43528 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices

amount that the test could detect.

Consequently, the respondent did not

demonstrate that the drug test was

invalid. As the respondent offered no

evidence in mitigation of his drug use,

the Hearing Officer found that his access

authorization should not be restored.

Interlocutory Order

EG&G Rocky Flats, Inc., 7/11/97, VWZ–

0008

An OHA hearing officer issued a

Decision and Order regarding a Motion

for Partial Dismissal and Limitation on

Scope of Complainant’s Claims filed in

a whistleblower proceeding under the

provisions of 10 C.F.R. part 708. The

hearing officer determined that DOE’s

whistleblower regulations do not apply

to reprisals that occurred before April 2,

1992, the effective date of those

regulations, and consequently dismissed

those portions of the complaint that

concerned those reprisals. The hearing

officer specified, however, that

protected disclosures made before April

2, 1992, may have led to reprisals that

occurred after that date, and for that

reason those disclosures are relevant to

the proceeding and evidence concerning

them will be received. The Motion to

Dismiss was, therefore, granted in part.

Refund Applications

The Office of Hearings and Appeals

issued the following Decisions and

Orders concerning refund applications,

which are not summarized. Copies of

the full texts of the Decisions and

Orders are available in the Public

Reference Room of the Office of

Hearings and Appeals.

ARCH MINERAL CORP. ET AL .......................................................................................................................... RG272–00503 7/8/97

CHICAGO MILWAUKEE CORPORATION ......................................................................................................... RF272–69326 7/8/97

CHICAGO MILWAUKEE CORPORATION ......................................................................................................... RD272–69326

GULF OIL CORPORATION/ASSOCIATED TRANSPORT ................................................................................. RF300–13114 7/11/97

LYLE BREDENKAMP ........................................................................................................................................... RF272–15943 7/11/97

STAR MANUFACTURING CO. ........................................................................................................................... RF272–57065

ST. JOSEPH CARE CENTER ................................................................................................................................ RF272–98794

Dismissals

The following submissions were dismissed.

Name Case No.

A.W. STADLER, INC./DARLING INTRNTL ...................................................................................................................................... RK272–4489

ANDERSON CLAYTON FOODS/AC HUMKO ................................................................................................................................. RK272–4401

ASHY-HUTCHISON ENT., INC. ....................................................................................................................................................... RK272–4472

[FR Doc. 97–21541 Filed 8–13–97; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5874–6]

Proposed Settlement; Industrial

Process Cooling Towers Emission

Standard Litigation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Proposed Settlement;

Request for Public Comment.

SUMMARY: In accordance with section

113(g) of the Clean Air Act (‘‘Act’’),

notice is hereby given of a proposed

settlement of Libbey-Owens-Ford

Company v. United States

Environmental Protection Agency, No.

95–1141 (D.C. Cir.).

The case involves a challenge to the

rule entitled ‘‘National Emission

Standards for Hazardous Air Pollutants

for Industrial Process Cooling Towers,’’

published in the Federal Register at 59

FR 46,339 on September 8, 1994. The

proposed settlement provides for EPA to

issue a revision to the rule allowing

sources to demonstrate compliance

through recordkeeping in lieu of water

sample analysis.

For a period of thirty (30) days

following the date of publication of this

notice, the Agency will receive written

comments to the settlement from

persons who were not named as parties

to the litigation in question. EPA or the

Department of Justice may withhold or

withdraw consent to the proposed

settlement if the comments disclose

facts or circumstances that indicate that

such consent is inappropriate,

improper, inadequate, or inconsistent

with the requirements of the Act. Copies

of the settlement are available from

Gwendolyn Jones, Air and Radiation

Division (2344), Office of General

Counsel, U.S. Environmental Protection

Agency, 401 M Street, S.W.,

Washington, D.C. 20460, (202) 260–

7620. Written comments should be sent

to Patricia A. Embrey at the above

address and must be submitted on or

before [insert date 30 days after

publication].

Dated: August 4, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97–21536 Filed 8–13–97; 8:45 am]

BILLING CODE 6560–50–M

FEDERAL ELECTION COMMISSION

Sunshine Act Meeting

AGENCY: Federal Election Commission.

DATE & TIME: Tuesday, August 19, 1997

at 10:00 a.m.

PLACE: 999 E Street, N.W., Washington,

D.C.

STATUS: This meeting will be closed to

the public.

ITEMS TO BE DISCUSSED:

Compliance matters pursuant to 2

U.S.C. § 437g.

Audits conducted pursuant to 2

U.S.C. § 437g, § 438(b), and Title 26,

U.S.C.

Matters concerning participation in

civil actions or proceedings or

arbitration.

Internal personnel rules and

procedures or matters affecting a

particular employee.

DATE & TIME: Thursday, August 21, 1997

at 10:00 a.m.

PLACE: 999 E Street, N.W. Washington,

D.C. (Ninth Floor).

STATUS: This meeting will be open to the

public.

ITEMS TO BE DISCUSSED:

Correction and Approval of Minutes.

Report of the Audit Division on Pete

Wilson for President Committee

(continued from meeting of July 31,

1997).

Administrative Matters.