Pages 22779±23006 Vol. 64 4±28±99 eDt 6AR9 82 p 7 99Jt134 O000Fm001Ft41 ft41 :F\M2AW.X fm2PsN:28APWS pfrm02 E:\FR\FM\28APWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt183247 18:29Apr27, 1999 VerDate 26-APR-99 No. 81 federal register April 28,1999 Wednesday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onhowtousetheFederalRegister 1 II Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. 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Contents Federal Register Vol. 64, No. 81

Wednesday, April 28, 1999

Agriculture Department PROPOSED RULES See Forest Service Hazardous waste: Identification and listing— Army Department Fossil fuel combustion; report to Congress, 22820– NOTICES 22821 Privacy Act: NOTICES Systems of records, 22839–22840 Agency information collection activities: Proposed collection; comment request, 22861–22862 Centers for Disease Control and Prevention Meetings: Performance-Based Measurement System; regional NOTICES workshops, 22862–22863 Grants and cooperative agreements; availability, etc.: Pesticide registration, cancellation, etc.: 5 A Day Nutrition Programs; State grants, 22868–22870 Isomeric active ingredients, 22863–22865 Uniroyal Chemical, Inc., 22865 Commerce Department See National Oceanic and Atmospheric Administration Equal Employment Opportunity Commission NOTICES Defense Department Senior Executive Service: See Army Department Performance Review Board; membership, 22866 See Navy Department RULES Executive Office of the President Privacy Act; implementation, 22784–22789 See Management and Budget Office PROPOSED RULES See Presidential Documents Acquisition regulations: Foreign military sales customer observation of Federal Aviation Administration negotiations, 22825–22826 RULES Uniform procurement instrument identification, 22822– Airworthiness directives: 22825 Alexander Schleicher Segelflugzeugbau, 22779–22780 NOTICES Eurocopter France, 22782–22784 Privacy Act: Raytheon, 22780–22782 Systems of records, 22837–22839 PROPOSED RULES Airworthiness directives: Education Department Airbus, 22816–22818 NOTICES McDonnell Douglas, 22818–22819 Agency information collection activities: Submission for OMB review; comment request, 22853– Federal Communications Commission 22854 RULES Committees; establishment, renewal, termination, etc.: Common carrier services: National Institute on Disability and Rehabilitation Federal-State Joint Board on Universal Service— Research standing panels; peer reviewers, 22949– Schools, libraries, and rural health care universal 22951 service support mechanism; fiscal year change Grants and cooperative agreements; availability, etc.: from calendar to fiscal year cycle, etc., 22806– Community Technology Centers Program, 22953–22979 22810 International common carriers; biennial regulatory review Energy Department Correction, 22903 See Federal Energy Regulatory Commission Federal Emergency Management Agency Environmental Protection Agency NOTICES RULES Grants and cooperative agreements; availability, etc.: Air programs: Emergency Food and Shelter Program, 22911–22947 Stratospheric ozone protection— Ozone-depleting substances; substitutes list, 22981– Federal Energy Regulatory Commission 23002 NOTICES Air quality implementation plans; approval and Hydroelectric applications, 22857–22861 promulgation; various States: Applications, hearings, determinations, etc.: Virginia, 22789–22792 Equitrans, L.P., 22854 Pesticides; tolerances in food, animal feeds, and raw Florida Gas Transmission Co., 22854–22855 agricultural commodities: KN Interstate Gas Transmission Co., 22855 Beauveria bassiana (ATCC No. 74040), 22793–22796 Northern Natural Gas Co., 22855–22856 Bifenthrin, 22799–22802 Tennessee Gas Pipeline Co., 22856 Fluroxypyr 1-methylheptyl ester, 22797–22799 Trunkline Gas Co., 22856–22857 Sulfosate, 22802–22806 Williams Gas Pipelines Central, Inc., 22857

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Federal Reserve System Internal Revenue Service NOTICES PROPOSED RULES Banks and bank holding companies: Excise taxes: Formations, acquisitions, and mergers, 22866 Prepaid telephone cards; communications excise tax; Nonbanking activities, 22866–22867 hearing cancellation, 22819–22820

Financial Management Service International Trade Commission See Fiscal Service NOTICES Meetings; Sunshine Act, 22876–22877

Fiscal Service Management and Budget Office RULES NOTICES Federal claims collection: Budget rescissions and deferrals Transfer of debts to Treasury Department for collection, Cumulative reports, 22877–22881 22905–22909 National Highway Traffic Safety Administration Fish and Wildlife Service NOTICES NOTICES Motor vehicle safety standards; exemption petitions, etc.: Comprehensive conservation plans; availability, etc.: General Motors Corp., 22897 Deep Fork National Wildlife Refuge, OK, 22875 Endangered and threatened species: National Oceanic and Atmospheric Administration Incidental take permits— RULES Balcones Canyonlands Preserve, TX, et al., 22875– Fishery conservation and management: 22876 Alaska; fisheries of Exclusive Economic Zone— Deep-water species, 22815 Forest Service Gulf of Alaska groundfish, 22814–22815 NOTICES West Coast States and Western Pacific fisheries— Environmental statements; notice of intent: Western Pacific bottomfish, 22810–22814 Allegheny National Forest, PA, 22831 PROPOSED RULES Jurisdictional transfers: International fisheries regulations: Mark Twain National Forest, MO, 22831–22833 Pacific halibut— Sitka Sound; local area management plan, 22826–22830 NOTICES General Accounting Office Marine mammals: NOTICES Incidental taking; authorization letters, etc.— Committees; establishment, renewal, termination, etc.: La Jolla Children’s Pool, CA; Pacific harbor seals; Medicare Payment Advisory Commission, 22867 withdrawn, 22834 Meetings: Health and Human Services Department Caribbean Fishery Management Council, 22834–22835 See Centers for Disease Control and Prevention New England Fishery Management Council, 22835–22836 See Health Care Financing Administration South Atlantic Fishery Management Council, 22836 See Substance Abuse and Mental Health Services Western Pacific Fishery Management Council, 22836– Administration 22837 NOTICES Agency information collection activities: National Science Foundation Submission for OMB review; comment request, 22867– NOTICES 22868 Meetings; Sunshine Act, 22877

Health Care Financing Administration Navy Department NOTICES NOTICES Medicaid: Privacy Act: State plan amendments, reconsideration; hearings— Systems of records, 22840–22853 Minnesota, 22871–22872 Meetings: Nuclear Regulatory Commission Competitive Pricing Advisory Committee, 22872–22873 NOTICES Meetings; Sunshine Act, 22877

Housing and Urban Development Department Office of Management and Budget NOTICES See Management and Budget Office Agency information collection activities: Submission for OMB review; comment request, 22873– Presidential Documents 22874 PROCLAMATIONS Organization, functions, and authority delegations: Special observances: Housing-Federal Housing Administration Comptroller, Science and Technology Week, National (Proc. 7188), 22874 23003–23006

Interior Department Public Debt Bureau See Fish and Wildlife Service See Fiscal Service

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Public Health Service See National Highway Traffic Safety Administration See Centers for Disease Control and Prevention See Surface Transportation Board See Substance Abuse and Mental Health Services Administration Treasury Department See Fiscal Service Securities and Exchange Commission See Internal Revenue Service NOTICES Self-regulatory organizations; proposed rule changes: Veterans Affairs Department Pacific Exchange, Inc., 22888–22896 NOTICES Applications, hearings, determinations, etc.: Agency information collection activities: Gabelli Equity Trust Inc. et al., 22882–22883 Submission for OMB review; comment request, 22898– Nations Fund Trust et al., 22883–22886 STI Classic Funds et al., 22886–22888 22902 Small Business Administration NOTICES Separate Parts In This Issue Agency information collection activities: Submission for OMB review; comment request, 22896 Part II Applications, hearings, determinations, etc.: Department of Treasury, Fiscal Service, 22905–22909 RFE VI SBIC, L.P., 22896 Part III Social Security Administration Department of Commerce, Federal Emergency Management RULES Social security benefits and supplemental security income: Agency, 22911–22947 Federal old age, survivors, and disability insurance, and aged, blind, and disabled— Part IV Substantial gainful activity amounts; average monthly Department of Education, 22949–22951 earnings guidelines; correction, 22903 Part V Substance Abuse and Mental Health Services Department of Education, 22953–22979 Administration NOTICES Part VI Meetings: Environmental Protection Agency, 22981–23002 Drug Testing Advisory Board, 22873 Part VII Surface Transportation Board The President, 23003–23006 NOTICES Railroad operation, acquisition, construction, etc.: New Orleans & Gulf Coast Railway Co., 22897–22898 New Orleans Lower Coast Railroad Co., Inc., 22898 Reader Aids Consult the Reader Aids section at the end of this issue for Transportation Department phone numbers, online resources, finding aids, reminders, See Federal Aviation Administration and notice of recently enacted public laws.

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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.

3 CFR Proclamation: 7188...... 23005 14 CFR 39 (3 documents) ...... 22779, 22780, 22782 Proposed Rules: 39 (2 documents) ...... 22816, 22818 20 CFR 404...... 22903 416...... 22903 26 CFR Proposed Rules: 49...... 22819 31 CFR 285...... 22906 32 CFR 311...... 22784 40 CFR 52...... 22820 82...... 22982 180 (4 documents) ...... 22793, 22797, 22799, 22802 Proposed Rules: 261...... 22820 47 CFR 54...... 22806 63...... 22903 48 CFR Proposed Rules: 201...... 22822 204...... 22822 225...... 22825 50 CFR 660...... 22810 679 (2 documents) ...... 22814, 22815 Proposed Rules: 300...... 22826

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Rules and Regulations Federal Register Vol. 64, No. 81

Wednesday, April 28, 1999

This section of the FEDERAL REGISTER Segelflugzeugbau, Postfach 60, 36163 The FAA’s Determination contains regulatory documents having general Poppenhausen, Germany; telephone: After careful review of all available applicability and legal effect, most of which ++49 (0) 6658–890; facsimile: ++49 (0) are keyed to and codified in the Code of information related to the subject 6658–8923. This information may also presented above, the FAA has Federal Regulations, which is published under be examined at the Federal Aviation 50 titles pursuant to 44 U.S.C. 1510. determined that air safety and the Administration (FAA), Central Region, public interest require the adoption of The Code of Federal Regulations is sold by Office of the Regional Counsel, the rule as proposed except for minor the Superintendent of Documents. Prices of Attention: Rules Docket No. 98–CE–98– editorial corrections. The FAA has new books are listed in the first FEDERAL AD, Room 1558, 601 E. 12th Street, determined that these minor corrections REGISTER issue of each week. Kansas City, Missouri 64106; or at the will not change the meaning of the AD Office of the Federal Register, 800 North and will not add any additional burden Capitol Street, NW., suite 700, DEPARTMENT OF TRANSPORTATION upon the public than was already Washington, DC. proposed. Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Mr. Compliance Time of This AD Mike Kiesov, Aerospace Engineer, FAA, 14 CFR Part 39 Small Airplane Directorate, 1201 This unsafe condition is not a result Walnut, suite 900, Kansas City, Missouri of the number of times the sailplane is [Docket No. 98±CE±98±AD; Amendment 39± operated. The chance of this situation 11142; AD 99±09±09] 64106; telephone: (816) 426–6932; facsimile: (816) 426–2169. occurring is the same for a sailplane RIN 2120±AA64 with 10 hours time-in-service (TIS) as it SUPPLEMENTARY INFORMATION: would be for a sailplane with 500 hours Airworthiness Directives; Alexander Events Leading to the Issuance of This TIS. For this reason, the FAA has Schleicher Segelflugzeugbau Model AD determined that a compliance based on ASH 26E Sailplanes calendar time will be utilized in this AD A proposal to amend part 39 of the in order to assure that the unsafe AGENCY: Federal Aviation Federal Aviation Regulations (14 CFR Administration, DOT. condition is addressed on all sailplanes part 39) to include an AD that would in a reasonable time period. ACTION: Final rule. apply to all Alexander Schleicher Model ASH 26E sailplanes was published in Differences Between the German AD, SUMMARY: This amendment adopts a the Technical Note, and This AD new airworthiness directive (AD) that the Federal Register as a notice of Both Alexander Schleicher Technical applies to all Alexander Schleicher proposed rulemaking (NPRM) on Note No. 6, dated August 10, 1998, and Segelflugzeugbau (Alexander January 5, 1999 (64 FR 445). The NPRM German AD 98–347, dated September Schleicher) Model ASH 26E sailplanes. proposed to require inspecting the red 10, 1998, specify the initial inspection This AD requires inspecting the red silicone tube of the rotor interior air prior to further flight. silicone tube of the rotor interior air cooling system (just in front of the The FAA does not have justification cooling system (just in front of the carburetor) for oil leaks and the heat through its regulatory process to require carburetor ) for oil leaks and the heat damping layer of the lower exhaust the inspection prior to further flight. To damping layer of the lower exhaust damper fairing for oil contamination, assure that no affected sailplane is damper fairing for oil contamination, and replacing the applicable parts inadvertently grounded, the FAA is and replacing the applicable parts where oil leakage or contamination is utilizing a compliance time of 1 where oil leakage or contamination is found. calendar month for the initial found. This AD is the result of Accomplishment of the proposed inspection. mandatory continuing airworthiness inspection as specified in the NPRM information (MCAI) issued by the would be required in accordance with Cost Impact Alexander Schleicher Technical Note airworthiness authority for Germany. The FAA estimates that 8 sailplanes The actions specified by this AD are No. 6, dated August 10, 1998. The possible replacements as specified in in the U.S. registry will be affected by intended to detect and correct any oil- this AD, that it will take approximately contaminated exhaust damper fairing the NPRM would be required to be accomplished in accordance with the 1 workhour per sailplane to accomplish caused by oil leakage in the red silicone the inspection, and that the average tube of the rotor interior air cooling applicable maintenance manual or other applicable FAA-approved document. labor rate is approximately $60 an hour. system, which could result in an Based on these figures, the total cost exhaust fire and/or an explosion. The NPRM was the result of impact of the inspection on U.S. DATES: Effective June 7, 1999. mandatory continuing airworthiness operators is estimated to be $480, or $60 The incorporation by reference of information (MCAI) issued by the per sailplane. certain publications listed in the airworthiness authority for Germany. These figures only take into account regulations is approved by the Director Interested persons have been afforded the costs of the inspection and do not of the Federal Register as of June 7, an opportunity to participate in the take into account the costs associated 1999. making of this amendment. No with any parts replacement that will be ADDRESSES: Service information that comments were received on the necessary if oil leakage or applies to this AD may be obtained from proposed rule or the FAA’s contamination is found. The FAA has Alexander Schleicher GmbH & Co., determination of the cost to the public. no way of determining the number of

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The regulations adopted herein will The request should include an assessment of not have substantial direct effects on the Note 3: The subject of this AD is addressed the effect of the modification, alteration, or in German AD 98–347, dated September 10, States, on the relationship between the repair on the unsafe condition addressed by 1998. national government and the States, or this AD; and, if the unsafe condition has not (f) This amendment becomes effective on on the distribution of power and been eliminated, the request should include June 7, 1999. specific proposed actions to address it. responsibilities among the various Issued in Kansas City, Missouri, on April levels of government. Therefore, in Compliance: Required as indicated in the 15, 1999. accordance with Executive Order 12612, body of this AD, unless already accomplished. Michael Gallagher, it is determined that this final rule does Manager, Small Airplane Directorate, Aircraft not have sufficient federalism To detect and correct any oil-contaminated exhaust damper fairing caused by oil leakage Certification Service. implications to warrant the preparation in the red silicone tube of the rotor interior [FR Doc. 99–10169 Filed 4–27–99; 8:45 am] of a Federalism Assessment. air cooling system, which could result in an BILLING CODE 4910±13±P For the reasons discussed above, I exhaust fire and/or an explosion, accomplish certify that this action (1) is not a the following: ‘‘significant regulatory action’’ under (a) Within the next calendar month after DEPARTMENT OF TRANSPORTATION Executive Order 12866; (2) is not a the effective date of this AD, inspect the red ‘‘significant rule’’ under DOT silicone tube of the rotor interior air cooling Federal Aviation Administration Regulatory Policies and Procedures (44 system (just in front of the carburetor ) for oil FR 11034, February 26, 1979); and (3) leaks and the heat damping layer of the lower 14 CFR Part 39 exhaust damper fairing for oil contamination, will not have a significant economic in accordance with the Action section of [Docket No. 99±CE±11±AD; Amendment 39± impact, positive or negative, on a Alexander Schleicher Technical Note No. 6, 11148; AD 99±09±15] substantial number of small entities dated August 10, 1998. Prior to further flight, under the criteria of the Regulatory replace the applicable parts where oil leakage RIN 2120±AA64 or contamination is found, in accordance Flexibility Act. A copy of the final Airworthiness Directive; Raytheon evaluation prepared for this action is with the applicable maintenance manual or other applicable FAA-approved document. Aircraft Company Beech Models A36, contained in the Rules Docket. A copy B36TC, 58, 58A, C90A, B200, B300, and of it may be obtained by contacting the (b) Special flight permits may be issued in accordance with sections 21.197 and 21.199 1900D Airplanes Rules Docket at the location provided of the Federal Aviation Regulations (14 CFR under the caption ADDRESSES. 21.197 and 21.199) to operate the sailplane AGENCY: Federal Aviation Administration, DOT. List of Subjects in 14 CFR Part 39 to a location where the requirements of this AD can be accomplished. ACTION: Final rule; request for Air transportation, Aircraft, Aviation (c) An alternative method of compliance or comments. safety, Incorporation by reference, adjustment of the compliance times that Safety. provides an equivalent level of safety may be SUMMARY: This amendment adopts a approved by the Manager, Small Airplane new airworthiness directive (AD) that Adoption of the Amendment Directorate, FAA, 1201 Walnut, suite 900, applies to certain Raytheon Aircraft Accordingly, pursuant to the Kansas City, Missouri 64106. The request Company (Raytheon) Beech Models authority delegated to me by the shall be forwarded through an appropriate A36, B36TC, 58, 58A, C90A, B200, Administrator, the Federal Aviation FAA Maintenance Inspector, who may add comments and then send it to the Manager, B300, and 1900D airplanes. This AD Administration amends part 39 of the Small Airplane Directorate. requires inspecting for interference or Federal Aviation Regulations (14 CFR Note 2: Information concerning the inadequate clearance between the flight part 39) as follows: existence of approved alternative methods of control mechanism and any component compliance with this AD, if any, may be located forward of the instrument panel. PART 39ÐAIRWORTHINESS obtained from the Small Airplane If interference or inadequate clearance is DIRECTIVES Directorate. found, this AD requires securing all 1. The authority citation for part 39 (d) Questions or technical information components so that they are clear of the continues to read as follows: related to Alexander Schleicher Technical flight control mechanism. This AD is Note No. 6, dated August 10, 1998, should be the result of an incident where the Authority: 49 U.S.C. 106(g), 40113, 44701. directed to Alexander Schleicher GmbH & electrical/avionics wires made contact Co., Segelflugzeugbau, Postfach 60, 36163 § 39.13 [Amended] with and restricted the control system of Poppenhausen, Germany; telephone: ++49 (0) the affected airplanes. The actions 2. Section 39.13 is amended by 6658–890; facsimile: ++49 (0) 6658–8923. adding a new airworthiness directive This service information may be examined at specified by this AD are intended to (AD) to read as follows: the FAA, Central Region, Office of the prevent any component or wiring from Regional Counsel, Room 1558, 601 E. 12th interfering with the flight control 99–09–09 Alexander Schleicher Street, Kansas City, Missouri 64106. mechanism caused by inadequate Segelflugzeugbau: Amendment 39– (e) The inspection required by this AD clearance, which could result in 11142; Docket No. 98–CE–98–AD. shall be done in accordance with Alexander reduced or loss of aileron and/or Applicability: Model ASH 26E sailplanes, Schleicher Technical Note No. 6, dated elevator control. all serial numbers, certificated in any August 10, 1998. This incorporation by DATES: Effective May 18, 1999. category. reference was approved by the Director of the Note 1: This AD applies to each sailplane Federal Register in accordance with 5 U.S.C. The incorporation by reference of identified in the preceding applicability 552(a) and 1 CFR part 51. Copies may be certain publications listed in the provision, regardless of whether it has been obtained from Alexander Schleicher GmbH & regulations is approved by the Director modified, altered, or repaired in the area Co., Segelflugzeugbau, Postfach 60, 36163 of the Federal Register as of May 18, subject to the requirements of this AD. For Poppenhausen, Germany. Copies may be 1999.

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Comments for inclusion in the Rules Mandatory Service Bulletin SB 27–3232, evaluating the effectiveness of the AD Docket must be received on or before Issued: March, 1999. action and determining whether June 18, 1999. additional rulemaking action would be The FAA’s Determination ADDRESSES: Submit comments in needed. triplicate to the Federal Aviation After examining the circumstances Comments are specifically invited on Administration (FAA), Central Region, and reviewing all available information the overall regulatory, economic, Office of the Region Counsel, Attention: related to the incidents described above, environmental, and energy aspects of Rules Docket No. 99–CE–11–AD, Room including the relevant service the rule that might suggest a need to 1558, 601 E. 12th Street, Kansas City, information, the FAA has determined modify the rule. All comments Missouri 64106. that AD action should be taken to submitted will be available, both before Service information that applies to prevent any components or wiring from and after the closing date for comments, this AD may be obtained from the interfering with the flight control in the Rules Docket for examination by Raytheon Aircraft Company, P.O. Box mechanism caused by inadequate interested persons. A report that 85, Wichita, Kansas 67201–0085; clearance, which could result in summarizes each FAA-public contact telephone: (800) 429–5472 or (316) 676– reduced or loss of aileron and/or concerned with the substance of this AD 3140. This information may also be elevator control. will be filed in the Rules Docket. examined at the Federal Aviation Explanation of the Provisions of the AD Commenters wishing the FAA to Administration (FAA), Central Region, acknowledge receipt of their comments Since an unsafe condition has been Office of the Regional Counsel, submitted in response to this rule must identified that is likely to exist or Attention: Rules Docket No. 99–CE–11– submit a self-addressed, stamped develop in other Raytheon Beech AD, Room 1558, 601 E. 12th Street, postcard on which the following Models A36, B36TC, 58, 58A, C90A, Kansas City, Missouri 64106; or at the statement is made: ‘‘Comments to B200, B300, and 1900D airplanes of the Office of the Federal Register, 800 North Docket No. 99–CE–11–AD.’’ The same type design, the FAA is issuing an Capitol Street, NW, suite 700, postcard will be date stamped and AD. This AD requires inspecting for Washington, DC. returned to the commenter. interference or inadequate clearance FOR FURTHER INFORMATION CONTACT: Mr. between the flight control mechanism Regulatory Impact Todd Dixon, Aerospace Engineer, FAA, and any component located forward of The regulations adopted herein will Wichita Aircraft Certification Office, the instrument panel. If interference or not have substantial direct effects on the 1801 Airport Road, Mid-Continent inadequate clearance is found, this AD States, on the relationship between the Airport, Wichita, Kansas 67209; requires securing all components so that national government and the States, or telephone: (316) 946–4152; facsimile: they are clear of the flight control on the distribution of power and (316) 946–4407. mechanism. Accomplishment of the responsibilities among the various SUPPLEMENTARY INFORMATION: required actions specified in this AD is levels of government. Therefore, in Discussion required in accordance with Raytheon accordance with Executive Order 12612, Mandatory Service Bulletin SB 27–3232, it is determined that this final rule does The FAA has received a report of an Issued: March, 1999. not have sufficient federalism incident where a Raytheon Beech Model implications to warrant the preparation 1900D airplane temporarily lost aileron Determination of the Effective Date of the AD of a Federalism Assessment. and elevator control when the control The FAA has determined that this column restricted. After applying Since a situation exists (possible loss regulation is an emergency regulation pressure several times to the control of aileron and/or elevator control) that that must be issued immediately to wheel, the airplane pilot was able to free requires the immediate adoption of this correct an unsafe condition in aircraft, the system and regain full control. Upon regulation, it is found that notice and and is not a significant regulatory action investigation of the incident, opportunity for public prior comment under Executive Order 12866. It has maintenance personnel found that the hereon are impracticable, and that good been determined further that this action electrical/avionics wiring that is located cause exists for making this amendment involves an emergency regulation under forward of the instrument panel was effective in less than 30 days. DOT Regulatory Policies and Procedures entangled in the flight control system Comments Invited (44 FR 11034, February 26, 1979). If it ‘‘T’’ column. To correct the problem, the is determined that this emergency wiring was secured away from the Although this action is in the form of regulation otherwise would be control column assembly. a final rule that involves requirements significant under DOT Regulatory affecting immediate flight safety and, Relevant Service Information Policies and Procedures, a final thus, was not preceded by notice and regulatory evaluation will be prepared Raytheon has issued Mandatory opportunity to comment, comments are and placed in the Rules Docket Service Bulletin SB 27–3232, Issued: invited on this rule. Interested persons (otherwise, an evaluation is not March, 1999, which specifies are invited to comment on this rule by required). A copy of it, if filed, may be procedures for inspecting for submitting such written data, views, or obtained from the Rules Docket. interference and inadequate clearance arguments as they may desire. between the flight control mechanism Communications should identify the List of Subjects in 14 CFR Part 39 and any component located forward of Rules Docket number and be submitted Air transportation, Aircraft, Aviation the instrument panel. in triplicate to the address specified safety, Incorporation by reference, Raytheon has also issued Safety above. All communications received on Safety. Communique No. 149, dated August or before the closing date for comments 1998; and Safety Communique No. 149, will be considered, and this rule may be Adoption of the Amendment Rev. 1, dated November 1998. These amended in light of the comments Accordingly, pursuant to the service documents pertain to the flight received. Factual information that authority delegated to me by the control clearance condition and contain supports the commenter’s ideas and Administrator, the Federal Aviation basically the same information as suggestions is extremely helpful in Administration amends part 39 of the

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Federal Aviation Regulations (14 CFR § 39.13 [Amended] part 39) as follows: 2. Section 39.13 is amended by adding a new airworthiness directive PART 39ÐAIRWORTHINESS (AD) to read as follows: DIRECTIVES 99–09–15 Raytheon Aircraft Company (All type certificates of the affected airplanes 1. The authority citation for part 39 previously held by the Beech Aircraft continues to read as follows: Corporation): Amendment 39–11148; Authority: 49 U.S.C. 106(g), 40113, 44701. Docket No. 99–CE–11–AD. Applicability: The following Beech airplane models and serial numbers, certificated in any category:

Model Serial Nos.

A36 ...... E±3058 through E±3156, E±3158 through E±3170, E±3172 through E±3177, E±3180 through E±3185, E±3187 through E±3198, E±3200, and E±3202. B36TC ...... EA±594 through EA±610, EA±613, EA±615, EA±616, EA±618, EA±619, and EA±621. 58 and 58A ...... TH±1806 through TH±1840, TH±1842 through TH±1854, TH±1856, TH±1860 through TH±1867, and TH±1870. C90A ...... LJ±1459 through LJ±1504, LJ±1506 through LJ±1523, and LJ±1525 through LJ±1530. B200 ...... BB±1551 through BB±1591, BB±1593 through BB±1622, and BB±1624 through BB±1627. B300 ...... FL±152 through FL±179, FL±181 through FL±187, FL±189, FL±190, FL±192, FL±194, FL±196 through FL±205, FL±207, FL±210, and FL±211. 1900D ...... UE±1 through UE±319, UE±321, UE±323 through UE±328, UE±330 and UE±332.

Note 1: This AD applies to each airplane (d) Special flight permits may be issued in DEPARTMENT OF TRANSPORTATION identified in the preceding applicability accordance with sections 21.197 and 21.199 provision, regardless of whether it has been of the Federal Aviation Regulations (14 CFR Federal Aviation Administration modified, altered, or repaired in the area 21.197 and 21.199) to operate the airplane to subject to the requirements of this AD. For a location where the requirements of this AD 14 CFR Part 39 airplanes that have been modified, altered, or can be accomplished. repaired so that the performance of the (e) An alternative method of compliance or [Docket No. 98±SW±54±AD; Amendment requirements of this AD is affected, the adjustment of the compliance times that 39±11150; AD 99±09±16] owner/operator must request approval for an provides an equivalent level of safety may be RIN 2120±AA64 alternative method of compliance in approved by the Manager, Wichita Aircraft accordance with paragraph (e) of this AD. Certification Office (ACO), 1801 Airport Airworthiness Directives; Eurocopter The request should include an assessment of Road, Room 100, Mid-Continent Airport, France (Eurocopter) Model SE 3130, the effect of the modification, alteration, or Wichita, Kansas 67209. The request shall be repair on the unsafe condition addressed by SE 313B, SA 3180, SA 318B, and SA forwarded through an appropriate FAA 318C Helicopters this AD; and, if the unsafe condition has not Maintenance Inspector, who may add been eliminated, the request should include comments and then send it to the Manager, AGENCY: Federal Aviation specific proposed actions to address it. Wichita ACO. Administration, DOT. Compliance: Required as indicated in the Note 2: Information concerning the body of this AD, unless already ACTION: Final rule; request for existence of approved alternative methods of comments. accomplished. compliance with this AD, if any, may be To prevent any components or wiring from obtained from the Wichita ACO. interfering with the flight control mechanism SUMMARY: This amendment supersedes caused by inadequate clearance, which could (f) The inspection and modification an existing airworthiness directive (AD), result in reduced or loss of aileron and/or required by this AD shall be done in applicable to Eurocopter Model SE elevator control, accomplish the following: accordance with Raytheon Mandatory 3130, SE 313B, SA 3180, SA 318B, and (a) Within the next 25 hours time-in- Service Bulletin SB 27–3232, Issued: March, SA 318C helicopters, that currently service after the effective date of this AD, 1999. This incorporation by reference was requires a visual inspection of the main inspect for interference or inadequate approved by the Director of the Federal rotor blade reinforcement strips for Register in accordance with 5 U.S.C. 552(a) clearance between the flight control debonding between the reinforcement mechanism and any component located and 1 CFR part 51. Copies may be obtained from the Raytheon Aircraft Company, P.O. strips of the blade; and a visual forward of the instrument panel. Perform this inspection of the main rotor blade action in accordance with the Box 85, Wichita, Kansas 67201–0085. Copies Accomplishment Instructions in Raytheon may be inspected at the FAA, Central Region, (blade) skin for cracks or corrosion, and Mandatory Service Bulletin SB 27–3232, Office of the Regional Counsel, Room 1558, replacement of the blade with an Issued: March, 1999. 601 E. 12th Street, Kansas City, Missouri, or airworthy blade if certain debonding or (b) If interference or inadequate clearance at the Office of the Federal Register, 800 a crack or corrosion is found. This is found during the inspection required by North Capitol Street, NW., suite 700, amendment requires additional paragraph (a) of this AD, prior to further Washington, DC. inspections using a tapping method, flight, secure all components clear of the (g) This amendment becomes effective on redefines the area to be inspected, and flight control mechanism as specified in the May 18, 1999. increases the repetitive inspection service bulletin. Issued in Kansas City, Missouri, on April interval. This amendment is prompted (c) If the actions required in paragraphs (a) 19, 1999. by an in-flight failure of a main rotor and (b) of this AD have been accomplished James E. Jackson, in accordance with Raytheon Safety blade on a Eurocopter SE 3130 Communique´ No. 149, Rev. 1, dated Acting Manager, Small Airplane Directorate, helicopter. The actions specified by this November 1998, or Raytheon Safety Aircraft Certification Service. AD are intended to detect bonding Communique´ No. 149, dated August 1998, [FR Doc. 99–10314 Filed 4–27–99; 8:45 am] separation, cracks, or corrosion in the then no further action is required by this AD. BILLING CODE 4910±13±P area of the blade root reinforcement

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Pursuant to this bilateral are invited to comment on this rule by Comments for inclusion in the Rules airworthiness agreement, the Direction submitting such written data, views, or Docket must be received on or before Generale De L’Aviation Civile, (DGAC) arguments as they may desire. June 28, 1999. which is the airworthiness authority for Communications should identify the France, has kept the FAA informed of ADDRESSES: Submit comments in Rules Docket number and be submitted the situation described above. The FAA in triplicate to the address specified triplicate to the Federal Aviation has examined the findings of the DGAC, Administration (FAA), Office of the under the caption ADDRESSES. All reviewed all available information, and communications received on or before Regional Counsel, Southwest Region, determined that AD action is necessary Attention: Rules Docket No. 98–SW–54– the closing date for comments will be for products of this type design that are considered, and this rule may be AD, 2601 Meacham Blvd., Room 663, certificated for operation in the United Fort Worth, Texas 76137. amended in light of the comments States. received. Factual information that The service information referenced in Since an unsafe condition has been this AD may be obtained from American supports the commenter’s ideas and identified that is likely to exist or suggestions is extremely helpful in Eurocopter Corporation, 2701 Forum develop on other Eurocopter Model SE Drive, Grand Prairie, Texas 75053–4005, evaluating the effectiveness of the AD 3130, SE 313B, SA 3180, SA 318B, and action and determining whether telephone (972) 641–3460, fax (972) SA 318C helicopters of the same type 641–3527. This information may be additional rulemaking action would be design, this AD supersedes AD 97–24– needed. examined at the FAA, Office of the 04 to require, before further flight, and Regional Counsel, Southwest Region, Comments are specifically invited on thereafter, at intervals not to exceed 100 the overall regulatory, economic, 2601 Meacham Blvd., Room 663, Fort hours time-in-service or 6 calendar Worth, Texas 76137; or at the Office of environmental, and energy aspects of months, whichever occurs first, an the rule that might suggest a need to the Federal Register, 800 North Capitol inspection of each blade spar skin and Street, NW., suite 700, Washington, DC. modify the rule. All comments blade root reinforcement area for submitted will be available, both before FOR FURTHER INFORMATION CONTACT: bonding separations, cracks, or and after the closing date for comments, Richard Monschke, Aerospace Engineer, corrosion, and replacement with an in the Rules Docket for examination by Rotorcraft Standards Staff, 2601 airworthy blade if any bonding interested persons. A report that Meacham Blvd., Fort Worth, Texas separation, crack, or corrosion is found. summarizes each FAA-public contact 76137, telephone (817) 222–5116, fax The actions are required to be concerned with the substance of this AD (817) 222–5961. accomplished in accordance with the will be filed in the Rules Docket. SUPPLEMENTARY INFORMATION: On service bulletin described previously. Commenters wishing the FAA to November 14, 1997 the FAA issued AD The short compliance time involved is acknowledge receipt of their comments 97–24–04, Amendment 39–10211 (62 required because the previously submitted in response to this rule must FR 62239, November 21, 1997), to described critical unsafe condition can submit a self-addressed, stamped require a visual inspection of each main adversely affect the controllability and postcard on which the following rotor blade reinforcement strip for structural integrity of the helicopter. statement is made: ‘‘Comments to debonding between the reinforcement Therefore the inspection and Docket No. 98–SW–54–AD.’’ The strips of a blade; and a visual inspection replacement, if necessary, is required postcard will be date stamped and of the blade skin for cracks or corrosion, prior to further flight and this AD must returned to the commenter. and replacement of the blade with an be issued immediately. The regulations adopted herein will airworthy blade if certain debonding or Since a situation exists that requires not have substantial direct effects on the a crack or corrosion is found. That the immediate adoption of this States, on the relationship between the action was prompted by an accident in regulation, it is found that notice and national government and the States, or which a blade separated in flight due to opportunity for prior public comment on the distribution of power and fatigue cracks in the blade that initiated hereon are impracticable, and that good responsibilities among the various from skin debonding or corrosion. That cause exists for making this amendment levels of government. Therefore, in condition, if not corrected, could result effective in less than 30 days. accordance with Executive Order 12612, in failure of a blade in flight and The FAA estimates that 14 helicopters it is determined that this final rule does subsequent loss of control of the will be affected by this proposed AD, not have sufficient federalism helicopter. that it will take approximately 1.5 work implications to warrant the preparation Since the issuance of that AD, hours to accomplish the inspections and of a Federalism Assessment. Eurocopter has issued Eurocopter 16 work hours to replace a blade, if The FAA has determined that this Service Bulletin No. 05.91, Revision No. necessary, and that the average labor regulation is an emergency regulation 1, dated September 28, 1998, which rate is $60 per work hour. Required that must be issued immediately to provides more detailed procedures for parts will cost approximately $40,000 correct an unsafe condition in aircraft, performing the inspections required in per replacement blade. Based on these and that it is not a ‘‘significant the AD by requiring a tapping test and figures, the total cost impact of the AD regulatory action’’ under Executive increases the repetitive inspection on U.S. operators is estimated to be Order 12866. It has been determined intervals from 25 hours time-in-service $88,220, assuming 5 inspections per further that this action involves an (TIS) to 100 hours TIS or 6 calendar helicopter, per year, and 2 main rotor emergency regulation under DOT months, whichever occurs first. blade replacements for the entire fleet. Regulatory Policies and Procedures (44

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FR 11034, February 26, 1979). If it is control of the helicopter, accomplish the Note 3: The subject of this AD is addressed determined that this emergency following: in Direction Generale de L’Aviation Civile regulation otherwise would be (a) Before further flight, and thereafter at (France) AD 97–135–055(A) R1, dated July significant under DOT Regulatory intervals not to exceed 100 hours time-in- 15, 1998 and AD 97–135–055(A)R2, dated December 16, 1998. Policies and Procedures, a final service (TIS) or 6 calendar months, whichever occurs first, inspect each blade regulatory evaluation will be prepared Issued in Fort Worth, Texas, on April 16, spar skin and blade root reinforcement strip 1999. and placed in the Rules Docket. A copy area for bonding separations, cracks, or Henry A. Armstrong, of it, if filed, may be obtained from the corrosion in accordance with paragraphs 2.A. Rules Docket at the location provided and 2.B. of the Accomplishment Instructions Manager, Rotorcraft Directorate, Aircraft Certification Service. under the caption ADDRESSES. of Eurocopter Service Bulletin No. 05.91 Revision No. 1, dated September 28, 1998 [FR Doc. 99–10349 Filed 4–27–99; 8:45 am] List of Subjects in 14 CFR Part 39 (SB). Notification to Eurocopter La BILLING CODE 4910±13±P Air transportation, Aircraft, Aviation Courneuve, Department E/SRPT is not safety, Incorporation by reference, required. Safety. (1) For the hatched areas (15 x 95mm and 8 x 95mm) on the upper and lower surfaces DEPARTMENT OF DEFENSE Adoption of the Amendment of each blade, if bonding separation is found, replace the blade with an airworthy blade Office of the Secretary Accordingly, pursuant to the prior to further flight (see Figure 1 of the SB). authority delegated to me by the (2) Bonding separation in the non-hatched 32 CFR Part 311 Administrator, the Federal Aviation area (8 x 95mm) of the upper and lower Administration amends part 39 of the surfaces of each blade is permissible but OSD Privacy Program Federal Aviation Regulations (14 CFR must be inspected using the tapping method part 39) as follows: at intervals not to exceed 25 hours TIS in AGENCY: Department of Defense. order to monitor possible propagation. If the ACTION: Final rule. PART 39ÐAIRWORTHINESS bonding separation reaches the hatched area, DIRECTIVES the blade must be replaced with an airworthy blade before further flight (see Figure 1 of the SUMMARY: This rule updates and 1. The authority citation for part 39 SB). implements procedures of the Privacy continues to read as follows: (b) Before further flight, and thereafter at Act Program in the Office of the intervals not to exceed 100 hours TIS or 6 Secretary of Defense (OSD) and Authority: 49 U.S.C. 106(g), 40113, 44701. calendar months, whichever occurs first, organizations provided Privacy Act § 39.13 [Amended] visually inspect for bonding separation, a administrative support by Washington crack, or corrosion on the upper and lower Headquarters Services (WHS). 2. Section 39.13 is amended by skin in the 100 x 95mm blade root area (see removing Amendment 39–10211 (62 FR Figure 1 of the SB). If a bonding separation DATES: This rule is effective February 4, 62239, November 21, 1997), and by in the hatched area, a crack, or corrosion is 1999. Comments must be received by adding a new airworthiness directive detected, replace the blade with an airworthy June 28, 1999. blade prior to further flight. (AD), Amendment 39–11150, to read as ADDRESSES: Forward comments to: DoD, follows: (c) An alternative method of compliance or adjustment of the compliance time that WHS(C&D)D&R(records), 1155 Defense AD 99–09–16 Eurocopter France: provides an acceptable level of safety may be Pentagon, Washington, DC 20301–1155. Amendment 39–11150. Docket No. 98– used if approved by the Manager, Rotorcraft FOR FURTHER INFORMATION CONTACT: SW–54–AD. Supersedes AD 97–24–04, Standards Staff, FAA, Rotorcraft Directorate. David Bosworth, 703–588–0159. Amendment 39–10211, Docket No. 97– Operators shall submit their requests through SW–22–AD. an FAA Principal Maintenance Inspector, SUPPLEMENTARY INFORMATION: Applicability: Model SE 3130, SE 313B, SA who may concur or comment and then send 3180, SA 318B, and SA 318C helicopters it to the Manager, Rotorcraft Standards Staff. Executive Order 12866, ‘‘Regulatory with main rotor blades, part number (P/N) Note 2: Information concerning the Planning and Review’’ 3130S11–10000-all part numbers, 3130S11– existence of approved alternative methods of It has been determined that 32 CFR 20000-all part numbers, or 3130S11–30000- compliance with this AD, if any, may be part 311 is not a significant regulatory all part numbers, installed, certificated in any obtained from the Rotorcraft Standards Staff. category. action. The rule does not: (d) Special flight permits will not be Note 1: This AD applies to each helicopter issued. (1) Have an annual effect to the identified in the preceding applicability (e) The inspection and replacement, if economy of $100 million or more or provision, regardless of whether it has been necessary, shall be done in accordance with adversely affect in a material way the otherwise modified, altered, or repaired in the Accomplishment Instructions of economy; a section of the economy; the area subject to the requirements of this Eurocopter Service Bulletin No. 05.91 productivity; competition; jobs; the AD. For helicopters that have been modified, Revision No. 1, dated September 28, 1998. environment; public health or safety; or altered, or repaired so that the performance This incorporation by reference was State, local, or tribal governments or of the requirements of this AD is affected, the approved by the Director of the Federal communities; owner/operator must request approval for an Register in accordance with 5 U.S.C. 552(a) alternative method of compliance in and 1 CFR part 51. Copies may be obtained (2) Create a serious inconsistency or accordance with paragraph (c) of this AD. from American Eurocopter Corporation, 2701 otherwise interfere with an action taken The request should include an assessment of Forum Drive, Grand Prairie, Texas 75053– or planned by another Agency; the effect of the modification, alteration, or 4005, telephone (972) 641–3460, fax (972) (3) Materially alter the budgetary repair on the unsafe condition addressed by 641–3527. Copies may be inspected at the impact of entitlements, grants, user fees, this AD; and, if the unsafe condition has not FAA, Office of the Regional Counsel, or loan programs, or the rights and been eliminated, the request should include Southwest Region, 2601 Meacham Blvd., obligations of recipients thereof; or specific proposed actions to address it. Room 663, Fort Worth, Texas; or at the Office Compliance: Required as indicated, unless of the Federal Register, 800 North Capitol (4) Raise novel legal or policy issues accomplished previously. Street, NW., suite 700, Washington, DC. arising out of legal mandates, the To prevent failure of a main rotor blade (f) This amendment becomes effective on President’s priorities, or the principles (blade) in flight and subsequent loss of May 13, 1999. set forth in this Executive Order.

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Public Law 96–354, ‘‘Regulatory Disclosure. The transfer of any § 311.5 Responsibilities. Flexibility Act’’ (5 U.S.C. 601) personal information from a system of (a) The Director of Administration It has been certified that this rule is records by any means of oral, written, and Management, Office of the Secretary not subject to the Regulatory Flexibility electronic, mechanical, or other of Defense (DA&M, OSD) shall: Act (5 U.S.C. 601) because it would not, communication, to any person, private (1) Direct and administer the DoD if promulgated, have a significant entity, or Government agency, other Privacy Program for OSD Components. economic impact on a substantial than the subject of the record, the (2) Establish standards and number of small entities. subject’s designated agent, or the procedures to ensure implementation of subject’s guardian. and compliance with the Privacy Act of Public Law 96–511, ‘‘Paperwork Individual. A living citizen of the 1974, OMB Circular No. A–130, and Reduction Act’’ (44 U.S.C. Chapter 35) United States or an alien lawfully DoD 5400.11–R. It has been certified that this part does admitted to the United States for (3) Designate the Director for Freedom not impose any reporting or permanent residence. The legal of Information and Security Review as recordkeeping requirements under the guardian of an individual has the same the point of contact for individuals Paperwork Reduction Act of 1995. rights as the individual and may act on requesting information of access to his or her behalf. records and copies about themselves. List of Subjects in 32 CFR Part 311 (4) Serve as the appellate authority Privacy. Individual access. Access to personal within OSD when a requester appeals a information pertaining to the Accordingly, 32 CFR part 311 is denial for access to records under the individual, by the individual, his or her revised to read as follows: Privacy Act. designated agent or legal guardian. (5) Serve as the appellate authority PART 311ÐOSD PRIVACY PROGRAM Maintain. Includes maintenance, within OSD when a requester appeals a collection, use or dissemination. denial for amendment of a record or Sec. initiates legal action to correct a record. 311.1 Purpose. Personal information. Information 311.2 Applicability and scope. about an individual that is intimate or (6) Evaluate and decide, in 311.3 Definitions. private, as distinguished from coordination with The General Counsel 311.4 Policy. information related solely to the of the Department of Defense (GC, DoD), 311.5 Responsibilities. individual’s official functions or public appeals resulting from denials of access 311.6 Procedures. life. or amendments to records by the OSD 311.7 Information requirements. Components. Authority: Pub. L. 93–579, 88 Stat. 1986 (5 § 311.4 Policy. (7) Designate the Directives and U.S.C. 552a). (a) It is DoD policy to safeguard Records Division, Correspondence and § 311.1 Purpose. personal information contained in any Directives Directorate, Washington Headquarters Services (WHS) as the This part updates and implements system of records maintained by any office responsible for all aspects of the basic policies and procedures outlined DoD Component and to permit any Privacy Act, except that portion about in 5 U.S.C. 552a, OMB Circular A–130,1 individual to know what existing receiving and acting on public requests and DoD 5400.11–R 2 and provides records pertain to him or her in any for personal records. As such, the guidance and procedures for use in OSD Component covered by this part. establishing the Privacy Program in the (b) Each office maintaining records Directives and Records Division shall: (i) Exercise oversight and Office of the Secretary of Defense (OSD) and information about individuals shall administrative control of the Privacy and those organizations assigned to OSD ensure that their privacy is protected Act Program in OSD and those for administrative support. from unauthorized disclosure of personal information. These offices organizations assigned to OSD for § 311.2 Applicability and scope. shall permit individuals to have access administrative support. (ii) Provide guidance and training to This part: to, and to have a copy made of all, or organizational entities as required by 5 (a) Applies to the OSD, the Chairman any portion of records about them, of the Joint Chiefs of Staff, Uniformed U.S.C. 552a and OMB Circular A–130. except as provided in Chapters 3 and 5, (iii) Collect and consolidate data from Services University of the Health DoD 5400.11–R, and to have an Sciences (USUHS) and other activities OSD Components, and submit an opportunity to request that such records annual report to the Defense Privacy assigned to OSD for administrative be amended as provided by the Privacy support hereafter referred to collectively Office, as required by 5 U.S.C. 552a, Act of 1974 and Chapter 3 of DoD OMB Circular A–130, and DoD 5400.11– as ‘‘OSD Components.’’ 5400.11–R. Individuals requesting (b) Covers record systems maintained R. access to their records shall receive by OSD Components and governs the (iv) Coordinate and consolidate concurrent consideration under 5 U.S.C. maintenance, access, change, and information for reporting all record 552a and the Freedom of Information release of information contained in OSD systems, as well as changes to approved Act, as amended, if appropriate. Component record systems, from which systems, to the OMB, the Congress, and information about an individual is (c) Heads of OSD Components shall the Federal Register, as required by 5 retrieved by a personal identifier. maintain any necessary record of a U.S.C. 552a, OMB Circular A–130, and personal nature that is individually DoD 5400.11–R. § 311.3 Definitions. identifiable in a manner that complies (v) Collect information from OSD Access. Any individual’s review of a with the law and DoD policy. Any Components, and prepare consolidated record or a copy of a record or parts of information collected must be as reports required by 5 U.S.C. 552a and a system of records. accurate, relevant, timely, and complete DoD 5400.11–R. as is reasonable to ensure fairness to the (b) The Director for Freedom of 1 Copies may be obtained by contacting EOP individual. Adequate safeguards must Information and Security Review shall: Publications, 725 16th Street, NW., NEOB, Washington, DC 20503. be provided to prevent misuse or (1) Forward requests for information 2 Copies may be obtained via internet at http:// unauthorized release of such or access to records to the appropriate web7.whs.osd.mil/corres.htm. information. OSD Component having primary

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OSD Components, under the Freedom of information about individuals to ensure (iii) Complying with procedures Information Act, as amended. that they are in compliance with 5 provided in DoD 5400.11–R for (2) Maintain deadlines to ensure that U.S.C. 552a. inspecting and/or obtaining copies of responses are made within the time (8) Establish administrative systems requested records. limits prescribed in DoD 5400.7–R,3 in OSD Component organizations to (iv) Submitting a written request to DoD Instruction 5400.10,4 and this part. comply with the procedures listed in amend the record to the system manager (3) Collect fees charged and assessed this part and DoD 5400.11–R. or to the office designated in the system for reproducing requested materials. (9) Coordinate with the GC, DoD on notice. (4) Refer all matters about all proposed denials of access to § 311.6 Procedures. amendments of records and general and records. specific exemptions under the 5 U.S.C. (10) Provide justification to the (a) Publication of notice in the 552a to the proper OSD Components. DFOISR when access to a record is Federal Register. (1) A notice shall be (c) The General Counsel of the denied in whole or in part. published in the Federal Register of any Department of Defense shall: record system meeting the definition of (11) Provide the record to the DFOISR (1) Coordinate all OSD final denials of a system of records in DoD 5400.11–R. when the initial denial of a request for appeals for amending records, and (2) Regarding new or revised records access to such record has been appealed review actions to confirm denial of systems, each OSD Component shall by the requester, or at the time of initial access to records, as appropriate. provide the Chief, Directives and denial when appeal seems likely. (2) Provide advice and assistance to Records Division with 90 days advance (12) Maintain an accurate account of the DA&M, OSD in the discharge of notice of any anticipated new or revised the actions resulting in a denial for appellate and review responsibilities, system of records. This material shall be access to a record or for the correction and to the DFOISR on all access matters. submitted to the OMB and to Congress of a record. This account should be (3) Provide advice and assistance to at least 60 days before use and to the maintained so that it can be readily OSD Components on legal matters Federal Register at least 30 days before certified as the complete record of pertaining to the Privacy Act of 1974. being put into use, to provide an proceedings if litigation occurs. (d) The Heads of the OSD opportunity for interested persons to Components shall: (13) Ensure that all personnel who submit written data, views, or (1) Designate an individual as the either have access to the system of arguments to the OSD Components. point of contact for Privacy Act matters; records, or who are engaged in Instructions on content and preparation designate an official to deny initial developing or supervising procedures are outlined in DoD 5400.11–R. requests for access to an individual’s for handling records in the system, are (b) Access to information on records records or changes to records; and aware of their responsibilities for systems. (1) Upon request, and as advise both DA&M, OSD and DFOISR of protecting personal information as provided by the Privacy Act, records names of officials so designated. established in the Privacy Act and DoD (2) Report any new record system, or shall be disclosed only to the individual 5400.11–R. they pertain to and under whose changes to an existing system, to the (14) Forward all requests for access to Chief, Directives and Records Division, individual name or identifier they are records received directly from an filed, unless exempted by provisions WHS, at least 90 days before the individual to the DFOISR for intended use of the system. stated in DoD 5400.11–R. appropriate suspense control and (2) There is not requirement under 5 (3) Review all contracts that provide recording. for maintaining records systems, by or U.S.C. 552a that a record be created or (15) Provide DFOISR with a copy of that an individual be given access to on behalf of his or her office, to ensure the requested record when the request is within his or her authority, that records that are not in a group of records granted. that meet this definition of a system of language is included that provides that (e) The requester who desires to such systems shall be maintained in a records in 5 U.S.C. 552a. submit a request is responsible for: (3) Granting access to a record manner consistent with 5 U.S.C. 552a. (1) Determining whether to submit the (4) Revise procurement guidance to containing personal information shall request in writing or in person. A ensure that any contract providing for not be conditioned upon any requester who seeks access to records the maintenance of a records system, by requirement that the individual state a pertaining to himself or herself which or on behalf of his or her office, includes reason or otherwise justify the need to are filed by his or her name or personal language that ensures that such system gain access. identifier: shall be maintained in accordance with (4) No verification of identity shall be 5 U.S.C. 552a. (i) May make such a request in person required of an individual seeking access (5) Revise computer and to the custodian of the records. If the to records that are otherwise available to telecommunications procurement requester is not satisfied with the the public. policies to ensure that agencies review response, however, in order to invoke (5) Individuals shall not be denied all proposed contracts for equipment any provision of 5 U.S.C. 552a, DoD access to a record in a system of records and services to comply with 5 U.S.C. 5400.11–R, or this part, the requester about themselves because those records 552a. must file a request in writing as are exempted from disclosure under (6) Coordinate with Automatic Data provided in § 311.6(b)(10). The DoD 5400.7–R. Individuals may only be Processing (ADP) and word processing requester must provide proof of identify denied access to a record in a system of managers providing services to ensure by showing drivers license or similar records about themselves when those that an adequate risk analysis is credentials. records are exempted from the access conducted to comply with DoD (ii) Describing the record sought, and provisions of the Privacy Act under DoD 5400.11–R. providing sufficient information to 5400.11–R, Chapter 5. enable the material to be located (e.g., (6) Individuals shall not be denied 3 See footnote 2 to § 311.1. identification of system of records, access to their records for refusing to 4 See footnote 2 to § 311.1. approximate date it was initiated, disclose their Social Security Numbers

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(SSNs), unless disclosure of the SSN is solely because they are in the exempt disputes. (1) The Head of an OSD required by statute, by regulation system, but they will have the same Component, or the designated official, adopted before January 1, 1975, or if the access that they would receive under shall allow individuals to request record’s filing identifier and only means DoD 5400.7–R. (Also see subsection amendment to their records to the of retrieval is by SSN. A.10., Chapter 3, DoD 5400.11–R).) extent that such records are not (7) Individuals may request access to (iii) Requests by the individuals for accurate, relevant, timely, or complete. their records, in person or by mail, in access to records or information about Requests should be as brief and as accordance with the procedures themselves and compiled for law simple as possible and should contain, outlined in paragraph (b)(8) of this enforcement purposes that are in as a minimum, identifying information section. records systems exempted from access to locate the record, as description of (8) Information necessary to identify a provisions will be processed under the items to be amended, and the reason record is: the individual’s name, date of subsection C.1., Chapter 5 of DoD for a change. A request shall not be birth, place of birth, identification of the 5400.11–R or DoD 5400.7–R, depending rejected nor required to be resubmitted records system as listed in the Federal upon which regulation gives the greater unless additional information is Register, or sufficient information to degree of access. (See also subsection A. essential to process the request. identify the type of records being 10., Chapter 3, DoD 5400.1–R) Requesters shall be required to provide sought, and the approximate date the (iv) Individual requests for access to verification of their identify as stated in records might have been created. Any records or information about themselves paragraph (b)(8) of this section, to individual making a request for access and complied for law enforcement ensure that they are seeking to amend to records in person shall come to the purposes exempted from access under records about themselves, and not, Directorate for Freedom of Information Section B, Chapter 5 of DoD 54.11–R, inadvertently or intentially, the records and Security Review (DFOISR), Room that are temporarily in the hands of a of others. 2C757, Pentagon, Washington, DC non-law enforcement element for (1) The appropriate system manager 20301–1155; and shall provide personal adjudicative or personnal actions, shall shall mail a written acknowledgement identification acceptable to the Director, be referred to the originating agency. to an individual’s request to amend a DFOISR, to verify the individual’s The requester will be informed in record within 10 days after receipt, identity (e.g., driver’s license, other writing of these referrals. excluding Saturdays, Sundays, and legal licenses, permits, or passes used for (12) The following procedures shall public holidays. Such acknowledgement routine identification purposes). apply to requests for illegible, shall identify the request and may, if (9) If an individual wishes to be incomplete, or partially exempt records: necessary, request any additional accompanied by a third party when (i) An individual shall not be denied information needed to make a seeking access to records or wishes to access to a record or a copy of a record determination. No acknowledgment is have the record released directly to a solely because the physical condition or necessary if the request can be third party, the individual may be format of the record does not make it reviewed, processed, and if the required to furnish a signed access readily available (e.g., deteriorated state individual can be notified of authorization granting the third party or on magnetic tape). The document compliance or denial within the 10–day access. will be prepared as an extract, or it will period. Whenever practical, the decision (10) Any individual submitting a be exactly recopied. shall be made within 30 working days. request by mail for access to information (ii) If a portion of the record contains For requests presented in person, shall address such request to the information that is exempt from access, written acknowledgment may be Directorate for Freedom of Information an extract or summary containing all of provided at the time the request is and Security Review, Pentagon, Room the information in the record that is presented. 2C757, Washington, DC 20301–1155. To releasable shall be prepared. (3) The Head of an OSD Component, verify the identity of the individual, the (iii) When the physical condition to or designated official, shall promptly request shall include either a signed the record makes it necessary to prepare take one of the following actions on notarized statement or an unsworn an extract for release, the extract shall requests to amend the records: declaration in the format specified by 28 be prepared so that the requester will (i) If the OSD Component official U.S.C. 1746. understand it. agrees with any portion or all of an (11) The following procedures shall (iv) The requester shall be informed of individual’s request, he or she will apply to requests for access to records all deletions or changes to records. proceed to amend the records in or information complied for law (13) Medical records shall be accordance with existing statutes, enforcement purposes: disclosed to the individual they pertain requlations, or administrative (i) Individuals requesting access to to, unless a determination is made in procedures, and inform the requester of records or information about themselves consultation with a medical doctor, that the action taken. The OSD Component and complied for law enforcement the disclosure could have adverse official shall also notify all previous purposes are processed under DoD effects on the individual’s physical or holders of the record that the 5400.11–R and DoD 5400.7–R to give mental health. Such information may be amendment has been made, and shall them the greater degree of access. transmitted to a medical doctor named explain the substance of the correction. (ii) Individual requests for access to by the individual concerned. If the (ii) If the OSD Component official records or information about themselves named medical doctor declines to disagrees with all or any portion of a and compiled for law enforcement provide the record to the individual, the request, the individual shall be purposes (and in the custody of law OSD Components shall take positive informed promptly of the refusal to enforcement activities) that have been action to ensure that the requested amend a record, the reason for the incorporated into the records system, records are provided the individual. refusal, and the procedure established exempted from the access provisions of (14) The individual may be charged by OSD for an appeal as outlined in 5 U.S.C. 552a, will be processed in reproduction fees for copies or records paragraph (c)(6) of this section. accordance with subsection C1.5.13 and as outlined in DoD 5400.11–R. (iii) If the request for an amendment Chapter 5, DoD 5400.7–R. Individuals (c) Requested to amend personal pertains to a record controlled and shall not be denied access to records information in records systems and maintained by another Federal Agency,

VerDate 26-APR-99 09:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm07 PsN: 28APR1 22788 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations the request shall be referred to the (vi) Of his or her right to seek judicial (C) Failure to maintain an accurate, appropriate Agency, and the requester review of the DA&M’s refusal to amend relevant, timely, and complete record advised of this: a record. that is used to make determinations (4) The following procedures shall be (8) If, after the review, the DA&M, adverse to the individual. used when reviewing records under OSD, determines that the record should (ii) An individual may also file a suit dispute: be amended in accordance with the against the United States for failure to (i) In response to a request for an individual’s request, the OSD implement a provision of the Privacy amendment to records, officials shall Component shall amend the record, Act when such failure leads to an determine whether the requester has advise the individual, and inform adverse determination. adequately supported their claim that previous recipients where an accounting (iii) If the individual’s suit is upheld, the record is inaccurate, irrelevant, of disclosure has been maintained. the court may direct the United States untimely, or incomplete. (9) All appeals should be processed to pay the court costs and attorney’s (ii) The Head of an OSD Component, within 30 days (excluding Saturdays, fees. or designated official, shall limit the Sundays, and legal public holidays) (2) Criminal action. (i) Criminal review of a record of those items of after receipt by the proper office. If the penalties may be imposed against an information that clearly bear on any DA&M determines that a fair and OSD officer or employee for certain determination to amend the records and equitable review cannot be made within offenses listed in section (i) of the shall ensure that all those elements are that time, the individual shall be Privacy Act, as follows: willful present before determination is made. informed in writing of the reasons for unauthorized disclosure of protected (5) If the Head of an OSD Component, the delay and of the approximate date information in the records; failure to or designated official, after an initial the review is expected to be completed. publish a notice of the existence of a review of a request to amend a record, (d) Disclosure of disputed record system in the Federal Register; disagrees with all or any portion of a information. (1) If the DA&M, OSD, has requesting or gaining access to the record, he or she shall: refused to amend a record and the individual’s record under false (i) Advise the individual of the denial individual has filed a statement under pretenses. and the reason for it. paragraph (c)(7) of this section, the OSD (ii) An OSD officer or employee may (ii) Inform the individual that he or Component shall clearly annotate the be fine up to $5,000 for a violation as she may appeal the denial. disputed record so that it is apparent to outlined in paragraph (e)(2)(i) of this (iii) Describe the procedures for any person to whom the record is section. appealing the denial including the name disclosed that a statement has been (3) Litigation status sheet. Whenever a and address of the official to whom the filed. Where feasible, the notation itself complaint citing 5 U.S.C. 552a is filed appeal should be directed. The shall be integral to the record. Where an in a U.S. District Court against the procedures should be as brief and accounting of a disclosure has been Department of Defense, a DoD simple as possible. made, the OSD Component shall advise component, or any DoD employee, the (iv) Furnish a copy of the justification previous recipients that the record has responsible system manager shall of any denial to amend a record to the been disputed and shall provide a copy promptly notify the Defense Privacy DA&M, OSD. of the individual’s statement. Office. The litigation status sheet in DoD (6) If an individual disagrees with the (i) This statement shall be maintained 5400.II–R provides a standard format for initial OSD determination, he or she to permit ready retrieval whenever the this notification. (The initial litigation may file an appeal. The request should disputed portion of the record is to be status sheet shall, as a minimum, be sent to the Director of Administration disclosed. provide the information required by and Management, Office of the Secretary (ii) When information that is the items 1. through 6.) A revised litigation of Defense (DA&M, OSD), 1950 Defense subject of a statement of dispute is status sheet shall be provided at each Pentagon, Washington, D.C. 20301– subsequently disclosed, the OSD stage of the litigation. When a court 1950, if the record is created and Component’s designated official shall renders a formal opinion or judgment, maintained by an OSD Component. note which information is disputed and copies of the judgment or opinion shall (7) If, after review, the DA&M, OSD provide a copy of the individual’s be provided to the Defense Privacy further refuses to amend the record as statement. Office with the litigation status sheet requested, he shall advise the (2) The OSD Component shall include reporting that judgment or opinion. individual: a brief summary of its reasons for not (f) Computer matching programs. (i) Of the refusal and the reason and making a correction when disclosing Paragraph B of Chapter 11 of DoD authority for the denial. disputed information. Such statement 5400.11–R prescribes that all requests (ii) Of his or her right to file a shall normally be limited to the reasons for participation in a matching program statement of the reason for disagreeing given to the individual for not amending (either as a matching agency or a source with the DA&M’s decision. the record. agency) be submitted to the Defense (iii) Of the procedures for filing a (3) Copies of the OSD Component’s Privacy Office for review and statement of disagreements. summary will be treated as part of the compliance. OSD Components shall (iv) That the statement filed shall be individual’s record; however, it will not submit these request through the made available to anyone the record is be subject to the amendment procedure Directives and Records Division. dislosed to, together with a brief outlined in paragraph (c)(3)(iii) of this statement, at the discretion of the OSD section. § 311.7 Information requirements. Component, summarizing its reasons for (e) Penalties—(1) Civil action. (i) An The Defense Privacy Office shall refusing to amend the records. individual may file a civil suit against establish requirements and deadlines for (v) That prior recipients of copies of the United States and may recover DoD privacy reports. These reports shall disputed records by provided by a copy damages, for: be licensed in accordance with DoD of any statement of dispute to the extent (A) Refusal to amend a record. Directive 8910.1.5 that an accounting of disclosure is (B) Improper denial of the access to a maintained. record. 5 See footnote 2 to § 311.1.

