's intent is to provide an initial review mechanism that is simple, inexpensive, expeditious and effective. For those cases that demand more detailed inquiry, FRA intends to provide a more sophisticated procedural vehicle analogous to judicial review. In keeping with those goals the rule provides that in the event of denial or revocation, every person has a right to review of the railroad's decision by FRA. Initiation of that review only requires a simple letter to FRA setting forth what has occurred and an explanation of why the person believes the railroad acted wrongfully. The letter needs to contain the information the person thinks supports his or her position and be supplemented with a copy of all written documents in the person's possession that explain the railroad's decision. FRA's rule requires that a railroad provide written explanation of its denial decision and reach the revocation findings on the record of the investigatory hearing conducted prior to issuance of the revocation decision. Thus, each person will possess such supplemental written material. Section 240.403 provides the details of how a person can obtain FRA review. These details include the need to seek review in a timely fashion once the adverse decision is rendered by the railroad. Upon receipt of the petition, FRA provides the person written acknowledgement of the filing and provides a copy of the filing to the railroad. The railroad has thirty days from its date of receipt to respond, if it desires to comment on the matter. If the railroad comments on the matter, any material must be submitted in writing and a copy sent to the petitioner. Based on the written record, FRA staff will analyze the railroad decision and make a recommendation to the Locomotive Engineer Review Board (Board). The Board is comprised of three senior FRA staff members with pertinent experience. The Board will determine whether the denial or revocation of certification was proper under the regulation. In reviewing each petition, the Board is responsible for considering factual and procedural disputes. Factual disputes could involve questions of whether the information relied on by the railroad was correct. For example, the Board will consider assertions that, despite a contrary finding by the railroad, the persdn did pass the knowledge examination; or that the person did operate the train within the prescribed speed limits. Factual disputes could also involve whether certain equitable considerations warrant reversal of the railroad's decision on the grounds that, due to certain peculiar underlying facts, the railroad's decision would produce an unjust result not intended by FRA's rules. For example, the Board will consider assertions that a person failed to operate the train within the prescribed speed limits because of defective equipment. Finally, the Board will consider procedural disputes, which involve questions of whether the process followed by the railroad, such as correct adherence to time limits prescribed in FRA's rule or a governing agreement, was appropriate and fair. When considering factual issues, the Board will determine whether there is substantial evidence to support the railroad's decision, and a negative finding is grounds for reversal. When considering procedural issues, the Board's standard for review will be to determine whether substantial harm was caused the petitioner by virtue of the failure to adhere to the dictated procedures for making the railroad's decision. A finding of substantial harm Is grounds for reversing the railroad's decision. As to legal issues involving interpretation of regulations or statutes administered by FRA, the Board will provide "de nova" review, which means that the Board will not be bound by legal interpretations reached by the railroad in making its decision. The decision-making power of the Board is limited to approving the railroad decision, overturning the railroad decision, or returning the case to the railroad for additional fact finding. The Board is not empowered to mitigate the consequences of the railroad decision, if that decision is valid under this regulation. The Board is only empowered to make determinations concerning qualifications under this regulation. The contractual consequences, if any, of those determinations must be resolved under dispute resolution mechanisms that do not directly involve FRA. For example, FRA cannot order a railroad to alter its seniority rosters or make an award of back pay to accommodate a finding that a railroad wrongfully denied certification. In reviewing petitions, FRA's role is to assure that the qualification determinations are performed in compliance with the rule and to take appropriate remedial action if it detects noncompliance. FRA recognizes that this rule signals a major change in the status quo. Previously, railroads and their employees could anticipate that a single review decision would serve to resolve all aspects of the relationship between the -locomotive engineer and the railroad. All Board decisions are prQvided in writing to both the petitioner and the relevant railroad and contain an explanation of the Board's findings. The Board's decision is subject to appeal by either adversely affected party. That appeal is potentially a three-stage process. If a party is adversely affected by the Board decision, that party may elect to request review of the Board's decision by a hearing officer who will conduct a trial-type proceeding.#
Attachment 1, passage 45919002 Federal Register / Vol. 58,. No. 67 / Friday, April 9, 1993 / Rules and Regulations It is FRA's responsibility to convince the hearing officer that the Board's decision was the correct decision by establishing that the facts are supported by substantial evidence and the decision is in accordance with the law. FRA currently contemplates using administrative law judges to serve as hearing officers to conduct these proceedings. Administrative lawjudges are not FRA employees, although they may be Department of Transportation employees. The procedures for initiating and conducting such proceedings are contained in § 240.407 and 240.409. Appeal from a hearing officer's decision can be taken to the FRA Administrator and, once the Administrator has acted, the final agency decision is subject to judicial review in Federal court. Regulatory Impact E.O. 12291 and DOT Regulatory Policies and Procedures This rule has been evaluated in accordance with existing regulatory policies and is considered to be non- major under Executive Order 12291 but significant under the DOT policies and procedures (44 FR 11034; February 26, 1979) since it effects a substantial regulatory program. Regulatory Flexibility Act FRA certifies that this rule will not have a significant economic impact on a substantial number of small entities. These rules will apply to railroads. Although a substantial number of small railroads are subject to this regulation, the economic impact of this amendment to the rule will not be significant since it only clarifies existing provisions and makes technical changes that will not have any adverse economic impact. These amendments to the basic rule will have no direct impact on small units of government, businesses, or other organizations. State rail agencies continue to be free to participate in the administration of this program but are not required to do so. Paperwork Reduction Act There are no new collection of information requirements contained in this rule and, in accordance with the Paperwork Reduction Act of 1980, the record keeping and reporting requirements already contained in this rule have been approved by the Office of Management and Budget. The OMB approval number is being added to the text of the rule by one of the technical changes being made by this amendment. The information collection requirements of this rule became effective when they were approved by OMB. Environmental Impact FRA has evaluated this regulation in accordance with its procedures for ensuring full consideration of the environmental impacts of FRA actions as required by the National Environmental Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes, Executive Orders, and related directives. This regulation meets the criteria that establish this as a non-major action for environmental purposes. Federalism Implications This rule will not have a substantial effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Thus in accordance with Executive Order 12612, preparation of a Federalism Assessment is not warranted. Public Proceedings FRA has not provided additional notice and request for public comment prior to making the amendments contained in this rule. FRA concluded that such notice and comment were impractical, unnecessary and contrary to the public interest since FRA is. for the most part, only making minor technical changes in response to requests for reconsideration of issues that were previously the subject of detailed notice and extensive comment in the development of the initial final rule in this proceeding. Certain of the amendments are so critical to the effective implementation of this rule that the delay that a notice and comment period would cause would clearly be contrary to the public interest-in railroad safety. For example, the amendments concerning which types of operational misconduct warrant decertification will prevent further decertification proceedings for relatively less serious misconduct. Such proceedings have begun to proliferate, which is causing railroads, employees, and FRA (as the reviewer of railroad decisions) to expend large amounts of time and money on these less serious matters, thereby diverting resources (including FRA's) from more important safety concerns. In the time it would take (several months to a year or more) to complete a comment period, public hearing, rule revision and review within the government of an eventual final rule, scores, if not hundreds of these incidents will occur and lead to decertification. The interim final rule approach permits a nearby immediate resolution of this problem but. guarantees a full opportunity to comment on the amendments. In addition, large portions of this rule are purely interpretive and accordingly, public proceedings are not necessary prior to issuance of those portions. List of Subjects in 49 CFR Part 240 Railroad safety, railroad operating procedures. The Rule Therefore, in consideration of the foregoing, FRA amends part 240, chapter II, subtitle B of title 49, Code of Federal Regulations as follows: PART 240--[Amended] 1. The authority citation for part 240 continues to read as follows: Authority: 45 U.S.C. 431 and 438, as amended; Pub. L 100-342; and 49 CFR 1.49(m). 2. Section 240.5 is amended by revising paragraph (a) to read as follows: 1240.5 Construction. (a) By issuance of these regulations, FRA intends to preempt any State law, rule, regulation, order, or standard covering the same subject matter in accordance with the provisions of section 205 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 434). 3. Section 240.7 is amended by revising the definition of "Locomotive engineer" and adding the definition of "Main track" to read as follows: § 240.7 Definitions. Locomotive engineer means any person who moves a locomotive or group of locomotives regardless of whether they are coupled to other rolling equipment except: (1) a person who moves a locomotive or group of locomotives within the confines of a locomotive repair or servicing area as provided for in 49 CFR 218.5(f) and 218.29(a)(1); or (2) a person who moves a locomotive or group of locomotives for distances of less than 100 feet and this incidental movement of a locomotive or locomotives is for inspection or maintenance purposes. Main track means a track upon which the operation of trains is governed by one or more of the following methods of operation: timetable; mandatory directive; signal indication; or any form of absolute or manual block system. 4. Section 240.13 is amended by revising paragraph (a) to read as follows:#
Attachment 1, passage 460Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 19003 §240.13 Information collection requirements. (a) The information collection requirements of this Part were reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and are assigned OMB control number 2130-0533. 5. Section 240.117 is amended by revising paragraphs (d), (e), and (h) and adding new paragraph (i) to read as follows: §240.117 Criteria for consideration of operating rules compliance data. *t * *t *t / (d) Limitations on consideration of prior operating rule compliance data. Except as provided for in paragraph (i) of this section, in determining whether a person may be or remain certified as a locomotive engineer, a railroad shall consider as operating rule compliance data only conduct described in paragraph (e) of this section that occurred within a period of 60 consecutive months prior to the determination. A review of an existing certification shall be initiated promptly upon the occurrence and documentation of any conduct described in this paragraph. (e) A railroad shall consider violations of its operating rules and practices that involve: (1) Failure to control a locomotive or train in accordance with a signal indication that requires a complete stop before passing it; (2) Failure to adhere to limitations concerning train speed when the speed at which the train was operated exceeds the maximum authorized limit by at least 10 miles per hour or by more than one half of the authorized speed, whichever is less; (3) Failure to adhere to procedures for the safe use of train or engine brakes when the procedures are required for compliance with the transfer, initial, or intermediate terminal-test provisions of 49 CFR part 232 (see 49 CFR 232.12 and 232.13); (4) Occupying main track without proper authority; (5) Failure to comply with prohibitions against tampering with locomotive mounted safety devices; and (6) Incidents of noncompliance with § 219.101 of this chapter; however such incidents shall be considered as a violation only for the purposes of paragraphs (g)(2) and (3) of this section. * * * * * (h) Future eligibility to hold certificate. Only a person whose certification has been denied or revoked for a period of one year in accordance with the provisions of paragraph (g)(2) of this section for reasons other than noncompliance with § 219.101 of this Chapter shall be eligible for grant or reinstatement of the certificate prior to the expiration of the initial period of ineligibility. Such a person shall not be eligible for grant or reinstatement unless and until- (1) The person has been evaluated by a designated supervisor of locomotive engineers and determined to have received adequate remedial training; (2) The person has successfully completed any mandatory program of training or retraining, if that was determined to be necessary by the railroad prior to return to service; and (3) At least one half the pertinent period of ineligibility specified in paragraph (g)(2) of this section has elapsed. (i) In no event shall incidents that meet the criteria of paragraphs (i)(1) through (4) of this section be considered as prior incidents for the purposes of paragraph (g)(3) of this section even though such incidents could have been or were validly determined to be violations at the time they occurred. Incidents that shall not be considered under paragraph (g)(3) of this section are those that: (1) Occurred prior to (effective date of this amendment); (2) Involved violations of one or more of the following operating rules or practices: (i) Failure to control a locomotive or train in accordance with a signal indication; (ii) Failure to adhere to limitations concerning train speed; (iii) Failure to adhere to procedures for the safe use of train or engine brakes; or (iv) Entering track segment without proper authority; (3) Were or could have been found to be violations under this section as it read prior to May 10, 1993; and (4) Would not be a violation of paragraph (e) of this section as amended. 6. Section 240.215 is amended by adding paragraph (j) to read as follows: §240.215 Retaining Information supporting determinations. * * * * * (j) Nothing in this section precludes a railroad from maintaining the information required to be retained under this section in an electronic format provided that: (1) The railroad adequately limits and controls those who have access to such information; (2) The railroad employs a system for data storage that permits reasonable access and retrieval of the information in usable format when requested to furnish data by FRA representatives; and (3) Information retrieved from the system can be easily produced in a printed format which can be readily provided to FRA representatives and authenticated by a designated representative of the railroad as a true and accurate copy of the railroad's records if requested to do so by FRA representatives. 7. Section 240.217 is amended by revising paragraph (b) to read as follows: §240.217 Time limitations for making determinations. * * 0t * *r (b) The time limitations of paragraph (a) of this section do not apply to a railroad that is making a certification decision in reliance on determinations made by another railroad in accordance with paragraph (c)(2) of this section, § 240.227, or § 240.229. 8. Section 240.223 is amended by revising paragraph (a)(7) to read as follows: § 240.223 Criteria for the certificate. (a) * * * (7) Show the date of the person's last Qperational monitoring event as required by § 240.129(c) and § 240.303(b), unless that information is reflected on supplementary documents which the locomotive engineer has in his or her possession when operating a locomotive; and * * * * * 9. Section 240.229 is amended by revising paragraph (a) and adding paragraph (f) to read as follows: §240.229 Requirements for joint operations territory. (a) Except for minimal joint operations provided for in paragraph (f) of this section, no railroad that is responsible for controlling the conduct of joint operations with another railroad shall permit or require any person to operate a locomotive in any class of train or engine service unless that person has been certified as a qualified locomotive engineer for the purposes of joint operations and issued a certificate that complies with § 240.223. * * * * * (f) A railroad that is responsible for controlling the conduct of joint operations with another railroad may permit a certified locomotive engineer to operate a locomotive in any class of train or engine service without#
