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1-31-91 Vol. 56 No. 21 Thursday January 31, 1991 a ee SECOND CLASS NEWSPAPER Postage and Fees Paid Printing Office U.S. Government Printing Office (ISSN 0097-6326) peciportmconrl Washington, DC 20402 ARR RAKACK RRKKRKKAKS ~ OIGi(T 48106 OFFICIAL BUSINESS, BERTALS PROCESSING or ie MICROFILM 300 N ZEER RD nen ANN ARBOR MI 48106 1-31-91 Thursday Vol. 56 No. 21 . January 31, 1991 Pages 3759-3960 Briefings on How To Use the Federal Register For information on briefings in Los Angeles and San Diego, CA, see announcement on the inside cover of this issue. Federal Register / Vol. 56, No. 21 / Thursday, January 31, 1991 THE FEDERAL REGISTER FEDERAL REGISTER Published daily, Monday through Friday, WHAT IT IS AND HOW TO USE IT (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Any person who uses the Federal Register and Code of Records Administration, Washington, DC 20408, under the Federal Regulations. 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SUBSCRIPTIONS AND COPIES PUBLIC Paper or fiche Magnetic tapes Problems with public subscriptions Single copies/back copies: Paper or fiche Magnetic tapes Problems with public single copies FEDERAL AGENCIES 8 Paper or fiche 523-5240 Magnetic tapes 275-0186 Problems with Federal agency subscriptions 523-5243 Foro ther telephone numbers, see the Reader Aids section at the end of this issue. i+ 44 ‘ea > oe Contents Federal Register Vol. 56, No. 21 Thursday, January $1, 1991 Agriculture Department Meetings: See also Food. and Nutrition Service; Food Safety and Clean Air Compliance Technology Options, 3824 Inspection Service; Forest Service; Soil Conservation Natural gas exportation and importation: Service f CanStates. Petroleum Marketing, 3828 NOTICES Powerplant and industrial fuel use; new electric powerptant Agency information collection activities under OMB review, coal capability; compliance certifications: 3814 Saguaro Power Co., 3828 Army Department Environmental Protection Agency RULES RULES Motor vehicle traffic supervision; CFR Part revised, 3830 Air quality implementation plans; approval and NOTICES promulgation; various States; and air quality planning Meetings: purposes; designation of areas: Science Board, 3823 Oklahoma, 3777 Hazardous waste: Commerce Department Land disposal restrictions— See Minority Business Development Agency; National Third third wastes; correction, 3864 Oceanic and Atmospheric Administration; National NOTICES Technical Information Service Toxic and hazardous substances control: Premanufacture exemption approvals, 3830 Commission of Fine Arts NOTICES Farm Credit Administration Grants and cooperative agreements; availability, etc.: NOTICES National Capital arts and cultural affairs program, 3823 Meetings; Sunshine Act, 3860 (3 documents) Conservation and Renewable Energy Office RULES Federal Aviation Administration Residential buildings, new Federal; mandatory energy PROPOSED RULES conservation performance standards, 3764 Airworthiness directives: Cessna, 3809 Defense Department Special conditions— See also Army Department; Navy Department McDonnell Douglas model MD-900 helicopter, 3804 PROPOSED RULES Sikorsky model S-76C helicopter, 3807 Federal Acquisition Regulation (FAR): NOTICES Construction contracting, 3954 Exemption petitions; summary and disposition, 3857 Drug Enforcement Administration Federal Communications Commission NOTICES RULES Schedules of controlled substances; production quotas: Communications equipment: Schedules I and II— Cordless telephone security coding, 3783 1991 aggregate, 3842 Radio services, special: Automated maritime telecommunications systems, 3782 Education Department Maritime services— : . NOTICES VHF maritime transmitters; interference reduction, 3786 Meetings: Radio stations; table of assignments: National Assessment Governing Board, 3824 Arkansas, 3786 PROPOSED RULES Empioyment and Training Administration Radio services, special: NOTICES Private land mobile services— Adjustment assistance: Construction, licensing, and operations, 3812 Valley Vulcan Mold Co., 3843 NOTICES Varco International, Inc., 3843 Applications, hearings, determinations, etc.: Nonimmigrant aliens temporarily employed as registered Black Hills Christian Communications, Inc., et al., 3830 nurses; attestations by facilities; list, 3843 Topp Broadcasting Limited Partnership et al., 3831 Energy Department Federal Deposit Insurance Corporation See also Conservation and Renewable Energy Office; NOTICES Federal Energy Regulatory Commission; Hearings and Meetings; Sunshine Act, 3860 Appeals Office, Energy Department Federal Election Commission Grant and cooperative agreement awards: NOTICES Morgantown Energy Technology Center, 3824 Meetings; Sunshine Act, 3860 Iv" Federal Register / Vol. 56,'No. 21 /'Thursday, January 31, 1991 '/ Contents ‘ Federal Energy Regulatory Commission Food and Nutrition Service NOTICES PROPOSED RULES Applications, hearings, determinations, etc.: Food stamp program: Algonquin Gas Transmission Co., 3825 Hunger Prevention Act of 1988; miscellaneous quality ANR Pipeline Co., 3825 control