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Dated: April 22, 1999. nonattainment area. No comments were typographical correction, the L.M. Bynum, received on the proposal. Commonwealth also recodified Appendix T and renumbered it as 9 Alternate OSD Federal Register Liaison I. Background Officer, Department of Defense. VAC 5–40–311. [FR Doc. 99–10570 Filed 4–27–99; 8:45 am] The Clean Air Act requires states to Virginia’s rule 120–04–0408 requires submit rules to implement RACT on BILLING CODE 5001±10±M certain sources to comply with the major sources of NOX in ozone applicable emission limits established nonattainment areas designated as in Appendix T (now known as 9 VAC moderate or above and throughout the 5–40–311); or to apply for an alternative ENVIRONMENTAL PROTECTION Ozone Transport Region. The definition emission limit through a source-specific AGENCY of major source is determined by the RACT determination process. The classification of the nonattainment area emission limits of section C of 9 VAC 40 CFR Part 52 and whether or not it is located in the 5–40–311 do not cover all categories of [VA024±5042; FRL±6318±5] Ozone Transport Region. A portion of NOX sources. Section C specifically Virginia is part of the Metropolitan enacts emission limits for boilers/steam Approval and Promulgation of Air Washington D.C. serious ozone generating units, process heaters and gas Quality Implementation Plans; Virginia; nonattainment area and that same turbines. Other source categories, such Reasonably Available Control portion of Virginia is in the Ozone as incinerators, reciprocating internal Technology for Major Sources of Transport Region. Therefore, sources in combustion engines, cement Nitrogen Oxides the Virginia portion of the Washington manufacturing and iron/steel D.C. nonattainment area which emit or manufacturing are not covered in 9 VAC AGENCY: Environmental Protection have the potential to emit 50 tons or 5–40–311. Therefore, not all potential Agency (EPA). more of NOX per year are considered major NOX sources are subject to ACTION: Final rule. major and are subject to the NOX RACT specific, presumptive ‘‘up-front’’ (i.e. requirements of the Act. immediately ascertainable) emission SUMMARY: EPA is approving a State On November 9, 1992, the Virginia limits. Instead, the regulations establish Implementation Plan (SIP) revision Department of Environmental Quality a process for the Commonwealth to submitted by the Commonwealth of (VADEQ) submitted a revision to its SIP review and approve individual RACT Virginia. This revision establishes and consisting of adopted regulations to emission limitations proposed by the requires the implementation of impose NOX RACT on major sources in sources, which are then to be submitted reasonably available control technology the nonattainment area, known in state to EPA as SIP revisions. Additionally, (RACT) on major sources of nitrogen regulations as the Northern Virginia subsection 120–04–0408(B) of Virginia’s oxides (NOX) in the Virginia portion of Emissions Control Area. The VADEQ rule allows sources subject to the the Metropolitan Washington D.C. supplemented its November 1992 presumptive limits in Appendix T (now serious ozone nonattainment area. The submittal on December 11, 1992. On known as 9 VAC 5–40–311) to propose intended effect of this action is to grant August 11, 1998, the VADEQ made alternative RACT on a case-by-case basis conditional limited approval of another submittal to EPA withdrawing provided they submit the proposal by Virginia’s regulations to impose RACT certain provisions of the November 9, January 1, 1994. The proposal must on major sources of NOX. 1992 submittal, and forwarding include technical and economic support EFFECTIVE DATE: This final rule is revisions that corrected typographical documentation for the proposed RACT effective on May 28, 1999. errors and recodified and renumbered and include a schedule for compliance one of the relevant regulations, ADDRESSES: Copies of the documents as expeditiously as practical but no later Appendix T (now 9 VAC 5–40–311). relevant to this action are available for than May 31, 1995. The November 9, 1992 submittal public inspection during normal The Clean Air Act requires states to consisted of revisions to Virginia implement RACT on all major stationary business hours at the Air Protection Regulation 120–01, Part IV, Emission Division, U.S. Environmental Protection sources. Process-oriented generic Standards for General Process regulations, such as those submitted by Agency, Region III, 1650 Arch Street, Operations (Rule 4–4) and Appendix T, Philadelphia, Pennsylvania 19103; the Virginia, which do not include specific entitled ‘‘Reasonably Available Control and ascertainable emission limits for all Air and Radiation Docket and Technology Guidelines for Stationary Information Center, U.S. Environmental major sources, do not by themselves Sources of Nitrogen Oxides’’. Rule 4–4 provide standards for EPA to approve or Protection Agency, 401 M Street, SW, was amended to insert a new section, Washington, DC 20460; Virginia disapprove as satisfying the definition 120–04–0408, entitled ‘‘Standard for of RACT. Therefore, the Act’s RACT Department of Environmental Quality, nitrogen oxides’’. To accommodate the requirements are satisfied only after the 629 East Main Street, Richmond, insertion of section 120–04–0408, the specific limits imposed by the Virginia, 23219. revision also renumbered the previously Commonwealth on its major sources FOR FURTHER INFORMATION CONTACT: existing sections 120–04–0408 through have been submitted to EPA as SIP Kristeen Gaffney, (215) 814–2092. Or by 120–04–0418, inclusive, as sections revisions and approved by EPA as e-mail at 120–04–0409 through 120–04–0419, RACT for the subject sources. [email protected]. inclusive. On April 11, 1998, the In a November 7, 1996 policy memo SUPPLEMENTARY INFORMATION: On VADEQ submitted a revised version of from Sally Shaver, Director, Air Quality January 26, 1999 (64 FR 3891), EPA Appendix T to correct a technical error Strategies and Standards Division of the published a notice of proposed in the Virginia Register version of the Office of Air Quality Planning and rulemaking (NPR) for the final rule dated November 30, 1992. Standards, EPA issued guidance for Commonwealth of Virginia. The NPR This error was corrected by Virginia in approving state generic RACT proposed conditional limited approval the Virginia Register on June 23, 1997. regulations, like Virginia’s, provided of Virginia’s NOX RACT regulations for On April 11, 1998, the Commonwealth certain criteria are met. This guidance the Virginia portion of the Metropolitan submitted the corrected version of does not exempt any major source from Washington D.C. serious ozone Appendix T. In addition to the RACT requirements but instead

VerDate 26-APR-99 09:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm07 PsN: 28APR1 22790 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations provides for a de minimis deferral of when a regulated entity discovers such Therefore, EPA has determined that RACT only for the purposes of violations pursuant to a voluntary Virginia’s Privilege and Immunity approving the state’s generic RACT compliance evaluation and voluntarily statutes will not preclude the regulation. The de minimis deferral discloses such violations to the Commonwealth from enforcing its level is determined by using the 1990 Commonwealth and takes prompt and program consistent with the federal NOX emissions, excluding the utility appropriate measures to remedy the requirements. In any event, because boiler NOX emissions. The remaining violations. Virginia’s Voluntary EPA has also determined that a state 1990 non-utility boiler emissions are Environmental Assessment Privilege audit privilege and immunity law can then compared with the amount of non- Law, Va. Code Sec. 10.1–1198, provides affect only state enforcement and cannot utility NOX emissions that have yet to a privilege that protects from disclosure have any impact on federal enforcement have RACT approved into the SIP. documents and information about the authorities, EPA may at any time invoke Generally, EPA expects that all utility content of those documents that are the its authority under the Clean Air Act, boiler RACTs will be approved prior to product of a voluntary environmental including, for example, sections 113, application of this de minimis deferral assessment. The Privilege Law does not 167, 205, 211 or 213, to enforce the policy and possible conversion of the extend to documents or information (1) requirements or prohibitions of the state generic RACT conditional approval to that are generated or developed before plan, independently of any state full approval. EPA does not expect to the commencement of a voluntary enforcement effort. In addition, citizen defer more than 5 percent of the environmental assessment; (2) that are enforcement under section 304 of the emissions calculated in this manner in prepared independently of the Clean Air Act is likewise unaffected by order to fully approve Virginia’s generic assessment process; (3) that demonstrate this, or any, state audit privilege or NOX RACT regulation. In accordance a clear, imminent and substantial immunity law. with the November 1996 policy, EPA is danger to the public health or II. Terms of and Rationale for requiring that all utility boiler RACT environment; or (4) that are required by Conditional Limited Approval determinations be approved by EPA and law. all but a de minimis level of non-utility On January 12, 1997, the EPA is conditionally approving boiler RACT determinations be Commonwealth of Virginia Office of the Virginia’s NOX RACT regulations based approved into the SIP before the limited Attorney General provided a legal upon VADEQ’s April 11, 1998 approval can be converted to full opinion that states that the Privilege commitment to submit, as SIP revisions, approval. Full approval of a generic Law, Va. Code Sec. 10.1–1198, RACT determinations for all currently RACT regulation under this policy does precludes granting a privilege to known major sources subject to source- not change the Commonwealth’s documents and information ‘‘required specific NOX RACT requirements. In statutory obligation to implement RACT by law,’’ including documents and accordance with section 110(k)(4) the for all major sources. No major NOX information ‘‘required by federal law to Act (and consistent with the VADEQ’s source is being exempted from RACT maintain program delegation, commitment letter of April 11, 1998), requirements through this policy or authorization or approval,’’ since these RACT determinations must be today’s rulemaking. Virginia must ‘‘enforce federally submitted by May 30, 2000. Because EPA has not received SIP authorized environmental programs in a EPA is also granting limited approval revisions from the Commonwealth for manner that is no less stringent than of Virginia’s NOX RACT regulations, all source-specific RACT their federal counterparts. . . .’’ The rule 120–08–0408, and the provisions of determinations, EPA can at best, opinion concludes that ‘‘[r]egarding 9 VAC 5–40–311 (formerly Appendix T) according to the November 7, 1996 § 10.1–1198, therefore, documents or as submitted by the VADEQ. The policy memorandum, grant conditional other information needed for civil or current Virginia SIP does not contain a limited approval of Virginia’s NOX criminal enforcement under one of these general requirement that all major RACT generic rule. In a letter to EPA programs could not be privileged sources of NOX in the nonattainment dated April 11, 1998, the VADEQ because such documents and area must implement RACT. While EPA committed to submit, as SIP revisions, information are essential to pursuing does not believe that the Virginia NOX RACT determinations for all sources enforcement in a manner required by RACT regulations fully satisfy the either not subject to the presumptive federal law to maintain program requirements of the Act because of the emission limits in Appendix T or delegation, authorization or approval.’’ generic provisions allowing for source- electing alternative source-specific Virginia’s Immunity Law, Va. Code specific determinations, EPA is RACT requirements. The VADEQ Sec. 10.1–1199, provides that ‘‘[t]o the limitedly approving portions of committed to submit these RACT extent consistent with requirements Virginia’s NOX RACT regulations on the determinations within 12 months of imposed by Federal law,’’ any person basis that they strengthen the SIP. The EPA’s final conditional limited approval making a voluntary disclosure of purpose of the limited approval of the of its generic rule. information to a state agency regarding requirement to implement RACT and In 1995, Virginia adopted legislation a violation of an environmental statute, the presumptive emission limits on that provides, subject to certain regulation, permit, or administrative certain categories of sources is because conditions, for an environmental order is granted immunity from they strengthen the Virginia SIP by assessment (audit) ‘‘privilege’’ for administrative or civil penalty. The adding RACT standards for sources of voluntary compliance evaluations Attorney General’s January 12, 1997 NOX in the Virginia portion of the performed by a regulated entity. The opinion states that the quoted language Metropolitan Washington D.C. ozone legislation further addresses the relative renders this statute inapplicable to nonattainment area where none existed burden of proof for parties either enforcement of any federally authorized before. asserting the privilege or seeking programs, since ‘‘no immunity could be Other specific requirements of disclosure of documents for which the afforded from administrative, civil, or Virginia’s NOX RACT requirements and privilege is claimed. Virginia’s criminal penalties because granting the rationale for EPA’s action are legislation also provides, subject to such immunity would not be consistent explained in the Notice of Proposed certain conditions, for a penalty waiver with federal law, which is one of the Rulemaking and will not be restated for violations of environmental laws criteria for immunity.’’ here. No public comments were

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Final Action 12875 requires EPA to develop an matters that significantly or uniquely EPA is granting conditional limited effective process permitting elected affect their communities.’’ Today’s rule approval of the Commonwealth’s officials and other representatives of does not significantly or uniquely affect November 9, 1992 NOX RACT SIP state, local, and tribal governments ‘‘to the communities of Indian tribal submittal, as modified on December 11, provide meaningful and timely input in governments. This action does not 1992 and April 11, 1998. EPA’s the development of regulatory proposals involve or impose any requirements that conditional approval is based upon the containing significant unfunded affect Indian Tribes. Accordingly, the April 11, 1998 commitment made by mandates.’’ Today’s rule does not create requirements of section 3(b) of E.O. VADEQ to submit, within 12 months of a mandate on state, local or tribal 13084 do not apply to this rule. EPA’s final rulemaking of this NO governments. The rule does not impose X E. Regulatory Flexibility Act RACT SIP, source-specific RACT any enforceable duties on these entities. determinations for all currently known Accordingly, the requirements of The Regulatory Flexibility Act (RFA) major sources subject to source-specific section 1(a) of E.O. 12875 do not apply generally requires an agency to conduct NOX RACT requirements. EPA is also to this rule. a regulatory flexibility analysis of any rule subject to notice and comment granting limited approval because C. Executive Order 13045 adding RACT standards for major rulemaking requirements unless the sources of NOX in the Northern Virginia E.O. 13045, entitled ‘‘Protection of agency certifies that the rule will not Emissions Control Area where none Children from Environmental Health have a significant economic impact on existed before strengthens the SIP. Risks and Safety Risks’’ (62 FR 19885, a substantial number of small entities. To fulfill the conditions of this April 23, 1997), applies to any rule that Small entities include small businesses, approval, the Commonwealth must, by the EPA determines (1) is ‘‘economically small not-for-profit enterprises, and May 30, 2000: (1) Certify that it has significant,’’ as defined under E.O. small governmental jurisdictions. This submitted, as SIP revisions, RACT 12866, and (2) the environmental health final rule will not have a significant proposals for all sources subject to or safety risk addressed by the rule has impact on a substantial number of small a disproportionate effect on children. If entities because SIP approvals and source-specific NOX RACT requirements; or (2) demonstrate that the regulatory action meets both criteria, conditional approvals of SIP submittals the emissions from any remaining the Agency must evaluate the under section 110 and subchapter I, part subject sources represent a de minimis environmental health or safety effects of D of the CAA do not create any new level of emissions (as described above). the planned rule on children and requirements but simply approve Once EPA has determined that the explain why the planned regulation is requirements that the State is already Commonwealth has satisfied this preferable to other potentially effective imposing. Therefore, because the condition, EPA shall remove the and reasonably feasible alternatives Federal SIP approval does not impose conditional nature of its approval and considered by the Agency. any new requirements, I certify that it This final rule is not subject to E.O. does not have a significant impact on the Virginia NOX RACT regulations will, 13045 because it is not an economically at that time, retain limited approval any small entities affected. Moreover, significant regulatory action as defined status. Should the Commonwealth fail due to the nature of the Federal-State by E.O. 12866, and it does not address to meet the conditions specified above, relationship under the Clean Air Act, an environmental health or safety risk the final conditional limited approval of preparation of a flexibility analysis that would have a disproportionate would constitute Federal inquiry into the NOX RACT regulations SIP revision effect on children. shall convert to a disapproval. the economic reasonableness of state D. Executive Order 13084 action. The Clean Air Act forbids EPA IV. Administrative Requirements to base its actions concerning SIPs on Under E.O. 13084, EPA may not issue A. Executive Order 12866 such grounds. Union Electric Co. v. U.S. a regulation that is not required by EPA, 427 U.S. 246, 255–66 (1976); 42 The Office of Management and Budget statute, that significantly affects or U.S.C. 7410(a)(2). (OMB) has exempted this regulatory uniquely affects the communities of If the conditional approval is action from review under E.O. 12866, Indian tribal governments, and that converted to a disapproval under entitled ‘‘Regulatory Planning and imposes substantial direct compliance section 110(k), based on the State’s Review.’’ costs on those communities, unless the failure to meet the commitment, it will Federal government provides the funds B. Executive Order 12875 not affect any existing state necessary to pay the direct compliance requirements applicable to small Under E.O. 12875, EPA may not issue costs incurred by the tribal entities. Federal disapproval of the state a regulation that is not required by governments. If EPA complies by submittal does not affect its state- statute and that creates a mandate upon consulting, Executive Order 13084 enforceability. Moreover, EPA’s a state, local, or tribal government, requires EPA to provide to the Office of disapproval of the submittal does not unless the Federal government provides Management and Budget, in a separately impose a new Federal requirement. the funds necessary to pay the direct identified section of the preamble to the Therefore, I certify that this disapproval compliance costs incurred by those rule, a description of the extent of EPA’s action does not have a significant governments. If EPA complies by prior consultation with representatives impact on a substantial number of small consulting, E.O. requires EPA to provide of affected tribal governments, a entities because it does not remove to the Office of Management and Budget summary of the nature of their concerns, existing requirements nor does it a description of the extent of EPA’s and a statement supporting the need to substitute a new federal requirement. prior consultation with representatives issue the regulation. In addition, of affected state, local, and tribal Executive Order 13084 requires EPA to F. Unfunded Mandates governments, the nature of their develop an effective process permitting Under Section 202 of the Unfunded concerns, copies of written elected and other representatives of Mandates Reform Act of 1995

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(‘‘Unfunded Mandates Act’’), signed be challenged later in proceedings to from the Virginia Department of into law on March 22, 1995, EPA must enforce its requirements. (See section Environmental Quality transmitting prepare a budgetary impact statement to 307(b)(2).) Virginia regulation 9 VAC 5–40–311 accompany any proposed or final rule List of Subjects in 40 CFR Part 52 (formerly Appendix T) establishing that includes a Federal mandate that RACT requirements on major sources in may result in estimated annual costs to Environmental protection, Air the Northern Virginia Emissions Control pollution control, Incorporation by State, local, or tribal governments in the Area. aggregate; or to private sector, of $100 reference, Nitrogen dioxide, Ozone, million or more. Under Section 205, Reporting and recordkeeping (B) Addition of Virginia regulation 9 EPA must select the most cost-effective requirements. VAC 5–40–311, sections A, B, C.1, C.2, and least burdensome alternative that Dated: March 24, 1999. C.3.b, and C.3.d–g and Errata pages, achieves the objectives of the rule and W. Michael McCabe, establishing RACT requirements for major sources of NOX in the Northern is consistent with statutory Regional Administrator, Region III. requirements. Section 203 requires EPA Virginia Emissions Control Area, 40 CFR part 52 is amended as follows: to establish a plan for informing and effective on July 1, 1997. advising any small governments that PART 52Ð[AMENDED] (ii) Additional Material—Remainder may be significantly or uniquely of November 9, 1992 submittal and 1. The authority citation for part 52 impacted by the rule. supplemental information submitted by EPA has determined that the approval continues to read as follows: the Virginia Department of action promulgated does not include a Authority: 42 U.S.C. 7401 et seq. Federal mandate that may result in Environmental Quality on December 11, estimated annual costs of $100 million Subpart VVÐVirginia 1992 and August 11, 1998 pertaining to or more to either State, local, or tribal VAC 5–40–311. governments in the aggregate, or to the 2. Section 52.2420 is amended by 3. Section 52.2450 is amended by adding paragraphs (c)(131) and (c)(132) private sector. This Federal action adding paragraph (f) to read as follows: approves pre-existing requirements to read as follows: § 52.2450 Conditional approval. under State or local law, and imposes § 52.2420 Identification of plan. no new requirements. Accordingly, no * * * * * * * * * * additional costs to State, local, or tribal (c) * * * (f) Revisions to the Virginia State governments, or to the private sector, (131) Limited approval of revisions to Implementation Plan, pertaining to NOX result from this action. the Virginia State Implementation Plan RACT requirements on major sources in G. Submission to Congress and the submitted on November 9, 1992 by the the Northern Virginia Emissions Control Comptroller General Virginia Department of Environmental Area, Virginia regulations 120–04–0408 Quality: The Congressional Review Act, 5 and 9 VAC 5–40–311, submitted on (i) Incorporation by reference. November 9, 1992, December 11, 1992, U.S.C. 801 et seq., as added by the Small (A) Letters of November 9, 1992 and and August 11, 1998 by the Virginia Business Regulatory Enforcement December 11, 1992 from the Virginia Department of Environmental Quality Fairness Act of 1996, generally provides Department of Environmental Quality that before a rule may take effect, the transmitting Virginia rule 120–04–0408 are conditionally approved. Virginia must meet the following conditions by agency promulgating the rule must to implement major source NOX RACT submit a rule report, which includes a requirements in the Northern Virginia no later than May 30, 2000, in copy of the rule, to each House of the Emissions Control Area. accordance with criteria defined in the Congress and to the Comptroller General (B) Virginia regulation 120–04–0408, EPA Memorandum dated November 7, of the United States. EPA will submit a ‘‘Standard for Nitrogen Oxides’’, 1996 from the Director of the Air report containing this rule and other pertaining to major source NOX RACT Quality Strategies and Standards required information to the U.S. Senate, requirements, effective on January 1, Division of the Office of Air Quality the U.S. House of Representatives, and 1993. Planning and Standards, entitled the Comptroller General of the United (C) Renumbering of previously SIP ‘‘Approval Options for Generic RACT States prior to publication of the rule in approved sections in rule 120–04: –0408 Rules Submitted to Meet the Non-CTG the Federal Register. This rule is not a and –0409 to 120–04–0409 and –0410, VOC RACT Requirement and Certain ‘‘major rule’’ as defined by 5 U.S.C. respectively and previously SIP NOX RACT Requirements.’’ This 804(2). approved sections –0412 through –0418 memorandum is available at the office H. Petitions for Judicial Review to –0413 through –0419, respectively, of the U.S. Environmental Protection effective January 1, 1993. Agency, Region III, 1650 Arch Street, Under section 307(b)(1) of the Clean (ii) Additional Material—Remainder Philadelphia, PA 19103. These Air Act, petitions for judicial review of of November 9, 1992 submittal and conditions are: this action to conditionally limitedly supplemental information submitted by approve Virginia’s NOX RACT the Virginia Department of (1) The VADEQ must certify, in regulations must be filed in the United Environmental Quality on December 11, writing, that it has submitted, as SIP States Court of Appeals for the 1992 and August 11, 1998 pertaining to revisions, RACT determinations for all appropriate circuit by June 28, 1999. 120–04–0408. sources subject to source-specific NOX Filing a petition for reconsideration by (132) Limited approval of revisions to RACT requirements; or the Administrator of this final rule does the Virginia State Implementation Plan (2) The VADEQ must demonstrate not affect the finality of this rule for the submitted on November 9, 1992 and that the emissions from any remaining purposes of judicial review nor does it August 11, 1998 by the Virginia subject sources represent a de minimis extend the time within which a petition Department of Environmental Quality: level of emissions. for judicial review may be filed, and (i) Incorporation by reference. shall not postpone the effectiveness of (A) Letters of November 9, 1992, [FR Doc. 99–9603 Filed 4–27–99; 8:45 am] such rule or action. This action may not December 11, 1992 and August 11, 1998 BILLING CODE 6560±50±P

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ENVIRONMENTAL PROTECTION A copy of objections and hearing children and infants from dietary AGENCY requests filed with the Hearing Clerk exposure. The data submitted in support may be submitted electronically by of guideline requirements for plants 40 CFR Part 180 sending electronic mail (e-mail) to: opp- suggest that other plants, including [OPP±300821; FRL±6068±7] [email protected]. Copies of corn, are not likely to be at risk if the electronic objections and hearing pesticide is used as labeled. Also, the RIN 2070±AB78 requests must be submitted as an ASCII acute oral and pulmonary toxicity/ file avoiding the use of special Beauveria bassiana (ATCC #74040); pathogenicity studies of the technical characters and any form of encryption. Exemption from the Requirement of a grade active ingredient indicate that it is Copies of electronic objections and Tolerance neither toxic nor pathogenic to hearing requests will also be accepted mammals or humans. The registrant has AGENCY: Environmental Protection on disks in WordPerfect 5.1/6.1 file provided analytical methods and quality Agency (EPA). format or ASCII file format. All copies assurance procedures to control ACTION: Final rule. of electronic objections and hearing beauvericin, a potential metabolite, requests must be identified by the within regulatory levels. The data which SUMMARY: This rule establishes an docket number [OPP–300821]. No were submitted for this petition were exemption from the requirement of a Confidential Business Information (CBI) evaluated by the Agency and are tolerance for residues of the Beauveria should be submitted through e-mail. sufficient to support the exemption from bassiana (ATCC #74040) in or on all Copies of electronic objections and the requirement of a tolerance in or on food commodities when applied or used hearing requests on this rule may be all food commodities. A summary as ground and aerial foliar sprays for use filed online at many Federal Depository discussion of the reviews of the data only on terrestrial crops. TROY Libraries. submitted in support of this petition Biosciences, Incorporated, 2620 North FOR FURTHER INFORMATION CONTACT: By follows. 37th Drive, Phoenix, Arizona 85009, mail: Shanaz Bacchus, c/o Product submitted an amended petition PP Manager (PM) 90, Biopesticides and I. Risk Assessment and Statutory 5F4483 to EPA under the Federal Food, Pollution Prevention Division (7511C), Findings Drug and Cosmetic Act as amended by Environmental Protection Agency, 401 New section 408(b)(2)(A)(i) of the the Food Quality Protection Act of 1996 M St., SW, Washington, DC 20460. FFDCA allows EPA to establish an (Pub. L. 104–170) requesting the Office location, telephone number and exemption from the requirement for a exemption from tolerance. This e-mail address: Rm. 902W34, CM #2, tolerance (the legal limit for a pesticide regulation eliminates the need to 1921 Jefferson Davis Highway, chemical residue in or on a food) only establish a maximum permissible level Arlington, VA 22202, (703) 308–8097; e- if EPA determines that the tolerance is for residues of Beauveria bassiana mail: [email protected]. ‘‘safe.’’ Section 408(c)(2)(A)(ii) defines (ATCC #74040) in or on all food SUPPLEMENTARY INFORMATION: In the ‘‘safe’’ to mean that ‘‘there is a commodities. Federal Register of June 10, 1998, 63 FR reasonable certainty that no harm will DATES: This regulation is effective April 31771) (FRL–5793–4), EPA issued a result from aggregate exposure to the 28, 1999. Objections and requests for notice pursuant to section 408 of the pesticide chemical residue, including hearings must be received by EPA on or Federal Food, Drug, and Cosmetic Act all anticipated dietary exposures and all before June 28, 1999. (FFDCA), 21 U.S.C. 346a(e) announcing other exposures for which there is ADDRESSES: Written objections and the filing of a pesticide tolerance reliable information.’’ This includes hearing requests, identified by the petition by TROY Biosciences, exposure through drinking water and in docket control number [OPP–300821], Incorporated, 2620 North 37th Drive, residential settings, but does not include must be submitted to: Hearing Clerk Phoenix, Arizona 85009. This notice occupational exposure. Section (1900), Environmental Protection included a summary of the petition 408(b)(2)(C) requires EPA to give special Agency, Rm. M3708, 401 M St., SW., prepared by the petitioner and this consideration to exposure of infants and Washington, DC 20460. Fees summary contained conclusions and children to the pesticide chemical accompanying objections and hearing arguments to support its conclusion that residue in establishing a tolerance and requests shall be labeled ‘‘Tolerance the petition complied with the Food to ‘‘ensure that there is a reasonable Petition Fees’’ and forwarded to: EPA Quality Protection Act (FQPA) of 1996. certainty that no harm will result to Headquarters Accounting Operations The petition requested that 40 CFR infants and children from aggregate Branch, OPP (‘‘Tolerance Fees’’ and part 180 be amended by establishing an exposure to the pesticide chemical forwarded to: EPA Headquarters exemption from the requirement of a residue...’’ Additionally, section 408 Accounting Operations Branch, OPP tolerance for residues of the microbial (b)(2)(D) requires that the Agency (Tolerance Fees), P.O. Box 360277M, insecticidal agent Beauveria bassiana consider ‘‘available information’’ Pittsburgh, PA 15251. A copy of any (ATCC #74040) in or on all food objections and hearing requests filed commodities. concerning the cumulative effects of a with the Hearing Clerk identified by the A comment was received in response particular pesticide’s residues and docket control number, [OPP–300821], to the notice of filing regarding the ‘‘other substances that have a common must also be submitted to: Public potential for Beauveria bassiana (B. mechanism of toxicity.’’ Information and Records Integrity bassiana) to colonize corn and infect EPA performs a number of analyses to Branch, Information Resources and lungs of wild rodents and nasal passages determine the risks from aggregate Services Division (7502C), Office of of humans. The comment also referred exposure to pesticide residues. First, Pesticide Programs, Environmental to the potentially hazardous effects of EPA determines the toxicity of Protection Agency, 401 M St., SW., beauvericin, a metabolite associated pesticides. Second, EPA examines Washington, DC 20460. In person, bring with this microbial pesticide. While exposure to the pesticide through food, a copy of objections and hearing Beauveria bassiana may infect corn, the drinking water, and through other requests to Rm. 119, CM #2, 1921 acute oral toxicity/pathogenicity studies exposures that occur as a result of Jefferson Davis Hwy., Arlington, VA. indicate no undue risk to humans, pesticide use in residential settings.

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II. Toxicological Profile #74040) was not pathogenic, infective or III. Aggregate Exposures and Risk toxic in rabbits dosed dermally at 2 gm Consistent with section 408(b)(2)(D) 7 In examining aggregate exposure, of FFDCA, EPA has reviewed most of per animal containing 4.2 x 10 cfu/ml. FFDCA section 408 directs EPA to the available scientific data and other It was therefore considered Toxicity consider available information relevant information in support of this Category IV for dermal toxicity. concerning exposures from the pesticide 3. Acute pulmonary toxicity/ action and considered its validity, residue in food and all other non- pathogenicity in rats, (Technical). No completeness and reliability and the occupational exposures, including mortality or toxic or pathogenic effects drinking water from groundwater or relationship of this information to were found in the test animals dosed human risk. EPA has also considered intratracheally with 2.5 x 109 cfu B. surface water and exposure through available information concerning the bassiana (ATCC #74040)/animal. pesticide use in gardens, lawns, or variability of the sensitivities of major Clearance was complete from the lungs buildings (residential and other indoor identifiable subgroups of consumers, within 15 days of dosing. No significant uses). including infants and children. clinical signs were observed. Brown or A. Dietary Exposure and Risk Results of the following studies tan lesions were noted in the lungs of Dietary exposure to the microbial support the lack of toxicity/ all treated animals starting on day 4 and pesticide is likely to occur. The lack of pathogenicity of the Technical Grade an inflammatory response was evident acute oral toxicity/pathogenicity, and Active Ingredient (TGAI), Beauveria in microscopic examination until day the ubiquitous nature of the microbial, bassiana (ATCC #74040). 22. The presence of an inflammatory support the exemption from the A. Product Chemistry response is expected as a component of the normal recognition and clearance of requirement of a tolerance for this active The data submitted for product microbes by the immune system. No ingredient. identity of the active ingredient, inflammation was evident on tissues 1. Food. The microbial pesticide can Beauveria bassiana (ATCC #74040), and examined at the end of the study. be easily removed from foods by end use product, are sufficient to 4. Acute intraperitoneal toxicity/ washing, peeling, cooking and support the request for the proposed pathogenicity testing in rats, processing. Even if ingested, the low exemption from the requirement of a (Technical). B. bassiana (ATCC #74040) acute oral toxicity potential indicates tolerance. The active ingredient is a was not pathogenic, infective or toxic in minimal risk. Consequently, dietary naturally-occurring fungus which can be rats when dosed intraperitoneally with exposure to the microbial and the risk found in the United States and in the 2 x 107 cfu/animal. No animals had the posed by ingestion of foods treated with environment worldwide. test microbe recovered from their blood the microbial pesticide, are likely to be The registrant proposed sufficient or had visible lesions on their internal minimal for adults, infants and children quality assurance methods to control organs at gross necropsy. by the oral route. unintentional ingredients and 5. Primary eye irritation in rabbits, 2. Drinking water exposure. The contaminants in the proposed products (Naturalis-L 225). Rabbits displayed microorganism Beauveria bassiana is within regulatory levels. Batches minimal ocular irritation when given a common in the soil. It is not known as containing human pathogens are to be single 0.1 ml ocular dose containing 2 an aquatic microorganism, and therefore destroyed. Beauvericin levels in the x 106 cfu. Based on these data, the is not expected to proliferate in aquatic technical grade active ingredient are not pesticide was considered acute Toxicity habitats. Drinking water is not being likely to exceed 60 ppm. The registrant Category III for eye irritation. screened for Beauveria bassiana (ATCC has voluntarily withdrawn the 6. Primary dermal irritation in rabbits, #74040) as a potential indicator of registration of an old formulation, (Naturalis-L 225). There was no microbial contamination. Both which had potential aflatoxin mortality or significant toxic effects in percolation through soil and municipal contamination present in an inert animals singly dosed and exposed for treatment of drinking water would ingredient. The proposed new four hours with 5 ml B. bassiana (ATCC reduce the possibility of exposure to formulation has met the Agency’s #74040) containing 5.5 x 107 cfu. Based Beauveria bassiana (ATCC #74040) guideline requirements for microbial on these data, microbial pesticide was through drinking water. Therefore, the pesticides for food use. considered Toxicity Category IV for potential of significant transfer to drinking water is minimal to B. Toxicology primary dermal irritation effects. 7. Dermal sensitization. Data provided nonexistent. However, even if negligible 1. Acute oral toxicity/pathogenicity in to the Agency show that Naturalis-L is oral exposure should occur through rats, (Technical). No animal mortality or a dermal sensitizer. In several animals, drinking water, the Agency concludes overt toxic effects were noted in rats the severity of irritation required that such exposure would present no dosed orally with 1.9 x 108 colony relocation of test site for inductions 8 risk due to the lack of toxicity and the forming units (cfu)/animal of B. and 9. In addition, two animals died ubiquitous nature of the microbe. bassiana (ATCC #74040). Red foci were during the study - one prior to the B. Other Non-Occupational Exposure noted on the lungs of three of the treated challenge phase and one prior to the 48– animals indicating possible pulmonary hour challenge scoring interval. No Dermal and inhalation exposure and toxicity. However, the acute pulmonary cause for death was determined. This risk to adults, infants and children via toxicity/pathogenicity study confirmed test was conducted with a test material treated lawns or recreational areas are clearance from the lungs as discussed at 100% concentration rather than at the likely if the pesticide is used as labeled. below. Based on these studies, and the 50% concentration recommended by the However, the pesticide is a naturally nature of the inerts in the sole registered OPPTS harmonized guidelines. The occurring microbe and is ubiquitous in microbial end use product (EP) label for this product must state that it the environment. Based on the low containing this active ingredient, the EP is a dermal sensitizer and proper toxicity potential as evidenced by the can be considered a Toxicity Category protection equipment should be worn. data submitted, the microbial pesticide IV pesticide. 8. Hypersensitivity incidents. No active ingredient is likely to pose a 2. Acute dermal toxicity in rabbits, incidents of hypersensitivity have been minimal to non-existent dermal or (Naturalis-L 225). B. bassiana (ATCC reported for this microbial pesticide. inhalation hazard if used as labeled.

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IV. Cumulative Effects microbial active ingredient Beauveria will be granted if the Administrator bassiana ATCC #74040. determines that the material submitted There is one other strain of Beauveria shows the following: There is a genuine bassiana registered at this time. While VII. Objections and Hearing Requests and substantial issue of fact; there is a the two strains may produce similar The new FFDCA section 408(g) reasonable possibility that available metabolites, the likelihood of adverse provides essentially the same process evidence identified by the requestor dietary effects via a common for persons to ‘‘object’’ to a regulation would, if established resolve one or mechanism of toxicity is likely to be for an exemption from the requirement more of such issues in favor of the minimal based on the lack of toxicity/ of a tolerance issued by EPA under new requestor, taking into account pathogenicity potential of the active section 408(d)and as was provided in uncontested claims or facts to the ingredients. the old section 408 and in section 409. contrary; and resolution of the factual V. Determination of Safety for U.S. However, the period for filing objections issues(s) in the manner sought by the Population, Infants and Children is 60 days, rather than 30 days. EPA requestor would be adequate to justify currently has procedural regulations the action requested (40 CFR 178.32). FFDCA section 408 provides that EPA which governs the submission of Information submitted in connection shall apply an additional tenfold margin objections and hearing requests. These with an objection or hearing request of exposure (safety) for infants and regulations will require some may be claimed confidential by marking children in the case of threshold effects modification to reflect the new law. any part or all of that information as to account for pre- and post-natal However, until those modifications can CBI. Information so marked will not be toxicity and the completeness of the be made, EPA will continue to use those disclosed except in accordance with database unless EPA determines that a procedural regulations with appropriate procedures set forth in 40 CFR part 2. different margin of exposure (safety) adjustments to reflect the new law. A copy of the information that does not will be safe for infants and children. In Any person may, by June 28, 1999, contain CBI must be submitted for this instance, EPA believes there are file written objections to any aspect of inclusion in the public record. reliable data to support the conclusion this regulation and may also request a Information not marked confidential that there are no threshold effects of hearing on those objections. Objections may be disclosed publicly by EPA concern to infants, children and adults and hearing requests must be filed with without prior notice. when Beauveria bassiana (ATCC the Hearing Clerk, at the address given #74040) is used as labeled. As a result, under the ‘‘ADDRESSES’’ section (40 VIII. Public Record and Electronic the provision requiring an additional CFR 178.20). A copy of the objections Submissions margin of exposure does not apply. and/or hearing requests filed with the EPA has established a record for this There is a reasonable certainty that no hearing clerk should be submitted to the rulemaking under docket control OPP docket for this rulemaking. The harm will result from aggregate number [OPP–300821] (including any objections submitted must specify the exposure to the U.S. population, comments and data submitted provisions of the regulation deemed including infants and children, to electronically). A public version of this objectionable and the grounds for the Beauveria bassiana (ATCC #74040) record, including printed, paper objections (40 CFR 178.25). Each from the proposed uses. This includes versions of electronic comments, which objection must be accompanied by the all anticipated dietary exposures and all does not include any information fee prescribed by 40 CFR 180.33(i). EPA other exposures for which there is claimed as CBI, is available for is authorized to waive any fee reliable information. inspection from 8:30 a.m. to 4 p.m., requirement ‘‘when in the judgement of Monday through Friday, excluding legal VI. Other Considerations the Administrator such a waiver or holidays. The public record is located in A. Endocrine Disruptors refund is equitable and not contrary to the purpose of this subsection.’’ For Room 119 of the Public Information and EPA does not have any information additional information regarding Records Integrity Branch, Information regarding endocrine effects of this tolerance objection fee waivers, contact Resources and Services Division microbial pesticide at this time. The James Tompkins, Registration Division (7502C), Office of Pesticide Programs, Agency is not requiring information on (7505C), Office of Pesticide Programs, Environmental Protection Agency, the endocrine effects of this pesticide at Environmental Protection Agency, 401 Crystal Mall #2, 1921 Jefferson Davis this time; and Congress allowed 3 years M St., SW., Washington, DC 20460. Hwy., Arlington, VA 22202. after August 3, 1996, for the Agency to Office location, telephone number, and Objections and hearing requests may implement a screening and testing e-mail address: Rm. 239, Crystal Mall be sent by e-mail directly to EPA at: program with respect to endocrine #2, 1921 Jefferson Davis Hwy., [email protected]. effects. Arlington, VA, (703) 305–5697, E-mailed objections and hearing requests must be submitted as an ASCII B. Analytical Method(s) [email protected]. Requests for waiver of tolerance objection fees file avoiding the use of special The registrant has submitted data in should be sent to James Hollins, characters and any form of encryption. support of the Agency requirements to Information Resources and Services The official record for this regulation, identify the active ingredient and Division (7502C), Office of Pesticide as well as the public version, as potential metabolites and contaminants. Programs, Environmental Protection described in this unit will be kept in Analytical methods are available and Agency, 401 M St., SW., Washington, paper form. Accordingly, EPA will sufficient to identify metabolites and DC 20460. transfer any copies of objections and contaminants within regulatory levels. If a hearing is requested, the hearing requests received electronically All batches containing potential human objections must include a statement of into printed, paper form as they are pathogens are to be destroyed. the factual issues(s) on which a hearing received and will place the paper copies is requested, the requestor’s contentions in the official record which will also C. Codex Maximum Residue Level on such issues, and a summary of any include all comments submitted directly There are no Codex tolerances or evidence relied upon by the objector (40 in writing. The official record is the exemption from tolerances for the CFR 178.27). A request for a hearing paper record maintained at the Virginia

VerDate 26-APR-99 09:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm07 PsN: 28APR1 22796 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations address in ‘‘ADDRESSES’’ at the issue a regulation that is not required by Indian tribal governments. This action beginning of this document. statute and that creates a mandate upon does not involve or impose any a State, local or tribal government, IX. Regulatory Assessment requirements that affect Indian tribes. unless the Federal government provides Requirements Accordingly, the requirements of the funds necessary to pay the direct section 3(b) of Executive Order 13084 A. Certain Acts and Executive Orders compliance costs incurred by those do not apply to this rule. This final rule establishes an governments. If the mandate is X. Submission to Congress and the exemption from the tolerance unfunded, EPA must provide to OMB a Comptroller General requirement under section 408(d) of the description of the extent of EPA’s prior FFDCA in response to a petition consultation with representatives of affected State, local, and tribal The Congressional Review Act, 5 submitted to the Agency. The Office of U.S.C. 801 et seq., as added by the Small Management and Budget (OMB) has governments, the nature of their concerns, copies of any written Business Regulatory Enforcement exempted these types of actions from Fairness Act of 1996, generally provides review under Executive Order 12866, communications from the governments, that before a rule may take effect, the entitled Regulatory Planning and and a statement supporting the need to Agency promulgating the rule must Review (58 FR 51735, October 4, 1993). issue the regulation. In addition, This final rule does not contain any Executive Order 12875 requires EPA to submit a rule report, which includes a information collections subject to OMB develop an effective process permitting copy of the rule, to each House of the approval under the Paperwork elected officials and other Congress and the Comptroller General of Reduction Act (PRA), 44 U.S.C. 3501 et representatives of State, local, and tribal the United States. EPA will submit a seq., or impose any enforceable duty or governments ‘‘to provide meaningful report containing this rule and other contain any unfunded mandate as and timely input in the development of required information to the U.S. Senate, described under Title II of the Unfunded regulatory proposals containing the U.S. House of Representatives and Mandates Reform Act of 1995 (UMRA) significant unfunded mandates.’’ the Comptroller General of the United (Pub. L. 104–4). Nor does it require any Today’s rule does not create an States prior to publication of the rule in prior consultation as specified by unfunded Federal mandate on State, the Federal Register. This rule is not a Executive Order 12875, entitled local, or tribal governments. The rule ‘‘major rule’’ as defined by 5 U.S.C. Enhancing the Intergovernmental does not impose any enforceable duties 804(2). Partnership (58 FR 58093, October 28, on these entities. Accordingly, the 1993), or special considerations as requirements of section 1(a) of List of Subjects in 40 CFR Part 180 required by Executive Order 12898, Executive Order 12875 do not apply to Environmental protection, entitled Federal Actions to Address this rule. Administrative practice and procedure, Environmental Justice in Minority C. Executive Order 13084 Populations and Low-Income Agricultural commodities, Pesticides Populations (59 FR 7629, February 16, Under Executive Order 13084, and pests, Reporting and recordkeeping 1994), or require OMB review in entitled Consultation and Coordination requirements. accordance with Executive Order 13045, with Indian Tribal Governments (63 FR Dated: April 12, 1999. 27655, May 19, 1998), EPA may not entitled Protection of Children from Susan B. Hazen, Environmental Health Risks and Safety issue a regulation that is not required by Acting Director, Office of Pesticide Programs. Risks (62 FR 19885, April 23, 1997). statute, that significantly or uniquely In addition, since tolerances and affects the communities of Indian tribal Therefore, 40 CFR chapter I is governments, and that imposes exemptions that are established on the amended as follows: basis of a petition under FFDCA section substantial direct compliance costs on 408(d), such as the exemption in this those communities, unless the Federal PART 180Ð[AMENDED] final rule, do not require the issuance of government provides the funds a proposed rule, the requirements of the necessary to pay the direct compliance 1. The authority citation for part 180 Regulatory Flexibility Act (RFA) (5 costs incurred by the tribal continues to read as follows: U.S.C. 601 et seq.) do not apply. governments. If the mandate is Nevertheless, the Agency previously unfunded, EPA must provide OMB, in Authority: 21 U.S.C. 321(q), 346(a), and assessed whether establishing a separately identified section of the 371. preamble to the rule, a description of tolerances, exemptions from tolerances, 2. Section 180.1205 is added to read the extent of EPA’s prior consultation raising tolerance levels or expanding as follows: exemptions might adversely impact with representatives of affected tribal small entities and concluded, as a governments, a summary of the nature § 180.1205 Beauveria bassiana ATCC generic matter, that there is no adverse of their concerns, and a statement #74040; exemption from the requirements economic impact. The factual basis for supporting the need to issue the of a tolerance. the Agency’s generic certification for regulation. In addition, Executive Order An exemption from the requirement tolerance actions published on May 4, 13084 requires EPA to develop an 1981 (46 FR 24950), and was provided effective process permitting elected of a tolerance is established for residues to the Chief Counsel for Advocacy of the officials and other representatives of of the insecticide Beauveria bassiana Small Business Administration. Indian tribal governments ‘‘to provide (ATCC #74040) in or on all food meaningful and timely input in the commodities when applied or used as B. Executive Order 12875 development of regulatory policies on ground and aerial foliar sprays for use Under Executive Order 12875, matters that significantly or uniquely only on terrestrial crops. entitled Enhancing the affect their communities.’’ [FR Doc. 99–10093 Filed 4–27–99; 8:45 am] Intergovernmental Partnership (58 FR Today’s rule does not significantly or BILLING CODE 6560±50±F 58093, October 28, 1993), EPA may not uniquely affect the communities of

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ENVIRONMENTAL PROTECTION Washington, DC 20460. In person, bring EPA received a request to extend the AGENCY a copy of objections and hearing use of fluroxypyr on field corn and requests to Rm. 119, Crystal Mall #2, sweet corn to control volunteer potatoes 40 CFR Part 180 1921 Jefferson Davis Hwy., Arlington, for this year’s growing season due to the [OPP±300845; FRL±6073±7] VA. A copy of objections and hearing continuation of the emergency requests filed with the Hearing Clerk condition. The applicants stated that RIN 2070±AB78 may also be submitted electronically by volunteer potatoes are one of the main sending electronic mail (e-mail) to: opp- sources for overwintering of obligate Fluroxypyr 1-Methylheptyl Ester; [email protected]. Copies of electronic pests of potatoes including late blight Extension of Tolerance for Emergency and leafroll virus. The populations of Exemptions objections and hearing requests must be submitted as an ASCII file avoiding the volunteer potatoes in are closely related to the severity of winter temperature AGENCY: Environmental Protection use of special characters and any form Agency (EPA). of encryption. Copies of objections and conditions. When soil temperatures reach levels low enough to freeze tubers ACTION: Final rule. hearing requests will also be accepted on disks in WordPerfect 5.1/6.1 or remaining in the soil after harvest, SUMMARY: This regulation extends time- ASCII file format. All copies of volunteer potatoes are generally not a limited tolerances for the combined electronic objections and hearing problem. However, following mild residues of the herbicide fluroxypyr 1- requests must be identified by the winters, volunteer potatoes are always methylheptyl ester and its metabolite docket control number [OPP-300845]. present in crops following potatoes in fluroxypyr in or on corn, sweet, K + the rotation. Sustained temperatures of No Confidential Business Information ° CWHR at 0.05 ppm; corn, sweet, forage (CBI) should be submitted through e- 28 F or less are required to kill the at 2.0 ppm; corn, sweet, stover at 2.5 mail. Copies of electronic objections and tubers and prevent emergence of ppm; corn, field, grain at 0.05 ppm; hearing requests on this rule may be volunteers. The applicants stated that volunteer corn, field, forage at 2.0 ppm; corn, filed online at many Federal Depository potato populations will be high in 1999 field, stover at 2.5 ppm for an additional Libraries. 2-year period. These tolerances will and that volunteer potato plants will act FOR FURTHER INFORMATION CONTACT: as a source of infection from both late expire and are revoked on December 1, By blight and leafroll virus. After having 2001. This action is in response to mail: Andrew Ertman, Registration reviewed the submission, EPA concurs EPA’s granting of an emergency Division (7505C), Office of Pesticide that emergency conditions exist. EPA exemption under section 18 of the Programs, Environmental Protection has authorized under FIFRA section 18 Federal Insecticide, Fungicide, and Agency, 401 M St., SW., Washington, the use of fluroxypyr on field corn and Rodenticide Act (FIFRA) authorizing DC 20460. Office location , telephone sweet corn for control of volunteer use of the pesticide on field corn and number, and e-mail address: Rm. 280, Crystal Mall #2, 1921 Jefferson Davis potatoes in Oregon and Washington. sweet corn. Section 408(l)(6) of the EPA assessed the potential risks Federal Food, Drug, and Cosmetic Act Hwy., Arlington, VA, (703)308-9367; [email protected]. presented by residues of fluroxypyr in requires EPA to establish a time-limited or on field corn and sweet corn. In tolerance or exemption from the SUPPLEMENTARY INFORMATION: EPA doing so, EPA considered the safety requirement for a tolerance for pesticide issued a final rule, published in the standard in FFDCA section 408(b)(2), chemical residues in food that will Federal Register of August 5, 1998 (63 and decided that the necessary result from the use of a pesticide under FR 41727) (FRL–6018–4), which tolerances under FFDCA section an emergency exemption granted by announced that on its own initiative 408(l)(6) would be consistent with the EPA under FIFRA section 18. under section 408 of the Federal Food, safety standard and with FIFRA section DATES: This regulation becomes Drug, and Cosmetic Act (FFDCA), 21 18. The data and other relevant material effective April 28, 1999. Objections and U.S.C. 346a(e) and (l)(6), as amended by have been evaluated and discussed in requests for hearings must be received the Food Quality Protection Act of 1996 the final rule of August 5, 1998 (63 FR by EPA, on or before June 28, 1999. (FQPA) (Pub. L. 104–170) it established 41727) (FRL–6018–4). Based on that ADDRESSES: Written objections and time-limited tolerances for the data and information considered, the hearing requests, identified by the combined residues of fluroxypyr 1- Agency reaffirms that extension of the docket control number [OPP-300845], methylheptyl ester and its metabolite time-limited tolerances will continue to must be submitted to: Hearing Clerk fluroxypyr in or on corn, sweet, K + meet the requirements of section (1900), Environmental Protection CWHR at 0.05 ppm; corn, sweet, forage 408(l)(6). Therefore, the time-limited Agency, Rm. M3708, 401 M St., SW., at 2.0 ppm; corn, sweet, stover at 2.5 tolerances are extended for an Washington, DC 20460. Fees ppm; corn, field, grain at 0.05 ppm; additional 2-year period. EPA will accompanying objections and hearing corn, field, forage at 2.0 ppm; corn, publish a document in the Federal requests shall be labeled ‘‘Tolerance field, stover at 2.5 ppm, with an Register to remove the revoked Petition Fees’’ and forwarded to: EPA expiration date of December 1, 1999. tolerances from the Code of Federal Headquarters Accounting Operations EPA established the tolerances because Regulations (CFR). Although these Branch, OPP (Tolerance Fees), P.O. Box section 408(l)(6) of the FFDCA requires tolerances will expire and are revoked 360277M, Pittsburgh, PA 15251. A copy EPA to establish a time-limited on December 1, 2001, under FFDCA of any objections and hearing requests tolerance or exemption from the section 408(l)(5), residues of the filed with the Hearing Clerk identified requirement for a tolerance for pesticide pesticide not in excess of the amounts by the docket control number, [OPP- chemical residues in food that will specified in the tolerances remaining in 300845], must also be submitted to: result from the use of a pesticide under or on field corn and sweet corn after Public Information and Records an emergency exemption granted by that date will not be unlawful, provided Integrity Branch, Information Resources EPA under FIFRA section 18. Such the pesticide is applied in a manner that and Services Division (7502C), Office of tolerances can be established without was lawful under FIFRA and the Pesticide Programs, Environmental providing notice or period for public application occurred prior to the Protection Agency, 401 M St., SW., comment. revocation of the tolerances. EPA will

VerDate 26-APR-99 09:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm07 PsN: 28APR1 22798 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations take action to revoke these tolerances evidence relied upon by the requestor paper record maintained at the Virginia earlier if any experience with, scientific (40 CFR 178.27). A request for a hearing address in ‘‘ADDRESSES’’ at the data on, or other relevant information will be granted if the Administrator beginning of this document. on this pesticide indicate that the determines that the material submitted III. Regulatory Assessment residues are not safe. shows the following: There is genuine Requirements and substantial issue of fact; there is a I. Objections and Hearing Requests reasonable possibility that available A. Certain Acts and Executive Orders The new FFDCA section 408(g) evidence identified by the requestor This final rule establishes a tolerance provides essentially the same process would, if established, resolve one or for persons to ‘‘object’’ to a tolerance under section 408 of the FFDCA. The more of such issues in favor of the Office of Management and Budget regulation issued by EPA as was requestor, taking into account (OMB) has exempted these types of provided in the old section 408 and in uncontested claims or facts to the actions from review under Executive section 409. However, the period for contrary; and resolution of the factual Order 12866, entitled Regulatory filing objections is 60 days, rather than issues in the manner sought by the Planning and Review (58 FR 51735, 30 days. EPA currently has procedural requestor would be adequate to justify October 4, 1993). This final rule does regulations which govern the the action requested (40 CFR 178.32). not contain any information collections submission of objections and hearing Information submitted in connection subject to OMB approval under the requests. These regulations will require with an objection or hearing request Paperwork Reduction Act (PRA), 44 some modification to reflect the new may be claimed confidential by marking U.S.C. 3501 et seq., or impose any law. However, until those modifications any part or all of that information as can be made, EPA will continue to use CBI. Information so marked will not be enforceable duty or contain any those procedural regulations with disclosed except in accordance with unfunded mandate as described under appropriate adjustments to reflect the procedures set forth in 40 CFR part 2. Title II of the Unfunded Mandates new law. A copy of the information that does not Reform Act of 1995 (UMRA) (Pub. L. Any person may, by June 28, 1999, contain CBI must be submitted for 104-4). Nor does it require any prior file written objections to any aspect of inclusion in the public record. consultation as specficed by Executive this regulation and may also request a Information not marked confidential Order 12875, entitled Enhancing the hearing on those objections. Objections may be disclosed publicly by EPA Intergovernmental Partnership (58 FR and hearing requests must be filed with without prior notice. 58093, October 28, 1993), or special the Hearing Clerk, at the address given considerations as required by Executive under the ‘‘ADDRESSES’’ section (40 II. Public Record and Electronic Order 12898, entitled Federal Actions to CFR 178.20). A copy of the objections Submissions Address Environmental Justice in and/or hearing requests filed with the EPA has established a record for this Minority Populations and Low-Income Hearing Clerk should be submitted to regulation under docket control number Populations (59 FR 7629, February 16, the OPP docket for this rulemaking. The [OPP-300845] (including any comments 1994), or require OMB review in objections submitted must specify the and data submitted electronically). A accordance with Executive Order 13045, provisions of the regulation deemed public version of this record, including entitled Protection of Children from objectionable and the grounds for the printed, paper versions of electronic Environmental Health Risks and Safety objections (40 CFR 178.25). Each comments, which does not include any Risks (62 FR 19885, April 23, 1997). objection must be accompanied by the information claimed as CBI, is available In addition, since tolerances and fee prescribed by 40 CFR 180.33(i). EPA for inspection from 8:30 a.m. to 4 p.m., exemptions that are established under is authorized to waive any fee Monday through Friday, excluding legal section 408(l)(6) of FFDCA, such as the requirement ‘‘when in the judgement of holidays. The public record is located in tolerances in this final rule, do not the Administrator such a waiver or Room 119 of the Public Information and require the issuance of a proposed rule, refund is equitable and not contrary to Records Integrity Branch, Information the requirements of the Regulatory the purpose of this subsection.’’ For Resources and Services Division Flexibility Act (RFA) (5 U.S.C. 601 et additional information regarding (7502C), Office of Pesticide Programs, seq.) do not apply. Nevertheless, the tolerance objection fee waivers, contact Environmental Protection Agency, Agency previously assessed whether James Tompkins, Registration Division Crystal Mall #2, 1921 Jefferson Davis establishing tolerances, exemptions (7505C), Office of Pesticide Programs, Hwy., Arlington, VA. from tolerances, raising tolerance levels Environmental Protection Agency, 401 Objections and hearing requests may or expanding exemptions might M St., SW., Washington, DC 20460. be sent by e-mail directly to EPA at: adversely impact small entities and Office location, telephone number, and [email protected]. concluded, as a generic matter, that e-mail address: Rm. 239, Crystal Mall ι2, there is no adverse economic impact. 1921 Jefferson Davis Hwy., Arlington, E-mailed objections and hearing The factual basis for the Agency’s VA, (703) 305-5697, requests must be submitted as an ASCII generic certification for tolerance [email protected]. Requests for file avoiding the use of special actions published on May 4, 1981 (46 waiver of tolerance objection fees characters and any form of encryption. FR 24950), and was provided to the should be sent to James Hollins, The official record for this regulation, Chief Counsel for Advocacy of the Small Information Resources and Services as well as the public version, as Business Administration. Division (7502C), Office of Pesticide described in this unit will be kept in B. Executive Order 12875 Programs, Environmental Protection paper form. Accordingly, EPA will Agency, 401 M St., SW., Washington, transfer any copies of objections and Under Executive Order 12875, DC 20460. hearing requests received electronically entitled Enhancing the If a hearing is requested, the into printed, paper form as they are Intergovernmental Partnership (58 FR objections must include a statement of received and will place the paper copies 58093, October 28, 1993), EPA may not the factual issues on which a hearing is in the official record which will also issue a regulation that is not required by requested, the requestor’s contentions include all comments submitted directly statute and that creates a mandate upon on such issues, and a summary of any in writing. The official record is the a State, local or tribal government,

VerDate 26-APR-99 09:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm07 PsN: 28APR1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations 22799 unless the Federal government provides section 3(b) of Executive Order 13084 the insecticide bifenthrin and its the funds necessary to pay the direct do not apply to this rule. metabolites in or on cucurbits at 1.0 part compliance costs incurred by those per million (ppm) for an additional 11⁄2– IV. Submission to Congress and the governments. If the mandate is year period. This tolerance will expire Comptroller General unfunded, EPA must provide to OMB a and is revoked on October 31, 2000. description of the extent of EPA’s prior The Congressional Review Act, 5 This action is in response to EPA’s consultation with representatives of U.S.C. 801 et seq., as added by the Small granting of an emergency exemption affected State, local, and tribal Business Regulatory Enforcement under section 18 of the Federal governments, the nature of their Fairness Act of 1996, generally provides Insecticide, Fungicide, and Rodenticide concerns, copies of any written that before a rule may take effect, the Act (FIFRA) authorizing use of the communications from the governments, Agency promulgating the rule must pesticide on cucurbits. Section 408(l)(6) and a statement supporting the need to submit a rule report, which includes a of the Federal Food, Drug, and Cosmetic issue the regulation. In addition, copy of the rule, to each House of the Act requires EPA to establish a time- Executive Order 12875 requires EPA to Congress and the Comptroller General of limited tolerance or exemption from the develop an effective process permitting the United States. EPA will submit a requirement for a tolerance for pesticide elected officials and other report containing this rule and other chemical residues in food that will representatives of State, local, and tribal required information to the U.S. Senate, result from the use of a pesticide under governments ‘‘to provide meaningful the U.S. House of Representatives and an emergency exemption granted by and timely input in the development of the Comptroller General of the United EPA under FIFRA section 18. States prior to publication of the rule in regulatory proposals containing DATES: This regulation becomes significant unfunded mandates.’’ the Federal Register. This rule is not a effective April 28,1 999. Objections and Today’s rule does not create an ‘‘major rule’’ as defined by 5 U.S.C. requests for hearings must be received unfunded Federal mandate on State, 804(2). by EPA, on or before June 28, 1999. local, or tribal governments. The rule List of Subjects in 40 CFR Part 180 ADDRESSES: Written objections and does not impose any enforceable duties hearing requests, identified by the on these entities. Accordingly, the Environmental protection, docket control number [OPP–300852], requirements of section 1(a) of Administrative practice and procedure, must be submitted to: Hearing Clerk Executive Order 12875 do not apply to Agricultural commodities, Pesticides (1900), Environmental Protection this rule. and pests, Reporting and recordkeeping Agency, Rm. M3708, 401 M St., SW., requirements. C. Executive Order 13084 Washington, DC 20460. Fees Dated: April 16, 1999. accompanying objections and hearing Under Executive Order 13084, James Jones, requests shall be labeled ‘‘Tolerance entitled Consultation and Coordination Director, Registration Division, Office of Petition Fees’’ and forwarded to: EPA with Indian Tribal Governments (63 FR Pesticide Programs. Headquarters Accounting Operations 27655, May 19, 1998), EPA may not Therefore, 40 CFR chapter I is Branch, OPP (Tolerance Fees), P.O. Box issue a regulation that is not required by amended as follows: 360277M, Pittsburgh, PA 15251. A copy statute, that significantly or uniquely of any objections and hearing requests affects the communities of Indian tribal PART 180Ð[AMENDED] filed with the Hearing Clerk identified governments, and that imposes by the docket control number, [OPP– substantial direct compliance costs on 1. The authority citation for part 180 300852], must also be submitted to: those communities, unless the Federal continues to read as follows: Public Information and Records government provides the funds Authority: 21 U.S.C. 321(q), 346a, and 371. Integrity Branch, Information Resources necessary to pay the direct compliance and Services Division (7502C), Office of costs incurred by the tribal Pesticide Programs, Environmental governments. If the mandate is §180.535 [Amended] Protection Agency, 401 M St., SW., unfunded, EPA must provide OMB, in 2. In §180.535, by amending the table Washington, DC 20460. In person, bring a separately identified section of the in paragraph (b), by revising the date a copy of objections and hearing preamble to the rule, a description of ‘‘12/01/99’’ to read ‘‘12/01/01.’’ requests to Rm. 119, Crystal Mall 2 (CM the extent of EPA’s prior consultation [FR Doc. 99–10521 Filed 4-27-99; 8:45 am] #2), 1921 Jefferson Davis Hwy., with representatives of affected tribal BILLING CODE 6560±50±F Arlington, VA. governments, a summary of the nature A copy of objections and hearing of their concerns, and a statement requests filed with the Hearing Clerk supporting the need to issue the ENVIRONMENTAL PROTECTION may also be submitted electronically by regulation. In addition, Executive Order AGENCY sending electronic mail (e-mail) to: opp- 13084 requires EPA to develop an [email protected]. Copies of electronic effective process permitting elected 40 CFR Part 180 objections and hearing requests must be officials and other representatives of [OPP±300852; FRL±6077±5 submitted as an ASCII file avoiding the Indian tribal governments ‘‘to provide use of special characters and any form meaningful and timely input in the RIN 2070±AB78 of encryption. Copies of objections and development of regulatory policies on hearing requests will also be accepted Bifenthrin; Extension of Tolerance for matters that significantly or uniquely on disks in WordPerfect 5.1/6.1 or Emergency Exemptions affect their communities.’’ ASCII file format. All copies of Today’s rule does not significantly or AGENCY: Environmental Protection electronic objections and hearing uniquely affect the communities of Agency (EPA). requests must be identified by the Indian tribal governments. This action ACTION: Final rule. docket control number [OPP–300852]. does not involve or impose any No Confidential Business Information requirements that affect Indian tribes. SUMMARY: This regulation extends a (CBI) should be submitted through e- Accordingly, the requirements of time-limited tolerance for residues of mail. Copies of electronic objections and

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Programs, Environmental Protection limited tolerance will continue to meet Office location, telephone number, and Agency, 401 M St., SW., Washington, the requirements of section 408(l)(6). e-mail address: Rm. 239, CM #2, 1921 DC 20460. Office location, telephone Therefore, the time-limited tolerance is Jefferson Davis Hwy., Arlington, VA, number, and e-mail address: Rm. 271, extended for an additional 11⁄2–year (703) 305–5697, [email protected]. CM #2, 1921 Jefferson Davis Hwy., period. EPA will publish a document in Requests for waiver of tolerance Arlington, VA, (703) 308–9356, the Federal Register to remove the objection fees should be sent to James [email protected]. revoked tolerance from the Code of Hollins, Information Resources and Federal Regulations (CFR). Although Services Division (7502C), Office of SUPPLEMENTARY INFORMATION: EPA issued a final rule, published in the this tolerance will expire and is revoked Pesticide Programs, Environmental Federal Register of June 6, 1997 (62 FR on October 31, 2000, under FFDCA Protection Agency, 401 M St., SW., section 408(l)(5), residues of the Washington, DC 20460. 30996) (FRL–5719–3), which announced pesticide not in excess of the amounts If a hearing is requested, the that on its own initiative under section specified in the tolerance remaining in objections must include a statement of 408 of the Federal Food, Drug, and or on cucurbits after that date will not the factual issues on which a hearing is Cosmetic Act (FFDCA), 21 U.S.C. 346a be unlawful, provided the pesticide is requested, the requestor’s contentions and (l)(6), as amended by the Food applied in a manner that was lawful on such issues, and a summary of any Quality Protection Act of 1996 (FQPA) under FIFRA and the application evidence relied upon by the requestor (Pub. L. 104–170) it established a time- occurred prior to the revocation of the (40 CFR 178.27). A request for a hearing limited tolerance for the residues of tolerance. EPA will take action to revoke will be granted if the Administrator bifenthrin and its metabolites in or on this tolerance earlier if any experience determines that the material submitted cucurbits at 1.0 ppm, with an expiration with, scientific data on, or other shows the following: There is genuine date of April 30, 1998. EPA established relevant information on this pesticide and substantial issue of fact; there is a the tolerance because section 408(l)(6) indicate that the residues are not safe. reasonable possibility that available of the FFDCA requires EPA to establish evidence identified by the requestor a time-limited tolerance or exemption I. Objections and Hearing Requests would, if established, resolve one or from the requirement for a tolerance for The new FFDCA section 408(g) more of such issues in favor of the pesticide chemical residues in food that provides essentially the same process requestor, taking into account will result from the use of a pesticide for persons to ‘‘object’’ to a tolerance uncontested claims or facts to the under an emergency exemption granted regulation as was provided in the old contrary; and resolution of the factual by EPA under FIFRA section 18. Such section 408 and in section 409. issues in the manner sought by the tolerances can be established without However, the period for filing objections requestor would be adequate to justify providing notice or period for public is 60 days, rather than 30 days. EPA the action requested (40 CFR 178.32). comment. On April 1, 1998 (63 FR currently has procedural regulations Information submitted in connection 15763) (FRL–5779–1), EPA publised a which govern the submission of with an objection or hearing request document extending this tolerance to objections and hearing requests. These may be claimed confidential by marking April 30, 1999. regulations will require some any part or all of that information as EPA received a request to extend the modification to reflect the new law. CBI. Information so marked will not be use of Bifenthrin on cucurbits for this However, until those modifications can disclosed except in accordance with years growing season due to the be made, EPA will continue to use those procedures set forth in 40 CFR part 2. silverleaf whitefly, a recently- procedural regulations with appropriate A copy of the information that does not introduced pest in California, which can adjustments to reflect the new law. contain CBI must be submitted for have devastating effects on the cucurbit Any person may, by June 28, 1999, inclusion in the public record. crop, and is resistant to registered file written objections to any aspect of Information not marked confidential alternatives. An exemption has also this regulation and may also request a may be disclosed publicly by EPA been issued for another material, hearing on those objections. Objections without prior notice. imidacloprid, to provide early season and hearing requests must be filed with control. However, bifenthrin is also the Hearing Clerk, at the address given II. Public Record and Electronic needed for control later in the season. under the ‘‘ADDRESSES’’ section (40 Submissions After having reviewed the submission, CFR 178.20). A copy of the objections EPA has established a record for this EPA concurs that emergency conditions and/or hearing requests filed with the regulation under docket control number exist. EPA has authorized under FIFRA Hearing Clerk should be submitted to [OPP–300852] (including any comments section 18 the use of bifenthrin on the OPP docket for this rulemaking. The and data submitted electronically). A cucurbits for control of the silverleaf objections submitted must specify the public version of this record, including whitefly in cucurbits. provisions of the regulation deemed printed, paper versions of electronic EPA assessed the potential risks objectionable and the grounds for the comments, which does not include any presented by residues of bifenthrin in or objections (40 CFR 178.25). Each information claimed as CBI, is available on cucurbits. In doing so, EPA objection must be accompanied by the for inspection from 8:30 a.m. to 4 p.m., considered the safety standard in fee prescribed by 40 CFR 180.33(i). EPA Monday through Friday, excluding legal FFDCA section 408(b)(2), and decided is authorized to waive any fee holidays. The public record is located in that the necessary tolerance under requirement ‘‘when in the judgement of Rm. 119 of the Public Information and FFDCA section 408(l)(6) would be the Administrator such a waiver or Records Integrity Branch, Information consistent with the safety standard and refund is equitable and not contrary to Resources and Services Division with FIFRA section 18. The data and the purpose of this subsection.’’ For (7502C), Office of Pesticide Programs,

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Environmental Protection Agency, CM adversely impact small entities and of their concerns, and a statement #2, 1921 Jefferson Davis Hwy., concluded, as a generic matter, that supporting the need to issue the Arlington, VA. there is no adverse economic impact. regulation. In addition, Executive Order Objections and hearing requests may The factual basis for the Agency’s 13084 requires EPA to develop an be sent by e-mail directly to EPA at: generic certification for tolerance effective process permitting elected [email protected]. actions published on May 4, 1981 (46 officials and other representatives of FR 24950), and was provided to the Indian tribal governments ‘‘to provide E-mailed objections and hearing Chief Counsel for Advocacy of the Small meaningful and timely input in the requests must be submitted as an ASCII Business Administration. development of regulatory policies on file avoiding the use of special B. Executive Order 12875 matters that significantly or uniquely characters and any form of encryption. affect their communities.’’ The official record for this regulation, Under Executive Order 12875, entitled Enhancing the Today’s rule does not significantly or as well as the public version, as uniquely affect the communities of described in this unit will be kept in Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may not Indian tribal governments. This action paper form. Accordingly, EPA will does not involve or impose any transfer any copies of objections and issue a regulation that is not required by statute and that creates a mandate upon requirements that affect Indian tribes. hearing requests received electronically Accordingly, the requirements of into printed, paper form as they are a State, local or tribal government, unless the Federal government provides section 3(b) of Executive Order 13084 received and will place the paper copies do not apply to this rule. in the official record which will also the funds necessary to pay the direct include all comments submitted directly compliance costs incurred by those IV. Submission to Congress and the in writing. The official record is the governments. If the mandate is Comptroller General paper record maintained at the Virginia unfunded, EPA must provide to OMB a address in ‘‘ADDRESSES’’ at the description of the extent of EPA’s prior The Congressional Review Act, 5 beginning of this document. consultation with representatives of U.S.C. 801 et seq., as added by the Small affected State, local, and tribal Business Regulatory Enforcement III. Regulatory Assessment governments, the nature of their Fairness Act of 1996, generally provides Requirements concerns, copies of any written that before a rule may take effect, the A. Certain Acts and Executive Orders communications from the governments, Agency promulgating the rule must and a statement supporting the need to submit a rule report, which includes a This final rule establishes a tolerance issue the regulation. In addition, copy of the rule, to each House of the under section 408 of the FFDCA. The Executive Order 12875 requires EPA to Congress and the Comptroller General of Office of Management and Budget develop an effective process permitting the United States. EPA will submit a (OMB) has exempted these types of elected officials and other report containing this rule and other actions from review under Executive representatives of State, local, and tribal required information to the U.S. Senate, Order 12866, entitled Regulatory governments ‘‘to provide meaningful the U.S. House of Representatives and Planning and Review (58 FR 51735, and timely input in the development of the Comptroller General of the United October 4, 1993). This final rule does regulatory proposals containing States prior to publication of the rule in not contain any information collections significant unfunded mandates.’’ the Federal Register. This rule is not a subject to OMB approval under the Today’s rule does not create an ‘‘major rule’’ as defined by 5 U.S.C. Paperwork Reduction Act (PRA), 44 unfunded Federal mandate on State, 804(2). U.S.C. 3501 et seq., or impose any local, or tribal governments. The rule enforceable duty or contain any does not impose any enforceable duties List of Subjects in 40 CFR Part 180 unfunded mandate as described under on these entities. Accordingly, the Title II of the Unfunded Mandates requirements of section 1(a) of Environmental protection, Reform Act of 1995 (UMRA) (Pub. L. Executive Order 12875 do not apply to Administrative practice and procedure, 104–4). Nor does it require any special this rule. Agricultural commodities, Pesticides considerations as required by Executive and pests, Reporting and recordkeeping Order 12898, entitled Federal Actions to C. Executive Order 13084 requirements. Under Executive Order 13084, Address Environmental Justice in Dated: April 20, 1999. Minority Populations and Low-Income entitled Consultation and Coordination Populations (59 FR 7629, February 16, with Indian Tribal Governments (63 FR James Jones, 1994), or require OMB review in 27655, May 19, 1998), EPA may not Director, Registration Division, Office of accordance with Executive Order 13045, issue a regulation that is not required by Pesticide Programs. entitled Protection of Children from statute, that significantly or uniquely Environmental Health Risks and Safety affects the communities of Indian tribal Therefore, 40 CFR chapter I is Risks (62 FR 19885, April 23, 1997). governments, and that imposes amended as follows: In addition, since tolerances and substantial direct compliance costs on exemptions that are established under those communities, unless the Federal PART 180Ð[AMENDED] section 408(l)(6) of FFDCA, such as the government provides the funds exemption in this final rule, do not necessary to pay the direct compliance 1. The authority citation for part 180 require the issuance of a proposed rule, costs incurred by the tribal continues to read as follows: the requirements of the Regulatory governments. If the mandate is Authority: 21 U.S.C. 321(q), 346(a), and Flexibility Act (RFA) (5 U.S.C. 601 et unfunded, EPA must provide OMB, in 371. seq.) do not apply. Nevertheless, the a separately identified section of the § 180.442 [Amended] Agency previously assessed whether preamble to the rule, a description of establishing tolerances, exemptions the extent of EPA’s prior consultation 2. In § 180.442, by amending from tolerances, raising tolerance levels with representatives of affected tribal paragraph (b) by revising the expiration/ or expanding exemptions might governments, a summary of the nature revocation date for the commodity