Attachment 1, passage 46119004 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations determining that the person has been certified as a qualified locomotive engineer for the purposes of joint operations when a minimal joint operation is involved. For the purposes of this section a minimal joint operation exists when a locomotive or train belonging to one railroad is being operated on the same track on which operations are conducted by the railroad controlling operations, under the following conditions: (1) The maximum authorized speed for operations on the track does not exceed 20 miles per hour; (2) The track is other than a main track; (3) Operations are conducted under operating rules that require every locomotive and train to proceed at a speed that permits stopping within one half the range of vision of the locomotive enineer; and (4) The maximum distance for joint operations on the track does not exceed one mile. 10. Section 240.305 is amended to revising the section heading and paragraphs (a) and (c) to read as follows: §240.305 Prohlblted conduct After December 31, 1991, (a) It shall be unlawful to: (1) Operate a locomotive or train at a speed that exceeds the maximum authorized limit by at least 10 miles per hour or by more than one half of the authorized speed, whichever is less; (2) Operate a locomotive or train past any signal, without completely stopping the locomotive or train, when that signal requires a complete stop before passing it; or (3) Fail to comply with any mandatory directive concerning the movement of a locomotive or train by occupying a segment of main track without authority. (c) Any loi:omotive engineer who is notified or called to operate a locomotive or train and such operation would cause the locomotive engineer to exceed certificate limitations, set forth in accordance with subpart B of this part, shall immediately notify the railroad that he or she is not qualified to perform that anticipated service and it shall be unlawful for the railroad to require such service. 11. Section 240.307 is revised to read as follows; §240.307 Revocation of certification. (a) Except as provided for in § 240.119(0, a railroad that Issues a person certification or recertification as a qualified locomotive engineer and, during that certification interval, orderly, and fair resolution of the acquires information which convinces proceeding. the railroad that the person no longer (7) The presiding officer may: meets the qualification requirements of (i) Adopt any needed procedures for this part, shall revoke the person's the submission of evidence in written certificate as a qualified locomotive form; engineer. (ii) Examine witnesses at the hearing; (b) Pending a revocation (iii) Convene, recess, adjourn or determination under this section, the otherwise regulate the course of the railroad shall: bearing; and (1) Upon receipt of reliable (iv) Take any other action authorized information indicating the person's lack by or consistent with the provisions of of qualification under this part, this part and permitted by law that may immediately suspend the person's expedite the hearing or aid in the certificate; disposition of the proceeding. (2) Prior to or upon suspending the (8) Parties may appear andbe heard person, provide notice of the reason for on their own behalf or through this suspension, the pending revocation, designated representatives. Parties may and an opportunity for hearing before a offer relevant evidence including presiding officer other than the charging testimony and may conduct such official; examination of witnesses as may be (3) Convene the hearing within the required for a full disclosure of the relevant facts. deadline prescribed by either paragraph (9) The record in the proceeding shall (c)(1) of this section or the applicable be closed at conclusion of the hearing collective bargaining agreement as permitted under paragraph (d) of this unless the presiding officer allows additional time for the submission of section; information. In such instances the (4) Determine, on the record of the record shall be left open for such time hearing, whether the person no longer as the presiding officer grants for that meets the qualification requirements of this part stating explicitly the basis for purpose. (10) At the close of the record, the the conclusion reached; presiding officer shall prepare a written (5) When appropriate, impose the decision in the proceeding. pertinent period of revocation provided (11) The decision shall: for in § 240.117 or § 240.119; and (i) Contain the findings of fact as well (6) Retain the record of the hearing for as the basis therefor, concerning all 3 years after the date the decision is material issues of fact presented on the rendered. record; and (c) Except as provided for in (ii) Be served on the employee. paragraphs (d) and (f) of this section, a (12) The railroad shall have the earing required by this section shall be burden of proving that the locomotive conducted in accordance with the engineer's conduct was not in following procedures: compliance with the applicable railroad (1) The hearing shall be convened operating rule or practice or Part 219 of within 10 days of the date the certificate is suspended unless the locomotive this chapter. (d) A hearing required by this section engineer requests or consents to delay in which is conducted in a manner that the start of the hearing. conforms procedurally to the applicable (2) The hearing shall be conducted by collective bargaining agreement shall be a presiding officer, who can be any deemed to satisfy the procedural qualified person authorized by the requirements of this section. railroad other than the charging officer. (a) A hearing required under this (3) The presiding officer will exercise section may be consolidated with any the powers necessary to regulate the disciplinary or other hearing arising conduct of the hearing for the purpose from the same facts, but in all instances of achieving a prompt and fair the presiding officer for the hearing determination of all material issues in shall make separate findings as to the controversy. revocation required under this section. (4) The presiding officer shall (f) A person may waive the right to convene and preside over the hearing. the hearing provided under this section. (5) Testimony by witnesses at the That waiver shall: hearing shall be recorded verbatim. (1) Be made in writing; (6) All relevant and probative (2) Reflect the fact that the person has evidence shall be received unless the knowledge and -understanding of these presiding officer determines the rights and voluntarily surrenders them; evidence to be unduly repetitive or so and extensive and lacking in relevancy that (3) Be signed by the person making its admission would impair the prompt, the waiver.#
Attachment 1, passage 462Federal Register I Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 19005 I I I II (g) A railroad that has relied on the certification by another railroad under the provisions of § 240.227 or S 240.229, shall revoke its certification if, during the period that certification is valid, the railroad acquires information which convinces it that another railroad has revoked its certification after determining, in accordance with the provisions of this section, that the person no longer meets the qualification requirements of this part. The requirement to provide a hearing under this section Is satisfied when any single railroad holds a hearing and no additional hearing is required prior to a revocation by more than one railroad arising from the same facts. (h) The period of certificate suspension prior to the commencement of a hearing required under this section shall be credited towards satisfying any applicable revocation period imposed in accordance with the provisions of § 240.117. 12. Section 240.401 is amended by revising paragraph (a) to read as follows: §240.401 Review board established. (a) Any person who has been denied certification, denied recertification, or has had his or her certification revoked and believes that a railroad incorrectly determined that he or she failed to meet the qualification requirements of this regulation when making the decision to deny or-revoke certification, may petition the Federal Railroad Administrator to review the railroad's decision. Issued in Washington, D. on March 30, 1993. S. Mark Lindsey, Acting Administrator. [FR Doc. 93-7796 Filed 4-8-93;8:45 am] BILUNG CODE 4910-06-P#
Attachment 1, passage 463p Friday April 9, 1993 li = 0m~ LiJ- - U - I Part V I, [I - v Department of the -Interior Fish and Wildlife Service 50 CFR Part 20 Proposed 1993-1994 Migratory Game Bird Hunting Regulations; Proposed Rule 33 a -- '#
Attachment 1, passage 46419008 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 RIN 1018-AA24 Migratory Bird Hunting; Proposed 1993-1994 Migratory Game Bird Hunting Regulations (Preliminary) AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rulemaking. SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service) proposes to establish annual hunting regulations for certain migratory game birds. The taking of migratory birds is prohibited unless specifically provided for by regulation. These regulations will permit the taking of the designated species during the 1993-94 season. The Service annually prescribes outside limits (frameworks) within which States may select hunting seasons. These seasons provide recreational hunting opportunities to the public and aid Federal and State governments in the management of migratory game birds, and are designed to maintain harvests at levels compatible with migratory bird population and habitat conditions. DATES: The comment period for proposed early-season regulations frameworks will end on July 22, 1993; and for late-season proposals on September 1, 1993. The public hearing for early-season regulations will be held on June 24, 1993, at 9 a.m. The public hearing for late-season regulations will be held on August 5, 1993, at 9 a.m. ADDRESSES: Both public hearings will be held in the Auditorium, Department of the Interior Building, 1849 C Street NW., Washington, DC. Written comments on the proposals and notice of intention to testify at either hearing may be mailed to the Director, (FWS/ MBMO), U.S. Fish and Wildlife Service, Department of the Interior, room 634- Arlington Square, Washington, DC 20240. Comments received will be available for public inspection during normal business hours in room 634, Ar!'ngton Square Building, 4401 N. Fairfa. Drive, Arlington, Virginia. FOR FURTHER INFORMATION CONTACT: Marshall A. Howe, Acting Chief, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, room 634-Arlington Square, Washington, DC 20240 (703) 358-1714. SUPPLEMENTARY INFORMATION: Notice of Intention to Establish Open Seasons This notice announces the intention of the Director, U.S. Fish and Wildlife Service, to establish open hunting seasons and daily bag and possession limits for certain designated groups or species of migratory game birds for 1993-1994 in the contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands, under §§ 20.101 through 20.107. 20.109, and 20.110 of subpart K of 50 CFR part 20. "Migratory game birds" are those migratory birds so designated in conventions between the United States and several foreign nations for the protection and management of these birds. For the 1993-94 hunting season, regulations Will be proposed for certain designated members of the avian families Anatidae (ducks, geese, brant, and swans); Columbidae (doves and pigeons); Gruidae (cranes); Rallidae (rails, coots, and moorhens and gallinules); and Scolopacidae (woodcock and snipe). These proposals are described under Proposed 1993-94 Migratory Game Bird Hunting Regulations (Preliminary) in this document. Definitions of waterfowl flyways and mourning dove management units, as well as a description of the data used in and the factors affecting the regulatory process, were published in the March 14, 1990, Federal Register (55 FR 9618). Regulatory Schedule for 1993-1994 This is the first in a series of proposed and final rulemaking documents for migratory game bird hunting regulations. Proposed season frameworks are set forth for various groups of migratory game birds for which these regulations ordinarily do not vary significantly from year to year. Proposals relating to the harvest of migratory game birds that may be initiated after publication of this proposed rulemaking will be made available for public review in supplemental proposed rulemakings to be published in the Federal Register. Also, additional supplemental proposals will be published for public comment in the Federal Register as population, habitat, harvest, and other information becomes available. Because of the late dates when certain portions of these data become available, it is anticipated that comment periods on some proposals will necessarily be abbreviated. Special circumstances that limit the amount of time which the Service can allow for public comment are involved in the establishment of these regulations. Specifically, two considerations compress the time in which the rulemaking process must operate: the need, on one hand, to establish final rules at a time early enough in the summer to allow State agencies to select and publish season dates and bag limits prior to the hunting seasons and, on the other hand, the lack of current data on the status of most waterfowl before late July. Because the process is strongly influenced by the times when information is available for consideration, the overall regulations process is divided into two segments. Early seasons are those seasons that generally open prior to October 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. Late seasons are those seasons opening in the remainder of the United States about October 1 and later, and include most of the Waterfowl seasons. Major steps in the 1993-1994 regulatory cycle relating to public hearings and Federal Register notifications are illustrated in the accompanying diagram. Dates shown relative to publication of Federal Register documents are target dates. Sections of this and subsequent documents outline hunting frameworks and guidelines that are organized under numbered headings. These headings are: 1. Ducks 2. Sea Ducks 3. Mergansers 4. Canada Geese 5. White-fronted Geese 6. Brant 7. Snow and Ross's Geese 8. Tundra Swans 9. Sandhill Cranes 10. Coots 11. Moorhens and Gallinules 12. Rails 13. Snipe 14. Woodcock 15. Band-tailed Pigeons 16. Mourning Doves 17. White-winged and White-tipped Doves 18. Alaska 19. Hawaii 20. Puerto Rico 21. Virgin Islands 22. Falconry 23. Other Later sections of this and subsequent documents will refer only to numbered items requiring attention. Therefore, items requiring no attention will be omitted and the remaining numbered items will be discontinuous and appear incomplete. Hearings Two public hearings pertaining to 1993-1994 migratory game bird hunting#
Attachment 1, passage 465Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules 19009 regulations are scheduled. Both hearings will be conducted in accordance with 455 DM 1 of the Departmental Manual. On June 24, a public hearing will be held at 9 a.m. in the Auditorium of the Department of the Interior Building, 1849 C Street NW., Washington, DC. This hearing is for the purpose of reviewing the status of migratory shore and upland game birds. Proposed hunting regulations will be discussed for these species plus regulations for migratory game birds in Alaska, Puerto Rico, and the Virgin Islands; special September waterfowl seasons in designated States; special sea duck seasons in the Atlantic Flyway, and extended falconry seasons. On August 5, a public hearing will be held at 9 a.m. in the Auditorium of the Department of the Interior Building, address above. This hearing is for the purpose of reviewing the status and proposed regulations for waterfowl not previously discussed at the June 24 public hearing. The public is invited to participate in both hearings. Persons wishing to make a statement at these hearings should write the Director (FWS/MBMO), U.S. Fish and Wildlife Service, Department of the Interior, room 634-Arlington Square, Washington, DC 20240. Copies of statements should be filed with the Director before or during each hearing. Public Comments Solicited The policy of the Department of the Interior is, whenever practicable, to afford the public an opportunity to participate in the rulemaking process. Accordingly, interested persons are invited to submit written comments, suggestions, or recommendations regarding the proposed amendments. Final promulgation of migratory game bird hunting regulations will take into consideration all comments received by the Service. Such comments, and any additional information received, may lead to final regulations that differ from these proposals. Interested persons are invited to participate in this rulemaking by submitting written comments to the address indicated under the caption ADDRESSES. Comments received on the proposed annual regulations will be available for public inspection during normal business hours at the Service's office in room 634, 4401 North Fairfax Drive, Arlington, Virginia. Specific comment periods will be established for each series of proposed rulemakings. All relevant comments will be accepted through the closing date of the comment period on the particular proposal under consideration. The Service will consider, but possibly may not respond in detail to, each comment. As in the past, the Service will summarize all comments received during the comment -period and respond to them after the closing date. Flyway Council Meetings Departmental representatives will be present at the following winter meetings of the various Flyway Councils: DATE: March 21, 1993 -Atlantic Flyway Council, 8:30 a.m. -Mississippi Flyway Council, 8:30 a.m. -Central Flyway Council, 8:00 a.m. -Pacific Flyway Council, 8:30 a.m. -National Waterfowl Council, 3:30 p.m. The Council meetings will be held at the Omni Shoreham Hotel, 2500 Calvert Street NW., Washington, DC 20008. NEPA Consideration NEPA considerations are covered by the programmatic document, "Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88- 14)", filed with the Environmental Protection Agency on June 9, 1988. Notice of Availability was published in the Federal Register on June 16, 1988 (53 FR 22582). The Service's Record of Decision was published on August 18, 1988 (53 FR 31341). Endangered Species Act Consideration Prior to issuance of the 1993-94 migratory game bird hunting' regulations, consideration will be given to provisions of the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531-1543; hereinafter the Act) to ensure that hunting is not likely to jeopardize the continued existence of any species designated as endangered or threatened or modify or destroy its critical habitat and is consistent with conservation programs for those species. Consultations under section 7 of this Act may cause changes to be made to proposals in this and future supplemental proposed rulemaking documents. Regulatory Flexibility Act; Executive Orders (E.O.) 12291, 12612, 12630, and 12778; and the Paperwork Reduction Act A Determination of Effects concluded that the hunting frameworks being proposed for 1993-94 were "major" rules, subject to regulatory analysis. In accordance with Office of Management and Budget instructions, a Final Regulatory Impact Analysis (FRIA) was prepared in 1990. This analysis was updated for 1993. The 1993 FRIA update included waterfowl hunter and harvest information from the 1991-92 season. The summary of the 1993 update follows: "New information which can be compared to that appearing in the 1990 Final Regulatory Impact Analysis (FRIA) includes estimates of the 1991 fall flight of ducks from surveyed areas, and hunter activity and harvest information from the 1991-92 hunting season. The total 1991 fall flight of ducks.(+7%) and the fall flights in each flyway were predicted to be only slightly better from those of 1990. Because the status of ducks has not yet fully recovered from the drought of the 1980's, hunting regulations were developed that maintained the reduced hunting opportunity established in the 1988-89 season. Hunter numbers decreased by 5%, but waterfowl hunters spent an average of 6% more days hunting, resulting in no change for the total number of hunting days. Many nonregulatory factors influence hunter participatioh. There was no change in the total duck harvest between the 1990- 91 and the 1991-92 seasons." Copies of the updated FRIA are available upon request from the Office of Migratory Bird Management. The address is indicated under the caption ADDRESSES. These regulations have been determined to be major under Executive Order 12291 and they have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). It has been determined that these rules will not involve the taking of any constitutionally protected property rights, under Executive Order 12630, and will not have any significant federalism effects, under Executive Order 12612. The Department of the Interior has certified to the Office of Management and Budget that these proposed regulations meet the applicable standards provided in sections 2(a) and 2(b)(2) of Executive Order 12778. These determinations are detailed in the aforementioned documents which are available upon request from the Office of Migratory Bird Management, U.S. Fish and Wildlife Service, room 634-Arlington Square, Department of the Interior, Washington, DC 20240. These regulations contain no information collections subject to Office of Management and Budget review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Service plans to issue its Memorandum of Law for the migratory game bird hunting regulations at the time the first of these rules is finalized.#