provisions, 3788 National Fuel Gas Supply Corp., 3826 North Penn Gas Co., 3826 Food Safety and Inspection Service Texas Gas Transmission Corp., 3826 PROPOSED RULES (2 documents) Meat and poultry inspection: United Gas Pipe Line Co. et al., 3827 Fee increases, 3795 Williams Natural Gas Co., 3827 Williams Pipe Line Co., 3827 Forest Service Williston Basin Interstate Pipeline Co., 3827 NOTICES Environmental statements; availability, etc.:- Federal Financial institutions Examination Council Clearwater National Forest, ID, 3814 Klamath National Forest, CA, 3815 NOTICES Securities dealers selection, portfolio policies and strategies Mt. Baker-Snoqualmie National Forest, WA, 3816, 3817 and unsuitable investment practices, and stripped (2 documents) mortgage-backed securities, CMO tranches, residuals, and zero-coupon bonds; supervisory policy statement, General Accounting Office 3831 RULES Bid protest process, 3759 Federal Highway Administration NOTICES General Services Administration Environmental statements; availability, etc.: PROPOSED RULES Canadian and Grady Counties, OK, 3858 Federal Acquisition Regulation (FAR): Construction contracting, 3954 Federal Maritime Commission Health and Human Services Department : NOTICES See Food and Drug Administration; Health Resources and Casualty and nonperformance certificates: Services Administration; Public Health Service California Cruise Lines, Inc., 3832 Royal Viking Line, 3832 Health Resources and Services Administration Complaints filed: See also Public Health Service Maritima Aragua S.A. et al., 3832 NOTICES Meetings; Sunshine Act, 3861 Grants and cooperative agreements; availability, etc.: Rural health State offices program, 3835 Federal Reserve System Meetings; advisory committees: RULES February, 3835 Securities credit transactions; OTC margin stocks list (Regulations G, T, U; and X), 3773 Hearings and Appeals Office, Energy Department NOTICES Agency information collection activities under OMB review, Decisions and orders, 3828 3832 Applications, hearings, determinations, etc.: indian Affairs Bureau Amy Lynn Scott Wyoming Trust et al., 3833 NOTICES Banc One Corp., 3833 Grants and cooperative agreements; availability, etc.: I-5 State Bancorp., 3833 Small tribes program, 3958 Fine Arts Commission Interior Department ; See Commission of Fine Arts See Fish and Wildlife Service; Indian Affairs Bureau; Land Management Bureau; Reclamation Bureau Fish and Wildlife Service NOTICES Justice Department Marine mammal permit applications, 3841 See also Drug Enforcement Administration PROPOSED RULES Food and Drug Administration Production or disclosure of material or information: RULES Federal Bureau of Investigation; identification record Human drugs: production fee increase, 3812 Investigational and new drug applications; editorial amendments, 3775 Labor Department NOTICES See Employment and Training Administration; Mine Safety Food for human consumption: and Health Administration Identity standards deviation; market testing permits— Sour cream, light, 3834 Land Management Bureau Human drugs: NOTICES Export applications— Meetings: Floxin® (ofloxacin) tablets, 3834 Boise District Grazing Advisory Board, 3837 Federal Register / Vol. 56, No: 21 /-Thursday, January 31, 1991 / Contents San Pedro Riparian National Conservation Area Advisory Public Health Service Committee, 3838 See also Food and Drug Administration; Health Resources Oil and gas leases: and Services Administration Wyoming, 3838 NOTICES Realty actions; sales, leases, etc.: Meetings: California, 3838 National Toxicology Program; Scientific Counselors Oregon, 3840 Board, 3836 Withdrawal and reservation of lands: Alaska, 3841 Reclamation Bureau NOTICES Mine Safety and Health Administration Environmental statements; availability, etc.: NOTICES Central Valley Project, CA; Kellogg Unit reformulation Safety standard petitions: study, 3841 Tara K Coal, Inc., 3845 Securities and Exchange Commission Minority Business Development Agency NOTICES NOTICES Self-regulatory organizations; proposed rule changes: Business development center program applications: National Association of Securities Dealers, Inc., 3847 Arkansas, 3819 National Securities Clearing Corp., 3848 Louisiana, 3820 National Securities Clearing Corp. et al., 3851 Oklahoma, 3820 Applications, hearings, determinations, etc.: Equus Investments I, L.P., et al., 3852 National Aeronautics and Space Administration New South Wales Treasury Corp., 3855 PROPOSED RULES Federal Acquisition Regulation (FAR): Soil Conservation Service Construction contracting, 3954 NOTICES Environmental statements; availability, etc.: National Archives and Records Administration Lahaina Flood Control Project, HI, 3818 RULES : Reproduction services; fee schedule, 3776 State Department National Highway Traffic Safety Administration NOTICES NOTICES Meetings: Motor vehicle safety standards; exemption petitions, etc.: International Radio Consultative Committee, 3857 Cooper Tire & Rubber Co., 3859 International Telegraph and Telephone Consultative Committee, 3857 National Oceanic and Atmospheric Administration NOTICES Transportation