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Vegetables, curcubits, to read ‘‘10/31/ as an ASCII file avoiding the use of EPA issued a final rule for 00’’. special characters and any form of establishment of tolerances for sulfosate [FR Doc. 99–10625 Filed 4–27–99; 8:45 am] encryption. Copies of objections and on corn, soybean eggs, milk, cattle, goat, hearing requests will also be accepted hog, sheep, and horse commodities. BILLING CODE 6560±50±F on disks in WordPerfect 5.1/6.1 file Sulfosate residues, at the above levels, format or ASCII file format. All copies resulting from consumption of wheat, ENVIRONMENTAL PROTECTION of objections and hearing requests in pome fruit, meat, milk, poultry, and AGENCY electronic form must be identified by eggs were included in the dietary and the docket control number [OPP– risk assessments conducted to establish 40 CFR Part 180 300849]. No Confidential Business these tolerances. Information (CBI) should be submitted [OPP±300849; FRL±6076±1] I. Background and Statutory Findings through e-mail. Electronic copies of RIN 2070±AB78 objections and hearing requests on this Section 408(b)(2)(A)(i) of the FFDCA rule may be filed online at many Federal allows EPA to establish a tolerance (the Sulfosate; Pesticide Tolerance Depository Libraries. legal limit for a pesticide chemical residue in or on a food) only if EPA FOR FURTHER INFORMATION CONTACT: By AGENCY: Environmental Protection determines that the tolerance is ‘‘safe.’’ mail: Jim Tompkins, Registration Agency (EPA). Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to Division (7505C), Office of Pesticide ACTION: Final rule. mean that ‘‘there is a reasonable Programs, Environmental Protection certainty that no harm will result from Agency, 401 M St., SW., Washington, SUMMARY: This regulation establishes a aggregate exposure to the pesticide DC 20460. Office location, telephone tolerances for residues of sulfosate in or chemical residue, including all number, and e-mail address: Rm. 239, on wheat and pome fruit and increases anticipated dietary exposures and all tolerances in milk. In addition, for Crystal Mall #2, 1921 Jefferson Davis other exposures for which there is cattle, goat, hog, sheep, and horse Hwy., Arlington, VA, 703–305–5697, reliable information.’’ This includes commodities, this regulation establishes [email protected]. exposure through drinking water and in tolerances in liver and meat-by products SUPPLEMENTARY INFORMATION: In the residential settings, but does not include except liver and increases the tolerance Federal Register of January 20, 1999 (64 occupational exposure. Section in meat. Zeneca Ag Products requested FR 3099) (FRL–6053–5), EPA issued a 408(b)(2)(C) requires EPA to give special this tolerance under the Federal Food, notice pursuant to section 408 of the consideration to exposure of infants and Drug, and Cosmetic Act, as amended by Federal Food, Drug, and Cosmetic Act children to the pesticide chemical the Food Quality Protection Act of 1996. (FFDCA), 21 U.S.C. 346a as amended by residue in establishing a tolerance and DATES: This regulation is effective April the Food Quality Protection Act of 1996 to ‘‘ensure that there is a reasonable 28, 1999. Objections and requests for (FQPA) (Pub. L. 104–170 announcing certainty that no harm will result to hearings must be received by EPA on or the filing of a pesticide petition (PP infants and children from aggregate before June 28, 1999. 5F4554) for tolerance by Zeneca Ag. exposure to the pesticide chemical ADDRESSES: Written objections and Products, 1800 Concord Pike, P. O. Box residue....’’ hearing requests, identified by the 15458, Wilmington, DE 19850–5458. EPA performs a number of analyses to docket control number, [OPP–300849], This notice included a summary of the determine the risks from aggregate must be submitted to: Hearing Clerk petition prepared by Zeneca Ag exposure to pesticide residues. For (1900), Environmental Protection Products, the registrant. There were no further discussion of the regulatory Agency, Rm. M3708, 401 M St., SW., comments received in response to the requirements of section 408 and a Washington, DC 20460. Fees notice of filing. complete description of the risk accompanying objections and hearing The petition requested that 40 CFR assessment process, see the final rule on requests shall be labeled ‘‘Tolerance 180.489 be amended by establishing a Bifenthrin Pesticide Tolerances (62 FR Petition Fees’’ and forwarded to: EPA tolerance for residues of the herbicide 62961, November 26, 1997) (FRL–5754– Headquarters Accounting Operations sulfosate, in or on wheat bran at 2.5 7). Branch, OPP (Tolerance Fees), P.O. Box parts per million (ppm) (of which no 360277M, Pittsburgh, PA 15251. A copy more than 0.75 ppm is II. Aggregate Risk Assessment and of any objections and hearing requests trimethylsulfonium (TMS)), wheat grain Determination of Safety filed with the Hearing Clerk identified at 0.75 ppm (of which no more than Consistent with section 408(b)(2)(D), by the docket control number, [OPP– 0.25 ppm is TMS), wheat forage at 35 EPA has reviewed the available 300849], must also be submitted to: ppm (of which no more than 30 ppm is scientific data and other relevant Public Information and Records TMS), wheat hay at 85 ppm (of which information in support of this action. Integrity Branch, Information Resources no more than 80 ppm is TMS), wheat EPA has sufficient data to assess the and Services Division (7502C), Office of shorts at 1.5 ppm (of which no more hazards of sulfosate and to make a Pesticide Programs, Environmental than 0.5 ppm is TMS), wheat straw at determination on aggregate exposure, Protection Agency, 401 M St., SW., 1.0 ppm (of which no more than 0.5 consistent with section 408(b)(2), for a Washington, DC 20460. In person, bring ppm is TMS), the pome fruit group at tolerance for residues of sulfosate on a copy of objections and hearing 0.05 ppm; in cattle, goat, hog, sheep, wheat bran at 2.5 parts per million requests to Rm. 119, Crystal Mall #2, and horse liver at 0.5 ppm, in cattle, (ppm) (of which no more than 0.75 ppm 1921 Jefferson Davis Hwy., Arlington, goat, hog, sheep, and horse meat by- is trimethylsulfonium (TMS)), wheat VA. products, except liver at 2.5 ppm; to grain at 0.75 ppm (of which no more A copy of objections and hearing increase the tolerance in cattle, goat, than 0.25 ppm is TMS), wheat forage at requests filed with the Hearing Clerk hog, sheep, and horse meat from 0.2 to 35 ppm (of which no more than 30 ppm may be submitted electronically by 0.4 ppm and in milk from 0.2 to 0.5 is TMS), wheat hay at 85 ppm (of which sending electronic mail (e-mail) to: opp- ppm. no more than 80 ppm is TMS), wheat [email protected]. Copies of objections In the Federal Register of September shorts at 1.5 ppm (of which no more and hearing requests must be submitted 11, 1998 (63 FR 48597) (FRL–6026–6), than 0.5 ppm is TMS), wheat straw at

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1.0 ppm (of which no more than 0.5 III. Other Considerations modification to reflect the new law. ppm is TMS), the pome fruit group at However, until those modifications can A. Metabolism In Plants and Animals 0.05 ppm; in cattle, goat, hog, sheep, be made, EPA will continue to use those and horse liver at 0.5 ppm, in cattle, The nature of the residues in plants procedural regulations with appropriate goat, hog, sheep, and horse meat by- and animals is understood. EPA has adjustments to reflect the new law. products, except liver at 2.5 ppm; to determined that the tolerance Any person may, by June 28, 1999, increase the tolerance in cattle, goat, expression for sulfosate must include file written objections to any aspect of hog, sheep, and horse meat from 0.2 to both of the parent ions. this regulation and may also request a hearing on those objections. Objections 0.4 ppm and in milk from 0.2 to 0.5 B. Analytical Enforcement Methodology ppm. EPA’s assessment of the dietary and hearing requests must be filed with exposures and risks associated with Analytical enforcement methodology the Hearing Clerk, at the address given establishing the tolerance follows. for sulfosate is discussed in Unit III. B. under the ‘‘ADDRESSES’’ section (40 of the Federal Register notice of CFR 178.20). A copy of the objections A. Toxicological Profile September 11, 1998 (63 FR 48597). and/or hearing requests filed with the Hearing Clerk should be submitted to EPA has evaluated the available C. Magnitude of Residues toxicity data and considered its validity, the OPP docket for this regulation. The completeness, and reliability as well as The crop field trial data are adequate objections submitted must specify the the relationship of the results of the to support these tolerances. provisions of the regulation deemed studies to human risk. EPA has also D. International Residue Limits objectionable and the grounds for the considered available information objections (40 CFR 178.25). Each concerning the variability of the There are no Codex, Canadian or objection must be accompanied by the sensitivities of major identifiable Mexican tolerances or maximum fee prescribed by 40 CFR 180.33(i). EPA subgroups of consumers, including residue limits for residues of sulfosate is authorized to waive any fee infants and children. The nature of the in the subject crops. Therefore, a requirement ‘‘when in the judgement of toxic effects caused by sulfosate are compatibility issue is not relevant to the the Administrator such a waiver or discussed in Unit II. A. of the Federal proposed tolerances. refund is equitable and not contrary to Register notice of September 11, 1998 E. Rotational Crop Restrictions the purpose of this subsection.’’ For (63 FR 48597). Please note that this unit additional information regarding included a typographical error. In the EPA has previously reviewed two tolerance objection fee waivers, contact discussion of the feeding confined rotational crop studies for James Tompkins, Registration Division carcinogenicity study in mice, ‘‘79’’ sulfosate and concluded that rotational (7505C), Office of Pesticide Programs, should have been ‘‘7.9’’ in the following crop restrictions were not required. Environmental Protection Agency, 401 phrase: ‘‘In addition, there was IV. Conclusion M St., SW., Washington, DC 20460. increased incidence of white matter Office location, telephone number, and Therefore, the tolerances are degeneration in the lumbar region of the e-mail address: Rm. 239, Crystal Mall established for residues of sulfosate on spinal cord (males only) (2, 3, 4, 4, 79% #2, 1921 Jefferson Davis Hwy., wheat bran at 2.5 parts per million response, controls to high dose)...’’ Arlington, VA, (703) 305–5697, (ppm) (of which no more than 0.75 ppm [email protected]. Requests for B. Toxicological Endpoints is trimethylsulfonium (TMS)), wheat waiver of tolerance objection fees The toxicological endpoints for grain at 0.75 ppm (of which no more should be sent to James Hollins, sulfosate are discussed in Unit II. B. of than 0.25 ppm is TMS), wheat forage at Information Resources and Services the Federal Register notice of 35 ppm (of which no more than 30 ppm Division (7502C), Office of Pesticide September 11, 1998 (63 FR 48597). is TMS), wheat hay at 85 ppm (of which Programs, Environmental Protection no more than 80 ppm is TMS), wheat Agency, 401 M St., SW., Washington, C. Exposures and Risks shorts at 1.5 ppm (of which no more DC 20460. The exposures and risks due to than 0.5 ppm is TMS), wheat straw at If a hearing is requested, the consumption of sulfosate, including 1.0 ppm (of which no more than 0.5 objections must include a statement of residues in wheat and pome fruit, are ppm is TMS), the pome fruit group at the factual issues on which a hearing is discussed in Unit II. C. of the Federal 0.05 ppm; in cattle, goat, hog, sheep, requested, the requestor’s contentions Register notice of September 11, 1998 and horse liver at 0.5 ppm, in cattle, on such issues, and a summary of any (63 FR 48597). goat, hog, sheep, and horse meat by- evidence relied upon by the requestor products, except liver at 2.5 ppm. (40 CFR 178.27). A request for a hearing D. Aggregate Risks and Determination of Further, the tolerances are increased will be granted if the Administrator Safety for U.S. Population tolerance in cattle, goat, hog, sheep, and determines that the material submitted The aggregate risks and determination horse meat from 0.2 to 0.4 ppm and in shows the following: There is genuine of safety for the U.S. population milk from 0.2 to 0.5 ppm. and substantial issue of fact; there is a reasonable possibility that available resulting from use of sulfosate are V. Objections and Hearing Requests discussed in Unit II. D. of the Federal evidence identified by the requestor Register notice of September 11, 1998 The new FFDCA section 408(g) would, if established, resolve one or (63 FR 48597). provides essentially the same process more of such issues in favor of the for persons to ‘‘object’’ to a tolerance requestor, taking into account E. Aggregate Risks and Determination of regulation as was provided in the old uncontested claims or facts to the Safety for Infants and Children section 408 and in section 409. contrary; and resolution of the factual The aggregate risks and determination However, the period for filing objections issues in the manner sought by the of safety for infants and children is 60 days, rather than 30 days. EPA requestor would be adequate to justify resulting from use of sulfosate are currently has procedural regulations the action requested (40 CFR 178.32). discussed in Unit II. E. of the Federal which govern the submission of Information submitted in connection Register notice of September 11, 1998 objections and hearing requests. These with an objection or hearing request (63 FR 48597). regulations will require some may be claimed confidential by marking

VerDate 26-APR-99 09:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm07 PsN: 28APR1 22804 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations any part or all of that information as Paperwork Reduction Act (PRA), 44 governments ‘‘to provide meaningful CBI. Information so marked will not be U.S.C. 3501 et seq., or impose any and timely input in the development of disclosed except in accordance with enforceable duty or contain any regulatory proposals containing procedures set forth in 40 CFR part 2. unfunded mandate as described under significant unfunded mandates.’’ A copy of the information that does not Title II of the Unfunded Mandates Today’s rule does not create an contain CBI must be submitted for Reform Act of 1995 (UMRA) (Pub. L. unfunded Federal mandate on State, inclusion in the public record. 104–4). Nor does it require any prior local, or tribal governments. The rule Information not marked confidential consultation as specficed by Executive does not impose any enforceable duties may be disclosed publicly by EPA Order 12875, entitled Enhancing the on these entities. Accordingly, the without prior notice. Intergovernmental Partnership (58 FR requirements of section 1(a) of 58093, October 28, 1993), or special Executive Order 12875 do not apply to VI. Public Record and Electronic considerations as required by Executive this rule. Submissions Order 12898, entitled Federal Actions to C. Executive Order 13084 EPA has established a record for this Address Environmental Justice in regulation under docket control number Minority Populations and Low-Income Under Executive Order 13084, [OPP–300849] (including any comments Populations (59 FR 7629, February 16, entitled Consultation and Coordination and data submitted electronically). A 1994), or require OMB review in with Indian Tribal Governments (63 FR public version of this record, including accordance with Executive Order 13045, 27655, May 19, 1998), EPA may not printed, paper versions of electronic entitled Protection of Children from issue a regulation that is not required by comments, which does not include any Environmental Health Risks and Safety statute, that significantly or uniquely information claimed as CBI, is available Risks (62 FR 19885, April 23, 1997). affects the communities of Indian tribal for inspection from 8:30 a.m. to 4 p.m., In addition, since tolerances and governments, and that imposes Monday through Friday, excluding legal exemptions that are established on the substantial direct compliance costs on holidays. The public record is located in basis of a petition under FFDCA section those communities, unless the Federal Room 119 of the Public Information and 408(d), such as the [tolerance/ government provides the funds Records Integrity Branch, Information exemption] in this final rule, do not necessary to pay the direct compliance Resources and Services Division require the issuance of a proposed rule, costs incurred by the tribal (7502C), Office of Pesticide Programs, the requirements of the Regulatory governments. If the mandate is Environmental Protection Agency, Flexibility Act (RFA) (5 U.S.C. 601 et unfunded, EPA must provide OMB, in Crystal Mall #2, 1921 Jefferson Davis seq.) do not apply. Nevertheless, the a separately identified section of the Hwy., Arlington, VA. Agency previously assessed whether preamble to the rule, a description of Objections and hearing requests may establishing tolerances, exemptions the extent of EPA’s prior consultation be sent by e-mail directly to EPA at: from tolerances, raising tolerance levels with representatives of affected tribal [email protected]. or expanding exemptions might governments, a summary of the nature adversely impact small entities and of their concerns, and a statement E-mailed objections and hearing concluded, as a generic matter, that supporting the need to issue the requests must be submitted as an ASCII there is no adverse economic impact. regulation. In addition, Executive Order file avoiding the use of special The factual basis for the Agency’s 13084 requires EPA to develop an characters and any form of encryption. generic certification for tolerance effective process permitting elected The official record for this regulation, actions published on May 4, 1981 (46 officials and other representatives of as well as the public version, as FR 24950), and was provided to the Indian tribal governments ‘‘to provide described in this unit will be kept in Chief Counsel for Advocacy of the Small meaningful and timely input in the paper form. Accordingly, EPA will Business Administration. development of regulatory policies on matters that significantly or uniquely transfer any copies of objections and B. Executive Order 12875 hearing requests received electronically affect their communities.’’ Under Executive Order 12875, into printed, paper form as they are Today’s rule does not significantly or entitled Enhancing the uniquely affect the communities of received and will place the paper copies Intergovernmental Partnership (58 FR in the official record which will also Indian tribal governments. This action 58093, October 28, 1993), EPA may not does not involve or impose any include all comments submitted directly issue a regulation that is not required by in writing. The official record is the requirements that affect Indian tribes. statute and that creates a mandate upon Accordingly, the requirements of paper record maintained at the Virginia a State, local or tribal government, address in ‘‘ADDRESSES’’ at the section 3(b) of Executive Order 13084 unless the Federal government provides do not apply to this rule. beginning of this document. the funds necessary to pay the direct VIII. Submission to Congress and the VII. Regulatory Assessment compliance costs incurred by those Comptroller General Requirements governments. If the mandate is unfunded, EPA must provide to OMB a The Congressional Review Act, 5 A. Certain Acts and Executive Orders description of the extent of EPA’s prior U.S.C. 801 et seq., as added by the Small This final rule establishes a tolerance consultation with representatives of Business Regulatory Enforcement under section 408(d) of the FFDCA in affected State, local, and tribal Fairness Act of 1996, generally provides response to a petition submitted to the governments, the nature of their that before a rule may take effect, the Agency. The Office of Management and concerns, copies of any written Agency promulgating the rule must Budget (OMB) has exempted these types communications from the governments, submit a rule report, which includes a of actions from review under Executive and a statement supporting the need to copy of the rule, to each House of the Order 12866, entitled Regulatory issue the regulation. In addition, Congress and the Comptroller General of Planning and Review (58 FR 51735, Executive Order 12875 requires EPA to the United States. EPA will submit a October 4, 1993). This final rule does develop an effective process permitting report containing this rule and other not contain any information collections elected officials and other required information to the U.S. Senate, subject to OMB approval under the representatives of State, local, and tribal the U.S. House of Representatives and

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Commodity Parts per million

Almond, hulls (of which no more than 0.30 ppm is trimethylsulfonium (TMS))...... 1.00 Aspirated grain fractions (of which no more than 60 ppm is TMS)...... 210.00 Bananas (imported only) 1 ...... 0.05 Cattle, fat ...... 0.10 Cattle, liver ...... 0.5 Cattle, mbyp except liver ...... 2.5 Cattle, meat ...... 0.4 Citrus fruit group ...... 0.05 Corn, field, forage ...... 0.10 Corn, field and pop, grain (of which no more than 0.10 ppm is TMS)...... 0.20 Corn, field and pop, stover (of which no more than 0.20 ppm is TMS)...... 0.30 Eggs ...... 0.02 Goats, fat ...... 0.10 Goats, liver ...... 0.5 Goats, mbyp, except liver ...... 2.5 Goats, meat ...... 0.4 Grape ...... 0.10 Hogs, fat ...... 0.10 Hogs, liver ...... 0.5 Hogs, mbyp except liver ...... 2.5 Hogs, meat ...... 0.4 Horses, fat ...... 0.10 Horses, liver ...... 0.5 Horses, mbyp except liver ...... 2.5 Horses, meat ...... 0.4 Milk ...... 0.5 Pome fruit group ...... 0.05 Poultry, fat ...... 0.05 Poultry, liver ...... 0.05 Poultry, mbyp (except liver) ...... 0.10 Poultry, meat ...... 0.05 Prune (of which no more than 0.05 ppm is TMS)...... 0.20 Raisin (of which no more than 0.05 ppm is TMS)...... 0.20 Sheep, fat ...... 0.10 Sheep, liver ...... 0.5 Sheep, mbyp except liver ...... 2.5 Sheep, meat ...... 0.5 Soybean, forage (of which no more than 1 ppm is TMS)...... 2.0 Soybean, hay (of which no more than 2 ppm is TMS)...... 5.0 Soybean, hulls (of which no more than 2 ppm is TMS)...... 7.0 Soybean, seed (of which no more than 1 ppm is TMS)...... 3.0 Stone fruit group ...... 0.05 Tree nut group ...... 0.05 Wheat bran (of which no more than 0.75 ppm is TMS ...... 2.5 Wheat grain (of which no more than 0.25 ppm is TMS) ...... 0.75 Wheat forage (of which no more than 30 ppm is TMS ...... 35 Wheat hay (of which no more than 80 ppm is TMS ...... 85 Wheat shorts (of which no more than 0.5 ppm is TMS) ...... 1.5 Wheat straw (of which no more than 0.5 ppm is TMS) ...... 1.0

1 There are no U.S. registrations as of the date of publication of the tolerance in the FEDERAL REGISTER

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(b) Section 18 emergency exemptions. Summary of Tenth Order on only a six month period, to receive [Reserved] Reconsideration in CC Docket No. 96– discounts for the following six months (c) Tolerances with regional 45. from January 1, 1999 through June 30, registrations. [Reserved] 1. By this Order, we take steps 1999. For example, applicants that filed (d) Indirect or inadvertent residues. designed to ensure that eligible schools, during the filing window and had [Reserved] libraries, and rural health care providers existing contracts expiring between the 1998 filing window closing date and [FR Doc. 99–10520 Filed 4–27–99; 8:45 am] gain access to, and receive, discounted December 31, 1998 may have been BILLING CODE 6560±50±F services throughout the first funding cycle. We note that our actions address willing, under the old calendar year funding cycle, to forego a month or two concerns raised by various schools and of discounts in anticipation of discounts libraries in light of the Commission’s FEDERAL COMMUNICATIONS for the following year (starting in extension of the 1998–99 funding year. COMMISSION January). Under the new fiscal year I. Limited Exemption From Competitive funding cycle (starting in July) 47 CFR Part 54 Bidding implemented in our orders, however, [CC Docket No. 96±45; FCC 99±46] 2. On our own motion, we find that these applicants would be required to it is in the public interest to reconsider engage in competitive bidding for only Federal-State Joint Board on Universal the portion of the Fifth Reconsideration a six-month period or be left without Service Order and the Ninth Reconsideration discounts for a period of greater than six Order, 63 FR 43088 (August 12, 1998), months. An unintended consequence of AGENCY: Federal Communications the two orders, therefore, was that Commission. 64 FR 0259 (January 15, 1999), relating to the limited exemption from applicants with contracts expiring before December 31, 1998 were treated ACTION: Final rule. competitive bidding. After further less favorably than applicants with reflection, informed by the Council of SUMMARY: In this document, we take contracts expiring between December Chief State School Officers (CCSSO’s) steps designed to ensure that eligible 31, 1998 and June 30, 1999. schools, libraries, and rural health care letter, we conclude that it is necessary 4. We further note that the policy providers gain access to, and receive, to modify sections 54.511 and 54.604 of interest we articulated in the Fifth discounted services throughout the first our rules, so that eligible applicants that Reconsideration Order and the Ninth funding cycle. Specifically, we amend filed during the initial filing window Reconsideration Order (i.e., eliminating our rules to allow schools, libraries, and and were approved for discounts, are the administrative burden of bidding for rural health care providers with existing exempt from our competitive bidding only a six-month period) exists equally contracts that expired prior to December rules for voluntary extensions or for applicants with existing contracts 31, 1998 to extend or renew voluntarily renewals of existing contracts to a date expiring between the closing dates of these existing contracts without no later than June 30, 1999. This their filing windows and December 31, engaging in competitive bidding modification is necessary in light of the 1998, and those with existing contracts through June 30, 1999. As a result, we Commission’s decision in the Fifth expiring between December 31, 1998 will permit schools and libraries to be Reconsideration Order to change the and June 30, 1999. In light of these eligible for additional discounts on funding year from a calendar year to a considerations, and those raised by the recurring services covered by such fiscal year that begins July 1st and ends CCSSO and various schools, we contracts for the period from January 1, June 30th of each year. The modification reconsider our holding in the Fifth 1999 through June 30, 1999. We also applies only to the 1998 funding year. Reconsideration Order and the Ninth amend our rules to allow schools and 3. When the Commission changed the Reconsideration Order and find herein libraries to use nonrecurring services for funding cycle for schools and libraries that all schools, libraries, and rural which the Administrator has approved on June 22, 1998, and for rural health health care providers that have applied a request for a discount for this funding care providers on December 31, 1998, and been approved for discounts for year, 1998–1999, through September 30, the initial filing windows had already eligible services subject to existing 1999. This specific action will not result closed, and some schools, libraries, and contracts that expire between the in increased funding amounts from the rural health care providers had existing respective closing dates of their 1998 schools and libraries universal service contracts that were set to end before filing window and June 30, 1999, are support mechanism because this change December 31, 1998. We decided in the exempt from our competitive bidding in our rules will merely allow schools Fifth Reconsideration Order and the requirements for voluntary extensions and libraries a longer period of time in Ninth Reconsideration Order to allow or renewals of these contracts to a date which to complete receipt of non- exemption from our competitive no later than June 30, 1999. As we noted recurring services. bidding requirements for voluntary previously in the Fifth Reconsideration extensions of existing contracts expiring Order it would be administratively and DATES: Effective April 28, 1999. between December 31, 1998 and June financially unworkable for schools, FOR FURTHER INFORMATION CONTACT: 30, 1999, because it would be libraries, and rural health care providers Sharon Webber, Attorney, Common ‘‘administratively and financially to participate in competitive bidding for Carrier Bureau, Accounting Policy unworkable’’ for them to participate in only a six-month service period. Division, (202) 418–7400. competitive bidding for only a six 5. In extending this exemption from SUPPLEMENTARY INFORMATION: This is a month service period. The Commission our competitive bidding requirements, summary of the Commission’s did not foresee, however, that some we make clear that additional discounts document released on April 2, 1999. applicants that were approved to receive for these contracts will only be available The full text of this document is universal service discounts had existing for recurring services for the period available for public inspection during contracts that would expire before January 1, 1999 through June 30, 1999. regular business hour in the FCC December 31, 1998, and would With respect to the limited time period, Reference Center, 445 12th Street, S.W., consequently be unable, without we recognize that parties to these Washington, D.C. 20554. engaging in competitive bidding for contracts were unintentionally treated

VerDate 26-APR-99 09:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm07 PsN: 28APR1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations 22807 differently from those applicants with that the delay in providing schools and close of school, which may run close to existing contracts expiring after libraries with information on the the end of the funding year. Moreover, December 31, 1998, but we do not discounts that they were approved to although schools and libraries should intend to place them in a better position receive from service providers pursuant have contracts in place to begin the than they would have been had we not to their requests under section 254 work necessary to ensure service can be changed the funding year. That is, if could contribute to applicants’ inability taken, actually having the necessary applicants were willing to forego a to receive discounted services within personnel on site to complete the month or two of discounted services, in the original funding year deadline. We contract by June 30, 1999, could prove anticipation of a funding year beginning note that this rule change applies only difficult, if not impossible. Giving on January 1, 1998, we will not now to the 1998–99 funding year, and is not schools and libraries additional time in provide discounts for that period in applicable to subsequent funding cycles. which to complete delivery of which the applicant made such a 8. Since that time, the Administrator nonrecurring services will address these conscious decision. Therefore, recurring has begun to inform schools and concerns. We note that, with respect to services in these approved existing libraries about their eligibility to receive this change, we are not increasing the contracts expiring between the closing discounted services and the availability amount of discounts that schools and dates of the 1998 filing window and of funds to cover such discounted libraries may receive for nonrecurring June 30, 1999, will be eligible for services. Although the Administrator services in 1998–99 beyond those universal service discounts only for the proceeded at a reasonable pace, we are already anticipated by the period from January 1, 1999 through concerned that some schools and Administrator; we are merely providing June 30, 1999, pursuant to sections libraries that will be approved to receive schools and libraries with additional 54.501, 54.511(c) and (d), 54.601, and discounted services may have been time in which to complete their receipt 54.611 of our rules. Consistent with our informed by the Administrator rather of these discounted nonrecurring decision in the Fifth Reconsideration late in the funding year. Because the services. Such nonrecurring services Order and the Ninth Reconsideration schools and libraries support must have been requested within the Order additional discounts will be mechanism was first implemented in initial filing window and approved by funded at the monthly level approved this 1998–99 funding year, we did not the Administrator for this funding year, by the Administrator, as established by anticipate these initial delays. Indeed, 1998–1999. letters sent to eligible schools and the Administrator continued to notify 11. In order to ensure equitable libraries, and rural health care schools of their eligibility to receive treatment for recipients of discounts for discounted services and the availability providers, through June 30, 1999. We nonrecurring services, we also adopt a of funds to cover the provision of such conclude that this approach is limited extension of our exemption from reasonable because telecommunications services through February of this year. 9. As recently highlighted by the competitive bidding for existing services and Internet access are contracts with respect to these generally provided at regular, monthly CCSSO, such schools and libraries quite reasonably may not be able to complete nonrecurring services. Contracts exempt intervals and are billed on a monthly, from competitive bidding that will recurring basis. the prerequisites necessary to receive nonrecurring discounted services by expire by June 30, 1999, may be II. Nonrecurring Services June 30, 1999, the end of this funding voluntarily extended with respect to 6. We also reconsider on our own year. For example, some schools and nonrecurring services for which motion, for the 1998–1999 funding year, libraries may have been reluctant to discounts have been approved by the the requirement that schools and initiate the installation of internal Administrator for the funding year libraries use nonrecurring, discounted connections without first being notified 1998–1999, until September 30, 1999. services within the funding year for by the Universal Service Administrator This extension applies only to the which the discounts were received. of approval of their requested discounts period during which schools and Specifically, we amend our rules to for these nonrecurring services. We libraries may receive nonrecurring allow schools and libraries to use believe it would be unduly harsh to services for which discounts have been nonrecurring services for which insist that those schools and libraries approved by the Administrator for the discounts have been committed by the forgo these nonrecurring discounted first funding year; it does not provide Administrator until September 30, 1999, services, solely because they were not additional discount funds. Thus, parties three months beyond the end of this notified of their eligibility for such to such contracts may extend to first funding year. discounted services, within a time frame September 30, 1999 the date by which 7. As previously explained, in June that would allow them to take advantage nonrecurring services approved for 1998, we changed the funding year for of such services. Such schools and discounts may be received without the schools and libraries universal libraries should not be penalized for complying with the competitive bidding services support mechanism to begin merely being cautious about taking such process. Parties may not, however, July 1 of a given year and to end June services without full information as to extend other provisions beyond the 30 of the following year. In addition, we how they would pay for the services. dates established by our rules without extended our first funding year to 10. In addition, as we noted in the complying with the competitive bidding coincide with this new funding year Fifth Reconsideration Order many process. rule, resulting in an eighteen-month nonrecurring services may need to be 12. We believe these actions will implementation funding year (January 1, performed while children are not in ensure that schools and libraries are 1998–June 30, 1999). When we changed school. Thus, schools notified in provided the ability to access ‘‘advanced this first funding year, we explicitly February of their qualification for these telecommunications and information noted that this change would ameliorate discounted services have little services.’’ At the same time, these concerns by applicants that they would opportunity to receive such services changes will not undermine the efficacy be unable to receive services of a between now and the end of this of the schools and libraries universal nonrecurring nature, such as internal funding year. Indeed, for many schools, service support mechanism, because connections, prior to the close of the the only time available to receive they will not adversely affect the funding year. Indeed, we recognized nonrecurring services may be at the administration of that mechanism. Nor

VerDate 26-APR-99 15:31 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm02 PsN: 28APR1 22808 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations will these actions financially Flexibility Analyses in the Fifth the Administrator for the funding year overburden the schools and libraries Reconsideration Order and Ninth 1998–1999 until September 30, 1999. As universal support mechanism because Reconsideration Order. This FRFA was explained above, we find these actions they require no additional funding; preceded by an Initial Regulatory will ensure that schools and libraries are rather, they merely allow collected Flexibility Analysis (IRFA) incorporated provided the ability to access ‘‘advanced funds to be used within a reasonable in the Notice of Proposed Rulemaking telecommunications and information time period. and Order Establishing the Joint Board services,’’ consistent with section 254. (NPRM), prepared in connection with III. Effective Date of Rules B. Summary and Analysis of the the Recommended Decision, which Significant Issues Raised by Public 13. In this Order, as noted, we adopt sought written public comment on the Comments in Response to the IRFA amendments to our exemption from proposals in the NPRM and the competitive bidding requirements Recommended Decision. 18. The Commission received several (sections 54.511 and 54.604 of our rules) 15. To the extent that any statement letters from various small governmental so that schools, libraries, and rural contained in this Supplemental Final entities encouraging us to reconsider health care providers that filed Regulatory Flexibility Analysis is our rules regarding the exemption of applications within the 75-day initial perceived as creating ambiguity with contracts from competitive bidding, and filing window may be exempt from respect to our rules or statements made the application of discounts to competitive bidding requirements for in preceding sections of this Order, the nonrecurring services beyond the first voluntary extensions or renewals of rules and statements set forth in those funding period. As a result, in this existing contracts to a date no later than preceding sections shall be controlling. Order, we have reconsidered our limited June 30, 1999. The limited exemption exemption from competitive bidding from competitive bidding for voluntary A. Need for and Objectives of this and have determined that all schools, extensions or renewals of existing Report and Order libraries, and rural health care providers contracts that would otherwise expire 16. The Commission is required by that have applied and been approved for between the closing dates of the 1998 section 254 of the Act to promulgate discounts in this initial funding cycle, filing window and June 30, 1999, will rules to implement promptly the may be exempt from competitive be available only through June 30, 1999. universal service provisions of section bidding for voluntary extensions or Further, we adopt amendments to 254. On May 8, 1997, the Commission renewals of existing contracts to a date sections 54.507(b) and 54.511(d), with adopted rules intended, inter alia, to no later than June 30, 1999, where such respect to nonrecurring services. These reform our system of universal service contracts otherwise would expire rule changes will make it less difficult support mechanisms so that universal between the closing date of their 1998 for schools and libraries to receive service is preserved and advanced as filing windows and June 30, 1999. We eligible, discounted services pursuant to markets move toward competition. In further amend our rules to allow schools section 254 of the Communications Act this Order, we reconsider one aspect of and libraries to receive nonrecurring of 1934, as amended. Pursuant to the those rules. Specifically, in order to give services for which they applied and Administrative Procedure Act, we find consistent treatment to all schools, have received approval for discounts that we should depart from the general libraries, and rural health care providers from the Administrator for the funding requirement that final rules take effect that applied for discounts during the 75- year 1998–1999, through September 30, not less than thirty days after their day initial filing window, we amend 1999. publication in the Federal Register, sections 54.511(d) and 54.604 of our C. Description and Estimates of the because these substantive rule changes rules, so that all applicants that filed for Number of Small Entities to Which the grant an exemption and ‘‘relieve[. . .] a support during the initial filing window Rules Adopted in This Order Will restriction.’’ We conclude that these may be exempt from our competitive Apply new rules will take effect upon the date bidding rules for voluntary extensions of their publication in the Federal or renewals of existing contracts to a 19. The RFA directs agencies to Register. date no later than June 30, 1999. This, provide a description of and, where we find, is in the public interest. feasible, an estimate of the number of IV. Supplemental Final Regulatory 17. In addition, in order to avoid small entities that may be affected by Flexibility Analysis penalizing schools and libraries for any the proposed rules, if adopted. The RFA 14. In compliance with the Regulatory caution they exhibited in using generally defines the term ‘‘small Flexibility Act (RFA), and the Initial nonrecurring services without full entity’’ as having the same meaning as Regulatory Flexibility Analysis (IRFA) information as to how they would pay the terms ‘‘small business,’’ ‘‘small that accompanied the Collection Public for them, we amend section 54.507 of organization,’’ and ‘‘small governmental Notice, 63 FR 27542 (May 19, 1998), in our rules to allow schools and libraries jurisdiction.’’ In addition, the term the Federal Register, this Supplemental for which the Administrator approved ‘‘small business’’ has the same meaning Final Regulatory Flexibility Analysis discounts on eligible nonrecurring as the term ‘‘small business concern’’ (SFRFA) supplements the Final services to receive such services through under the Small Business Act. A small Regulatory Flexibility Analysis (FRFA) September 30, 1999. To provide business concern is one which: (1) is included in the Universal Service Order, equitable treatment, we amend section independently owned and operated; (2) 62 FR 32862 (June 17, 1997), and the 54.511(d) of our rules to allow a limited is not dominant in its field of operation; Supplemental Final Regulatory extension of our exemption from the and (3) satisfies any additional criteria Flexibility Analyses in the Fifth competitive bidding rules for voluntary established by the Small Business Reconsideration Order and the Ninth extensions on existing contracts with Administration (SBA). A small Reconsideration Order only to the respect to nonrecurring services. organization is generally ‘‘any not-for- extent that changes to the Order adopted Contracts exempt from competitive profit enterprise which is independently here on reconsideration require changes bidding that will expire by June 30, owned and operated and is not in the conclusions reached in the FRFA 1999 may be voluntarily extended with dominant in its field.’’ Nationwide, as of in the Universal Service Order and the respect to nonrecurring services for 1992, there were approximately 275,801 Supplemental Final Regulatory which discounts have been approved by small organizations. ‘‘Small

VerDate 26-APR-99 09:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm07 PsN: 28APR1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations 22809 governmental jurisdiction’’ generally D. Summary Analysis of the Projected some schools and libraries, and other means ‘‘governments of cities, counties, Reporting, Recordkeeping, and Other entities. Compliance Requirements towns, townships, villages, school E. Steps Taken to Minimize Significant districts, or special districts, with a 23. In the FRFA to the Universal Economic Impact on Small Entities, and population of less than 50,000.’’ As of Service Order, we described the Significant Alternatives Considered 1992, there were approximately 85,006 projected reporting, recordkeeping, and 26. In the FRFA to the Universal such jurisdictions in the United States. other compliance requirements Service Order, the Commission This number includes 38,978 counties, associated with the Schools and described the steps taken to minimize cities, and towns; of these, 37,566, or 96 Libraries section, the Rural Health Care the significant economic impact on a percent, have populations of fewer than Provider section, and the substantial number of small entities 50,000. The Census Bureau estimates Administration section of the Universal consistent with stated objectives that this ratio is approximately accurate Service Order. We provide the following associated with the Schools and for all governmental entities. Thus, of analysis of the new requirements Libraries section, the Rural Health Care the 85,006 governmental entities, we adopted in this present Order. Provider section, and the estimate that 81,600 (91 percent) are 24. Under the rule changes adopted Administration section of the Universal small entities. herein, those schools, libraries, and Service Order. As described above, our rural health care providers that filed current action to amend our rules 20. As noted in the FRFA at applications within the 75-day initial paragraphs 890–925 of the Universal regarding exemptions from competitive filing window, are exempt through June bidding will benefit schools, libraries, Service Order, there are a number of 30, 1999 from our competitive bidding small entities that would be affected by and rural health care providers, by rules for voluntary extensions or eliminating the administrative burden of the new universal service rules. The renewals of their existing contracts for bidding for services for only a six-month rules adopted in this Order, however, telecommunications and Internet access period through June 30, 1999. In would affect primarily only schools, services. This revised rule is in the addition, our decision to amend our libraries, and rural health care public interest because it provides rules to allow schools and libraries for providers. Moreover, because the rules consistent treatment to all applicants which the Administrator approved would relieve restrictions on these that filed during the 75-day initial filing discounts on eligible nonrecurring entities, we believe these rules would window, regardless of when their services to receive such services through not have a significant impact on these existing contracts were set to expire. September 30, 1999 will benefit schools small entities. We further describe and Further, as noted, this revised rule also and libraries because it will provide estimate, however, the number of small eliminates the administrative burden for them additional time in which to governmental jurisdictions, small schools, libraries, and rural health care receive such services. Moreover, our businesses, and small organizations that providers, of bidding for only a six decision to allow a limited extension of may potentially be affected by the rules month period. This change will not our exemption from the competitive adopted in this Order. have a significant impact on the bidding rules for voluntary extensions reporting, recordkeeping, and other 21. The Commission specifically on existing contracts with respect to compliance requirements for the nonrecurring services will also provide noted in the Universal Service Order schools, libraries, and rural health care additional time in which to receive such that the SBA defined small elementary support mechanisms, and may reduce services without the potential and secondary schools and small paperwork for some schools, libraries, administrative burden of bidding for libraries as those with under $5 million rural health care providers, and other such services. We believe that these in annual revenues. The Commission entities. amended rules fulfill the statutory further estimated that there are fewer 25. In addition, we adopt rule changes mandate to enhance access to than 86,221 public and 26,093 private to allow schools and libraries for which telecommunications services for schools and fewer than 15,904 libraries the Administrator approved discounts schools, libraries, and rural health care that may be affected by the decisions on eligible nonrecurring services to providers, and fulfill the statutory and rules adopted in the Universal receive such services through principle of providing quality services Service Order. We believe that these September 30, 1999. We also allow a at ‘‘just, reasonable, and affordable same small entities may be affected limited extension of our exemption from rates,’’ without imposing unnecessary potentially by the rules adopted in this the competitive bidding rules for burdens on schools, libraries, rural Order. voluntary extensions on existing health care providers, or service contracts with respect to nonrecurring providers, including small entities. 22. In addition, the Commission noted services. Contracts exempt from in the Universal Service Order that competitive bidding that will expire by V. Ordering Clauses neither the Commission nor the SBA June 30, 1999 may be voluntarily 27. Accordingly, it is ordered that, has developed a definition of small, extended with respect to nonrecurring pursuant to the authority contained in rural health care providers. Section services for which discounts have been sections 1–4, 201–205, 254, 303(r), 403, 254(h)(5)(B) defines the term ‘‘health approved by the Administrator for the and 405 of the Communications Act of care provider’’ and sets forth the seven funding year 1998–1999 until 1934, as amended, 47 U.S.C. 151–154, categories of health care providers September 30, 1999. These rule changes 201–205, 254, 303(r), 403, and 405, and eligible to receive universal service will allow schools and libraries 47 CFR 1.108 of the Commission’s rules, support. We estimated that there are additional time in which to receive the Tenth Order on Reconsideration in fewer than 12,296 health care providers discounted, nonrecurring services. CC Docket No. 96–45 is adopted. potentially affected by the rules in the These changes also will not have a 28. It is further ordered that, pursuant Universal Service Order. We note that significant impact on the reporting, to the authority contained in sections 1– these small entities may potentially be recordkeeping, and other compliance 4, 201–205, 254, 303(r), 403, and 405 of affected by the rules adopted in this requirements for the schools and the Communications Act of 1934, as Order. libraries, and may reduce paperwork for amended, 47 U.S.C. 151–154, 201–205,

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254, 303(r), 403, and 405, and 47 CFR 3. Revise § 54.511(d) to read as DEPARTMENT OF COMMERCE 1.108 of the Commission’s rules, part 54 follows of the Commission’s rules, 47 CFR part National Oceanic and Atmospheric 54, are amended, as set forth. § 54.511 Ordering services. Administration 29. It is further ordered that, because * * * * * * 50 CFR Part 660 the rule changes set forth below grant an (d)(1) The exemption from the exemption and relieve a restriction, the competitive bid requirements set forth [Docket No. 981204297±9091±02; I.D. rule changes are effective immediately in paragraph (c) of this section shall not 110698B] upon publication in the Federal apply to voluntary extensions or RIN 0648±AK21 Register. renewals of existing contracts, with the 30. It is further ordered that the Fisheries Off West Coast States and in Commission’s Office of Public Affairs, exception that an eligible school or library as defined under § 54.501 or the Western Pacific; Western Pacific Reference Operations Division, shall Bottomfish Fishery; Amendment 5 send a copy of this Tenth Order on consortium that includes an eligible Reconsideration, including the school or library, that filed an AGENCY: National Marine Fisheries Supplemental Final Regulatory application within the 75-day initial Service (NMFS), National Oceanic and Flexibility Analysis, to the Chief filing window for 1998 (January 30, Atmospheric Administration (NOAA), Counsel for Advocacy of the Small 1998–April 15, 1998), may voluntarily Commerce. Business Administration. extend or renew, to a date no later than ACTION: Final rule. June 30, 1999, an existing contract that List of Subjects in 47 CFR Part 54 otherwise would terminate between SUMMARY: NMFS issues a final rule to Healthcare providers, Libraries, April 15, 1998 and June 30, 1999. implement Amendment 5 to the Fishery Management Plan for Bottomfish and Reporting and recordkeeping (2) For the 1998–1999 funding year, a Seamount Groundfish Fisheries of the requirements, Schools, contract exempt from the competitive Telecommunications, Telephone. Western Pacific Region (FMP). This rule bid requirement, as described in implements a permanent limited access Federal Communications Commission. paragraph (c) of this section, may be program for the Mau Zone bottomfish Magalie Roman Salas, voluntarily extended to September 30, fishery in the Northwestern Hawaiian Secretary. 1999 only to the extent necessary to Islands (NWHI). The intent of this Rule Changes permit delivery of the nonrecurring action is to conserve and support the services subject to that contract and for long-term productivity of the bottomfish Part 54 of Title 47 of the Code of which discounts have been approved. stocks by preventing the potential for Federal Regulations is amended to read excessive harvest capacity and to as follows: 4. Revise § 54.604(d) to read as follows improve the low economic returns in PART 54ÐUNIVERSAL SERVICE the fishery. § 54.604 Existing contracts. DATES: Effective May 28, 1999. 1. The authority citation for part 54 * * * * * * ADDRESSES: Copies of Amendment 5 continues to read as follows: (d) The exemption from competitive may be obtained from Kitty Simonds, Authority: 47 U.S.C. 1, 4(i), 201, 205, 214, bid requirements set forth in paragraph Executive Director, Western Pacific and 254 unless otherwise noted. (a) of this section shall not apply to Fishery Management Council, 1164 Bishop St., Suite 1400, Honolulu, HI 2. Revise § 54.507(b) to read as voluntary extensions or renewals of 96813. Comments on the modifications follows existing contracts, except to the extent to approved collection-of-information that an eligible rural health care § 54.507 Cap. requirements should be sent to the provider as defined in § 54.601 or * * * * * * Pacific Island Area Office (PIAO), consortium that includes an eligible (b) A funding year for purposes of the NMFS, 2570 Dole Street, Honolulu, HI health care provider, and that filed an schools and libraries cap shall be the 96813 and to the Office of Information application within the 75-day initial period July 1 through June 30. For the and Regulatory Affairs, Office of initiation of the mechanism only, the filing window for 1998 (May 1, 1998— Management and Budget (OMB), eighteen month period from January 1, July 14, 1998), may voluntarily extend Washington, D.C. 20503 (ATTN: NOAA 1998 to June 30, 1999 shall be or renew, to a date no later than June 30, Desk Officer). considered a funding year. For the 1999, an existing contract that otherwise FOR FURTHER INFORMATION CONTACT: 1998–99 funding year: would terminate between July 14, 1998 Alvin Katekaru, Fishery Management (1) Schools and libraries filing and June 30, 1999. Specialist, PIAO, NMFS, at 808–973– applications within the initial 75-day [FR Doc. 99–10702 Filed 4–27–99; 8:45 am] 2985 or Kitty Simonds at 808–522–8220. filing window, and receiving approval BILLING CODE 6712±01±P SUPPLEMENTARY INFORMATION: NMFS is for discounts on recurring services, shall issuing this rule to implement FMP receive funding for requested recurring Amendment 5, as recommended by the services through June 30, 1999; and Western Pacific Fishery Management (2) Schools and libraries filing Council (Council) under the authority of applications within the initial 75-day the Magnuson-Stevens Fishery filing window, and receiving approval Conservation and Management Act for discounts on eligible nonrecurring (Magnuson-Stevens Act). This rule services, may receive those implements a limited access program for nonrecurring services subject to the the Mau Zone bottomfish fishery in the approved discount amounts through NWHI. The Mau Zone is located north September 30, 1999. of Kauai between 161°20′ W. and * * * * * * 165°00′ W. longitude in the U.S.

VerDate 26-APR-99 09:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm07 PsN: 28APR1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations 22811 exclusive economic zone around the revised for housekeeping purposes only, to the requirements of the PRA, unless Hawaiian Islands. The amendment is such as moving the description of that collection of information displays a intended to prevent biological ‘‘qualifying landing’’ for initial currently valid OMB control number. overfishing and improve poor economic Ho’omalu Zone permit eligibility points The collection of this information has returns that are plaguing the open and permit renewal from the Definitions been approved by OMB, under OMB access bottomfish fishery in the Mau section (§ 660.12) of subpart B (Western control number 0648–0204 for Federal Zone. The history of the Mau Zone Pacific Fisheries - General) to subpart E fishing permits. bottomfish fishery, including the (Bottomfish and Seamount Groundfish The public reporting burden for these establishment of a control date and a 2- Fisheries). Section 660.67(d)(3) of the requirements is estimated to be 45 year moratorium on issuance of new current bottomfish regulations that refer minutes for a Mau Zone limited access Mau Zone open access permits, is to 1985 and 1986 ‘‘control dates’’ for permit application, 2 hours for a permit summarized in the preamble to the limiting access to the fisheries off the appeal submission, and 1 hour for proposed rule (64 FR 823, January 6, NWHI, Guam, and American Samoa is permit renewal exemption request per 1999) and is not repeated here. removed since it is unlikely that the response, including the time for This rule: (1) restricts participation in Council and NMFS will use such old reviewing instructions, searching the Mau Zone bottomfish fishery to control dates. existing data sources, gathering and maintaining the data needed, and vessel owners who hold limited access Comments and Response permits; (2) adopts 10 as the long-term completing and reviewing the collection target number of vessels that would be NMFS received three comments from of information. This rule also restates an allowed to fish for bottomfish in the the public during the comment period information collection requirement Mau Zone; (3) establishes qualifying on the proposed rule which ended already approved by OMB under control criteria for allocating initial Mau Zone February 22, 1999. number 0648–0204. An application for limited access permits based on historic Comment: Three commenters a Ho’omalu Zone limited access permit participation in the fishery (December expressed their support for setting aside is estimated to take 2 hours for an initial 17, 1991, control date) and landing of two permits for a Western Pacific application and 1 hour for an bottomfish from the Mau Zone up to Community Development Program. application for renewal. Send comments Response: NMFS agrees. December 31, 1996; (4) prohibits the regarding these burden estimates or any transfer, lease, charter, or sale of permits Changes to the Proposed Rule other aspect of the data requirements, to reduce the number of vessels in the including suggestions for reducing the Except for insertion of specific dates burden to NMFS (see ADDRESSES) and fishery to achieve the target number; (5) in § 660.61(a)(3) and (b)(3), no changes provides that Mau Zone limited access to the Office of Information and were made to the proposed rule. The Regulatory Affairs, OMB, Washington, permits issued to partnerships or regulatory text of this final rule is the corporations will expire (and must D.C. 20503 (ATTN: NOAA Desk same as the regulatory text of the Officer). surrendered to NMFS) upon a change in proposed rule. more than 50 percent ownership in the List of Subjects in 50 CFR Part 660 vessel, partnership or corporation; (6) Classification Administrative practice and limits the amount of time a permit The Administrator, Southwest Region, procedure, American Samoa, Fisheries, holder may register a limited access NMFS, determined that FMP Fishing, Guam, Hawaiian Natives, permit for use with a leased or chartered Amendment 5 is necessary for the Indians, Northern Mariana Islands, vessel; (7) limits the length of conservation and management of the Reporting and recordkeeping replacement vessels to no longer than 60 bottomfish and seamount groundfish requirements. ft (18.3 m); (8) requires permit holders fisheries of the Western Pacific region to make a minimum of five landings of and that it is consistent with the Dated: April 22, 1999. at least 500 lb (227 kg) each of Magnuson-Stevens Fishery Penelope D. Dalton, bottomfish management unit species Conservation and Management Act and Assistant Administrator for Fisheries, each year from the Mau Zone to qualify other applicable laws. National Marine Fisheries Service. for permit renewal; (9) states that the This final rule has been determined to For the reasons set out in the Council will undertake a 5-year be not significant for the purposes of preamble, 50 CFR part 660 is amended comprehensive review of the limited E.O. 12866. as follows: access program to determine its The Chief Counsel for Regulation of effectiveness in meeting the objectives the Department of Commerce certified PART 660 - FISHERIES OFF WEST of the FMP; (10) requires the Council to to the Chief Counsel for Advocacy of the COAST STATES AND IN THE develop criteria to allow new entry into Small Business Administration that this WESTERN PACIFIC the Mau Zone when the number of rule, if adopted as proposed, would not 1. The authority citation for part 660 permitted vessels falls below 10; and have a significant economic impact on continues to read as follows: (11) reserves 20 percent of the long-term a substantial number of small entities. target number of limited access permits, No comments were received regarding Authority: 16 U.S.C. 1801 et seq. i.e., two permits, for a Western Pacific this certification. As a result, a 2. Section 660.12 is amended by Community Development Program. The regulatory flexibility analysis was not removing the definitions of ‘‘Pacific rule establishes a fee for processing Mau prepared. Area Office,’’ and ‘‘Qualifying landing’’, Zone permits, specifies an appeals This rule contains collection-of- revising the definition of ‘‘Owner’’ and process for permit actions, and prohibits information requirements subject to the adding a definition of ‘‘Pacific Islands the retention of incidentally caught Paperwork Reduction Act (PRA). Area Office’’ to read as follows: bottomfish in the Mau Zone without a Notwithstanding any other provision of limited access permit are described in the law, no person is required to § 660.12 Definitions. Amendment 5. Also, certain provisions respond to, nor shall any person be * * * * * governing the Ho’omalu Zone subject to a penalty for failure to comply Owner, as used in subparts C and D bottomfish limited access program are with, a collection of information subject of this part and § 660.61(i)through (m),

VerDate 26-APR-99 09:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\28APR1.XXX pfrm07 PsN: 28APR1 22812 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations means a person who is identified as the 4. Section 660.61 is revised to read as (ii) Copy of State of Hawaii catch current owner of the vessel as described follows: report(s) to demonstrate that the in the Certificate of Documentation permitted vessel had made qualifying (Form CG–1270) issued by the USCG for § 660.61 Permits. landings of bottomfish from the Mau a documented vessel, or in a registration (a) Applicability. (1) The owner of any Zone; and certificate issued by a state, a territory, vessel used to fish for bottomfish (iii) If the application is filed by a or the USCG for an undocumented management unit species in the partnership or corporation, the names of vessel. As used in subpart F of this part Northwestern Hawaiian Islands Subarea each of the individual partners or and § 660.61(c) through (h), the must have a permit issued under this shareholders and their respective definition of ‘‘owner’’ in § 600.10 of this section and the permit must be percentage of ownership of the chapter continues to apply. registered for use with the vessel. partnership or corporation. Pacific Islands Area Office means the (2) The PIAO will not register a single (c) Sale or transfer of Ho’omalu Pacific Islands Area Office, (PIAO) vessel for use with a Ho’omalu Zone limited access permits to new vessel Southwest Region, NMFS, located in permit and a Mau Zone permit at the owners. (1) A Ho’omalu zone permit Honolulu, Hawaii. The address and same time. may not be sold or otherwise transferred phone number may be obtained from (3) Mau Zone permits issued before to a new owner. the Regional Administrator, whose June 14, 1999 become invalid June 14, (2) A Ho’omalu zone permit or address is in Table 1 to § 600.502 of this 1999, except that a permit issued to a permits may be held by a partnership or chapter. person who submitted a timely corporation. If 50 percent or more of the application under paragraph (i) of this ownership of the vessel passes to * * * * * section is valid until the permit holder persons other than those listed in the 3. Section 660.13 is amended by either receives a Mau Zone limited entry original application, the permit will revising paragraphs (f), (g), and (i) to permit or until final agency action is lapse and must be surrendered to the read as follows: taken on the permit holder’s Regional Administrator. § 660.13 Permits and fees. application. The Ho’omalu Zone and the (d) Transfer of Ho’omalu Zone limited access permits to replacement vessels. * * * * * Mau Zone limited entry systems (1) Upon application by the owner of a (f) Fees. (1) PIAO will not charge a fee described in this section are subject to permitted vessel, the Regional for a permit issued under subpart D or abolition, modification, or additional Administrator will transfer that owner’s F of this part, or for a Ho’omalu Zone effort limitation programs. permit to a replacement vessel owned limited access permit issued under (b) Submission. (1) An application for by that owner, provided that the § 660.61. a permit required under this section replacement vessel does not exceed 60 (2) PIAO will charge a fee for each must be submitted to the PIAO as ft (18.3 m) in length. The replacement application for a Hawaii longline described in § 660.13. (2) Ho’omalu vessel must be put into service no later limited access permit (including permit Zone limited access permit. In addition than 12 months after the owner applies transfers and permit renewals) and Mau to an application under § 660.13(c), each for the transfer, or the transfer shall be Zone limited access permit (including applicant for a Ho’omalu Zone permit must also submit a supplementary void. permit renewals). The amount of the fee (2) An owner of a permitted vessel is calculated in accordance with the information sheet provided by the PIAO, which must be signed by the may apply to the Regional procedures of the NOAA Finance Administrator for transfer of that Handbook, available from the Regional vessel owner or a designee and include the following information: owner’s permit to a replacement vessel Administrator, for determining the greater than 60 ft (18.3 m) in length. The administrative costs of each special (i) The qualification criterion that the applicant believes he or she meets for Regional Administrator may transfer the product or service. The fee may not permit upon determining, after exceed such costs and is specified with issuance of a limited access permit; (ii) A copy of landings receipts or consultation with the Council and each application form. The appropriate other documentation, with a considering the objectives of the limited fee must accompany each application. certification from a state or Federal access program, that the replacement Failure to pay the fee will preclude agency that this information is accurate, vessel has catching power that is issuance of a Hawaii longline or Mau to demonstrate participation in the comparable to the rest of the vessels Zone limited access permit. NWHI bottomfish fishery; and holding permits for the fishery, or has (g) Expiration. (1) Permits issued (iii) If the application is filed by a catching power that does not exceed under subparts C, D, and F of this part partnership or corporation, the names of that of the original vessel, and that the are valid for the period specified on the each of the individual partners or transfer is not inconsistent with the permit unless transferred, revoked, shareholders and their respective objectives of the program. The Regional suspended, or modified under 15 CFR percentages of ownership of the Administrator shall consider vessel part 904. partnership or corporation. length, range, hold capacity, gear (2) Permits issued under subpart E of (3) Mau Zone limited access permit. limitations, and other appropriate this part expire at 2400 local time on The PIAO will not accept applications factors in making determinations of December 31. for a new Mau Zone permit after June catching power equivalency and * * * * * 14, 1999. In addition to an application comparability of the catching power of (i) Transfer. An application for a under § 660.13(c), each applicant for a vessels in the fishery. permit transfer under §§ 660.21(h), Mau Zone permit must also submit a (e) Ho’omalu Zone limited access 660.41(e), or 660.61(e), or for supplementary information sheet permit renewal. (1) A qualifying landing registration of a permit for use with a provided by the PIAO, which must be for Ho’omalu Zone permit renewal is a replacement vessel under § 660.61(k), signed by the vessel owner or a designee landing of at least 2,500 lb (1,134 kg) of must be submitted to the PIAO as and include the following information: bottomfish management unit species described in paragraph (c) of this (i) The qualification criterion that the from the Ho’omalu Zone or a landing of section. applicant believes he or she meets for at least 2,500 lb (1,134 kg) of fish from * * * * * issuance of a limited access permit; the Ho’omalu Zone, of which at least 50

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An applicant must (2) For purposes of this paragraph year if the vessel covered by the permit own at least a 25–percent share in the § 660.61(h), a ‘‘qualifying landing’’ made three or more qualifying landings vessel that the permit would cover, and means any amount of bottomfish during the current calendar year. only one permit will be assigned to any management unit species lawfully (2) The owner of a permitted vessel vessel. harvested from the Mau Zone and that did not make three or more (3) Order of issuance. New permits offloaded for sale. No points shall be qualifying landings of bottomfish in a shall be awarded to applicants in assigned to an owner for any qualifying year may apply to the Regional descending order, starting with the landings reported to the State of Hawaii Administrator for waiver of the landing applicant with the largest number of more than 1 year after the landing. requirement. If the Regional points. If two or more persons have an (3) More than one Mau Zone permit Administrator finds that failure to make equal number of points, and there are may be issued to an owner of two or three landings was due to circumstances insufficient new permits for all such more vessels, provided each of the beyond the owner’s control, the applicants, the new permits shall be owner’s vessels for which a permit will Regional Administrator may renew the awarded by the Regional Administrator be registered for use has made the permit. A waiver may not be granted if through a lottery. required qualifying landings for the the failure to make three landings was (4) Notification. The Regional owner to be assigned at least three due to general economic conditions or Administrator shall place a notice in the eligibility points. market conditions, such that the vessel Federal Register and shall use other (4) A Mau Zone permit holder who operations would not be profitable. means to notify prospective applicants does not own a vessel at the time initial (f) Issuance of new Ho’omalu Zone of the opportunity to file applications permits are issued must register the limited access permits. The Regional for new permits under this program. permit for use with a vessel owned by Administrator may issue new Ho’omalu (h) Eligibility for new Mau Zone the permit holder within 12 months Zone limited access permits under limited access permits (1) The PIAO from the date the permit was issued. In § 660.13 if the Regional Administrator will issue an initial Mau Zone permit to the interim, the permit holder may determines, in consultation with the a vessel owner who qualifies for at least register the permit for use with a leased Council, that bottomfish stocks in the three points under the following point or chartered vessel. If within 12 months Ho’omalu Zone are able to support system: of initial permit issuance, the permit additional fishing effort. (i) An owner who held a Mau Zone holder fails to apply to the PIAO to (g) Eligibility for new Ho’omalu Zone permit on or before December 17, 1991, register the permit for use with a vessel limited access permits. When the and whose permitted vessel made at owned by the permit holder, then the Regional Administrator has determined least one qualifying landing of permit expires. that new permits may be issued, they bottomfish management unit species on (5) For each of paragraphs (h)(1)(i) shall be issued to applicants based upon or before December 17, 1991, shall be through (h)(1)(viii) of this section, the eligibility, determined as follows: assigned 1.5 points. PIAO shall assign points based on the (1) Point system. (i) Two points will (ii) An owner whose permitted vessel landings of one permitted vessel to only be assigned for each year in which the made at least one qualifying landing of one owner if the vessel did not have applicant was owner or captain of a bottomfish management unit species multiple owners during the time frame vessel that made three or more of any during 1991, shall be assigned 0.5 point. covered by the subordinate paragraphs. of the following types of landings in the (iii) An owner whose permitted vessel If a vessel had multiple owners during NWHI: made at least one qualifying landing of a time frame covered by any of (A) Any amount of bottomfish bottomfish management unit species paragraphs (h)(1)(i) through (h)(1)(viii) management unit species, regardless of during 1992, shall be assigned 1.0 point. of this section (including joint owners, weight, if made on or before August 7, (iv) An owner whose permitted vessel partners, or shareholders of a corporate 1985; made at least one qualifying landing of owner), the PIAO will assign the points (B) At least 2,500 lb (1,134 kg) of bottomfish management unit species for that subordinate paragraph to a bottomfish management unit species, if during 1993, shall be assigned 1.5 single owner if only one owner submits made after August 7, 1985; or points. an application with respect to the (C) At least 2,500 lb (1,134 kg) of any (v) An owner whose permitted vessel landings of that vessel during that time fish lawfully harvested from the NWHI, made at least one qualifying landing of frame. If multiple owners submit of which at least 50 percent by weight bottomfish management unit species separate applications with respect to the was bottomfish, if made after August 7, during 1994, shall be assigned 2.0 same landings of the same vessel during 1985. points. the same time frame, then the PIAO (ii) One point will be assigned for (vi) An owner whose permitted vessel shall: each year in which the applicant was made at least one qualifying landing of (i) Adhere to any written agreement owner or captain of a vessel that landed bottomfish management unit species between the applicants with respect to at least 6,000 lb (2,722 kg) of bottomfish during 1995, shall be assigned 2.5 who among them shall be assigned the from the main Hawaiian Islands. points. aggregate point(s) generated by landings (iii) For any one year, points will be (vii) An owner whose permitted during such time frame(s), or assigned under either paragraph (g)(1)(i) vessel made at least one qualifying (ii) If there is no agreement: or (g)(1)(ii) of this section, but not under landing of bottomfish management unit (A) Shall issue the applicants a joint both paragraphs. species during 1996, shall be assigned permit provided the vessel’s landings (iv) Before the Regional Administrator 3.0 points. during such time frames generated at issues an Ho’omalu zone permit to fish (viii) Before the PIAO issues a Mau least three points, or for bottomfish under this section, the Zone permit to fish for bottomfish under (B) In the event the vessel’s landings primary operator and relief operator this section, the primary operator and during such time frame(s) generated less named on the application form must relief operator named on the application than three points, shall not assign any

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(1) A (3) Failure of the permit holder to registered for use with that vessel, Mau Zone permit may be held by an register a vessel for use under the permit issued under § 660.13. individual, partnership, or corporation. does not exempt a permit holder from * * * * * No more than 49 percent of the the requirements specified in this 6. Section 660.67 is amended by underlying ownership interest in a Mau paragraph. removing paragraph (d)(3) and adding Zone permit may be sold, leased, (k) Appeals of permit actions. (1) new paragraph (e) to read as follows: chartered, or otherwise transferred to Except as provided in subpart D of 15 another person or entity. If more than 49 CFR part 904, any applicant for a permit § 660.67 Framework for regulatory percent of the underlying ownership of or a permit holder may appeal the adjustments. the permit passes to persons or entities granting, denial, or revocation of his or * * * * * other than those listed in the original her permit to the Regional (e) Five-year review. The Council will permit application supplemental Administrator. conduct a comprehensive review on the information sheet, then the permit (2) In order to be considered by the effectiveness of the Mau Zone limited expires and must be surrendered to the Regional Administrator, such appeal access program 5 years following PIAO. must be in writing, must state the action implementation of the program. The (2) A Mau Zone permit holder may appealed, and the reasons therefore, and Council will consider the extent to apply under § 660.13 to the PIAO to must be submitted within 30 days of the which the FMP objectives have been register the permit for use with another appealed action. The appellant may met and verify that the target number of vessel if that vessel is owned by the request an informal hearing on the vessels established for the fishery is permit holder, and is no longer than 60 appropriate for current fishing activity ft (18.3 m). appeal. (3) The Regional Administrator, in levels, catch rates, and biological (3) If a Mau Zone permit holder sells condition of the stocks. The Council the vessel, for which the permit is consultation with the Council, will decide the appeal in accordance with may establish a new target number registered for use, the permit holder based on the 5-year review. must within 12 months of the date of the FMP and implementing regulations sale apply to the PIAO to register the and based upon information relative to [FR Doc. 99–10635 Filed 4–27–99; 8:45 am] permit for use with a vessel owned by the application on file at NMFS and the BILLING CODE 3510±22±F the permit holder. If the permit holder Council, the summary record kept of has not applied to register a replacement any hearing, the hearing officer’s vessel within 12 months, then the recommended decision, if any, and any DEPARTMENT OF COMMERCE permit expires. other relevant information. (4) If a permitted vessel owned by the (4) If a hearing is requested, or if the National Oceanic and Atmospheric permit holder is sold or becomes Regional Administrator determines that Administration one is appropriate, the Regional unseaworthy, the Mau Zone permit with 50 CFR Part 679 which the vessel was registered may be Administrator may grant an informal registered for use with a leased or hearing before a hearing officer [Docket No. 990304062±9062±01; I.D. chartered vessel for a period not to designated for that purpose. The 042399B] exceed 12 months from the date of applicant or permit holder may appear registration of the leased or chartered personally or be represented by counsel Fisheries of the Economic Exclusive vessel. If by the end of that 12-month at the hearing and submit information Zone Off Alaska; Groundfish Fisheries period the permit holder fails to apply and present arguments as determined by Vessels using Hook-and-Line Gear to the PIAO to register the permit for use appropriate by the hearing officer. in the Gulf of Alaska with a vessel owned by the permit Within 30 days of the last day of the AGENCY: National Marine Fisheries holder, then the permit expires. hearing, the hearing officer shall (j) Mau Zone limited access permit recommend in writing a decision to the Service (NMFS), National Oceanic and renewal. (1) A Mau Zone permit will be Regional Administrator. Atmospheric Administration (NOAA), Commerce. eligible for renewal if the vessel for (5) The Regional Administrator may which the permit is registered for use adopt the hearing officer’s ACTION: Closure. made at least five separate fishing trips recommended decision, in whole or in SUMMARY: NMFS is prohibiting directed with landings of at least 500 lb (227 kg) part, or may reject or modify it. The fishing for groundfish by vessels using of bottomfish management unit species Regional Administrator’s decision on hook-and-line gear in the Gulf of Alaska per trip during the calender year. Only the application is the final (GOA), except for sablefish or demersal one landing of bottomfish management administrative decision of the shelf rockfish. This action is necessary unit species per fishing trip to the Mau Department of Commerce, and is because the first seasonal bycatch Zone will be counted toward the effective on the date the Administrator mortality allowance of Pacific halibut landing requirement. signs the decision. (2) If the vessel for which the permit apportioned to hook-and-line gear 5. Section 660.62 is amended by targeting groundfish, other than is registered for use fails to meet the revising paragraph (b), removing landing requirement of paragraph (j)(1) sablefish or demersal shelf rockfish, in paragraph (c), and redesignating the GOA has been caught. of this section, the owner may apply to paragraphs (d) through (f) as paragraphs the Regional Administrator for a waiver (c) through (e), respectively, to read as DATES: Effective 1200 hrs, Alaska local of the landing requirement. Grounds for follows: time (A.l.t.), April 24, 1999, until 1200 a waiver are limited to captain hrs, A.l.t., May 18, 1999. incapacitation, vessel breakdowns, and § 660.62 Prohibitions. FOR FURTHER INFORMATION CONTACT: the loss of the vessel at sea if the event * * * * * Mary Furuness, 907–586–7228