Attachment 1, passage 46619010 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules Authorship The primary authors of this proposed rule are William 0. Vogel and Robert J. Blohm. Office of Migratory Bird Management, (703) 358-1838. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. The rules that eventually will be promulgated for the 1993-94 hunting season are authorized under the Migratory Bird Treaty Act (July 3, 1918). as amended, (16 U.S.C. 703-711); the Fish and Wildlife Improvement Act (November 8, 1978), as amended, (16 U.S.C. 712); and the Fish and Wildlife Act of 1956 (August 8, 1956), as amerided, (16 U.S.C. 742 a-d and e-j). Dated: March 10, 1993. Bruce.Blmnchard, Acting Director. Proposed 1993-1994 Mlgro y Game Bird Hunting Regulations (Prellininary) Pending current information on populations, harvest, and habitat conditions, and receipt of recommendations from the four Flyway Councils; specific framework proposals (including opening and closing dates, seasons lengths, and bag limits) may be deferred. Unless otherwise specified, no change from the final. 1992-93 frameworks of August 21 and September 22, 1992, (57 FR 38202 and 43856) is proposed. Specific preliminary proposals that vary from the 1992-93 frameworks and issues requiring early discussion or action are contained below: 1. Ducks. E. Bag Limits. High Plains Extra Drake Mallard. Although no change is proposed at this time, the Service reiterates that the additional drake mallard allowed in the High Plains Mallard Management Unit in 1992 is contingent upon the Central Flyway Council completing the requested review of the High Plains Mallard Management Unit in time for use during the 1993-94 regulations- development cycle. The Service believes that this report will provide an opportunity to cooperatively examine the recent biological information necessary to assess historical intra- flyway bag-limit differences for drake mallards. F. Zones and Splits. Temporary Zone in the Southern San Joaquin Valley of California. A temporary exception to duck-zoning criteria was allowed in 1991 in the southern San Joaquin Valley of California. This exception was granted based on severe drought conditions that prevailed in this area. In 1992, this temporary exception was allowed to continue for the 1992-93 season only. This zone will not be continued during the 1993-94 season. G. Special Seasons/Species Management. i. Canvasback Management. The Service has recently reviewed the basis for canvasback management prescribed in the 1983 environmental assessment on hunting regulations for canvasbacks. As a result of that review, the Service proposes the following 3- part plan of action as an interim harvest strategy for canvasbacks: 1. Canvasbacks should be managed as a single, continental population, because data currently available are insufficient to clearly delineate separate populations. 2. Estimates of population size, production, habitat abundance, and survival should be used annually to predict the level of allowable harvest. 3. A conservative and adaptive strategy should be used initially to maintain the total harvest below the predicted allowable harvest, because of limited information regarding how season lengths and bag limits affect hunter participation and magnitude of the harvest. Information derived from this interim harvest strategy would be used to develop a long-term harvest strategy for canvasbacks. The Service requests that the Flyway Councils assist in developing and refining this interim strategy; specifically, we must identify the objective methods that will be used to determine a goal for the size of the breeding population, the annual allowable harvest, and the allocation of the harvest among countries and flyways, and the harvest management tools most appropriate to achieve harvest goals. ii. September Teal Seasons. Consistent with the strategy for the use of shooting hours developed by the Service in 1990, shooting hours will begin at sunrise unless States can demonstrate that the impact of presunrise shooting hours on nontarget duck species is negligible. States will be allowed to continue presunrise shooting hours during their September seasons under the condition that they conduct studies or provide information that demonstrate a negligible impact on nontarget duck species during the one- half hour prior to sunrise. iii. September Wood Duck/Teal Seasons. A cooperative Wood Duck Initiative undertaken by the Service and the Atlantic and Mississippi Flyway Councils in 1991 is designed to improve banding programs and evaluate techniques for obtaining estimates of breeding population size and production. The Service does not propose to discontinue or expand September wood duck seasons at least until the first phase of this initiative has been completed. The Service has published a strategy concerning shooting hours (September 21, 1990, Federal Register, 55 FR 33843) which states that during species-specific duck seasons shooting hours will begin at sunrise unless States can demonstrate that the impact of presunrise shooting hours on nontarget duck species is negligible. However, the Service has no information from Kentucky or Tennessee regarding the effect of presunrise shooting hours on nontarget duck species during seasons directed at both teal and wood ducks. Kentucky and Tennessee will be allowed to continue presunrise shooting hours during their September seasons under the condition that they conduct studies or provide information that demonstrates a negligible impact on nontarget duck species durin$ the one- half hour prior to sunrise. iv. Mottled Ducks. Although no specific change Is proposed at this time, the Service is concerned that harvest strategies for mottled ducks inhabiting the Gulf Coast differ among Flyways. Because of the species' limited numbers and distribution, the Service believes that it would be appropriate for the three affected Flyway Councils to cooperatively develop a strategy to address harvest and other management issues. The Service looks forward to working with the Flyway Councils to develop such a strategy prior to the 1994 regulations-development cycle. 2. Sea Ducks. The Service remains concerned about the status of sea ducks and the potential impact that increased hunting activity could have on these species. Additional data and a management plan are needed to guide future management efforts for these species. In 1992, the Service asked that the Flyway Councils make substantial progress to address these concerns prior to the 1993-94 regulations-development cycle. The Service requests that the Atlantic and Pacific Flyway Councils review the#
Attachment 1, passage 467Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules 19011 status of sea ducks before recommending frameworks for 1993-94 hunting seasons. Without more- complete information on population status and harvest, the Service may be forced to restrict these special seasons. 4. Canada Geese. Although no change is proposed for the 1993-94 season, concerns have been raised regarding the administrative procedures necessary to open seasons prior to October 1 or the Saturday nearest October 1 using the late-season regulations-development cycle. The Service herein proposes to limit season dates handled during the late-season regulations-development cycle to the period after October 1 or the Saturday nearest October 1. The administrative process for setting hunting seasons does not permit the setting of seasons that open prior to the Saturday nearest October 1 during the late-season regulations-development cycle. Seasons that open earlier must be established during the early-season regulations- development cycle in June, at which time annual status information for most Canada goose populations is not yet available. The Service is concerned about setting seasons in the absence of current status information. Because of this, requests for regular Canada goose seasons that open earlier than the Saturday nearest October 1 must include full justification of the need for the early opening, which will be weighed against the risk of establishing seasons prior to the time status information is available. The Service does not propose to implement these procedures until the 1994-95 hunting season in order to allow those States desiring early-season dates for Canada goose seasons sufficient time to prepare their proposals and to provide an opportunity for Flyway Council review. In the September 26, 1991, Federal Register (at 56 FR 49112), The Service stated that possession limits which exceed twice the daily bag limit should be limited to quota zones where tags are used. The Service recognized that the Canada goose possession limits for the Southern Illinois Quota Zone and the Rend Lake Quota Zone did not conform with this policy because tags are not utlilized in these zones. The Service further recognized that a change in the frameworks for Illinois was necessary. However, in 1992, the frameworks continued to provide for the larger possession limit in those portions of Illinois. The Service herein proposes that, beginning in 1993, all possession limits, including those for Illinois, will conform with the Service policy. 8. Tundra Swans. Although no specific change is proposed at this time, the Service believes that it is appropriate to reassess and examine the cooperative management plan approved in 1982, including the sport hunt plan amended in 1988, for the Eastern Population of Tundra Swans. The Service acknowledges that the Central Flyway Council has contacted the Mississippi and Atlantic Flyways and expressed an interest in the establishment of a Tundra Swan Ad Hoc Committee to initiate the revision process. The Service supports this effort, and recommends that this committee be composed of representatives from all four flyways, the Canadian Wildlife Service, and the U.S. Fish and Wildlife Service. The Service believes that initial efforts of this committee should be directed at updating the cooperative management plan, including recognition of the need for research on harvest, survival rates, and other population parameters. Additional efforts could then be focused on efforts to update the sport hunt plan, which could be incorporated into the revised cooperative management plan for this population of tundra swans. 10. Coots. The Service is proposing to establish frameworks for coots in the Pacific Flyway that are consistent with those established in other flyways. Available data do not suggest that coots should be managed at a level other than as a single, continental population. The season frameworks for coots in the Pacific Flyway would be changed to correspond with the frameworks offered to the other 3 flyways. States may select seasons that are concurrent with the regular duck season, with daily bag limits not to exceed 15 coots. 11. Moorhens and Gallinules. The Service is proposing to establish frameworks for common moorhens in the Pacific Flyway that are consistent with those established in other flyways. Available data do not suggest that moorhens should be managed at a level other than as a single, continental population. The season frameworks for moorhens in the Pacific Flyway would be changed to be the same as the frameworks offered to the other 3 flyways. States may select seasons of not more than 70 days between September I and January 20 and may split their seasons into two segments. Daily bag limits may not exceed 15 common moorhens and purple gallinules, singly or in the aggregate. 15. Band-tailed Pigeons. The Service remains concerned about the long-term decline of the Coastal Population of band-tailed pigeons (in Washington, Oregon, Nevada, and California) and will carefully evaluate all population and harvest data by June 15 to determine whether a hunting- season closure is warranted. In addition, the status of the Interior Population of band-tailed pigeons (in Utah, Colorado, Arizona, and New Mexico) is not well understood. Efforts to gather more information on this population are under way. In 1992, the Service required that all States having band- tailed pigeon hunting seasons conduct, some type of harvest survey and provide the information to the Service by June 1. It is anticipated, if the season is permitted, that this requirement in 1993 will include the provision that each State require band-tailed pigeon hunters to obtain mandatory State permits (or participate in the nationwide Migratory Bird Harvest Information Program) to provide a sampling frame for obtaining more precise estimates of band-tailed pigeon harvest. Furthermore, all population status information will be required for Service review by June 1. BILUNG CODE 4310-55-##
Attachment 1, passage 46819012 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules' 1993 SCHEDULE OF REGULATIONS MEETINGS AND FEDERAL REGISTER PUBLICATIONS I'ERUIARY 25 - E RVICE REGULkTIONS COMMITTEE MEETING ON BASIC. EARLY- AN. LATE-SEASON REGULATIONS EARLY AND LATE BASIC TRIBAL REGULATIONS SEASONS _ _ • I_ n M TITLE 50 CODE OF FEDERAL I I NO PROPOSED 'CHANGES. SEE REGULATIONS. OCTOBER I, 1992 MARCH S - PROPOSED RULEMAKING. WITH PUBLIC COMMENT PERIODS ENDING JUILY 22 FOR EARLY-SEASON FRAMEWORKS & SEPTEMBER 1 FOR LATE-SEASON FRAMEWORKS I I MARCH 13 - NOTICE OF INTENT. REQUEST FOR TRIBAL PROPOSALS AND COMMENTS WITH PUBUC COMMENT PERIOD ENDING JUNE 5 I MAY 10 - SUPPLEMENTAL PROPOSED RULEMAKING EARLY SEASONS LATE SEASONS JULY 16 - PROPOSED RULE FOR 1 EARLY LATE SEASON HUNTING I REGULATIONS ON I CERTAIN FEDERAL INDIAN RESERVATIONS AND CEDED LANDS WITH PUBUC COMMENT PERIOD ENDING AUGUST2 I _ SAUGUST, 20 -FINAL RULEMAKING I AMENDING TITLE 50 FOR EARLY SEASONS ON CERTAIN REGULATIONS COMMITTEE E JUNE 22 A 23 - SERVICE MEETING (PRE-PUBLIU HEARING) I AND CEDED LANDS I i JUNE 24 - PUBUC HEARING ON PROPOSED EARLY SEASON FRAMEWORKS SEPTEMBER 21 - FINAL RULEMAKING AMENDING TITLE 50 CFR FOR LATE SEASONS ON CERTAIN FEDERAL INDIAN RESERVATIONS AND CEDED LANDS JULY 12 - SUPPLEMENTAL PROPROSED RULEMAKiNG FOR EARLY SEASONS FRAMEWORKS PUBLISHED IN THE FEDERAL REGISTER WITH PUBUC COMMENT PERIOD ENDING JULY 20 E AUGUST 16 - FINAL EARLY SEASONS FRAMEWORKS PUBUSHED IN THE FEDERAL REGISTER • II I AUGUST 24 - FINAL RULEMAKING AMENDING TITLE SO CFR FOR EARL SEASONS PUBUISHED IN THE FEDERAL REGISTER I AUGUST 3 A 4 - SERVICE REGULATIONS COMMITTEE MEETING (PRE-PUBUC HEARING) AUGUST 5 - PUBLIC HEARING ON PROPOSED WATERFOWL REGULATIONS L AUGUST 19 -SUPPLEMENTiLI P PR0POSEDRULEMAKG FINOR I LATE SEASONS FRAMEWORKS PUBUSHED IN THE FEDERAL REGISTER. WITH PUBUC COMMENT PERIOD ENDING AUGUST 26 SEPTEMBER 20 - FINAL LATE SEASON FRAMEWORKS PUBLISHED IN THE FEDERAL REGISTER RULEMAKING AMENDING TITLE S0 CFR FOR LATE SEASONS PUBLISHED IN THE FEDERAL REGISTER DATES SHOWN RELATIVE TO PUBUCATION OF FEDERAL REGISTER DOCUMENTS ARE TARGET DATES [IFR Doc. 93-8334 Fled 4-8-93; 8:45 am) BILING COOE 431I0-0-C#
Attachment 1, passage 469B Friday April 9, 1993 ii- 1w- 'i- = i Part VI U - i I - w 2 1 x L A * U Department of Agriculture Agricultural Marketing Service 7 CFR Part 110 Recordkeeping Requirements for Certified Applicators of Federally Restricted Use Pesticides; Final Rule =#
Attachment 1, passage 47019014 904dleral Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 110 [CS-91-O071 RIN 0581-AA39 Recordkeeping Requirements for Certified Applicators of Federally Restricted Use Pesticides AGENCY: Agricultural Marketing Service (AMS), USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service, United States Department of Agriculture, is amending its regulations by adding new requirements for recordkeeping by certified applicators of federally restricted use pesticides. The regulations have been developed for the purpose of implementing section 1491 of the Food, Agriculture, Conservation, and Trade Act of 1990 (FACT Act), which requires such recordkeeping. The records are needed to develop and maintain a comprehensive data base to provide accurate Federal restricted use pesticide data, which can be utilized by State and Federal agencies and for annual reporting to Congress by the U.S. Department of Agriculture and the Environmental Protection Agency on the use of agricultural and nonagricultural federally restricted use pesticides. The proposed regulations include provision for protecting the identity of individual producers in such surveys and reports and do not include any requirement for reporting by certified applicators. EFFECTIVE DATE: May 10, 1993. FOR FURTHER INFORMATION CONTACT: Bonnie Poll, Chief, Pesticide Records Branch, Science Division, AMS, 8700 Centreville Road, suite 200, Manassas, VA 22110, 703-330-7826. SUPPLEMENTARY INFORMATION: Executive Order 12291 and Regulatory Flexibility Act The United States Department of Agriculture (USDA) has determined that this regulation is not a major rule under Executive Order 12291. It will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies or geographic regions; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign- based enterprises in export or domestic markets. This regulation has also been reviewed under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.). The Administrator of the Agricultural Marketing Service has determined that the maximum number of small entities affected by this rule will be less than 1.3 million certified pesticide applicators (980,000 private and 300,000 commercial applicators). The economic impact on certified private applicators will, however, amount to no more than $0.70 per application of federally restricted use pesticides (RUP's) based on the amount of time necessary to complete a record. It has been estimated that the time required to complete a record will be less than 5 minutes per application. This regulation also requires commercial applicators, approximately 300,000, to provide a copy of the RUP application record to their clients. Commercial applicators currently must complete RUP records under State or Federal regulations, therefore, no cost would be incurred for production of the RUP record. However, commercial applicators would incur the cost to duplicate a record, which is estimated to be $0.08 per record. Most commercial applicators bill on a monthly or more frequent basis, and it is assumed a copy of the record would be provided at the time of billing. If a commercial applicator does not include a copy of the record with the monthly statement, the cost would also include postage and an envelope. The cost to commercial applicators will vary considerably depending on the number of customers and the number of RUP applications. It is estimated that on an average, a commercial applicator would be required to duplicate approximately 616 records per year at a cost of $0.08 per copy or $49 per year. Therefore, this regulation will not have a significant economic impact on either the private or commercial applicators affected by this rule or any other small entity. Executive Order 12778 This regulation has been reviewed under Executive Order 12778, Civil Justice Reform. This regulation (1) will not preempt any State or local laws, regulations, or policies, unless they conflict with this rule; (2) will not have any retroactive effect; and (3) will not require administrative proceedings before parties may file suit challenging the provisions of this rule. Background As part of the Food, Agriculture, Conservation, and Trade Act of 1990, (Pub. L. 101-624; 7 U.S.C. 136i-1), hereinafter referred to as the FACT Act, Congress mandated the establishment, by the Secretary of Agriculture (USDA) in consultation with the Administrator of the Environmental Protection Agency (EPA), of requirements for recordkeeping by all certified applicators of federally restricted use pesticides. A certified applicator is an individual who is certified by EPA or a State under cooperative agreement with EPA to use or supervise the use of restricted use pesticides. Applicator certification programs are administered by EPA, other Federal Agencies, and States. A restricted use pesticide, as distinguished from a general use pesticide, is one that has been classified as such under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, at 7 U.S.C. 136a(d)(1)(C)). EPA regulations issued under FIFRA, further provide that restricted use pesticides may be applied only by, or under the supervision of, a certified applicator. Applicator certification requirements are provided in the EPA regulations (40 CFR part 171). A certified applicator may be a commercial applicator or a private applicator. A private applicator is one who uses or supervises the use of any restricted use pesticide for purposes of producing any agricultural commodity: (1) On property that is owned or rented by the applicator, or the employer of the applicator; or (2) if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. A commercial applicator is one who uses or supervises the use of a restricted use pesticide for any purpose or on any property other than as provided under the definition of a private applicator. Some private applicators may be commercial applicators in some situations, and vice versa. Under regulations implementing FIFRA, EPA approves State programs for certification of applicators and administers such certification programs in States or on Indian lands not having approved certification programs. State certification programs approved by EPA for private and commercial applicators are operated in every State except Colorado and Nebraska. In Colorado, EPA certifies private applicators, with commercial applicators certified by the Colorado Department of Agriculture. In Nebraska, EPA certifies both#
Attachment 1, passage 471Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 19015 commercial and private applicators.. EPA has also approved four Federal agency plans to certify their employees as applicators of restricted use pesticides: USDA, the Department of Defense, the Department of Energy, and the Department of the Interior. EPA has also approved the Shoshone-Bannock Tribes certification program, and is assisting other Indian tribes in the development of certification programs. Currently, under rules promulgated by EPA or the States, commercial applicators are required to keep records of restricted use pesticide applications. Section 11 of FIFRA explicitly prohibits EPA from requiring, through regulations, private applicators to maintain records. Current and proposed EPA rules on recordkeeping do not apply to private applicators. However, State3 may, on their own authority, require private applicator recordkeeping. Summary of Final Rule The FACT Act obligates the Secretary of Agriculture, in consultation with the Administrator of EPA, to require certified applicators to maintain certain records regarding use of restricted use pesticides. The Secretary of Agriculture and the Administrator of EPA are required under section 1491(f) of the FACT Act to survey the records and develop and maintain a comprehensive data base to provide accurate pesticide use data. Pesticides play a major role in successfully producing abundant agricultural commodities for numerous consumer goods such as food, clothing, plastics, ethanol, etc. With increased awareness of pesticide safety, the public has become very concerned about the adverse effects of pesticides on food, worker safety and the environment. However, some of these concerns are based on misinformation or insufficient information. One benefit derived from pesticide recordkeeping will be the availability of factual data that will help to reduce consumer anxieties about food safety and environmental concerns. This information may help reinforce the image of the farmer as the steward of the environment. In addition, there are many direct benefits to the agricultural industry in keeping and maintaining accurate pesticide use records. Through good recordkeeping, the farmer can keep track of which treatments do or do not work and experiment with different application rates, products, techniques, and growing conditions which will enable the grower to more effectively and efficiently monitor pesticide use. This can ultimately increase farm profits through better pesticide use planning. Pesticide recordkeeping is one of the major tools of Integrated Pest Management (IPM). 