Department Meetings: See also Federal Aviation Administration; Federal Highway Commercial fishing operations; incidental taking of Administration; National Highway Traffic Safety marine mammals, 3821 Administration PROPOSED RULES National Science Foundation Aviation security; passenger manifest information collection NOTICES regulation for international flights, 3810 Meetings; Sunshine Act, 3861 National Technical information Service Separate Parts In This Issue NOTICES Inventions, Government-owned; availability for licensing, Part Il S 3822 Environmental Protection Agency, 3864 Navy Department Part Ill NOTICES Department of Defense, Department of the Army, 3930 Meetings: Chief of Naval Operations Executive Panel Advisory Part IV Committee, 3823 Department of Defense; General Services Administration; (2 documents) National Aeronautics and Space Administration, 3954 Nuclear Regulatory Commission Part V PROPOSED RULES Department of the Interior, Bureau of Indian Affairs, 3958 Production and utilization facilities; domestic licensing: Nuclear power plants; codes and standards, 3796 Agency information collection activities under OMB review, Reader Aids 3845 _ Additional information, including a list of public Environmental statements; availability, etc.: laws, telephone numbers, and finding aids, appears Carolina Power & Light Co., 3845 in the Reader Aids section at the end of this issue. Applications, hearings, determinations, etc.: Florida Power & Light Co., 3846 VI Federal Register / Vol. 56, No. 21 / Thursday, January 31, 1991 / Contents 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. Rules and Regulations Federal Register Vol. 56, No. 21 Thursday, January 31, 1991 were the subject of public comment. In protests. 31 U.S.C. 3555(a). The bid light of all the comments received, protest process operates most efficiently several changes are made. when GAO has before it a complete record upon which to base its decision. The Comments In order to develop such a record the GAO received comments on the protester to the extent possible should At proposed regulation amendments from be given access to all information teeta 37 respondents. The following is a considered by the procuring agency in discussion of the principal issues raised making the determination which forms za oe in the comments and GAO's response as the basis of the protest. The availability well as some additional related of this information provides the clarifications to the regulations. protester with a full opportunity to In response to several general present its side of the case and thus GENERAL ACCOUNTING OFFICE comments from agencies that protests assures that GAO will have before it a 4 CFR Part 21 which suffer from procedural complete record of the protested deficiencies should be dismissed as procurement as developed by the soon as practicable § 21.2, which sets interplay between the protester and the Bid Protest Regulations for the timeliness rules for filing protests agency. GAO’s document disclosure AGENCY: General Accounting Office. is clarified by adding a new § 21.2(b) procedures, including the issuance of ACTION: Final rule. stating that initial protest submissions protective orders, issued pursuant to 31 must show that the protest is timely or it U.S.C. 3555(a) and 3553(f), are intended SUMMARY: These rules reflect adoption may be dismissed. Under this rule, to meet this need for a full record. of and amendments to the General which has been previously set forth‘in Modified § 21.3(d)(1) provides that any Accounting Office’s proposed regulation Norfolk Dredging Company—Second party or the contracting agency may amendments published April 6, 1990 (55 Request for Recon., B-236259.3, Dec. 7, request that GAO issue a protective FR 12834) and respond to comments 1989, 89-2 CPD { 525, protesters will not order limiting the release of particular submitted. The General Accounting be permitted to introduce for the first documents that contain information that Office’s Regulations implement sections time on reconsideration the information is privileged or the release of which 3551-3556 of title 31, United States Code. upon which the timeliness of the protest would result in a competitive advantage. These rules are intended to improve the relies. In order to accommodate the new Since under the new § 21.3(d)(3) only effectiveness of the bid protest process section current § 21.2(b) is redesignated individuals nct involved in competitive especially in the areas of document § 21.2(c). decisionmaking will be authorized production, hearings and remedies. Section 21.3(d)(1) established that access to such documents, the release of EFFECTIVE DATE: April 1, 1991. GAO may issue a protective order documents under the protective order FOR FURTHER INFORMATION CONTACT: where appropriate to limit the release of will not confer a competitive advantage John Brosnan, Assistant General privileged information and information on the recipient and thus should not Counsel, General Accounting Office, by that would confer a competitive deter offerors from furnishing telephone (202) 275-9714 