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SUPPLEMENTARY INFORMATION: NMFS finds for good cause that the The Final 1999 Harvest Specifications manages the groundfish fishery in the implementation of this action can not be of Groundfish for the GOA (64 FR GOA exclusive economic zone delayed for 30 days. Accordingly, under 12094, March 11, 1999) established the according to the Fishery Management 5 U.S.C. 553(d), a delay in the effective Pacific halibut bycatch allowance for Plan for Groundfish of the Gulf of date is hereby waived. the GOA trawl deep-water species Alaska (FMP) prepared by the North This action is required by § 679.21 fishery, which is defined at Pacific Fishery Management Council and is exempt from review under E.O. § 679.21(d)(3)(iii)(B), for the second under authority of the Magnuson- 12866. season, the period April 1, 1999, Stevens Fishery Conservation and Authority: 16 U.S.C. 1801 et seq. through July 3, 1999, as 300 metric tons. Management Act. Regulations governing Dated: April 23, 1999. In accordance with § 679.21(d)(7)(i), fishing by U.S. vessels in accordance the Administrator, Alaska Region, with the FMP appear at subpart H of 50 Richard W. Surdi, Acting Director, Office of Sustainable NMFS (Regional Administrator), has CFR part 600 and 50 CFR part 679. determined that the second seasonal The Final 1999 Harvest Specifications Fisheries, National Marine Fisheries Service. apportionment of the 1999 Pacific of Groundfish for the GOA (64 FR [FR Doc. 99–10633 Filed 4–23–99; 1:56 pm] halibut bycatch allowance specified for 12094, March 11, 1999) established the BILLING CODE 3510±22±F the trawl deep-water species fishery in Pacific halibut bycatch mortality allowance for groundfish included in the GOA has been caught. the other hook-and-line fishery, which DEPARTMENT OF COMMERCE Consequently, NMFS is prohibiting is defined at § 679.21(d)(4)(iii)(C), for directed fishing for the deep-water the first season, the period January 1, National Oceanic and Atmospheric species fishery by vessels using trawl 1999, through May 17, 1999, as 250 Administration gear in the GOA. The species and metric tons. The other hook-and-line species groups that comprise the deep- 50 CFR Part 679 fishery includes all groundfish, except water species fishery are: All rockfish of sablefish and demersal shelf rockfish. [Docket No. 990304062±9062±01; I.D. the genera Sebastes and Sebastolobus, In accordance with § 679.21(d)(7)(ii), 042399A] deep-water flatfish, rex sole, arrowtooth the Administrator, Alaska Region, flounder, and sablefish. NMFS (Regional Administrator), has Fisheries of the Exclusive Economic Maximum retainable bycatch amounts determined that the first seasonal Zone Off Alaska; Deep-water Species may be found in the regulations at apportionment of the 1999 Pacific Fishery by Vessels Using Trawl Gear in § 679.20(e) and (f). halibut bycatch mortality allowance the Gulf of Alaska Classification specified for the hook-and-line AGENCY: National Marine Fisheries groundfish fisheries, other than Service (NMFS), National Oceanic and This action responds to the best sablefish or demersal shelf rockfish, in Atmospheric Administration (NOAA), available information recently obtained the GOA has been caught. Commerce. from the fishery. It must be Consequently, NMFS is prohibiting ACTION: Closure. implemented immediately in order to directed fishing for groundfish, other prevent overharvesting the second than sablefish or demersal shelf SUMMARY: NMFS is prohibiting directed seasonal apportionment of the 1999 rockfish, by vessels using hook-and-line fishing for species that comprise the Pacific halibut bycatch allowance gear in the GOA. deep-water species fishery by vessels specified for the trawl deep-water Maximum retainable bycatch amounts using trawl gear in the Gulf of Alaska species fishery in the GOA. A delay in may be found in the regulations at (GOA). This action is necessary because the effective date is impracticable and § 679.20(e) and (f). the second seasonal apportionment of contrary to the public interest. The Classification the 1999 Pacific halibut bycatch second seasonal apportionment of the This action responds to the best allowance specified to the deep-water Pacific halibut bycatch allowance has available information recently obtained species fishery in the GOA has been been caught. Further delay would only from the fishery. It must be caught. result in overharvest which would implemented immediately in order to DATES: Effective 1200 hrs, Alaska local disrupt the FMP’s objective of prevent overharvesting the first seasonal time (A.l.t.), April 25, 1999, until 1200 apportioning Pacific halibut mortality apportionment of the 1999 Pacific hrs, A.l.t., July 4, 1999. allowances throughout the year. NMFS halibut bycatch mortality allowance FOR FURTHER INFORMATION CONTACT: Tom finds for good cause that the specified for the groundfish fisheries, Pearson, 907–481–1780 or implementation of this action can not be other than sablefish or demersal shelf [email protected]. delayed for 30 days. Accordingly, under rockfish, by vessels using hook-and-line SUPPLEMENTARY INFORMATION: NMFS 5 U.S.C. 553(d), a delay in the effective gear in the GOA. A delay in the effective manages the groundfish fishery in the date is hereby waived. date is impracticable and contrary to the GOA exclusive economic zone This action is required by § 679.21 public interest. The first seasonal according to the Fishery Management and is exempt from review under E.O. bycatch mortality allowance of Pacific Plan for Groundfish of the Gulf of 12866. halibut apportioned to hook-and-line Alaska (FMP) prepared by the North Authority: 16 U.S.C. 1801 et seq. gear targeting groundfish, other than Pacific Fishery Management Council sablefish or demersal shelf rockfish, in under authority of the Magnuson- Dated: April 23, 1999. the GOA has been caught. Further delay Stevens Fishery Conservation and Richard W. Surdi, would only result in overharvest which Management Act. Regulations governing Acting Director, Office of Sustainable would disrupt the FMP’s objective of fishing by U.S. vessels in accordance Fisheries, National Marine Fisheries Service. apportioning Pacific halibut bycatch with the FMP appear at subpart H of 50 [FR Doc. 99–10632 Filed 4–23–99; 1:56 pm] allowances throughout the year. NMFS CFR part 600 and 50 CFR part 679. BILLING CODE 3510±22±F

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Proposed Rules Federal Register Vol. 64, No. 81

Wednesday, April 28, 1999

This section of the FEDERAL REGISTER p.m., Monday through Friday, except 99–NM–17–AD, 1601 Lind Avenue, contains notices to the public of the proposed Federal holidays. SW., Renton, Washington 98055–4056. issuance of rules and regulations. The The service information referenced in Discussion purpose of these notices is to give interested the proposed rule may be obtained from persons an opportunity to participate in the Airbus Industrie, 1 Rond Point Maurice The Direction Ge´ne´rale de l’Aviation rule making prior to the adoption of the final Civile (DGAC), which is the rules. Bellonte, 31707 Blagnac Cedex, France. This information may be examined at airworthiness authority for France, the FAA, Transport Airplane notified the FAA that an unsafe DEPARTMENT OF TRANSPORTATION Directorate, 1601 Lind Avenue, SW., condition may exist on certain Airbus Renton, Washington. Model A310 series airplanes. Federal Aviation Administration The DGAC advises that it has received FOR FURTHER INFORMATION CONTACT: several reports of loss of the upper 14 CFR Part 39 Norman B. Martenson, Manager, wing-to-fuselage fairings during flight. International Branch, ANM–116, FAA, The loss of these fairings is attributed to [Docket No. 99±NM±17±AD] Transport Airplane Directorate, 1601 cracked or broken support brackets that RIN 2120±AA64 Lind Avenue, SW., Renton, Washington attach the three wing-to-fuselage fairings 98055–4056; telephone (425) 227–2110; located between fuselage frame (FR) 40 Airworthiness Directives; Airbus Model fax (425) 227–1149. and FR54.2. Investigation revealed that A310 Series Airplanes SUPPLEMENTARY INFORMATION: the cracking of the support brackets occurred because of bending of the AGENCY: Federal Aviation Comments Invited Administration, DOT. forward and aft panels caused by a lack of stiffness along the lower edge of the ACTION: Interested persons are invited to Notice of proposed rulemaking panels, due to a step in the center (NPRM). participate in the making of the proposed rule by submitting such fairing panel at FR47. SUMMARY: This document proposes the written data, views, or arguments as To prevent such discrepancies, a new adoption of a new airworthiness they may desire. Communications shall center fairing panel with no step, directive (AD) that is applicable to identify the Rules Docket number and together with new support brackets (in certain Airbus Model A310 series be submitted in triplicate to the address a location closer to the upper edge of the airplanes. This proposal would require specified above. All communications panel), was installed on certain other repetitive inspections to detect cracked received on or before the closing date Airbus Model A310 series airplanes. or broken support brackets of the upper for comments, specified above, will be Subsequently, additional reports were wing-to-fuselage fairings, and considered before taking action on the received of cracked or broken support replacement of any discrepant support proposed rule. The proposals contained brackets, again resulting in loss of the brackets with new brackets. This in this notice may be changed in light wing-to-fuselage fairings during flight. proposal also would require of the comments received. Further investigation revealed the replacement of the fairing seals with ultimate cause of the loss of the fairings Comments are specifically invited on to be vibration induced by ram air new, improved seals; modification of the overall regulatory, economic, the fairing panels; and installation of penetrating between the fairing and the environmental, and energy aspects of fuselage, which caused the aft fairing new bulkheads; which would constitute the proposed rule. All comments support brackets to break. Such terminating action for the repetitive submitted will be available, both before conditions, if not detected and inspections. This proposal is prompted and after the closing date for comments, corrected, could result in loss of the by issuance of mandatory continuing in the Rules Docket for examination by wing-to-fuselage fairings during flight, airworthiness information by a foreign interested persons. A report and consequent structural damage to the civil airworthiness authority. The summarizing each FAA-public contact airplane. actions specified by the proposed AD concerned with the substance of this are intended to prevent reduced proposal will be filed in the Rules Explanation of Relevant Service structural integrity of the fairing support Docket. Information brackets, which could result in loss of Commenters wishing the FAA to The manufacturer has issued Airbus the wing-to-fuselage fairings during acknowledge receipt of their comments Service Bulletin A310–53–2078, flight, and consequent structural submitted in response to this notice Revision 1, dated March 24, 1997, damage to the airplane. must submit a self-addressed, stamped which describes procedures for DATES: Comments must be received by postcard on which the following repetitive inspections to detect cracked May 28, 1999. statement is made: ‘‘Comments to or broken support brackets of the upper ADDRESSES: Submit comments in Docket Number 99–NM–17–AD.’’ The wing-to-fuselage fairing, and triplicate to the Federal Aviation postcard will be date stamped and replacement of any discrepant support Administration (FAA), Transport returned to the commenter. brackets with new brackets. Airplane Directorate, ANM–114, The manufacturer also has issued Availability of NPRMs Attention: Rules Docket No. 99–NM– Airbus Service Bulletin A310–53–2083, 17–AD, 1601 Lind Avenue, SW., Any person may obtain a copy of this Revision 02, dated May 5, 1998, which Renton, Washington 98055–4056. NPRM by submitting a request to the describes procedures for replacement of Comments may be inspected at this FAA, Transport Airplane Directorate, the fairing seals with new, improved location between 9:00 a.m. and 3:00 ANM–114, Attention: Rules Docket No. seals; modification of the fairing panels;

VerDate 26-APR-99 09:08 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4702 Sfmt 4703 E:\FR\FM\A28AP2.001 pfrm07 PsN: 28APP1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Proposed Rules 22817 and installation of new bulkheads; rate of $60 per work hour. Based on PART 39ÐAIRWORTHINESS which eliminates the need for the these figures, the cost impact of the DIRECTIVES repetitive inspections. inspection proposed by this AD on U.S. Accomplishment of the actions operators is estimated to be $5,640, or 1. The authority citation for part 39 specified in the service bulletins is $120 per airplane, per inspection cycle. continues to read as follows: intended to adequately address the It would take approximately 6 work Authority: 49 U.S.C. 106(g), 40113, 44701. identified unsafe condition. The DGAC hours per airplane to accomplish the § 39.13 [Amended] classified Airbus Service Bulletin A310– proposed replacement, modification, 2. Section 39.13 is amended by 53–2078, Revision 1, as mandatory; and and installation, at an average labor rate Airbus Service Bulletin A310–53–2083, adding the following new airworthiness of $60 per work hour. Required parts directive: Revision 02, as recommended; and would cost approximately $1,690 per issued French airworthiness directives airplane. Based on these figures, the cost Airbus Industrie: Docket 99–NM–17–AD. 97–175–228(B) R1 and 98–450–261(B), impact of the replacement, modification Applicability: Model A310–200 series both dated November 18, 1998, in order and installation proposed by this AD on airplanes, on which Airbus Modification 4800 or 4906 has been accomplished; and to assure the continued airworthiness of U.S. operators is estimated to be these airplanes in France. Model A310–300 series airplanes on which $96,350, or $2,050 per airplane. Airbus Modification 11758 has not been FAA’s Conclusions The cost impact figures discussed accomplished; certificated in any category. This airplane model is manufactured above are based on assumptions that no Note 1: This AD applies to each airplane in France and is type certificated for operator has yet accomplished any of identified in the preceding applicability provision, regardless of whether it has been operation in the United States under the the proposed requirements of this AD action, and that no operator would otherwise modified, altered, or repaired in provisions of section 21.29 of the the area subject to the requirements of this Federal Aviation Regulations (14 CFR accomplish those actions in the future if AD. For airplanes that have been modified, 21.29) and the applicable bilateral this AD were not adopted. altered, or repaired so that the performance airworthiness agreement. Pursuant to Regulatory Impact of the requirements of this AD is affected, the this bilateral airworthiness agreement, owner/operator must request approval for an the DGAC has kept the FAA informed The regulations proposed herein alternative method of compliance in of the situation described above. The would not have substantial direct effects accordance with paragraph (d) of this AD. on the States, on the relationship The request should include an assessment of FAA has examined the findings of the the effect of the modification, alteration, or DGAC, reviewed all available between the national government and repair on the unsafe condition addressed by information, and determined that AD the States, or on the distribution of this AD; and, if the unsafe condition has not action is necessary for products of this power and responsibilities among the been eliminated, the request should include type design that are certificated for various levels of government. Therefore, specific proposed actions to address it. operation in the United States. in accordance with Executive Order Compliance: Required as indicated, unless 12612, it is determined that this accomplished previously. Explanation of Requirements of proposal would not have sufficient To prevent reduced structural integrity of Proposed Rule federalism implications to warrant the the support brackets of the upper wing-to- Since an unsafe condition has been preparation of a Federalism Assessment. fuselage fairing, which could result in loss of identified that is likely to exist or the wing-to-fuselage fairings during flight, For the reasons discussed above, I and consequent structural damage to the develop on other airplanes of the same certify that this proposed regulation (1) airplane, accomplish the following: type design registered in the United is not a ‘‘significant regulatory action’’ Initial/Repetitive Inspections States, the proposed AD would require under Executive Order 12866; (2) is not accomplishment of the actions specified a ‘‘significant rule’’ under the DOT (a) Prior to the accumulation of 5,000 total in the service bulletins described Regulatory Policies and Procedures (44 flight hours or within 1,200 flight hours after previously, except as discussed below. the effective date of this AD, whichever FR 11034, February 26, 1979); and (3) if occurs later: Perform a detailed visual Differences Between Proposed Rule and promulgated, will not have a significant inspection to detect cracked or broken Service Bulletins economic impact, positive or negative, support brackets of the upper wing-to- on a substantial number of small entities fuselage fairings, in accordance with Airbus Operators should note that, unlike the under the criteria of the Regulatory Service Bulletin A310–53–2078, Revision 1, procedures described in Airbus Service Flexibility Act. A copy of the draft dated March 24, 1997. Repeat the detailed Bulletin A310–53–2078, Revision 1, this regulatory evaluation prepared for this visual inspection thereafter at intervals not to proposed AD would not permit further action is contained in the Rules Docket. exceed 2,500 flight hours. flight if cracks are detected in the A copy of it may be obtained by Corrective Action support brackets of the wing-to-fuselage contacting the Rules Docket at the fairing. The FAA has determined that, (b) If any discrepancy is detected during location provided under the caption any inspection required by paragraph (a) of because of the safety implications and ADDRESSES. this AD, prior to further flight, replace the consequences associated with such discrepant support bracket with a new cracking, any subject support bracket of List of Subjects in 14 CFR Part 39 bracket in accordance with Airbus Service the wing-to-fuselage fairing that is found Bulletin A310–53–2078, Revision 1, dated to be cracked must be replaced prior to Air transportation, Aircraft, Aviation March 24, 1997. Repeat the inspection further flight. safety, Safety. required by paragraph (a) of this AD The Proposed Amendment thereafter at intervals not to exceed 2,500 Cost Impact flight hours. The FAA estimates that 47 airplanes Accordingly, pursuant to the Terminating Action authority delegated to me by the of U.S. registry would be affected by this (c) Within 2 years after the effective date proposed AD. Administrator, the Federal Aviation of this AD, accomplish the requirements of It would take approximately 2 work Administration proposes to amend part paragraphs (c)(1) and (c)(2) of this AD. hours per airplane to accomplish the 39 of the Federal Aviation Regulations (1) Perform the initial inspection required proposed inspection, at an average labor (14 CFR part 39) as follows: by paragraph (a) of this AD in accordance

VerDate 26-APR-99 09:08 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4702 Sfmt 4703 E:\FR\FM\A28AP2.002 pfrm07 PsN: 28APP1 22818 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Proposed Rules with Airbus Service Bulletin A310–53–2078, prompted by additional analysis that Docket No. 98–SW–42–AD, 2601 Revision 1, dated March 24, 1997. supports an increase in the life limits of Meacham Blvd., Room 663, Fort Worth, (2) Replace the fairing seals with new, certain parts. The actions specified by Texas 76137. improved seals; modify the fairing panels; this AD are intended to increase the life and install new bulkheads; in accordance Discussion limits for various parts. with Airbus Service Bulletin A310–53–2083, On June 17, 1997, the FAA issued AD Revision 02, dated May 5, 1998. DATES: Comments must be received on Accomplishment of these actions constitutes or before June 28, 1999. 97–13–09, Amendment 39–10056 (62 FR 34163), applicable to MDHS Model terminating action for the repetitive ADDRESSES: Submit comments in inspection requirements of this AD. MD–900 helicopters. The AD required triplicate to the Federal Aviation applying a specified serial number (S/N) Alternative Methods of Compliance Administration (FAA), Office of the to the following parts: For helicopters (d) An alternative method of compliance or Regional Counsel, Southwest Region, with S/N 0002 through 0012, to the mid- adjustment of the compliance time that Attention: Rules Docket No. 98–SW–42– forward truss assembly, Part Number provides an acceptable level of safety may be AD, 2601 Meacham Blvd., Room 663, (P/N) 900F2401200–102, and to the used if approved by the Manager, Fort Worth, Texas. Comments may be International Branch, ANM–116, FAA, forward and aft deck fitting assemblies, inspected at this location between 9:00 P/N 900F2401500–103 and Transport Airplane Directorate. Operators a.m. and 3:00 p.m., Monday through shall submit their requests through an 900F2401600–103; for helicopters with appropriate FAA Principal Maintenance Friday, except Federal holidays. S/N 0002 through 0048, to the vertical Inspector, who may add comments and then FOR FURTHER INFORMATION CONTACT: Greg stabilizer control system (VSCS) send it to the Manager, International Branch, DiLibero, Aerospace Engineer, Aircraft bellcrank assemblies, P/N ANM–116. Certification Office, Airframe Branch, 900F2341712–101, 900FP341712–103, Note 2: Information concerning the FAA, 3960 Paramount Blvd., Lakewood, and to the mid-aft truss strut assembly, existence of approved alternative methods of CA 90712, telephone 562–627–5231, fax P/N 900F2401300–103. The AD compliance with this AD, if any, may be number 562–627–5210. required reducing the life limits for the obtained from the International Branch, SUPPLEMENTARY INFORMATION: nonrotating swashplate assembly, P/N ANM–116. 900C2010192–105, –107, –109, and Comments Invited Special Flight Permits –111, to 554 hours time-in-service (TIS); (e) Special flight permits may be issued in Interested persons are invited to the collective drive link assembly, P/N accordance with sections 21.197 and 21.199 participate in the making of the 900C2010207–101, to 1,480 hours TIS; of the Federal Aviation Regulations (14 CFR proposed rule by submitting such and the self-aligning, spherical/slider 21.197 and 21.199) to operate the airplane to written data, views, or arguments as main rotor bearing P/N 900C3010042– a location where the requirements of this AD they may desire. Communications 103, to 480 hours TIS. The AD required can be accomplished. should identify the Rules Docket establishing life limits for the VSCS Note 3: The subject of this AD is addressed number and be submitted in triplicate to bellcrank assembly, P/N 900FP341712– in French airworthiness directives 97–175– the address specified above. All 103, and the bellcrank arm, P/N 228(B) R1 and 98–450–261(B), both dated communications received on or before 900F2341713–101 (used in the VSCS November 18, 1998. the closing date for comments, specified bellcrank assembly, P/N 900F2341712– Issued in Renton, Washington, on April 21, above, will be considered before taking 101), of 2,700 hours TIS. That action 1999. action on the proposed rule. The was prompted by the need to establish Darrell M. Pederson, proposals contained in this notice may life limits for various parts and to Acting Manager, Transport Airplane be changed in light of the comments reduce the life limits on other parts to Directorate, Aircraft Certification Service. received. prevent fatigue failure of those parts and [FR Doc. 99–10604 Filed 4–27–99; 8:45 am] Comments are specifically invited on subsequent loss of control of the BILLING CODE 4910±13±P the overall regulatory, economic, helicopter. environmental, and energy aspects of Since the issuance of that AD, the proposed rule. All comments additional analysis supports an increase DEPARTMENT OF TRANSPORTATION submitted will be available, both before in the life limits for certain parts. The action in that AD of applying S/N’s to Federal Aviation Administration and after the closing date for comments, in the Rules Docket for examination by certain parts and establishing a life limit 14 CFR Part 39 interested persons. A report for the VSCS bellcrank assembly, P/N summarizing each FAA-public contact 900FP341712–103, of 2,700 hours TIS [Docket No. 98±SW±42±AD] concerned with the substance of this remains the same except that the correct proposal will be filed in the Rules P/N for the bellcrank arm is P/N Airworthiness Directives; McDonnell Docket. 900F2341712–101. This document Douglas Helicopter Systems Model Commenters wishing the FAA to proposes increasing the life limits for MD±900 Helicopters acknowledge receipt of their comments the nonrotating swashplate, P/N AGENCY: Federal Aviation submitted in response to this notice 900C2010192–105, –107, –109, and Administration, DOT. must submit a self-addressed, stamped –111, to 1,800 hours TIS; the collective ACTION: Notice of proposed rulemaking postcard on which the following drive link assembly, P/N 900C2010207– (NPRM). statement is made: ‘‘Comments to 101, to 3,307 hours TIS; and the self- Docket No. 98–SW–42–AD.’’ The aligning, spherical/slider main rotor SUMMARY: This document proposes to postcard will be date stamped and bearing, P/N 900C3010042–103, to 2,030 supersede an existing airworthiness returned to the commenter. hours TIS. The new life limits are based directive (AD), applicable to McDonnell on modified fatigue spectrums, fatigue Douglas Helicopter Systems (MDHS) Availability of NPRMs tests, and flight strain data. The actions Model MD–900 helicopters, that Any person may obtain a copy of this specified in this proposal would currently requires applying specified NPRM by submitting a request to the increase the life limits for various parts. serial numbers and establishing life FAA, Office of the Regional Counsel, Since an unsafe condition has been limits for certain parts. This proposal is Southwest Region, Attention: Rules identified that is likely to exist or

VerDate 26-APR-99 09:08 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\A28AP2.003 pfrm07 PsN: 28APP1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Proposed Rules 22819 develop on other MDHS Model MD–900 § 39.13 [Amended] Maintenance Manual by increasing the helicopters of the same type design, the 2. Section 39.13 is amended by retirement lives for certain parts. proposed AD would supersede AD 97– removing Amendment 39–10056 (62 FR Note 2: The Airworthiness Limitations 13–09 to increase the life limits for 34163, June 25, 1997), and by adding a Section of the MD–900 Rotorcraft certain parts and correct the P/N for the new airworthiness directive (AD) to Maintenance Manual, Reissue 1, Revision 2, bellcrank, and, as in AD 97–13–09, dated July 24, 1998, pertains to the subject read as follows: of this AD. require applying S/N’s to certain parts McDonnell Douglas Helicopter Systems: (d) An alternative method of compliance or and establishing a life limit for the Docket No. 98–SW–42–AD. Supersedes adjustment of the compliance time that VSCS bellcrank assembly, AD 97–13–09, Amendment 39–10056, provides an acceptable level of safety may be The FAA estimates that 27 helicopters Docket No. 96–SW–35–AD. used if approved by the Manager, Los would be affected by this proposed AD, Applicability: McDonnell Douglas Angeles Aircraft Certification Office. that it would take approximately 2.5 Helicopter Systems (MDHS) MD–900 Operators shall submit their requests through work hours per helicopter to accomplish helicopters, certificated in any category. an FAA Principal Maintenance Inspector, Note 1: This AD applies to each helicopter who may concur or comment and then send the proposed actions, and that the it to the Manager, Los Angeles Aircraft average labor rate is $60 per work hour. identified in the preceding applicability provision, regardless of whether it has been Certification Office. Based on these figures, the total cost modified, altered, or repaired in the area Note 3: Information concerning the impact of the AD on U.S. operators is subject to the requirements of this AD. For existence of approved alternative methods of estimated to be $4,050. helicopters that have been modified, altered, compliance with this AD, if any, may be The regulations proposed herein or repaired so that the performance of the obtained from the Los Angeles Aircraft would not have substantial direct effects requirements of this AD is affected, the Certification Office. on the States, on the relationship owner/operator must request approval for an (e) Special flight permits may be issued in alternative method of compliance in accordance with sections 21.197 and 21.199 between the national government and accordance with paragraph (d) of this AD. the States, or on the distribution of of the Federal Aviation Regulations (14 CFR The request should include an assessment of 21.197 and 21.199) to operate the helicopter power and responsibilities among the the effect of the modification, alteration, or to a location where the requirements of this various levels of government. Therefore, repair on the unsafe condition addressed by AD can be accomplished. in accordance with Executive Order this AD; and if the unsafe condition has not Issued in Fort Worth, Texas, on April 21, 12612, it is determined that this been eliminated, the request should include 1999. specific proposed actions to address it. proposal would not have sufficient Henry A. Armstrong, federalism implications to warrant the Compliance: Required as indicated, unless Manager, Rotorcraft Directorate, Aircraft preparation of a Federalism Assessment. accomplished previously. To establish appropriate life limits for various parts, Certification Service. For the reasons discussed above, I accomplish the following: [FR Doc. 99–10619 Filed 4–27–99; 8:45 am] certify that this proposed regulation (1) (a) On or before attaining the following life BILLING CODE 4910±13±U is not a ‘‘significant regulatory action’’ limits, remove from service: under Executive Order 12866; (2) is not (1) The nonrotating swashplate assembly, a ‘‘significant rule’’ under the DOT part number (P/N) 900C2010192–105, –107, DEPARTMENT OF THE TREASURY Regulatory Policies and Procedures (44 –109, or –111, on or before 1,800 hours TIS. FR 11034, February 26, 1979); and (3) if (2) The collective drive link assembly, Internal Revenue Service promulgated, will not have a significant P/N 900C2010207–101, on or before 3,307 economic impact, positive or negative, hours TIS. 26 CFR Part 49 (3) The self-aligning, spherical/slider main on a substantial number of small entities rotor bearing, P/N 900C3010042–103, on or [REG±118620±97] under the criteria of the Regulatory before 2,030 hours TIS. Flexibility Act. A copy of the draft (4) The vertical stabilizer control system RIN 1545±AV63 regulatory evaluation prepared for this (VSCS) bellcrank assembly, P/N action is contained in the Rules Docket. 900FP341712–103, and bellcrank arm, P/N Communications Excise Tax; Prepaid A copy of it may be obtained by 900F2341712–101, on or before 2,700 hours Telephone Cards; Hearing Cancellation TIS. contacting the Rules Docket at the AGENCY: Internal Revenue Service (IRS), location provided under the caption (b) On or before 100 hours TIS after July 10, 1997, or before October 31, 1999, Treasury. ADDRESSES. whichever occurs first: ACTION: Cancellation of notice of public List of Subjects in 14 CFR Part 39 (1) For Model MD–900 helicopters with hearing on proposed rulemaking. serial numbers (S/N) 900–00002 through Air transportation, Aircraft, Aviation 900–00012, apply the appropriate S/N to the SUMMARY: This document provides safety, Safety. mid-forward truss assembly, P/N notice of cancellation of a public 900F2401200–102, and the forward and aft hearing on proposed regulations under The Proposed Amendment deck-fitting assemblies, P/N 900F2401500– section 4251 containing proposed rules 103 and 900F2401600–103. for the application of the Accordingly, pursuant to the (2) For Model MD–900 helicopters with authority delegated to me by the communications excise tax to prepaid S/N 900–00002 through 900–00048, apply telephone cards (PTCs). Administrator, the Federal Aviation S/N to the left and right VSCS bellcrank Administration proposes to amend part assemblies, P/N 900F2341712–101 and DATES: The public hearing originally 39 of the Federal Aviation Regulations 900FP341712–103, and the mid-aft truss strut scheduled for Wednesday, May 5, 1999, (14 CFR part 39) as follows: assembly, P/N 900F2401300–103. at 10 a.m., is cancelled. (3) Apply the S/N as specified in FOR FURTHER INFORMATION CONTACT: PART 39ÐAIRWORTHINESS paragraphs (b)(1) and (b)(2) of this AD LaNita Van Dyke of the Regulations DIRECTIVES adjacent to the existing P/N in accordance Unit, Assistant Chief Counsel with the Accomplishment Instructions of (Corporate), (202) 622–7190 (not a toll- 1. The authority citation for part 39 MDHS Service Bulletin No. 900–039, Revision 2, dated March 12, 1997. free number). continues to read as follows: (c) This AD revises the Airworthiness SUPPLEMENTARY INFORMATION: A notice Authority: 49 U.S.C. 106(g), 40113, 44701. Limitations Section of the MD–900 of proposed rulemaking and/or notice of

VerDate 26-APR-99 16:04 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\28APP1.XXX pfrm04 PsN: 28APP1 22820 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Proposed Rules public hearing that appeared in the the Agency’s study methods, findings Requests to speak at the public Federal Register on Thursday, and tentative recommendations hearing should be submitted in writing December 17, 1998, (63 FR 69585), regarding the exemption from hazardous to the Public Hearing Officer—Fossil announced that a public hearing was waste regulation for the remaining fossil Fuel Combustion, Office of Solid Waste, scheduled for Wednesday, May 5, 1999, fuel combustion wastes. A brief Industrial & Extractive Wastes Branch at 10 a.m., in room 2615, Internal summary of the tentative (5306W), U.S. Environmental Protection Revenue Building, 1111 Constitution recommendations appears in the Agency, 401 M Street SW, Washington, Avenue, NW., Washington, DC. The SUPPLEMENTARY INFORMATION section DC 20460. The May 21, 1999 public subject of the public hearing is proposed below. hearing will be held at the regulations under section 4251 of the Information submitted in public Environmental Protection Agency Internal Revenue Code. The public comments and at a public hearing will Auditorium, Waterside Mall, 401 M comment period for these proposed be used by EPA in conjunction with the Street, SW, Washington, DC. The regulations expired on Wednesday, Report to Congress to make a final hearing will begin at 9:30 a.m. with March 17, 1999. The outlines of topics determination on the regulatory status registration beginning at 9:00 a.m. The to be addressed at the hearing were due of these remaining fossil fuel hearing will end at 3 p.m. but may be on Wednesday, April 14, 1999. combustion wastes. concluded earlier. Oral and written The notice of proposed rulemaking DATES: EPA will accept public statements may be submitted at the and/or notice of public hearing, comments on the Report to Congress public hearing. Persons who wish to instructed those interested in testifying until June 14, 1999. The Agency will make oral presentations must restrict at the public hearing to submit a request hold a public hearing on the Report to them to 15 minutes maximum, and are to speak and an outline of the topics to Congress on May 21, 1999. requested to provide written comments for inclusion in the record. be addressed. As of Wednesday, April ADDRESSES: Those persons wishing to 21, 1999, no one has requested to speak. submit public comments must send an FOR FURTHER INFORMATION CONTACT: For Therefore, the public hearing scheduled original and two copies of their general information, contact the RCRA for Wednesday, May 5, 1999, is comments referencing EPA docket Hotline at (800) 424–9346 or TDD cancelled. number F–1999–FF2P–FFFFF to: RCRA (hearing impaired) (800) 553–7672. In Cynthia Grigsby, Docket Information Center (5305W), the Washington, DC metropolitan area, Chief, Regulations Unit, Assistant Chief U.S. Environmental Protection Agency call (703) 412–9810 or TDD (703) 412– Counsel (Corporate). Headquarters (EPA,HQ), 401 M Street, 3323. For more detailed information on [FR Doc. 99–10566 Filed 4–27–99; 8:45 am] SW., Washington, DC, 20460. Hand specific aspects of today’s action, contact Dennis Ruddy, U.S. BILLING CODE 4830±01±U deliveries of comments should be made to the Arlington, VA address below. Environmental Protection Agency Comments may also be submitted (5306W), 401 M Street, SW., Washington, DC 20460, at (703) 308– ENVIRONMENTAL PROTECTION electronically through the Internet to: 8430, or e-mail: [email protected]. AGENCY [email protected]. Comments in electronic format should also identify SUPPLEMENTARY INFORMATION: 40 CFR Part 261 the docket number F–1999–FF2P– Customer Service FFFFF. All electronic comments must [FRL±6331±9] be submitted as an ASCII file avoiding In developing the Report to Congress, the use of special characters and any we tried to address the concerns of all Availability of Report to Congress on our stakeholders. Your comments will Fossil Fuel Combustion; Request for form of encryption. Commenters should not submit electronically any help us improve this regulatory action. Comments and Announcement of We invite you to provide different views Public Hearing confidential business information (CBI). An original and two copies of CBI must on options we propose, new approaches we have not considered, new data, how AGENCY: Environmental Protection be submitted under separate cover to: Agency. RCRA CBI Document Control Officer, this regulatory action may affect you, or other relevant information. We welcome ACTION: Notice of availability. Office of Solid Waste (5305W), U.S. EPA, 401 M Street, SW, Washington, DC your views on all aspects of this action, SUMMARY: The Environmental Protection 20460. but we request comments in particular Agency (‘‘we’’ or EPA) is today making Public comments and supporting on the items discussed in the Report to available the Agency’s Report to materials are available for viewing in Congress. Your comments will be most Congress on Fossil Fuel Combustion the RCRA Docket Information Center effective if you follow the suggestions below: that is required by section 8002(n) of the (RIC), located at Crystal Gateway I • Resource Conservation and Recovery Building, First Floor, 1235 Jefferson Explain your views as clearly as Act (RCRA), 42 U.S.C. 6982(n). The Davis Highway, Arlington, VA. The RIC possible and why you feel that way. • Provide solid technical and cost Report to Congress contains a detailed is open from 9 a.m. to 4 p.m., Monday data to support your views. study of fossil fuel combustion wastes through Friday, excluding federal • If you estimate potential costs, not previously studied (the ‘‘remaining holidays. To review docket materials, it explain how you arrived at the estimate. wastes’’), including oil, natural gas, and is recommended that the public make • Tell us which parts you support, as certain coal combustion wastes. Its an appointment by calling (703) 603– well as those you disagree with. purpose is to determine whether the 9230. The public may copy a maximum • Provide specific examples to remaining fossil fuel combustion wastes of 100 pages from any regulatory docket illustrate your concerns. should retain their exemption from at no charge. Additional copies cost • Offer specific alternatives. hazardous waste regulations as provided $0.15 per page. The Report to Congress • Refer your comments to specific by section 3001(b)(3)(A)(i) of RCRA and is also available electronically. See the sections of the report. codified at 40 CFR 261.4(b)(4). This Supplemental Information section • Make sure to submit your exemption is often referred to as the below for information on electronic comments by the deadline in this Bevill Exemption. The report presents access. notice.

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• Be sure to include the name, date, regulatory determinations for all fossil chapter addresses non-utility coal and docket number with your fuel combustion (FFC) wastes. FFC combustion wastes. The fifth chapter comments. wastes were divided into two categories: addresses combustion wastes from the Copies of the full report, titled Report (1) fly ash, bottom ash, boiler slag, and use of fluidized bed technology. The to Congress: Wastes from the flue gas emission control waste from the sixth chapter addresses wastes from oil Combustion of Fossil Fuels; Volume 2— combustion of coal by electric utilities combustion. The seventh chapter Methods, Findings, and and independent commercial power addresses natural gas combustion. Each Recommendations (EPA publication producers, and (2) all remaining wastes of chapters 3 through 7 addresses the number EPA 530–R–99–010), are subject to RCRA Sections study factors identified above followed available for inspection and copying at 3001(b)(3)(A)(i) and 8002(n). On August by a summary of findings, and the EPA Headquarters library, at the 9, 1993, EPA published a determination RCRA Docket (RIC) office identified in concludes with recommendations. The for the first category of wastes, recommendations are EPA’s tentative ADDRESSES above, at all EPA Regional concluding that regulation under conclusions regarding exemption from Office libraries, and in electronic format subtitle C for these wastes was not RCRA Subtitle C for the respective at the following EPA Web site: http:// warranted. To make an appropriate www.epa.gov/osw/special.htm. Printed determination for the second category, remaining wastes. copies of Volume 2 and the executive or ‘‘remaining wastes,’’ EPA decided Briefly, the Agency has tentatively summary, titled Report to Congress: that additional study was necessary. concluded to retain the exemption for Wastes from the Combustion of Fossil Under the current court-ordered the disposal of: comanaged and co- Fuels; Volume 1—Executive Summary deadlines, the Agency was to complete burning coal combustion wastes at (EPA publication number EPA 530–S– this Report to Congress by March 31, utilities; coal combustion wastes at non- 99–010), can also be obtained by calling 1999, and issue a regulatory utilities; petroleum coke combustion the RCRA/Superfund Hotline at (800) determination by October 1, 1999. wastes; and for fluidized bed 424–9346 or (703) 412–9810. The combustion wastes. The Agency has Executive Summary is also available in II. Report to Congress also tentatively concluded to retain the electronic format at the EPA Web site EPA has completed its study of the exemption for natural gas combustors. identified above. remaining wastes for fossil fuel The Agency has tentatively concluded combustion and prepared the Report to I. Background that, for the beneficial use of coal Congress on Wastes from the combustion wastes in agricultural RCRA section 3001(b)(3) (hereafter Combustion of Fossil Fuels. In keeping referred to as the Bevill Exemption) with the statutory requirements, the applications and for the disposal of oil exempts, among other things, fossil fuel report addresses the following factors combustion wastes, some form of combustion wastes from regulation (hereafter ‘‘study factors’’) required regulation or voluntary controls may be under RCRA subtitle C, pending under section 8002(n) of RCRA: appropriate. The Agency currently has completion of a Report to Congress and • The source and volumes of such insufficient information on managing a subsequent determination of whether materials generated per year; fossil fuel combustion wastes in surface such regulation is warranted. In RCRA • Present disposal practices; and underground mines in order to section 8002(n), Congress directed EPA • Potential danger, if any, to human assess the potential for risks associated to conduct a detailed and health and the environment from the with this practice, whether for disposal comprehensive study based on eight disposal of such materials; or beneficial uses such as mine • study factors (discussed below) and Documented cases in which danger reclamation. The Agency is seeking submit a Report to Congress on ‘‘the to human health or the environment has additional information on this practice adverse effects on human health and the been proved; environment, if any, of the disposal and • from all potential sources, including Alternatives to current disposal those commenting on the Report to utilization of fossil fuel combustion methods; Congress, in order to determine whether wastes.’’ RCRA section 3001(b)(3)(C) • The costs of such alternatives; then requires that EPA determine, • The impact of those alternatives on additional controls are appropriate. within six months of the date of the use of natural resources; and Finally, the Agency has tentatively submission of the Report to Congress, • The current and potential concluded to retain the exemption for either to promulgate regulations for utilization of such materials. all other beneficial uses of fossil fuel fossil fuel combustion wastes under In addition, RCRA section 8002(n) combustion wastes. subtitle C or determine that subtitle C directs the Agency to review other Interested parties should obtain the regulation is unwarranted. federal and state studies and actions full text of the tentative The Bevill Exemption was added to (e.g., regulations) to avoid duplication of RCRA on October 12, 1980, as part of effort. recommendations, which appears in the 1980 Solid Waste Disposal Act The resulting review and discussion both Volume 1 and Volume 2 of the Amendments. In response to the 1980 of EPA’s analysis is organized into Report to Congress. RCRA amendments, EPA published an seven chapters in Volume 2 of the Dated: March 31, 1999. interim final amendment to its Report to Congress; Volume 1 is an Matthew Hale, hazardous waste regulations to reflect Executive Summary. The first chapter of Acting Deputy Director, Office of Solid Waste. the provisions of the Bevill Exemption Volume 2 briefly summarizes the (40 CFR 261.4(b)(4)). In 1991, a suit was purpose and scope of the report, general [FR Doc. 99–10523 Filed 4–27–99; 8:45 am] filed against EPA for failure to complete methods and information sources used, BILLING CODE 6560±50±P a regulatory determination on fossil fuel and EPA’s decision making combustion (FFC) wastes. Gearhart v. methodology. The second chapter Reilly Civil No. 91–2345 (D.D.C.). On provides an overview of industry sectors June 30, 1992, the Agency entered into that practice fossil fuel combustion. The a Consent Decree which established a third chapter addresses comanaged schedule for EPA to complete the wastes at coal-fired utilities. The fourth

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DEPARTMENT OF DEFENSE issue, a proposed rule has been a GSA Federal Supply Schedule developed to include the following contract. 48 CFR Parts 201 and 204 DFARS changes: d. Code ‘‘K’’ will no longer be used to [DFARS Case 97±D033] 1. The Director, Defense Procurement, identify short form research contracts, will be the approving authority for any as this type of contract is no longer Defense Federal Acquisition deviation from the uniform PIIN policy. addressed in the DFARS. Regulation Supplement; Uniform Consistent application of the PIIN Amendments to the DD Form 250, Procurement Instrument Identification policy will facilitate the generation of Material Inspection and Receiving reliable contract data. Report, will also be needed, as that form AGENCY: Department of Defense (DoD). 2. The PIIN will consist of a linkage presently does not use the issuing ACTION: Proposed rule with respect for of a basic number, the code assigned by activity code as a data element. DD comments. the agency to the activity issuing the Form 250 changes will be addressed in contract action, and, if necessary, a a future DFARS case. SUMMARY: The Director of Defense supplementary number. The issuing B. Regulatory Flexibility Act Procurement is proposing to amend the activity code is the same code that Defense Federal Acquisition Regulation already appears in the ‘‘Issued by’’ block The proposed rule is not expected to Supplement (DFARS) to revise of most contracting forms. No new have a significant economic impact on procedures for assigning procurement information is needed to support this a substantial number of small entities instrument identification numbers to concept. The three linked fields will within the meaning of the Regulatory contracts, agreements, modifications, form a unique identification number. Flexibility Act, 5 U.S.C. 601, et seq., and orders. The existing procedures do 3. The two-digit alpha identifiers will because the rule employs information not provide a sufficient number of be removed from the DFARS Appendix that already exists in DoD contracts, identifiers for those activities that place G activity address listings. The codes agreements, modifications, and orders. a high volume of orders under another presently are used in the first two It is anticipated that little or no activity’s contract or agreement. The positions or an order number to identify programming effort will be required for proposing changes would increase the an activity that is placing an order contractors to accommodate the new number of available identifiers by under another activity’s contract or numbering system. An initial regulatory incorporating the issuing activity’s six- agreement. Use of the six-digit issuing flexibility analysis has, therefore, not digit code into the instrument activity code in the PIIN will eliminate been performed. Comments are invited identification number. the need for the Appendix G two-digit from small businesses and other DATES: Comments on the proposed rule identifier code in the order number. interested parties. Comments from small should be submitted in writing to the This will increase the number of entities concerning the affected DFARS address specified below on or before available positions in most order subparts also will be considered in June 28, 1999, to be considered in the numbers from two to four, thereby accordance with 5 U.S.C. 610. Such formation of the final rule. greatly expanding the available number comments should be submitted ADDRESSES: Interested parties should of identifiers. separately and should cite DFARS Case submit written comments on the 4. The six-digit issuing activity code 97–D033 in correspondence. proposed rule to: Defense Acquisition will also be used to identify the C. Paperwork Reduction Act Regulations Council, Attn: Ms. Melissa contracting office in Block A3 of DD The Paperwork Reduction Act does Rider, PDUSD (A&T) DP (DAR), IMD Form 350, Individual Contracting not apply because the rule does not 3D139, 3062 Defense Pentagon, Action Report, replacing the existing impose any information collection Washington, DC 20301–3062. Telefax five-digit coding system. requirements that require the approval (703) 602–0350. Please cite DFARS Case 5. The ninth-position alpha codes are of the Office of the Management and 97–D033. revised as follows: Budget under 44 U.S.C. 3501, et seq. E-mail comments submitted over the a. Given the new linkage concept, less Internet should be addressed to: alpha codes will be needed to cover the List of Subjects in 48 CFR Parts 201 and [email protected]. number of requests for quotations and 204 Please cite DFARS Case 97–D033 in purchase orders issued in a fiscal year. Government procurement. all correspondence related to this issue. Therefore, only two ninth-position Michele P. Peterson, E-mail correspondence should cite alpha codes will be assigned to each DFARS Case 97–D033 in the subject Executive Editor, Defense Acquisition category. They are designated as Series Regulations Council. line. I and Series II to permit agency FOR FURTHER INFORMATION CONTACT: Ms. designation of certain blocks of basic Therefore, 48 CFR Parts 201 and 204 Melissa Rider, (703) 602–0131. Please numbers for different types of are proposed to be amended as follows: cite DFARS Case 97–D033. instruments (e.g., electronic commerce, 1. The authority citation for 48 CFR Parts 201 and 204 continues to read as SUPPLEMENTARY INFORMATION: paper-based, computer-generated). b. Code ‘‘F’’ will no longer be used for follows: A. Background orders placed with or through other Authority: 41 U.S.C. 421 and 48 CFR An advance notice of proposed departments or agencies. Instead, the Chapter 1. rulemaking (ANPR) was published in alpha code indicating the type of the Federal Register on December 16, instrument will be used (e.g., a purchase PART 201ÐFEDERAL ACQUISITION 1997 (62 FR 65782). The ANPR solicited order issued under a GSA Federal REGULATIONS SYSTEM comments on a contemplated revision of Supply Schedule contract will be coded 2. Section 201.402 is amended by DFARS guidance pertaining to uniform ‘‘M’’). revising paragraph (1) to read as follows: procurement instrument identification c. Code ‘‘Y’’ will be used for blanket numbers (PIINs). As a result of purchase agreements (BPAs) established 201.402 Policy. comments received in response to the under contracts issued by another (1) The Director of Defense ANPR and further DoD review of this agency, such as a BPA established under Procurement, Office of the Under

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Secretary of Defense (Acquisition and (1) Use alpha-numeric characters as (b) Positions 7 and 8. The seventh and Technology), USD (A&T) DP, is the prescribed in this subpart; and eight positions are the last two digits of approval authority within DoD for— (2) Do not use the letter I or O. the fiscal year in which the basic (i) Any individual deviation from— (c) Separate the major elements of a number is assigned. (A) FAR 3.104, Procurement Integrity, basic number entered on a paper (c) Position 9. Indicate the type of or DFARS 203.104, Procurement instrument (e.g., N00023–00–B–0120. If instrument by entering one of the Integrity; there is no assigned space on the following upper case letters in position (B) FAR Subpart 27.4 Rights in Data instrument, enter the basic number in nine. (For contracting actions for listed and Copyrights, or DFARS Subpart the upper right corner and identify the or non-listed items with Javits-Wagner- 227.4, Rights in Data and Copyrights; type of instrument (e.g., Solicitation O’Day participating non-profit agencies (C) DFARS Subpart 204.70, Uniform Number N00023–00–B–0120). or Federal Prison Industries, and Procurement Instrument Identification (d) If department or agency contracting actions with other Numbers; procedures require additional numbers (D) FAR Part 30, Cost Accounting Government agencies, select the code on procurement instruments, keep the for the type of instrument being issued.) Standards Administration, or DFARS additional numbers clearly separate (1) Blanket purchase agreement, except Part 230, Cost Accounting Standards from the identification numbers a blanket purchase agreement Administration; prescribed in this subpart. (E) FAR Subpart 31.1, Applicability, (e) Retain the same identification established under a Federal Supply or DFARS Subpart 231.1, Applicability numbers for the life of the instrument. Schedule or another agency’s (contract cost principles); (f) When establishing a blanket contract—A (F) FAR Subpart 31.2, Contracts with purchase agreement (BPA) under a (2) Invitation for bids— B Commercial Organizations, or DFARS Federal Supply Schedule (see FAR (3) Contract other than identifinite- Subpart 231.2, Contracts with 8.404(b)(4)) or other contract— delivery contract, facilities contract, Commercial Organizations; or (1) Develop a PIIN for the BPA in or sales contract—C (G) FAR Part 32, Contract Financing accordance with this subpart; and (4) Indefinite-delivery contract—D (except Subparts 32.7 and 32.8 and the (2) Identify the Federal Supply (5) Facilities contract—E payment clauses prescribed by Subpart Schedule or other contract number in (6) [Reserved]—F 32.1), or DFARS Part 232, Contract the BPA and in each order placed under (7) Basic ordering agreement—G Financing (except Subparts 232.7 and the BPA. (8) Agreement, including basic 232.8); or (g) When placing an order under agreement and loan agreement, but (ii) Any class deviation. another agency’s contract or agreement, excluding blanket purchase * * * * * use the basic number assigned by the agreement, basic ordering agreement, other agency. and lease agreement—H PART 204ÐADMINISTRATION MATTERS 204.7002 Basic number. (9) Do not use—I Assign a 13-character basic number to (10) [Reserved]—J 3. Subpart 204.7 is revised to read as an instrument as follows: (11) [Reserved]—K follows: (a) Positions 1 through 6. The first six (12) Lease agreement—L Subpart 204.7ÐUniform Procurement positions contain the activity identifier (13) Purchase order—Series I—M* Instrument Identification Numbers shown in Appendix G. (14) Notice of intent to purchase—N Sec. (1) The first part of this series (15) Do not use—O 204.7000 Scope. identifies the department or agency as (16) Purchase order—Series II—P* 204.7001 General. follows: (17) Request for quotations-Series I—Q* 204.7002 Basic number. (i) Department of the Army—DA (ii) Department of the Navy (except (18) Request for proposals—R 204.7003 Activity code. (19) Sales contract—S 204.7004 Supplementary numbers. Marine Corps)—N 204.7004–1 Amemdments to solicitations. (iii) Department of the Air Force—F (20) Request for quotations-Series II—T* 204.7004–2 Orders and calls under (iv) Defense Information Systems (21) [Reserved]—U contracts and agreements. Agency—DCA (22) [Reserved]—V 204.7004–3 Modifications. (v) Defense Logistics Agency—S (23) [Reserved]—W (vi) Defense Threat Reduction (24) Reserved for departmental use—X Subpart 204.7ÐUniform Procurement Agency—DTRA (25) Blanket purchase agreement under Instrument Identification Numbers (vii) National Imagery and Mapping a Federal Supply Schedule or another Agency—NMA agency’s contract—Y 204.7000 Scope. (viii) Miscellaneous Defense This Subpart— Activities—MDA (26) Reserve for departmental use—Z (a) Prescribes procedures for uniform (ix) Marine Corps—M *Agencies may authorize the use of assignment of identification numbers to (x) Ballistic Missile Defense different series numbers to procurement instruments; and Organization—HQ0006 accommodate automated systems. (b) Applies to all DoD procurement (xi) Defense Commissary Agency— (d) Position 10 through 13. instruments except communication (DECA) Enter the serial number of the service authorization issued by the (xii) United States Special Operations instrument in these positions. A Defense Information Technology Command—USZA separate series of serial numbers may be Contracting Organization. (xiii) Defense Micro-Electronic used for any type of instrument listed in Agency—DMEA 204.7001 General. (2) The last part of this series paragraph (c) of this section. Ensure that (a) The procurement instrument identifies the office issuing the serial numbers within the same PIIN are identification number (PIIN) consists of instrument. not duplicated within an activity. the linkage of basic number, the issuing (3) Use all six positions. If necessary, (e) Illustration of basic number. The activity’s code, and, if necessary, a enter zeros between the department or following illustrates a properly supplementary number. agency identifier and the issuing office configured basic number: (b) When establishing a PIIN— identifier. BILLING CODE 5000±04±M

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BILLING 5000±04±C (b) Oder or call placed by an activity (ii) Positions 2 and 3. These are the 204.7003 Activity code. under another activity’s contract or first two digits in a serial number. They agreement. Use a four-position serial may be either alpha or numeric. Use the A six-digit code follows the basic number for the order or call. letter K, L, M, N, P, Q, S, T, U, V, W, number in a PIIN. This is the code for (1) For an order under a Federal X, Y, or Z only in the second position the activity issuing the instrument. ’ schedule— and only in the following 204.7004 Supplementary numbers. (i) Use an F in the first position if the circumstances: order is being placed under a GSA (A) Use K, L, M, N, P, or Q in the 204.7004±1 Amendments to solicitations. Federal Supply Schedule; second position if the modification is Use of four-position number to (ii) Use a J in the first position if the issued by the Air Force and is a identify amendments to solicitations order is being placed under any other provisioned item order. The Navy also (solicitations have code B, N, Q, R, or type of Federal schedule; and may use K in the second position to T in the ninth position of the basic (iii) In the second, third, and fourth identify a provisioned item order. number). Number amendments positions— (B) Use S in the second position to sequentially beginning with 0001, e.g., (A) First use numeric identifiers, identify modifications issued to provide RFP N00062–00–R–1234, Activity Code beginning with 001; and initial or amended shipping instructions N00062, Amendment 0001. (B) When the numbers exceed 999, when— use alpha or alpha-numeric characters. (1) The contract has either FOB origin 204.7004±2 Orders and calls under (2) For an order under a contract that or destination delivery terms; and contracts and agreements. is not a Federal schedule— (2) The price changes. (i) First use numeric identifiers, Assign numbers to orders and calls (C) Use T, U, V, W, X, or Y in the beginning with 0001; under contracts and agreements, except second position to identify (ii) When the numbers exceed 9999, orders under lease or ship repair modifications issued to provide initial use alpha or alpha-numeric characters; agreements, as follows (contracts and or amended shipping instructions and agreements have code A, D, G, or H in when— the ninth position of the basic number): (iii) Do not use the letter, A, F, J, or P in the first position. (1) The contract has FOB origin (a) Order or call placed by the activity delivery terms; and that awarded the contract or agreement. 204.7004±3 Modifications. (2) The price does not change. Use a four-position serial number for the (a) Modifications to contracts, (D) Use Z in the second position to order to call. agreements, and purchase orders. (This identify a modification that definitizes a (1) First use numeric identifiers, policy applies to instruments coded C, letter contract or other unpriced action. beginning with 0001, e.g., Indefinite E, L, M, P, or S in the ninth position of (iii) Positions 4 through 6. These delivery contract N00383–00–D–0001, the basic number.) positions are always numeric. Use a Activity Code N00383, Order 0001. (1) Use a six-position modification separate series of serial numbers for (2) When the numbers exceed 9999, number as follows: each type of modification listed in use alpha characters in the second, (i) Position 1. Identify the office paragraph (a)(1)(ii) of this subsection. third, and fourth positions. issuing the modification as follows: Examples of proper numbering for (3) Do not use alpha characters in the (A) Contract administration office A positions 2–6 (the first position will be first position. (B) Contracting office P either A or P) are as follows:

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Provisioned items order Normal modification (Reserved for use by Air Shipping Force or Navy only) instructions

00001±99999 ...... K0001±K9999 ...... S0001±S9999 then KA001±KZ999 ...... SA001±SZ999 A0001±A9999 ...... L0001±L9999 ...... T0001±T9999 B0001±B9999 ...... LA001±LZ999 ...... TA001±TZ999 and so on to M0001±M9999 ...... U0001±U9999 H0001±H9999 ...... MA001±MZ999 ...... UA001±UZ999 then N0001±N9999 ...... V0001±V9999 J0001±J9999 ...... NA001±NZ999 ...... VA001±VZ999 then P0001±P9999 ...... W0001±W9999 R0001±R9999 ...... PA001±PZ999 ...... WA001±WZ999 then Q0001±Q9999 ...... X0001±X9999 AA001±HZ999 ...... QA001±QZ999 ...... XA001±XZ999 then ...... Y0001±Y9999 JA001±JZ999 ...... YA001±YZ999 RA001±RZ999.

(2) If a contract administration office DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Ms. is changing the contract administration Amy Williams, (703) 602–0131. Please or disbursement office for the first time 48 CFR Part 225 cite DFARS Case 99–D005. and is using computer-generated SUPPLEMENTARY INFORMATION: modifications to notify many offices, [DFARS Case 99±D005] A. Background use the six-position identification number ARZ999. If either office is Defense Federal Acquisition FMS customers have expressed an changed again during the life of the Regulation Supplement; Foreign interest in becoming more involved in contract, use the identification number Military Sales Customer Observation of the preparation of contracts that DoD Negotiations ARZ998, and on down as needed. awards on their behalf. They have requested the opportunity to observe (3) Each office authorized to issue AGENCY: Department of Defense (DoD). price negotiations and to receive modifications must assign the ACTION: Proposed rule with request for assurances that their contract prices are identification numbers in sequence. Do comments. reasonable. This rule proposes revisions not assign a number until it has been to DFARS 225.7304 to specify that, if determined that a modification will be SUMMARY: The Director of Defense requested by an FMS customer, the issued. Procurement is proposing to amend the contracting officer should provide the (b) Modifications to orders and calls. Defense Federal Acquisitions FMS customer with an explanation of Regulations Supplement (DFARS) to the reasonableness of the negotiated (This policy applies to instruments specify that, if requested by a foreign price of its contract; and should permit coded A, D, G, or H in the ninth military sales (FMS) customer, the thee FMS customer to observe price position of the basic number, orders contracting officer should permit the negotiations if the prospective placed under a Federal Supply FMS customer to observe contract price contractor consents and the FMS Schedule, and orders placed under a negotiations and should provide the customer provides certain written contract or agreement awarded by a FMS customer with information assurances. non-DoD agency.) Use a two-position regarding price reasonableness. B. Regulatory Flexibility Act modification number as follows: DATES: Comments on the proposed rule (1) Modifications issued by a should be submitted in writing to the The proposed rule is not expected to purchasing office begin wit 01, 02, and address specified below on or before have a significant economic impact on so on through 99, then B1 through B9, June 28, 1999, to be considered in the a substantial number of small entities within the meaning of the Regulatory BA through BZ, C1 through C9, and so formation of the final rule. Flexibility Act, 5 U.S.C. 601, et seq., on through ZZ (e.g., Contract F04611– ADDRESSES: Interested parties should because involvement of FMS customers 01–D–0125, Activity Code FA9300, submit written comments on the in the contracting process should have Order 0002, Modification 01). proposed rule to: Defense Acquisition no significant effect on offerors or (2) Modifications issued by a contract Regulations Council, Attn: Ms. Amy contractors. The contracting officer must administration office begin with 1A, 1B, Williams, PDUSD (A&T) DP (DAR), IMD obtain permission from a prospective and so on through 9Z, followed by A1, 3D139, 3062 Defense Pentagon, contractor before permitting an FMS A2, and so on to A9, then AA, BB, and Washington, DC 20301–3061. Telefax customer to observe price negotiations. so on through AZ. (703) 602–0350. Please cite DFARS Case In addition, the FMS customer must 99–D005. provide written assurance that it will [FR Doc. 99–10547 Filed 4–27–99; 8:45 am] E-mail comments submitted over the not disclose any proprietary or other BILLING CODE 5000±04±M Internet should be addressed to: contract or data except as specifically [email protected] authorized by the contractor. An initial Please cite DFARS Case 99–D005 in regulatory flexibility analysis has, all correspondence related to this issue. therefore, not been performed. E-mail correspondence should cite Comments are invited from small DFARS Case 98–D005 in the subject businesses and other interested parties. line. Comments from small entities

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Paperwork Reduction Act an explanation of any price differential and is intended to promote the goals The Paperwork Reduction Act does between DoD and FMS contracts; and and objectives of the Council with not apply because the rule does not (2) Representatives of the FMS respect to management of halibut in and impose any information collection customer may observe price off Alaska. requirements that require the approval negotiations between the U.S. DATES: Comments must be received by of the Office of Management and Budget Government and the prospective May 28, 1999. under 44 U.S.C. 3501, et seq. contractor if— ADDRESSES: Comments must be sent to (i) The contractor provides written List of Subjects in 48 CFR Part 225 Sue Salveson, Assistant Regional permission consenting to the Administrator for Sustainable Fisheries, Government procurement. observation of price negotiations by the Alaska Region, NMFS, 709 West 9th Michele P. Peterson, FMS customer. The contractor’s written Street, Room 453, Juneau, AK 99801, or Executive Editor, Defense Acquisition permission must include any P.O. Box 21668, Juneau, AK 99802, Regulations Council. restrictions on the disclosure of Attention: Lori J. Gravel. Copies of the proprietary or other data; and Therefore, 48 CFR Part 225 is Environmental Assessment/Regulatory proposed to be amended as follows: (ii) The FMS customer provides written assurances that it will not— Impact Review/Initial Regulatory 1. The authority citation for 48 CFR Flexibility Analysis (EA/RIR/IRFA) for Part 225 continues to read as follows: (A) Disclose any proprietary or other contractor data except as specifically this action may be obtained from the Authority: 41 U.S.C. 421 and 48 CFR above address. Chapter 1. authorized by the contractor; or (B) Discuss with the contractor any FOR FURTHER INFORMATION CONTACT: PART 225ÐFOREIGN ACQUISITION issue related to the negotiation of price, Gretchen Harrington, 907–586–7228. either during or separate from SUPPLEMENTARY INFORMATION: The 2. Section 225.7304 is revised to read negotiations. Convention between the United States as follows: [FR Doc. 99–10546 Filed 4–27–99; 8:45 am] and Canada for the Preservation of the 225.7304 Source selection and contract BILLING CODE 5000±04±M Halibut Fishery of the North Pacific pricing. Ocean and the Bering Sea (Convention), (a) FMS customers may request that a signed at Ottawa, Ontario, Canada, on defense article or defense service by DEPARTMENT OF COMMERCE March 2, 1953, and amended by a obtained from a particular contractor. In Protocol Amending the Convention, such cases, FAR 6.302–4 provides National Oceanic and Atmospheric signed at Washington, D.C., United authority to contract without full and Administration States of America, on March 29, 1979, open competition. the FMS customer authorizes the International Pacific also may request that a subcontract be 50 CFR Part 300 Halibut Commission (Commission) to placed with a particular firm. The [Docket No. 99041610±9199±01; I.D. promulgate regulations for the contracting officer shall honor such 031999C] conservation and management of the requests from the FMS customer only is Pacific halibut fishery. Before these RIN 0648±AL18 the LOA or other written direction regulations would have any effect on U.S. fishermen, they must be approved sufficiently fulfills the requirements of Pacific Halibut Fisheries; Local Area by the Secretary of State of the United FAR Subpart 6.3. Management Plan for the Halibut States pursuant to section 4 of the (b) Do not allow representatives of the Fishery in Sitka Sound FMS customer to— Northern Pacific Halibut Act (Halibut (1) Direct the deletion of names of AGENCY: National Marine Fisheries Act, 16 U.S.C. 773–773k) that executes firms from bidders mailing lists or slates Service (NMFS); National Oceanic and the above Convention. The Halibut Act, of proposed architect-engineer firms. Atmospheric Administration (NOAA); in section 5, gives the Secretary of (They may suggest the inclusion of Commerce. Commerce (Secretary) the general certain firms); or ACTION: Proposed rule; request for responsibility to carry out the (2) Interfere with a contractor’s comments. Convention between the United States placement of subcontracts. and Canada, and requires the Secretary (c) Do not accept directions from the SUMMARY: NMFS issues a proposed rule to adopt such regulations as may be FMS customer on source selection that would establish a Local Area necessary to carry out the purposes and decisions or contract terms (except that, Management Plan (LAMP) for the objectives of the Convention and the upon timely notice, the contracting halibut fishery in Sitka Sound, in the Halibut Act. The Secretary’s authority officer may attempt to obtain any Gulf of Alaska. This action would affect has been delegated to the Assistant special contract provisions and persons fishing from commercial and Administrator for Fisheries, NOAA. warranties requested by the FMS charter vessels. This action would Section 5 of the Halibut Act also customer). implement the North Pacific Fishery provides that the regional fishery (d) Do not honor any request by the Management Council (Council) management council having authority FMS customer to reject any bid or recommendation to prohibit halibut for the geographical area concerned may proposal. fishing in Sitka Sound by commercial recommend management measures (e) If requested by the FMS fishing vessels greater than 35 ft (10.7 governing Pacific halibut catch in U.S. customer— meters(m)) and, during June, July, and Convention waters that are in addition

VerDate 26-APR-99 09:08 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\A28AP2.019 pfrm07 PsN: 28APP1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Proposed Rules 22827 to, but not in conflict with, regulations February 1998. The Council’s preferred would exclude the larger vessels from of the Commission. alternative is the basis of this proposed fishing around Biorka Island. The Sitka (Alaska) Fish and Game rule. The following summarizes the NMFS prepared an EA/RIR/IRFA for Advisory Committee began the process preferred alternative. this proposed rule that describes the necessary to develop a LAMP in 1995 to First, commercial vessels greater than management background, the purpose address the concerns of local residents 35 ft (10.7 m) overall length targeting and need for action, the management about the decreased availability of halibut would be prohibited in the Sitka action alternatives, and the halibut in Sitka Sound. The Chairman of Sound area, defined as a line across environmental and the socio-economic the Sitka Fish and Game Advisory Kakul Narrows at the Green Buoy and impacts of the alternatives. A copy of Committee appointed representatives of from a point on Chichagof Island to the EA/RIR/IRFA can be obtained from all major sectors participating in the Kruzof Island adjacent to Sinitsin Island NMFS (see ADDRESSES). A summary of Sitka Sound halibut fishery, including on the North, to the Sitka Salmon Derby the IRFA follows. the commercial, sport, charter, and Boundaries on the South. This proposed action is being personal use fishermen, to the Sitka Second, commercial vessels less than considered because local residents of Halibut Task Force (Task Force). or equal to 35 ft (10.7 m) in overall Sitka Sound are concerned about the The Task Force determined that too length targeting halibut would be decreased availability of halibut. The many harvesters targeted halibut in prohibited from fishing for halibut in objective is to allocate halibut fishing Sitka Sound. The Commission has no the Sitka Sound area during June, July, opportunities in Sitka Sound among data that support or refute localized and August. A trip limit of 2000 lb (0.91 fishermen fishing with commercial depletion; however, local or anecdotal metric tons (mt)) of halibut would be in vessels, anglers fishing from charter information indicates the opportunity effect for commercial vessels less than vessels, subsistence/personal use for an individual fisherman to catch a or equal to 35 ft (10.7 m) in overall fisheries, and sport fishermen. Section 5 halibut has greatly decreased due to length targeting halibut in the Sitka of the Halibut Act authorizes the Sound area during the designated IFQ increased competition. This increased Council to recommend management competition among users is due to an season as specified in 15 CFR 300.26, measures governing Pacific halibut increase in the number of guided charter except during the closed period of June, catch in Sitka Sound. vessels and the Individual Fishing July, and August. The Sitka Sound area There were 192 registered charter Quota (IFQ) fishery that allows in this case is the same as that defined vessels and 74 commercial longline commercial fishing vessels to operate for commercial vessels greater than 35 ft vessels with allocations of halibut in throughout the summer. The Task Force (10.7 m) in overall length, except that Area 2C that fished in Sitka Sound in unanimously agreed to a statement of the southern boundary would be a line findings and a list of voluntary actions from Sitka Point to Hanus Point, from 1996. in May 1995. Hanus Point to the Green Marker in This rule does not contain reporting, The Task Force was reconvened in Dorothy Narrows, and across to Baranof recordkeeping, or compliance January 1997 in response to Proposal Island. requirements and there are no relevant 270 submitted by the Sitka Tribe of Finally, during June, July, and Federal rule which may duplicate, Alaska to the State of Alaska Board of August, charter vessels would be overlap, or conflict with this proposed Fisheries (BOF). Proposal 270 requested prohibited from fishing for halibut in rule. the BOF to take action to prohibit the Sitka Sound area, defined the same The alternative of not having a LAMP commercial and charter fishing for as the closed area for commercial for Sitka Sound would not have a halibut, ling cod, rockfish, and other vessels less than or equal to 35 ft (10.7 negative impact on the halibut resource bottomfish in the Sitka Sound area. In m) in overall length. Operators of but would increase competition for the February 1997, the BOF deferred the charter vessels could retain halibut resource in Sitka Sound. Creation of an halibut proposal to the Council as the harvested outside Sitka Sound when alternative LAMP for Sitka Sound, responsible body for developing they are fishing for other species within which would (1) prohibit halibut regulations having domestic allocation Sitka Sound from June 1 through August commercial vessels greater than 35 ft of Pacific halibut as a primary purpose. 31. The charter vessel fleet considers the (10.7 m) from harvesting halibut in Sitka The Council assigned the Task Force ability to retain halibut caught outside Sound, (2) prohibit halibut commercial with the duty of developing a LAMP for the closed area necessary because of the vessels less than or equal to 35 ft (10.7 halibut for Council action. difficulties in off-loading catch during a m) from harvesting halibut in Sitka The Task Force determined that the charter fishing trip. NMFS is Sound during July, July, and August decreased availability of halibut in Sitka particularly interested in receiving with a 1,000 lb (0.45 mt) trip limit Sound due to excessive competition was comments on this aspect of the during the remainder of the IFQ fishing diminishing the quality of life for local proposed rule because of the difficulty season, and (3) during July, June, and residents. The Task Force identified the in distinguishing between halibut August only allow for a subsistence/ following areas of concern: Status of the caught outside the closed area and personal use fishery, and a non-guided halibut stocks; increasing charter fishing halibut that may have been caught sport fishery in Sitka Sound, would effort; decreasing non-charter sport within the closed area. protect the interests of non-guided catch; decreasing commercial catches; The less restrictive southern boundary anglers but restrict the retention of and changes in commercial fishing for charter vessels and commercial halibut caught outside Sitka Sound by patterns due to the IFQ program. The fishing vessels less than or equal to 35 charter vessels while fishing inside the Task Force then created a proposed ft (10.7 m) in overall length would allow Sound. LAMP for Sitka Sound and submitted it them to fish in more protected waters None of the alternatives discussed in to the Council. during inclement weather. Also, it the EA/RIR/IRFA is likely to The Council directed its staff to would allow the smaller vessels access significantly affect the quality of the prepare an EA/RIR/IRFA analyzing the to the halibut fishing grounds around human environment, or are expected to Task Force’s LAMP proposal. The Biorka Island. The southern boundary have significant impacts on endangered Council approved the Task Force’s for commercial fishing vessels greater or threatened species, or marine proposal as the preferred alternative in than 35 ft (10.7 m) in overall length mammals.