1PM involves pest monitoring, and the selection, integration, and implementation of various control tactics based on thresholds derived from economic, ecological and social impacts. By selecting the most efficient combination of control tactics, the quantity of chemicals used can be reduced. In order to accomplish this, pesticide recordkeeping is required as a critical factor in evaluating the effectiveness of spraying programs. Another benefit of recordkeeping involves reregistration of pesticides by the chemical manufacturers. Currently, it is not cost effective for some chemical companies to produce the type of data base necessary for re-registering certain minor use pesticides by the EPA, due to the small market for such pesticides. Information from such records could assist the Environmental Protection Agency's evaluations of these pesticides and help in the process to preserve registrations for minor use pesticides. In the case of medical treatment, the ability to provide information on the use of restricted use pesticides is another important benefit of maintaining records, which benefits both agriculture producers and workers. Provisions and Comments to the Proposed Regulation In response to the notice of proposed rulemaking published in the Federal Register on May 12, 1992, with the comment period ending on August 10, 1992, the Department received 143 comments totaling 458 pages. The Department carefully reviewed and analyzed all of the comments. This final rule reflects changes deemed appropriate and based on the comments. The following is a summary of the comments received and the USDA response to those comments. Comments Supporting the Recordkeeping Requirements Numerous comments were received in support of the proposed pesticide recordkeeping requirements. Several comments indicated the benefits of recordkeeping, such as the more efficient tracking of expenditures for better fiscal management of farm operations and providing planning resources for next season's crops based on past records. One comment expressed strong support for the recordkeeping requirements because "* * * some years ago I rented land and the owners wanted it sowed * * * the land was loaded with a pesticide that killed the oats I had planted, had to replant to corn because nobody knew what was going on." Another comment stated that " * * there is a real national need for improved application techniques and better record keeping of the insecticides, herbicides and other chemical products farmers depend upon for efficient, economical agricultural production." Numerous comments expressed a major reason for keeping good pesticide use records concerns lawsuits alleging liabilityas the result of pesticide use. Other comments were received indicating that farmers already use less than the rate allowed on the pesticide label. A benefit from the pesticide usage survey developed from the records required by this regulations will be statistical data on actual pesticide use that could support this claim. Comments Opposing the Regulations Numerous comments opposed the overall pesticide recordkeeping regulation. Some comments expressed concern that the benefits to society would not outweigh the stress and costs to the farmer. They stated that the farmer is concerned about pesticide safety and the environment, that the regulations would provide no benefit, and that the records would not help ease environmental concerns. Many restated this with the comment that farmers "* * * are not enemies of the environment * * *." Others indicated that the time spent on recordkeeping would reduce their available production time during the heavy spring farm work load and would only add frustration from filling in forms. USDA recognizes the many concerns certified applicators may have regarding the legislation. However, pesticide recordkeeping legislation can be utilized as a means to document the belief that farmers use less pesticides than the label allows. This belief cannot be documented without complete and accurate records on pesticide usage. This evidence could also assist the EPA in evaluating pesticides and preserving registrations for minor use pesticides. USDA is obligated by law to establish ,regulations implementing the pesticide recordkeeping requirements established in the 1990 FACT Act. The many comments received during this rulemaking procedure, both for and against the proposed regulations, have proved invaluable in drafting a final rule which accomplishes the intent of Congress with the least amount of burden.#
Attachment 1, passage 47219016 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993./ Rules and Regulations Comments on Section 110.1, Scope Marketing Service (AMS) to those States This section sets forth the certified commercial applicator record requirements for recordkeeping on requirements or to this Federal rule, will restricted use pesticides by all certified continue to maintain records as required applicators, both private and by their State law. Certified private commercial. Some comments expressed applicators in States having no concern over the overlap between USDA requirement for recordkeeping of and EPA in the implementation of the restricted use pesticides, must comply proposed rule. The FACT Act obligates with the Federal regulations as set out in this rule. the Secretary of Agriculture, in consultation with the Administrator of Comments on Section 110.2, Definitions EPA, to require all certified applicators Definitions are included (at 7 CFR to maintain records on restricted use 110.2) to clarify many of the terms and pesticides. EPA, in accordance with the words used in these regulations. A statutory provisions of FIFRA, also number of those definitions, such as requires commercial certified those for "certified applicator," "private applicators to maintain records of RUP applicator," and "commercial applications. As a result, this regulation applicator," are substantially similar to does overlap some of the requirements the definitions in FIFRA. A "restricted imposed by EPA on commercial use pesticide" under FIFRA is a certified applicators of restricted use pesticide which has been classified as pesticides. In order to avoid duplication such in accordance with the criteria in of regulatory effort and promote 7 U.S.C. 136a(d)(1)(c). This regulation efficiency of the Federal Government, shall be applied to the application of the Department intends to enter into a these pesticides; it does not apply to the Memorandum of Understanding (MOU) application of other pesticides, such as with EPA to define their respective general use pesticides or State restricted responsibilities concerning the use pesticides. recordkoeping rules. The concern Other definitions, such as those for regarding overlap between USDA and "comparable," "supervise," EPA is absent regarding private "certification number," and "EPA applicators since EPA is explicitly registration number," are meant to be prohibited under section 11 of FIFRA similar to existing EPA or State from requiring them to maintain regulations. The definitions for records, as some of the comments "authorized representative," "record," indicated. In addition, EPA has "recordkeeping," and "State lead indicated that it may revise its agency," are intended to clarify terms requirements for commercial applicators used in these regulations. Finally, the under FIFRA, including those required definitions for "respondent," "parties," in State plans, to more closely reflect "person," "presiding officer," and the requirements in this rulemaking "complainant" are provided to clarify document. This will assure closer certain terms used in the rules of alignment of the recordkeeping practice (7 CFR 110.8) provided for in requirements imposed under FIFRA and the FACT Act. these regulations. Several comments were received Although the scope of this final requesting that the definition of regulation covers both commercial and "complainant" be expanded to include private applicators, the responsibilities "any health professional whose request of the applicators differ. Several for pesticide records or label comments questioned whether information was denied and the applicators of non-agricultural patient(s) on whose behalf such a applications for commercial categories request was made." However, the such as structural, wood treatment, and statute does not provide for citizen experimental uses, are required to keep suits, and the Federal law allows for records under this Act. All commercial actions on civil penalties to be applicators, whether agricultural or non- discharged only through USDA or a agricultural, will continue to maintain cooperating State agency. Therefore the records under FIFRA or State definition will not be changed. regulations and shall, within 30 days of However, USDA would encourage that a restricted use pesticide application, information concerning the inability to provide a copy of those records or a obtain restricted use pesticide copy of records maintained under this information for medical treatment be rule to the person for whom the provided to USDA or the appropriate restricted use pesticide was applied. cooperating State agency. Comments Certified private applicators, who are were received pointing out the need to currently keeping records under State clarify the term "parties" as referenced regulations which are deemed in section 110.8, Rules of Practice, in comparable by the Agricultural the proposed regulations. USDA recognizes there could be some misunderstanding as to use of the term "parties" and, therefore, has added a definition for "parties." The term includes officials of USDA or State agencies who institute proceedings, and the person(s) against whom such proceedings are instituted, under § 110.8 of this rule. USDA has also added a definition for "medical emergency," which is used in the regulation to provide guidelines on the time frame in which a holder of records must provide the record information to licensed health care professionals. The statute clearly describes two standards, "promptly" and "immediately," for providing access to record information to licensed health care professionals. Several comments were received which pointed out that USDA had failed to make a distinction in these two time frames in the proposed regulations. USDA recognized this oversight, and has changed the regulations to reflect the intent of the statute. A "medical emergency" is defined as "injuries or illnesses which require immediate medical attention to prevent life-threatening or disabling conditions." Comments on Section 110.3, Records, Retention and Access to Records Records. Several comments expressed the need to clarify what constitutes a record. A record shall be the legible recording of all required elements under § 110.3(a) (1)-(6) for the application of a restricted use pesticide. Records can be handwritten on individual notes or forms, consist of invoices, be computerized, and/or be maintained in recordkeeping books. Any format is appropriate as long as all the required elements are legible and recorded appropriately. Keep Regulation Simple. Several comments requested that the regulations be kept user friendly and that a format be adopted that is easy to use. One comment stated that USDA should try to .* * make this procedure as practical and as painless as possible." USDA is aware of the need to provide certified applicators the flexibility to develop a format suitable to their current management scheme, and therefore, has not mandated the use of a Federal form for the recordkeeping procedure. USDA will be working with the Cooperative Extension Service, farm organizations, State agencies, and others to assist private applicators with suggested formats and methods to record the information easily and accurately. One suggestion was that the private applicator retain invoices from the purchase of the restricted use pesticide#
Attachment 1, passage 473Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 19017 and mark the field to which the pesticide was applied. The commentor felt that information would be all that's needed to answer 90 percent of the questions. An invoice could be an acceptable rec&d provided it furnishes all the required elements set out in § 110.3(a) (1)-(6). However, USDA does not believe most retail invoices will provide all the required information, and additional information would need to be added to an invoice to make it a complete record. Required Data Elements. In response to comments concerning the number of data elements required in the proposed regulations, USDA, honing in on the essential elements for valid reporting of RUP use, deleted or changed some data elements. Additionally, one commentor felt the Department was limited to requiring the four elements as outlined in the FACT Act, that is, product name, amount, approximate date of application, and location of the application. USDA interprets the statute as requiring all applicators in a State to maintain records comparable to commercial applicator records in the State. In drafting the proposed rule, USDA conducted a study of the commercial applicator requirements in the States. USDA is satisfied that the data elements required in the rule are consistent and comparable to commercial applicator record requirements nationally. USDA does not believe the data elements required in these regulations fall outside of the intent or authority of the statute. The following is a review and explanation of the proposed data elements in § 110.3(a) (1H6). The proposed regulation, § 110.3(a) (M-0), specified the content or data elements of the records to be kept. These elements included, for each record: (1) The brand or product name, formulation, and the EPA registration number of the restricted use pesticide that was applied. Many comments were received concerning the use of all three elements: Brand or product name, EPA registration number and formulation, and correctly identifying the RUP. Some commentors stated that the brand or product name sufficiently identified the pesticide, and could, therefore, stand alone. Numerous commentors wanted to delete the EPA registration number to avoid searching for it on the label and eliminate duplication of effort for the applicator. After careful review, USDA has determined that the brand or product name and the EPA registration number are necessary data elements. These data elements will increase the accuracy of the data, and increase the value of the data base as they will provide the capability to cross-reference information. Comments concerning "formulation" raised questions about the prominence of formulation statements on the label and questioned the need to require it as a data element. One commentor summarized the majority of the comments with the statement, "Formulation statements on the label are not consistently placed near the brand name and the meaning of formulation abbreviations are not always clear." After careful consideration USDA agrees and has dropped the requirement for "formulation" as a data element. (2) The total amount and the rate of application of the restricted use pesticide applied. A few commentors expressed the belief that both the total amount and the application rate of the restricted use pesticide were not necessary, along with the recording of total area treated, since one of these entries could be calculated from the other two. Other commentors indicated that"' * * [application] rates used will, in our experience, lead to misleading information. Without information regarding the type of application, brand, broadcast, spot treatment, tree size, weed growth, etc., the rate offers little information about the amount used per surface area which we believe to be the number you want." After reviewing these and similar comments, USDA has removed "application rate" as a required data element. Therefore, the total amount of restricted use pesticide applied and the total area treated by the application will be required. Several commentors sought clarification as to what was to be recorded for "amount." USDA requires the following to be recorded: The total amount of the restricted use -pesticide applied, with the total amount referring to the total quantity of product used, with each restricted use pesticide listed separately. Amount does not refer to percent of active ingredient nor does it include the quantity of water or other substance used as a carrying, agent. The pesticide label should be the reference point used when recording the amount applied. The amount should be recorded in quantities similar to label language. For example, if the label states that the pesticide is to be measured as pints, ounces or pounds, then the amount should be recorded in that measurement. (3) The address or location of the application, the size of area treated, the target pest, and the crop, commodity, or stored product or site to which a restricted use pesticide was applied. Location of Treatment Area. Comments were received indicating the specific location of an application needs to be recorded and not the address of the farm. One comment indicated "Many fields located on the-same farm will have the same address." The comments emphasized the misunderstanding or confusion concerning "address or location of the application." It is USDA's intent to collect information concerning the actual location of the treated area, not the address of the applicator, farm or business. USDA has decided to simplify the recordkeeping process and eliminate possible confusion concerning "location" and "address" of the application, by deleting the word "address" from the rule, leaving the entry requirement as "location." The statute clearly states that the records should contain the specific location of the application. Many comments expressed ideas on how to record the "location" of application and a need to provide flexibility in the 'recording methods to reflect different areas of the country. The western area of the country commonly utilizes county, range, township and section as a method to identify specific field locations. However, in the northeastern area of the country, locations are recorded in a completely different manner. After reviewing these comments, USDA has decided to provide several options for recording "location." These options include: (1) County, range, township, and section; (2) an identification system utilizing maps and or written descriptions which accurately identify location; (3) an identification system established by a USDA agency such as the Agricultural Stabilization Conservation Service (ASCS) or the Soil Conservation Service (SCS), which utilizes maps and a numbering system to identify field locations; and (4) the legal property description. Size of Area Treated. Reporting "size of area treated" and how it should be recorded was of concern to some commentors. "Size of area treated" relates to a unit of measure such as acre, linear feet, bushel, cubic feet, square feet, number of animals, etc., which is normally expressed on the pesticide label in reference to the application being made. For the special applications such as alternate middles (commonly used in orchards or groves), weed wicks or band applications, the "size of area treated" should be recorded as the total area covered. For example, if an 80-acre grove is treated using an alternate middle approach, the entire 80 acres#
