Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Notices 66565

5United States v. American Tel. and Tel Co., 552

F. Supp. 131, 150 (D.D.C. 1982), aff’d sub nom.

Maryland v. United States, 460 U.S. 1001 (1983)

quoting United States v. Gillette Co., supra, 406 F.

Supp. at 716; United States v. Alcan Aluminum,

Ltd., 605 F. Supp. 619, 622 (W.D. Ky 1985).

The proposed Final Judgment,

therefore, should not be reviewed under

a standard of whether it is certain to

eliminate every anticompetitive effect of

a particular practice or whether it

mandates certainty of free competition

in the future. Court approval of a final

judgment requires a standard more

flexible and less strict than the standard

required for a finding of liability. ‘‘[A]

proposed decree must be approved even

if it falls short of the remedy the court

would impose on its own, as long as it

falls within the range of acceptability or

is ‘within the reaches of public interest.’

(citations omitted).’’ 5

VIII. Determinative Documents

There are no determinative materials

or documents within the meaning of the

APPA that were considered by the

United States in formulating the

proposed Final Judgment.

Dated: December 12, 1995.

Respectfully submitted,

Anthony E. Harris,

Attorney, State of Illinois # 01133713,

Antitrust Division, U.S. Department of Justice,

1401 H. Street NW., suite 4000, Washington,

DC 20530, (202) 307–6583.

[FR Doc. 95–31054 Filed 12–21–95; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF LABOR

Employment Standards Administration

Wage and Hour Division;

Minimum Wages for Federal and

Federally Assisted Construction;

General Wage Determination Decisions

General wage determination decisions

of the Secretary of Labor are issued in

accordance with applicable law and are

based on the information obtained by

the Department of Labor from its study

of local wage conditions and data made

available from other sources. They

specify the basic hourly wage rates and

fringe benefits which are determined to

be prevailing for the described classes of

laborers and mechanics employed on

construction projects of a similar

character and in the localities specified

therein.

The determinations in these decisions

of prevailing rates and fringe benefits

have been made in accordance with 29

CFR Part 1, by authority of the Secretary

of Labor pursuant to the provisions of

the Davis-Bacon Act of March 3, 1931,

as amended (46 Stat. 1494, as amended,

40 U.S.C. 276a) and of other Federal

statutes referred to in 29 CFR Part 1,

Appendix, as well as such additional

statutes as may from time to time be

enacted containing provisions for the

payment of wages determined to be

prevailing by the Secretary of Labor in

accordance with the Davis-Bacon Act.

The prevailing rates and fringe benefits

determined in these decisions shall, in

accordance with the provisions of the

foregoing statutes, constitute the

minimum wages payable on Federal and

federally assisted construction projects

to laborers and mechanics of the

specified classes engaged on contract

work of the character and in the

localities described therein.

Good cause is hereby found for not

utilizing notice and public comment

procedure thereon prior to the issuance

of these determinations as prescribed in

5 U.S.C. 553 and not providing for delay

in the effective date as prescribed in that

section, because the necessity to issue

current construction industry wage

determinations frequently and in large

volume causes procedures to be

impractical and contrary to the public

interest.

General wage determination

decisions, and modifications and

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 selfexplanatory forms for the purpose of

submitting this data may be obtained by

writing to the U.S. Department of Labor,

Employment Standards Administration,

Wage and Hour Division, Division of

Wage Determinations, 200 Constitution

Avenue, NW., Room S–3014,

Washington, DC 20210.

Withdrawn General Wage

Determination Decisions

This is to advise all interested parties

that the Department of Labor is

withdrawing, from the date of this

notice, General Wage Determination

Nos. MD950050 and MD950053 dated

February 10, 1994.

Agencies with construction projects

pending, to which this Wage Decision

would have been applicable, should

utilize Wage Decision MD950047.

Contracts for which bids have been

opened shall not be affected by this

notice. Also, consistent with 29 CFR

1.6(c)(2)(i)(A), when the opening of bids

is less than ten (10) days from the date

of this notice, this action shall be

effective unless the agency finds that

there is insufficient time to notify

bidders of the change and the finding is

documented in the contract file.

New General Wage Determination

Decisions

The number of the decisions added to

the Government Printing Office

document entitled ‘‘General Wage

Determinations Issued Under the DavisBacon and related Acts’’ are listed by

Volume and State:

Volume II

Virginia

VA950040 (Dec. 22, 1995)

Modifications 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

New York

NY950009 (Feb. 10, 1995)

NY950010 (Feb. 10, 1995)

NY950041 (Feb. 10, 1995)

Volume II

Maryland

MD950047 (Feb. 10, 1995)

Pennsylvania

PA950004 (Feb. 10, 1995)

PA950023 (Feb. 10, 1995)

PA950065 (Feb. 10, 1995)

Virginia

VA950004 (Feb. 10, 1995)

VA950014 (Feb. 10, 1995)

VA950015 (Feb. 10, 1995)

VA950049 (Feb. 10, 1995)

VA950064 (Feb. 10, 1995)
66566 Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Notices

Volume III

None

Volume IV

Michigan

MI950007 (Feb. 10, 1995)

Volume V

None

Volume VI

California

CA950001 (Feb. 10, 1995)

Nevada

NV950001 (Feb. 10, 1995)

NV950001 (Feb. 10, 1995)

NV950002 (Feb. 10, 1995)

NV950005 (Feb. 10, 1995)

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 DavisBacon and Related Acts’’. This

publication is available at each of the 50

Regional Government Depository

Libraries and many of the 1,400

Government Depository Libraries across

the county.