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This proposed rule has been stern (excluding bowsprits, rudders, 57°22’03’’ N. lat., 135°43’00’’ W. long., determined to be not significant for outboard motor brackets, and similar and a line from Chichagof Island at purposes of E.O. 12866. fittings or attachments). 57°22’35’’ N. lat., 135°41’18’’ W. long. to Baranof Island at 57°22’17’’ N. lat., List of Subjects in 50 CFR Part 300 * * * * * Setline gear means one or more 135°40’57’’ W. lat.; and is enclosed on Fisheries, Fishing, Reporting and stationary, buoyed, and anchored lines the south and west by a line running recordkeeping requirements, Treaties. with hooks attached. from Sitka Point at 56°59’23’’ N. lat., Dated: April 20, 1999. Sport fishing means all fishing other 135°49’34’’ W. long., to Hanus Point at ° ° Penelope D. Dalton, than commercial fishing and treaty 56 51’55’’ N. lat., 135 30’30’’ W. long., Indian ceremonial and subsistence to the green day marker in Dorothy Assistant Administrator for Fisheries, ° ° National Marine Fisheries Service. fishing. Narrows at 56 49’17’’ N. lat., 135 22’45’’ ° For reasons set out in the preamble, * * * * * W. long. to Baranof Island at 56 49’17’’ ° 50 CFR part 300 is proposed to be 3. In § 300.63, the heading is revised, N. lat., 135 22’36’’ W. long. amended to read as follows: introductory text of § 300.63 is revised, (2) A person using a vessel greater and paragraph (d) is added to read as than 35 ft (10.7 m) in overall length, as PART 300ÐINTERNATIONAL follows: defined in 50 CFR 300.61, is prohibited FISHERIES REGULATIONS from fishing for IFQ halibut with setline § 300.63 Catch sharing plans, local area gear, as defined in 50 CFR 300.61, 1. The authority citation for 50 CFR management plans, and domestic within Sitka Sound as defined in part 300, subpart E continues to read as management measures. paragraph (d)(1)(i) of this section. follows: Catch sharing plans (CSP) and local (3) A person using a vessel less than Authority: 16 U.S.C. 773–773k area management plans (LAMP) may be or equal to 35 ft (10.7 m) in overall developed by the appropriate regional 2. In § 300.61, the definitions for length, as defined in 50 CFR 300.61: fishery management council, and ‘‘Charter vessel’’, ‘‘Fishing’’, ‘‘Individual (i) Is prohibited from fishing for IFQ approved by NMFS, for portions of the Fishing Quota’’, ‘‘IFQ fishing trip’’, ‘‘IFQ halibut with setline gear within Sitka fishery. Any approved CSP or LAMP halibut’’, ‘‘Overall length’’, ‘‘Setline Sound, as defined in paragraph (d)(1)(ii) may be obtained from the gear’’, and ‘‘Sport fishing’’ are added in of this section, from June 1 through Administrator, Northwest Region, or the alphabetical order to read as follows: August 31; and Administrator, Alaska Region. (ii) Is prohibited, during the § 300.61 Definitions. * * * * * remainder of the designated IFQ season, * * * * * (d) The LAMP for Sitka Sound from retaining more than 2,000 lbs. Charter vessel means a vessel used for provides guidelines for participation in (0.91 mt) of IFQ halibut within Sitka hire in sport fishing for halibut, but not the halibut fishery in Sitka Sound. Sound, as defined in paragraph (d)(1)(ii) including a vessel without a hired (1) For purposes of § 300.63(d), Sitka of this section, per IFQ fishing trip, as operator. Sound means (See Figure 1) to subpart defined in 50 CFR 300.61. Fishing means the taking, harvesting, E of the part: (4) No charter vessel, as defined in 50 or catching of fish, or any activity that (i) With respect to § 300.63(d)(2), that CFR 300.61, shall engage in sport can reasonably be expected to result in part of the Commission regulatory area fishing as defined in 50 CFR 300.61, for the taking, harvesting, or catching of 2C that is enclosed on the north and east halibut within Sitka Sound, as defined fish, including specifically the by a line from Kruzof Island at ° ° in paragraph (d)(1)(ii) of this section, deployment of any amount or 57 20’30’’ N. lat., 135 45’10’’ W. long. to from June 1 through August 31. Chichagof Island at 57°22’03’’ N. lat., component part of setline gear (i) No charter vessel shall retain 135°43’00’’ W. long., and a line from anywhere in the maritime area. halibut caught while engaged in sport Individual Fishing Quota (IFQ), for Chichagof Island at 57°22’35’’ N. lat., fishing, as defined in 50 CFR 300.61, for purposes of this subpart, means the 135°41’18’’ W. long. to Baranof Island at other species, within Sitka Sound, as annual catch limit of halibut that may 57°22’17’’ N. lat., 135°40’57’’ W. long.; defined in paragraph (d)(1)(ii) of this be harvested by a person who is and is enclosed on the south and west section, from June 1 through August 31. lawfully allocated a harvest privilege for by a line from Cape Edgecumbe at (ii) Notwithstanding paragraphs (d)(4) a specific portion of the TAC of halibut. 57°59’54’’ N. lat., 135°51’27’’ W. long. to IFQ fishing trip, for purposes of the Vasilief Rock at 56°48’56’’ N. lat., and (d)(4)(i) of this section, halibut subpart, means the period beginning 135°32’30’’ W. long. to the green day harvested outside Sitka Sound, as when a vessel operator commences marker in Dorothy Narrows at 56°49’17’’ defined in (d)(1)(ii) of this section, may harvesting IFQ halibut and ending when N. lat., 135°22’45’’ W. long. to Baranof be retained onboard a charter vessel the vessel operator lands any species. Island at 56°49’17’’ N. lat., 135°22’36’’ engaged in sport fishing as defined in 50 IFQ halibut means any halibut that is W. long. CFR 300.61,for other species within harvested with fixed gear in any IFQ (ii) With respect to § 300.63(d)(3) and Sitka Sound, as defined in paragraph regulatory area. (4), that part of the Commission (d)(1)(ii) of this section from June 1 Overall length of a vessel means the regulatory area 2C that is enclosed on through August 31. horizontal distance, rounded to the the north and east by a line from Kruzof 3. In subpart E of part 300, Figure 1 nearest foot, between the foremost part Island at 57°20’30’’ N. lat., 135°45’10’’ is added following § 300.65. of the stem and the aftermost part of the W. long. to Chichagof Island at BILLING CODE 3510±22±F

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[FR Doc. 99–10541 Filed 4–27–99; 8:45 am] BILLING CODE 3510±22±C

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Notices Federal Register Vol. 64, No. 81

Wednesday, April 28, 1999

This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE Agriculture by the Act of July 26, 1956, (70 contains documents other than rules or Stat. 656; 16 U.S.C. 505a, 505b) it is ordered proposed rules that are applicable to the Forest Service as follows: public. Notices of hearings and investigations, (1) The lands under the jurisdiction of the committee meetings, agency decisions and Transfer of Administrative Department of the Army, described in Exhibit rulings, delegations of authority, filing of Jurisdiction; Table Rock Lake A and shown on Exhibit B (maps are on file petitions and applications and agency Reservoir Project; Mark Twain National and available for public inspection in the statements of organization and functions are Forest, Missouri Office of the Chief, USDA Forest Service, examples of documents appearing in this Washington, D.C.), which lie within and section. AGENCY: Forest Service, USDA. adjacent to the Mark Twain National Forest, ACTION: Notice of land interchange. Missouri are hereby transferred from the jurisdiction of the Secretary of the Army to DEPARTMENT OF AGRICULTURE SUMMARY: On August 25, 1998, and the jurisdiction of the Secretary of December 24, 1998, the Secretary of the Agriculture subject to outstanding rights or Forest Service Army and the Secretary of Agriculture, interests of record and to such flooding as may occur from the operation of the Table East Side Project, McKean, Elk and respectively, signed a joint interchange order authorizing the transfer of Rock Lake Project. Forest Counties, Pennsylvania administrative jurisdiction of 4,556.81 (2) The lands under the jurisdiction of the acres, more or less, lying within and USDA Forest Service, described in Exhibit C AGENCY: Forest Service, USDA. adjacent to the Mark Twain National and shown on Exhibit D (maps are on file and available for public inspection in the ACTION: Revised notice of intent to Forest in Stone and Barry Counties, Office of the Chief, USDA Forest Service, prepare an environmental impact Missouri, from the Department of Washington, D.C.) which lie within and statement. Agriculture to the Department of the Army. Further, the order transfers from adjacent to the Table Rock Lake Project, Missouri, are hereby transferred from the the Department of the Army to the SUMMARY: Reference is made to our Secretary of Agriculture to the jurisdiction of Department of Agriculture 68.32 acres, notice of intent to prepare an the Secretary of the Army. more or less, within and adjacent to the environmental impact statement for the (3) Pursuant to Section 2 of the exterior boundaries of the Mark Twain East Side Project (FR Document 98– aforementioned Act of July 26, 1956, the National Forest, Stone County, National Forest lands transferred to the 10895 filed 4/23/98) published in the Missouri, for inclusion in the Mark Federal Register, Volume 63, No. 79, Secretary of the Army by this order are Twain National Forest. The 45-day hereafter subject only to the laws applicable Friday, April 24, 1998, pages 20368–69. Congressional oversight requirement of to the Department of the Army lands In accordance with Forest Service the Act of July 26, 1956 (70 Stat. 656, comprising the Table Rock Lake Project, Environmental Policy and Procedures 16 U.S.C. 505a, 505b) has been met. A Missouri. The Department of Army lands handbook 1909.15, part 21.2—Revision copy of the Joint Order, as signed, and transferred to the Secretary of Agriculture by of Notices of Intent, we are revising the Exhibits A and C, which describe the this order are hereafter subject only to the date that the Draft Environmental lands being conveyed, are set out at the laws applicable to lands acquired under the end of this notice. Act of March 1, 1911 (36 Stat. 961), as Impact Statement is expected to be filed amended. EFFECTIVE DATE: The order is effective with the Environmental Protection This order will be effective as of the date April 28, 1999. Agency and be available for public of publication in the Federal Register. FOR FURTHER INFORMATION CONTACT: review and comment to July 1, 1999. Dated: August 25, 1998. David M. Sherman, Lands Staff, 4 Subsequently, the date the final EIS is Louis Caldera, scheduled to be completed is revised to South, Forest Service, USDA, P.O. Box Secretary of the Army. be November 1, 1999. 96090, Washington, DC 20090–6090, Telephone: (202) 205–1362. Dated: December 24, 1998. FOR FURTHER INFORMATION CONTACT: Gary Dated: April 20, 1999. Dan Glickman, W. Kell, Allegheny National Forest at Gloria Manning, Secretary of Agriculture. P.O. Box 847, Warren, PA 16365 or by Acting Deputy Chief, National Forest Systems. telephone at 814/723–5150. Exhibit A—Description of Corps of Department of the Army Engineers Lands Affected by Piney Dated: April 19, 1999. Department of Agriculture Creek Wilderness John E. Palmer, Forest Supervisor. Table Rock Lake, Missouri Acres of Corps of Engineers [FR Doc. 99–10575 Filed 4–27–99; 8:45 am] Joint Order Interchanging Administrative ownership in the following described Jurisdiction of Department of the Army sectional subdivisions and acres of BILLING CODE 3410±11±M Lands and National Forest Lands Corps of Engineers ownership within By virtue of the authority vested in the Piney Creek Wilderness to be conveyed Secretary of the Army and the Secretary of to the Mark Twain National Forest:

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COE acres to COE acres convey to COE seg- owned USFS ment map

Stone County, Missouri: T 23 N, R 24 W Sec. 19: SW1¤4 ...... 17.5 17.5 U Barry County, Missouri: T 23 N, R 25 W Sec. 24: SW NE, N1¤2 SE ...... 25.32 25.32 U

Acres over which the Corps of subdivisions and acres of flowage Wilderness to be conveyed to the Mark Engineers possesses a flowage easement easement within Piney Creek Twain National Forest: in the following described sectional

COE acres COE acres easement to COE seg- easement USFS ment map

Barry County, Missouri: T 23 N, R 25 W Sec. 24: N1¤2 SE, N1¤2 SW, S1¤2 NW, SW NE ...... 25.5 25.5 U

Total COE acres in fee ...... 42.82 Total COE acres of flow easement ...... 25.50

Total COE acres involved ...... 68.32

Exhibit C—Description of National subdivisions and acres of National Forest Lands Affected by Table Rock Forest ownership on or below the 936- Reservoir Project foot m.s.l. contour and within the Cow Acres of National Forest ownership in Creek Area to be conveyed to the Corps the following described sectional of Engineers:

N.F. acres N.F. acres to COE seg- owned convey to COE ment map

Stone County, Missouri: T 21 N, R 23 W Sec. 5: NW NW ...... 40.0 2.0 I T 22 N, R 23 W Sec. 1: E1¤2 Lot 1 & 2 NW, NW SW, NW SE ...... 159.33 18.9 B Sec. 5: W1¤2 LOT 2 NW ...... 38.54 2.6 G Sec. 6: NW1¤4 (north of James River), NW SE, N1¤2 SW (north of James River), plus 76.2 76.2 H all that part of the above sectional subdivisions lying above the 936-foot m.s.l. con- tour and described as exceptions in the attached Exchange Deed labeled McGuire, dated April 18, 1986 and filed for record in Book 181, at Page 1860, Stone County Recorder's Office. Sec. 12: W1¤2 NW, N1¤2 SW, SW SW, plus all that part of the above sectional subdivi- 48.4 48.4 B sions lying above the 936-foot m.s.l. contour and described as exceptions in the at- tached Exchange Deed labeled Plaster, dated April 17, 1990 and filed for record in Book 198, at Page 1629, Stone County Recorder's Office. Sec. 24: NE NE, S1¤2 NE ...... 120.0 17.0 D Sec. 25: NE NE, SW NE ...... 80.0 16.9 D Sec. 27: SW NW ...... 40.0 .1 E Sec. 31: SW NW, NW SW ...... 95.25 92.25 I T 23 N, R 23 W Sec. 19: Lot 1 NW, Lot 2 SW, N1¤2 Lot 1 SW, W1¤2 NE ...... 278.7 22.2 G Sec. 20: N1¤2 SE ...... 80.0 4.6 G Sec. 21: N1¤2 NW including that part of the NE NW lying above the 936 foot m.s.l. con- 80.0 3.2 G tour and south of Aunt's Creek. Sec. 32: SW SW ...... 40.0 2.5 G Sec. 34: SE1¤4, including that part of the SE1¤4 lying above the 936-foot m.s.l. contour 81.57 81.57 F and below the Corps of Engineers Management line, which is more particularly de- scribed in the attached legal description labeled Collins Ranch. Sec. 35: NW SW, including that part of the NW SW lying above the 936-foot m.s.l. .2 .2 F contour and below the Corps of Engineers Management line, which is more particu- larly described in the attached legal description labeled Collins Ranch. T 21 N, R 24 W Sec. 1: SW NW as described in the attached legal description labeled KK Kamps, 12.82 12.82 I which includes lands above and below the 936 foot m.s.l. contour. T 22 N, R 24 W Sec. 3: SW1¤4, SW SE ...... 200.0 28.9 S

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N.F. acres N.F. acres to COE seg- owned convey to COE ment map

Sec. 4: E1¤2 Lot 1 NE, W1¤2 Lot 2 NE, Lot 1 NW ...... 159.85 49.5 S Sec. 5: Lot 1 NE, Lot 2 NW ...... 162.41 10.2 S Sec. 6: S1¤2 Lots 1 & 2 SW ...... 80.39 3.0 CC Sec. 7: W1¤2 NE, S1¤2 Lot 1 NW, N1¤2 Lot 2 NW, S1¤2 Lot 1 SW, Lot 2 SW ...... 280.44 79.1 CC Sec. 8: S1¤2 NE, E1¤2 SE, SW NW ...... 200.0 64.0 S Sec. 9: N1¤2 SE SE, NW SW ...... 60.0 13.0 S Sec. 10: SE NE ...... 40.0 3.7 S Sec. 11: S1¤2 NW, SW NE ...... 120.0 15.5 S Sec. 15: NW SE, W1¤2 NW ...... 120.0 10.6 R Sec. 18: N1¤2 NE, SE NE ...... 120.0 50.8 CC Sec. 21: Lot 1 SE as described in the attached legal description labeled McFarlin, 20.67 20.67 R which includes lands above and below the 936 foot m.s.l. contour. Sec. 25: NE NE ...... 40.0 15.0 I Sec. 32: W1¤2 SE, SW1¤4, S1¤2 NW, W1¤2 NW NW ...... 340.0 72.4 DD Sec. 36: SE SE ...... 40.0 40.0 I T 23 N, R 24 W Sec. 20: NW NE, S1¤2 SE, NE SW ...... 160.0 16.7 U Sec. 23: NE NE, SW NE, NE SE, SE NW ...... 160.0 81.25 T Sec. 24: W1¤2 SE, SW1¤4 W1¤2 NW ...... 240.0 92.0 G 80.0 80.0 T Sec. 27: W1¤2 SE ...... 80.0 7.2 T Sec. 28: NE NE ...... 40.0 8.6 T Sec. 29: NE1¤4 ...... 158.0 50.0 U TotalÐStone County, other than Cow Creek block ...... 1213.56 Barry County, Missouri: T 21 N, R 25 W Sec. 13: Lot 1 ...... 7.56 7.56 GG T 22 N, R 25 W Sec. 1: W1¤2 SE, SE SW ...... 120.0 4.8 CC Sec. 12: SE1¤4 ...... 160.0 14.8 CC Sec. 13: NE NE, SW1¤4 ...... 127.7 15.4 CC T 21 N, R 26 W Sec. 29: NE NE ...... 40.0 2.1 MM T 22 N, R 26 W Sec. 26: SE SE ...... 40.0 3.8 JJ TotalÐBarry County ...... 48.46

Stone County Lands (Less Cow Creek) ...... 1213.56 Barry County Lands ...... 48.46

Grand Total (acres) ...... 1262.02

Description of National Forest Lands Within the Cow Creek Block

N.F. acres to be N.F. acres ac- conveyed to COE seg- quired COE ment map

Stone County, Missouri, Cow Creek: T 21 N, R 23 W Sec. 1: All except NW SW ...... 600.0 600.0 E Sec. 2: All except N1¤2 NE, NW NW, NE SE & except 1 square acre in the NE corner 479.0 479.0 E of the SW NE. Sec. 3: E1¤2 SE, S1¤2 NE, NW NE, NW NW ...... 240.0 240.0 E Sec. 4: NW NE ...... 40.0 40.0 Sec. 10: NE NE ...... 40.0 40.0 E Sec. 11: N1¤2 N1¤2 ...... 160.0 160.0 E Sec. 12: NE1¤4 north of 86, E1¤2 NW, NW NW ...... 276.0 276.0 E T 22 N, R 23 W Sec. 26: SW SW ...... 40.0 40.0 E Sec. 27: S1¤2 SW, part E1¤2 SE ...... 105.0 105.0 E Sec. 33: SE1¤4 except NW SE ...... 120.0 120.0 Sec. 34: All except SE SW, SW, SE, part E1¤2 SE ...... 523.19 523.19 E Sec. 35: NW1¤4, S1¤2 NE, E1¤2 SW ...... 320.0 320.0 E Sec. 36: S1¤2 & part SE NE ...... 351.6 351.6 E

TotalÐCow Creek ...... 3,294.79 3,294.79

[FR Doc. 99–10620 Filed 4–27–99; 8:45 am]

BILLING CODE 3410±11±M

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DEPARTMENT OF COMMERCE swimming. The lack of a protected to sand removal in order to reduce the swimming area and the proximity to level of fecal contamination in the pool National Oceanic and Atmospheric dangerous rip current conditions near waters and may submit a renewed Administration the breakwater opening have created application in the future. [I.D. 011999A] significant safety concerns. Dated: April 22, 1999. In addition to the restricted use and associated dangers due to sand Hilda Diaz-Soltero, Small Takes of Marine Mammals Director, Office of Protected Resources, Incidental to Specified Activities; La accretion, recreational use has been further compromised by a population of National Marine Fisheries Service. Jolla Children's Pool Beach [FR Doc. 99–10641 Filed 4–27–99; 8:45 am] Management and Water Quality Project harbor seals that regularly use the Children’s Pool area as a haul-out area. BILLING CODE 3510±22±F AGENCY: National Marine Fisheries Seal feces from the concentrated harbor Service (NMFS), National Oceanic and seal population have resulted in fecal Atmospheric Administration (NOAA), coliform bacteria counts that DEPARTMENT OF COMMERCE Commerce. significantly exceed State water quality National Oceanic and Atmospheric ACTION: Notice of withdrawal of a standards for bathing beaches and body Administration request for a small take exemption contact areas. DNA testing has authorization. confirmed the harbor seal population as [I.D. 042199G] the source of the bacterial SUMMARY: On April 8, 1999, NMFS was contamination. As a result, the Caribbean Fishery Management notified by the City of San Diego’s Park Children’s Pool has been determined Council; Public Meetings and Recreation Department that it was unsafe for human contact and has been AGENCY: National Marine Fisheries withdrawing its request for an closed to the public for all water contact Service (NMFS), National Oceanic and authorization under the Marine since September 4, 1997. Moreover, the Atmospheric Administration (NOAA), Mammal Protection Act (MMPA) to take presence of the large seal population Commerce. small numbers of Pacific harbor seals by attracts large numbers of non-bathing ACTION: Notice of public meetings. harassment incidental to excavating and observers to the beach area. This removing beach sand at the La Jolla interaction has raised additional safety SUMMARY: The Caribbean Fishery Children’s Pool, La Jolla, CA. concerns for both humans and the seals. Management Council (Council) will ADDRESSES: A copy of the application The La Jolla Children’s Pool Beach hold a series of fact-finding meetings in and/or the letter of withdrawal may be Management and Water Quality Project Puerto Rico and the U.S. Virgin Islands. obtained by writing to Donna Wieting, proposed to restore a safe swimming DATES: See SUPPLEMENTARY INFORMATION Acting Chief, Marine Mammal area and acceptable water quality to the for specific dates. Conservation Division, Office of pool by reducing the beach width. Out 3 3 ADDRESSES: See SUPPLEMENTARY Protected Resources, National Marine of 4,200 yd (3,213 m ) of sand in the 3 INFORMATION for specific locations. Fisheries Service, 1315 East-West pool area, approximately 3,000 yd (2,295 m3) was to have been excavated FOR FURTHER INFORMATION CONTACT: Highway, Silver Spring, MD 20910– Caribbean Fishery Management Council, 3225 or by telephoning one of the and removed to narrow the beach. The City of San Diego expected that, by 268 Munoz Rivera Avenue, Suite 1108, contacts listed in FOR FURTHER San Juan, PR 00918–2577, telephone: INFORMATION CONTACT. excavating and enlarging the area available for recreational swimming, it (787) 766–5926. FOR FURTHER INFORMATION CONTACT: would provide a safe region for the SUPPLEMENTARY INFORMATION: Kenneth Hollingshead, Office of public away from the dangerous rip Tuesday May 11, 1999 –- 7:00 p.m. to Protected Resources at 301–713–2055, currents, and, by reducing the area 10:00 p.m. or Joe Cordaro, Southwest Regional available for harbor seals, water quality Location: Conference Room, Office at 562–980–4017. levels are expected to return to former Legislature Building, Charlotte Amalie, SUPPLEMENTARY INFORMATION: On levels that were acceptable and safe for St. Thomas, U.S.V.I. December 28, 1998, NMFS received a human contact. Wednesday, May 12, 1999 –- 7:00 p.m. request from the City of San Diego for A notice of receipt of the application to 10:00 p.m. authorization under section 101(a)(5)(D) and proposed incidental harassment Location: Conference Room, of the MMPA (16 U.S.C. 1371(a)(5)(D)) authorization issued under the MMPA Legislature Building, St. John, U.S.V.I. to take small numbers of Pacific harbor was published on February 22, 1999 (64 Thursday, May 13, 1999 –- 7:00 p.m. seals (Phoca vitulina) and possibly 1 to FR 8548), and a 30-day public comment to 10:00 p.m. Location: Conference Room, Caravelle 2 California sea lions (Zalophus period was provided on the application Hotel, 44A Queen Cross Street, californianus) and northern elephant and proposed authorization. Several seals (Mirounga angustirostris) by Christinasted, St. Croix, U.S.V.I. comments were received during the Monday, May 17, 1999 –- 7:00 p.m. to harassment incidental to excavating and comment period. 3 3 10:00 p.m. removing 3,000 yd (2,295 m ) of beach Subsequent to the close of the Location: Refugio Las Marias, sand at the La Jolla Children’s Pool. The comment period, on April 8, 1999, Vieques, PR La Jolla Children’s Pool was constructed NMFS was notified by the Park and Tuesday, May 18, 1999 –- 1:00 p.m. to in 1931 to provide a sheltered Recreation Department that it was 4:00 p.m. swimming area for children in La Jolla. withdrawing its request for an Location: El Meson Criollo, Carr. 987, Over time, the beach behind the authorization under section 101(a)(5)(D) Km. 3.2, Fajardo, PR breakwater has gradually widened as of the MMPA to take small numbers of Tuesday May 18, 1999 –- 7:00 p.m. to sand has accumulated in the sheltered Pacific harbor seals by harassment 10:00 p.m. pool. By 1998, the shoreline had incidental to excavating and removing Location: Conference Room, Casa advanced to near the end of the beach sand at the La Jolla Children’s Alcaldia of Naguabo, Naguabo, PR breakwater, at the mouth of the pool, Pool, La Jolla, CA. The letter noted that Wednesday, May 19, 1999 –- 7:00 p.m. leaving very little area for recreational the City will be evaluating alternatives to 10:00 p.m.

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Location: Conference Room, Ponce Special Accommodations Groundfish Advisory Panel Joint Hilton Hotel, 1150 Ave. Caribe, Ponce, These meetings are physically Meeting PR accessible to people with disabilities. Location: Holiday Inn, One Newbury Street (Route 1 North), Peabody, MA Thursday, May 20, 1999 –- 1:00 p.m. For more information or request for sign 01960; telephone: (978) 535–4600. to 4:00 p.m. language interpretation and/other The committee and panel will review auxiliary aids, please contact Mr. Location: Conference Room, Villa draft proposals and analysis for Miguel A. Rolon, Executive Director, Parguera Hotel, 304 St., Km. 3.3, La Framework Adjustment 31 to the Carribbean Fishery Management Parguera, Lajas, PR Northeast Multispecies Fishery Council, 268 Munoz Rivera Avenue, Thursday, May 20, 1999 –- 7:00 p.m. Management Plan (FMP), and Suite 1108, San Juan, PR 00918–2577, to 10:00 p.m. recommend a preferred alternative for telephone: (787) 766–5926, at least 5 consideration by the Council at its Location: Conference Room, Joyuda days prior to the meeting date. Beach Hotel, Rd. 102, Bo. Joyuda, Cabo May 26–27 meeting. Framework Dated: April 22, 1999. Rojo, PR Adjustment 31 would modify the FMP Bruce C. Morehead, regulations pertaining to the Georges Friday, May 21, 1999 –- 6:00 p.m. to Acting Director, Office of Sustainable Bank cod fishery, including: a proposal 9:00 p.m. Fisheries, National Marine Fisheries Service. for vessels to take a 30-day block out of Location: Centro Comunal of Barrio [FR Doc. 99–10637 Filed 4–27–99; 8:45 am] the multispecies fishery during each Jarealito, Arecibo, PR BILLING CODE 3510±22±F quarter; reductions in the allowable The Caribbean Fishery Management number of hooks used by hook vessels Council will hold a series of fact finding and gillnets used by Day Gillnet meetings in Puerto Rico and the U.S. DEPARTMENT OF COMMERCE category vessels; increasing the Virgin Islanda to obtain input from minimum size of cod to 21 inches; and National Oceanic and Atmospheric eliminating the ‘‘running clock’’ fishery and the general public on Administration provision of the Gulf of Maine cod trip possible management measures limit program. The committee and panel proposed by, among others, Project Reef [I.D. 042199E] will also discuss and advise the Council Keeper and some concerned citizens. on issues and measures to be included The first of the proposed measures is the New England Fishery Management in a public hearing document for phasing out of fish traps in around ten Council; Public Meeting Amendment 13 to the FMP, including years. The idea here is to avoid the AGENCY: National Marine Fisheries but not limited to: management of the damage to the reef and fish species Service (NMFS), National Oceanic and recreational and party/charter fishery, when traps are deployed on top of reefs, Atmospheric Administration (NOAA), management policy and strategy for the and when these are lost continuing Commerce commercial fishery, action to rebuild all killing fish for a long time. The Council stocks in the fishery management unit has not taken a position on this or any ACTION: Notice of public meeting. as needed under new overfishing of the measures that are to be discussed SUMMARY: The New England Fishery definitions; managing fleet fishing at the meetings. The other two measures Management Council (Council) is capacity, including possible the Council need comments on are the scheduling a public meeting of its implementation of a two-tier permit banning of gill nets and the prohibition Groundfish Oversight Committee and system to address latent fishing permits; to use SCUBA gear to fish for queen Groundfish Advisory Panel in May, proposals for industry support systems conch, lobster and some reef fishes, the 1999 to consider actions affecting New involving scientific research and commercial and/or recreational England fisheries in the exclusive conservation engineering programs; fisheries. The proponents of these economic zone (EEZ). modification of the annual adjustment measures believe that the use of gill nets Recommendations from these groups schedule and possible change to the is jeopardizing the recovery of the will be brought to the full Council for fishing year; the use of electronic vessel already over-exploited resources. formal consideration and action, if monitoring systems (VMS); and other Furthermore, there is the notion that appropriate. issues that may be identified during the SCUBA is the main reason why the DATES: The meeting will be held on May scoping process. stocks of queen conch and lobster are so Although other issues not contained depleted. The Council wishes to find 11, 1999. See SUPPLEMENTARY INFORMATION for specific times. in this agenda may come before this more information on these important Council for discussion, in accordance ADDRESSES: The meeting will be held in and drastic measures before the with the Magnuson-Stevens Fishery Peabody, MA. See SUPPLEMENTARY preparation of an option paper that Conservation and Management Act, INFORMATION for specific locations. could initiate the process of those issues may not be the subject of development of amendments to the FOR FURTHER INFORMATION CONTACT: Paul formal Council action during this fishery management plans to ban any of J. Howard, Executive Director, New meeting. Council action will be these methods of fishing written England Fishery Management Council restricted to those issues specifically statements regarding agenda issues. (781) 231–0422. Requests for special listed in this notice. Although other issues not contained accommodations should be addressed to in this agenda may come before this the New England Fishery Management Special Accommodations Council for discussion, in accordance Council, 5 Broadway, Saugus, MA These meetings are physically with the Magnuson-Stevens Fishery 01906–1036; telephone: (781) 231–0422. accessible to people with disabilities. Conservation and Management Act, SUPPLEMENTARY INFORMATION: Requests for sign language those issues may not be the subject of interpretation or other auxiliary aids formal action during this meeting. Meeting Dates and Agenda should be directed to Paul J. Howard Action will be restricted to those issues Tuesday, May 11, 1999, 9:30 a.m.— (see ADDRESSES) at least five days prior specifically identified in this notice. Groundfish Oversight Committee and to the meeting dates.

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Dated: April 22, 1999. Location: Holiday Inn Boston Logan SUPPLEMENTARY INFORMATION: Although Bruce C. Morehead, Airport, 225 McClellan Highway, East other issues not contained in this Acting Director, Office of Sustainable Boston, MA 02128, telephone: (617) agenda may come before the Council for Fisheries, National Marine Fisheries Service. 569–5250; fax: (617) 561–0971 discussion, in accordance with the [FR Doc. 99–10636 Filed 4–27–99; 8:45 am] The committee will identify problems Magnuson-Stevens Fishery BILLING CODE 3510±22±F and issues to be addressed by Conservation and Management Act, Amendment 10 and evaluate research those issues may not be the subject of proposals that would utilize the scallop formal action during this meeting. DEPARTMENT OF COMMERCE TAC set-aside from Closed Area II. Action will be restricted to those issues Although other issues not contained specifically identified in this notice. National Oceanic and Atmospheric in this agenda may come before these Administration groups for discussion, in accordance Special Accommodations with the Magnuson-Stevens Fishery These meetings are physically [I.D. 042199F] Conservation and Management Act, accessible to people with disabilities. New England Fishery Management these issues may not be the subject of Requests for sign language Council; Public Meetings formal action during this meeting. interpretation or other auxiliary aids Action will be restricted to those issues should be directed to the Council office AGENCY: National Marine Fisheries specifically identified in this notice. (see ADDRESSES) by May 6, 1999. Service (NMFS), National Oceanic and Special Accommodations Dated: April 22, 1999. Atmospheric Administration (NOAA), Bruce C. Morehead, Commerce. These meetings are physically accessible to people with disabilities. Acting Director, Office of Sustainable ACTION: Notice of public meetings. Fisheries, National Marine Fisheries Service. Requests for sign language [FR Doc. 99–10640 Filed 4–27–99; 8:45 am] SUMMARY: The New England Fishery interpretation or other auxiliary aids Management Council (Council) is should be directed to Paul J. Howard BILLING CODE 3510±22±F scheduling a number of public meetings (see ADDRESSES) at least 5 days prior to the meeting dates. of its oversight committees and advisory DEPARTMENT OF COMMERCE panels in May, 1999 to consider actions Dated: April 22, 1999. affecting New England fisheries in the Bruce C. Morehead, National Oceanic and Atmospheric exclusive economic zone (EEZ). Acting Director, Office of Sustainable Administration Recommendations from these groups Fisheries, National Marine Fisheries Service. [I.D. 042199D] will be brought to the full Council for [FR Doc. 99–10638 Filed 4–27–99; 8:45 am] formal consideration and action, if BILLING CODE 3510±22±F Western Pacific Fishery Management appropriate. Council; Public Meeting DATES: The meetings will be held between May 13 and May 24, 1999. See DEPARTMENT OF COMMERCE AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION for specific Service (NMFS), National Oceanic and dates and times. National Oceanic and Atmospheric Atmospheric Administration (NOAA), Administration Commerce. ADDRESSES: Meetings will be held in Peabody and E. Boston, MA. See [I.D. 041699C] ACTION: Notice of public meeting. SUPPLEMENTARY INFORMATION for specific SUMMARY: The Western Pacific Fishery South Atlantic Fishery Management locations. Management Council’s (Council) Council; Public Meeting FOR FURTHER INFORMATION CONTACT: Paul Pelagics Plan Team (PPT) members will J. Howard, Executive Director, New AGENCY: National Marine Fisheries hold a meeting. England Fishery Management Council; Service (NMFS), National Oceanic and DATES: The meeting will be held May (781) 231–0422. Requests for special Atmospheric Administration (NOAA), 12–14, 1999, from 8:30 a.m. to 5:00 p.m. accommodations should be addressed to Commerce. each day. the New England Fishery Management ACTION: Notice of public meeting. ADDRESSES: The meeting will be held at Council, 5 Broadway, Saugus, MA the Council office. 01906–1036; telephone: (781) 231–0422. SUMMARY: The South Atlantic Fishery Council address: Western Pacific SUPPLEMENTARY INFORMATION: Management Council (Council) will Fishery Management Council, 1164 hold a meeting to coordinate with state Bishop St., Suite 1400, Honolulu, HI Meeting Dates and Agendas artificial reef program coordinators on 96813. the review and consideration of Thursday, May 13, 1999, 10:00 a.m.— FOR FURTHER INFORMATION CONTACT: establishing artificial reefs as marine Joint NEFMC/ASMFC Herring Advisors Kitty M. Simonds, Executive Director; fishery reserves, or ‘‘artificial refugia’’ in Committee Meeting telephone: 808–522–8220. the South Atlantic. Location: Holiday Inn, One Newbury SUPPLEMENTARY INFORMATION: The PPT DATES: The meeting will be held on May Street, Route 1, Peabody, MA 01960; meeting will discuss and may make 13, 1999 from 8:30 a.m. to 5:00 p.m. telephone: (978) 535–4600; fax: (978) recommendations to the Council on the 535–8238 ADDRESSES: The meeting will be held at following agenda items: Development of advisory panel the Florida Marine Research Institute, 1. Pelagic fisheries annual report recommendations on limited entry, 100 8th Avenue, SE, St. Petersburg, FL modules; controlled access, and recommendations 33701; telephone: 717-896-8626. 2. 1st quarter 1999 Hawaii and on the establishment of a control date FOR FURTHER INFORMATION CONTACT: American Samoa longline fishery report; for the Atlantic herring fishery; other Susan Buchanan, Public Information 3. Shark incidental catch in the business. Officer; telephone: (843) 571-4366; fax: Hawaii longline fishery, and issues Monday, May 24, 1999, 9:30 a.m.— (843) 769-4520; email: related to shark finning and commercial Scallop Committee Meeting. [email protected]. gears used to catch sharks;

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4. Status of Council and NMFS ACTION: Notice to amend a system of response to the survey; but after 90 projects concerning mitigation of records. days, the name and address are longline-seabird interactions in the permanently deleted so that the survey Hawaii longline fishery; SUMMARY: The Office of the Secretary of respondent cannot be identified.’ Defense proposes to amend a system of 5. Status of NMFS research on * * * * * bycatch of turtles in the Hawaii longline records notice in its inventory of record fishery, and issues relating to the systems subject to the Privacy Act of DHA 08 1974 (5 U.S.C. 552a), as amended. complaint filed against NMFS SYSTEM NAME: concerning the current biological DATES: The amendment will be effective Health Affairs Survey Data Base. opinion for turtles and compliance with on May 28, 1999, unless comments are National Environmental Protection Act received that would result in a contrary SYSTEM LOCATION: determination. requirements; Primary location: Directorate of ADDRESSES: Send comments to OSD 6. Marine debris: sources and impacts Information Management, Fort Detrick, Privacy Act Coordinator, Records on habitat and protected species; MD 21702–5020. Management Division, Washington 7. Status of the area closure for large Secondary locations: Survey Headquarters Services, 1155 Defense pelagic fishing vessels around the distribution and response tracking files Pentagon, Washington, DC 20301–1155. islands of American Samoa, and area are located at the contractor facilities. FOR FURTHER INFORMATION CONTACT: Mr. closures for other island areas in the Survey result data files are located at David Bosworth at (703) 588–0159. Western Pacific; the Office of the Assistant Secretary of SUPPLEMENTARY INFORMATION: The Office 8. Progress of the Multi-lateral High Defense (Health Affairs), the of the Secretary of Defense notices for Level Conference process to implement Commanders and Intermediate systems of records subject to the Privacy a management convention for tunas in Commanders of the Services Medical Act of 1974 (5 U.S.C. 552a), as amended, the Central-West Pacific; Treatment Facilities, the Surgeons have been published in the Federal 9. Fisheries data issues including General of the Military Services and Register and are available from the recreational fishery reporting and Regional Managers of TRICARE address above. formation of a recreational fisheries data facilities. The addresses for the The proposed amendments are not task force; secondary locations may be obtained within the purview of subsection (r) of 10. Review of Pelagics Advisory Panel from the Deputy Assistant Secretary of the Privacy Act (5 U.S.C. 552a), as recommendations; Defense (Health Budgets and Programs), amended, which would require the 11. Status report on High Seas Fishing Five Skyline Place, Suite 810, 5111 submission of a new or altered system Compliance Act licensing of Hawaii- Leesburg Pike, Falls Church, VA 22041– report for each system. The specific based longline vessels; 3206. changes to the record system being 12. Review of Council program plan; amended are set forth below followed CATEGORIES OF INDIVIDUALS COVERED BY THE 13. Other business as required. by the notice, as amended, published in SYSTEM: Although other issues not contained its entirety. Annual Beneficiary Survey: in this agenda may come before this Dated: April 22, 1999. Team for discussion, in accordance with Individuals eligible for health care under Title 10 (including active duty the Magnuson-Stevens Fishery L. M. Bynum, Conservation and Management Act, personnel, reserve personnel and their Alternate OSD Federal Register Liaison family members (dependents); retired those issues may not the subject of Officer, Department of Defense. formal discussion during this meeting. Armed Forces personnel and their Action will be restricted to those issues DHA 08 family members; surviving dependents specifically listed in this notice. of deceased active duty and retired SYSTEM NAME: personnel; and certain others including Special Accommodations Health Affairs Survey Data Base (April individuals and their dependents This meeting is physically accessible 12, 1999, 64 FR 17627). affiliated with the U.S. Coast Guard, U.S. Public Health Service and the to people with disabilities. Requests for CHANGE: sign language interpretation or other National Oceanic and Atmospheric auxiliary aids should be directed to * * * * * Administration. Customer Satisfaction Survey: Active Kitty M. Simonds, 808–522–8220 RETRIEVABILITY: duty members of the Armed Forces, (voice) or 808–522–8226 (fax), at least 5 Delete the first paragraph under days prior to meeting date. civilian personnel, and contract Annual Beneficiary Survey: and replace personnel serving as health care Dated: April 22, 1999. with ‘1. Beneficiary Records: Records of providers for individuals eligible for Bruce C. Morehead, beneficiaries who have or have not health care under Title 10 in military Acting Director, Office of Sustainable responded to the survey may be medical and dental treatment facilities Fisheries, National Marine Fisheries Service. retrieved by patient identifiers such as and other treatment settings. [FR Doc. 99–10639 Filed 4–27–99; 8:45 am] name, address, sponsor Social Security CATEGORIES OF RECORDS IN THE SYSTEM: BILLING CODE 3510±22±F Number, family member prefix code, and demographic categories such as age, Annual Beneficiary Survey: Name, sex, military rank group (officer/ rank, age, gender, race, address, sponsor enlisted/civilian).’ Social Security Number and family DEPARTMENT OF DEFENSE Delete the first paragraph under member prefix code of individuals who Customer Satisfaction Survey: and will be surveyed; verification that a Office of the Secretary replace with ’1. Beneficiary Records: survey has been completed and returned Privacy Act of 1974; System of Records of beneficiaries who have been by the individual; and response data Records mailed a survey may be retrieved by from the completed surveys. name and address for purposes of Customer Satisfaction Survey: AGENCY: Office of the Secretary, DoD. initiating follow-up contacts to obtain a Medical and dental care provider name,

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Hard copy surveys are destroyed after Secretaries of Defense; 10 U.S.C. 1071 the information contained in survey (NOTE); 10 U.S.C. Chapter 55; and E.O. POLICIES AND PRACTICES FOR STORING, responses is entered into a computer 9397 (SSN). RETRIEVING, ACCESSING, RETAINING, AND system. DISPOSING OF RECORDS IN THE SYSTEM: Annual Beneficiary Survey: Data files PURPOSE(S): STORAGE: with beneficiary specifics and results Annual Beneficiary Survey: The Electronic records stored on magnetic will be retained until an appraisal and survey collects information concerning and/or optical media. schedule is obtained from the National beneficiary attitudes, perceptions, and Archives and Records Administration. opinions about their individual health RETRIEVABILITY: Customer Satisfaction Survey: Data and health care (including access to Annual Beneficiary Survey: files with results and provider specifics care, health status, use of care, 1. Beneficiary Records: Records of will be retained until an appraisal and familiarity with programs and services beneficiaries who have or have not schedule is obtained from the National available, and satisfaction with care responded to the survey may be Archives and Records Administration. received) in order to assess, plan, retrieved by patient identifiers such as SYSTEM MANAGER(S) AND ADDRESS: evaluate, and improve quality, name, address, sponsor Social Security efficiency, convenience and cost Number, family member prefix code, Deputy Assistant Secretary of Defense effectiveness of health care services. and demographic categories such as age, (Health Budgets and Programs), Five This process includes analyses of sex, military rank group (officer/ Skyline Place, Suite 810, 5111 Leesburg information related to special interest enlisted/civilian). Pike, Falls Church, VA 22041–3206. health care subjects, including health 2. Response Records: Survey data is NOTIFICATION PROCEDURE: status, in order to validate current and/ normally retrieved using demographic Individuals seeking to determine or forecast future health care needs or to or other non-personalized elements. whether this system contains implement plans in response to new 3. The beneficiary and response information about themselves should health care requirements. Retaining records contain a randomly generated address written inquiries to the Deputy beneficiary specifics allows for code which permits the identification of Assistant Secretary of Defense (Health individual follow-up to improve the survey respondent. Budgets and Programs)/Program Review response rates; scientific analysis of the Customer Satisfaction Survey: and Evaluation, Five Skyline Place, data; and to validate survey responses 1. Beneficiary Records: Records of Suite 810, 5111 Leesburg Pike, Falls by comparing responses to independent beneficiaries who have been mailed a Church, VA 22041–3206. sources of data. survey may be retrieved by name and Annual Beneficiary Survey: A Customer Satisfaction Survey: The address for purposes of initiating beneficiary should provide full name, survey collects information concerning follow-up contacts to obtain a response sponsor’s Social Security Number, beneficiary attitudes, perceptions, and to the survey; but after 90 days, the family member prefix, and current opinions about health care provided name and address are permanently address and telephone number of the during specific visits (including access deleted so that the survey respondent individual. to care, quality of care, satisfaction with cannot be identified. Customer Satisfaction Survey: A how care was delivered, satisfaction 2. Response Records: Records of care health care provider should provide with the specific care provider, and providers who furnished care at a name, current address, telephone satisfaction with care received) in order specific facility/clinic may be retrieved number, and name of the medical to assess, plan, evaluate, and improve only by the facility/clinic commander facility and clinic should be supplied. quality, efficiency, convenience and by name, rank (if military), provider cost effectiveness of health care type (e.g., physician, clinical nurse, etc.) RECORD ACCESS PROCEDURES: services. This process includes analyses and specialty (e.g., pediatrician. Individuals seeking access to records of information related to special interest about themselves contained in this SAFEGUARDS: health care subjects, including health system should address written inquiries status, in order to validate current and/ Media at the primary location are to the Deputy Assistant Secretary of or forecast future health care needs or to stored in a locked cage in a controlled Defense (Health Budgets and Programs), implement plans in response to new access area when not in use; when Five Skyline Place, Suite 810, 5111 health care requirements. Specific care maintained at the contract location, Leesburg Pike, Falls Church, VA 22041– provider information is analyzed in media are stored in cabinets or storage 3206. order to alert medical authorities to areas when not being used and are Annual Beneficiary Survey: A potential problem areas where placed in a locked container or space beneficiary should provide full name, additional educational and corrective within a building that is secured after sponsor’s Social Security Number, measures may be required in order to hours. Result data that includes patient family member prefix, and current improve customer satisfaction. or provider identification is maintained address and telephone number of the in locked storage cabinets or locked individual. ROUTINE USES OF RECORDS MAINTAINED IN THE areas in buildings that are secured after Customer Satisfaction Survey: A SYSTEM, INCLUDING CATEGORIES OF USERS AND hours. Only authorized personnel who health care provider should provide THE PURPOSE OF SUCH USES: have received Privacy Act training are name, current address, telephone In addition to those disclosures permitted access to information in the number, and name of the medical generally permitted under 5 U.S.C. system. facility and clinic should be supplied.

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CONTESTING RECORD PROCEDURES: amended, published in its entirety. The CATEGORIES OF RECORDS IN THE SYSTEM: The OSD rules for accessing records proposed amendments are not within Designating Army postal clerks/ and for contesting contents and the purview of subsection (r) of the NCO’s/supervisors/orderlies (DD Form appealing initial agency determinations Privacy Act of 1974, (5 U.S.C. 552a), as 285); locator cards (DA Form 3955) are contained in OSD Administrative amended, which requires the comprising a directory of individuals Instruction 81; 32 CFR part 311; or may submission of a new or altered system assigned, en route, and/or departing be obtained from the system manager. report. given installation, showing individual’s Dated: April 22, 1999. full name, grade, current mailing RECORD SOURCE CATEGORIES: address, date of assignment/detachment, Sources include Services medical and L.M. Bynum, and Social Security Number. dental treatment facilities and facilities Alternate OSD Federal Register Liaison contracted by DoD to perform medical Officer, Department of Defense. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: care for Military members, former 10 U.S.C. 3013, Secretary of the Army; members and dependents. Survey A0065 TAPC DoD 4525.6-M, DoD Postal Manual; and information is provided by the SYSTEM NAME: E.O. 9397 (SSN). individual patient or a parent or guardian of the individual patient. Postal and Mail Service System PURPOSE(S): Demographic information that may be (February 22, 1993, 58 FR 10002). To designate persons authorized to perform Army postal functions; to related to the patient is provided by the CHANGES: Defense Enrollment Eligibility Reporting maintain current addresses of persons * * * * * System (DEERS), the Ambulatory Data arriving/departing units for the purpose System (ADS), and the Composite CATEGORIES OF INDIVIDUALS COVERED BY THE of handling personal mail. SYSTEM: Health Care System (CHCS). ROUTINE USES OF RECORDS MAINTAINED IN THE EXEMPTIONS CLAIMED FOR THE SYSTEM: After ‘military’ add ‘and civilian’. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: None. * * * * * In addition to those disclosures [FR Doc. 99–10572 Filed 4–27–99; 8:45 am] STORAGE: generally permitted under 5 U.S.C. BILLING CODE 5001±10±F Delete entry and replace with ‘Paper 552a(b) of the Privacy Act, these records records, microfiche and electronic or information contained therein may storage media.’ DEPARTMENT OF DEFENSE specifically be disclosed outside the * * * * * DoD as a routine use pursuant to 5 Department of the Army U.S.C. 552a(b)(3) as follows: SAFEGUARDS: Information may be disclosed to the Privacy Act of 1974; System of Delete entry and replace with U.S. Postal Service. Records ‘Records are located in secured The ‘Blanket Routine Uses’ set forth at buildings, accessible only to designated the beginning of the Army’s compilation AGENCY: Department of the Army, DoD. persons having an official need for the of systems of records notices also apply ACTION: Notice to amend system of information. Electronic information is to this system. records. password controlled.’ POLICIES AND PRACTICES FOR STORING, SUMMARY: The Department of the Army * * * * * RETRIEVING, ACCESSING, RETAINING, AND is amending a system of records notice DISPOSING OF RECORDS IN THE SYSTEM SYSTEM MANAGER(S) AND ADDRESS: : in its existing inventory of record STORAGE: systems subject to the Privacy Act of Delete entry and replace with 1974, (5 U.S.C. 552a), as amended. ‘Commander, U.S. Total Army Paper records, microfiche and DATES: This proposed action will be Personnel Command, ATTN: TAPC- electronic storage media. PDO-IP, Army Postal Officer, 200 effective without further notice on May RETRIEVABILITY: 28, 1999, unless comments are received Stovall Street, Alexandria, VA 22332– By individual’s surname and/or which result in a contrary 0474.’ Social Security Number. determination. * * * * * ADDRESSES: Privacy Act Officer, Records A0065 TAPC SAFEGUARDS: Management Program Division, Army Records are located in secured Records Management and SYSTEM NAME: buildings, accessible only to designated Declassification Agency, ATTN: TAPC- Postal and Mail Service System. persons having an official need for the PDD-RP, Stop C55, Ft. Belvoir, VA information. Electronic information is 22060–5576. SYSTEM LOCATION: password controlled. FOR FURTHER INFORMATION CONTACT: Ms. Postal facilities at Army headquarters Janice Thornton at (703) 806–4390 or offices, commands, and installations. RETENTION AND DISPOSAL: DSN 656–4390. Official mailing addresses are published Documents designating postal SUPPLEMENTARY INFORMATION: The as an appendix to the Army’s personnel are destroyed two years from Department of the Army systems of compilation of systems of records the termination/revocation date of records notices subject to the Privacy notices. designation. Directory locator cards (DA Act of 1974, (5 U.S.C. 552a), as Form 3955) are retained for 12 months amended, have been published in the CATEGORIES OF INDIVIDUALS COVERED BY THE after member’s departure from unit and Federal Register and are available from SYSTEM: then destroyed. the address above. Persons designated as postal clerks; The specific changes to the record military and civilian personnel SYSTEM MANAGER(S) AND ADDRESS: system being amended are set forth assigned/attached to Army installations Commander, U.S. Total Army below followed by the notice, as who require mail handling service. Personnel Command, ATTN: TAPC-

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PDO-IP, Army Postal Officer, 200 Policy Branch, Chief of Naval PURPOSE(S): Stovall Street, Alexandria, VA 22332– Operations (N09P30), 2000 Navy Delete entry and replace with ‘To 0474. Pentagon, Washington, DC 20350–2000. maintain background information on MSC Masters and Chief Engineers. The NOTIFICATION PROCEDURE: FOR FURTHER INFORMATION CONTACT: Mrs. electronic version of the biographical Individuals seeking to determine Doris Lama at (202) 685–6545 or DSN 325–6545. data (MSC 12330/8) is completed after whether information about themselves selection. The information is used to is contained in this system should SUPPLEMENTARY INFORMATION: The Department of the Navy’s record system identify location and provide address written inquiries to the biographical information on Masters Installation Postal Director at the unit notices for records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), and Chief Engineers to the promotion where assigned or employed. board, media and internal requests for Individual should provide the full as amended, have been published in the information prior to public appearances, name, Social Security Number, current Federal Register and are available from press releases, or courtesy calls to MSC address, and signature to assist in the address above. ships by MSC personnel and members locating the records. The Department of the Navy proposes of other organizations or commands. to amend 13 systems of records notices RECORD ACCESS PROCEDURES: in its inventory of record systems * * * * * Individuals seeking access to subject to the Privacy Act of 1974 (5 SAFEGUARDS: information about themselves contained U.S.C. 552a), as amended. The changes Delete entry and replace with ‘The in this system should address written to the systems of records are not within biographical data is maintained in areas inquiries to the Installation Postal the purview of subsection (r) of the accessible to authorized personnel only. Director at the unit where assigned or Privacy Act of 1974 (5 U.S.C. 552a), as The Afloat Personnel Management employed. amended, which requires the Center is physically located at Camp Individual should provide the full submission of new or altered systems Pendleton, Virginia. Access to buildings name, Social Security Number, current reports. The records systems being on this state military reservation is by address, and signature to assist in amended are set forth below, as clearance of 24-hour security guards.’ locating the records amended, published in their entirety. Personal visits may be made; RETENTION AND DISPOSAL: individual must furnish proof of Dated: April 22, 1999. identity. L.M. Bynum, Delete entry and replace with ‘The Alternate OSD Federal Register Liaison biographical data on Masters and Chief CONTESTING RECORD PROCEDURES: Officer, Department of Defense. Engineers is updated annually. The Army’s rules for accessing Outdated files are destroyed when records, and for contesting contents and N01001±5 updated information is received and the appealing initial agency determinations entire file is destroyed immediately SYSTEM NAME: are contained in Army Regulation 340– upon the Masters or Chief Engineers 21; 32 CFR part 505; or may be obtained MSC Masters and Chief Engineers separation or retirement from the from the system manager. Date File (February 22, 1993, 58 FR Command.’ 10694). RECORD SOURCE CATEGORIES: SYSTEM MANAGER(S) AND ADDRESS: From the individual, unit CHANGES: Delete entry and replace with commanders and Army postal officers. * * * * * ‘Director, Afloat Personnel Management Center, Military Sealift Command, P.O. EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM NAME: Box 120, Virginia Beach, VA 23458– None. Delete entry and replace with ‘MSC 0120.’ [FR Doc. 99–10571 Filed 4–27–99; 8:45 am] Masters/Chief Engineers Biographical * * * * * BILLING CODE 5001±10±F Data File.’ N01001±5 SYSTEM LOCATION: DEPARTMENT OF DEFENSE Delete entry and replace with ‘Afloat SYSTEM NAME: Personnel Management Center, Military MSC Masters/Chief Engineers Department of the Navy Sealift Command, P.O. Box 120, Biographical Data File. Virginia Beach, VA 23458–0120.’ Privacy Act of 1974; System of SYSTEM LOCATION: * * * * * Records Notice Military Sealift Command, AGENCY: Department of the Navy, DoD. CATEGORIES OF RECORDS IN THE SYSTEM: Washington Navy Yard, Building 210, 901 M Street, SE, Washington, DC ACTION: Notice to amend records Delete entry and replace with 20398–5540. systems. ‘Biographical and professional information containing name, date and CATEGORIES OF INDIVIDUALS COVERED BY THE SUMMARY: The Department of the Navy place of birth, home address and phone SYSTEM: proposes to amend 12 systems of numbers, education, training for sea, MSC Masters and Chief Engineers records notices in its inventory of record maritime licenses held, military aboard civil service manned ships. systems subject to the Privacy Act of experience, shore employment, 1974 (5 U.S.C. 552a), as amended. commercial shipboard status, spouse’s CATEGORIES OF RECORDS IN THE SYSTEM: DATES: The amendments will be name, number of children and their Biographical and professional effective on May 28, 1999, unless names and ages, highlights of merchant information containing name, data and comments are received that would marine career, special skills and place of birth, home address and phone result in a contrary determination. accomplishments, hobbies, special number, education, training for sea, ADDRESSES: Send comments to the interests, community activities and maritime licenses held, military Department of the Navy, PA/FOIA association membership.’ experience, shore employment,

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Official AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Individuals seeking to determine whether this system of records mailing addresses are published as an 5 U.S.C. 301, Department Regulations. contained information about themselves appendix to the Navy’s compilation of PURPOSE(S): should address written inquiries to the systems of records notices. Director, Afloat Personnel Management To maintain background information CATEGORIES OF INDIVIDUALS COVERED BY THE on MSC Masters and Chief Engineers. Center, Military Sealift Command, PO SYSTEM: The electronic version of the Box 120, Virginia Beach, VA 23458– Name, rank, Social Security Number, biographical data (MSC 12330/8) is 0120. room and telephone number, completed after selection. The Written requests should contain full membership care number and dates information is used to identify location name of the individual, military grade purchased. and provide biographical information or rate, and date of birth. For personal on Masters and Chief Engineers to the visits, the individual should be able to CATEGORIES OF RECORDS IN THE SYSTEM: promotion board, media and internal provide some acceptable means of This record lists the names, internal requests for information prior to public identification. codes, room and telephone numbers of appearances, press releases, or courtesy each membership card and dates calls to MSC ships by MSC personnel RECORD ACCESS PROCEDURES: purchased. and members of other organizations or Individuals seeking access to records AUTHORITY FOR MAINTENANCE OF THE SYSTEM: about themselves contained in this commands. 5 U.S.C. 301, Department Regulations system of records should address and E.O. 9397 (SSN). ROUTINE USES OF RECORDS MAINTAINED IN THE written inquiries to the Director, Afloat SYSTEM, INCLUDING CATEGORIES OF USERS AND Personnel Management Center, Military PURPOSE(S): THE PURPOSES OF SUCH USES: Sealift Command, PO Box 120, Virginia To indicate income from sale of In addition to those disclosures Beach, VA 23458–0120. membership cards; to provide an audit generally permitted under 5 U.S.C. Written requests should contain full trial for the auditors; and to confirm 552a(b) of the Privacy Act, these records name of the individual, military grade memberships, upon request. or information contained therein may or rate, and date of birth. For personal specifically be disclosed outside the visits, the individual should be able to ROUTINE USES OF RECORDS MAINTAINED IN THE DoD as a routine used pursuant to 5 SYSTEM, INCLUDING CATEGORIES OF USERS AND provide some acceptable means of THE PURPOSES OF SUCH USES: U.S.C. 552a(b)(3) as follows: identification. The ‘Blanket Routine Uses’ that In addition to those disclosures appear at the beginning of the Navy’s CONTESTING RECORD PROCEDURES: generally permitted under 5 U.S.C. compilation of systems notices apply to 552a(b) of the Privacy Act, these records The Navy’s rules for accessing records this system. or information contained therein may and contesting contents and appealing specifically be disclosed outside the POLICIES AND PRACTICES FOR STORING, initial agency determinations are DoD as a routine use pursuant to 5 RETRIEVING, ACCESSING, RETAINING, AND published in Secretary of the Navy U.S.C. 552a(b)(3) as follows: DISPOSING OF RECORDS IN THE SYSTEM: Instruction 5211.5; 32 CFR part 701; or STORAGE: may be obtained from the system POLICIES AND PRACTICES FOR STORING, manager. RETRIEVING, ACCESSING, RETAINING, AND Paper and computerized records. DISPOSING OF RECORDS IN THE SYSTEM: RETRIEVABILITY: RECORD SOURCE CATEGORIES: STORAGE: Name. Individual. File folders, card files, magnetic tape, personal computer. SAFEGUARDS: EXEMPTIONS CLAIMED FOR THE SYSTEM: The biographical data is maintained None. RETRIEVABILITY: in areas accessible to authorized Name, Social Security Number, Case personnel only. The Afloat Personnel N01710±1 number, organization. Management Center is physically SYSTEM NAME: SAFEGUARDS: located at Camp Pendleton, Virginia. Password control system, file, and Access to buildings on this state Recreation Association Membership element access based on predefined military reservation is by clearance of Files (September 9, 1996, 61 FR 47483). need-to-know. Physical access is 24-hour security guards. CHANGES: controlled by locked terminals and RETENTION AND DISPOSAL: * * * * * rooms, guards, personnel screening and The biographical data on Masters and visitor control. SYSTEM MANAGER(S) AND ADDRESS: Chief Engineers is updated annually. RETENTION AND DISPOSAL; Outdated files are destroyed when Delete first paragraph and replace with ‘Policy Official: Commander, Navy Records are destroyed one year after updated information is received and the individual terminates membership. entire file is destroyed immediately Personnel Command (NPC–658), 5720 upon the Masters or Chief Engineers Integrity Drive, Millington, TN 38055– SYSTEM MANAGER(S) AND ADDRESS: separation or retirement from the 6580.’ Policy Official: Commander, Navy Command. * * * * * Personnel Command (NPC–658), 5720

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Integrity Drive, Millington, TN 38055– CATEGORIES OF INDIVIDUALS COVERED BY THE office space in which the file cabinets 6580. SYSTEM: are located is locked outside official System Manager: Commanding officer All Navy personnel serving on active working hours. Automated records are of the activity in question. Official duty or in the Ready Reserve who are password protected. mailing addresses are published as an single parents of members of dual appendix to the Navy’s compilation of military couples, that have custodial RETENTION AND DISPOSAL: systems of records notices. responsibility (i.e., housing, medical, Records are maintained by the logistical, financial, food, clothing, commanding officer or his designated NOTIFICATION PROCEDURE: transportation, etc.) for family members representative for the period the Individuals seeking to determine or other dependents. individual is assigned to the whether information about themselves organization. Records are updated CATEGORIES OF RECORDS IN THE SYSTEM: is contained in this system should annually or when family circumstances address written inquiries to the Family Care Plan package which or other personal status changes. File Commanding officer of the activity in includes NAVPERS 1740.6—Family follows member with each new question. Official mailing addresses are Care Plan Certificate, NAVPERS assignment. Once affiliation with the published as an appendix to the Navy’s 1740.7—Family Care Plan Navy is complete, record is destroyed. Arrangements, Family Care Plan compilation of systems of records SYSTEM MANAGER(S) AND ADDRESS: notices. Checklist, copies of powers of attorney, legal documents, allotment information, Policy Official: Chief of Naval RECORD ACCESS PROCEDURES: financial information, counseling forms, Personnel, Bureau of Naval Personnel Individuals seeking access to etc. (Pers-2WW), 2 Navy Annex, Washington, DC 20370–5001. information about themselves contained AUTHORITY FOR MAINTENANCE OF THE SYSTEM: in this system should address written Record Holder: Commanding officer 5 U.S.C. 301, Departmental or designated representative of the naval inquiries to the Commanding officer of Regulations, E.O. 9397 (SSN), the activity in question. Official mailing activity where assigned. Official mailing OPNAVINST 1740.4A, U.S. Navy addresses are published as an appendix addresses are published as an appendix Family Care Policy. to the Navy’s compilation of systems of to the Navy’s compilation of systems of records notices. records notices. PURPOSE(S): To ensure family members are cared NOTIFICATION PROCEDURE: CONTESTING RECORD PROCEDURES: for during deployments, reserve Individuals seeking to determine The Navy’s rules for accessing mobilizations, temporary duty, etc. and whether this system of records contains records, and for contesting contents and that arrangements are in place for the information about themselves should appealing initial agency determinations financial well-being of family members address written inquiries to the are published in Secretary of the Nary covered by the Family Care Plan during Commanding Officer of the activity Instruction 5211.5; 32CFR part 701; or separations. where assigned. may be obtained from the system Utilized by command financial Request should include full name, manager. specialists, Family Service Centers, Social Security Number, and dates Child Development Programs, and legal RECORD SOURCE CATEGORIES: assigned at that activity. assistance offices for providing guidance Individual. and assistance. RECORD ACCESS PROCEDURES: Individuals seeking access to records EXEMPTIONS CLAIMED FOR THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE about themselves contained in this None. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: system of records should address written inquiries to the Commanding N01740±1 In addition to those disclosures Officer of the activity where assigned. generally permitted under 5 U.S.C. SYSTEM NAME: 552a(b) of the Privacy Act, these records Request should include full name, Family Dependent Care Program or information contained therein may Social Security Number, and dates (February 10, 1997, 62 FR 5963). specifically be disclosed outside the assigned at that activity. DoD as a routine use pursuant to 5 CONTESTING RECORD PROCEDURES: CHANGES: U.S.C. 552a(b)(3) as follows: * * * * * The Navy’s rules for accessing The ‘Blanket Routine Uses’ that records, and contesting contents, and appear at the beginning of the Navy’s PURPOSE: appealing initial agency determinations compilation of systems of records are published in Secretary of the Navy In paragraph 2, line 2, after ‘Centers,’ notices apply to this system. add ‘Child Development Programs,’. Instruction 5211.5; 32 CFR part 701; or may be obtained from the system * * * * * POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND manager. N01740±1 DISPOSING OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: STORAGE: SYSTEM NAME: The individual. Paper and automated records. Family Dependent Care Program. EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVABILITY: SYSTEM LOCATION: None. Name and Social Security Number. Organizational elements of the N01752±1 Department of the Navy. Official SAFEGUARDS: mailing addresses are published as an Files are maintained in file cabinets SYSTEM NAME: appendix to the Navy’s compilation of under the control of authorized Family Advocacy Program System systems of records notices. personnel during working hours; the (December 5, 1997, 62 FR 64367).