Attachment 1, passage 47419018 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations would be recorded as the "size of the commodity, stored product or site" to area treated." which the restricted use pesticide is Target Pest. Comments from several applied. This type of data can be State agencies that require certified utilized in risk/benefit analyses work applicators to keep pesticide records and for other issues such as food safety indicated that "target pest" information and environmental impacts. has not proven to be useful due to the (4) The month, day, and year, on varied ways applicators record the which the restricted use pesticide information. This comment reflects the application occurred. concern for useful data: "Although we Numerous comments were received currently require this information [target indicating the date is essential to the pest] * * * we have not used the recordkeeping requirement. USDA is in information and are proposing to drop agreement, and will maintain the the requirement." After reviewing the requirement in the final rule. comments, USDA has determined that Other comments stated that requiring this requirement would not produce month, day and year was too specific, relevant, consistent and accurate data. referring to the statute wording of Therefore, USDA is eliminating "target "approximate date" which would be pest" as a required data element. more appropriate. However, the FACT Crop, Commodity, Stored Product. Act also requires the pesticide record be The majority of the comments received kept for 2 years from the date of the concerning the requirement for "crop, restricted use pesticide application. In commodity, or stored product" order to enforce the 2-year retention information were supportive of this period, the exact date of the restricted requirement. Some comments expressed use pesticide application must be that simply reporting "crop" or recorded. "commodity" should be sufficient. The Other comments were received stating regulation covers all restricted use the requirement for month, day, and pesticide applications, therefore, USDA year as not specific enough, and USDA feels that "crop, commodity, or stored should require an exact time of product" are essential to provide the application for the purpose of medical necessary flexibility to the certified treatment. USDA believes requiring an applicator to record this information exact time of application would not be correctly. In addition, USDA has added consistent with the statute, and "site" to the data elements. This will therefore, will not require exact time of address comments which expressed application. concern as to how livestock treatments (5) The name, address, and should be reported, and also the need to certification number (if applicable) of report in general terms, such as the certified applicator who applied or "nursery stock," and "shade trees." who supervised the application of the Although one comment suggested that restricted use pesticide. the use of "site" should be utilized in Several comments expressed place of "crop, commodity, or stored confusion between "address" pertaining product," USDA believes the to the certified applicator and regulations will be more workable for "location" pertaining to the treated area. applicators through the addition of the These comments prompted USDA to term "site." The final regulation reads, contact a sample of the State pesticide "The location of the application, size of regulatory agencies concerning how area treated and the crop, commodity, information is maintained on certified stored product or site to which i applicators. As a result of information restricted use pesticide was applied." gathered, USDA believes certified One comment referred to the label as the applicators' addresses can be obtained guidance document for recording this through these agencies and accurate information. USDA agrees with this data collection can be accomplished comment and suggests that the certified without requiring "address" of the applicator use the label information certified applicators. Therefore, USDA when recording "crop, commodity, will require only the name and stored product or site" to which the certification number (if applicable) of restricted use pesticide was applied. the applicator, and has eliminated the One comment was received requirement for "address" of the concerning USDA expansion of the data applicator. One comment indicated that elements to require "crop, commodity, or stored product" and questioned the -* * * applicators name, address, and need for this information for theI certification number would need to be purpose of collecting statistical data. entered only once in a permanent record USDA interprets the intent of the statute book." USDA concurs with this to provide accurate restricted use statement, as long as this information is pesticide use data. One key component clearly associated with each record, of accurateuse data Is the "crop, therefore, the name of the applicator and certification number need only be recorded once. Recording Spot Applications. Several comments were received concerning the method for which spot agplications for noxious weeds were to be recorded. The statute clearly mandates that all restricted use pesticide applications be recorded, however, USDA does not believe significant data can be acquired from an occasional spot application made to noxious weeds or a small segment of fence row, for example. Therefore, an additional § 110.3(a)(6) has been added to accommodate this type of spot application. USDA considers a spot application to be a treatment directed at specific plants or areas (rather than a general application) which consists of an application of a restricted use pesticide in a total area less than one-tenth ({io) of an acre. Section 110.3(a)(6) provides for some flexibility in the items to be recorded in the case of a spot application, by only requiring that the brand or product name, EPA registration number, total amount applied, date of application and for location designated as "spot application" be recorded as a record. This is only applicable to application of restricted use pesticides made in the same day. Section 110.3(a)(6) does not apply to greenhouse and nursery operations. Since the greenhouse and nursery industries conduct most pesticide applications as general applications over small areas, USDA believes allowing them to follow 1/10th acre rule for recording the use of federally restricted use pesticides fRUPs) would eliminate the recording of essential elements of the majority of pesticide applications made in these industries. USDA believes these industries use RUPs regularly, and complete and accurate application records are needed. In addition, the concentration of RUP applications in confined and restricted areas for greenhouse and nursery production presents a special need for complete recording of all the essential data elements. Therefore, in order to have an accurate and complete information base on the total use of federally restricted use pesticide, greenhouse and nursery operations are excluded from § 110.3(a)(6) and are required to complete the application records of federally restricted use pesticides under § 110.3(a) (1)-(5). Comments on Additional Elements for Section 110.3((a) (1)-(6) A number of comments suggested that additional data elements such as climate factors, exact hour of application or method of application should be#
Attachment 1, passage 475Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 1 19019 I recorded. In reviewing the requirements of the individual States for commercial applicators and determining the essential data elements required to fulfill the intent of the FACT Act, the additional elements were determined not to be comparable to most commercial applicator requirements or to be beyond the intent of the FACT Act. Recording Information in a Timely Manner. Many comments were received concerning the requirement that the recording of the data on the application of a restricted use pesticide be done in a "timely manner." The comments indicated that "timely manner" is too vague and unenforceable. Some comments wanted to require that "timely manner" be changed to 24 hours. After reviewing the comments, USDA has determined a time period must be specified to record the restricted use pesticide application. Since under certain circumstances the FACT Act requires certified applicators to promptly provide record and • available label information to health care professionals upon request, it is important that the information be recorded as soon after the application as possible. Section 110.3(b) will require that the information be recorded within 30 days of the restricted use pesticide application. Record Retention Period. Many comments were received requesting that the retention period for the pesticide records be maintained at 2 years. One comment suggested a longer retention period of 3 years or longer. Another comment suggested long term monitoring of pesticide use with a 30- year retention period. The 1990 FACT Act states that the records would be retained for a 2-year period, therefore, the final rule will remain consistent with the 2-year retention period. Access to Records. Several comments were received regarding access to RUP records. Some comments wanted to increase and others to decrease the accessibility of the records. The law specifically states that: "Records maintained under subsection (a) shall be made available to any Federal or State agency that deals with pesticide use or any health or environmental issue related to the use of pesticides, on the request of such agency. Each such Federal Agency shall conduct surveys * * *, but in no case may a government agency release data, including the location from which the data was derived, that would directly or indirectly reveal the identity of individual producers. In the case of Federal agencies, such access to records shall be through the Secretary of Agriculture, or the Secretary's designee. State agency requests for access to records shall be through the lead State agency so designated by the State." Access to pesticide data by government agencies will be provided for in two ways. First, the National Agricultural Statistics Service (NASS) of USDA will conduct voluntary pesticide use surveys for acquiring federally restricted pesticide use data. Second, both USDA and State lead agencies will conduct compliance inspections. Several commentors felt that inspections should be made only if there is just cause to look at records and that the inspections should be made at reasonable times. USDA is aware of the agricultural production cycle, and recognizes peak periods in production when there are intense labor demands. It is our intent to make the inspections during reasonable time periods and with a minimum of stress to the certified applicator. Federal or State employees working under a cooperative agreement with*AMS would identify themselves and show proper credentials before requesting access to records. Several comments also suggested that a warrant be obtained before records should be made accessible for inspection. The statute provides for access to records upon the request of an appropriate Federal or State agency, and does not contemplate the use of warrants. The purpose of compliance inspections is to review applicator records to determine compliance/ noncompliance. During compliance inspections, the inspector may review and/or copy the restricted pesticide use record(s). However, the original restricted use pesticide records will remain with the record holder. Commercial Applicator's 30-Day Time Period for Providing Records. One comment raised a concern that the 30- day time period for a commercial applicator to provide a copy of the application record to the person for whom such application was provided was too short. The request was to increase the 30-day time period stated in the proposed regulations to a 60-day time period. The comment noted that the primary workload for commercial applicators is during the peak of the growing season and that during that season, a 4-week period would be insufficient to do the paperwork. The statute specifically states that, * * * within 30 days of a pesticide application, a commercial certified applicator shall provide a copy of records maintained under paragraph (1) to the person for whom such application was provided." USDA is aware of the industry's concern over the lack of time during the commercial applicator's "busy season." However, USDA is mandated by statute to adhere to the 30- day time period. There were several comments questioning who actually should receive the copy of the record provided by a commercial applicator in the case of a tenant or lessee. The comments expressed concern that the absentee landowner would receive the copy. The statute states the copy should be provided to the person for whom such application was provided. USDA is interpreting this to mean the copy should be provided to the person who contacts the commercial applicator to apply the restricted use pesticide. Comments on Section 110.4, Demonstration'of Compliance Comments were received concerning recordkeeping compliance and what would constitute a violation. Compliance means that all the required elements shall be recorded within 30 days of application in a legible manner, that commercial applicators provide copies of'the records within the allotted time, and that access to records he permitted. Comments of Section 110.5, Availability of Records To Facilitate Medical Treatment Several comments were submitted pointing out the proposed regulations had failed to address the need to provide record information "immediately" in the case of a medical emergency. USDA agrees that the proposed regulations did fail to make a distinction in gaining access to information in a "prompt" manner versus "immediately." The FACT Act states that '. * * upon request persons required to maintain records under subsection (a) shall promptly provide records and available label information to that health professional. In case of an emergency, such record information shall be provided immediately." In order to make a distinction between "promptly" and "immediately," USDA believes it is necessary to provide guidance on what constitutes a medical emergency requiring record information to be provided immediately. Therefore, USDA has added a definition for "medical emergency" in § 110.2, Definitions. Several comments were provided questioning the use of the definition "licensed health care professional" in the proposed regulations, pointing out that the FACT Act had used the term "health care professional." The comments pointed out that many migrant clinics are staffed by trained, but not necessarily licensed, health care professionals and that the proposed#
Attachment 1, passage 47619020 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations limitations would hinder access to record information for medical treatment. It is not the intent of USDA to hinder information for the purpose of medical treatment, however, because it is our understanding that only licensed health care professionals are qualified to treat patients beyond giving first aid, there is no reason for others to receive this information. Additionally, USDA's limitation of access only to licensed health care professionals sets a criteria for record holders to identify legitimate requests for information for medical treatment or first aid. USDA recognizes the actual request for the record information may be made by staff working in a migrant clinic, however, the request should be made on behalf of a licensed health care professional. Trained staff may be able to recognize signs and symptoms of pesticide poisoning, however, a licensed health care professional must administer medical treatment or supervise such treatment. USDA does not believe the requirement that a licensed health care professional be responsible for requesting, or instructing a staff member to request, the record information limits medical treatment to individuals who may have been exposed to a restricted use pesticide. Numerous comments were received concerning the pr oosed regulations limiting the release of record information obtained by licensed health care professionals. The statute states that the information is to be used for medical treatment or first aid. USDA does not intend to limit the use of the information as it pertains to medical treatment or first a;d for an individual who may have been exposed to the restricted use pesticide. Information may be shared by the licensed health care professional as long as it pertains to medical treatment or first aid to the individual. However, the information should be treated with the same confidentiality accorded all medical records and information maintained by the licensed health care professionals on Individual patients. Other comments expressed concern that the proposed regulations did not provide enough guidance on what constituted an individual's exposure to a restricted use pesticide. USDA believes the regulations provide adequate guidance, and therefore, will not add additional guidance to what warrants exposure to a restricted use pesticide. Comments on Section 110.6, Federal Cooperation With States Comments were received concerning the States' involvement in surveying RUP records and enforcing the regulations. The 1990 FACT Act contemplates cooperative efforts between USDA and State lead agencies. The Department will enter into cooperative agreements with States l3ursuant to the Talmadge-Aiken Act of 1962 (7 U.S.C. 450). These cooperative agreements would be for the purpose of utilizing employees and facilities of the State in administering and enforcing the pesticide recordkeeping statute and rule. The cooperative agreement would not include tasks involved with surveying the pesticide records. USDA's National Agricultural Statistics Service (NASS) will conduct the survey. NASS may request cooperation from the State lead agencies in planning its survey, but NASS personnel and interviewers employed by NASS through a cooperative agreement will conduct the survey. Participation in the survey by producers or private applicators will be voluntary. Therefore, the enforcement and surveying of the restricted use pesticide records will be two separate events. A comment was received concerning § 110.6(b)(3) which requires State personnel to meet qualification standards established by USDA if entering into a cooperative agreement with USDA. The comment reflected on the fact that State personnel had been conducting pesticide enforcement, recordkeeping and related enforcement agreements for years with EPA. In response, USDA acknowledges that the States have qualified personnel to conduct this program. This is one reason USDA suggested cooperative agreements with State pesticide regulatory agencies. USDA would recognize existing qualifications of State agency personnel and would specify this in the cooperative agreement. Comments on Section 110.7, Penalties Many comments question the harshness of the civil penalties authorized for violations of the regulations. In addition, several comments stated that the penalties were inconsistent with section 14 of FIFRA which provides pesticide misapplication penalties for private applicators of only a warning for the first offense and then not more than $1000 for subsequent violations. Their concern was that under the USDA proposal, a person could knowingly misuse pesticides and receive a written warning from EPA, while another person could follow all label instructions but inadvertently forget to keep the required records and be fined up to $500. The FACT Act explicitly sets forth penalties for violations of its provisions: "A violation of such subsection shall: (1) In the case of the first offense, be subject to a fine not more than $500; and (2) in the case of subsequent offenses, be subject to a fine of not less than $1,000 for each violation, except that the penalty shall be less than $1,000 if the Secretary determines that the person made a good faith effort to comply with such subsection. Therefore, USDA is mandated by law to follow the required penalties established by the FACT Act. Several of the comments questioned the apparent emphasis on the penalties, noting the large amount of text dedicated to the rules of practice. They stated that more than two-thirds of the proposed pesticide recordkeeping regulation contains text on the rules of practice. The rules of practice are fairly standard for any administrative proceeding, and need to be detailed for clarity and to reduce possible confusion if violations do occur. A number of comments pointed out the failure of the proposed regulations to provide for penalties against health care professionals or record holders other than certified applicators that violate the law. USDA has carefully reviewed this issue and has determined that the statute provides authority under 7 U.S.C. 136i-1(d) to impose penalties only on certified applicators. Comments on Section 110.8, Rules of Practice One comment raised a concern that the time period to respond to a notice of violation was too short. The request was for an increase to a 60-day time period from the 30 days stated in the proposed regulations. The comment noted that the time period in which a notice of violation may be issued is the peak workload season for many in the agricultural industry. The additional time would allow for adequate preparation for a response to the notice of violation. USDA will adhere to the 30-day time period for responding to a notice of violationas stated in the , proposed regulations, as this is deemed a standard response time, and is consistent with other AMS enforcement procedures. Several comments were received stating the procedure "should allow for the subpoena of witnesses by respondents." USDA is aware of the concern regarding the lack of subpoena authority, however, the power to issue a subpoena must be provided through statute. The FACT Act did not provide the authorization to issue a subpoena either by the agency or a respondent. However, as in the case of other administrative proceedings conducted#