or write to the advantage on the protester or interested information to the government. U.S. General Accounting Office, Office parties. Several contracting agencies A number of commenters have of the General Counsel, 441 G Street, suggested that requiring the disclosure requested guidance concerning the type NW., Washington, DC 20548. of privileged information pursuant to a of information that will be placed under SUPPLEMENTARY INFORMATION: On April protective order would place agency a protective order. GAO believes that in 11, 1989, the General Accounting Office personnel at risk of violating the the usual case the information to be (GAO) published an advance notice of prohibition in the Trade Secrets Act, 18 protected will consist of trade secrets proposed rulemaking soliciting U.S.C. 1905 (1988), against the disclosure and commercial or financial information comments on how its bid protest of trade secrets unless authorized by and privileged or confidential data; that regulations could be amended to law and would impede the government's is, information coming within the scope improve the effectiveness of the protest ability to obtain such information from of exemption (b)(4) of the Freedom of process (54 FR 14361, April 11, 1989). offerors in the future. Information Act, 5 U.S.C. 552(b)(4) That Notice specified that GAO was The Competition in Contracting Act of (1988). Such proprietary information will particularly interested in comments 1984 (CICA) requires that within such usually be found in the proposals concerning the release of agency deadlines as the Comptroller General submitted by offerors and the agency’s documents during a protest and prescribes, federal agencies shall evaluations of those proposals. regarding formal fact finding hearings. provide to an interested party any GAO has changed § 21.3(d)(1) to GAO received 25 comments in response document relevant to a protested permit any party to a protest, not just to the Notice. After carefully considering procurement action that would not give the contracting agency as previously the comments received in response to that party a competitive advantage and provided, to request that a protective the Notice, GAO published proposed that the party is otherwise authorized by order be issued. This change reflects the regulation amendments along with an law to receive. 31 U.S.C. 3553(f). CICA fact that parties may have interests explanation of the reasons why the also provides GAO authority to distinct from the agency's in limiting amendments were proposed on April 6, prescribe such procedures as may be disclosure of certain documents. For 1990 (55 FR 12874). These amendments necessary to the expeditious decision of example, an interested party generally Federal Register / Vol. 56, No. 21 / Thursday, January 31, 1991 / Rules’ and Regulations will have the greatest interest in materials to.attorneys who are not agency must include all relevant assuring onlv 'imited disclosure of employees of the protester and for other documents in the copies of the report proprietary information in its proposal. appropriate interested parties would provided to GAO. The agency must GAO also has extended frem 15 to 20 unnecessarily deprive parties include in the report a list of all the days the period allowed by § 21.3(d)(1) represented by in-house counsel of the documents not provided to the protester for a party or the vr sterm agency to opportunity to fully participate in and and interested parties and the reasons request that ap rotective orde’r be contribute to the protest process. GAO issued. This extension is in response to agrees that the appropriate criterion for the concern expressed by many authorizing access to protected agencies that in most cases the 15-day materials should be not whether counsel production procedures in § 21.3{d} are requirement would not allow sufficient ) is an employee or an inde unfair because they de not provide for time for contracting officials to assemble contractor, but, as set forth in the new agency access to protester documents. and review the record so as to § 21.3(d){3), whether applicants for GAO has no evidence of specific determine whether and to what extent access participate in competitive problems with obtaining relevant information may require protection. It is decisionmaking in federal procurements; protester documents (52 FR 46,446, Dec. GAO's view that a request for a GAO expects that authorizing access to 8, 1987). Where GAO has concluded that protective order must be filed as soon as privileged information pursuant to a specific protester documents not already possible before the report due date, and protective order for attorneys. not in the ion of the ¥ are in any case no more than 20 days after involved in competitive decisionmaking, relevant and should be included in the the protest filing date, to permit whether in-house or outside counsel, or administrative record, such docume:tts finalization of the terms of the in appropriate cases, independent have been furnished by protesters at protective order in sufficient time so that experts