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CHANGES: (a) Victim’s file consists of risk generated correspondence; Command’s * * * * * assessment which includes the Case disposition and recommendation following forms: incident report, approval letter; original copy of DD PURPOSE(S): eligibility decision, demographics, Form 2486 and other relevant Delete paragraph 2. In paragraph 10, safety assessment, safety response, risk supporting data generated by the FAP line 2, delete ‘non-identifying’ and in focused assessment reports (DOMAINS staff that is specific to the victim. line 3, delete ‘data tapes’. I, II, IV, V, VI, VII), risk assessment (b) Offender’s file consists of client’s * * * * * matrix, risk assessment summary, risk fact sheet (demographics); Privacy Act assessment findings, intervention plan, Statement signed by offender; Limits of RETRIEVABILITY: and Case Review Committee Privacy Statement signed by offender; In paragraph 3, line one, after ‘by’ add presentation; video/audio tapes of initial assessment; CRC Case ‘Social Security Number or’. contact with victim; case notes about Assessment; audio/video tapes of * * * * * victim; Family Advocacy Program contacts with offender; case notes on generated correspondence regarding collateral contacts regarding offender; RETENTION AND DISPOSAL: abuse or neglect of victim; Original copy case notes; CRC case status Replace paragraph 2 with ‘Navy of DD Form 2486; Privacy Act Statement determination; CRC generated Central Registry data base is retained signed by victim; contacts with children correspondence; Command’s Case permanently at the Navy Personnel who are not victims of abuse or neglect, disposition and recommendation Command (NPC–661), 5720 Integrity and other supporting data assembled approval letter; copy of DD Form 2486 Drive, Millington, TN 38055–6610.’ relevant to the abuse or neglect and and other relevant supporting data * * * * * generated by FAP staff that are specific generated by the FAP staff that is to the victim. specific to the offender. N01752±1 (b) Offender’s file consists of (c) Documentation generated outside SYSTEM NAME: assessment with offender; of the Family Advocacy Program (Naval demographics; video-audio tapes of Family Advocacy Program System. Criminal Investigative Service reports; contacts with offender; case notes on local police reports; Base Security SYSTEM LOCATION: contacts with offender; case notes about Incident Complaint Reports; psychiatric Navy Case Files: Family Service offender; risk focused assessment report and substance abuse evaluations; Center, Family Advocacy Center, and/or DOMAIN III (alleged offender treatment reports; copies of pertinent Medical Treatment Facilities at the local characteristics); Family Advocacy medical entries; Child Protective naval activity that services the local Program (FAP) generated Service reports; shelter reports; beneficiaries. Official mailing addresses correspondence regarding offender; photographs; correspondence generated for naval activities are published as an Privacy Act Statement signed by outside the family advocacy Program; appendix to the Department of the offender; and other supporting data and other supporting data assembled Navy’s compilation of systems of assembled relevant to the abuse or relevant to the abuse or neglect and records notices. neglect and generated by the FAP staff generated outside the FAP that are Marine Corps Family Advocacy that are specific to the offender. specific to either the victim(s) or Program Records: Marine Corps (c) Documentation generated outside offender(s) (e.g., Military Protective of the Family Advocacy Program (Naval installations with a Family Service Orders, barring letters, and civilian Criminal Investigative Service reports; Center. Official mailing addresses are temporary restraining orders) are local police reports; Base Security published as an appendix to the maintained in a separate folder and are Incident Complaint Reports; psychiatric Department of the Navy’s compilation of retrieved by case number. and substance abuse evaluations; records notices. Both the Navy and Marine Corps treatment reports; copies of pertinent Navy Central Registry: Navy Central Registries contain data elements medical entries; Child Protective Personnel Command (NPC–661), 5720 extracted from DD 2486, Child/Spouse Service reports; shelter reports; Integrity Drive, Milington, TN 38055– Abuse Incident Report. photographs; correspondence generated 6610. outside the Family Advocacy Program; AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Marine Corps Central Registry: and other supporting data assembled Commandant of the Marine Corps; 5 U.S.C. 301, Departmental relevant to the abuse or neglect and Head, Family Advocacy Program (MHF– Regulations; DoD Directive 6400.1, generated outside the FAP that are 25), Headquarters, U.S. Marine Corps, 2 6400.1–M, 6400.2; Secretary of the Navy specific to either the victim(s) or Navy Annex, Washington, DC 20380– Instruction 1752.3A; OPNAVINST offender(s) (e.g., Military Protective 1775. 1752.2A; BUMEDINST 6302.22; and Orders, barring letters, and civilian MCO 1752.3B (FAP SOP); and E.O. 9397 CATEGORIES OF INDIVIDUALS COVERED BY THE temporary restraining orders) are (SSN). SYSTEM: maintained in a separate folder and are All beneficiaries entitled to care at retrieved by case number. PURPOSE(S): Navy medical and dental facilities Marine Corps Program Family To collect information pertaining to whose abuse or neglect is brought to the Advocacy Program Files: the identification, prevention, attention of appropriate authorities. (a) Victim’s file consists of client’s evaluation, intervention, treatment and All beneficiaries reported for abusing fact sheet (demographics); Privacy Act rehabilitation of beneficiaries involved or neglecting such victims. Statement signed by victim; Limits of in abuse or neglect. Victims/offenders not associated with Privacy Statement signed by victim; To provide pertinent case-related the Department of the Navy and who are initial assessment; CRC Case information to DoD and DON officials, not generally entitled to care at Navy Assessment with risk assessment; other than Commanding Officers, medical and dental facilities. audio/video tapes of contact with responsible for specific case victim; safety plan; notes on collateral interventions in abuse and/or neglect CATEGORIES OF RECORDS IN THE SYSTEM: contacts about victim; case notes; CRC incidents (e.g., clinical counselors Navy Family Advocacy Case Files: case status determination; CRC providing counseling/treatment to

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While records may be personnel providing medical treatment state, and local governments and maintained in various kinds of filing to victims and/or offenders). agencies when required by law and/or equipment, specific emphasis is given to To provide specific data on assessed regulation in furtherance of local ensuring that the equipment areas are risk, safety needs, case status, and communicable disease control, family monitored or have controlled access. recommended actions to commanding abuse prevention programs, preventive Access to records of information or the officers of FAP involved service medicine and safety programs, and central registry is limited to those members. other public health and welfare officials who have been properly To provide case specific information programs. screened and trained and/or have a need to headquarters personnel for necessary To officials and employees of local to know consistent with the purpose for review and oversight. and state governments and agencies in which the information was collected. Purposes of the Central Registries: To the performance of their official duties The threshold for ‘need to know’ is support local FAP case management to relating to professional certification, strictly limited to those officials who are include tracking of individuals, licensing, and accreditation of health responsible for the identification, identification of prior FAP involvement, care providers. prevention, evaluation, intervention, and monitoring of caseloads. To law enforcement officials to treatment and rehabilitation of To support FAP budget and staffing protect the life and welfare of third beneficiaries involved in abuse or requirements and policy changes. parties. This release will be limited to neglect. Also pertinent information is To support the Navy Personnel necessary information. Consultation limited to DoD and DON officials Command flagging and assignment with the hospital or regional judge responsible for intervening in abuse control process for FAP involved service advocate is advised. and/or neglect incidents. members. The ‘Blanket Routine Uses’ that Information maintained on a To provide information in support of appear at the beginning of the Navy’s computer requires password protection. the ‘Installation Records Check (IRC)’ compilation of systems notices also Computer terminals are located in required by OPNAVINST 1700.9D for apply to this system. supervised areas with access controlled screening applicants for any position Note: Records of identity, diagnosis, system. which involves the care and/or prognosis or treatment of any patient which Family Advocacy Program Staff will supervision of children. are maintained in connection with the ensure that the in-take assessment and To provide the Defense Manpower performance of any program or activity clinical notes are not duplicated and Data Center (DMDC) with data from the relating to substance abuse education, placed in both the victim and alleged prevention, training, treatment, Navy Central Registry. offender’s files. To support FAP research efforts. rehabilitation, or research, which is conducted, regulated, or directly or indirectly To respond to public and/or other RETENTION AND DISPOSAL: government agencies’ requests for assisted by any department or agency of the United States shall, except as provided in 42 Family Advocacy Program case aggregate data. U.S.C. 290dd-2, be confidential and be records are maintained at the activity 4 ROUTINE USES OF RECORDS MAINTAINED IN THE disclosed only for the purposes and under years after the last entry in the file. If SYSTEM, INCLUDING CATEGORIES OF USERS AND the circumstances expressly authorized in 42 there is no subsequent activity 4 years THE PURPOSES OF SUCH USES: U.S.C. 290dd-2. These statutes take after closure, the records are transferred precedence over the Privacy Act of 1974 in to the National Personnel Records In addition to those disclosures regard to accessibility of such records except generally permitted under 5 U.S.C. to the individual to whom the record Center, 9600 Page Boulevard, St. Louis, 552a(b) of the Privacy Act, these records pertains. The ‘Blanket Routine Uses’ do not MO 63132–5100, where they are or information contained therein may apply to these types of records. retained for 50 years and then specifically be disclosed outside the destroyed. POLICIES AND PRACTICES FOR STORING, DoD as a routine use pursuant to 5 Navy Central Registry data base is RETRIEVING, ACCESSING, RETAINING, AND retained permanently at the Navy U.S.C. 552a(b)(3) as follows: DISPOSING OF RECORDS IN THE SYSTEM: To the Executive Branch of Personnel Command (NPC–661), 5720 government in the performance of their STORAGE: Integrity Drive, Millington, TN 38055– official duties relating to the Records may be stored in file folders, 6610. coordination of family advocacy microfilm, magnetic tape, machine lists, Marine Corps Central Registry data is programs, medical care, and research discs, and other computerized or retained permanently by the concerning family member abuse or machine readable media. Commandant of the Maine Corps (MHF– neglect. RETRIEVABILITY: 20), Headquarters. U.S. Marine Corps, 2 To federal, state or local government Navy Annex, Washington, DC 20380– Victim’s file is retrieved by name of agencies when it is deemed 1775. victim, case number, their Social appropriated to utilize civilian Security Number, and/or year of resources in the counseling and SYSTEM MANAGER(S) AND ADDRESS: incident. Navy Central Registry: Commander, treatment of individuals or families Alleged offender’s file is retrieved by Navy Personnel Command (NPC–661), involved in abuse or neglect or when it alleged offender’s name, case number, 5720 Integrity Drive, Millington, TN is deemed appropriate or necessary to their Social Security Number and/or 38055–6610. refer a case to civilian authorities for year of incident. civil or criminal law enforcement. Central registry data is retrieved by Marine Corps Central Registry: data is To contractors, private and public Social Security Number or any retained permanently by the individuals/organizations for authorized identifying data element on the DD Commandant of the Maine Corps (MHF– health research in the interest of the Form 2486. 25), Headquarters. U.S. Marine Corps, 2 federal government and the public. Navy Annex, Washington, DC 20380– When not considered necessary, client SAFEGUARDS: 1775. identification data shall be eliminated These files are highly sensitive and Navy Centralized Child Sexual Abuse from records used for research studies. must be protected form unauthorized Case Files: Chief of Naval Personnel

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(Pers-661), 2 Navy Annex, Washington, are published in Secretary of the Navy N01754±1 DC 20370–6610. Instruction 5211.5; 32 CFR part 701; or may be obtained from the system SYSTEM NAME: NOTIFICATION PROCEDURE: manager. Navy Family Support Clinical Individuals seeking to determine Counseling Records. whether this system of records contains RECORD SOURCE CATEGORIES: information in the case files about Victim; offender; other DoD SYSTEM LOCATION: themselves should address written component Central Registries; medical Navy Family Service Centers, Navy inquiries to the commanding officer of and dental records; educational Family Advocacy Centers/Departments the naval activity from which they institutions; medical facilities; private located at various Navy and Marine received treatment. Official mailing practitioners; law enforcement agencies; Corps activities. Official mailing addresses are published as an appendix public and private health and welfare addresses are published as an appendix to the Navy’s compilation of systems of agencies, and witnesses. to the Navy’s compilation of systems of records. records notices. Request should contain the full name EXEMPTIONS CLAIMED FOR THE SYSTEM: and Social Security Number of the Investigatory material compiled for CATEGORIES OF INDIVIDUALS COVERED BY THE individual, and/or year of the incident. law enforcement purposes may be SYSTEM: Individuals seeking to determine exempt pursuant to 5 U.S.C. 552a(k)(2). whether this system of records contains Military service members and their However, if an individual is denied any dependents, retirees and their information in the Navy Central Registry right, privilege, or benefit for which he about themselves shall address written dependents, and spouses of POW’s and would otherwise be entitled by Federal MIA’s and their eligible dependents. In inquiries for Navy case to the law or for which he would otherwise be Commander, Navy Personnel Command certain overseas locations and certain eligible, as a result of the maintenance remote CONUS locations, civilian DOD (NPC–661), 5720 Integrity Drive, of such information, the individual will Millington, TN 38055–6610. overseas employees may be eligible for be provided access to such information services. For the Marine Corps Central Registry except to the extent that disclosure address written inquiries to the would reveal the identity of a CATEGORIES OF RECORDS IN THE SYSTEM: Commandant of the Maine Corps (MHF– confidential source. 25), Headquarters. U.S. Marine Corps, 2 Clinical Counseling Records and/or Investigatory material compiled solely Navy Annex, Washington, DC 20380– Family in Need of Services (FINS) for the purpose of determining 1775. Counseling Records. File could contain suitability, eligibility, or qualifications Requests should contain the full name personal information such as name, for federal civilian employment, and Social Security Number of the Social Security Number, case number, military service, federal contracts, or individual. home address, telephone number, access to classified information may be marriage counseling information, exempt pursuant to 5 U.S.C. 552a(k)(5), RECORD ACCESS PROCEDURE: parent-child relationship information, but only to the extent that such material Individuals seeking to access records family relations, financial data, would reveal the identity of a about themselves in the case files developmental disability information, confidential source. should address written inquiries to the and Quality of Life Management commanding officer of the naval activity An exemption rule for this system has Information System (QDLMISNET) form which they received treatment. been promulgated in the accordance Network. Official mailing addresses are published with requirements of 5 U.S.C. 553(b)(1), as an appendix to the Navy’s (2), and (3), (c) and (e) and published in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 32 CFR part 701, subpart G. For compilation of systems of records. 5 U.S.C. 301, Department Regulations additional information contact the Requests should contain the full name and E.O. 9397 (SSN). and Social Security Number of the system manager. individual, and/or year of an incident. N01754±1 PURPOSE(S): Individuals seeking to access information from the Navy Central The Family Service Centers (FSC) SYSTEM NAME: offer information, conduct referral Registry about themselves shall address Navy Family Support Clinical written inquiries for Navy Central services, and directly deliver services Counseling Records. (April 24, 1997, 62 for a wide array of personal and family Registry to the Commander, Navy FR 19994). Personnel Command (NPC–661), 5720 matters, counseling, assistance and crisis intervention to those eligible. Integrity Drive, Millington, TN 38055– CHANGES: 6610. * * * * * ROUTINE USES OF RECORDS MAINTAINED IN THE For the Marine Corps Central Registry SYSTEM, INCLUDING CATEGORIES OF USERS AND address written inquiries to the CATEGORIES OF RECORDS IN THE SYSTEM: THE PURPOSES OF SUCH USES: Commandant of the Maine Corps (MHF– Replace ‘(QOLMIS–66)’ with In addition to those disclosures 25), Headquarters. U.S. Marine Corps, 2 ‘(QDLMISNET) Network.’ Navy Annex, Washington, DC 20380– generally permitted under 5 U.S.C. 1775. * * * * * 552a(b) of the Privacy Act, these records or information contained therein may Requests should contain the full name STORAGE: and Social Security Number of the specifically be disclosed outside the individual. Delete entry and replace with ‘File DoD as a routine use pursuant to 5 folders, microfilm, magnetic tapes, U.S.C. 552a(b)(3) as follows: CONTESTING RECORD PROCEDURES: machine lists, discs, and other The ‘Blanket Routine Uses’ that The Navy’s rules for accessing computerized or machine readable appear at the beginning of the Navy’s records, and for contesting contents and media.’ compilation of systems of records appealing initial agency determinations * * * * * notices apply to this system.

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POLICIES AND PRACTICES FOR STORING, Individuals should provide proof of SYSTEM LOCATION: RETRIEVING, ACCESSING, RETAINING, AND identity, full name, rank, Social Security Navy Family Service Centers located DISPOSING OF RECORDS IN THE SYSTEM: Number, dates of counseling, etc. at various Naval and Marine Corps STORAGE: activities. Official mailing addresses are RECORD ACCESS PROCEDURES: File folders, microfilm, magnetic published as an appendix to the Navy’s tapes, machine lists, discs, and other Individuals seeking access to compilation of systems of records computerized of machine readable information about themselves contained notices. media. in this system should address written inquiries to the commanding officer of CATEGORIES OF INDIVIDUALS COVERED BY THE RETRIEVABILITY: the naval activity from which they were SYSTEM: Name and FSC/Family Advocacy seen for counseling. Official mailing Any person who volunteers to assist Program generated number. addresses are published as an appendix at one of the Navy/USMC Family to the Department of the Navy’s Service Centers (FSC). SAFEGUARDS: compilation of systems of records CATEGORIES OF RECORDS IN THE SYSTEM: Access is limited to professional FSC notices. staff and as delegated by the FSC Marine Corps individuals seeking File contains information such as Director at each location on a need-to- access to information about themselves name, home address, home telephone know basis. Paper records are stored in contained in this system should address number, date of birth, age and number locked file cabinets. Automated records written inquiries for FSC files to the of children, experience, education, may be controlled by limiting physical Commandant of the Marine Corps professional qualifications, interests, access to data entry terminals or use of (MHF), Headquarters, U.S. Marine hobbies, assignments at the FSC, and passwords. Access to computer Corps, 2 Navy Annex, Washington, DC any other information essential for information, and tape and disc storage, 20380–0001. placing the volunteer in the most is strictly controlled. Work areas are Individuals should provide proof of appropriate position at the FSC. sought-controlled during normal identity, full name, rank, Social Security AUTHORITY FOR MAINTENANCE OF THE SYSTEM: working hours. Building access is Number, dates of counseling, etc. controlled and doors are locked during 5 U.S.C. 301, Departmental non-duty hours. CONTESTING RECORD PROCEDURES: Regulations and 10 U.S.C. 1588. The Navy’s rules for accessing PURPOSE(S): RETENTION AND DISPOSAL: records, and for contesting contents and Paper records are retained for two To supervise the performance of appealing initial agency determinations individuals who have volunteered to years and then destroyed. Automated are published in Secretary of the Navy records are maintained for five years, assist in the Navy and Marine Corps Instruction 5211.5; 32 CFR part 701; or Family Service Center Program. then tapes/discs are erased. may be obtained from the system manager. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM MANAGER(S) AND ADDRESS: SYSTEM, INCLUDING CATEGORIES OF USERS AND Policy Official: Commander, Navy RECORD SOURCE CATEGORIES: THE PURPOSES OF SUCH USES: Personnel Command (NPC–661), 5720 Information is normally obtained In addition to those disclosures Integrity Drive, Millington, TN 38055– directly from the individual applying generally permitted under 5 U.S.C. 6610. for counseling/assistance, however, 552a(b) of the Privacy Act, these records Record Holder for FSC and/or FINS there may be instances when the FSC/ or information contained therein may Cases: Commanding officers of Family Advocacy Program counselor specifically by disclosed outside the installations with Navy Family Service obtains information from mental health DoD as a routine use pursuant to 5 Centers or Navy Family Advocacy officials. U.S.C. 552a(b)(3) as follows: Centers/Departments. Official mailing The ‘Blanket Routine Uses’ that EXEMPTIONS CLAIMED FOR THE SYSTEM: addresses are published as an appendix appear at the beginning of the Navy’s to the Department of the Navy’s None. compilation of systems of records compilation of systems of records notices apply to this system. notices. N01754±2 SYSTEM NAME: POLICIES AND PRACTICES FOR STORING, NOTIFICATION PROCEDURE: RETRIEVING, ACCESSING, RETAINING, AND Individuals seeking to determine Navy/USMC Family Service Centers DISPOSING OF RECORDS IN THE SYSTEM: Volunteers (April 24, 1997, 62 FR whether information about themselves STORAGE: is contained in this system should 19994). Paper records in file folders. address written inquiries to the CHANGES: commanding officer of the naval activity * * * * * RETRIEVABILITY: from which they were seen for By name or skill of volunteer. counseling. Official mailing addresses SYSTEM MANAGER(S) AND ADDRESS: are published as an appendix to the Delete entry and replace with SAFEGUARDS: Department of the Navy’s compilation of ‘Commander, Navy Personnel Command Records are maintained in monitored systems of records notices. (NPC–661), 5720 Integrity Drive, or controlled areas accessible only to Marine Corps individuals seeking to Millington, TN 38055–6610.’ authorized personnel that are properly determine whether information about * * * * * cleared and trained. Building/rooms themselves is contained in this system locked outside regular working hours. should address written inquiries for FSC N01754±2 files to the Commandant of the Marine RENTENTION AND DISPOSAL: Corps (MHF), Headquarters, U.S. Marine SYSTEM NAME: Records are retained for 3 years from Corps, 2 Navy Annex, Washington, DC Navy/USMC Family Service Centers the date the individual departs from the 20380–0001. Volunteers. Center, and then destroyed.

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SYSTEM MANAGERS(S) AND ADDRESS: to the Department of the Navy’s POLICIES AND PRACTICES FOR STORING, Commander, Navy Personnel compilation of systems of records RETRIEVING, ACCESSING, RETAINING, AND Command (NPC–661), 5720 Integrity notices. DISPOSING OF RECORDS IN THE SYSTEM: Drive, Millington, TN 38055–6610. STORAGE: CATEGORIES OF INDIVIDUALS COVERED BY THE Paper and automated records. NOTIFICATION PROCEDURE: SYSTEM: Individuals seeks to determine Navy and Marine Corps service RETRIEVABILITY: whether information about themselves members and their families or By last name of member and Social is contained in this system should dependents. In certain locations, DOD Security Number. address written inquiries to the Naval or civilian employees may be eligible for Marine Corps activity concerned. services. SAFEGUARDS: Records are maintained in monitored Individuals should provide proof of CATEGORIES OF RECORDS IN THE SYSTEM: identity, full name, dates of volunteer or controlled areas accessible only to Name; Social Security Number; case service, etc. authorized personnel. Building or rooms number; home address and telephone are locked outside regular working RECORD ACCESS PROCEDURES: number; insurance coverage; names of hours. Computer files are protected by Individuals seeking access to parents and children; performance software programs that are password information about themselves contained rating; complaints; background protected. in this system should address written information, including medical, inquiries to the Naval or Marine Corps educational references, and prior work RETENTION AND DISPOSAL: activity concerned. Individuals should experience, information from the Naval Records are kept for two years after provide proof of identity, full name, Criminal Investigative Service (NCIS), individual is no longer in the Child dates of volunteer service, etc. the family advocacy program, base Development Program and then security, and state and local agencies; destroyed. CONTESTING RECORD PROCEDURES information related to screening, The Navy’s rules for accessing training, and implementation of the SYSTEM MANAGER(S) AND ADDRESS: records, and for contesting contents and Family Child Care program; and reports Policy Official: Commander, Navy appealing initial agency determinations of fire, safety, housing, and Personnel Command (NPC–659), 5720 are published in Secretary of the Navy environmental health inspections. Integrity Drive, Millington, TN 38055– Instruction 5211.5 32 CFR part 701; or Children’s records will also include 6590. may be obtained from the system developmental profiles. Record Holder: Navy Child manager. Development or Family Service Centers AUTHORITY FOR MAINTENANCE OF THE SYSTEM: located at various Navy and Marine RECORD SOURCE CATEGORIES: 5 U.S.C. 301, Departmental Corps activities both in CONUS and Information is obtained and Regulations; 10 U.S.C. 5013, Secretary overseas. Official mailing addresses of periodically updated directly from the of the Navy; and E.O. 9397 (SSN). Navy and Marine Corps activities are volunteer FSC employee. published as an appendix to the PURPOSE(S): Department of the Navy’s compilation of EXEMPTIONS CLAIMED FOR THE SYSTEM: To develop child care programs that systems of records notices. None. meet the needs of children and families, provide child and family program NOTIFICATION PROCEDURES: N01754±3 eligibility and background information; Individuals seeking to determine SYSTEM NAME: verify health status of children and whether information about themselves Navy Child Development Services verify immunizations, note special is contained in this system should Program (October 15, 1997, 62 FR program requirements; consent for address written inquiries to the 53604). access to emergency medical care; data appropriate Navy or Marine Corps required by USDA programs. activity concerned. Official mailing CHANGES: addresses are published as an appendix ROUTINE USES OF RECORDS MAINTAINED IN THE to the Navy’s compilation of systems of * * * * * SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: records notices. SYSTEM MANAGERS(S) AND ADDRESS: Individuals should provide proof of Delete paragraph 1, and replace with In addition to those disclosures identity and full name. ‘Policy Official: Commander, Navy generally permitted under 5 U.S.C. Personnel Command (NPC–659), 5720 552a(b) of the Privacy Act, these records RECORD ACCESS PROCEDURES: Integrity Drive, Millington, TN 38055– or information contained herein may Individuals seeking access to 6590.’ specially be disclosed outside the DoD information about themselves contained as a routine use pursuant to 5 U.S.C. * * * * * in this system should address written 552a(b)(3) as follows: N01754±3 inquiries to the appropriate Navy or To Federal officials involved in Child Marine Corps activity concerned. SYSTEM NAME: Care Services, including child abuse for Official mailing addresses are published Navy Child Development Services the purpose of investigation and as an appendix to the Navy’s Program. litigation. compilation of systems of records To State and local officials involved notices. SYSTEM LOCATION: with Child Care Services if required in Individuals should provide proof of Navy Child Development or Family the performance of their official duties identity and full name. Service Centers located at various Navy relating to investigations. and Marine Corps activities both in The ‘Blanket Route Uses’ that appear CONTESTING RECORD PROCEDURES: CONUS and overseas. Official mailing at the beginning of the Navy’s The Navy’s rules for accessing addresses of Navy and Marine Corps compilation of systems of records records, and for contesting contents and activities are published as an appendix notices apply to this system. appealing initial agency determinations

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To officials and employees of the from individuals either applying as Delete entry and replace with Department of Veterans Affairs and the child care providers or participant of the ‘Commander, Navy Personnel Command Selective Service Administration in Family Child Care program; background (NPC–06), 5720 Integrity Drive, connection with eligibility, notification checks from State and local authorities; Millington, TN 38055–0600.’ and assistance in obtaining benefits due. housing officers; information from the * * * * * To officials of other federal, state, and Family Advocacy program; base security N01770±2 local government agencies in officers and base fire, safety and health connection with eligibility, notification officers; and local family child care SYSTEM NAME: and assistance in obtaining benefits due. monitors and parents of children Casualty Information Support System. The ‘Blanket Routine Uses’ that enrolled. appear at the beginning of the Navy’s SYSTEM LOCATION: compilation of systems notices apply to EXEMPTIONS CLAIMED FOR THE SYSTEM: Primary System-Navy Personnel this system. Investigatory material compiled for Command (NPC–06), 5720 Integrity POLICIES AND PRACTICES FOR STORING, law enforcement purposes may be Drive, Millington, TN 38055–0600; the RETRIEVING, ACCESSING, RETAINING, AND exempt pursuant to 5 U.S.C. 552a(k)(2). local activity for which individual is DISPOSING OF RECORDS IN THE SYSTEM: However, if an individual is denied any assigned; and the Washington National right, privilege, or benefit for which he Records Center, Suitland, MD. Official STORAGE: would otherwise be entitled by Federal mailing addresses are published as an Automated records may be stored on law or for which he would otherwise be appendix to the Navy’s compilation of media. Manual records may be stored in eligible, as a result of the maintenance system of record notices. paper files, microfiche or microfilm. of such information, the individual will RETRIEVABILITY: be provided access to such information CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Records may be retrieved by name except to the extent that disclosure and/or Social Security Number. would reveal the identity of a All Navy military personnel who are confidential source. reported missing, Missing in Action, SAFEGUARDS: Prisoner of War or otherwise detained An exemption rule for this system has Computer files are accessible only to by armed force; deceased in either an been promulgated in accordance with authorized persons that are properly active or inactive duty status; reported requirements of 5 U.S.C. 553(b)(1), (2), screened, trained and cleared. seriously ill/injured in an active duty and (3), (c) and (e) and published in 32 Manual records and computer status. CFR part 701, subpart G. For additional printouts are available only to information contact the system manager. CATEGORIES OF RECORDS IN THE SYSTEM: authorized personnel having a need-to- know. N01770±2 Correspondence, reports, and records in both automated and nonautomated RETENTION AND DISPOSAL: SYSTEM NAME: form concerning circumstances of Records are maintained for seven casualty, next-of-kin data, survivor years and then destroyed. Casualty Information Support System benefit information, personal and (February 22, 1993, 58 FR 10725). service data, and casualty program data. SYSTEM MANAGER(S) AND ADDRESS: Chief of Naval Personnel (PERS 06), CHANGES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Bureau of Naval Personnel, 2 Navy * * * * * 5 U.S.C. 301, Departmental Annex, Washington, DC 20370–5001. Regulations; OPNAVINST 1770.1, NOTIFICATION AND PROCEDURE: SYSTEM LOCATION: Casualty Assistance Calls and Funeral Individuals seeking to determine Delete entry and replace with Honors Support Program Coordination; whether this system of records contains ‘Primary System-Navy Personnel and E.O. 9397 (SSN). information about themselves should Command (NPC–06), 5720 Integrity PURPOSE(S): address written inquiries to the Drive, Millington, TN 38055–0600; the Commander, Navy Personnel Command local activity for which individual is To assist in the management of the (NPC–06), 5720 Integrity Drive, assigned; and the Washington National casualty assistance program and to Millington, TN 38055–0600; or to the Records Center, Suiteland, MD. Official provide swift accurate responses to local activity where assigned. Official mailing addresses are published as an beneficiaries and survivors of Navy mailing addresses are published as an appendix to the Navy’s compilation of military personnel; to aid in the efficient appendix to the Navy’s compilation of system of record notices.’ settlement of the service member’s estate and other affairs. system of records notices. CATEGORIES OF INDIVIDUALS COVERED BY THE The letter should contain full name, ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM Social Security Number (and/or enlisted SYSTEM, INCLUDING CATEGORIES OF USERS AND service number/officer file number), In line 5, after the word ‘reported’ THE PURPOSES OF SUCH USES: rank/rate, military status, date of delete the remainder of the entry and In addition to those disclosures casualty and status at time of casualty, replace with ‘seriously ill/injured in an generally permitted under 5 U.S.C. and signature of the requester. active duty status.’ 552a(b) of the Privacy Act, these records The individual may visit the * * * * * or information contained therein may Commander, Navy Personnel Command

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(NPC–06), 5720 Integrity Drive, N03834±1 Management by Federal Agencies; E.O. Millington, TN 38055–0600 for 9397 (SSN); and E.O. 12958, Classified SYSTEM NAME: assistance with records located in that National Security Information. building; or the individual may visit the Special Intelligence Personnel Access local activity for access to locally File (March 2, 1994, 59 FR 9965). PURPOSE(S): maintained records. Proof of CHANGES: To permit continuing evaluation of an individual’s eligibility for access to identification will consist of Military * * * * * Identification Card for persons having Special Intelligence information. such cards, or other picture-bearing PURPOSE(S): This information may be provided to identification. In paragraph 1, line 1, delete ‘a the Department of Defense and all its determination’ and replace with components to certify Sensitive RECORD ACCESS PROCEDURES: ‘continuing evaluation of an’. In Compartmented Information (SCI) Individuals seeking access to records paragraph 2, lines 3 and 4, delete access status of naval personnel. about themselves contained in this ‘Special Compartmented Intelligence’ ROUTINE USES OF RECORDS MAINTAINED IN THE system of records should address and replace with ‘Sensitive SYSTEM, INCLUDING CATEGORIES OF USERS AND written inquiries to the Commander, Compartmented Information’. THE PURPOSES OF SUCH USES: Navy Personnel Command (NPC–06), * * * * * 5720 Integrity Drive, Millington, TN In addition to those disclosures 38055–0600, or to the local activity SAFEGUARDS: generally permitted under 5 U.S.C. where assigned. Official mailing Delete entry and replace with ‘Access 552a(b) of the Privacy Act, these records addresses are published as an appendix provided on a need-to-know basis only. or information contained therein may to the Navy’s compilation of system of Manual records are maintained in specifically be disclosed outside the record notices. locked file cabinets under the control of DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The letter should contain full name, authorized personnel during working To officials and employees of the Social Security Number (and/or enlisted hours. The office space in which the file Central Intelligence Agency, the Federal service number/officer file number), cabinets are located is in a locked, Bureau of Investigation, the National rank/rate, military status, date of limited access room.’ Security Agency, the Department of casualty and status at time of casualty, * * * * * Energy, the Department of Treasury, and and signature of the requester. N03834±1 to any other federal agency in the The individual may visit the performance of their official duties, to Commander, Navy Personnel Command SYSTEM NAME: certify SCI access status of Naval (NPC–06), 5720 Integrity Drive, Special Intelligence Personnel Access personnel. Millington, TN 38055–0600, for File. The ‘‘Blanket Routine Uses’ that assistance with records located in that appear at the beginning of the Navy’s building; or the individual may visit the SYSTEM LOCATION: compilation of systems of records local activity for access to locally Office of Naval Intelligence, National notices also apply to this system. maintained records. Proof of Maritime Intelligence Center, ATTN: identification will consist of Military ONI–OCB2, 4251 Suitland Road, POLICIES AND PRACTICES FOR STORING, Identification Card for persons having Washington, DC 20395–5720. RETRIEVING, ACCESSING, RETAINING, AND such cards, or other picture-bearing DISPOSING OF RECORDS IN THE SYSTEM: CATEGORIES OF INDIVIDUALS COVERED BY THE identification. SYSTEM: STORAGE: CONTESTING RECORD PROCEDURES: All civilian and military personnel of Active files consist of paper and The Navy’s rules for accessing the Department of the Navy and computerized records. Inactive files are records, and for contesting contents and contractors and consultants of the retained on microfiche and optical appealing initial agency determinations Department of the Navy. storage. are published in Secretary of the Navy CATEGORIES OF RECORDS IN THE SYSTEM: RETRIEVABILITY: Instruction 5211.5; 32 CFR part 701; or Records pertaining to the eligibility of Name and Social Security Number. may be obtained from the system Department of the Navy personnel manager. (civilian, military, contractor and SAFEGUARDS: consultant) to the be granted access to Access provided on a need-to-know RECORD SOURCE CATEGORIES: Special Intelligence which include basis only. Manual records are Officials and employees of the documents of nomination, personal maintained in locked file cabinets under Department of the Navy, Department of history statements, background the control of authorized personnel Defense, Public Health Service, investigation date and character, during working hours. The office space Department of Veterans Affairs and narrative memoranda of background in which the file cabinets are located is components, in performance of their investigation, eligibility documents for in a locked, limited access room. official duties as specified by current access to special intelligence, proof of instructions and regulations indoctrination and debriefings as RETENTION AND DISPOSAL: promulgated by competent authority; applicable and record of hazardous Records are retained indefinitely. casualty reports may also be received activity restrictions assigned. Inactive files are retained on microfiche. from state and local agencies, hospitals and other agencies having knowledge of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: casualties to Navy personnel; general National Security Act of 1947, as Commander, Office of Naval correspondence concerning member. amended; 5 U.S.C. 301, Departmental Intelligence, National Maritime Regulations; 10 U.S.C. 503, Department Intelligence Center, ATTN: ONI–OCB2, EXEMPTIONS CLAIMED FOR THE SYSTEM: of the Navy; 10 U.S.C. 6011, Navy 4251 Suitland Road, Washington, DC None. Regulations; 44 U.S.C. 3101, Records 20395–5720.

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NOTIFICATION PROCEDURE: CHANGES: To provide results of these studies to Individuals seeking to determine * * * * * * all echelons within the Navy and whether this system of records contains Marine Corps having responsibility for SYSTEM NAME: information about themselves should jump operations, parachute training, address written inquiries to the Delete ‘Scheduled’. and allocation of resources to and Commander, Office of Naval * * * * * within the parachute jump program. Intelligence, National Maritime To provide, upon request, an annual CATEGORIES OF INDIVIDUALS COVERED BY THE summary of jump activity by parachute Intelligence Center, ATTN: ONI–OCB2, SYSTEM: 4251 Suitland Road, Washington, DC type to each reporting individual for Delete entry and replace with ‘All 20395–5720. his/her verification and personnel Navy and Marine Corps personnel and records. Upon request, a detailed by The request should contain the full trainees who participate in the name of the requester, home address jump report for a specified time frame premeditated parachute jumping and air is also provided. and date and place of birth. An unsworn drop activities.’ declaration in accordance with 28 To provide records to the Chief of U.S.C. 1746 or a notarized statement CATEGORIES OF RECORDS IN THE SYSTEM: Naval Personnel for promotional may be required for identity Delete entry and replace with ‘Unit screening, detailing, and compliance verification. reports of each jump performed, which with minimum standards. includes name of parachutist, Social To provide summaries of jump RECORD ACCESS PROCEDURES: Security Number, Unit Identification activity for Marine Corps personnel to Individuals seeking access to records Code (UIC), and model of parachute; the Commandant of the Marine Corps. To provide records of specific jump about themselves should address total jump activity survey reports; and designated personnel to contractors, if written inquiries to the Commander, annual jump activity reports.’’ required, for projects either funded by Office of Naval Intelligence, National * * * * * Maritime Intelligence Center, ATTN: or deemed potentially valuable to the ONI–OCB2, 4251 Suitland Road, PURPOSE(S): Department of the Navy. Washington, DC 20395–5720. In first line of first paragraph, delete ROUTINE USES OF RECORDS MAINTAINED IN THE The request should contain full name, ‘scheduled’. In third paragraph, first SYSTEM, INCLUDING CATEGORIES OF USERS AND residence address and date and place of line, after the word ‘provide’ add ‘upon THE PURPOSES OF SUCH USES: birth. An unsworn declaration in request’. In addition to those disclosures accordance with 28 U.S.C. 1746 or a * * * * * generally permitted under 5 U.S.C. notarized statement may be required for 552a(b) of the Privacy Act, these records identity verification. N05100±2 or information contained therein may CONTESTING RECORD PROCEDURES: SYSTEM NAME: specifically be disclosed outside the Parachute Jump Program. DoD as a routine use pursuant to 5 The Navy’s rules for accessing U.S.C. 552a(b)(3) as follows: records, and for contesting contents and SYSTEM LOCATION: The ‘Blanket Routine Uses’ that appealing initial agency determinations Naval Safety Center, 375 A Street, appear at the beginning of the Navy’s are published in Secretary of the Navy Norfolk, VA 23511–4399. compilation of systems of records Instruction 5211.5; 32 CFR part 701; or notices apply to this system. may be obtained from the system CATEGORIES OF INDIVIDUALS COVERED BY THE manager. SYSTEM: POLICIES AND PRACTICES FOR STORING, All Navy and Marine Corps personnel RETRIEVING, ACCESSING, RETAINING, AND RECORD SOURCE CATEGORIES: and trainees who participate in the DISPOSING OF RECORDS IN THE SYSTEM: Personal History Statement and premeditated parachute jumping and air STORAGE: related forms from the individual. drop activities. Magnetic tape and computer Access forms and documents prepared printouts. by the system manager. Correspondence CATEGORIES OF RECORDS IN THE SYSTEM: between system manager and activities Unit reports of each jump performed, RETRIEVABILITY: requesting access status. which includes name of parachutist, Name, Social Security Number, Unit Social Security Number, Unit Identification Code (UIC), and model of EXEMPTIONS CLAIMED FOR THE SYSTEM: Identification Code (UIC), and model of parachute. Information specifically authorized to parachute; total jump activity survey be classified under E.O. 12958, as reports; and annual jump activity SAFEGUARDS: implemented by DoD 5200.1–R, may be reports. Computer area is locked after hours exempted pursuant to 5 U.S.C. and access is strictly controlled. Hard 552a(k)(1). AUTHORITY FOR MAINTENANCE OF THE SYSTEM: drive locked to preclude unauthorized An exemption rule for this system has 5 U.S.C. 301, Departmental access. Only two individuals have a key been promulgated in accordance with Regulations and E.O. 9397 (SSN). to access hard drive. Building is under requirements of 5 U.S.C. 553(b)(1), (2) PURPOSE(S): 24 hour watch. and (3), and (c) and (e) and published To track jump activities date for RETENTION AND DISPOSAL: in 32 CFR part 701, subpart G. For specific individuals or types of additional information contact the Permanent. Magnetic tape files parachutes and correlate the system manager. contain all available records and are information with parachute jump never purged. N05100±2 mishap data; analyze information to determine the relationship between SYSTEM MANAGER(S) AND ADDRESS: SYSTEM NAME: various categories and combinations of Director of Shore Safety Programs, Scheduled Parachute Jump Program jump experience and accident Naval Safety Center, 375 A Street, (February 22, 1993, 58 FR 10746). involvement. Norfolk, VA 23511–4399.

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NOTIFICATION PROCEDURE: SYSTEM MANAGER(S) AND ADDRESS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Individuals seeking to determine Delte entry and replace with 5 U.S.C. 301, Departmental whether information about themselves ‘Commander, Navy Personnel Command Regulations; 10 U.S.C. para 1090; 42 is contained in this system should (NPC–602), 5720 Integrity Drive, U.S.C. 290dd–2; and E.O. 9397 (SSN). address written inquiries to the Director Millington, TN 38055–6000.’ of Shore Safety Programs, Naval Safety PURPOSE(S): * * * * * Center, 375 A Street, Norfolk, VA To train, educate, identify, screen, 23511–4399. N05350±1 counsel, rehabilitate, and monitor the The request should include full name, progress of individuals in drug and Social Security Number, and address of SYSTEM NAME: alcohol abuse programs and programs for those members who are obese/ the individual concerned and should be Navy Drug and Alcohol Program signed. compulsive over eaters. System. Information is used to screen and RECORD ACCESS PROCEDURES: SYSTEM LOCATION: evaluate the certified counselors, Individuals seeking access to counselor interns, and counselor information about themselves contained Primary location: Navy Personnel applicants throughout the course of in this system should address written Command (NPC–602), 5720 Integrity their duties. inquiries to the Director of Shore Safety Drive, Millington, TN 38055–6000. Programs, Naval Safety Center, 375 A Decentralized locations: Navy Alcohol ROUTINE USES OF RECORDS MAINTAINED IN THE Street, Norfolk, VA 23511–4399. SYSTEM, INCLUDING CATEGORIES OF USERS AND Rehabilitation Centers, Navy Alcohol THE PURPOSES OF SUCH USES: The request should include full name, Rehabilitation Departments in Naval In addition to those disclosures Social Security Number, and address of Hospitals, Counseling and Assistance generally permitted under 5 U.S.C. the individual concerned and should be Centers, Personal Responsibility and 552a(b) of the Privacy Act, these records signed. Values Education and Training Program or information contained therein may Offices, Navy Drug Screening CONTESTING RECORD PROCEDURES: specifically be disclosed outside the Laboratories, Navy Personnel Command The Navy’s rules for accessing DoD as a routine use pursuant to 5 (Drug and Alcohol Program records, and for contesting contents and U.S.C. 552a(b)(3) as follows: Management Activity), and local appealing determinations are published In order to comply with the activities to which an individual is in Secretary of the Navy Instruction provisions of 42 U.S.C. 290dd–2, the assigned. Addresses are contained in a 5211.5; 32 CFR part 701; or may be Navy’s ‘Blanket Routine Uses’ do not directory which is available from the obtained from the system manager. apply to this system of records. Commander, Navy Personnel Command Specifically, records of the identity, RECORD SOURCE CATEGORIES: (NPC–602), 5720 Integrity Drive, diagnosis prognosis, or treatment of any Navy and Marine Corps jumpers. Millington, TN 38055–6000. client/patient, irrespective of whether or EXEMPTIONS CLAIMED FOR THE SYSTEM : CATEGORIES OF INDIVIDUALS COVERED BY THE when he/she ceases to be client/patient, None. SYSTEM: maintained in connection with the performance of any alcohol or drug N05350±1 Navy personnel (officers and enlisted) abuse or obesity/compulsive overeating who have been identified as drug or prevention, education, training, SYSTEM NAME: alcohol abusers or who are out of Navy Navy Drug and Alcohol Program treatment, rehabilitation or research body fat standards and may be obese/ which is conducted, regulated, or System (September 9, 1996, 61 FR compulsive over eaters, and who are 47483). directly or indirectly assisted by any subsequently screened or referred for department or agency of the United CHANGES: remedial education, outpatient States, except as provided therein, be counseling, or residential rehabilitation; * * * * * confidential and be disclosed only for counselors, counselor interns, and the purposes and under the SYSTEM LOCATION: counselor applicants; Navy personnel circumstances expressly authorized in Delete entry and replace with who attend the Personal Responsibility 42 U.S.C. 290dd–2. This statute takes ‘Primary location: Navy Personnel and Values Education and Training precedence over the Privacy Act of 1974 Command (NPC–602), 5720 Integrity Program for preventive education; in regard to accessibility of such Drive, Millington, TN 38055–6000. dependents and civilians, where records, except to the individual to Decentralized locations: Navy Alcohol authorized, who participate in whom the record pertains. Rehabilitation Centers, Navy Alcohol preventive and remedial education The content of any record may be Rehabilitation Departments in Naval programs, outpatient counseling, and disclosed in accordance with prior Hospitals, Counseling and Assistance residential rehabilitation; and officer, written consent of the patient with Centers, Personal Responsibility and enlisted, and civilian rehabilitation, and respect to whom such record is Values Education and Training Program drug testing. maintained, but only to such extent, Offices, Navy Drug Screening under such circumstances, and for such CATEGORIES OF RECORDS IN THE SYSTEM: Laboratories, Navy Personnel Command purposes as may be allowed under such (Drug and Alcohol Program Documentation containing prescribed regulations. Management Activity), and local demographic data, screening and Information from records may be activities to which an individual is assessment information, progress notes, released without the member’s consent assigned. Addresses are contained in a medical and laboratory data, narrative in the following situations: directory which is available from the summaries of treatment, aftercare plans, To medical personnel to the extent Commander, Navy Personnel Command and other information pertaining to a necessary to meet a bona fide medical (NPC–602), 5720 Integrity Drive, member’s participation in substance emergency. Millington, TN 38055–6000.’ abuse education, counseling, and To qualified personnel for the * * * * * rehabilitation programs. purpose of conducting scientific

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CHANGES: granted after application showing good The letter should contain full name, * * * * * case therefore. In accessing good cause, Social Security Number, rank/rate, SYSTEM LOCATION: the court shall weigh the public interest military status, and signature of the and the need for disclosure against the requester. Delete the second paragraph and injury to the patient, to the physician- The individual may visit the Bureau replace with ‘A list of Navy system patient relationship and to the treatment of Naval Personnel, 2 Navy Annex, managers is available from the services. Upon the granting of such Washington, DC 20370–5001, for Commander, Navy Personnel Command order, the court, in determining the assistance with records located in that (NPC–655C2), 5720 Integrity Drive, extent to which any disclosure of all or building; or the individual may visit the Millington, TN 38055–0000; and a list of any part of any record is necessary, shall local activity to which attached for Marine Corps activities is available from impose appropriate safeguards against access to locally maintained records. the Commandant of the Marine Corps, unauthorized disclosures. Proff of identification will consist of Personal and Family Readiness Division The above prohibitions foe not apply Military Identification Card for persons (MRX), 3044 Catlin Avenue, Quantico, to any interchange of records within the having such cards, or other picture- VA 22134–5099.’ Armed Forces or within those hearing identification. * * * * * components of the Department of RECORD ACCESS PROCEDURES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Veterans Affairs furnishing health care Individuals seeking access to records Delete entry and replace with ‘5 to veterans or between such components about themselves contained in this U.S.C. 301, Departmental Regulations; and the Armed Forces. system of records should address Section 6041, Internal Revenue Code; POLICIES AND PRACTICES FOR STORING, written inquiries to the Commander, BUPERS Instruction 1710.13A, RETRIEVING, ACCESSING, RETAINING, AND Navy Personnel Command (NPC–602), Regulations, Policies and Procedures for DISPOSING OF RECORDS IN THE SYSTEM: 5720 Integrity Drive, Millington, TN Navy Food, Beverage and Entertainment STORAGE: 38055–6000 or to the naval activity Operations 1996; MCOP–1700.27, Ch1; providing treatment. Addresses are Automated records may be on NAVSO P–3520; and E.O. 9397 (SSN).’ contained in a directory which is * * * * * computer disks (both hard drive and available from the Commander, Navy floppy), magnetic tapes, and drums. Personnel Command (NPC–602), 5720 SYSTEM MANAGER(S) AND ADDRESS: Manual records may be stored in Integrity Drive, Millington, TN 38055– Delete entry and replace with ‘Policy paper file folders, computer printouts, 6000. Officials: For Navy activities— microfiche, or microfilm. The letter should contain full name, Commander, Navy Personnel Command RETRIEVABILITY: Social Security Number, rank/rate, (NPC–655C2), 5720 Integrity Drive, Name and Social Security Number. military status, and signature of the Millington, TN 38055–6500; For Marine requester. Corps activities—Commandant of the SAFEGUARDS: The individual may visit the Navy Marine Corps, Personal and Family Computer facilities are located in Personnel Command (NPC–602), 5720 Readiness Division (MRX), 3044 Catlin restricted areas accessible only to Integrity Drive, Millington, TN 38055– Avenue, Quantico, VA 22134–5099. authorized persons that are properly 6000 for assistance with records located Record Holder: Navy and Marine screened, cleared and trained. in that building; or the individual may Corps stateside and overseas bases Manual records and computer visit the local activity to which attached where bingo is authorized and played. printouts are available only to for access to locally maintained records. A list of Navy system managers for authorized personnel having a need-to- Proof of identification will consist of bingo locations is available from the know. Military Identification Card for persons Commander, Navy Personnel Command having such cards, or other picture- (NPC–655C2), 5720 Integrity Drive, RETENTION AND DISPOSAL: bearing identification. Millington, TN 38055–6500; a list of Manual records are maintained for CONTESTING RECORD PROCEDURES: Marine Corps systems managers is two years (Level I/II) or three years available from the Commandant of the (Level III) and then retired to the nearest The Navy’s rules for accessing records, and for contesting contents and Marine Corps, Personal and Family Federal Records Center. Automated Readiness Division (MRX), 3044 Catlin records are maintained indefinitely. appealing initial agency determinations are published in Secretary of the Navy Avenue, Quantico, VA 22134–5099.’ SYSTEM MANAGER(S) AND ADDRESS: Instruction 5211.5; 32 CFR part 701; or * * * * * Commander, Navy Personnel may be obtained from the system N07401±1 Command (NPC–602), 5720 Integrity manager. Drive, Millington, TN 38055–6000. SYSTEM NAME: RECORD SOURCE CATEGORIES: Bingo Winners. NOTIFICATION PROCEDURE: DOD/DON officials; notes and Individuals seeking to determine documents from Service Jackets and SYSTEM LOCATION: whether this system of records contains Medical Records; and general Navy and Marine Corps stateside and information about themselves should correspondence concerning the overseas bases where bingo is address written inquiries to the individual. authorized and played.

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A list of Navy system managers is SAFEGUARDS: Avenue, Quantico, VA 22134–5099 (for available from the Commander, Navy Records are kept in occupied rooms Marine Corps sponsored bingo games). Personnel Command (NPC–655C2), which are located during non-working A list of system managers by activity is 5720 Integrity Drive, Millington, TN hours. also available from these officials. 38055–0000; and a list of Marine Corps CONTESTING RECORD PROCEDURES: activities is available from the RETENTION AND DISPOSAL: Commandant of the Marine Corps, Records are maintained on site for The Navy’s rules for accessing Personal and Family Readiness Division three years and then shipped to a records, and for contesting contents and (MRX), 3044 Catlin Avenue, Quantico, Federal Records Center for storage for appealing initial agency determinations VA 22134–5099. four additional years. After seven years, are published in Secretary of the Navy records are destroyed. Instruction 5211.5; 32 CFR part 701; or CATEGORIES OF INDIVIDUALS COVERED BY THE may be obtained from the system SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: manager. U.S. citizens 18 years of age and older Policy Officials: For Navy activities— RECORD SOURCE CATEGORIES: who are paid monies/prizes of $1,200 or Commander, Navy Personnel Command Individual and bingo payout control more for one-time winnings associated (NPC–655C2), 5720 Integrity Drive, sheets. with bingo. Millington, TN 38055–6500; For Marine Corps activities—Commandant of the EXEMPTIONS CLAIMED FOR THE SYSTEM: CATEGORIES OF RECORDS IN THE SYSTEM: Marine Corps, Personal and Family Bingo payout control sheet indicating None. Readiness Division (MRX), 3044 Catlin individual name, grade, Social Security Avenue, Quantico, VA 22134–5099. [FR Doc. 99–10573 Filed 4–27–99; 8:45 am] Number, duty station, dates and Record Holder: Navy and Marine BILLING CODE 5000±04±M amounts of bingo monies paid, and Corps stateside and overseas bases DOT/IRS Forms W2–G and 5754. where bingo is authorized and played. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: A list of Navy system managers for DEPARTMENT OF EDUCATION bingo locations is available from the 5 U.S.C. 301, Departmental Submission for OMB Review; Commander, Navy Personnel Command Regulations; section 6041, Internal Comment Request Revenue Code; BUPERS Instruction (NPC–655C2), 5720 Integrity Drive, 1710.13A, Regulations Policies and Millington, TN 38055–6500; a list of AGENCY: Department of Education. Procedures for Navy Food, Beverage and Marine Corps systems managers is SUMMARY: The Acting Leader, Entertainment Operations 1996; MCOP– available from the Commandant of the Information Management Group, Office 1700.27, Ch1; NAVSO P–3520; and E.O. Marine Corps, Personnel and Family of the Chief Information Officer invites 9397 (SSN). Readiness Division (MRX), 3044 Catlin comments on the submission for OMB Avenue, Quantico, VA 22134–5099. review as required by the Paperwork PURPOSE(S): Reduction Act of 1995. NOTIFICATION PROCEDURE: To notify the Internal Revenue DATES: Interested persons are invited to Service of all monies and items of Individuals are routinely notified via submit comments on or before May 28, merchandise paid to individual winners DOT/IRS Form W–2G if their one-time 1999. of bingo games, whose one-time bingo winnings are $1,200 or more. ADDRESSES: Written comments should winnings are $1,200 or more. However, individuals seeking to be addressed to the Office of To provide a means of paying, determine whether this system of Information and Regulatory Affairs, recording, accounting, reporting, and records contains information about Attention: Danny Werfel, Desk Officer, controlling expenditures and themselves should address written Department of Education, Office of merchandise inventories associated inquiries to the commanding officer at Management and Budget, 725 17th with bingo games. the location where the bingo game was Street, N.W., Room 10235, New played or to the Commander, Navy ROUTINE USES OF RECORDS MAINTAINED IN THE Executive Office Building, Washington, Personnel Command (NPC–655C2), SYSTEM, INCLUDING CATEGORIES OF USERS AND D.C. 20503 or should be electronically 5720 Integrity Drive, Millington, TN THE PURPOSES OF SUCH USES: mailed to the internet address 38055–6500 (for Navy sponsored bingo In addition to those disclosures [email protected]. Requests games) or the Commandant of the generally permitted under 5 U.S.C. for copies of the proposed information Marine Corps, Personal and Family 552a(b) of the Privacy Act, these records collection requests should be addressed Readiness Division (MRX), 3044 Catlin or information contained therein may to Patrick J. Sherrill, Department of Avenue, Quantico, VA 22134–5099 (for specially be disclosed outside the DoD Education, 400 Maryland Avenue, S.W., Marine Corps sponsored bingo games). as a routine use pursuant to 5 U.S.C. Room 5624, Regional Office Building 3, A list of system managers by activity is 552a(b)(3) as follows: Washington, D.C. 20202–4651, or also available from these officials. The ‘Blanket Routine Uses’ that should be electronically mailed to the appear at the beginning of the Navy’s RECORD ACCESS PROCEDURES: internet address [email protected], compilation of systems of records Individuals seeking access to records or should be faxed to 202–708–9346. notices apply to this system. about themselves should address FOR FURTHER INFORMATION CONTACT: POLICIES AND PRACTICES FOR STORING, written inquiries to the commanding Patrick J. Sherrill (202) 708–8196. RETRIEVING, ACCESSING, RETAINING, AND officer at the location where the bingo Individuals who use a DISPOSING OF RECORDS IN THE SYSTEM: game was played or to the Commander. telecommunications device for the deaf STORAGE: Navy Personnel Command (NPC– (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 Manual records in file cabinets and 655C2), 5720 Integrity Drive, Millington, between 8 a.m. and 8 p.m., Eastern time, electronic records on backup discs. TN 38055–6500 (for Navy sponsored bingo games) or the Commandant of the Monday through Friday. RETRIEVABILITY: Marine Corps, Personal and Family SUPPLEMENTARY INFORMATION: Section Name and Social Security Number. Readiness Division (MRX), 3044 Catlin 3506 of the Paperwork Reduction Act of

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1995 (44 U.S.C. Chapter 35) requires Office of Postsecondary Education Equitrans proposes to install and that the Office of Management and Type of Review: Reinstatement. operate a tap connection, measuring, Budget (OMB) provide interested Title: William D. Ford Federal Direct and appurtenant facilities for the Federal agencies and the public an early Loan Program: Loan Deferment and delivery of gas to Equitable Gas opportunity to comment on information Permanent Total Disability Cancellation Company in Peters Township, collection requests. OMB may amend or Request Documents. Washington County, Pennsylvania. The waive the requirement for public Frequency: On occasion. estimated annual volume of delivery consultation to the extent that public Affected Public: Individuals or would be approximately 1,050,000 Dth participation in the approval process households. with a peak day volume of 4,800 Dth. would defeat the purpose of the Reporting and Recordkeeping Burden: The estimated cost of construction information collection, violate State or Responses: 259,000; Burden Hours: would be approximately $22,700.00, Federal law, or substantially interfere 51,800. which would be reimbursed by with any agency’s ability to perform its Abstract: These documents will serve Equitable to Equitrans. statutory obligations. The Acting as the means of collecting the Leader, Information Management information needed by the Department Any person or the Commission’s staff Group, Office of the Chief Information of Education to determine whether a may, within 45 days after the Officer, publishes that notice containing Direct Loan borrower qualifies for a loan Commission has issued this notice, file proposed information collection discharge based on permanent total pursuant to Rule 214 of the requests prior to submission of these disability or a loan deferment. Commission’s Procedural Rules (18 CFR requests to OMB. Each proposed 385.214) a motion to intervene or notice Office of Postsecondary Education information collection, grouped by of intervention and pursuant to Section office, contains the following: (1) Type Type of Review: Revision. 157.205 of the Regulations under the of review requested, e.g. new, revision, Title: Federal Family Education Loan NGA (18 CFR 157.205) a protest to the extension, existing or reinstatement; (2) (FFEL) Program Loan Deferment request. If no protest is filed within the Applications. Title; (3) Summary of the collection; (4) allowed time, the proposed activity Description of the need for, and Frequency: Annually. Affected Public: Individuals or shall be deemed to be authorized proposed use of, the information; (5) effective the day after the time allowed Respondents and frequency of households. Reporting and Recordkeeping Burden: for filing a protest. If a protest is filed collection; and (6) Reporting and/or Responses: 1,148,818; Burden Hours: and not withdrawn within 30 days after Recordkeeping burden. OMB invites 183,811. the time allowed for filing a protest, the public comment at the address specified Abstract: These forms will serve as instant request shall be treated as an above. Copies of the requests are the means of collecting the information application for authorization pursuant available from Patrick J. Sherrill at the necessary to determine whether a FFEL to Section 7 of the NGA. address specified above. borrower qualifies for a specific type of David P. Boergers, Dated: April 22, 1999. loan deferment. Secretary. William E. Burrow, [FR Doc. 99–10603 Filed 4–27–99; 8:45 am] [FR Doc. 99–10586 Filed 4–27–99; 8:45 am] Acting Leader, Information Management Group, Office of the Chief Information Officer. BILLING CODE 4000±01±P BILLING CODE 6717±01±M Office of Elementary and Secondary Education DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Type of Review: Revision. Title: Safe and Drug-Free Schools and Federal Energy Regulatory Federal Energy Regulatory Communities National Programs— Commission Commission Federal Activities—State and Regional [Docket No. CP99±327±000] Coalition Grant Competition to Prevent [Docket No. CP99±326±000] High-Risk Drinking Among College Equitrans, L.P.; Notice of Request Students. Under Blanket Authorization Florida Gas Transmission Co.; Notice Frequency: Annually. of Request Under Blanket April 22, 1999. Affected Public: Not-for-profit Authorization institutions; State, local or Tribal Gov’t, Take notice that on April 20, 1999, SEAs or LEAs. Equitrans, L.P. (Equitrans), 3500 Park April 22, 1999. Reporting and Recordkeeping Hour Lane, Pittsburgh, Pennsylvania 15275, Take notice that on April 20, 1999, Burden: Responses: 50; Burden Hours: filed a request with the Commission in Florida Gas Transmission Company 1,600. Docket No. CP99–327–000, pursuant to Abstract: This program supports the Sections 157.205 and 157.212 of the (FGT), 1400 Smith Street, Houston, implementation and evaluation of State Commission’s Regulations under the Texas 77002, filed in Docket No. CP99– or regional coalitions to develop Natural Gas Act (NGA) for authorization 326–000 a request pursuant to Sections strategies for reducing and preventing to install 300 feet of three inch pipeline, 157.205 and 157.212 of the high-risk drinking and related problems a tap, metering, electronic flow Commission’s Regulations under the among college students. measurement, and appurtenant Natural Gas Act (18 CFR 157.205 and This information collection is being facilities, authorized in blanket 157.212) for authorization to construct submitted under the Streamlined certificate issued in Docket No. CP86– and operate delivery facilities in St. Clearance Process for Discretionary 676–000, all as more fully set forth in Landry Parish, Louisiana to permit the Grant Information Collections (1890– the request on file with the Commission delivery of gas to Riverside Pipeline 0001). Therefore, this 30-day public and open to public inspection. This Company (Riverside) for gas lift comment period notice will be the only filing may be viewed on the web at operations, under the blanket certificate public comment notice published for http://www.ferc.fed.us/online/rims.htm issued in Docket No. CP82–553–000, this information collection. (call 202–208–2222 for assistance). pursuant to Section 7(c) of the Natural

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Gas Act, all as more fully set forth in the DEPARTMENT OF ENERGY Gas Act (NGA) and Part 157 of the request which is on file with the Commission’s Regulations, seeking Commission and open to public Federal Energy Regulatory authorization to revise the certificated inspection. This filing may be viewed Commission capacities of the Cunningham, Lyons on the web at http://www.ferc.fed.us/ [Docket No. RP99±139±001] and Redfield storage fields as more fully online/rims.htm (call 202–208–2222 for described in the Amendment on file assistance). KN Interstate Gas Transmission Co.; with the Commission and open to Notice of Tariff Filing public inspection. The Application may FGT states that Riverside has be viewed on the web at http:// requested a connection and April 22, 1999. www.ferc.fed.us/online/rims.htm (Call measurement instrumentation for gas Take notice that on April 19, 1999, (202) 208–2222 for assistance). lift operations at an existing well KN Interstate Gas Transmission Co. Northern states that it is filing to connect, Vermilion Resources Meter (KNI) tendered for filing to be part of its amend its existing certificates pursuant Station. It is indicated that two check FERC Gas Tariff, Third Revised Volume to the Settlement of its rate case in valves will be added to the existing No. 1–B, Substitute Fourth Revised Docket Nos. RP98–203, et al. filed flange on the riser to connect Riverside’s Sheet No. 6, with an effective date of concurrently herewith. Northern says 2-inch delivery meter to measure December 5, 1998. that the settlement provides that volumes into Riverside. FGT states that KNI states that this filing is being Northern will file a Section 7(c) it would also install 15 feet of submitted pursuant to the Commission certificate to revise the certificate level connecting pipe to be installed from the Staff’s request to correct a pagination for Cunningham and Lyons storage riser to Riverside’s meter station. It is error. This filing does not modify or fields to reflect current operations. change any tariff provision already stated that the gas lift gas will fuel Northern states it is also requesting approved by the Commission. Riverside’s compressors when their authority to amend its certificate of KNI states that copies of this filing has public convenience and necessity to pressure is too low to deliver gas into been served upon all affected firm remove the maximum inventory FGT’s system at the existing receipt customers of KNI and applicable state restriction by reservoir at its Redfield point. It is further indicated that, when agencies. underground storage field, while well pressure is high enough to allow Any person desiring to protest this maintaining the total inventory level, in gas to enter FGT’s system, the proposed filing should file a protest with the order to provide additional operational delivery point will close, allowing the Federal Energy Regulatory Commission, flexibility of the field. delivery into the FGT system through 888 First Street, NE., Washington, DC Any person desiring to be heard or the existing meter. 20426, in accordance with Section making any protest with reference to FGT indicates that it will be able to 385.211 of the Commission’s Rules and said application should on or before deliver to Riverside up to 250 Mcf per Regulations. All such protests must be May 13, 1999 file with the Federal day. FGT estimates that the proposed filed as provided in Section 154.210 of Energy Regulatory Commission, 888 facilities will cost $30,000, which the Commission’s Regulations. Protests First Street, N.E., Washington, D.C. will be considered by the Commission would be reimbursed by Riverside. FGT 20426, a motion to intervene or a protest in determining the appropriate action to in accordance with the requirements of also states that the proposed delivery be taken, but will not serve to make the Commission’s Rules of Practice and point is not prohibited by the existing protestants parties to the proceedings. Procedure (18 CFR 385.214 or 385.211) tariff. Copies of this filing are on file with the and the Regulations under the NGA (18 Any person or the Commission’s staff Commission and are available for public CFR 157.10). All protests filed with the may, within 45 days after issuance of inspection in the Public Reference Commission will be considered by it in the instant notice by the Commission, Room. This filing may be viewed on the determining the appropriate action to be file pursuant to Rule 214 of the web at http://www.ferc.fed.us/online/ taken but will not serve to make the Commission’s Procedural Rules (18 CFR rims.htm (call 202–208–2222 for protestants parties to the proceeding. 385.214) a motion to intervene or notice assistance). The Commission’s rules require that of intervention and pursuant to Section David P. Boergers, protestors provide copies of their 157.205 of the Regulations under the Secretary. protests to the party or person to whom Natural Gas Act (18 CFR 157.205) a [FR Doc. 99–10581 Filed 4–27–99; 8:45 am] the protests are directed. Any person wishing to become a party to a protest to the request. if no protest is BILLING CODE 6717±01±M filed within the time allowed therefore, proceeding or to participate as a party in any hearing therein must file a the proposed activity shall be deemed to motion to intervene in accordance with be authorized effective the day after the DEPARTMENT OF ENERGY the Commission’s Rules. time allowed for filing a protest. If a Federal Energy Regulatory A person obtaining intervenor status protest is filed and not withdrawn Commission will be placed on the service list within 30 days after the time allowed maintained by the Secretary of the for filing a protest, the instant request [Docket No. CP99±324±000] Commission and will receive copies of shall be treated as an application for Northern Natural Gas Company; Notice all documents issued by the authorization pursuant to Section 7 of of Application Commission, filed by the applicant, or the Natural Gas Act. filed by all other intervenors. An David P. Boergers, April 22, 1999. intervenor can file for rehearing of any Secretary. Take notice that on April 16, 1999, Commission order and can petition for [FR Doc. 99–10585 Filed 4–27–99; 8:45 am] Northern Natural Gas Company court review of any such order. (Northern), 1111 South 103rd Street, However, an intervenor must serve BILLING CODE 6717±01±M Omaha, Nebraska 68124, filed in Docket copies of comments or any other filing No. CP99–324–000, an application it makes with the Commission to every pursuant to Section 7(c) of the Natural other intervenor in the proceeding, as

VerDate 26-APR-99 16:05 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.XXX pfrm03 PsN: 28APN1 22856 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices well as filing an original and 14 copies that states that it is re-establishing its place a 4-inch orifice meter, and turn with the Commission. Pipeline Sales Division. Northern around the existing check valve to allow A person does not have to intervene, Natural states that it may sell gas gas flow from Tennessee’s mainline. however, in order to have comments pursuant to Rate Schedule SF due to the Range Energy estimates that its average considered. A person, instead, may imbalance cashout mechanism, excess day and peak day requirements are submit two copies of such comments to gas on the system or other economic 1,500 Mcf and 5,000 Mcf per day, the Secretary of the Commission. reasons. respectively. The volumes to be Commenters will be placed on the Any person desiring to be heard or to delivered to this point will be within Commission’s environmental mailing protest said filing should file a motion the contract quantity and therefore list, will receive copies of to intervene or protest with the Federal within the certificated entitlements for environmental documents, and will be Energy Regulatory Commission, 888 Range Energy. able to participate in meetings First Street, NE., Washington, DC 20426, Tennessee further states that the associated with the Commission’s in accordance with Rules 211 or 214 of facilities will be converted in environmental review process. the Commission’s Rules of Practice and compliance with 18 CFR, Part 157, Commenters will not be required to Procedure (18 CFR 385.211 or 385.214). Subpart F, and that the proposed serve copies of filed documents on all All such motions to intervene or protest activities will not affect Tennessee’s other parties. However, commenters should be filed on or before May 7, ability to service its other existing will not receive copies of all documents 1999. Protests will be considered by the customers. filed by other parties or issued by the Commission in determining the Any person or the Commission’s staff Commission, and will not have the right appropriate action to be taken but will may, within 45 days after issuance of to seek rehearing or appeal the not serve to make protestants parties to the instant notice by the Commission, Commission’s final order to a Federal the proceeding. Any person wishing to file pursuant to Rule 214 of the court. become a party must file a motion to Commission’s Procedural Rules (18 CFR The Commission will consider all intervene. Copies of this filing are on 385.214) a motion to intervene or notice comments and concerns equally, file with the Commission and are of intervention and pursuant to Section whether filed by commenters or those available for public inspection. 157.205 of the Regulations under the requesting intervenor status. David P. Boergers, Natural Gas Act (18 CFR 157.205) a Take further notice that, pursuant to Secretary. protest to the request. If no protest is the authority contained in and subject to [FR Doc. 99–10587 Filed 4–27–99; 8:45 am] filed within the time allowed therefor, the jurisdiction conferred upon the the proposed activity shall be deemed to BILLING CODE 6717±01±M Commission by Sections 7 and 15 of the be authorized effective the day after the NGA and the Commission’s Rules of time allowed for filing a protest. If a Practice and Procedure, a hearing will DEPARTMENT OF ENERGY protest is filed and not withdrawn be held without further notice before the within 30 days after the time allowed Commission or its designee on this Federal Energy Regulatory for filing a protest, the instant request application if no motion to intervene is Commission shall be treated as an application for filed within the time required herein, if authorization pursuant to Section 7 of [Docket No. CP99±325±000] the Commission on its own review of the Natural Gas Act. the matter finds that a grant of the Tennessee Gas Pipeline Company; David P. Boergers, certificate is required by the public Notice of Request Under Blanket Secretary. convenience and necessity. If a motion Authorization [FR Doc. 99–10584 Filed 4–27–99; 8:45 am] for leave to intervene is timely filed, or BILLING CODE 6717±01±M if the Commission on its own motion April 22, 1999. believes that a formal hearing is Take notice that on April 19, 1999, required, further notice of such hearing Tennessee Gas Pipeline Company DEPARTMENT OF ENERGY will be duly given. (Tennessee), a Delaware corporation, Under the procedure herein provided P.O. Box 2511, Houston, Texas 77252, Federal Energy Regulatory for, unless otherwise advised, it will be filed in Docket No. CP99–325–000 a Commission request pursuant to Sections 157.205, unnecessary for Northern to appear or [Docket No. CP98±181±000] be represented at the hearing. 157.212 and 157.216 of the David P. Boergers, Commission’s Regulations under the Trunkline Gas Company; Notice of Secretary. Natural Gas Act (18 CFR 157.205, Motion To Vacate [FR Doc. 99–10583 Filed 4–27–99; 8:45 am] 157.212 and 157.216) for authorization to convert an existing receipt point in April 22, 1999. BILLING CODE 6717±01±M Crawford County, Pennsylvania, to a Take notice that on April 16, 1999, delivery point in order to make Trunkline Gas Company (Trunkline), DEPARTMENT OF ENERGY deliveries of natural gas to Range Energy P.O. Box 1642, Houston, Texas 77251– Resources, under Tennessee’s blanket 1642, filed in Docket No. CP98–181–000 Federal Energy Regulatory certificate issued in Docket No. CP82– a request seeking to vacate the authority Commission 413–000 pursuant to Section 7 of the that Trunkline received in Docket No. Natural Gas Act, all as more fully set CP98–181–000 (prior notice filing) [Docket No. MG99±18±000] forth in the request that is on file with which was filed pursuant to 157.205 Northern Natural Gas Company; Notice the Commission and open to public and 157.211 on January 13, 1998. This of Filing inspection. The application may be filing may be viewed on the web at viewed on the web at www.ferc.fed.us/ www.ferc.fed.us/online/rims.htm April 22, 1999. online/rims.htm. Call (202) 208–2222 (please call (202) 208–2222 for Take notice that on March 4, 1999, for assistance. assistance). Northern Natural Gas Company Tennessee proposes to remove an The prior notice filing involved a (Northern Natural) submitted a report exiting 6-inch orifice meter, install in its request for authorization to install a 2′′

VerDate 26-APR-99 16:05 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.XXX pfrm03 PsN: 28APN1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices 22857 hot tap, check valve, insulating flange (NGA) for an order permitting and Commission’s environmental mailing and associated facilities on Trunkline’s approving (1) the abandonment by list, will receive copies of 24′′ Line 100–1 in Harris County at reclaim of two 230 horsepower Ajax environmental documents and will be milepost 1.53, and install electronic gas compressor units and appurtenant able to participate in meetings measurement equipment to establish a facilities and (2) the installation of a associated with the Commission’s delivery point to Cypress Public replacement 310 horsepower environmental review process. Service, L.P. (Cypress), under compressor unit and appurtenant Commenters will not be required to Trunkline’s blanket certificate issued in facilities at the South Welda booster serve copies of filed documents on all Docket No. CP83–84–000. The prior station located in Anderson County, other parties. However, commenters notice filing was noticed January 23, Kansas, all as more fully set forth in the will not receive copies of all documents 1998, and no protests were filed during application which is on file with the filed by other parties or issued by the the notice period which expired March Commission and open to public Commission and will not have the right 9, 1998. inspection. This filing may be viewed to seek rehearing or appeal the Trunkline states that at the request of on the web at http://www.ferc.fed.us/ Commission’s final order to a federal the customer, Cypress, Trunkline will online/rims.htm (call 202–208–2222 for court. not be installing the tap and other assistance). The Commission will consider all associated facilities to establish the new Specifically, Williams seeks authority comments and concerns equally, interconnect. Trunkline states that since to abandon by reclaim the two 230 whether filed by commenters or those the requested interconnect is not going horsepower compressor units and requesting intervenor status. to be installed and that the 45-day replace them with a 310 horsepower Take further notice that, pursuant to notice period has expired, Trunkline compressor unit on the existing station the authority contained in and subject to requests that the authorization filed for site. The project cost is estimated to be the jurisdiction conferred upon the in Docket CP98–181–000 be vacated. approximately $257,414. Federal Energy Regulatory Commission Any person desiring to be heard or to Any person desiring to participate in by Sections 7 and 15 of the Natural Gas make any protest with reference to said the hearing process or to make any Act and the Commission’s Rules of motion to vacate should on or before protest with reference to said Practice and Procedure, a hearing will May 13, 1999, file with the Federal application should on or before May 12, be held without further notice before the Energy Regulatory Commission, 888 1999, file with the Federal Energy Commission or its designee on this First Street, NE., Washington, DC 20426, Regulatory Commission, 888 First application if no motion to intervene is a motion to intervene or a protest in Street, N.E., Washington, D.C. 20426, a filed within the time required herein, if accordance with the requirements of the motion to intervene or a protest in the Commission on its own review of Commission’s Rules of Practice and accordance with the requirements of the the matter finds that a grant of the Procedure (18 CFR 385.214 or 385.211) Commission’s Rules of Practice and certificate is required by the public and the Regulations under the Natural Procedure (18 CFR 385.214 or 385.211) convenience and necessity. If a motion Gas Act (18 CFR 157.10). All protest and the Regulations under the Natural for leave to intervene is timely filed or filed with the Commission will be Gas Act (18 CFR 157.10). All protests if the Commission on its own motion considered by it in determining the filed with the Commission will be believes that a formal hearing is appropriate action to be taken but will considered by it in determining the required, further notice of such hearing not serve to make the protestants parties appropriate action to be taken but will will be duly given. to the proceeding. Any person wishing not serve to make the protestants parties Under the procedure herein provided to become a party to a proceeding or to to the proceeding. The Commission’s for, unless otherwise advised, it will be participate as a party in any hearing rules require that protestors provide unnecessary for Williams to appear or therein must file a motion to intervene copies of their protests to the party or be represented at the hearing. in accordance with the Commission’s parties directly involved. Any person David P. Boergers, Rules. All persons who have heretofore wishing to become a party to a filed need not file again. proceeding or to participate as a party Secretary. David P. Boergers, in any hearing therein must file a [FR Doc. 99–10672 Filed 4–27–99; 8:45 am] Secretary. motion to intervene in accordance with BILLING CODE 6717±01±M [FR Doc. 99–10582 Filed 4–27–99; 8:45 am] the Commission’s Rules. A person obtaining intervenor status BILLING CODE 6717±01±M will be placed on the service list DEPARTMENT OF ENERGY maintained by the Secretary of the Federal Energy Regulatory DEPARTMENT OF ENERGY Commission and will receive copies of all documents filed by the applicant and Commission Federal Energy Regulatory by every one of the intervenors. An Notice of Application Accepted for Commission intervenor can file for rehearing of any Filing and Soliciting Motions To Commission order and can petition for [Docket No. CP99±316±000] Intervene and Protests court review of any such order. Williams Gas Pipelines Central, Inc.; However, an intervenor must submit April 22, 1999. Notice of Application copies of comments or any other filing Take notice that the following it makes with the Commission to every hydroelectric application has been filed April 21, 1999. other intervenor in the proceeding, as with the Commission and is available Take notice that on April 15, 1999, well as 14 copies with the Commission. for public inspection: Williams Gas Pipelines Central, Inc., A person does not have to intervene, a. Type of Application: Preliminary (Williams), formerly named Williams however, in order to have comments Permit. Natural Gas Company, P.O. Box 3288, considered. A person, instead, may b. Project No.: P–11704–000. Tulsa, Oklahoma, 74101, filed an submit two copies of comments to the c. Date filed: March 15, 1999. application pursuant to Section 7(b) and Secretary of the Commission. d. Applicant: Universal Electric Section 7(c) of the Natural Gas Act Commenters will be placed on the Power Corporation.