Attachment 1, passage 477Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 19021 by USDA, subpoena authority is not his or her designee) to utilize employees farm worker organizations and related essential in providing due process, and facilities of any State in carrying out industries to distribute and provide including opportunity for a fair hearing. Federal regulatory, marketing, information and educationalimaterials One comment pointed out that "Each inspection and other functions. AMS on the regulation and the pesticide regulatory hearing has a separate has extensive experience in regulatory recordkeeping program. hearing officer. According to these programs and cooperative agreements proposed rules, an individual request to Compliance with State agencies through its many the Administrator for approval of this regulatory programs. AMS will begin negotiations on person is necessary. This is too cooperative agreements with State complex." USDA agrees the rules of Implementation of Pesticide pesticide lead agencies to implement practice are complex, however, these are Recordkeeping Program the compliance programs for the standard procedures for AMS which are The effective date for the pesticide pesticide recordkeeping regulations utilized by AMS in many of its recordkeeping regulation is 30 days after early in the implementation process. programs. The Administrator does have publication of this final rule. USDA will Developing the cooperative agreements the authority to designate a presiding implement the final rule in three facets: will allow the use of existing State officer by delegation. For those States education and awareness: compliance; inspection systems to conduct that wish to enter into a cooperative and restricted use pesticide data compliance inspections. If a State elects agreement with AMS and assist in surveys. USDA intends to emphasize not to enter into a cooperative administering and enforcing the education and awareness of the new agreement for the implementation of the regulations, the Administrator could regulations throughout the compliance program, AMS will designate in writing an individual from implementation process with a strong establish a Federal program in that the State lead agency to preside at a focus on educational programs for State. It is the hope of USDA that proceeding conducted pursuant to certified applicators, State lead cooperative programs can be established § 110.8 of this regulation. agencies, State Extension agencies, and in an effort to achieve the most efficient Adequate Funding other interested groups. implementation method. Early in the implementation period, Numerous comments were made Survey USDA will begin negotiations on questioning the insufficient amount of cooperative agreements with State The 1990 FACT Act requires that RUP funds appropriated to implement pesticide lead agencies for the application records be surveyed to section 1491 of the FACT Act. The enforcement of the regulations. These develop a pesticide use data base and an comments were concerned with the cooperative agreements will allow for annual report to Congress on the usage accuracy of the data collected and the the inspection of records through State of restricted use pesticides. The data effectiveness of the program. Existing agencies already in place to reduce will assist in the development of funds will be used to develop a national duplicative efforts and increase agricultural and pesticide related model for educational programming and to assist the States in administering and efficiency. Pesticide use data surveys will be policies. The survey of record information will be conducted on a enforcing the program. To reduce costs, conducted jointly by USDA and EPA. voluntary basis. The survey will be of States will be encouraged to conduct Participation in the surveys by certified the recorded information and not of the compliance inspections on a statistically applicators or producers will be on a identities of the applicators, nor the correct representative sample of voluntary basis. collection of the records themselves. certified private applicators to be USDA-AMS believes that USDA and EPA will enter into a randomly selected. With EPA and the implementing the final pesticide Memorandum of Understanding (MOU) National Agricultural Statistics Service recordkeeping regulations through to delineate the appropriate tasks for of USDA, conducting the federally education, compliance and national each agency in conducting the survey of restricted pesticide usage surveys on pesticide use surveys, will fulfill the certified applicators. EPA will be existing resources, the amount and pesticide recordkeeping mandate set out responsible for surveying the non- quality of data collected in the surveys in the 1990 FACT Act in the most agricultural commercial applicators. will not be affected to any great degree. efficient and appropriate method. USDA's National Agricultural Statistics Other Comments Service (NASS) will be responsible for Education surveying the record information for Comments were received requesting USDA-AMS will be working with the agricultural use of restricted use the rationale for locating the pesticide Extension Service to produce and recordkeepin 8 program within AMS. distribute educational materials on the pesticides. NASS has the responsibility to The comments indicated the benefits of recordkeeping and the develop and maintain a comprehensive Agricultural Stabilization and requirements of the final pesticide pesticide data base under the 1989 Conservation Service (ASCS) might be recordkeeping regulations. The Water Quality and Food Safety better suited to manage the program. educational materials will be developed Initiative, and will combine its surveys The Agricultural Marketing Service in a variety of formats, such as videos, under the pesticide recordkeeping (AMS) was designated by the Secretary slide programs, and printed brochures. regulations to reduce respondent burden as the lead agency in implementing and The materials will be tailored to specific and minimize the use of resources. The administering section 1491 of the FACT audiences, such as certified applicators, survey will be conducted on a sample Act. One of the major objectives of this trainers, state inspectors, and basis in the form of personal interviews. program is to enter into a Federal-State organizations. In order to develop a more cooperative program to implement and In addition, programs to inform and comprehensive pesticide use data base, carry out the mandates of the train Extension and State Department of NASS will ask applicators to provide recordkeeping program. AMS has the Agriculture agents on the final both general and restricted use pesticide authority to establish cooperative regulations will be conducted. USDA- data. The results of the survey will be programs through the Talmadge-Aiken AMS will continue to work with published, usuall 6 months after the Act, which authorizes the Secretary (or agricultural organizations, associations, collection of the data, and will include#
Attachment 1, passage 47819022 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations amount of active ingredient by commodity, by State, number of applications, and acres treated. List of Subjects in 7 CFR Part 110 Pesticide and pests, Reporting and recordkeeping requirements. Therefore, 7 CFR is amended by adding part 110, to read as follows: PART 110--RECORDKEEPING ON RESTRICTED USE PESTICIDES BY CERTIFIED APPUCATORS; SURVEYS AND REPORTS Comparable. With respect to the application of a federally restricted use records required to be kept under this pesticide.1 part, similar to those required under Recordkeeping. The recording by the EPA-approved State certification certified applicator, or the agent of the programs. certified applicator, of the information Complainant. The Administrator or required by § 110.3(a) (1) through (6) of an official of a cooperating State that this part concerning each restricted use deals with pesticide use or health or pesticide application, either environmental issues related to the electronically or manually in writing, pesticide use, who institutes a and the maintenance of such records in proceeding pursuant to § 110.8 of this a manner accessible to authorized part. representatives. EPA. The United States Respondent. The party proceeded Environmental Protection Agency. against pursuant to § 110.8 of this part, EPA registration number. The number restricted use pesticide. A pesticide that Sec. 110.1 Sccne. assigned to a product registered with is federally classified for restricted use EPA in accordance with sections 3 or under section 3(d)(1)(c) of the Federal 110.2 Lef.,iitons. 110.3 Rocurds, retention, and acccss to 24c of the Federal Insecticide, Insecticide, Fungicide, and Rodenticide recoi ds. Fungicide, and Rodenticide Act and Act. 110.4 Demonstration of compliance. implementing regulations, and borne on Secretary. The Secretary of 113.5 Avai;Fbi!Tty of records to facilitate the lhbel of the product. Agriculture, United States Department medical treatment. Indian governing body. The governing of Agriculture, or any individual to 110.6 Feder!l cooperation with States. body of any tribe, band, or group of whom the Secretary delegates authority 11 0.7 Penalties. Indians subject to the jurisdiction of the to act in his or her behalf. 110.8 Rules of practice. United States and recognized by the State. A State of the United States, the 110.9 Miscellaneous. United States as possessing power of District of Columbia, the Authority: 7 U.S.C. 136a(d)(1)(c); 7 U.S.C. self-government. Commonwealth of Puerto Rico, the 136i-1; 7 U.S.C. 450; 7 CFR 2.17, 2.50. Licensed health care professional. A Virgin Islands, Guam, American Samoa, §10.1 Scope. physician, nurse, emergency medical the Northern Mariana Islands, and any This part sets forth the requirements technician, or other qualified other territory or possession of the fcr recordkeeping on restricted use inidividual, licensed by a State to United States, or an Indian governing posticides by all certified applicatois, piovide medical treatment. both private applicators ard commercial Medical Emergency. A medical body. State lead agency. The agency epplicators. emergency shall be defined as injuries designated by a State to have access to or illnesses which require immediate the records required to be maintained § 110.2 Definitions. medical attention to prevent life- As used in this pait, the following threatening or disabling conditions. under this part. Supervise. To provide instruction and terms shall be construed, respectively, . Parties. Includes the Administrator or guidance in the application of restricted to mean: cooperating State agencies who institute use pesticides and exercise control over Administrator. The Administrator of proceedings against whom such an applicator of restricted use pesticides the Agricultural Marketing Service, proceedings are instituted, under in accordance with standards prescribed United States Department of § 110.8 of this part. by the EPA in 40 CFR part 171. Agriculture, or any individual to whom Person. Any individual, corporation, §110.3 Records, retention, and access to the Administrator delegates authority to company, association, firm, partnership, records. act in his or her behalf. society, or other legal entity. Authorized representative. Any Presiding officer. Any individual (a) Certified applicators of restricted person who is authorized to act on designated in writing by the use pesticides shall maintain records of behalf of the Secretary or a State lead Administrator to preside at a proceeding the application of restricted use agency for the purpose of surveying conducted pursuant to § 110.8 of this pesticides. These records shall include records required to be kept under this part. the following information for each part and enforcing this part. Private applicator. A certified Certification number. A number applicator who uses or supervises the application: I1) The brand or product name, and issued by EPA or a State to an use of any restricted use pesticide for the EPA registration number of the individual who is authorized by EPA or purposes of producing any agricultural restricted use pesticide that was 'the State to use or supervise the use of any restricted use pesticide. commodity: (1) On property owned or rented by app lied. (2) The total amount of the restricted Certified applicator. Any individual the applicator or the employer of the use pesticide applied.- who is certified by EPA or the State to applicator; or (3)The location of the application, the use or supervise the use of any (2) If applied without compensation, size of area treated, and the crop, restricted use pesticide covered by that other than trading of personal services commodity, stored product, or site to individual's certification. between producers of agricultural which a restricted use pesticide was Commercial applicator. A certified commodities, on the property of another applied. The location of the application may be recorded using any of the applicator, whether or not the individual is a private applicator with person. Record. The legible recording of all following designations: respect to some uses, who uses or required elements under section (i) County, range, township, and section; supervises the use of any restricted use 110.3(a) (1) through (6) for the pesticide for any purpose on any property other than as provided by the definition of private applicator. Records can be handwritten on individual notes or forms, consist of invoices, be computerized, and or be maintained in recordkeeping books.#
Attachment 1, passage 479Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 19023 (ii) An identification system utilizing maps and/or written descriptions which accurately identify location; (iii) An identification system established by a USDA agency such as the Agricultural Stabilization Conservation Service or the Soil Conservation Service, which utilizes maps and numbering system to identify field locations; and (iv) The legal property description. (4) The month, day, and year on which the restricted use pesticide application occurred. (5) The name and certification number (if applicable) of the certified applicator who applied or who supervised the application of the restricted use pesticide. (6) Applications of restricted use pesticides made on the same day in a total area of less than one-tenth (Vio) of an acre require the following elements be recorded: (i) Brand or product name and EPA registration number; (ii) Total amount applied; (iii) Location must be designated as "spot application"; and (iv) The date of application. This provision does not apply to records maintained for greenhouse and nursery applications, which are required to include all data elements listed in S 110.3(a) (1) through (5). (b) The information required in this section shall be recorded within 30 days following the pesticide application. (c) The records required in this section shall be retained for a period of 2 years from the date of the restricted use pesticide application and be maintained in a manner that is accessible by authorized representatives. (d) A commercial applicator shall, within 30 days of a restricted use pesticide application, provide a copy of records required under this section or under State or Federal regulations (whichever is applicable) under which the commercial applicator is holding certification, to the person for whom the restricted use pesticide was applied. (e) A certified applicator shall, upon oral request and presentation of credentials by an authorized representative, make available to the authorized representative the records required to be maintained under this section and permit the authorized representative to copy any of the records. The original of the records required to be maintained under this section shall be retained by the certified pesticide applicators. (0 No Federal or State agency shall release information obtained under this part that would directly or indirectly reveal the identity of producers of commodities to which restricted use pesticides have been applied. (g) Certified applicators who apply restricted use pesticides in States where they are required to maintain records on applications of restricted use pesticides, comparable to those for commercial applicators in that State, and such records are maintained in accordance with State requirements, are not subject to paragraphs (a), (b), and (c) of this section. 1110.4 Demonstration of compliance. The Secretary is authorized to inspect and copy any record required to be maintained by this part in order to determine whether a certified applicator is complying with this part. 1110.5 Availabilty of records to facilitate medical treatmeni (a) When a licensed health care professional determines that any record of the application of restricted use pesticide required to be maintained under § 110.3 of this part is necessary to provide medical treatment or first aid to an individual who may have been exposed to the restricted use pesticide for which the record is maintained, the certified applicator required to maintain the record shall provide the record information and any available label information promptly to the licensed health care professional. If it is determined by a licensed health care professional to be a medical emergency, the record information of the restricted use pesticide relating to the medical emergency shall be provided immediately. (b) No licensed health care professional shall release any record or information from the record obtained under paragraph (a) of this section except as necessary to provide medical treatment or first aid to an individual who may have been exposed to the restricted use pesticide for which the record is maintained. §110.6 Federal cooperation with States. (a) For the purpose of carrying out this part, the Administrator may enter into agreements with States. Mb) The Administrator may, after entering a State-Federal cooperative agreement with a State, utilize employees and facilities of the State to carry out any provisions of this part in that State. This State-Federal cooperative agreement shall specify: (1 The agency of the State that is designated as the State lead agency; (21 The responsibilities of State agencies for the enforcement of this part and the imposition of penalties under this part; (3) The qualifications required of the State employees administering and enforcing this part; (4) That the State-Federal cooperative agreement may be terminated at any time by the mutual agreement of the parties to the agreement; (5) That the State-Federal cooperative agreement may be terminated by either party by giving written notice to the other party at least 90 days before a specified date of termination; and (6) The provisions for liaison between the State and the Administrator concerning the administration and enforcement of this part as may be agreed by the Administrator and the State. (c) If at any time the Administrator shall determine that the State lead agency or other State agencies charged with carrying out the terms of the State- Federal cooperative agreement are unable or unwilling to carry out the terms of the agreement, or, if for any reason the Administrator or State shall determine that the agreement is no longer in effect, the Administrator shall administer and enforce this part in the State. (d) If a State shall notify the Administrator of its readiness to enter into a State-Federal cooperative agreement prior to passage of State legislation and regulations governing recordkeeping by certified applicators of restricted use pesticides, the Administrator may enter into a State- Federal cooperative agreement with the State on an annual basis. (e) For a State to be eligible for Federal technical or financial assistance under a State-Federal cooperative agreement, the State requirements for recordkeeping by all certified applicators of restricted use pesticides must be comparable to the recordkeeping requirements under this part. §110.7 Penaltes. Section 1491(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 provides that the Secretary shall be responsible for enforcement of section 1491 (a), (b), and (c) of the Food, Agriculture, Conservation, and Trade Act of 1990, Therefore, as provided in section 1491(d) of the Food, Agriculture, Conservation, and Trade Act of 1990, any certified applicator who violates the requirements of 7 U.S.C. 136i-1 (a), (b), or (c) shall be liable for a civil penalty of not more than $500 in the case of the first offense, and of not less than $1000 in the case of each subsequent offense, except that the penalty shall be less than $1000 for a second offense if the Administrator determines that the#
Attachment 1, passage 48019024 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations certified applicator made a good faith effort to comply with this part. §110.8 Rules of practice. (a) Notice of violation. If there is reason to believe that a person has violated or is violating any provision of this part, the complainant may file with the Presiding Officer a notice of violation signed by the complainant. The notice of violation shall state: (1) The date of issuance of the notice of violation; (2) The nature of the proceeding; (3) The identification of the complainant and respondent; (4) The legal authority under which the proceeding is instituted; (5) The allegations of fact and provisions of law which constitute the basis for the proceeding; (6) The amount of the proposed civil penalty; and (7) The name, mailing address, and telephone number of the Presiding Officer. (b) Answer. Within 30 days after the service of the notice of violation, the respondent shall file with the Presiding Officer an answer signed by the respondent or by the attorney of record in the proceeding. The answer shall: (1) Admit, deny, or explain each of the allegations in the notice of violation and set forth any defense asserted by the respondent; or (2) State that the respondent admits all the facts alleged in the notice of violation; or (3) State that the respondent admits the jurisdictional allegations in the notice of violation and neither admits nor denies the remaining allegations and consents to the issuance of an order without further procedure. (c) Default. Failure to file an answer within 30 days after service of the notice of violation shall be deemed, for purposes of the proceeding, an admission of the allegations in the notice of violation, and failure to deny or otherwise respond to an allegation in the notice of violation shall be deemed, for purposes of the proceeding, an admission of the allegation, unless the complainant and respondent have agreed to a consent decision pursuant to paragraph (e) of this section. (d) Amendment of notice of violation or answer. At any time prior to the filing of a motion for a hearing, the notice of violation or answer may be amended with the consent of the complainant and respondent or as authorized by the Presiding Officer upon a showing of good cause. (e) Consent decision. At any time before the Presiding Officer files the decision, the complainant and respondent may agree to the entry of a conference. Reasonable notice of the consent decision. The agreement shall time and place of the conference shall be in the form of a decision signed by be given. The Presiding Officer may the complainant and respondent with order the complainant or respondent to appropriate space for signature by the furnish at or subsequent to the Presiding Officer, and shall contain an conference any or all of the following: admission of at least the jurisdictional (i) An outline of the case or defense; facts, consent to the issuance of the (ii) The legal theories upon which the agreed decision without further party will rely; procedure, and such other admissions (iii) A list of documents which the or statements as may be agreed to by the party anticipates introducing at the complainant and respondent. The hearing; and Presiding Officer shall enter such (iv) A list of anticipated witnesses decision without further procedure, who will testify on behalf of the party. unless an error is apparent on the face At the