Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 / Proposed Rules 1879

factor will also be considered in

exercising discretion under this section.

4. Section 118.22 revised to read as

follows:

§ 118.22 Notice of immediate suspension

or proposed revocation and cancellation

action.

Adverse action pursuant to the

provisions of § 118.21(a) or (b) is

initiated when the port director serves

written notice on the operator or entity

selected to operate the CES. The notice

shall be in the form of a statement

specifically setting forth the grounds for

the adverse action and shall inform the

operator of the appeal procedures under

§ 118.23 of this part.

5. Section 118.23 revised to read as

follows:

§ 118.23 Appeal to the Assistant

Commissioner; procedure; status of CES

operations.

(a) Appeal to the Assistant

Commissioner. Appeal of a port

director’s decision under § 118.21(a) or

(b) must be taken to the Assistant

Commissioner, Office of Field

Operations, within 10 calendar days of

receipt of the written notice of the

adverse action. The appeal shall be filed

in duplicate and shall set forth the CES

operator’s or entity’s responses to the

grounds specified by the port director in

his written notice letter for the adverse

action initiated. The Assistant

Commissioner, Office of Field

Operations, or his designee, shall render

a written decision to the CES operator

or entity, stating the reasons for the

decision, by letter mailed within 30

working days following receipt of the

appeal, unless the period for decision is

extended with due notification to the

CES operator or entity.

(b) Status of CES operations during

appeal. During this appeal period, an

immediate suspension of a CES

operator’s or entity’s selection and

written agreement pursuant to

§ 118.21(a) of this part shall remain in

effect. A proposed revocation of a CES

operator’s or entity’s selection and

cancellation of the written agreement

pursuant to § 118.21(b)(1)-(5) of this part

shall not take effect unless the appeal

process under this paragraph has been

concluded with a decision adverse to

the operator.

(c) Effect of suspension or revocation.

Once a suspension or revocation action

takes effect, the CES operator must cease

CES operations. However, when CES

operations are suspended or revoked

and cancelled by Customs, it is the CES

operator’s responsibility to ensure that

merchandise already at the CES is

properly consigned to another location

for inspection, as directed by the

importer and approved by the port

director.

Approved: December 13, 1995.

Michael H. Lane,

Acting Commissioner of Customs.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 96–1048 Filed 1–23–96; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

29 CFR Part 2510

Proposed Regulation Relating to

Definition of Plan Assets; Participant

Contributions

AGENCY: Pension and Welfare Benefits

Administration, Department of Labor.

ACTION: Notice of rescheduling of date

for public hearing.

SUMMARY: This document reschedules

the date for a public hearing on the

proposed rule under Title I of the

Employee Retirement Income Security

Act of 1974, as amended, 29 U.S.C.

1001–1461 (the Act), relating to revision

of the definition of when certain monies

which a participant pays to, or has

withheld by, an employer for

contribution to an employee benefit

plan are ‘‘plan assets’’ for purposes of

Title I of the Act. The proposed rule was

set forth in a notice of proposed

rulemaking published in the Federal

Register at 60 FR 66036 (December 20,

1995).

DATES: The public hearing on this

proposed rule is rescheduled to

Thursday, February 22, 1996, and, if

necessary based on the volume of

requests by the public to testify, to

Friday, February 23, 1996. The hearing

will begin at 10:00 a.m. on both days.

ADDRESSES: Written requests to present

public testimony concerning the

proposed rule should be submitted by

February 14, 1996 to: Pension and

Welfare Benefits Administration, Room

N–5669, U.S. Department of Labor, 200

Constitution Ave., N.W., Washington,

DC 20210. Attention: Proposed

Participant Contribution Regulation. All

submissions will be open to public

inspection at the Public Documents

Room, Pension and Welfare Benefits

Administration, U.S. Department of

Labor, Room N–5638, 200 Constitution

Ave., N.W., Washington, DC 20210. The

rescheduled hearing on the proposed

regulation will be held in Room N–3437

A and B, 200 Constitution Ave., N.W.,

Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Rudy Nuissl, Office of Regulations and

Interpretations, Pension and Welfare

Benefits Administration, U.S.

Department of Labor, Rm N–5669, 200

Constitution Ave., N.W., Washington,

DC 20210 (telephone (202) 219–7461) or

William W. Taylor, Office of the

Solicitor, Plan Benefits Security

Division, U.S. Department of Labor, Rm

N–4611, 200 Constitution Ave., N.W.,

Washington, DC 20210 (telephone (202)

219–9141). These are not toll-free

numbers.

SUPPLEMENTARY INFORMATION: On

December 20, 1995, the Department of

Labor (the Department) published a

notice of proposed rulemaking in the

Federal Register (60 FR 66036) which

would revise the definition of when

certain monies which a participant pays

to, or has withheld by, an employer for

contribution to an employee benefit

plan are ‘‘plan assets’’ for purposes of

Title I of the Act. In that notice the

Department scheduled a public hearing

with respect to the proposal, to be held

on January 24 and January 25, 1996, and

invited interested persons to submit

written requests to testify at the hearing.