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e. Name of Project: Boyd Dam Hydro Street, Akron, Ohio 44301, (330) 535– Commission’s Rules may become a Project. 7115. A copy of the application may party to the proceeding. Any comments, f. Location: At the existing Boyd Dam also be viewed or printed by accessing protests, or motions to intervene must located on the East Branch of Fish the Commission’s website on the be received on or before the specified Creek, near the Towns of Point Rock, Internet at http://www.ferc.fed.us/ comment date for the particular Tabert, and West Leyden, Lewis County, online/rims.htm or call (202) 208–2222 application. New York. for assistance. Filing and Service of Responsive g. Filed Pursuant to: Federal Power n. Individuals desiring to be included Documents—Any filings must bear in Act, 16 U.S.C. §§ 791(a)–825(r). on the Commission’s mailing list should all capital letters the title h. Applicant Contact: Mr. Ronald S. so indicate by writing to the Secretary ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Feltenberger, Universal Electric Power of the Commission. TO FILE COMPETING APPLICATION’’, Corp., 1145 Highbrook Street, Akron, Preliminary Permit—Anyone desiring ‘‘COMPETING APPLICATION’’, Ohio 44301, (330) 535–7115. to file a competing application for ‘‘PROTEST’’, ‘‘MOTION TO i. FERC Contact: Ed Lee (202) 219– preliminary permit for a proposed INTERVENE’’, as applicable, and the 2808 or E-mail address at project must submit the competing Project Number of the particular [email protected]. application itself, or a notice of intent to application to which the filing refers. j. Deadline for filing motions to file such an application, to the Any of the above-named documents intervene and protest: 60 days from the Commission on or before the specified must be filed by providing the original issuance date of this notice. comment date for the particular and the number of copies provided by All documents (original and eight application (see 18 CFR 4.36). the Commission’s regulations to: The copies) should be filed with: David P. Submission of a timely notice of intent Secretary and an additional copy must Boergers, Secretary, Federal Energy allows an interested person to file the be sent to Director, Division of Project Regulatory Commission, 888 First competing preliminary permit Review, at the above-mentioned Street, NE, Washington, DC 20426. application no later than 30 days after address. A copy of any notice of intent, The Commission’s Rules and Practice the specified comment date for the competing application or motion to and Procedure require all intervenors particular application. A competing intervene must also be served upon each filing documents with the Commission preliminary permit application must representative of the Applicant to serve a copy of that document on conform with 18 CFR 4.32(a) and (b)(1). specified in the particular application. each person whose name appears on the Preliminary Permit—Any qualified Agency Comments—Federal, state, official service list for the project. development applicant desiring to file a and local agencies are invited to file Further, if an intervenor files comments competing development application comments on the described application. or documents with the Commission must submit to the Commission, on or A copy of the application may be relating to the merits of an issue that before a specified comment date for the obtained by agencies directly from the may affect the responsibilities of a particular application, either a Applicant. If an agency does not file particular resource agency, they must competing development application or a comments within the time specified for also serve a copy of the document on notice of intent to file such an filing comments, it will be presumed to that resource agency. application (see 18 CFR 4.36). have no comments. One copy of an k. This application is not ready for Submission of a timely notice of intent agency’s comments must also be sent to environmental analysis at this time. to file a development application allows the Applicant’s representatives. l. Description of Project: The proposed an interested person to file the run-of-river project would consist of the competing application no later than 120 David P. Boergers, following facilities: (1) an 83.5-foot-high days after the specified comment date Secretary. existing combination concrete gravity for the particular application. A [FR Doc. 99–10588 Filed 4–27–99; 8:45 am] and earth embankment dam; (2) a 210- competing license application must BILLING CODE 6717±01±M acre reservoir with pool elevation of conform with 18 CFR 4.32(a), (b), and 1280 feet msl; (3) two 180-foot-long steel (c). penstocks; (4) a new powerhouse to be Notice of intent—A notice of intent DEPARTMENT OF ENERGY constructed on the downstream side of must specify the exact name, business the dam housing two generating units address, and telephone number of the Federal Energy Regulatory for a total installed capacity of 2.6 prospective applicant, and must include Commission megawatts; (5) a new 4-mile-long, 14.7- an unequivocal statement of intent to Notice of Application Accepted for kilovolt transmission line; and (6) submit, if such an application may be Filing and Soliciting Motions to appurtenant facilities. The proposed filed, either a preliminary permit Intervene and Protests average annual generation is estimated application or a development to be 16 gigawatthours. The cost of the application (specify which type of April 22, 1999. studies under the permit will not exceed application). A notice of intent must be Take notice that the following $1,000,000. served on the applicant(s) named in this hydroelectric application has been filed m. Available Locations of public notice. with the Commission and is available Application: A copy of the application Comments, Protests, or Motions to for public inspection: is available for inspection and Intervene—Anyone may submit a. Type of Application: Preliminary reproduction at the Commission’s comments, a protest, or a motion to Permit. Public Reference and Files Maintenance intervene in accordance with the b. Project No.: P–11705–000. Branch, located at 888 North Capitol requirements of Rules of Practice and c. Date filed: March 15, 1999. Street, N.E., Room 2–A, Washington, Procedure, 18 CFR 385.210, .211 and d. Applicant: Universal Electric D.C. 20426, or by calling (202) 219– .214. In determining the appropriate Power Corporation. 1371. A copy is also available for action to take, the Commission will e. Name of Project: Rome Dam Hydro inspection and reproduction at consider all protests or other comments Project. Universal Electric Power Corp., Mr. filed, but only those who file a motion f. Location: At the existing Rome Dam Ronald S. Feltenberger, 1145 Highbrook to intervene in accordance with the located on the West Branch of Ausable

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River, near the Town of Ausable Forks, n. Individuals desiring to be included ‘‘COMPETING APPLICATION’’ Clinton and Essex Counties, New York. on the Commission’s mailing list should ‘‘PROTEST’’, ‘‘MOTION TO g. Filed Pursuant to: Federal Power so indicate by writing to the Secretary of INTERVENE’’, as applicable, and the Act 16 U.S.C. 791(a)–825(r). the Commission. Project Number of the particular h. Applicant Contact: Mr. Ronald S. Preliminary Permit—Anyone desiring application to which the filing refers. Feltenberger, Universal Electric Power to file a competing application for Any of the above-named documents Corp., 1145 Highbrook Street, Akron, preliminary permit for a proposed must be filed by providing the original Ohio 44301, (330) 535–7115. project must submit the competing and the number of copies provided by i. FERC Contact: Ed Lee (202) 2808 or application itself, or a notice of intent to the Commission’s regulations to: The E-mail address at [email protected]. file such an application, to the Secretary and an additional copy must j. Deadline for filing motions to Commission on or before the specified be sent to Director, Division of Project intervene and protest: 60 days from the comment date for the particular Review, at the above-mentioned issuance date of this notice. application (see 18 CFR 4.36). address. A copy of any notice of intent, All documents (original and eight Submission of a timely notice of intent competing application or motion to copies) should be filed with: David P. allows an interested person to file the intervene must also be served upon each Boergers, Secretary, Federal Energy competing preliminary permit representative of the Applicant Regulatory Commission, 888 First application no later than 30 days after specified in the particular application. Street, NE, Washington, DC 20426. the specified comment date for the Agency Comments—Federal, state, The Commission’s Rules of Practice particular application. A competing and local agencies are invited to file and Procedure require all intervenors preliminary permit application must comments on the described application. filing documents with the Commission conform with 18 CFR 4.32(a) and (b)(1). A copy of the application may be Preliminary Permit—Any qualified to serve a copy of that document on obtained by agencies directly from the development applicant desiring to file a each person whose name appears on the Applicant. If an agency does not file competing development application official service list for the project. comments within the time specified for must submit to the Commission, on or Further, if an intervenor files comments filing comments, it will be presumed to before a specified comment date for the or documents with the Commission have no comments. One copy of an particular application, either a agency’s comments must also be sent to relating to the merits of an issue that competing development application or a the Applicant’s representatives. may affect the responsibilities of a notice of intent to file such an particular resource agency, they must application (see 18 CFR 4.36). David P. Boergers, also serve a copy of the document on Submission of a timely notice of intent Secretary. that resource agency. to file a development application allows [FR Doc. 99–10589 Filed 4–27–99; 8:45 am] k. This application is not ready for an interested person to file the BILLING CODE 6717±01±M environmental analysis at this time. competing application no later than 120 l. Description of Project: The proposed days after the specified comment date run-of-river project would consist of the for the particular application. A DEPARTMENT OF ENERGY following facilities: (1) a 29-foot-high competing license application must existing concrete dam; (2) a 150 acre- conform with 18 CFR 4.32(a) (b), and Federal Energy Regulatory feet reservoir with pool elevation of 657 (c). Commission feet msl; (3) four 80-foot-long steel Notice of Intent—A notice of intent Notice of Application Accepted for penstocks; (4) a new powerhouse to be must specify the exact name, business Filing and Soliciting Comments, constructed on the downstream side of address, and telephone number of the Motions To Intervene, and Protests the dam housing four generating units prospective applicant, and must include for a total installed capacity of 7.75 an unequivocal statement of intent to April 22, 1999. megawatts; (5) a new 300-foot-long, submit, if such an application or a Take notice that the following 14.7-kilovolt transmission line; and (6) development application (specify which hydroelectric application has been filed appurtenant facilities. The proposed type of application). A notice of intent with the Commission and is available average annual generation is estimated must be served on the applicant(s) for public inspection: to be 46 gigawatt hours. The cost of the named in this public notice. a. Type of Application: Preliminary studies under the permit will not exceed Comments, Protests, or Motions to Permit. $1,500,000. Intervene—Anyone may submit b. Project No.: 11716–000. m. Available Locations at comments, a protest, or a motion to Application: A copy of the application intervene in accordance with the c. Date Filed: April 5, 1999. is available for inspection and requirements of Rules of Practice and d. Applicant: Universal Electric reproduction at the Commission’s Procedure, 18 CFR 385.210, .211 and Power Corporation. Public Reference and Files Maintenance .214. In determining the appropriate e. Name of Project: Brookville Lake Branch, located at 888 North Capitol action to take, the Commission will Dam Hydroelectric Project. Street, NE, Room 2–A, Washington, DC consider all protests or other comments f. Location: On the East Fork of the 20426, or by calling (202) 219–1371. A filed, but only those who file a motion Whitewater River near the town of copy is also available for inspection and to intervene in accordance with the Brookville, in Franklin County, Indiana. reproduction at Universal Electric Commission’s Rules may become a The project would utilize the U.S. Army Power Corp., Mr. Ronald S. party to intervene must be received on Corps of Engineers Brookville Lake Dam Feltenberger, 1145 Highbrook Street, or before the specified comment date for and reservoir. Akron, Ohio 44301, (330) 535–7115. A the particular application. g. Filed Pursuant to: Federal Power copy of the application may also be Filing and Service of Responsive Act, 16 U.S.C. §§ 791(a)–825(r). viewed or printed by accessing the Documents—Any filings must bear in h. Applicant Contact: Ronald S. Commission’s website on the Internet at all capital letters the title ‘‘COMMENT’’, Feltenberger, Universal Electric Power http://www.ferc.fed.us/online/rims.htm ‘‘NOTICE OF INTENT TO FILE Corporation, 1145 Highbrook Street, or call (202) 208–2222 for assistance. COMPETING APPLICATION’’, Akron, Ohio 44301, (330) 535–7115.

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i. FERC Contact: Tom Dean, Preliminary Permit—Any qualified Agency Comments—Federal, State, [email protected], 202–219– development application desiring to file and local agencies are invited to file 2778. a competing development application comments on the described application. j. Deadline for filing comments, must submit to the Commission, on or A copy of the application may be motions to intervene, and protests: 60 before a specified comment date for the obtained by agencies directly from the days from the issuance date of this particular application, either a Applicant. If an agency does not file notice. competing development application or a comments within the time specified for All documents (original and eight notice of intent to file such an filing comments, it will be presumed to copies) should be filed with: David P. application (see 18 CFR 4.36). have no comments. One copy of an Boergers, Secretary, Federal Energy Submission of a timely notice of intent agency’s comments must also be sent to Regulatory Commission, 888 First to file a development application allows the Applicant’s representatives. Street, NE, Washington, DC 20426. an interested person to file the David P. Boergers, The Commission’s Rules of Practice competing application no later than 120 Secretary. days after the specified comment date and Procedures require all intervenors [FR Doc. 99–10590 Filed 4–27–99; 8:45 am] for the particular application. A filing documents with the Commission BILLING CODE 6717±01±M to serve a copy of the document on each competing license application must person on the official service list for the conform with 18 CFR 4.32 (a), (b), and project. Further, if an intervenor files (c). DEPARTMENT OF ENERGY comments or documents with the Notice of intent—A notice of intent Commission relating to the merits of an must specify the exact name, business Federal Energy Regulatory issue that affect the responsibilities of a address, and telephone number of the Commission particular resource agency, they must prospective applicant, and must include also serve a copy of the document on an unequivocal statement of intent to Notice of Application Accepted for that resource agency. submit, if such an application may be Filing and Soliciting Comments, k. The project would be located at the filed, either a preliminary permit Motions To Intervene, and Protests existing U.S. Army Corps of Engineers application or a development application (specify which type of April 22, 1999. Brookville Lake Dam and would consist application). A notice of intent must be Take notice that the following of the following proposed facilities: (1) served on the applicant(s) named in this hydroelectric application has been filed A 220-foot-long, 108-inch-diameter public notice. with the Commission and is available penstock; (2) a powerhouse on the Comments, Protests, or Motions to for public inspection: tailrace side of the dam housing three Intervene—Anyone may submit a. Type of Application: Preliminary turbine generating units with a total comments, a protest, or a motion to Permit. installed capacity of 9.0 MW; (3) a 400- intervene in accordance with the b. Project No.: 11717–000. foot-long, 14.7 kV transmission line; and requirements of Rules of Practice and c. Date Filed: April 5, 1999. (4) other appurtenances. Procedure, 18 CFR 385.210, .211 and d. Applicant: Universal Electric Applicant estimates that the average .214. In determining the appropriate Power Corporation. annual generation would be 55,000 action to take, the Commission will e. Name of Project: Mississinewa Lake MWh and that the cost of the studies consider all protests or other comments Dam Hydroelectric Project. under the permit would be $2,000,000. filed, but only those who file a motion f. Location: On the Mississinewa l. A copy of the application is to intervene in accordance with the River near the town of Peru, in Miami available for inspection and Commission’s Rules may become a County, Indiana. The project would reproduction at the Commission’s party to the proceeding. Any comments, utilize the U.S. Army Corps of Engineers Public Reference Room, located at 888 protests, or motions to intervene must Mississinewa Lake Dam and reservoir. First Street, NE, Room 2A, Washington, be received on or before the specified g. Filed Pursuant to: Federal Power DC 20426, or by calling (202) 208–1371. comment date for the particular Act, 16 U.S.C. §§ 791(a)–825(r). This filing may be viewed on the web application. h. Applicant Contact: Ronald S. at http://www.ferc.fed.us/online/ Filing and Service of Responsive Feltenberger, Universal Electric Power rims.htm (call 202–208–2222 for Documents—Any filings must bear in Corporation, 1145 Highbrook Street, assistance). A copy is also available for all capital letters the title Akron, Ohio 44301, (330) 535–7115. inspection and reproduction at the ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT i. FERC Contact: Tom Dean, address in item h above. TO FILE COMPETING APPLICATION’’, [email protected], 202–219– Preliminary Permit—Anyone desiring ‘‘COMPETING APPLICATION’’, 2778. to file a competing application for ‘‘PROTEST’’, ‘‘MOTION TO j. Deadline for filing comments, preliminary permit for a proposed INTERVENE’’, as applicable, and the motions to intervene, and protests: 60 project must submit the competing Project Number of the particular days from the issuance date of this application itself, or a notice of intent to application to which the filing refers. notice. file such an application, to the Any of the above-named documents All documents (original and eight Commission on or before the specified must be filed by providing the original copies) should be filed with: David P. comment date for the particular and the number of copies provided by Boergers, Secretary, Federal Energy application (see 18 CFR 4.36). the Commission’s regulations to: The Regulatory Commission, 888 First Submission of a timely notice of intent Secretary and an additional copy must Street, NE, Washington, DC 20426. allows an interested person to file the be sent to Director, Division of Project The Commission’s Rules of Practice competing preliminary permit Review, at the above-mentioned and Procedures require all intervenors application no later than 30 days after address. A copy of any notice of intent, filing documents with the Commission the specified comment date for the competing application or motion to to serve a copy of the document on each particular application. A competing intervene must also be served upon each person on the official service list for the preliminary permit application must representative of the Applicant project. Further, if an intervenor files conform with 18 CFR 4.32 (a) and (b)(1). specified in the particular application. comments or documents with the

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Commission relating to the merits of an address, and telephone number of the ENVIRONMENTAL PROTECTION issue that affect the responsibilities of a prospective applicant, and must include AGENCY particular resource agency, they must an unequivocal statement of intent to [FRL±6332±2] also serve a copy of the document on submit, if such an application may be that resource agency. filed, either a preliminary permit Agency Information Collection k. The project would be located at the application or a development Activities: Continuing Collection; existing U.S. Army Corps of Engineers application (specify which type of Comment Request; Pre-award Mississinewa Lake Dam and would application). A notice of intent must be Compliance Review Report for all consist of the following proposed served on the applicant(s) named in this Applicants Requesting Federal facilities: (1) a 130-foot-long, 78-inch- public notice. Financial Assistance, Agency diameter penstock; (2) a powerhouse on Information Collection Activities up for the tailrace side of the dam housing two Comments, Protests, or Motions to Renewal turbine generating units with a total Intervene—Anyone may submit installed capacity of 3.0 MW; (3) a 800- comments, a protest, or a motion to AGENCY: Environmental Protection foot-long, 14.7 kV transmission line; and intervene in accordance with the Agency (EPA). (4) other appurtenances. requirements of Rules of Practice and ACTION: Notice. Applicant estimates that the average Procedure, 18 CFR 385.210, .211 and annual generation would be 18,000 .214. In determining the appropriate SUMMARY: In compliance with the MWh and that the cost of the studies action to take, the Commission will Paperwork Reduction Act (44 U.S.C. under the permit would be $1,000,000. consider all protests or other comments 3501 et seq.), this document announces l. A copy of the application is filed, but only those who file a motion that EPA is planning to submit the available for inspection and to intervene in accordance with the following continuing Information reproduction at the Commission’s Collection Request (ICR) to the Office of Public Reference Room, located at 888 Commission’s Rules may become a party to the proceeding. Any comments, Management and Budget (OMB): Pre- First Street, NE, Room 2A, Washington, award Compliance Review Report for all protests, or motions to intervene must DC 20426, or by calling (202) 208–1371. Applicants Requesting Federal be received on or before the specified This filing may be viewed on the web Financial Assistance, EPA ICR No. at http://www.ferc.fed.us/online/ comment date for the particular 0275.07, EPA Form 4700–4, OMB rims.htm (call 202–208–2222 for application. Control No. 2090–0014, expiration date assistance). A copy is also available for Filing and Service of Responsive 30 April 1999. Before submitting the inspection and reproduction at the Documents—Any filings must bear in ICR to OMB for review and approval, address in item h above. all capital letters the title EPA is soliciting comments on specific Preliminary Permit—Anyone desiring ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT aspects of the proposed information to file a competing application for TO FILE COMPETING APPLICATION’’, collections as described below. preliminary permit for a proposed ‘‘COMPETING APPLICATION’’, DATES: Comments must be submitted on project must submit the competing ‘‘PROTEST’’, ‘‘MOTION TO or before June 28, 1999. application itself, or a notice of intent to file such an application, to the INTERVENE’’, as applicable, and the ADDRESSES: Office of Civil Rights, Mail Commission on or before the specified Project Number of the particular Code 1201, U.S. EPA, Waterside Mall comment date for the particular application to which the filing refers. (WSM), 401 M Street, SW, Washington, application (see 18 CFR 4.36). Any of the above-named documents DC 20460. Interested parties may Submission of a timely notice of intent must be filed by providing the original receive a copy of the ICR without charge allows an interested person to file the and the number of copies provided by by writing to this address or by calling competing preliminary permit the Commission’s regulations to: The the Office of Civil Rights at (202) 260– application no later than 30 days after Secretary and an additional copy must 4575. the specified comment date for the be sent to Director, Division of Project FOR FURTHER INFORMATION CONTACT: particular application. A competing Review, at the above-mentioned Office of Civil Rights, at the above preliminary permit application must address. A copy of any notice of intent, address, by telephone at (202) 260– conform with 18 CFR 4.32(a) and (b)(1). competing application or motion to 4575, or by fax at (202) 260–4580. Preliminary Permit—Any qualified intervene must also be served upon each SUPPLEMENTARY INFORMATION: development applicant desiring to file a representative of the Applicant Affected entities: Entities potentially competing development application specified in the particular application. affected by this action are all grant and must submit to the Commission, on or loan applicants, including state, local Agency Comments—Federal, state, before a specified comment date for the and tribal governments, universities; particular application, either a and local agencies are invited to file associations, and non-profits, which competing development application or a comments on the described application. must complete a simple form with the notice of intent to file such an A copy of the application may be requested data when applying for application (see 18 CFR 4.36). obtained by agencies directly from the financial assistance. Submission of a timely notice of intent Applicant. If an agency does not file Title: Pre-award Compliance Review to file a development application allows comments within the time specified for Report for all Applicants Requesting an interested person to file the filing comments, it will be presumed to Federal Financial Assistance, EPA ICR competing application no later than 120 have no comments. One copy of an No. 0275.07, EPA Form 4700–4, OMB days after the specified comment date agency’s comments must also be sent to Control No. 2090–0014, expiration date for the particular application. A the Applicant’s representatives. 30 April 1999. competing license application must David P. Boergers, Abstract: The information request and conform with 18 CFR 4.32(a), (b), and Secretary. gathering is part of the requirement of 40 CFR part 7, ‘‘Nondiscrimination in (c). [FR Doc. 99–10591 Filed 4–27–99; 8:45 am] Notice of Intent—A notice of intent Programs Receiving Federal Assistance must specify the exact name, business BILLING CODE 6717±01±M from the Environmental Protection

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Agency,’’ at 40 CFR 7.80. The regulation for the proper performance of the Dated: April 20, 1999. implements statutes which prohibit functions of the agency, including Ann E. Goode, discrimination on the bases of race, whether the information will have Director, Office of Civil Rights. color, national origin, sex and handicap. practical utility; [FR Doc. 99–10628 Filed 4–27–99; 8:45 am] This information is also required, in (ii) Evaluate the accuracy of the BILLING CODE 6560±50±P part, by the Department of Justice agency’s estimate of the burden of the regulations, 28 CFR 42.406 and 28 CFR proposed collection of information, 42.407. The information is collected on including the validity of the ENVIRONMENTAL PROTECTION a short form from grant and loan methodology and assumptions used; AGENCY applicants as part of the application. The EPA Director of Civil Rights (iii) Enhance the quality, utility, and [FRL±6332±4] manages the data collection through a clarity of the information to be collected; and Regional Workshops on Performance- regional component or delegated state, Based Measurement System both of whom also carry out the data (iv) Minimize the burden of the analysis and make the recommendation collection of information on those who AGENCY: Environmental Protection on the respondent’s ability to meet the are to respond, including through the Agency (EPA). requirements of the regulation, as well use of appropriate automated electronic, ACTION: Notice of public meeting. as the respondent’s current compliance mechanical, or other technological with the regulation. The information collection techniques or other forms of SUMMARY: With the assistance of EPA, and analysis is of sufficient value for the information technology, e.g., permitting the Global Institute of Environmental Director to determine whether the electronic submission of responses. Scientists (GIES) will be holding a series applicant is in compliance with the Burden Statement: The form is part of of one-day workshops on implementing regulation. Analysis of the data allows the grant or loan application package. the Performance-Based Measurement EPA to determine: The information currently exists in the System (PBMS) approach to (1) Whether there appears to be respondent’s operation. The data environmental compliance monitoring. discrimination in the provision of collected on this form is compiled and The workshops are designed to assist program or activity services between the reported from the applicant’s existing the public in learning about this new minority and non-minority population. information. The information as regulatory initiative. This allows EPA to determine whether DATES: Workshops will be held in the any action is necessary by it before the gathered and reported on the form specifically applies to the grant or loan following cities: award of the grant or loan. • application. The only burden Philadelphia, PA, May 6, 1999. (2) Whether the respondent is • experienced by the respondent is that of Atlanta, GA, June 8, 1999. designing grant or loan financed • Kansas City, MO, June 9, 1999. facilities to be accessible to completing the form. The Agency’s past • experience has shown that it requires Seattle, WA, June 15, 1999. handicapped individuals or whether a • Las Vegas, NV, June 17, 1999. regulatory exemption is applicable. This one half-hour to complete the form. The FOR FURTHER INFORMATION CONTACT: allows EPA to determine whether form is usually completed by the Workshop arrangements are being made design changes are necessary prior to applicant’s packager or a clerk assistant. by GIES. For information on registration the award of the grant or loan, which The average salary range of the and hotel rates call the GIES can save the respondent a significant combined or single individual has coordinator, Sheila Way, at (202) 887– amount of money, e.g., ensuring a historically been about $30,000.00 per 0457 (email: [email protected]). If you have facility is accessible to the handicapped year. The Agency’s information comes questions regarding the conference is much less costly if this requirement from direct experience in carrying out program, contact the GIES Program is included in the design rather than the task. Therefore the capital cost 1 Coordinators, Jerry Parr at (303) 670– after construction has begun. would be $0 and the labor for ⁄2 hour (3) Whether the respondent receives would be about $7.21 per year. At about 7823 (email: [email protected]) or or has applied for financial assistance 13,100 applications per year, the total Anthony Pagliaro at (202) 887–5872 from other Federal agencies. This cost for all applicants combined would ([email protected]). information allows EPA to canvass these be about $94,300.00 per year. Burden SUPPLEMENTARY INFORMATION: In the other agencies to avoid conducting means total time, effort, or financial United States, historical approaches to duplicate compliance audits, reviews, or resources expended by persons to environmental compliance monitoring complaint investigations and is a generate, maintain, retain, or disclose, have: not fully capitalized on reduction of burden on respondents. or provide information to or for a opportunities to reduce the cost for Responses to the collection of Federal agency. This estimate includes laboratory analysis and compliance information are required to obtain a the time needed to review instructions; monitoring; may have served as barriers grant or loan and are kept on file by the develop, acquire, install, and utilize to the development and use of state distributing the funds. technology and systems for the purposes innovative, faster, less costly An Agency may not conduct or of collecting, validating, and verifying measurement technologies and sponsor, and a person is not required to information, processing and methods; and sometimes may have respond to, a collection of information maintaining information, and disclosing resulted in data of less than desired unless it displays a currently valid OMB and providing information; adjust the quality or defensibility. The United control number. The OMB control existing ways to comply with any States Environmental Protection Agency numbers for EPA’s regulations are listed previously applicable instructions and (EPA) plans to address some of these in 40 CFR part 9 and 40 CFR Chapter requirements; train personnel to be able problems by incorporating the 15. to respond to a collection of Performance Based Measurement The EPA would like to solicit information; search data sources; System (PBMS) into its regulatory comments to: complete and review the collection of programs. On October 6, 1997 (62 FR (i) Evaluate whether the proposed information; and transmit or otherwise 52098), EPA announced its plans to collection of information is necessary disclose the information. implement the PBMS approach to the

VerDate 26-APR-99 16:05 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.XXX pfrm03 PsN: 28APN1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices 22863 extent feasible in all of its media ENVIRONMENTAL PROTECTION particular, OPP is interested in learning programs. AGENCY the various opinions on the question of whether an AI originally registered at a PBMS is an approach where the [OPP±00580; FRL±6055±1] regulated facility may use any particular proportion of isomers should scientifically appropriate analytical Pesticides; Request for Comment on be subsequently registered as a new AI technique to demonstrate compliance Pesticide Registration Proposal for when purified for one or more (usually with regulatory levels. The facility, Isomeric Active Ingredients more chemically active) isomers. however, must demonstrate that their In the past the Agency has treated technique meets the performance AGENCY: Environmental Protection some purified isomeric compounds as requirements that have been established Agency (EPA). new formulations and some purified for the application. Under PBMS, the ACTION: Notice. isomeric compounds as new AI’s. regulations focus on the quality of data Examples of purified isomeric SUMMARY: This Federal Register notice needed for the particular program or compounds treated as new formulations solicits comments on how the Agency project (the system performance) rather are: Fluazifop butyl and fluazifop-p- should handle the registration of than on what measurement method butyl, fenoxaprop-ethyl and fenoxaprop- pesticide active ingredients (AI’s) that should be used (the technology). Where p-ethyl, 2,4-DP and 2,4-DP-p, and MCPP are composed of chemical isomers. In performance requirements can be met or to MCPP-p. Examples of purified particular the Agency intends to clarify exceeded by more than one method, isomeric compounds treated as new AI’s its approach on how it will determine PBMS allows selection of the least are: Metolachlor and alpha-metolachlor, whether a particular isomeric pesticide costly, simplest or most practical and metalaxyl and mefenoxam. Some is a new active ingredient or not. This method, limited only by the recent regulatory decisions caused the Federal Register notice describes issues programmatic data needs. Agency to re-evaluate its policy on associated with the registration of isomeric active ingredients. The workshops will explain how pesticide active ingredients that are The Agency is considering three PBMS will work and how it differs from composed of chemical isomers and how options: EPA’s current regulatory approach. you can submit your comments to the 1. To continue determining case by They will review what EPA is doing to Agency. case whether an isomeric compound is implement the change and the status of DATES: Written comments, identified by a new AI. these efforts under the various the docket control number ‘‘OPP– 2. To consider all purified isomeric regulatory programs. With PBMS, EPA 00580’’, must be received on or before compounds not as new AI’s but as new expects: improved data quality, reduced June 28, 1999. formulations. cost of compliance and enforcement ADDRESSES: Comments may be 3. To consider all purified isomeric monitoring, and stimulation of the submitted by mail, electronically, or in compounds as new active ingredients. development and use of new person. Please follow the detailed III. How Can I Get Additional technology. instructions for each method as Information or Copies of this Document The PBMS Regional Workshops have provided in Unit IV. of the or Other Documents? been designed to bring together ‘‘SUPPLEMENTARY INFORMATION’’ representatives of regulated industry, section of this notice. A. Electronic Availability commercial environmental laboratories, FOR FURTHER INFORMATION CONTACT: You may obtain electronic copies of state and federal regulators, and Alan Dixon, Registration Division this document from the EPA internet environmental consultants and (7505C), Office of Pesticide Programs, Home Page at http://www.epa.gov/. On contractors that they may better Environmental Protection Agency, 401 the Home Page select ‘‘Laws and understand EPA’s plans. M St., SW., Washington, DC 20460, Regulations’’ and then look up the entry Participants will obtain information Telephone: 703–305–7237, Fax: 703– for this document under the ‘‘Federal on: 305–6920, e-mail: [email protected]. Register - Environmental Documents.’’ • The status of EPA’s PBMS SUPPLEMENTARY INFORMATION: You can also go directly to the Federal implementation efforts; Register listings at http://www.epa.gov/ I. Does this Notice Apply to Me? • How PBMS can result in high fedrgstr/. You may be potentially affected by quality, legally defensible data; B. In Person or By Phone • this notice if you are applying for a Concepts of method validation, on- registration or amended registration of a If you have any questions or need going quality control and pesticide product that contains isomeric additional information about this action, documentation processes under PBMS; active ingredients and in particular a you may contact the technical person • How to audit laboratories who have product purified for one or more identified in the ‘‘FOR FURTHER implemented PBMS; (usually more chemically active) INFORMATION CONTACT’’ section. In • How PBMS will affect State isomers. If you have any questions addition, the official record for this regulatory agencies, the regulated regarding the applicability of this action notice, including the public version, has community, and laboratories; and to a particular entity, consult the been established under docket control number ‘‘OPP–00580’’. A public version • The cost of doing business under technical person listed in the ‘‘FOR of this record, including printed, paper PBMS. FURTHER INFORMATION CONTACT’’ section. versions of any electronic comments, Dated: April 22, 1999. which does not include any information Henry L. Longest II, II. Why is EPA Issuing this Notice? claimed as Confidential Business Deputy Assistant Administrator for The Office of Pesticide Program (OPP) Information (CBI), is available for Management, Office of Research and is soliciting comments on how the inspection in Rm. 119, Crystal Mall #2, Development. Agency should handle the registration 1921 Jefferson Davis Highway, [FR Doc. 99–10629 Filed 4–27–99; 8:45 am] of pesticide active ingredients that are Arlington, VA, from 8:30 a.m. to 4 p.m., BILLING CODE 6560±50±P composed of chemical isomers. In Monday through Friday, excluding legal

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Be approaches we haven’t considered, the by registering competing products. sure to identify the appropriate docket potential impacts of the various options 3. The public, growers, and control number, ‘‘OPP–00580’’, in your (including possible unintended environment stand to benefit from new correspondence. consequences), and any data or active ingredients if the pesticide is information that you would like the effective against pests that no other A. By Mail Agency to consider during the pesticide controls, and/or substantially development of the final action. You outperforms alternative pesticides, and/ Submit written comments to: Public may find the following suggestions or is safer for human health and the Information and Records Integrity helpful for preparing your comments: environment than alternative pesticides, Branch, Information Resources and • Explain your views as clearly as and/or is substantially less expensive Services Division (7502C), Office of possible. than alternative pesticides. Some Pesticide Programs, Environmental • Describe any assumptions that you purified isomeric mixtures may have Protection Agency, 401 M St., SW., used. these benefits. Washington, DC 20460. • Provide solid technical information 4. In some instances a purified B. In Person or By Courier and/or data to support your views. isomeric mixture may reduce • If you estimate potential burden or environmental burden by reducing the Deliver written comments to: Public costs, explain how you arrived at the total pesticide application rate. Take for Information and Records Integrity estimate. example the case of a 50–50 racemic Branch, Information Resources and • Tell us what you support, as well as mixture purified to 95 percent of the Services Division, Rm. 119, Crystal Mall what you disagree with. active isomer and 5 percent of the less #2, 1921 Jefferson Davis Highway, • Provide specific examples to active isomer and then applied at one- Arlington, VA. illustrate your concerns. half the rate. If both isomers present • Offer alternative ways to improve some risk concerns, the new C. Electronically the rule or collection activity. formulation would reduce the risk • Make sure to submit your comments Submit your comments and/or data associated with the product since there by the deadline in this notice. electronically by e-mail to: opp- is half the total pounds of product • At the beginning of your comments [email protected]. Do not submit any applied. On the other hand, if there is (e.g., as part of the ‘‘Subject’’ heading), information electronically that you little risk concern for the less active be sure to properly identify the consider to be CBI. Submit electronic isomer, only the environmental burden document you are commenting on. You comments as an ASCII file, avoiding the (pounds product applied) will be can do this by providing the docket use of special characters and any form reduced since there is half the total control number assigned to the notice, of encryption. Comments and data will pounds of product applied. along with the name, date, and Federal also be accepted on standard computer 5. The reduction in risk in for purified Register citation. disks in WordPerfect 5.1/6.1 or ASCII isomeric compounds may be negligible file format. All comments and data in B. Specific Issues for Your if there is little concern for the less electronic form must be identified by Consideration active isomer. In this case there is no change in the amount of the active the docket control number ‘‘OPP– In answering the specific questions in 00580’’. Electronic comments on this isomer (isomer of risk concern) applied. Unit VI.C., you might consider the For this instance, the risk of using the notice may also be filed online at many following: Federal Depository Libraries. purified isomeric mixture remains the 1. There are substantial benefits for essentially the same as the original V. How Should I Handle CBI the registration holder of a new active unpurified isomeric mixture. Information that I Want to Submit to ingredient. With a new active ingredient 6. There are other environmental the Agency? the registrant has 10 years exclusive use benefits from a significant reduction in of the data used to support the the total use of pesticides. The You may claim information that you chemical. In practice this likely environmental burden from submit in response to this document as amounts to several more years of transportation is reduced as is the CBI by marking any part or all of that exclusive distribution or sale of the environmental burden associated with information as CBI. Information so pesticide given the time it may take packaging and disposal. marked will not be disclosed except in subsequent applicants to develop their 7. Some companies have requested accordance with procedures set forth in own data. If potential follow-on and been granted reduced risk status for 40 CFR part 2. A copy of the comment applicants do not generate their own their purified isomeric compounds that does not contain CBI must be data this exclusive period is obviously citing arguments similar to items 4. and submitted for inclusion in the public much longer. 6. record. Information not marked 2. One of Congress’s intentions on 8. The Agency may determine that confidential will be included in the giving preferential status to data additional types of information on the public docket by EPA without prior submitted on new AI’s was to reward isomeric composition of active notice. If you have any questions about innovation that provides significant ingredients is necessary prior to CBI or the procedures for claiming CBI, benefits to agriculture, the environment, registration of the product. Information please consult with the technical person and the public. There may be cases that might be necessary could include: identified in the ‘‘FOR FURTHER where a modified isomeric mixture may • Isomers present and their INFORMATION CONTACT’’ section. truly be innovative and provide percentages.

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• Relative activity of each isomer. DATES: Written comments must be (4-methoxy-[1,1-biphenyl]-3-yl)-1 • Relative toxicology of each isomer submitted by May 28, 1999. methylethyl ester at 91.7%. Proposed (human health and environmental ADDRESSES: By mail, submit written classification/Use: None. For effects). comments identified by the document formulation into end-use miticides. • Relative environmental fate of each control number [OPP–30476] and the Notice of approval or denial of an isomer. file symbols to: Public Information and application to register a pesticide C. Specific Questions for Commenters Records Integrity Branch, Information product will be announced in the Resources and Services Division Federal Register. The procedure for 1. Under what circumstances should (7502C), Office of Pesticide Programs, requesting data will be given in the the Agency register an isomeric AI Environmental Protection Agency, 401 Federal Register if an application is purified for one or more (usually more M St., SW., Washington, DC 20460. In approved. chemically active isomers) as a new AI? person, bring comments to: Comments received within the 2. Under what circumstances should Environmental Protection Agency, Rm. specified time period will be considered the Agency not register an isomeric AI 119, CM #2, 1921 Jefferson Davis Hwy., before a final decision is made; purified for one or more (usually more Arlington, VA. comments received after the time chemically active isomers) as a new AI? Comments and data may also be specified will be considered only to the 3. What would be the advantages or submitted electronically to: opp- extent possible without delaying disadvantages to the regulated [email protected]. Follow the processing of the application. community, the Agency, growers, the instructions under ‘‘SUPPLEMENTARY environment, the general public, and INFORMATION.’’ No Confidential II. Public Record and Electronic other interest groups from your answer Business Information (CBI) should be Submissions to questions 1. and 2.? submitted through e-mail. 4. If isomerically purified AI’s were Information submitted as a comment The official record for this notice, as not treated as new AI’s but as new concerning this notice may be claimed well as the public version, has been formulations, what incentives could the confidential by marking any part or all established for this notice under docket Agency create to promote these of that information as CBI. Information number [OPP–30476] (including innovations? so marked will not be disclosed except comments and data submitted 5. What information might the Agency in accordance with procedures set forth electronically as described below). A need for initial and subsequent in 40 CFR part 2. A copy of the public version of this record, including registrations of isomeric AI’s? comment that does not contain CBI printed, paper versions of electronic 6. Under what circumstances should must be submitted for inclusion in the comments, which does not include any the Agency grant reduced risk pesticide public record. Information not marked information claimed as CBI, is available status to an isomeric AI purified for one confidential may be disclosed publicly for inspection from 8:30 a.m. to 4 p.m., or more (usually more chemically active by EPA without prior notice. The public Monday through Friday, excluding legal isomers)? docket is available for public inspection holidays. The official notice record is in Rm. 119 at the Virginia address given located at the address in ‘‘ADDRESSES’’ List of Subjects above, from 8:30 a.m. to 4 p.m., Monday at the beginning of this document. Environmental protection, Pesticides. through Friday, excluding holidays. Electronic comments can be sent directly to EPA at: Dated: April 19, 1999. FOR FURTHER INFORMATION CONTACT: By mail: George Tompkins, Registration [email protected] James Jones, Division (7505C), Office of Pesticide Director, Registration Division, Office of Programs, Environmental Protection Electronic comments must be Pesticide Programs. Agency, 401 M St., SW., Washington, submitted as an ASCII file avoiding the DC 20460. Office location, telephone [FR Doc. 99–10522 Filed 04–27–99; 8:45 am] use of special characters and any form number, and e-mail address: Rm. 203, BILLING CODE 6560±50±F of encryption. Comment and data will CM #2, 703–308–9397, e-mail: also be accepted on disks in [email protected]. Wordperfect 5.1/6.1 or ASCII file ENVIRONMENTAL PROTECTION I. Products Containing Active format. All comments and data in AGENCY Ingredients Not Included In Any electronic form must be identified by Previously Registered Products the docket number [OPP–30476]. [OPP±30476; FRL±6076±6] Electronic comments on this notice may 1. File Symbol: 400–UIR. Applicant: be filed online at many Federal Uniroyal Chemical, Inc., 74 Amity Road, Uniroyal Chemical Inc.; Applications to Depository Libraries. Register Pesticide Products Bethany, CT 06524–3402. Product Name: Floramite. Miticide. Active Authority: 7 U.S.C. 136. AGENCY: Environmental Protection ingredient: Bifenazate: hydrazine Agency (EPA). carboxylic acid, 2-(4-methoxy-[1,1- List of Subjects biphenyl]-3-yl)-1 methylethyl ester at ACTION: Notice. Environmental protection, Pesticides 50%. Proposed classification/Use: None. and pest, Product registration. SUMMARY: This notice announces receipt For use to control a variety of mite pests of applications to register pesticide on greenhouse, shadehouse, nursery, Dated: April 13, 1999. products containing new active field, landscape and interiorscape James Jones, ingredients not included in any grown ornamentals. previously registered products pursuant 2. File Symbol: 400–UIN. Applicant: Director, Registration Division, Office of Pesticide Programs. to the provisions of section 3(c)(4) of the Uniroyal. Product Name: Bifenazate Federal Insecticide, Fungicide, and Technical. Miticide. Active ingredient: [FR Doc. 99–10389 Filed 4–27–99; 8:45 am] Rodenticide Act (FIFRA), as amended. Bifenazate: hydrazine carboxylic acid, 2- BILLING CODE 6560±50±F

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EQUAL EMPLOYMENT OPPORTUNITY inspection at the Federal Reserve Bank Each notice is available for inspection COMMISSION indicated. The application also will be at the Federal Reserve Bank indicated. available for inspection at the offices of The notice also will be available for SES Performance Review Board the Board of Governors. Interested inspection at the offices of the Board of Members persons may express their views in Governors. Interested persons may express their views in writing on the AGENCY: Equal Employment writing on the standards enumerated in Opportunity Commission (EEOC). the BHC Act (12 U.S.C. 1842(c)). If the question whether the proposal complies proposal also involves the acquisition of with the standards of section 4 of the ACTION: Notice. a nonbanking company, the review also BHC Act. SUMMARY: Notice is hereby given of the includes whether the acquisition of the Unless otherwise noted, comments names of the members of the SES nonbanking company complies with the regarding the applications must be Performance Review Board of EEOC for standards in section 4 of the BHC Act. received at the Reserve Bank indicated FY 1998 and 1999. Unless otherwise noted, nonbanking or the offices of the Board of Governors FOR FURTHER INFORMATION CONTACT: activities will be conducted throughout not later than May 21, 1999. A. Federal Reserve Bank of New Patricia Cornwell Johnson, Director, the United States. York (Betsy Buttrill White, Senior Vice Office of Human Resources, Equal Unless otherwise noted, comments President) 33 Liberty Street, New York, Employment Opportunity Commission, regarding each of these applications New York 10045-0001, and Federal 1801 L Street, NW, Washington, DC, must be received at the Reserve Bank Reserve Bank of Chicago (Philip 20507, (202) 663–4306. indicated or the offices of the Board of Governors not later than May 24, 1999. Jackson, Applications Officer) 230 SUPPLEMENTARY INFORMATION: Pursuant South LaSalle Street, Chicago, Illinois A. Federal Reserve Bank of to the requirement of section 4314(c)(1), 60690-1413: Chapter 43 Title 5 U.S.C., membership Minneapolis (JoAnne F. Lewellen, 1. Barclays PLC and Barclays Bank of the SES Performance Review Board is Assistant Vice President) 90 Hennepin PLC, both of London, England; as follows: Ms. Gwendolyn Reams, Avenue, P.O. Box 291, Minneapolis, Bayerische Hypo- und Vereinsbank AG, Associate General Counsel, Appellate Minnesota 55480-0291: Munich, Germany; Deutsche Bank AG, Services, Equal Employment 1. First Interstate BancSystem, Inc., Frankfurt, Germany; and Stichting Opportunity Commission (Chairperson); Billings, Montana;to acquire 100 percent Prioriteit ABN AMRO Holding, Mr. Spencer H. Lewis, Director, New of the voting shares of Security State Stichting Administratiekantoor ABN York District Office, Equal Employment Bank Shares, Polson, Montana, and AMRO Holding, ABN AMRO Holding Opportunity Commission; Mr. Federico thereby indirectly acquire Security State N.V., and ABN AMRO Bank N.V., all of Costales, Director, Miami District Office, Bank and Trust Company, Polson, Amsterdam, The Netherlands Equal Employment Opportunity Montana. (collectively, Notificants) to engage de Commission; Ms. Peggy Mastrioanni, B. Federal Reserve Bank of Kansas novo in digital certification and data Associate Legal Counsel, Coordination City (D. Michael Manies, Assistant Vice processing and data transmission and Guidance Programs, Equal President) 925 Grand Avenue, Kansas activities, as described below. Employment Opportunity Commission City, Missouri 64198-0001: Notificants also propose to engage in (Alternate). 1. FirstBank Holding Company of activities that they maintain are Signed at Washington, D.C. on this 19th Colorado ESOP, Lakewood, Colorado, incidental to permissible digital day of April 1999. and FirstBank Holding Company of certification and data processing and For the Commission. Colorado, Lakewood, Colorado; to data transmission activities. Ida L. Castro, acquire 100 percent of the voting shares Notificants propose to acquire more than 5 percent of the outstanding voting Chairwoman. of FirstBank of Adams County, Thorton, Colorado. interests in Global Trust Organization, [FR Doc. 99–10569 Filed 4–27–99; 8:45 am] LLC, New York, New York (Company), BILLING CODE 6570±06±M Board of Governors of the Federal Reserve System, April 23, 1999. a de novo limited liability company. Robert deV. Frierson, Other investors in Company would include national banks and state Associate Secretary of the Board. FEDERAL RESERVE SYSTEM member banks. Company would serve [FR Doc. 99–10643 Filed 4–27–99; 8:45 am] as the rulemaking authority for a Formations of, Acquisitions by, and BILLING CODE 6210±01±F network of participating financial Mergers of Bank Holding Companies institutions (Network), which would include Notificants, future equity The companies listed in this notice FEDERAL RESERVE SYSTEM have applied to the Board for approval, investors in Company, and other pursuant to the Bank Holding Company Notice of Proposals to Engage in financial institutions that elect to Act of 1956 (12 U.S.C. 1841 et seq.) Nonbanking Activities or to Acquire participate in the Network (collectively, (BHC Act), Regulation Y (12 CFR Part Companies that are Engaged in Participants). The Network is designed 225), and all other applicable statutes Nonbanking Activities to allow Participants to certify and regulations to become a bank electronically the identity of parties holding company and/or to acquire the The companies listed in this notice conducting business or communicating assets or the ownership of, control of, or have given notice under section 4 of the electronically through the internet or the power to vote shares of a bank or Bank Holding Company Act (12 U.S.C. otherwise. Participants in the Network bank holding company and all of the 1843) (BHC Act) and Regulation Y (12 would, among other things, issue to banks and nonbanking companies CFR Part 225) to engage de novo, or to customers ‘‘digital certificates’’ that owned by the bank holding company, acquire or control voting securities or authenticate messages electronically including the companies listed below. assets of a company that engages either sent by the customer, and confirm the The applications listed below, as well directly or indirectly, in a nonbanking validity of digital certificates issued by as other related filings required by the activity. These activities will be Participants. Participants also may issue Board, are available for immediate conducted worldwide. warranties to customers who request

VerDate 26-APR-99 16:05 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.XXX pfrm03 PsN: 28APN1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices 22867 verification of digital certificates issued represent a determination by the Board except that some terms of members are by Participants, and post collateral to that the proposal meets, or is likely to staggered in order to spread term secure claims under any warranty meet, the standards of the BHC Act. The expiration dates. issued by the Participant. notices are available for immediate All terms now end on April 30 of the Company would develop, maintain, inspection at the Federal Reserve Banks year in which they expire. This year, the and enforce the rules governing the indicated above and at the offices of the terms of five of the original members operation of, and participation in, the Board of Governors. Any request for a will expire. Network, and provide other services hearing on the notices must be To fill the five impending vacancies, designed to facilitate the certification accompanied by a statement of reasons expand the Commission’s membership activities of Participants and operation explaining why a written presentation to 17, and to comply with the of the Network. These activities would would not suffice in lieu of a hearing, requirement for staggered terms, we include issuing digital certificates to identifying specifically any questions of announce the following seven Participants and maintaining a current fact that are in dispute, summarizing the appointments, effective May 1, 1999: database of digital certificates that have evidence that would be presented at a Beatrice S. Braun, M.D.; Floyd D. Loop, been issued. Company and Participants hearing, and indicating how the party M.D.; Janet Newport; Carol Raphael; and would engage in a wide range of data commenting would be aggrieved by Mary K. Wakefield, Ph.D.; to 3-year terms, processing and data transmission approval of the proposal. which expire April 30, 2002; Spencer activities in connection with their Johnson, to a 2-year term, which expires Board of Governors of the Federal Reserve proposed activities. A more complete April 30, 2001; and Donald T. ‘‘Ted’’ Lewers, System, April 23, 1999. description of the proposed activities of M.D., to a 1-year term, which expires April Company, Notificants, and other Robert deV. Frierson, 30, 2000. Participants is contained in the notices. Associate Secretary of the Board. David M. Walker, Section 4(c)(8) of the BHC Act [FR Doc. 99–10642 Filed 4–27–99; 8:45 am] Comptroller General of the United States. provides that a bank holding company BILLING CODE 6210±01±F [FR Doc. 99–10621 Filed 4–27–99; 8:45 am] may, with Board approval, engage in BILLING CODE 1610±02±U any activity that the Board has determined (by order or regulation) to GENERAL ACCOUNTING OFFICE be so closely related to banking or DEPARTMENT OF HEALTH AND Appointments to the Medicare managing or controlling banks as to be HUMAN SERVICES a proper incident thereto. The Board Payment Advisory Commission previously has determined that certain AGENCY: General Accounting Office. Office of the Secretary data processing and data transmission ACTION: Notice of appointments. services are closely related to banking Emergency Clearance: Public for purposes of section 4(c)(8) of the SUMMARY: The Balanced Budget Act of Information Collection Requirements BHC Act, pursuant to § 225.28(b)(14) of 1997 establishes the Medicare Payment Submitted to the Office of Management Regulation Y. Notificants contend that Advisory Commission, with members to and Budget (OMB) all of the proposed activities are so be appointed by the Comptroller In compliance with the requirements closely related to banking as to be a General. A recent amendment to the Act proper incident thereto, or are activities of section 3506(c)(2)(A) of the expanded the membership of the Paperwork Reduction Act of 1995, the that are incidental to permissible Commission from 15 to 17. This notice activities, pursuant to § 225.21(a)(2) of Department of Health and Human announces five appointments to fill the Services (DHHS), has submitted to the Regulation Y. vacancies occurring this year, and two In determining whether the proposal Office of Management and Budget appointments to carry out the (OMB) the following request for satisfies the proper incident to banking expansion. standard of section 4(c)(8) of the BHC emergency review. We are requesting an DATES: Act, the Board must consider whether Appointments effective May 1, emergency review because the consummation of the proposal can 1999. collection of this information is needed ‘‘reasonably be expected to produce ADDRESSES: The General Accounting prior to the expiration of the normal benefits to the public, such as greater Office is at 441 G St. NW, Washington, time limits under OMB’s regulations at convenience, increased competition, or DC 20548. The Office of the Chairman 5 CFR Part 1320 and is essential to the gains in efficiency, that outweigh of the Medicare Payment Advisory mission of the Department. The possible adverse effects, such as undue Commission is at Suite 800, 1730 K St., Balanced Budget Act of 1997 authorized concentration of resources, decreased or NW, Washington DC 20006. the Department of Labor (DoL) to unfair competition, conflicts of FOR FURTHER INFORMATION CONTACT: implement a new grant program to fund interests, or unsound banking General Accounting Office: Paul T. state and local efforts to get the hardest- practices.’’ 12 U.S.C. 1843(c)(8). Wagner, 202–512–7257; Medicare to-serve welfare recipients into Notificants contend that consummation Payment Advisory Commission: Murray employment. The statute directs the of the proposal will facilitate the N. Ross, 202–653–7220. Secretary of the Department of Health development of electronic commerce SUPPLEMENTARY INFORMATION: This and Human Services, in consultation and will have a beneficial effect on announces the appointment of seven with the Secretary of Labor and the competition for identity certification members of the Medicare Payment Secretary of Housing and Urban and related services. Advisory Commission, effective May 1, Development, to develop a plan to In publishing the proposal for 1999. evaluate how Welfare-to-Work (WtW) comment, the Board does not take a The Commission originally comprised grants to states and tribes have been position on the issues raised by the 15 members, appointed by the used. An interim evaluation report is proposal. Notice of the proposal is Comptroller General. A recent due to Congress by January 1, 1999, and published solely to seek the views of amendment expanded the membership a final report is due by January 1, 2001. interested persons on the issues of the Commission to 17. Members are Implementation of the WtW programs presented by the proposal and does not generally appointed to 3-year terms, among grantees has proven slower than

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Following normal clearance on respondents, including through the measurable, long-range 5 A Day for procedures would affect later phases of use of automated collection techniques Better Health projects in a specific contract work and cause delays in the or other forms of information community channel (e.g., supermarkets, delivery of future reports. technology. schools, etc.). DHHS is requesting that OMB grant Written comments and 180 day emergency approval by May 14, recommendations for the proposed C. Availability of Funds 1999. information collections should be Approximately $535,000 is available Title and Description of Information immediately sent directly to the OMB in FY 1999, to fund approximately 7 Collection: Site Visit Protocols for the Desk Officer designated at the following awards. It is expected that the average Multi-site Evaluation of the Welfare-to- address: OMB Human Resources and award will be $75,000, ranging from Work Grants Program—NEW—As Housing Branch, Attention: Allison $55,000 to $90,000. It is expected that required by the Balanced Budget Act of Eydt, New Executive Office Building, the awards will begin on or about 1997, DHHS is conducting an evaluation Room 10235, Washington, DC 20503. September 30, 1999, and will be made of the effectiveness of welfare-to-work Comments may be faxed to Ms. Eydt at for a 12-month budget period within a initiatives undertaken through 202–395–5167. project period of up to 1 year. Funding competitive and formula grants awarded Please send a copy of your comments estimates may change. by the US Department of Labor (DoL). to Cynthia Agens Bauer, OS Reports Recipient Financial Participation DHHS’ Office of the Assistant Secretary Clearance Officer, Room 503H, for Planning and Evaluation, in Humphrey Building, 200 Independence Awards under this announcement conjunction with DoL and the US Avenue SW, Washington, DC, 20201. will not be sufficient to fully support an Department of Housing and Urban applicant’s proposed activities, but are Dated: April 21, 1999. Development (HUD), has designed an meant to be used in conjunction with evaluation that will involve several Dennis P. Williams, other resources—whether direct funding rounds of data collection from grantees, Deputy Assistant Secretary, Budget. or in-kind contributions—that the affiliated agencies and grant program [FR Doc. 99–10568 Filed 4–27–99; 8:45 am] applicant may have available. participants. The information collection BILLING CODE 4150±04±M instruments in this request for OMB D. Program Requirements approval consist of discussion protocols Applicants should propose an and focus group guides for site visits to DEPARTMENT OF HEALTH AND evaluation plan for a clearly defined, WtW grantees that are part of the core HUMAN SERVICES established, long-range effort (e.g., evaluation’s process and sustainable after program funding under implementation analysis, and protocols Centers for Disease Control and this announcement ends) in one or more for the tribal component of the Prevention specific community channels in evaluation. Respondents: State, Local, or [Program Announcement 99088] accordance with the following Tribal Governments, Not-for-profit definitions: Institutions; Burden Information for the State Grants To Support the Evaluation Discussion Protocols—Number of of 5 A Day Nutrition Programs; Notice 1. Clearly Defined Objectives Respondents: 300; Number of Responses of Availability of Funds Intervention objectives are clearly per Respondent: one; Average Burden stated; activities necessary to per Response: one hour; Total Burden A. Purpose accomplish objectives are described, to for Discussion Protocols: 300 hours— The Centers for Disease Control and include who is responsible for each Burden Information for Focus Groups— Prevention (CDC) in partnership with activity and when they will be Number of Respondents: 360; Number the National Cancer Institute (NCI) accomplished; and work is done within of Responses per Respondent: one; announces the availability of fiscal year a specific channel with a defined target Average Burden per Response: 1.5 (FY) 1999 funds for a grant program to audience. hours; Total Burden for Focus Groups: support the evaluation of 5 A Day 540 hours. Burden Information for the Nutrition Programs. This program 2. Established 5 A Day Program Tribal Evaluation Instruments—Number addresses the ‘‘Healthy People 2000’’ The applicant has a developed, of Respondents: 220; Number of priority area of Nutrition (please see ongoing 5 A Day Program. Evaluating Responses per Respondent: one; background section included in pretested or piloted interventions is Average Burden per Response: .86 hour; appendix). desirable. Total Burden for Tribal Evaluation The purpose of the program is to 3. Evaluation Plan Instruments: 190 hours. Total Burden: support State efforts to evaluate 5 A Day 1,030 hours. nutrition intervention programs. Clear, measurable evaluation To request more information or a copy objectives and expected outcomes are of the proposed data collection, please B. Eligible Applicants defined with appropriate statistical contact Alana Landey on 202–401–6636. Eligible applicants are the official power. Use of current theoretical Comments are invited on: (a) Whether public health agencies of States or their frameworks to guide the evaluation the proposed collection of information bona fide agents. This includes the study is desirable. A combination of is necessary for the proper performance District of Columbia, American Samoa, process and impact objectives is also of the functions of the agency, including the Commonwealth of Puerto Rico, the desirable, with outcome objectives whether the information shall have Virgin Islands, the Federated States of where feasible. In designing the study, practical utility; (b) the accuracy of the Micronesia, Guam, the Northern consideration should be given to the

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If the appropriate design of time of the current project. expertise does not exist within the State copies of approved protocols or notation health department, inclusion of an 2. Program Plan of the institutional review committee that will review the project. Should organization with the necessary design Provide a realistic, time phased, and human subjects review be required, the expertise on the project team, such as a specific work plan including evaluation proposed work plan should incorporate university affiliate, is recommended. goals, objectives, methods, and time lines for such development and outcomes to be achieved during the 12- 4. Long Range Sustainability review activities. month period; and a clear plan to The program is not just a single evaluate the current long-range effort in 5. Women, Racial, and Ethnic Minorities activity at one point in time, but a particular channel or channels and sustained effort and on-going program Describe and provide for the inclusion assess the impact of those activities with plans involving appropriate behavior of women, ethnic, and racial groups in measures of process and outcomes change strategies that are capable of the proposed research to include: related to the targeted audience. continuing after funding under this a. The proposed plan for the inclusion Examples of potential evaluation announcement ends. Programs of both sexes and racial and ethnic projects might include but are not including environmental approaches minority populations for appropriate limited to the following: and administrative changes are representations. a. Evaluation of the process and encouraged. b. The proposed justification when impact of instituting a community representation is limited or absent. 5. Program Emphasis Will be Placed on neighborhood 5 A Day project targeting c. A statement whether the design of (a) Evaluation of a community for example minority, elderly, youth, or the study is adequate to measure intervention’s impact on knowledge, low-income groups and its effect on differences when warranted. perceived barriers, attitudes, beliefs, attitude, awareness and behavioral 6. Budget change in minority-based population dietary behaviors and fruit and groups (such as elderly, young children vegetable consumption. Provide a detailed budget and line- or low-income groups, and ethnic b. Evaluation of innovative item justification that is consistent with groups such as, but not exclusive to, measurement techniques appropriate for the stated objectives, purpose, and American Indians, Asians, Pacific targeted minority audiences and their planned activities of the project. (Not to Islanders, African Americans or perceptions/response to the current 5 A be counted as part of the 10 page Hispanics) which have low fruit and Day Program recommendations of 5 to 9 narrative.) An original and two copies of the vegetable intakes or have a servings of fruits and vegetables daily. application are required. Pages should disproportionately greater risk for c. Evaluate the impact of a 5 A Day be numbered, and an index to the cancer; media and/or education campaign on (b) Testing the effects of culturally knowledge, attitudes, and behaviors of application and appendix must be sensitive and linguistically appropriate targeted minority community members, included. The original and each copy of strategies within a community with a focus on issues of awareness the application must be submitted intervention designed to increase the translating to action/behavioral stages of unstapled and unbound. Materials that consumption of fruits and vegetables in change and changes in fruit and should be part of the basic plan will not minority population subgroups and vegetable consumption. (e.g. food be accepted if placed in the appendix. promote other related lifestyle behaviors assistance program like Women Infant Appendix material should not exceed which are recognized covariates that Children (WIC) or other community- 25 pages. Please do not include reports influence fruit and vegetable based program combined with a media (or portions thereof), journal articles, consumption; or intervention). mass media articles, or presentations of (c) Evaluation of communication d. Evaluate an intervention that national statistical data. channels (radio, tv, print media) which promotes healthy dietary choices (5 A F. Submission and Deadline target the specific minority population Day) and physical activity in a defined subgroups identified as part of 5 A Day- community setting with a focus on the Application based community intervention effect of affiliated environmental Submit the original and two copies of campaigns. change(s) on behavior. CDC Form 0.1246(E). Forms are in the application kit. On or before June 28, E. Application Content 3. Capacity 1999, submit the application to: Lucy Use the information in the Program Document the expertise of the Picciolo, Grants Management Specialist, Requirements, Other Requirements, and evaluation team by including the Grants Management Branch, Evaluation Criteria sections to develop curriculum vitae (limited to 1 page Procurement and Grants Office, the application content. Your attachment per person) for key members Announcement 99088, Centers for application will be evaluated on the of the team. If sufficient evaluation Disease Control and Prevention (CDC), criteria listed, so it is important to expertise is not available in the State 2920 Brandywine Road, Room 3000, follow them in laying out your program health department, States are strongly Atlanta, Georgia 30341–4146. plan. The narrative should be no more encouraged to work with an academic Deadline: Applications shall be than 10 double-spaced pages, printed on institution in the design, data collection, considered as meeting the deadline if one side, with one inch margins, and and analysis activities for this they are either: unreduced font and must contain the evaluation. For interventions involving (a) Received on or before the deadline following information: administrative changes, describe the date; or

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(b) Sent on or before the deadline date on the adequacy of protections include: AR–9 Paperwork Reduction Act and received in time for submission to (1) Protections appear adequate and Requirements the review panel. (Applicants must there are no comments to make or AR–10 Smoke-Free Workplace request a legibly dated U.S. Postal concerns to raise, (2) protections appear Requirements Service postmark or obtain a legibly adequate, but there are comments dated receipt from a commercial carrier regarding the protocol, (3) protections AR–11 Healthy People 2000 or U.S. Postal Service. Private metered appear inadequate and there are AR–12 Lobbying Restrictions postmarks shall not be acceptable as concerns related to human subjects, or proof of timely mailing.) (4) disapproval of the application is I. Authority and Catalog of Federal Late Applications: Applications recommended because the research Domestic Assistance Number which do not meet the criteria in (a) or risks are sufficiently serious and This program is authorized under (b) above are considered late protection against the risks are section 301 (a) and 317(k)(2) [42 U.S.C. applications, will not be considered, inadequate as to make the entire 241 (a) and 247b (k)(2)] of the Public and will be returned to the applicant. application unacceptable. Health Service Act, as amended. The Does the application adequately G. Evaluation Criteria Catalog of Federal Domestic Assistance address the requirements of Title 45 number is 93.283. Each application will be evaluated CFR Part 46 for the protection of human individually against the following subjects? J. Where to Obtain Additional criteria by an independent review group llYes llNo Information appointed by CDC. Comments: lllllllllllllll Applications will be reviewed and Please refer to Program evaluated according to the following 6. Budget: (Not Weighted) Announcement [99088] when you criteria: request information. For a complete The extent to which the applicant program description, information on 1. Background: (25 Points) provides a detailed budget and line-item application procedures and business justification that is consistent with the The degree to which the applicant management assistance, contact: Lucy evaluation plan. clearly describes a long-range, clearly Picciolo, Grants Management Specialist, defined, measurable project, including a H. Other Requirements Grants Management Branch, description of the intervention targeted Procurement and Grants Office, population, method, and community Technical Reporting Requirements Announcement 99088, Centers for channel(s). Provide CDC with original plus two Disease Control and Prevention (CDC), copies of 2920 Brandywine Road, Room 3000, 2. Program Plan: (40 Points) 1. Annual progress report; The Atlanta, GA 30341–4146, Telephone The adequacy of the applicant’s plan progress reports must include the (770) 488–2757, Email address to carry out the evaluation within the following for each program, function, or [email protected]. 12-month time period, including the activity involved: (1) A comparison of See also the CDC home page on the specific objectives, methods, and the actual accomplishments to the goals Internet in order to find information on measures to be used in the evaluation. established for the period; (2) the application procedures and an 3. Capacity: (30 Points) reasons for slippage if established goals application package: http:// were not met; and (3) other pertinent www.cdc.gov. The capabilities of the personnel information including, when (including consultants where appropriate, analysis and explanation of For program technical assistance, appropriate) to carry out the evaluation. unexpectedly high costs for contact: Sarah Kuester, MS, RD, Public performance. Health Nutritionist, Division of 4. Women, Racial, and Ethnic Minorities Nutrition and Physical Activity, (5 Points) 2. Financial status report, no more than 90 days after the end of the budget National Center for Chronic Disease The degree to which the applicant has period; and Prevention and Health Promotion, met the CDC Policy requirements Centers for Disease Control and 3. Final financial status and regarding the inclusion of women, Prevention (CDC), 3005 Chamblee- performance reports, no more than 90 ethnic, and racial groups in the Tucker Road, Room 5157, Atlanta, GA, days after the end of the project period. proposed research. 30341–4133, Telephone (770) 488–6019, Send all reports to: Lucy Picciolo, This includes: Fax (770) 488–6000, Email address: Grants Management Specialist, Grants a. The proposed plan for the inclusion [email protected]. Management Branch, Procurement and of both sexes and racial and ethnic Grants Office, Centers for Disease To receive additional written minority populations for appropriate Control and Prevention (CDC), 2920 information and to request an representations. Brandywine Road, Room 3000, Atlanta, application kit, call 1–888–GRANTS4 b. The proposed justification when GA 30341–4146. (1–888–472–6874). You will be asked to representation is limited or absent. The following additional leave your name and address and will c. A statement whether the design of requirements are applicable to this be instructed to identify the the study is adequate to measure program. For a complete description of Announcement number of interest. differences when warranted. each, see Attachment I in the Dated: April 22, 1999. 5. Human Subjects: (Not Weighted) application kit. John L. Williams, Whether or not exempt from the AR–1 Human Subjects Requirements Director, Procurement and Grants Office, Department of Health and Human AR–2 Requirements for Inclusion of Centers for Disease Control and Prevention Services (HHS) regulations, are Women and Racial and Ethnic (CDC). procedures adequate for the protection Minorities in Research [FR Doc. 99–10616 Filed 4–27–99; 8:45 am] of human subjects? Recommendations AR–7 Executive Order 12372 Review BILLING CODE 4163±18±P