The general wage determinations

issued under the Davis-Bacon and

related Acts are available electronically

by subscription to the FedWorld

Bulletin Board System of the National

Technical Information Service (NTIS) of

the U.S. Department of Commerce at

(703) 487–4630.

Hard-copy subscriptions may be

purchased from: Superintendent of

Documents, U.S. Government Printing

Office, Washington, DC 20402, (202)

512–1800.

When ordering hard-copy

subscription(s), be sure to specify the

State(s) of interest, since subscriptions

may be ordered for any or all of the six

separate volumes, arranged by State.

Subscriptions include an annual edition

(issued in January or February) which

includes all current general wage

determinations for the States covered by

each volume. Throughout the remainder

of the year, regular weekly updates are

distributed to subscribers.

Signed at Washington, DC this 15th day of

December 1995.

Philip J. Gloss,

Chief, Branch of Construction Wage

Determinations.

[FR Doc. 95–30947 Filed 12–21–95; 8:45 am]

BILLING CODE 4510–27–M

NUCLEAR REGULATORY

COMMISSION

Docket Nos. 50–295 and 50–304]

Commonwealth Edison Co; Zion

Nuclear Power Station, Units 1 and 2,

Environmental Assessment and

Finding of No Significant Impact

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an exemption

from certain requirements of its

regulations to Facility Operating License

Nos. DPR–39 and DPR–48, issued to

Commonwealth Edison Company

(ComEd, the licensee), for operation of

the Zion Nuclear Power Station, Units 1

and 2, located in Lake County, Illinois.

Environmental Assessment

Identification of the Proposed Action

The proposed action is in accordance

with the licensee’s application for and

exemption from certain requirements of

10 CFR 73.55, ‘‘Requirements for

Physical Protection of Licensed

Activities in Nuclear Power Reactors

Against Radiological Sabotage.’’ The

requested exemption would allow the

implementation of a hand geometry

biometric system of site access control

in conjunction with photograph

identification badges, and would allow

the badges to be taken off site.

The Need for the Proposed Action

Pursuant to 10 CFR 73.55(a), the

licensee is required to establish and

maintain an onsite physical protection

system and security organization.

In 10 CFR 73.55(d), ‘‘Access

Requirements,’’ it specifies in part that

‘‘The licensee shall control all points of

personnel and vehicle access into a

protected area.’’ In 10 CFR 73.55(d)(5),

it specifies in part that ‘‘A numbered

picture badge identification system shall

be used for all individuals who are

authorized access to protected areas

without escort.’’ It further indicates that

an individual not employed by the

licensee (e.g., contractors) may be

authorized access to protected areas

without an escort provided the

individual, ‘‘receives a picture badge

upon entrance into the protected area

which must be returned upon exit from

the protected area.’’

Currently, unescorted access for both

employee and contractor personnel into

the Zion Station, Units 1 and 2, is

controlled through the use of picture

badges. Positive identification of

personnel who are authorized and

request access into a the protected area

is established by security personnel

making a visual comparison of the

individual requesting access and that

individual’s picture badge. The picture

badges are issued, stored, and retrieved

at the entrance/exit location to the

protected area. In accordance with 10

CFR 73.55(d)(5), contractor personnel

are not allowed to take their picture

badges off site. In addition, in

accordance with the plant’s physical

security plan, the licensee’s employees

are also not allowed to take their picture

badges off site. The licensee proposes to

implement an alterative unescorted

access control system which would

eliminate the need to issue and retrieve

picture badges at the entrance/exit

location to the protected area. The

proposal would also allow contractors

who have unescorted access to keep

their picture badges in their possession

when departing the Zion site. In

addition, the site security plans will be

revised to allow implementation of the

hand geometry system and to allow

employees and contractors with

unescorted access to keep their picture

badges in their possession when leaving

the Zion site.

Environmental Impacts of the Proposed

Action

The Commission has completed its

evaluation of the proposed action. In

addition to their picture badges, all

individuals with authorized unescorted

access will have the physical

characteristics of their hand (hand

geometry) registered with their picture

badge number in a computerized access

control system. Therefore, all authorized

individuals must not only have their

picture badges to gain access into the

protected area, but must also have their

hand geometry confirmed.

All other access process, including

search function capability and access

revocation, will remain the same. A

security officer responsible for access

control will continue to be positioned

within a bullet-resistant structure. The

proposed system is only for individuals

with authorized unescorted access and

will not be used for individuals

requiring escorts.

The underlying purpose for requiring

that individuals not employed by the

licensee must receive and return their

picture badges at the entrance/exit is to

provide reasonable assurance that the

access badges could not be

compromised or stolen with a resulting

risk that an unauthorized individual

could potentially enter the protected

area. Although the proposed exemption

will allow individuals to take their

picture badges off site, the proposed

measures require not only that the

picture badge be provided for access to

the protected area, but also that