The Department has received requests

from some members of the public for

additional time for preparation of

testimony on the proposed rule, and the

Department believes that it is

appropriate to grant such additional

time. Accordingly, this notice

reschedules the public hearing on the

proposed rule to Thursday, February 22,

1996 and, if necessary, to Friday,

February 23, 1996. Requests to present

public testimony should be submitted

by February 14. Unless otherwise

advised, the Department will assume

that persons who have already

submitted written requests to testify at

the January 24–25 hearing will wish to

testify at the hearing rescheduled for

February 22–23.

The December 20, 1995 Federal

Register notice also stated that written

comments concerning the proposed

regulation must be received by February

5, 1996. The Department has

determined that the February 5 deadline

for submission of written comments will

continue to apply, notwithstanding the

rescheduling of the public hearing.

Notice of Rescheduling of Date for

Public Hearing

Notice is hereby given that the public

hearing for the proposed rule (published

at 60 FR 66036, December 20, 1995)

relating to revision of the definition of
1880 Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 / Proposed Rules

when certain monies which a

participant pays to, or has withheld by,

an employer for contribution to an

employee benefit plan are ‘‘plan assets’’

for purposes of Title I of the Act is

rescheduled to Thursday, February 22,

1996 and, if necessary, to Friday,

February 23, 1996.

Signed at Washington, DC, this 19th day of

January 1996.

Olena Berg,

Assistant Secretary, Pension and Welfare

Benefits Administration.

[FR Doc. 96–1136 Filed 1–23–96; 8:45 am]

BILLING CODE 4510–29–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DE24–1–7156b; FRL–5401–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware Ozone Emission Inventory

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

State Implementation Plan (SIP)

revisions submitted by the State of

Delaware for the purpose of establishing

1990 ozone base year emission

inventories for the Delaware ozone

nonattainment areas. In the Final Rules

section of this Federal Register, EPA is

approving the State’s SIP revisions as a

direct final rule without prior proposal

because the Agency views them as

noncontroversial SIP revisions and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Comments must be received in

writing by February 23, 1996.

ADDRESSES: Comments may be mailed to

Marcia L. Spink, Associate Director, Air

Programs, Mailcode 3AT00, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the EPA office listed above; and

the Delaware Department of Natural

Resources & Environmental Control, 89

Kings Highway, P.O. Box 1401, Dover,

Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose

Quinto, (215) 597–3164, at the EPA

Region III address above.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title (Delaware Ozone

Emission Inventory) which is located in

the Rules and Regulations section of this

Federal Register.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: November 27, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 96–921 Filed 1–23–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[VA25–1; A–1–FRL–5402–1]

Approval and Promulgation of Air

Quality Implementation Plans;

Commonwealth of Virginia—

Prevention of Significant Deterioration

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to

disapprove or, in the alternative, to

conditionally approve a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Virginia. This revision, consisting of

two parts, establishes a program for

prevention of significant deterioration of

air quality (PSD). The first part includes

Virginia’s regulations and procedures

for a PSD program. The second part

includes amendments to those

regulations submitted as part of the SIP

revision. The intended effect of this

action is to propose disapproval or, in

the alternative, approval of Virginia’s

request to amend its SIP to satisfy

federal new source review requirements

for the preconstruction permitting of

new sources and modifications in

attainment and unclassifiable areas, on

the condition that deficiencies in the

state program are corrected and

submitted within one year of approval.

This action is being taken under the

Clean Air Act (CAA).

DATES: Comments must be received on

or before February 23, 1996. Public

comments on this document are

requested and will be considered before

taking final action on this SIP revision.

ADDRESSES: Comments may be mailed to

Marcia L. Spink, Associate Director, Air,

Radiation, and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, PA 19107. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours at the Air,

Radiation, and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, PA 19107, and at the

Virginia Department of Environmental

Quality, P.O. Box 10089, Richmond,

Virginia, 23240.

FOR FURTHER INFORMATION CONTACT: Lisa

M. Donahue (215) 597–2923, at the EPA

Region III address above.

SUPPLEMENTARY INFORMATION: In a series

of submittals, the Virginia Department

of Air Pollution Control (DAPC), now

known as the Department of

Environmental Quality (VDEQ),

submitted the elements for a revision to

its SIP that would establish a program

for the prevention of significant

deterioration of air quality (PSD) in the

review and permitting of new major

sources and major modifications (the

PSD program). On December 17 and 18,

1992, the VDEQ transmitted a request

for the approval of the Commonwealth’s

regulations for PSD and its ‘‘Procedures

for Implementation of Prevention of

Significant Deterioration (PSD) of Air

Quality Program (AQP–11)’’, a nonregulatory procedures document, as a

revision to the Virginia State

Implementation Plan. Specifically, the

December 17, 1992 submittal included

AQP–11, and the December 18, 1992

submittal consisted of Virginia

Regulation for the Control and

Abatement of Air Pollution, § 120–08–

02 Permits—Major Stationary Sources

and Major Modifications Locating in

Prevention of Significant Deterioration

Areas. On February 3, 1993, DAPC sent

a Summary of Public Testimony and

Response Thereto in order to satisfy

federal SIP revision completeness

criteria. On February 18, 1993 DAPC

sent Virginia Regulations Appendix L,

also to be included in the SIP revision.

On August 16, 1993 the VDEQ

submitted a supplementary revision to

§ 120–01–01 and 120–08–02 to correct

deficiencies in its earlier PSD

regulations.