or consultants, should avoid GAO's request. Commenters have not the agency can furnish the relevant conferring a competitive advantage on established the necessity for a more documents. with the copies of the report the recipient of such information. In this formal procedure and GAO will not at provided to the pratester and interested regard, new § 21.3(d)(3}. requires not this time implement one. parties. Assuring that copies of the only that any individual seeking access Section 21.3(f} is amended te add that report include alt relevant documents to. submit an application certifying that where there is a subsequent request for be furnished to a party will facilitate the they are not involved in competitive documents, the existence or relevance of timely submission of comments on the decisionmaking, but also that they which first becomes evident from the report and adequate preparation for any furnish a detailed written statement agency report, a request by any party or ae supporting the certification. the agency that release of any additional ition,. § 21.3(d)(1) has been New § 21.3{d)f4} has been added to documents be covered by a protective revised to clarify that copies of the provide a means by which additional order shall be made in accordance with request for a protective order filed with documents, the existence or relevance of the § 21.3(d)f4) procedures for the GAO shalt be furnished simultaneously which first become evident after a addition of documents to an existing to all parties. GAO believes that protective order has been issued, may protective order. emphasizing the necessity for the be included under the protective order, Section 21.3(g} which concerns. the simultaneous furnishing of copies will or additional individuals not already release of disputed documents by GAO facilitate the expeditious consideration covered may be included. is amended to make clear that GAO of requests for changes to the proposed A number of commenters expressed may determine that any release of order and its finalization. concern that the protective orders The provision found in § 21.3{d)(1} available under § 21.3(d) will be documents withheld from the protester that the terms of the protective order violated. or other interested parties should be shall be “determined” by conference, Although GAO at one time expressed pursuant to a protective order under telephone conference or other concern about enforcement of such § 21.3(d)(2). appropriate means prior to the due date orders (52 FR 46,445, 46,446, Dee. 8, Several commenters have generally or the agency report, has been included 1987), sufficient sanctions to deter questioned § 21.5, which provides for -n ew §2 1.3(d)}{2). The new section violations of protective orders are hearings in appropriate. cases: to develop for requesting available. Consequently, GAO has the bid protest record through oral thats pecific information or individuals added new § 21.3{d)(5), which provides argument and/or oral testimony. These be included in or exchuded from the that GAO may refer possible violations commenters assert that this may inject order, provides for responses to such of a protective order's terms to the unnecessary formality into the GAO bid requests by opposing parties, and now appropriate bar association or other protest process, while others have states that the terms of thep rotective disciplinary bodies. Also, the violation supported the hearing procedures as order shalt be “established” prior to the of a protective order may result in adding a necessary element of due due date for the report. This new restriction of practice before the GAO. process and have suggested additional provision was adtde seet fodrth an. Further, new § 21.3(d)(5} provides that a procedures. GAO believes that the new orderly precedure for establishing the party whose protected information is hearing procedures strike a balance of parties and documents to be covered by improperly disclosed shall be entitled to keeping the bid protest process as a protective order. GAO intends by all remedies under law or equity, uncomplicated and informal as possible, substituting “established” for including breach of contract. while giving alt of the parties in “determined” and relocating the Proposed § 21.3(d){2) has been appropriate cases an opportunity to sentence to § 21.3{c){2} to emphasize renumbered as § 21.3(d){6). It has been orally present their cases and hear the that the terms of the order shauld be set clarified to indicate that the agency may positions of, and direct questions on the in a single process which should be withhold relevant documents from a protest issues to, representatives of completed prior to the due date for the party only where a protective order has other parties. GAO thinks that this will report. not been issued. If the agency or other make the hearings more +.seful than the Several commenters have questioned party fails to request a protective order, current informal and fact-finding whether limiting access to protected and an order is not issued, then the conferences, particularly since the