discretion of the party furnishing of the document. The consent decision such list of witnesses, the names of the shall have the same force and effect as witnesses need not be furnished if they a decision issued after a full hearing, are otherwise identified in some shall become final upon Issuance, and meaningful way such as a short shall become effective in accordance statement of the type of evidence they with the terms of the decision. will offer. (f) Procedure upon failure to file an (2) The Presiding Officer shall not answer or admission of facts. The order a party to furnish the information failure to file an answer with the or documents listed in paragraph (g)(1) Presiding Officer, or the admission by (i) through (iv) of this section if the the answer of all the material allegations party can show that providing the of fact contained in the notice of particular information or document is violation, shall constitute a waiver of inappropriate or unwarranted under the hearing. Upon such admission or failure circumstances of the particular case. to submit an answer, complainant shall (3) At the conference, the following file with the Presiding Officer a matters may be considered: pioposed decision, along with a motion (i) The simplification of issues for the adoption of the proposed (ii) The necessity of amendments to decision both of which shall be served the notice of violation or answer; upon the respondent by the Presiding (iii) The possibility of obtaining Officer. Within 20 days after service of stipulations of facts and of the the motion and proposed decision, the authenticity, accuracy, and respondent may file with the Presiding admissibility of documents, which will Officer objections to the motion and avoid unnecessary proof; proposed decision. If the Presiding (iv) The limitation of the number of Officer finds that meritorious objections expert or other witnesses; have been filed, complainant's motion Jv) Negotiation, compromise, or shall be denied with supporting reasons. settlement of issues; If meritorious objections are not filed, (vi) The exchange of copies of the Presiding Officer shall issue a proposed exhibits; decision without further procedure or (vii) The identification of documents hearing. Copies of the decision or denial or matters of which official notice may of complainant's motion shall be served by the Presiding Officer upon the be requested; (viii) A schedule to be followed by the respondent and the complainant and parties for completion of the actions may be appealed pursuant to paragraph decided at the conference; and (1) of this section. Where the decision as (ix) Such other matters as may proposed by complainant is entered, expedite and aid in the disposition of such decision shall become final and the proceeding. effective without further proceedings 35 (4) A conference will not be days after the date of service of the stenographically reported unless so decision upon the respondent, unless directed by the Presiding Officer. there is an appeal to the Administrator (5) In the event the Presiding Officer by the complainant or respondent, concludes that personal attendance by pursuant to paragraph (1) of this section. the Presiding Officer and the parties or (g) Conferences. (1) Upon motion of counsel at a conference is unwarranted the complainant or respondent, the or impractical, but determines that a Presiding Officer may direct the conference would expedite the complainant and respondent or their proceeding, the Presiding Officer may counsel to attend a conference at any conduct the conference by telephone or reasonable time, prior to or during the correspondence. course of the hearing, when the (6) Actions taken as a result of a Presiding Officer finds that the conference shall be reduced to a written proceeding would be expedited by a appropriate order, unless the Presiding#
Attachment 1, passage 481Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations 19025 Officer concludes that a stenographic report shall suffice, or, the Presiding Officer elects to make a statement on the record at the hearing summarizing the* actions taken. (h) Procedure for hearing. (1) Request for hearing. The complainant or respondent may request a hearing on the facts by including such a request in the notice of violation or answer, or by a separate request, in writing, filed with the Presiding Officer within the time in which an answer may be filed. Failure to request a hearing within the time allowed for the filing of the answer shall constitute a waiver of a hearing. In the event the respondent denies any material fact and fails to file a timely request for a hearing, the matter may be set down for hearing on motion of the complainant filed with the Presiding Officer or upon the Presiding Officer's own motion. (2) Time and place. If any material issue of fact is joined by the pleading, the Presiding Officer, upon motion of any of the parties stating that the matter is at issue and is ready for hearing, shall set a time and place for hearing as soon as feasible with due regard for the public interest and the convenience and necessity of the parties. The Presiding Officer shall issue a notice stating the time and place of hearing. If any change in the time or place of the hearing is made, the Presiding Officer shall issue a notice of this change, which notice shall be served upon the complainant and respondent, unless it is made during the course of an oral hearing and made a part of the transcript, or actual notice is given to the parties. (3) Appearances. The parties may appear in person or by attorney of record in the proceeding. Any individual who appears as an attorney must conform to the standard of ethical conduct required of practitioners before the courts of the United States. (4) Debarment of attorney. Whenever a Presiding Officer finds that an individual acting as attorney for any party to the proceeding is guilty of unethical or contumacious conduct, in or in connection with a proceeding, the Presiding Officer may order that the individual be precluded from further acting as attorney in the proceeding. An appeal to the Administrator may be taken from any such order, but no proceeding shall be delayed or suspended pending disposition of the appeal: Provided, That the Presiding Officer shall suspend the proceeding for a reasonable time for the purpose of enabling the party to obtain another attorney. (5) Failure to appear. A respondent who, after being duly notified, fails to appear at the hearing without good cause, shall be deemed to have waived the right to an oral hearing in the proceeding and to have admitted any facts which may be presented at the hearing. The failure by the respondent to appear at the hearing shall also constitute an admission of all the material allegations of fact contained in the notice of violation. The complainant shall have an election whether to follow the procedure set forth in paragraph (f) of this section or whether to present evidence, in whole or in part, in the form of affidavits, exhibits, or by oral testimony before the Presiding Officer. Failure to appear at a hearing shall not be deemed to be a waiver of the right to be served with a copy of the Presiding Officer's decision and to appeal to the Administrator pursuant to paragraph (1) of this section. (6) Order of proceeding. Except as may be determined otherwise by the Presiding Officer, the complainant shall proceed first at the hearing. (7) Evidence. (i) The testimony of witnesses at a hearing shall be on oath or affirmation and subject to cross- examination. (ii) Upon a finding of good cause, the Presiding Officer may order that any witness be examined separately and apart from all other witnesses except those who are parties to the proceeding. (iii) Evidence which is immaterial, irrelevant, or unduly repetitious, or which is not of the sort upon which responsible persons are accustomed to rely, shall be excluded insofar as practicable. (8) Objections. (i) If a party objects to the admission of any evidence or to the limitation of the scope of any examination or cross-examination or to any other ruling of the Presiding Officer, the party shall state briefly the grounds of such objection, whereupon an automatic exception will follow if the objection is overruled by the Presiding Officer. (ii) Only objections made before the Presiding Officer may subsequently be relied upon in the proceeding. (9) Exhibits. Unless the Presiding Officer finds that the furnishing of copies is impracticable, four copies of each exhibit shall be filed with the Presiding Officer: Provided, That, where there are more than two parties in the proceeding, an additional copy shall be filed for each additional party. A true copy of an exhibit may be substituted for the original. (10) Official records or documents. An official government record or document or entry in such a record or document, if admissible for any purpose, shall be admissible in evidence without the production of the individual who made or prepared the same, and shall be prima facie evidence of the relevant facts stated in the record or document. Such record or document shall be evidenced by an official publication of the record or document or by a copy certified by an individual having legal authority to make such certification. (11) Official notice. Official notice shall be taken of such matters as are judicially noticed by the courts of the United States and of any other matter of technical, scientific, or commercial fact of established character: Provided, That the parties shall be given adequate notice of matters so noticed, and shall be given adequate opportunity to show that such facts are erroneously noticed. (12) Offer of proof. Whenever evidence is excluded by the Presiding Officer, the party offering such evidence may make an offer of proof, which shall be included in the transcript. The offer of proof shall consist of a brief statement describing the evidence excluded. If the" evidence consists of a brief oral statement, the statement shall be included in the transcript in its entirety. If the evidence consists of an exhibit, it shall be marked for identification and inserted in the hearing record. In either event, the evidence shall be considered a part of the transcript and hearing record if the Administrator, upon appeal, decides the Presiding Officer's ruling excluding the evidence was erroneous and prejudicial If the Administrator, upon appeal, decides the Presiding Officer's ruling excluding the evidence was erroneous and prejudicial and that it would be appropriate to have such evidence considered a part of the hearing record, the Administrator may direct that the hearing be reopened to permit the taking of such evidence or for any purpose in connection with the excluded evidence. (13) Transcript. Hearings shall be recorded and transcribed verbatim. (i) Post-hearing procedure.-1) Corrections to transcript. (i) Within the period of time fixed by the Presiding Officer, any party may file a motion proposing corrections to the transcript. (ii) Unless a party files a motion proposing corrections to the transcript in the time fixed by the Presiding Officer, the transcript shall be presumed, except for obvious typographical errors, to be a true, correct, and complete transcript of the testimony given at the hearing and to contain an accurate description or reference to all exhibits received in evidence and made part of the hearing record and shall be deemed to be certified without further action by the Presiding Officer.#
Attachment 1, passage 48219026 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations (iii) As soon as practicable after the close of the hearing and after consideration of any timely objection filed as to the transcript, the Presiding Officer shall issue an order making any corrections to the transcript which the Presiding Officer finds are warranted, which corrections shall be entered on to the original transcript by the Presiding Officer without obscuring the original text. (2) Proposed finding of fact, conclusions, order, and briefs. Prior to the Presiding Officer's decision, each party shall be afforded a reasonable opportunity to submit for consideration proposed findings of fact, conclusions, order, and brief in support of the proposed findings of fact, conclusions and order. A copy of each such document filed by a party shall be served upon each of the other parties. (3) Presiding Officer's decision. (i) The Presiding Officer shall issue a decision within 30 days after the hearing, or, if any party submits proposed findings of fact, conclusions, order, and a brief in support thereof in accordance with paragraph (i)(2) of this section, 30 days after the last such submission. The Presiding Officer's decision shall include the Presiding Officer's findings of the fact, conclusions of law, and the reasons or basis for the findings of fact and conclusions of law. (ii) The Presiding Officer's decision shall become effective without further proceedings 35 days after the date of service of the decision upon the respondent, unless there is an appeal to the Administrator by a party to the proceeding pursuant to paragraph (1) of this section. (j) Motions and requests.-(1) General. All motions and requests shall be filed with the Presiding Officer, and served upon all the parties, except: (i) requests for extensions of time pursuant to paragraph (m)(3) of this section; and (ii) motions and requests made on the record during the oral hearing. The Presiding Officer shall rule upon all motions and requests filed or made prior to the filing of an appeal of the Presiding Officer's decision pursuant to paragraph (1) of this section except motions directly relating to the appeal. Thereafter, the Administrator will rule on any motions and requests, as well as the motions directly relating to the appeal. (2) Motions entertained. (i) Any motion will be entertained other than a motion to dismiss on the pleading. (A motion by the complainant seeking the voluntary dismissal of the notice of' violation may be entertained by the Presiding Officer or the Administrator.) (ii) All motions and requests concerning the notice of violation must be made within the time allowed for filing an answer, except motions by the complainant seeking voluntary dismissal of the notice of violation. (3) Contents. All written motions and requests shall state the particular order, ruling, or action desired and the grounds for the order, ruling, or action desired. (4) Response to motions and requests. Within 10 days after service of any written motion or request, or within a shorter or longer period as may be fixed by the Presiding Officer or the Administrator, an opposing party may file a response to the motion or request. The other party shall have no right to reply to the response; however, the Presiding Officer or the Administrator, in their discretion, may order that a reply be filed. (k) Presiding Officer.-(1) Assignment. No Presiding Officer shall be assigned to serve in any proceeding who: (i) Has any pecuniary interest in any matter or business involved in the proceeding; (ii) Is related within the third degree by blood or marriage to any party to the proceeding; or (iii) Has any conflict of interest which might impair the Presiding Officer's objectivity in the proceeding. (2) Disqualification of Presiding Officer. (i) Any party to the proceeding may, by motion made to the Presiding Officer, request that the Presiding Officer withdraw from the proceeding because of an alleged disqualifying reason. Such motion shall set forth with particularity the grounds of alleged disqualification. The Presiding Officer may then either rule upon or certify the motion to the Administrator, but not both. (ii) A Presiding Officer shall withdraw from any proceeding for any reason deemed by the Presiding Officer to be disqualifying. (3) Powers. The Presiding Officer, in any assigned proceeding, shall have power to: (i) Rule upon motions and requests; (ii) Set the time and place of a conference and the hearing, adjourn the hearing from time to time, and change the time and place of hearing; (iii) Administer oaths and affirmations; (iv) Summon and examine witnesses and receive evidence at the hearing; (v) Admit or exclude evidence; (vi) Hear oral argument on facts or law; (vii) Do all acts and take all measures necessary for maintenance or order, including the exclusion of contumacious counsel or other persons; and (viii) Take all other actions authorized under this section. (1) Appeal to the Administrator.--(1) Filing of petition. Within 30 days after receiving notice of the Presiding Officer's decision, a party who disagrees with the decision, or any part of the Presiding Officer's decision, or any ruling by the Presiding Officer or a party who alleges a deprivation of rights, may appeal the Presiding Officer's decision or rulings to the Administrator by filing an appeal petition with the Administrator. As provided in paragraph (h)(8) of this section, objections regarding evidence or a limitation regarding examination or cross examination or other ruling made before the Presiding Officer may be relied upon in an appeal. The appeal petition shall state the name and address of the person filing the appeal petition. Each issue set forth in the appeal petition, and the arguments on each issue, shall be separately numbered; shall be plainly and concisely stated; and shall contain detailed citations of the record, statutes, regulations, or authorities being relied upon in support of the argument. A brief may be filed in support of the appeal simultaneously with the appeal petition. (2) Response to appeal petition. Within 20 days after the service of a copy of an appeal petition and any brief in support of the appeal petition, filed by a party to the proceeding, any other party may file with the Administrator a response in support of or in opposition to the appeal petition and, in such. response any relevant issue, not presented in the appeal petition, may be raised. (3) Transmittal of record. Whenever an appeal to the Presiding Officer's decision is filed and a response to the appeal has been filed or time for filing a response has expired, the Presiding Officer shall transmit to the Administrator the record of the proceeding. The record shall include: the pleading; motions and requests filed and rulings on such motions and requests; the transcript of the testimony taken at the hearing, together with the exhibits filed in connection with the hearing; any documents or papers filed in connection with a conference; such proposed findings of fact, conclusions, and orders, and briefs in support thereof, as may have been filed in connection with the proceeding; the Presiding Officer's decision; and such exceptions, statements of objections and briefs in support thereof as may have been filed in the proceeding.#
Attachment 1, passage 48319027 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Rules and Regulations (4) Decision of the Administrator on appeal. As soon as practicable after the receipt of the record from the Presiding Officer, the Administrator, upon the basis of and after due consideration of the record and any matter of which official notice is taken, shall rule on the appeal. If the Administrator decides that no change or modification of the Presiding Officer's decision is warranted, the Administrator may adopt the Presiding Officer's decision as the final order in the proceeding, preserving any right of the party bringing the appeal to seek judicial review of such decision in the proper forum. (in) Filing; service; extensions of time; and computation of time.-(1) Filing; number of copies. Except as otherwise provided in this section, all documents or papers required or authorized by this section to be filed with the Presiding Officer or Administrator shall be filed in quadruplicate: Provided, That where there are more than two parties in the proceeding, an additional copy shall be filed for each additional party. (2) Service; proof of service. Copies of all documents or papers required or authorized by this section to be filed with the Presiding Officer or Administrator shall be served upon the parties by the person with whom such documents or papers are filed. Service shall be made either: (i) By delivering a copy of the document or paper to the individual to be served or to a member of the partnership to be served, or to the president, secretary, or other executive officer or any director of the corporation or association to be served, or to the attorney of record representing such person; or (ii) By leaving a copy of the document or paper at the principal office or place of business or residence of such individual, partnership, corporation, organization, or association, or of the attorney of record representing such person and mailing by regular mail another copy to such person at such address; or (iii) By registering or certifying and mailing a copy of the document or paper, addressed to such individual, partnership, corporation, organization, or association, or to the attorney of record representing such person, at the last known residence or principal office or place of business of such person: Provided, That if the registered or certified document or paper is returned undelivered because the addressee refused or failed to accept delivery, the document or paper shall be served by remailing it by regular mail. Proof of service under this paragraph shall be made by the certificate of the person who actually made the service: Provided, That if the service be made by mail, under paragraph (m)(2)(iii) of this section, proof of service shall be made by the return post-office receipt, in the case of registored or certified mail, or by the certificate of the person who mailed the matter by regular mail. Any certificate or post-office receipt returned to the Presiding Officer or Administrator shall be filed by the Presiding Officer or Administrator, and made a part of the record of the proceeding. (3) Extensions of time. The time for the filing of any document or paper required or authorized under this section to be filed may be extended by the Presiding Officer or the Administrator as provided in paragraph (j) of this section, if in the judgment of the Presiding Officer or the Administrator, as the case may be, there is good reason for the extension. In all instances in which time permits, notice of the request for extension of the time shall be given to the other party with opportunity to submit views concerning the request. (4) Effective date of filing. Any document or paper requiredor authorized under this section to be filed shall be deemed to be filed at the time when it reaches the person with whom the document or paper must be filed. (5) Computation of time. Saturdays, Sundays, and holidays shall be included in computing the time allowed for the filing of any document or paper: Provided, That, when such time expires on a Saturday, Sunday, or holiday, such period shall be extended to include the next following business day. (n) Ex parte communications. (1) At no stage of the proceeding between its institution and the issuance of the final decision shall the Presiding Officer or Administrator discuss ex parte the merits of the proceeding with any person who is connected with the proceeding in an advocative or in an investigative capacity, or with any representative of such person: Provided, That the Presiding Officer or Administrator may discuss the merits of the case with such a person if all parties to the proceeding, or their attorneys have been given notice and an opportunity to participate. A memorandum of such discussion shall be included in the record. (2) No interested person shall make or knowingly cause to be made to the Presiding Officer or Administrator an ex parte communication relevant to the merits of the proceeding. (3) If the Presiding Officer of the Administrator receives an ex parte communication in violation of this paragraph (n), the individual who receives the communication shall place in the public record of the proceeding: (i) Any such written communication; (ii) Memoranda stating the substance of such oral communication; and (iii) Any written response, and memoranda stating the substance of any oral response to the ex parte communication. (4) For purposes of this section "ex parte communication" means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or the proceeding. §110.9 Miscellaneous. In accordance with Section 3507 of the Paperwork Reduction Act of 1980 (44 U.S.C. 3507), the recordkeeping provisions in this rule have been approved by the Office of Management and Budget (OMB) and there are no new requirements. The assigned OMB control number is 0581-AA39. Dated: April 6, 1993. Kenneth C. Clayton, Acting Assistant Secretary, Marketing and Inspection Services. [FR Doc. 93-8423 Filed 4-8-93; 8:45 am) BILUNG CODE 3410--P#
Attachment 1, passage 484Friday April 9, 1993 Part VII - Ui Environmental Protection Agency 40 CFR Part 112 Oil Pollution Prevention; Correction; Proposed Rule =I - - - m = - = * U#
Attachment 1, passage 48519030 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 112 [SW H-FRL 4612-71 RIN 2050-AD 30 Oil Pollution Prevention; Non- Transportation-Related Onshore Facilities; Correction AGENCY: U.S. Environmental Protection - Agency (EPA). ACTION: Proposed rule; corrections. SUMMARY: To ensure consistency with the regulatory text, EPA is correcting errors in-the technical appendices to the proposed rule for facility response plans required by the Oil Pollution Act (OPA) of 1990, which appeared in the Federal Register on February 17, 1993. DATES: Comments on the February 17, 1993, proposed rule (58 FR 8824), as corrected by this notice, must be submitted on or before April 19, 1993. FOR FURTHER INFORMATION CONTACT: Bobbie Lively-Diebold, Response Standards and Criteria Branch, Emergency Response Division (5202G), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460 at 703-356-8774; the ERNS/ SPCC Information line at 202-260-2342; or the RCRA/Superfund Hotline at 800- 424-9346 (in the Washington, DC metropolitan area, 703-920-9810). The Telecommunications Device for the Deaf (TDD) Hotline number is 800-553-7672 (in the Washington, DC metropolitan area, 703-486-3323). SUPPLEMENTARY INFORMATION: Background EPA published a proposed rule in the Federal Register on February 17, 1993 (58 FR 8824), that would revise the Oil Pollution Prevention regulation, 40 CFR part 112, originally promulgated under the authority of section 311(j) of the Clean Water Act. The proposed revision would incorporate new requirements added by section 4202(a) of the OPA, Public Law 101-380, 104 Stat. 484, subtitle B that directs facility owners and operators to prepare plans for responding to a worst case discharge of oil and to a substantial threat of such a discharge. The proposed rule would affect owners and operators of non- transportation-related onshore facilities. Need for Correction The proposed rule contained minor errors that may be misleading and should be corrected. In addition, although referenced in the preamble and regulatory text and available in the public docket, appendix H was inadvertently omitted from the proposed rule. Correction of Publication Accordingly, the proposed rule is corrected as follows: 1. On page 8851, in the first column, Amendment 7 which reads, "7. Part 112, as proposed to be revised at 56 FR 54630, is amended by adding appendices C through G to read as follows:" is corrected to read as follows: "7. Part 112, as proposed to be revised at 56 FR 54630, is amended by adding appendices C through H to read as follows:" 2. On page 8851, in the second column, in the first full paragraph under section 2.1, the text which reads, "(1) Transportation-Related Facilities Greater Than or Equal to 42,000 Gallons Where Operations Include Over-Water Transfer of Oil-A transportation- related facility with a total storage capacity greater than 42,000 gallons that transfers oil over water to or from vessels must submit a response plan to EPA." is corrected to read as follows: "(1) Facilities Greater Than or Equal to 42,000 Gallons Where Operations Include Over-Water Transfers of Oil-A facility with a total storage capacity greater than 42,000 gallons that transfers oil over water to or from vessels must submit a response plan to EPA." 3. On page 8851, in the second column, in the second full paragraph under section 2.1, in line 8, "each" is corrected to read "any". 4. On page 8852, within the second box down on the right side of the page that contains the substantial harm criterion for secondary containment, "each" is corrected to read "any". 5. On page 8853, in the first column, in paragraph number "2", in line 5, "each" is corrected to read "any". 6. On page 8854, in the second column, in Table 2, under item (1), "State Department of Naval Resources" is corrected to read "State Department of Natural Resources". 7. On page 8858, in the second column, in Attachment D-1, the entry in the first column "Areas" which reads "Habitat used by designated or proposed endangered/threatened species or marine mammals defined as depleted" is corrected to read "Habitat used by designated or proposed endangered/threatened species or marine mammals". 8. On page 8878, within the second question on the left side of the page that addresses the substantial harm criterion for secondary containment, "each" is corrected to read "any". 9. On page 8879, following appendix G, appendix H is added as follows: BILUNG CODE M660-5-#
Attachment 1, passage 486Federal Register IVol. 58. No. 67 IFriday, April 9, 1993 IProposed RMes 19031 CJ20 zz G 14 z 14 H L z z 0 X t- z2 0 H z1M 00 04 D4 I Io -N Z. B;LLINO CODE SI6-c 19032 Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Proposed Rules Authority: 33 U.S.C. 1321 and 1361; EQ. 12777 (3 CFR, 1991 Comp., p. 351). Dated: March 31, 1993. Walter W. Kovalick, Jr., Acting Assistant Administrator. IFR Doc. 93-8393 Filed 4-8-93; 8:45 am) BILWNG CODE 6660-P#
Attachment 1, passage 487Reader Aids Federal Register Vol. 58, No. 67 Friday, April 9, 1993 INFORMATION AND ASSISTANCE Federal Register Index, finding aids & general information Public inspection desk Corrections to published documents Document drafting information Machine readable documents 202-523-5227 523-5215 Code of Federal Regulations Index, finding aids & general information 523-6227 Printing schedules 523-3419 Laws Public Laws Update Service (numbers, dates, etc.) 523-6641 Additional information 523-5230 Presidential Documents Executive orders and proclamations 523-5230 Public Papers of the Presidents Weekly Compilation of Presidential Documents 523-5230 523-5230 The United States Government Manual General information 523-5230 Other Services Data base and machine readable specifications 523-3447 Electronic Bulletin Board 275-1538, 275-0920 Guide to Record Retention Requirements 523-3187 Legal staff 523-4534 Privacy Act Compilation 523-3187 Public Laws Update Service (PLUS) 523-6641 TDD for the hearing impaired 523-6229 FEDERAL REGISTER PAGES AND DATES, APRIL 17081-17320 ...................... 1 17321-17490 ...................... 2 17491-17772 ...................... 5 17773-17942 ...................... 6 17943-18138 ...................... 7 18139-18336 ...................... 8 18337-19032 ...................... 9 CFR PARTS AFFECTED DURING APRIL At the end of each month, the Office of the Federal Register publishes separately a List of CFR Sections Affected (LSA), which lists parts and sections affected by documents published since the revision date of each title. 3 CFR 71 ........... 17541, 17543,18054, Executive Orders: 18055,18349 12842 ............................... 17081 73 .................................... 18351 July 2, 1910 15 CFR (Revoked In part 946 ................................... 18315 by PLO 6961) ............... 18018 Proclamation: 16 CFR 6540 ................................. 17773 Proposed Rules: 5 CFR 305 ................................... 18056 330 ................................... 18139 17 CFR 335 ................................... 18139 1 ..................................... 17495 870 ................................... 18142 30 .................................... 17495 890 ................................... 18142 33 .................................... 17495 7 CFR 150 ................................... 17973 180 ................................... 17495 16 ..................................... 18143 190 ................. 17495 110 ................................... 19014 200 ........ . .... 17327 400 ....................... 17943,17944 202 ......... . ...17327 1001 ................................. 17946 229 ........................... .... 17327 1002 .................................. 17946 230 .......... 17327, 18145 1011 .............. 17947 239 .......... 17327 1413 .............. 18304 240 ....... ... 17327, 18145 Proposed Rules: 249 ................................... 17327 1413 ................................. 17807 250 ................................... 17327 1785 .............. 18043 259 ............... 17327 1786 ................................. 18043 270 ................................... 17327 9 CFR 274 ................................... 17327 Proposed Rules: Proposed Rules: 12 ...... .......... ................ 17369 94 ..................................... 17462 150..... ... ... .... 18057 10 CFR 200 ................................... 18352 2 ................17321 270 ................................... 18352 72 ..................................... 17948 18CFR Proposed Rules: 101 ................................... 17982 50 ..................................... 18167 201 ................................... 17982 20.................................... 18049 Proposed Rules: 11 CFR Ch. I ................................. 18185 141 ................................... 17544 110 ................................... 17967 401 ................................... 18352 12 CFR 1301 ................................. 17553 226 ............... 17083 19 CFR 748 ................................... 17491 10 .................................... 18146 791 ................................... 17492 960 ................................... 17968 21 CFR 1627 ................................. 18144 Ch. I ................................. 17085 Proposed Rules: 1 ........................... 17085, 17328 327 ................................... 17533 5 ............. 17091, 17093, 17094, 701 ................................... 17808 17095,17096,17105,17105, 17341,18346 I4CFR 12 ....... ... ................ 17095 11 ..................................... 18138 14 .................................... 17095 23 ..................................... 18958 20 ......................... 17096, 17097 39 ............ 17972, 18337, 18338 73 ......................... 17506, 17508 18340,18341,18342 74 ......................... 17098, 17510 71 ............ 17322, 17494, 18344 100 ....................... 17096, 17097 73 ......................... 17323,18345 101 ......... 17085,17096,17097, 97 ......................... 17324, 17325 17099, 17100, 17101,17102, Proposed Rules: 17103,17104,17328,17341, 39 ............ 18051,18053,18347 17343#
Attachment 1, passage 488ii Federal Register / Vol. 58, No. 67 / Friday, April 9, 1993 / Reader Aids 102 ....................... 17102, 17103 Proposed Rules: 112 ............................... 19030 1017 ................................. 17788 104 ................................... 17104 1 ....................................... 17557 238 ................................... 18062 1018 ................................. 17788 105 ...................... 17096, 17104 301 ................................... 18185 260 ................................... 18197 1312 ................................. 17788 130 ....................... 17103, 17105 261 ................................... 18197 1313 ................................. 17788 28 CFR 131 .... ............. 17105 262 ................................... 18197 1314 ................................. 17788 133 .......... 17105 35 ..................................... 17520 264 ................................... 18197 Proposed Rules: 135 ....................... 17103, 17105 36 ..................................... 17521 265 ................................... 18197 1039 ................................. 18072 136 ................................... 17103 Proposed Rules: 268 .......... 18197 137 ................................... 17103 36 ..................................... 17558 270 ................................... 18197 50 CFR 139 ................................... 17103 273 ................. 18197 29 CFR 17 ........................ 18029, 18035 145 ................................... 17103 300 ................................... 18197 100 ................. 7.... T776 146 ................................... 171C3 1400 ................................. 18007 150 ................................... 17103 41 CFR 216 .................................. 17789 30 CFR 217 .................................. 17364 152 ................................... 17103 Proposed Rules: 227 .................................. 17364 155 ................................... 17103 938 ................................... 18149 128-1 ............................... 18360 301 .................................. 17791 156 ................................... 17103 Proposed Rules: 158 ................................... 17103 42 CFR 611 .................................. 17462 935 .......... 17173, 17372, 18185 658 .................................. 17169 160 ................................... 17103 944 ................................... 18187 413 ................................... 17527 672 .................................. 17806 161 ................................... 17103 950 ................................... 17811 163 ................................... 17103 43 CFR 675 ....................... 17366, 17367 685 .................................. 17462 33 CFR 164 ................................... 17103 Public Land Order. Proposed Rules: 166 ................................... 17103 6961 ................................. 18018 20 ..................................... 17926 17 ......................... 17376, 18073 168 ........... 17103, 17105 100 .......... 17525, 18008, 18009 6962 ................................. 18163 20 ................................... 19008 169 ................................... 17103 151 ................................... 18329 Proposed Rules: 216 .................................. 17569 172 ................................... 17098 162 ................................... 17525 3400 ................................. 18362 226 .................................. 17181 177 ................................... 17098 165 ................................... 17525 625 .................................. 18365 178 ......... 17098, 17512, 17512, 46 CFR Proposed Rules: 672 .......... 17193, 17196, 17821 17513, 17514 117 ................................... 18358 174 ................................... 17316 186 ................................... 17098 675 .......... 17196, 17200, 17821 165 ....................... 17567, 18189 252 ................................... 17346 189 ................................... 17098 334 ....................... 17373, 17374 520 ................................... 18304 47 CFA LIST OF PUBUC LAWS 522 ................................... 18304 34 CFR 1 ....................................... 17528 529 ................................... 17346 377 ................................... 17308 61 ......................... 17166, 17528 558 .......... 17515, 17516, 17346 This is a continuing list of Proposed Rules: 64 ..................................... 17167 579 ................................... 18147 public bills from te current 685 ................................... 17472 73 ......................... 177 86, 17349 1308 ................................. 17106 session of Congress which 698 ................................... 18307 76 ....................... 17530, 17350 have become Federal laws. It Proposed Rules: 90 ..................................... 17787 may be used In conjunction 100 ................................... 17171 36 CFR Proposed Rules: with "PLUS" (Public Laws 101 ....................... 17171, 18057 242 ................................... 17776 2 ...................................... 17180 102 ................................... 17171 Update Service) on 202-523- 135- ............ ..... 17172 Proposed Rules: 61 .................................... 17813 6641. The text of laws is not 1191 ................................. 17175 73 ............ 17816, 17817, 17818 161... .................. 17171 published In the Federal 80 ........................ 17180, 17568 Register but may be ordered 330 ... .............17553 37 CFR 87 ..................................... 17568 in individual pamplet form 358 ................................... 17554 202 ................................... 17778 90 .................................... 17819 (referred to as "slip laws") 94 ..................................... 17568 22 CFR from the Superintendent of 39 CFR 97 ......................... 17180, 17375 Documents, U.S. Government 514 .................................... 18304 Proposed Rules: Printing Office, Washington, 48 CFR 111 ................................... 18190 24 CFR DC 20402 (phone, 202-512- 215 ................................... 18448 2470). 40 CFR 50 ..................................... 17164 252 ................................... 18448 H.R. 1430/P.L 103-12 574 ................................... 17164 52 ........... 17778, 17780, 18010, Proposed Rules: 905................................ 17164 18011,18161 To provide for a temporary 9903 ................................. 18363 3500 ................................. 17165 60 ..................................... 18014 increase In the public debt Proposed Rules: 49 CFR 61 ..................................... 18014 limit. (Apr. 6, 1993, 107 Stat. 125 ................................... 17172 81 ..................................... 17783 42; 1 page) 1 ....................................... 18018 576 ................................... 17764 122 ................................... 18014 228 ................................... 18163 Last List April 8, 1993 264 ................. 18014 240 ................................... 18982 25 CFR 265 ................................... 18014 523 ................................... 18019 Proposed Rules: 271 ................................... 18162 ELECTRONIC BULLETIN 525 ................................... 18019 518 ................................... 18353 403 ................................... 18014 BOARD 533 ................................... 18019 707 ................................... 18014 537 ................................... 18019 26 CFR Proposed Rules: Free Electronic Bulletin 552 ................................... 17787 1 ............. 17166, 17775,18148, Ch. I ................................. 18062 821 ................................... 17531 Board Service for Public Law 18448 52 ..................................... 18190 Numbers Is available on 202- 826 ................................... 17531 301 ....................... 17516, 17517 80 ..................................... 17175 1002 ................................. 17788 275-1538 or 275-0920.#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.