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DEPARTMENT OF HEALTH AND proposal to adopt several less restrictive HCFA. The deficiencies described above HUMAN SERVICES Medicaid financial eligibility left HCFA no choice but to recommend methodologies for the group of low disapproval of Minnesota SPA 98–10. Health Care Financing Administration income families with children under The notice to Minnesota announcing section 1931 of the Social Security Act an administrative hearing to reconsider Notice of Hearing: Reconsideration of comports with the requirements of the disapproval of its SPA reads as Disapproval of Minnesota State Plan section 1902(a)(17)of the Act that a state follows: Amendment (SPA) 98±10 use reasonable standards which are Mary B. Kennedy, State Medicaid Director, AGENCY: Health Care Financing comparable for all groups in Assistant Commissioner Health Care Administration (HCFA), HHS. determining eligibility for and the Administration, Minnesota Department amount of medical assistance. of Health Services, 444 Lafayette Road ACTION: Notice of hearing. Specifically, the State proposed to North, Saint Paul, Minnesota 55155. SUMMARY: This notice announces an disregard earned income and resources Dear Ms. Kennedy: I am responding to your administrative hearing on June 9, 1999; used to determine a grant under the request for reconsideration of the decision to disapprove Minnesota State Plan 10:00 a.m.; Twenty-First floor; 105 W. Temporary Assistance for Needy Families (TANF) program. If these Amendment (SPA) 98–10. The issue is the Adams Street; Chicago, Illinois 60603 to State’s proposal to adopt several less reconsider our decision to disapprove proposals mean that the types of income restrictive methodologies for the group of low Minnesota State Plan Amendment (SPA) and resources which TANF would income families with children eligible under 98–10. count will be disregarded in Section 1931 of the Social Security Act. determining the eligibility of all CLOSING DATE: Requests to participate in Specifically, the State proposed to the hearing as a party must be received individuals under Section 1931, HCFA disregard earned income and resources used would have no objections. However, in determining a grant under the Temporary by the presiding officer by May 13, Assistance for Needy Families (TANF) 1999. HCFA understands that the intent of these provisions was to disregard the program. If these proposals mean that the FOR FURTHER INFORMATION CONTACT: earned income and resources only in types of income and resources which TANF would count will be disregarded in Stanley Katz, Hearings Officer, HCFA, situations in which the family receives C1–09–13, 7500 Security Boulevard, determining the eligibility of all individuals a TANF grant. Given this under section 1931, HCFA would have no Baltimore, Maryland 21244, Telephone: understanding, these proposed (410)–786–2661 objections. However, HCFA understands that disregards are not in accordance with the intent of these provisions is to disregard SUPPLEMENTARY INFORMATION: This Federal law. HCFA concluded that these the earned income and the resources only in notice announces an administrative provisions violate the requirement in situations in which the family receives a hearing to reconsider HCFA’s decision Section 1902 (a)(17). TANF grant. Given this understanding, these to disapprove Minnesota State Plan Section 1931(b)(2)(C)of the Act proposed disregards are not in accordance Amendment 98–10 submitted March 30, permits a State to use less restrictive with Federal law. These provisions violate 1998. income and resource methodologies in the requirement in section 1902(a)(17) that Section 1116 of the Social Security all individuals in a group be subject to determining eligibility than it used comparable standards for determining Act (the Act) and 42 CFR Part 430 under its Aid to Families with eligibility. establish Department procedures that Dependent Children (AFDC) State plan Section 1931(b)(2)(C) of the Act permits a provide an administrative hearing for in effect on July 16, 1996. Nevertheless, State to use less restrictive income and reconsideration of a disapproval of a HCFA believes this language must be resource methodologies in determining State plan or plan amendment. These read in context of other title XIX eligibility than it used under its Aid to requirements are made applicable under requirements rather than in a vacuum. Families with Dependent Children (AFDC) Title XIX. The Health Care Financing Therefore, the requirements of section State plan in effect on July 16,1996. Administration (HCFA) is required to 1902 (a)(17) apply.This section requires Nevertheless, this language must be read in publish a copy of the notice to the State context of other title XIX requirements rather States to have reasonable standards for than in a vacuum. The comparability that informs the State of the time and determining eligibility for Medicaid requirements of Section 1902(a)(17) must place of the hearing and the issues to be assistance which are ‘‘comparable for all apply. This section requires States to have considered. If we subsequently notify groups.’’ A disregard which treats the reasonable standards for determining the State of additional issues that will same types of income or the same eligibility for Medicaid assistance which are be considered at the hearing, we will amounts of resources differently ‘‘comparable for all groups.’’ A disregard also publish that notice. whether or not an individual which treats the same types of income or the Any individual or group that wants to participates in the TANF program, does same amounts of resources differently participate in the hearing as a party not result in comparable treatment of whether or not an individual participates in must petition the presiding officer income and resources for all individuals the TANF program, does not result in within 15 days after publication of this comparable treatment of income and under the 1931 group. If two individuals resources for all individuals under the 1931 notice, in accordance with the have identical amounts of income from group. If two individuals have identical requirements contained at 42 CFR the same source, that income would be amounts of income from the same source, 430.76(b)(2). Any interested person or counted in determining the eligibility of that income would be counted in organization that wants to participate as an individual who applied only for determining the eligibility of an individual amicus curiae must petition the Medicaid but would be disregarded if who applied only for Medicaid but would be presiding officer before the hearing the individual received a TANF grant in disregarded if the individual received a begins in accordance with the addition to applying for Medicaid. This TANF grant in addition to applying for requirements contained at 42 CFR does not comport with the Medicaid. This does not comport with the 430.76(c). If the hearing is later comparability requirements of Section comparability requirements of section 1902(a)(17). Therefore, the proposal to rescheduled, the presiding officer will 1902(a)(17). Therefore, the proposal to disregard earned income used in determining notify all participants. disregard earned income used in a TANF grant and to disregard resources used Minnesota submitted this State Plan determining a TANF grant and to in determining a TANF grant was Amendment (SPA) on March 30, 1998. disregard resources used in determining disapproved by HCFA. The deficiencies The issue is whether the State’s a TANF grant was disapproved by described above left HCFA no choice but to

VerDate 26-APR-99 16:25 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.XXX pfrm02 PsN: 28APN1 22872 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices recommend disapproval of Minnesota SPA DATES: The meeting is scheduled for Robert Berenson, M.D., Director, Center 98–10. May 13, 1999, from 10 a.m. until 4 p.m. for Health Plans and Providers, HCFA; I am scheduling a hearing on your request ADDRESSES: The meeting will be held at John Bertko, CEO and Senior Actuary, for reconsideration to be held on June 9, 1999 the Ramada Hotel at the Metropolitan PM-Squared Inc.; Dave Durenberger, on the Twenty-First Floor; 105 W. Adams Senior Health Policy Fellow, University Street; Chicago, Illinois 60603. If this date is Airport in Detroit, 8270 Wickham Road, not acceptable, we would be glad to set Romulus, Michigan 48174, (734) 729– of St. Thomas and Founder of Public another date that is mutually agreeable to the 6300. Policy Partners; Gary Goldstein, M.D., parties. The hearing will be governed by the FOR FURTHER INFORMATION CONTACT: CEO, The Oschner Clinic; Samuel procedures prescribed at 42 CFR, part 430. Sharon Arnold, Ph.D., Executive Havens, Healthcare Consultant and I am designating Mr. Stanley Katz as the Director, Competitive Pricing Advisory Chairman of Health Scope/United; presiding officer. If these arrangements Committee, Health Care Financing Margaret Jordan, President and CEO, present any problems, please contact the Administration, 7500 Security The Margaret Jordan Group; Chip Kahn, presiding officer. In order to facilitate any CEO, The Health Insurance Association communication which may be necessary Boulevard C4–14–17, Baltimore, Maryland 21244–1850, (410) 786–6451. of America; Cleve Killingsworth, between the parties to the hearing, please President, Health Alliance Plan; Nancy notify the presiding officer to indicate SUPPLEMENTARY INFORMATION: Section Kichak, Director, Office of Actuaries, acceptability of the hearing date that has 4011 of the Balanced Budget Act of been scheduled and provide names of the Office of Personnel Management; Len 1997, (BBA) (Public Law 105–33) Nichols, Principal Research Associate, individuals who will represent the State at requires the Secretary of the Department the hearing. The presiding officer may be The Urban Institute; Robert Reischauer, of Health and Human Services (the reached at (410)-786–2661. Senior Fellow, The Brookings Institute; Sincerely, Secretary) to establish a demonstration John Rother, Director, Legislation and Nancy-Ann Min DeParle, project under which payments to Public Policy, American Association of Medicare+Choice organizations in Administrator. Retired Persons; Andrew Stern, designated areas are determined in President, Service Employees (Section 1116 of the Social Security Act (42 accordance with a competitive pricing U.S.C. section 1316); 42 CFR section 430.18) International Union, AFL–CIO; and Jay methodology. Section 4012(a) of the Wolfson, Director, The Florida (Catalog of Federal Domestic Assistance BBA requires the Secretary to appoint a Program No. 13.714, Medicaid Assistance Information Center, University of South Program) Competitive Pricing Advisory Florida. The Chairperson of the CPAC is Committee (the CPAC) to meet Dated: April 22, 1999. James Cubbin and the Co-Chairperson is periodically and make Nancy Ann Min DeParle, Robert Berenson, M.D. recommendations to the Secretary The agenda for May 13, 1999, CPAC Administrator, Health Care Financing concerning the designation of areas for Administration. meeting will include— inclusion in the project and appropriate • A discussion of a letter to the [FR Doc. 99–10610 Filed 4–27–99; 8:45 am] research designs for implementing the Congress requesting a change in the BILLING CODE 4120±01±P project. In previous meetings, the CPAC demonstration’s budget neutrality designated the Kansas City metropolitan provision; and area and Maricopa County in Arizona as • An update and discussion of DEPARTMENT OF HEALTH AND demonstration sites. decisions made by the two local AACs. HUMAN SERVICES Section 4012(b) of the BBA requires This will include a discussion and the Secretary to appoint an Area Health Care Financing Administration decision on a request from the Maricopa Advisory Committee (AAC) in each County AAC to delay the demonstration demonstration site included in the [HCFA±1073±N] for one year and a discussion and project to advise the Secretary on the decision on a request from the Kansas Medicare Program; May 13, 1999, implementation of the demonstration. City metropolitan area AAC to permit an Meeting of the Competitive Pricing The Kansas City metropolitan area AAC additional year to consider alternative Advisory Committee met on March 26, 1999, and April 8, methods of risk adjustment. 1999. The Maricopa County AAC met Individuals or organizations that wish AGENCY: Health Care Financing on March 31, 1999. Additional meetings to make 5-minute oral presentations on Administration (HCFA), HHS. are scheduled for the Kansas City the agenda issues should contact Sharon ACTION: Notice of meeting. metropolitan area AAC on April 22, Arnold, CPAC Executive Director, by 12 1999, and May 12, 1999, and for the noon, May 6, 1999, to be scheduled. The SUMMARY: In accordance with section Maricopa County AAC on April 20, number of oral presentations may be 10(a) of the Federal Advisory Committee 1999, and May 20, 1999. limited by the time available. A written Act, this notice announces a meeting of The CPAC consists of 15 individuals copy of the oral remarks should be the Competitive Pricing Advisory who are independent actuaries; experts submitted to the Executive Director no Committee (the CPAC) on May 13, 1999. in competitive pricing and the later than 12 noon, May 11, 1999. Section 4012 of the Balanced Budget administration of the Federal Employees Anyone who is not scheduled to speak Act of 1997 requires the Secretary of the Health Benefit Program; and may submit written comments to the Department of Health and Human representatives of health plans, insurers, Executive Director by 12 noon, May 11, Services (the Secretary) to create the employers, unions, and beneficiaries. In 1999. CPAC. The CPAC meets periodically accordance with section 4012(a)(5) of The meeting is open to the public, but and makes recommendations to the the BBA, the CPAC will terminate on attendance is limited to the space Secretary, including the designation of December 31, 2004. available. areas for inclusion in the The CPAC held meetings on May 7, (Section 4012 of the Balanced Budget Act of Medicare+Choice competitive pricing 1998, June 24 and 25, 1998, September 1997, Public Law 105–33 (42 U.S.C.1395w– demonstration project and suggests 23 and 24, 1998, October 28, 1998, and 23 note) and section 10(a) of Public Law 92– appropriate research designs for January 6, 1999. The CPAC members 463 (5 U.S.C. App.2, section 10(a)) implementing the project. This meeting are: James Cubbin, Executive Director, (Catalog of Federal Domestic Assistance is open to the public. General Motors Health Care Initiative; Program No. 93.773, Medicare—Hospital

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Insurance; and Program No. 93.774, Substantive program information may toll-free number. Copies of the proposed Medicare—Supplementary Medical be obtained from the contact whose forms and other available documents Insurance Program) name and telephone number is listed submitted to OMB may be obtained Dated: April 22, 1999. below. from Mr. Eddins. Nancy-Ann Min DeParle, Committee Name: Drug Testing Advisory SUPPLEMENTARY INFORMATION: The Administrator, Health Care Financing Board. Department has submitted the proposal Administration. Meeting Date: June 7—8, 1999. for the collection of information, as [FR Doc. 99–10609 Filed 4–27–99; 8:45 am] Place: Holiday Inn, 5520 Wisconsin described below, to OMB for review, as BILLING CODE 4120±01±P Avenue, Chevy Chase, Maryland 20815. required by the Paperwork Reduction Closed: June 7, 1999; 8:00 a.m.—4:30 p.m. Act (44 U.S.C. Chapter 35). Open: June 8, 1999; 8:00 a.m.—3:30 p.m. Contact: Donna M. Bush, Ph.D., Executive This Notice lists the following DEPARTMENT OF HEALTH AND information: (1) The title of the HUMAN SERVICES Secretary, Telephone: (301) 443–6014 and FAX: (301) 443–3031. information collection proposal; (2) the office of the agency to collect the Substance Abuse and Mental Health Sandi Stephens, information; (3) the OMB approval Services Administration Team Leader, Division of Extramural Activities, Policy, and Review, Extramural number, if applicable; (4) the Center for Substance Abuse Activities Team, SAMHSA. description of the need for the Prevention; Notice of Meeting [FR Doc. 99–10617 Filed 4–27–99; 8:45 am] information and its proposed use; (5) BILLING CODE 4162±20±P the agency form number, if applicable; Pursuant to Pub. L. 92–463, notice is (6) what members of the public will be hereby given of the meeting of the Drug affected by the proposal; (7) how Testing Advisory Board of the Center for DEPARTMENT OF HOUSING AND frequently information submissions will Substance Abuse Prevention in June URBAN DEVELOPMENT be required; (8) an estimate of the total 1999. number of hours needed to prepare the [Docket No. FR±4441±N±24] The first day (June 7) of the Drug information submission including Testing Advisory Board meeting will be number of respondents, frequency of Submission for OMB Review: response, and hours of response; (9) closed from 8:30 a.m. until 4:30 p.m. Comment Request and involves the review of sensitive whether the proposal is new, an National Laboratory Certification AGENCY: Office of the Assistant extension, reinstatement, or revision of Program (NLCP) internal operating Secretary for Administration, HUD. an information collection requirement; and (10) the names and telephone procedures and program development ACTION: Notice. issues. Therefore, this portion of the numbers of agency official familiar with meeting will be closed to the public as SUMMARY: The proposed information the proposal and of the OMB Desk determined by the Administrator, collection requirement described below Officer for the Department. SAMHSA, in accordance with 5 U.S.C. has been submitted to the Office of Authority: Section 3507 of the Paperwork 552b(c)(2), (4), and (6) and 5 U.S.C. Management and Budget (OMB) for Reduction Act of 1995, 44 U.S.C. 35, as App.2, § 10(d). review, as required by the Paperwork amended. The second day (June 8) of the Drug Reduction Act. The Department is Dated: April 21, 1999. Testing Advisory Board meeting will be soliciting public comments on the David S. Cristy, open from 8:00 a.m. until 3:30 p.m. The subject proposal. Director, ISP and Management. open session will include a roll call, DATES: Comments due date: May 28, Title of Proposal: Housing Counseling general announcements, and a 1999. Services. discussion of the information submitted ADDRESSES: Interested persons are Office: Housing. by industry representatives regarding invited to submit comments regarding OMB Approval Number: 2502–0261. the use of alternative matrices (hair, this proposal. Comments must be Description of the Need for the sweat, oral fluids) and on-site tests to received within thirty (30) days from the Information and Its Proposed Use: The test for drugs of abuse. A public date of this Notice. Comments should information to be collected is used to comment period will be scheduled refer to the proposal by name and/or determine the qualifications of grant during the open session. If anyone OMB approval number and should be applications and to monitor the needs special accommodations for sent to: Joseph F. Lackey, Jr., OMB Desk continued performance of grantees as persons with disabilities please notify Officer, Office of Management and Housing Counseling Services providers the Contact listed below. Budget, Room 10235, New Executive under Housing Counseling Grants to An agenda for this meeting and a Office Building, Washington, DC 20503. Fiscal Year 1997 through the present. roster of board members may be FOR FURTHER INFORMATION CONTACT: Form Number: HUD–9900–A, 9900–B, obtained from: Ms. Giselle Hersh, Wayne Eddins, Reports Management 9900–C, 9902, 9903, 9908, and 9921. Division of Workplace Programs, 5600 Officer, Department of Housing and Repondents: State, Local or Tribal Fishers Lane, Rockwall II, Suite 815, Urban Development, 451 7th Street, Government Not-For-Profit Institutions. Rockville, MD 20857, Telephone: (301) Southwest, Washington, DC 20410, Frequency of Submission: On 443–6014. telephone (202) 708–1305. This is not a Occasion.

Number of × Frequency × Hours per Burden Reporting burden respondents of response response = hours

HUD±9900A ...... 75 1 2 150 HUD±9900B ...... 75 1 8 600 HUD±9900C ...... 10 1 2 20 HUD±9902 ...... 650 1 1.17 761 HUD±9903 ...... 15,000 1 5 1,200

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Number of × Frequency × Hours per Burden Reporting burden respondents of response response = hours

HUD±9908 ...... 1,500 1 10 240 HUD±9921 ...... 431 200 10 12,930 Total Estimated Burden Hours 15,901

Status: Reinstatement, with changes. vendors that provide maintenance companies and taxing authorities to be Contact: Alan R. Staley, HUD, (202) services. paid in a certain manner and the high 708–0317 and Joseph F. Lackey, Jr., Authority to disburse public money is number of individual vendors. Funds OMB, (202) 395–7316. vested in the United States Treasury held outside of the U.S. Treasury must Dated: April 21, 1999. Department, which authority may be be approved by the Federal Management delegated to officers and employees of [FR Doc. 99–10577 Filed 4–27–99; 8:45 am] Service in accordance with 31 CFR Part other executive agencies. To facilitate BILLING CODE 4210±01±M 202. The Controlled Disbursement and promote the efficiency of HUD’s Account shall be in the name of the property disposition program, on Federal Housing Administration, U.S. February 24, 1999, the Treasury DEPARTMENT OF HOUSING AND Department of Housing and Urban URBAN DEVELOPMENT Department issued a delegation of disbursing authority to the Housing Development, and shall be drawn upon [Docket No. FR±4488±D±01] Assistant Secretary. On March 5, 1999, only by the disbursing official the Assistant Secretary signed the specifically designated by the Housing- Redelegation of Authority to Housing- delegation instrument, thereby Federal Housing Administration Federal Housing Administration indicating his acceptance and making it Comptroller pursuant to this delegation. Comptroller effective. The delegation is set forth as Section B. Authority Excepted AGENCY: Office of the Assistant an appendix to this Federal Register Secretary for Housing-Federal Housing notice. The authority delegated in section A Commissioner, HUD. The disbursing authority, set forth in does not include the authority to issue the delegation instrument, is subject to ACTION: Notice of redelegation of regulations. limitations. For example, disbursements authority. can only be made from a particular Section C. No Further Redelegation account that is identified in the SUMMARY: The Assistant Secretary for The authority delegated in Section A delegation and utilized for the single Housing-Federal Housing Commissioner may not be further redelegated by the family property disposition program. is redelegating to the Housing-Federal Housing-FHA Comptroller. Housing Administration Comptroller The account must be in the name of the certain responsibilities that pertain to FHA, and can only be drawn upon by Section D. Revocation of Delegation the financial operations administered by the disbursing officials designated the Assistant Secretary. Under this under the delegation. The disbursing The authority delegated in Section A legislation, the Housing-FHA authority may be redelegated to the may be revoked by the Assistant Comptroller will be able to designate Housing-FHA Comptroller, who can Secretary for Housing-Federal Housing disbursing officials, within the Office of designate disbursing officials. However, Commissioner at any time. In addition, Housing, who may, in turn, disburse authority to make disbursements cannot however, the authority shall be public money in connection with be redelegated to non-federal personnel, automatically revoked (1) at such time federal obligations under HUD’s single including contractors. as the FHA has effected changes to the family property disposition program. Accordingly, the Assistant Secretary single family property disposition for Housing-Federal Housing EFFECTIVE DATE: March 5, 1999. program that eliminate the need for the Commissioner redelegates the following Controlled Disbursement Account or (2) FOR FURTHER INFORMATION CONTACT: authority: Victoria L. Bateman, Housing-FHA upon a determination of the U.S. Chief Comptroller, Office of Housing, Section A. Authority Redelegated Disbursing Officer, Department of the Department of Housing and Urban The Assistant Secretary for Housing- Treasury, to revoke, for any reason, the Development, 451 Seventh Street SW., Federal Housing Commissioner delegation of authority issued to the room 5132, Washington, DC 20410. redelegates to the Housing-Federal Assistant Secretary for Housing-Federal Telephone (202) 401–8800. Persons Housing Administration Comptroller Housing Commissioner. Notice of any with hearing or speech impairments the authority to disburse public money, revocation of this authority will be may call HUD’s TTY number (202) 708– and to designate disbursement officials published in the Federal Register. 1455 or the Federal Information Relay from within the Office of Housing- Authority: Section 7(d), Department of Service’s TTY number at (800) 877– Federal housing Administration, subject Housing and Urban Development Act, 42 8339. Other than the ‘‘800’’ number, the to the following terms and limitations: U.S.C. 3535(d); Section 3321, ‘‘Money and telephone and TTY numbers listed are This delegation of disbursing Finance’’, Enactment as title 31, United not toll-free. authority is limited to disbursements States Code, 31 U.S.C. 3321. SUPPLEMENTARY INFORMATION: In the currently being made from the routine administration of the single Controlled Disbursement Account Dated: March 5, 1999. family property disposition program, authorized by the Financial William C. Apgar, the Office of Housing must make a Management Service on January 30, Assistant Secretary for Housing-Federal broad range of expenditures in 1989, due to the unique administrative Housing Commissioner. connection with the properties that it program processes of the single family [FR Doc. 99–10578 Filed 4–27–99; 8:45 am] owns. Payees include utility companies, property disposition program involving BILLING CODE 4210±27±M taxing authorities, and individual the payment requirements of utility

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DEPARTMENT OF THE INTERIOR refuge goals, objectives, and strategies SUMMARY: Between October 1, 1998, and for achieving refuge purposes. The March 31, 1999, Region 2 of the Fish Fish and Wildlife Service planning process has considered many and Wildlife Service issued five permits elements, including habitat and wildlife for the incidental take of threatened and Notice of Availability for Comments of management, habitat protection and a Draft Comprehensive Conservation endangered species, pursuant to section acquisition, public and recreational 10(a)(1)(B) of the Endangered Species Plan (CCP) and Associated Draft uses, and cultural resources. Public Environmental Assessment for Deep Act of 1973, as amended (Act). Of the input into this planning process has five permits issued, two are associated Fork National Wildlife Refuge, assisted in the development of the draft Okmulgee, OK with the Balcones Canyonlands document. The CCP will provide other Preserve. Copies of the five permits and AGENCY: Fish and Wildlife Service, agencies and the public with a clear associated decision documents are Interior. understanding of the desired conditions available upon request. Four additional for the refuge and how the Service will ACTION: Notice. permits had minor administrative implement management strategies. amendments between October 1, 1998, SUMMARY: This notice advises the public The Service intends to consider and March 31, 1999. that the U.S. Fish and Wildlife Service comments and advice generated in (Service) has prepared the Draft response to the draft document prior to ADDRESSES: If you would like copies of Comprehensive Conservation Plan the preparation of a final CCP. The any of the above documents, please (CCP) and associated Draft Service is furnishing this notice in contact the U.S. Fish and Wildlife Environmental Assessment for the Deep compliance with Service CCP policy: (1) Service, Ecological Services, P.O. Box Fork National Wildlife Refuge, to advise other agencies and the public 1306, Albuquerque, New Mexico. Okmulgee, Oklahoma, pursuant to the of the availability of the draft document, National Wildlife Refuge System and (2) to obtain suggestions and FOR FURTHER INFORMATION CONTACT: Improvement Act of 1997, and National recommendations for consideration in Leslie Dierauf, Habitat Conservation Environmental Policy Act of 1969, and preparation of the final document. Plan Coordinator, at the above address, its implementing regulations. The Service anticipates that the final 505–248–6651. DATES: The Service will be open to CCP document and any associated SUPPLEMENTARY INFORMATION: Section 9 written comments through May 30, NEPA documents will be available by 1999. of the Act and Federal Regulation September 1, 1999. prohibits the ‘‘take’’ of wildlife species ADDRESSES: Copies may be obtained by writing to: April Fletcher, Refuge Dated: April 16, 1999. listed as threatened or endangered Program Specialist, Division of Refuges, Geoffrey L. Haskett, species. Under the Act, the term ‘‘take’’ U.S. Fish and Wildlife Service, P.O. Box Acting Regional Director. means to harass, harm, pursue, hunt, 1306, Albuquerque, NM 87103–1306. [FR Doc. 99–10574 Filed 4–27–99; 8:45 am] shoot, wound, kill, trap, capture, or Comments on the draft documents BILLING CODE 4510±55±P collect listed wildlife, or to attempt to should be submitted to Mr. Tom Baca, engage in any such conduct. The Chief of Refuge Planning, U.S. Fish and Service may, under limited Wildlife Service, P.O. Box 1306, DEPARTMENT OF THE INTERIOR circumstances, issue permits to Albuquerque, NM 87103–1306. authorize incidental take, i.e. that is Fish and Wildlife Service SUPPLEMENTARY INFORMATION: It is incidental to, and not the purpose of, Service policy to have all lands within Notice of Issuance of Five Permits for the carrying out of an otherwise lawful the National Wildlife Refuge System Incidental Take of Threatened and activity. Regulations governing permits managed in accordance with an Endangered Species for endangered species are at 50 CFR approved CCP. The CCP guides 17.22. management decisions and identifies

TWO INCIDENTAL TAKE PERMITS ISSUED ASSOCIATED WITH THE BALCONES CANYONLANDS PRESERVE

Date of Permittee Permit No. issuance

BRE/Baldwin Ranch, L.P. (TX) ...... TE±003593±0 03/31/99 Hogan (TX) ...... TE±005497±0 02/26/99

THREE INCIDENTAL TAKE PERMITS ISSUED IN OTHER LOCATIONS IN THE SOUTHWEST REGION

Date of Permittee Permit No. issuance

Misstex Properties, L.C. (TX) ...... TE±003596±0 03/01/99 Lazy K Bar Ranch, LKB, LLC (AZ) ...... TE±003597±0 12/03/98 City of Austin (Barton Springs) (TX) ...... PRT±839031 10/05/98

THREE MINOR ADMINISTRATIVE AMENDMENTS WERE MADE TO THE FOLLOWING INCIDENTAL TAKE PERMITS

Date of Permittee Permit No. amendment

Yaupon Great Hills ...... PRT±782832 3/5/99

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THREE MINOR ADMINISTRATIVE AMENDMENTS WERE MADE TO THE FOLLOWING INCIDENTAL TAKE PERMITSÐContinued

Date of Permittee Permit No. amendment

Volente ...... PRT±806831 12/22/98 Spicewood ...... PRT±783564 11/19/98

Dated: April 22, 1999. INTERNATIONAL TRADE By order of the Commission. Geoffery L. Haskett, COMMISSION Donna R. Koehnke, Acting Regional Director, Region 2, Secretary. Albuquerque, New Mexico. [USITC SE±99±018] [FR Doc. 99–10785 Filed 4–26–99; 3:48 pm] [FR Doc. 99–10618 Filed 4–27–99; 8:45 am] BILLING CODE 7020±02±P BILLING CODE 4510±55±P Sunshine Act Meeting Notice

AGENCY HOLDING THE MEETING: United INTERNATIONAL TRADE States International Trade Commission. COMMISSION INTERNATIONAL TRADE TIME AND DATE: May 10, 1999 at 2:00 COMMISSION p.m. [USITC SE±99±019] [USITC SE±99±017] PLACE: Room 101, 500 E Street SW, Washington, DC 20436, Telephone: Sunshine Act Meeting Notice Emergency Notice of Rescheduling of (202) 205–2000. AGENCY HOLDING THE MEETING: United Meeting and Additional Agenda Item; STATUS: Open to the public. States International Trade Commission. Sunshine Act Meeting Notice MATTERS TO BE CONSIDERED: TIME AND DATE: May 12, 1999 at 11:00 AGENCY HOLDING THE MEETING: United 1. Agenda for future meeting: none. a.m. States International Trade Commission. 2. Minutes. PLACE: Room 101, 500 E Street SW, ORIGINAL TIME AND DATE: April 26, 1999 3. Ratification List. Washington, DC 20436, Telephone: at 2:00 p.m. 4. Inv. No. 731–TA–326 (202) 205–2000. NEW DATE AND TIME: April 29, 1999 at (Review)(Frozen Concentrated Orange STATUS: Open to the public. 11:00 a.m. Juice from Brazil)—briefing and vote. MATTERS TO BE CONSIDERED: PLACE: Room 101, 500 E Street SW, (The Commission will transmit its Washington, DC 20436, Telephone: determination to the Secretary of 1. Agenda for future meeting: none. (202) 205–2000. Commerce on May 17, 1999.) 2. Minutes. STATUS: Open to the public. 5. Inv. Nos. 731–TA–781–786 3. Ratification List. ADDITIONAL AGENDA ITEM: 6. Inv. No. (Final)(Stainless Steel Round Wire from 4. Inv. No. TA–201–69 (Certain Steel 731–TA–787 (Final)(Extruded Rubber Canada, India, Japan, Korea, Spain, and Wire Rod)(Injury Phase)—briefing and Thread from Indonesia)—briefing and Taiwan)—briefing and vote. vote. vote. 6. Outstanding action jackets: 5. Outstanding action jackets: Note: Outstanding action jackets becomes (1) Document No. GC–99–027: (1) Document No. GC–99–027: agenda item 7. Approval of initial determination Approval of initial determination Under 19 C.F.R. 201.35 (c)(1) of the terminating the investigation based on terminating the investigation based on Commission’s rules, the Commission withdrawal of the complaint in Inv. No. withdrawal of the complaint in Inv. No. has determined to reschedule the 337–TA–411 (Certain Organic 337–TA–411 (Certain Organic meeting of Monday, April 26, 1999 to Photoconductor Drums and Products Photoconductor Drums and Products Thursday, April 29, 1999. Thus, the Containing Same). Containing Same). meeting of April 26, 1999 is rescheduled (2) Document No. GC–99–030: (2) Document No. GC–99–030: and the additional agenda item schedule Approval of annual Federal Register Approval of annual Federal Register for April 29, 1999 is as listed above. The notice on investigations of notice on investigations of deadline for transmission of the Administrative Protective Order (APO) Administrative Protective Order (APO) Commission’s determination and views violations. violations. to Commerce is hereby changed from (3) Document No. ID–99–007: (3) Document No. ID–99–007: the administrative deadline of Monday, Approval of 1999 annual report in Inv. Approval of 1999 annual report in Inv. May 3, 1999 to the statutory deadline of No. 332–345 (Recent Trend in U.S. No. 332–345 (Recent Trend in U.S. Friday, May 7, 1999. In accordance with Services Trends). Services Trends). Commission policy, subject matter (4) Document No. INV–99–062: (4) Document No. INV–99–062: listed above, not disposed of at the Approval of staff report in Inv. No. TA– Approval of staff report in Inv. No. TA– scheduled meeting, may be carried over 204–1 (Broom Corn Brooms: Evaluation 204–1 (Broom Corn Brooms: Evaluation to the agenda of the following meeting. of the Effectiveness of Import Relief). of the Effectiveness of Import Relief). Issued: April 26, 1999. In accordance with Commission In accordance with Commission By order of the Commission. policy, subject matter listed above, not policy, subject matter listed above, not Donna R. Koehnke, disposed of at the scheduled meeting, disposed of at the scheduled meeting, Secretary. may be carried over to the agenda of the may be carried over to the agenda of the [FR Doc. 99–10784 Filed 4–26–99; 3:46 pm] following meeting. following meeting. BILLING CODE 7020±02±P Issued: April 26, 1999. Issued: April 26, 1999.

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By order of the Commission. NUCLEAR REGULATORY Wednesday, May 5 Donna R. Koehnke, COMMISSION 10:00 a.m.—Briefing on Safeguards Secretary. Performance Assessment (Public Sunshine Act Meeting Notice [FR Doc. 99–10786 Filed 4–26–99; 3:50 pm] Meeting) BILLING CODE 7020±02±P ` AGENCY HOLDING THE MEETING: Nuclear 1:30 p.m.—Discussion of Regulatory Commission. Intragovernmental Issues (Closed- ex. 9b) NATIONAL SCIENCE FOUNDATION DATE: Weeks of April 26, May 3, 10, and 2:30 p.m.—Briefing on Status of 17, 1999. Maintenance Rule (Public Meeting) Sunshine Act Meeting Notice PLACE: Commissioners’ Conference Thursday, May 6 Room, 11555 Rockville Pike, Rockville, AGENCY HOLDING MEETING: National Maryland. 9:30 a.m.—Briefing on Operating Science Foundation, National Science Reactors and Fuel Facilities (Public STATUS: Public and Closed. Board. Meeting) (Contact: Glenn Tracy, DATE AND TIME: May 6, 1999: 11:30 a.m. MATTERS TO BE CONSIDERED: 301–415–1725) Closed Session; 1:15 p.m. Open Week of April 26 11:30 a.m.—Affirmation Session (Public Session. May 7, 1999: 8:30 a.m. Open Meeting) (if needed) Session; 10:30 a.m. Closed Session. Monday, April 26 Week of May 10—Tentative PLACE: The National Science 2:00 p.m.—Affirmation Session (Public Foundation, 4201 Wilson Boulevard, There are no meetings scheduled for Meeting) Room 1235, Arlington, VA 22230. the week of May 10. a. Shieldalloy Metallurgical Corp. STATUS: Part of this meeting will be (Cambridge, Ohio Facility), Docket Week of May 17—Tentative open to the public. Part of this meeting No. 40–8948–MLA, Memorandum will be closed to the public. There are no meetings scheduled for and Order (Denying Petition to the Week of May 17. MATTERS TO BE CONSIDERED: Intervene), LBP–99–12 (Feb. 23, * The schedule for Commission Thursday, May 6, 1999 1999) meetings is subject to change on short b. International Uranium (USA) notice. To verify the status of meetings Executive Closed Session (11:30 a.m.– Corporation Petition for Review of call (Recording)—(301) 415–1292. 11:45 a.m.) LBP–99–5 Contact person for more information: Closed Session Minutes c. Aharon Ben-Haim, Ph.D., Docket Bill Hill, (301) 415–1661. Personnel No. IA–97–068, LBP–99–4, Initial The NRC Commission Meeting Election of Executive Committee Decision (Affirming Enforcement Schedule can be found on the Internet at: http://www.nrc.gov/SECY/smj/ Closed Session (12:45 p.m.–1:15 p.m.) Order with Modifications) (Feb. 8, 1999) schedule.htm. Awards and Agreements d. Proposed License to Export High This notice is distributed by mail to Open Session (1:15 p.m.–5:30 p.m.) Enriched Uranium (HEU) for several hundred subscribers; if you no Production of Medical Isotopes at longer wish to receive it, or would like Swearing in NSB nominees the Canadian Maple Reactors to be added to it, please contact the Minutes, February, March 1999 e. North Atlantic Energy Service Corp. Office of the Secretary, Attn: Operations Closed Session Items for July 1999 Branch, Washington, D.C. 20555 (301– Chairman’s Report (Seabrook Station, Unit 1), Docket No. 50–443, Draft Commission 415–1661). In addition, distribution of Director’s Report this meeting notice over the Internet COSEPUP Report on GPRA Memorandum and Order Terminating the Proceeding system is available. If you are interested Presentations by Honorary Award in receiving this Commission meeting f. Boston Edison Company and Energy Recipients schedule electronically, please send an Nuclear Generation Company Discussion of NSB Committee Structure electronic message to [email protected] or (Pilgrim Nuclear Power Station), Planning and Budget—FY2001 [email protected]. NSB Commendation to U.S. Navy for Docket No. 50–293, Draft Antarctic Support Commission Memorandum and Dated: April 26, 1999. Order Terminating the Proceeding William M. Hill, Jr., Friday, May 7, 1999 Secy, Tracking Officer, Office of the Secretary. Week of May 3—Tentative Open Session (8:30 a.m.–10:30 a.m.) [FR Doc. 99–10677 Filed 4–26–99; 11:37 am] Tuesday, May 4 Annual NSB Business: BILLING CODE 7590±01±M NSB Calendar for 2000 9:00 a.m.—**Meeting on NRC Response Executive Committee Annual Report to Stakeholders’ Concerns (Public Cost-Sharing Policy Meeting) OFFICE OF MANAGEMENT AND Committee Reports **Please Note: The room location for the BUDGET Report of the NSB/CPP Task Force on Meeting on NRC Response to Stakeholders’ Cumulative Report on Rescissions and the Environment Concerns, scheduled for Tuesday, May 4, is in the NRC auditorium, Bldg 2, NRC Deferrals Closed Session (10:30 a.m.–11:00 a.m.) Headquarters, Rockville, MD. April 1, 1999. NSF Long Range Planning and FY 2001 2:00 p.m.—Meeting on Planning, This report is submitted in fulfillment Budget Budgeting and Performance of the requirement of Section 1014(e) of Marta Cehelsky, Management Process (PBPM) And the Congressional Budget and Executive Officer. Institutionalizing Change (Public Impoundment Control Act of 1974 (Pub. [FR Doc. 99–10679 Filed 4–26–99; 12:54 pm] Meeting) (Contact: Jim Blaha, 201– L. 93–344). Section 1014(e) requires a BILLING CODE 7555±01±M 415–1703) monthly report listing all budget

VerDate 26-APR-99 16:25 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.XXX pfrm02 PsN: 28APN1 22878 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices authority for the current fiscal year for been transmitted to the Congress. editions of the Federal Register cited which, as of the first day of the month, Attachment C shows the status of the FY below: a special message had been transmitted 1999 rescission proposals. to Congress. 63 FR 63949, Tuesday, November 17, Deferrals (Attachments B and D) This report gives the status, as of 1998 April 1, 1999, of three rescission As of April 1, 1999, $1.0 billion in 64 FR 6721, Wednesday, February 10, proposals that have been pending for budget authority was being deferred 1999 less than 45 days and three deferrals from obligation. Attachment D shows Jacob J. Lew, contained in two special messages for the status of each deferral reported FY 1999. These messages were during FY 1999. Director. transmitted to Congress on October 22, Attachments. Information From Special Messages 1998, and February 1, 1999. BILLING CODE 3110±01±P The special messages containing Rescissions (Attachments A and C) information on the rescission proposals As of April 1, 1999, three rescission and deferrals that are covered by this proposals totaling $35 million have cumulative report are printed in the

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[FR Doc. 99–10608 Filed 4–27–99; 8:45 am] BILLING CODE 3110±01±C

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SECURITIES AND EXCHANGE Public Reference Branch, 450 Fifth risk-return profile than the Trust; (b) COMMISSION Street, NW., Washington, DC 20549– shareholders will acquire the Utility 0102 (tel. no. 202–942–8090. Fund shares at a much lower cost than [Investment Company Act Release No. is typically the case for a newly- Applicants’ Representations 23808; 812±11522] organized closed-end equity fund since 1. The Trust is a non-diversified, there will be no underwriting discounts The Gabelli Equity Trust Inc., et al.; closed-end management investment Notice of Application or commissions; and (c) shareholders company registered under the Act. The will be able to seek income and capital April 23, 1999. Utility Fund was formed on February appreciation opportunities presented by AGENCY: Securities and Exchange 25, 1999, and filed a notification of the Utility Fund market segment. Commission (‘‘SEC’’). registration on Form N–8A on February 5. The Trust does not expect that it 26, 1999, to register under the Act as a will recognize significant taxable gain ACTION: Notice of an application under non-diversified, closed-end on its contribution of cash and section 17(b) of the Investment management investment company. The securities to the Utility Fund in Company Act of 1940 (the ‘‘Act’’) for an Utility Fund will file a registration exchange for shares of the Utility Fund. exemption from section 17(a) of the Act statement under the Act on Form N–2 The Utility Fund has been advised by and for an order under section 17(d) of on or before May 21, 1999. Application counsel that the distribution of shares of the Act and rule 17d–1 under the Act. will be made to list the Utility Fund’s the Utility Fund to Trust shareholders APPLICANTS: The Gabelli Equity Trust shares for trading on the New York likely will be a taxable event for Trust Inc. (the ‘‘Trust’’), the Gabelli Utility Stock Exchange. Gabelli is registered as shareholders and, under certain Fund (the ‘‘Utility Fund’’), and Gabelli an investment adviser under the circumstances, will be a taxable event Funds, LLC (‘‘Gabelli’’). Investment Advisers Act of 1940 and for the Trust. However, the Transaction serves as the investment adviser to the is not expected to increase significantly SUMMARY OF APPLICATION: Applicants Trust and the Utility Fund. the total amount of taxable distributions seek an order to permit the Trust to 2. The Trust owns 10,000 shares of received by the Trust’s shareholders for transfer a portion of its assets to the the Utility Fund’s common stock. These the year in which the Transaction is Utility Fund, a newly formed, wholly- shares were issued in respect of the consummated and is not expected to owned subsidiary that is a registered Trust’s contribution to the Utility Fund result in the recognition of significant closed-end investment company and to of $100,000 of initial capital. The taxable gain by the Trust. The Board, distribute to the Trust’s shareholders the persons who currently serve as the including all of the Disinterested shares of the Utility Fund. Trust’s directors are also the Utility Directors, considered the tax FILING DATES: The application was filed Fund’s directors, and the Trust’s consequences of the Transaction and on February 26, 1999, and amended on principal executive officers hold the found that the benefits of the April 23, 1999. same offices with the Utility Fund. Transaction outweigh any adverse tax HEARING OR NOTIFICATION OF HEARING: An 3. The Board of Directors of the Trust consequences to the Trust and its order granting the application will be (‘‘Board’’) has approved, subject to the shareholders. issued unless the SEC orders a hearing. requested relief and subsequent 6. The costs of organizing the Utility Interested persons may request a shareholder approval, the contribution Fund and effecting the distribution of hearing by writing to the SEC’s of a segment of the Trust’s net assets the Utility Fund’s shares to the Trust’s Secretary and serving applicants with a having a value of approximately $75 shareholders, including the fees and copy of the request, personally or by million to the Utility Fund in exchange expense of counsel and accountants and mail. Hearing requests should be for additional shares of common stock printing, listing, and registration fees, received by the SEC by 5:30 p.m. on of the Utility Fund, which together with are estimated to be approximately May 13, 1999, and should be the 10,000 shares currently held by the $330,000 and will be borne by the Trust. accompanied by proof of service on Trust will constitute all of the shares of The Trust will bear the costs of applicants in the form of an affidavit or, common stock of the Utility Fund. It is soliciting its shareholders’ approval of for lawyers, a certificate of service. anticipated that the contributed assets the Transaction and the costs incurred Hearing requests should state the nature will consist largely or exclusively of in connection with this application for of the writer’s interest, the reason for the cash and short-term fixed income exemptive relief. In addition, the Utility request, and the issues contested. instruments. All the shares of the Fund will incur operating expenses on Persons who wish to be notified of a common stock of the Utility Fund then an ongoing basis, including legal, hearing may request notification by will be distributed by the Trust as a auditing, transfer agency, and custodian writing to the SEC’s Secretary. dividend to its shareholders at a rate of expenses that, when aggregated with the one share of the Utility Fund common fees payable by the Trust for similar ADDRESSES: Secretary, SEC, 450 Fifth stock for every fourteen shares held of services after the distribution, will Street, NW., Washington, DC 20549– the Trust. The contribution of the Trust likely exceed the fees currently payable 0609. Applicants, One Corporate Center, assets to the Utility Fund and the by the Trust for those services. The Rye, New York 10580. subsequent distribution of the Utility Board, including the Disinterested FOR FURTHER INFORMATION CONTACT: Fund shares to the Trust shareholders Directors, found that it is appropriate for Bruce R. MacNeil, Staff Attorney, at are referred to as the ‘‘Transaction.’’ the Trust to bear the Transaction’s cost (202) 942–0634, or Michael W. Mundt, 4. The Board, including all of its inasmuch as the benefits of the Branch Chief, at (202) 942–0564 directors who are not ‘‘interested Transaction will be for the Trust’s (Division of Investment Management, persons’’ as defined by section 2(a)(19) shareholder and because absorption of Office of Investment Company of the Act (the ‘‘Disinterested such expenses will eliminate any Regulation). Directors’’), found, among other things, decrease in the net asset value of the SUPPLEMENTARY INFORMATION: The that the Transaction will result in the Utility Fund’s shares in comparison to following is a summary of the following benefits to Trust shareholders: the amount of the distribution, which application. The complete application (a) shareholders will receive shares of may assist in the pricing of the Utility may be obtained for a fee at the SEC’s an investment company with a different Fund shares on the New York Stock

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Exchange. It is not expected that the transfer in the same manner as for shareholders of the Trust in a position Transaction will have significant effect purposes of the daily net asset valuation less advantageous than that of any other on the annual expenses of the Trust as for the Trust. Applicants further state of such persons. As noted, the value of a percentage of its assets. that such assets are anticipated to the Trust’s assets transferred to the consist largely or exclusively of cash Utility Fund (and the shares received in Applicants’ Legal Analysis and short-term fixed income return) will be based on their fair value 1. Section 17(a) of the Act generally instruments and thus will likely pose as computed on the day of the transfer prohibits sales or purchases of securities few, if any, issues with respect to in accordance with the requirements of between a registered investment valuation. The Utility Fund stock the Act. The shares of the Utility Fund company and an affiliated person. distributed by the Trust in the will be distributed as a dividend to the Section 2(a)(3) of the Act defines an Transaction will be valued based on the shareholders leaving the shareholders in ‘‘affiliated person’’ of another person to value of the Utility Fund’s assets. the same investment posture include (a) any person directly or ‘‘Value’’ for those purposes will be immediately following the Transaction indirectly owning, controlling, or determined in accordance with the as before, subject only to changes in holding with power to vote 5% or more provisions of section 2(a)(41) of the Act market price of the underlying assets of the outstanding voting securities of and rule 2a–4 under the Act. subsequent to the Transaction. the other person, (b) any person 5% or 4. With respect to the Transaction, the 8. Applicants assert that the more of whose voting securities are Board, including a majority of the Transaction has been proposed in order directly or indirectly owned, controlled Disinterested Directors, found that the to benefit the shareholders of the Trust or held with the power to vote by the participation in the Transaction is in the as well as the Utility Fund, and neither other person, and (c) any person directly best interests of the Trust and that the Gabelli nor any other affiliated person of or indirectly controlling, controlled by, interests of the existing shareholders of the Trust or the Utility Fund will or under common control with, the the Trust will not be diluted as a result receive fees solely as a result of the other person. The Trust may be viewed of the Transaction. These findings, and Transaction. The fee indirectly payable as an affiliated person of the Utility the basis upon which the findings were to Gabelli by the Utility Fund’s Fund under section 2(a)(3) since the made, will be recorded fully in the shareholders will be the same as the fee Trust will own 100 percent of the Utility minutes book of the Trust. currently indirectly payable to Gabelli Fund’s voting securities until the 5. Applicants state that the by the Trust’s shareholders. In addition, consummation of the Transaction. The Transaction will be consistent with the by creating the Utility Fund through the Utility Fund may similarly be stated investment policies of the Trust Transaction, the Trust is effectively considered an affiliated person of the and the Utility Fund as disclosed to enabling its shareholders to receive Trust since 100 percent of the Utility shareholders. The distribution of the securities without the costs associated Fund’s voting securities will be owned Utility Fund shares will not change the with a public offering. by the Trust. The Trust and the Utility position of the Trust’s shareholders with For the Commission, by the Division of Fund also may be viewed as an respect to the underlying investments Investment Management, under delegated affiliated persons of each other to the that they then own. A proxy statement/ authority. extent that they may be deemed to be prospectus of the Trust and the Utility Jonathan G. Katz, under the common control of Gabelli Fund is being used to solicit the Secretary. and because the same persons serve as approval of the Trust’s shareholders of [FR Doc. 99–10645 Filed 4–27–99; 8:45 am] the directors and officers of both the Transaction following the issuance companies. As a result of the affiliation of the exemptive relief. The Trust’s BILLING CODE 8010±01±M between the Trust and the Utility Fund, shareholders will have the opportunity section 17(a) would prohibit the to vote on the Transaction after having SECURITIES AND EXCHANGE Transaction. received disclosure concerning the COMMISSION 2. Applicants request an exemption Transaction. pursuant to section 17(b) of the Act from 6. Applicants also seek an order under [Investment Company Act Release No. the provisions of section 17(a) in order section 17(d) of the Act and rule 17d– 23807; 812±11496] to permit the Trust to effect the 1 under the Act. Section 17(d) and rule Nations Fund Trust, et al.; Notice of Transaction. Section 17(b) authorizes 17d–1 prohibit affiliated persons from Application the SEC to issue such an exemptive participating in joint arrangements with order if the SEC finds that the terms of a registered investment company unless April 22, 1999. the proposed transaction are fair and authorized by the SEC. In passing on AGENCY: Securities and Exchange reasonable and do not involve applications for these orders, rule 17d– Commission (‘‘SEC’’). overreaching on the part of any persons 1 provides that the SEC will consider ACTION: Notice of an application under concerned, and the proposed whether the participation of the section 17(b) of the Investment transaction is consistent with the policy investment company is consistent with Company Act of 1940 (‘‘Act’’) for an of each registered investment company the provisions, policies and purposes of exemption from section 17(a) of the Act. and the general purposes of the Act. the Act, and the extent to which the 3. Applicants assert that the terms of participation is on a basis different from SUMMARY OF THE APPLICATION: the Transaction, including the or less advantageous than that of the Applicants request an order to permit consideration to be paid or received, are other participants. Applicants request certain series of Nations Fund Trust fair and reasonable and do not involve an order pursuant to rule 17d–1 to the (‘‘NFT’’), Nations Fund, Inc. (‘‘NFT’’), overreaching by any person concerned. extent that the participation of the Nations Institutional Reserves (‘‘NIR’’) Applicants state that the proposed sale applicants in the Transaction may be and Nations Master Investment Trust by the Trust of a portion of its assets to deemed to constitute a prohibited joint (‘‘NMIT’’) to acquire all of the assets and the Utility Fund in exchange for the transaction. liabilities of all of the series of Pacific securities of the Utility Fund will be 7. Applicants state that the Horizon Funds, Inc. (‘‘Pacific Horizon’’) based on the fair value of those assets Transaction will not place any of the and Master Investment Trust, Series computed on the day of the proposed Trust, the Utility Fund, or existing (‘‘MIT’’).

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APPLICANTS: NFT, NFI, NIR, and NMIT, (together with the Acquired Funds, the liabilities 2 of the corresponding NationsBanc Advisors, Inc. (‘‘NBAI’’), ‘‘Funds’’). NFT offers shares in thirty- Acquired Fund in exchange for shares of Pacific Horizon, and MIT. nine series, three of which are designated classes of the Acquiring FILING DATES: The application was filed Acquiring Funds. NFI offers shares in Fund (the ‘‘Reorganizations’’).3 The on February 3, 1999. Applicants have nine series, three of which are number of Acquiring Fund shares to be agreed to file an amendment to the Acquiring Funds. NIR offers shares in issued to shareholders of the Acquired application, the substance of which is five series, four of which are Acquiring Fund will be determined by dividing reflected in this notice, during the Funds. NIR is organizing six new shell the aggregate net assets of each notice period. series, which also will be Acquiring Acquired Fund class by the net asset 1 HEARING OR NOTIFICATION OF HEARING: An Funds. NMIT has established two shell value per share of the corresponding order granting the application will be master portfolios which are Acquiring Acquiring Fund class, each computed as issued unless the SEC orders a hearing. Funds. of the close of business on the closing Interested persons may request a 3. Bank of America National Trust date (‘‘Closing Date’’). The hearing by writing to the SEC’s and Savings Association (‘‘Bank of Reorganization Plans provide that these Secretary and serving applicants with a America’’) is the investment adviser to Acquiring Fund shares will be copy of the request, personally or by the Acquired Funds. Bank of America, distributed pro rata to the shareholders mail. Hearing requests should be a national bank, is exempt from of record in the applicable Acquired received by the SEC by 5:30 p.m. on registration under the Investment Fund class, determined as of the close May 12, 1999 and should be Advisers Act of 1940 (‘‘Advisers Act’’) of business on the closing date(‘‘Closing accompanied by proof of service on pursuant to section 202(a)(11)(A) of the Date’’). The Reorganization Plans applicants in the form of an affidavit or, Advisers Act. Bank of America is a provide that these Acquiring Fund for lawyers, a certificate of service. wholly-owned subsidiary of shares will be distributed pro rata to the Hearing requests should state the nature BankAmerica Corporation. shareholders of record in the applicable 4. NBAI is registered under the of the writer’s interest, the reason for the Acquired Fund class, determined as of Advisers Act and is the investment request, and the issues contested. the close of business on the Closing adviser for the Acquiring Funds. NBAI Persons may request notification by Date. This distribution will be is a wholly-owned subsidiary of writing to the SEC’s Secretary. accomplished by issuing the Acquiring BankAmerica Corporation. As of the Fund shares to open accounts on the ADDRESSES: Secretary, SEC, 450 Fifth date of the publication, NBAI, Bank of Street, N.W., Washington, D.C. 20549– share records of the Acquiring Funds in America and their affiliates, all of which the names of the Acquired Fund 0609. Applicants: NFT, NFI, NIR, NMIT are part of a common control group (the and NBAI, One Bank of America Plaza, shareholders. Simultaneously, all issued ‘‘BankAmerica Group’’), held of record, and outstanding shares of the Acquired 101 South Tryon Street, Charlotte, NC in their name and in the names of their Funds will be canceled on the books of 28255; Pacific Horizon and MIT, P.O. nominees, more than 5% (and with the Acquired Funds. Each Acquired Box 8968, Wilmington, DE 19899. respect to certain of the Funds more Fund, Pacific Horizon, and MIT FOR FURTHER INFORMATION CONTACT: than 25%) of the outstanding voting Janet M. Grossnickle, Attorney-Adviser, securities of certain of the Funds. All of 2 Prior to implementation of the Reorganization (202) 942–0526, or Mary Kay Frech, these securities are held for the benefit Plans, the Acquired Funds intend to discharge Branch Chief, (202) 942–0564 (Division of others in trust, agency, custodial, or substantially all of their liabilities. Each Acquiring of Investment Management, Office of other fiduciary or representatives Fund will assume all remaining liabilities of its Investment Company Regulation). capacity, except that certain companies corresponding Acquired Fund. 3 The Acquired Funds and the corresponding SUPPLEMENTARY INFORMATION: The of the BankAmerica Group may, from Acquiring Funds are: (i) Pacific Horizon Flexible following is a summary of the time to time, own economic interests in Income Fund and Nations Diversified Income Fund; application. The complete application certain money market Funds for its own (ii) Pacific Horizon Short-Term Government Funds may be obtained for a fee from the SEC’s account. and Nations Short-Intermediate Government Fund; (iii) Pacific Horizon National Municipal Bond Fund Public Reference Branch, 450 Fifth 5. On December 2, 1998, and January and Nations Municipal Income Fund; (iv) Pacific Street, N.W., Washington, D.C. 20549– 14, 1999, respectively, the boards of Horizon Aggressive Growth Fund and Nations 0102 (telephone (202) 942–8090). directors and trustees of NFT, NFI, NIR, Small Company Growth Fund; (v) Pacific Horizon and NMIT (the ‘‘Acquired Funds’ International Equity Fund and Nations International Applicants’ Representations Equity Fund; (vi) Pacific Horizon U.S. Government Boards’’) and the boards of directors and Securities Fund and National Government 1. Pacific Horizon, a Maryland trustees of Pacific Horizon and MIT (the Securities Fund; (vii) Pacific Horizon Prime Fund corporation, and MIT, a Delaware ‘‘Acquired Funds’ Boards’’), including and Nations Cash Reserves; (viii) Pacific Horizon business trust, are open-end their disinterested directors and trustee Government Fund and Nations Government management series investment Reserves; (ix) Pacific Horizon Treasury Fund and (‘‘Disinterested Trustees’’), unanimously Nations Treasury Reserves; (x) Pacific Horizon companies registered under the Act. approved Agreements and Plans of Treasury Only Fund and Nations Government Pacific Horizon currently offers shares Reorganization Between each of Pacific Reserves; (xi) Pacific Horizon Tax-Exempt Money in seventeen series (the ‘‘Pacific Horizon Horizon and MIT and each of NFT, NFI, Fund and Nations Municipal Reserves; (xii) Pacific Funds’’), and MIT currently consists of Horizon California Municipal Bond Fund and NIR, and NMIT (each a ‘‘Reorganization Nations California Municipal Bond Fund (shell); two master portfolios (together with the Plan’’ and collectively, the (xiii) Pacific Horizon California Tax-Exempt Money Pacific Horizon Funds, the ‘‘Acquired ‘‘Reorganization Plans’’). Pursuant to the Market Fund and Nations California Tax-Exempt Funds’’). Reorganization Plans, each Acquiring Reserves (shell); (xiv) Pacific Horizon Asset 2. NFT and NIR, each a Massachusetts Allocation Fund and Nations Asset Allocation Fund Fund will acquire all of the assets and (shell); (xv) Pacific Horizon Capital Income Fund business trust, NFI, a Maryland and Nations Capital Income Fund (shell); (xvi) corporation, and NMIT, a Delaware 1 A registration statement for the six shell Pacific Horizon Intermediate Bond Fund and business trust, are open-end Acquiring Funds was filed with the SEC on Nations Intermediate Bond Fund (shell); (xvii) management investment companies February 17, 1999 and it is anticipated that it will Pacific Horizon Blue Chip and Nations Blue Chip be declared effective on or about May 3, 1999. Fund (shell); (xviii) Blue Chip Master Portfolio and registered under the Act. Each company These Acquiring Funds are expected to commerce Nations Blue Chip Master Portfolio (shell); and (xix) offers shares in certain series, some of operations upon the consummation of the Investment Grade Master Portfolio and Nations which constitute the ‘‘Acquiring Funds’’ Reorganization (as defined below). Intermediate Bond Master Portfolio (shell).

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First, there are five money are eleven non-money market Acquired deemed to have held Investor A and market Acquiring Funds that offer or, Funds that offer shares in some or all of Investor B shares of the corresponding after the Reorganizations, will offer four classes (A, B, K, and SRF) (‘‘Pacific Acquiring Fund since the date the shares in some or all of eight classes Horizon Non-Money Market Funds’’). shareholders initially purchased the (Adviser, Capital, Liquidity, Market, The MIT master portfolios consist of an shares of the Acquired Fund. No Trust, Service, Investor, and Daily) unlimited number of units of beneficial contingent deferred sales charges will (‘‘Nations Money Market Funds’’). interest representing an interest in MIT. apply to Investor C shares issued in the Second, there are eleven non-money 9. The S, X, and Y shares in the Reorganizations. market Acquiring Funds that offer or, Pacific Horizon Money Market Funds 11. Applicants state that the after the Reorganizations, will offer are subject to distribution and servicing investment objectives, policies, and shares in some or all of six classes fees. Horizon Service and Pacific restrictions of each Acquired Fund and (Primary A, Primary B, Investor A, Horizon shares in the Pacific Horizon its corresponding Acquiring Fund are Investor B, Investor C, and Seafirst) Money Market Funds are subject to substantially similar. (‘‘Nations Non-Money Market Funds’’). servicing fees, but no distribution fees. 12. The Acquiring Funds’ Boards and Shares in the following classes will be No distribution or servicing fees are the Acquired Funds’ Boards issued in the reorganizations: Daily, paid by the Horizon shares in the Pacific (collectively, the ‘‘Boards’’), including Service, Adviser, Capital, and Investor Horizon Money Market Funds. B and K all of their Disinterested Trustees, found shares in the Nations Money Market shares in the Pacific Horizon Non- that participation in the Reorganizations Funds; Investor A, Investor B, Investor Money Market Funds are subject to is in the best interest of each Fund and C, and Seafirst shares in Nations Non- distribution and shareholder servicing that the interests of existing Money Market Funds. The NMIT master fees. A and SRF shares in the Pacific shareholders in the Funds will not be portfolios will consist of an unlimited Horizon Non-Money Market Funds also diluted as a result of the number of units of beneficial interest are subject to servicing fees, but not Reorganizations. In approving the representing an interest in NMIT. distribution fees. None of the Pacific Reorganizations, the Boards considered, 7. The Daily, Service, and Investor Horizon Money Market Funds is subject among other things: (a) the terms and shares in the Nations Money Market to a front-end or contingent deferred conditions of the Reorganization Plans; Funds are subject to distribution and sales charge. A shares in the Pacific (b) the capabilities, practices, and shareholder servicing fees under rule Horizon Non-Money Market Funds are resources of NBAI and other service 12b–1 plans. Adviser shares in the subject to maximum sales loads ranging providers to the Acquiring Funds; (c) Nations Money Market Funds are from 3.25% to 5.75%, and a maximum the expected cost savings for certain of subject to shareholder servicing fees contingent deferred sales charge of the Acquired Funds; (d) the relative under a rule 12b–1 plan, but no 1.00%. B shares in the Pacific Horizon performance of the Funds and the distribution fees. No distribution or Non-Money Market Funds are subject to compatibility of their investment shareholder servicing fees are paid by a maximum contingent deferred sales objectives, policies, and limitations; (e) the Capital shares in the Nations Money charge of 5.00%. K and SRF shares of the anticipated tax-free status of the Market Funds. Investor A, Investor B, the Pacific Horizon Non-Money Market Reorganizations; (f) the number of and Investor C shares in the Nations Funds are not subject to front-end or investment portfolio options that would Non-Money Market Funds are subject to contingent deferred sales charges. be available to shareholders after the distribution and shareholder servicing 10. As a result of the Reorganizations, Reorganizations; (g) the shareholder fees under rule 12b–1 plans. Seafirst holders of the S and X shares of the services of the Acquiring Funds; and (h) shares in the Nations Non-Money Pacific Horizon Money Market Funds the investment advisory and other fees Market Funds also are subject to will become holders of the Daily shares paid by the Acquiring Funds, and the shareholder servicing fees, but not of the Nations Money Market Funds. historical and projected expense ratios distribution fees. None of the Nations Holders of the Y, Horizon, Pacific of the Acquiring Funds as compared Money Market Funds is subject to a Horizon, and Horizon Service shares of with those of the Acquired Funds. In front-end or contingent deferred sales the Pacific Horizon Money Market addition, the Acquired Funds’ Boards charge. Investor A shares in the Nations Funds will become holders, considered that the Acquired Funds’ Non-Money Market Funds are subject to respectively, of Service, Capital, shareholders would benefit from the a maximum sales load of 5.75%, and Investor, and Adviser shares of the distribution and shareholder servicing certain holders of Investor A shares are Nations Money Market Funds. Holders plans of the Acquiring Funds, as well as subject to a maximum contingent of the A, B, K, and SRF shares of the their shareholder services. Further, the deferred sales charge of 1.00%. Investor Pacific Horizon Non-Money Market Acquired Funds’ Boards considered B shares in the Nations Non-Money Funds will become holders, that, as a result of the Reorganizations, Market Funds are subject to a maximum respectively, of Investor A, Investor B, Acquired Fund shareholders should contingent deferred sales charge of Investor C, and Seafirst shares of the benefit from improved economies of 5.00%. Investor C shares in the Nations Nations Non-Money Market Funds. scale and will have access to a larger Non-Money Market Funds are subject to Applicants state that the rights and and more diverse family of mutual a maximum contingent deferred sales obligations of each class of shares of the funds. NBAI will assume all customary charge of 1.00%. Seafirst shares of the Acquired Funds are substantially expenses incurred by the Funds in Nations Non-Money Market Funds are similar to those of the corresponding connection with the Reorganizations. not subject to front-end or contingent class of shares of the Acquiring Funds. 13. The Reorganization Plans may be deferred sales charges. No sales load or contingent deferred terminated by mutual written consent of 8. The Acquired Funds also fall into sales charge will be imposed with the Acquiring Fund and the respective two categories. First, there are six respect to the shares of the Acquiring Acquired Fund at any time prior to the money market Acquired Funds that Funds to be issued in the Closing Date. In addition, either party

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Katz, registered investment companies that warranties, or covenants; or (d) a Secretary. are affiliated persons solely by reason of condition precedent to the party’s [FR Doc. 99–10624 Filed 4–27–99; 8:45 am] obligations cannot be met. having a common investment adviser, BILLING CODE 8010±01±M 14. Registration statements on Form common directors/trustees, and/or N–14 (‘‘N–14 Registration Statements’’) common officers, provided that certain were filed with the SEC on December conditions set forth in the rule are SECURITIES AND EXCHANGE 23, 1998 and December 31, 1998, and satisfied. COMMISSION became effective on January 23, 1999 3. Applicants believe that they may and January 30, 1999, respectively. not rely on rule 17a–8 because the [Investment Company Act Release No. 23809; 812±11488] Applicants mailed prospectus/proxy Funds may be affiliated for reasons statements to shareholders of the other than those set forth in the rule. First, the BankAmerica Group holds of STI Classic Funds, et al.; Notice of Acquired Funds on or about February 8, Application 1999. A special meeting of the Acquired record more than 5% of the outstanding Fund shareholders will be held on or voting securities of certain of the Funds. April 23, 1999. about May 3, 1999. Because of this ownership, certain of the AGENCY: Securities and Exchange Funds may be deemed an affiliated Commission (‘‘Commission’’). 15. The consummation of the person of Bank America under section ACTION: Notice of an application under Reorganizations is subject to the 2(a)(3)(B). Second, NBAI and Bank of section 17(b) of the Investment following conditions, as set forth in the America are under the common Company Act of 1940 (the ‘‘Act’’) for an Reorganization Plans: (a) The N–14 ownership and control of Bank-America exemption from section 17(a) of the Act. Registration Statements with regard to Corporation. Because of this ownership, the Acquiring Funds, other than two each Acquiring Fund may be deemed an SUMMARY OF THE APPLICATION: master portfolios, will have become ‘‘affiliated person of an affiliated Applicants request an order to permit effective; (b) the Acquired Fund person’’ of each Acquired Fund under certain series of STI Classic Funds to shareholders will have approved the sections 2(a)(3)(C) and (E) of the Act. acquire all of the assets and liabilities of Reorganization Plans; (c) applicants will Third, BankAmerica Group holds of certain series of CrestFunds, Inc. and have received exemptive relief from the record, with power to vote, more than The Arbor Fund (the ‘‘Reorganization’’). SEC with respect to the issues in the 25% of certain Funds. These Funds may Because of certain affiliations, application; (d) the applicants will have be deemed to be under common control, applicants may not rely on rule 17a–8 received an opinion of counsel and thus affiliated persons under under the Act. concerning the federal income tax section 2(a)(3)(C). Accordingly, the aspects of the Reorganizations; and (e) APPLICANTS: STI Classic Funds (‘‘STI’’), Reorganizations may not meet the CrestFunds, Inc. (‘‘CrestFunds’’), the each Acquired Fund will have declared ‘‘solely by reason of’’ requirement of a dividend or dividends to distribute Arbor Fund (‘‘Arbor’’) and SunTrust rule 17a-8. Applicants thus are Banks, Inc. (‘‘Adviser’’). substantially all of its investment requesting an order pursuant to section FILING DATES: The application was filed company taxable income and net capital 17(b) of the Act exempting them from on February 1, 1999. Applicants have gain, if any, to its shareholders. section 17(a) to the extent necessary to agreed to file an amendment to the Applicants agree not to make any consummate the Reorganizations. material changes to the Reorganization 4. Section 17(b) of the Act provides application during the notice period, the Plans that affect the applicant without that the SEC may exempt a transaction substance of which is reflected in this prior SEC approval. from the provisions of section 17(a) if notice. HEARING OR NOTIFICATION OF HEARING: An Applicants’ Legal Analysis the evidence establishes that the terms of the proposed transaction, including order granting the application will be 1. Section 17(a) of the Act generally the consideration to be paid, are issued unless the Commission orders a prohibits an affiliated person of a reasonable and fair and do not involve hearing. Interested persons may request registered investment company, or an overreaching on the part of any person a hearing by writing to the affiliated person of that person, acting as concerned, and that the proposed Commission’s Secretary and serving principal, from selling any security to, transaction is consistent with the policy applicants with a copy of the request, or purchasing any security from, the of each registered investment company personally or by mail. Hearing requests company. Section 2(a)(3) of the Act concerned and with the general should be received by the Commission defines an ‘‘affiliated person’’ of another purposes of the Act. by 5:30 p.m. on May 13, 1999, and person to include (a) any person that 5. Applicants submit that the terms of should be accompanied by proof of directly or indirectly owns, controls, or the Reorganizations satisfy the service on applicants in the form of an holds with power to vote 5% or more standards set forth in section 17(b). affidavit or, for lawyers, a certificate of of the outstanding voting securities of Applicants note that the Boards, service. Hearing requests should state the other person; (b) any person 5% or including a majority of the Disinterested the nature of the writer’s interest, the more of whose outstanding voting Trustees, found that participation in the reason for the request, and the issues securities are directly or indirectly Reorganizations is in the best interest of contested. Persons who wish to be owned, controlled or held with power to each Fund and that the interests of the notified of a hearing may request vote by the other person; (c) any person existing shareholders of each Fund will notification by writing to the directly or indirectly controlling, not be diluted as a result of the Commission’s Secretary. controlled by, or under common control Reorganizations. Applicants also note ADDRESSES: Secretary, Commission, 450 with the other person; and (d) if the that the exchange of the Acquired Fifth Street, N.W., Washington, D.C.

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20549–0609. Applicants, c/o W. John including all of the trustees/directors subject to a CDSC. Flex shares are McGuire, Esq., Morgan Lewis & Bockius who are not ‘‘interested persons,’’ as subject to a CDSC and a 12b–1 Fee but LLP, 1800 M Street, N.W., Washington, defined in section 2(a)(19) of the Act no front end load. Institutional Shares DC 20036–5869. (‘‘Independent Directors’’), unanimously are not subject to a front end load, FOR FURTHER INFORMATION CONTACT: John approved an agreement and plan of CDSC, or 12b–1 Fee. CrestFunds offers K. Forst, Attorney-Advisor, at (202) reorganization (‘‘Plan’’). Under the Plan, shares in three classes: Trust Class 942–0569 (Division of Investment on one of the dates of the exchange Shares, Investor Class A Shares (‘‘A Management, Office of Investment (each a ‘‘Closing Date’’ and collectively, Shares’’), and Investor Class B Shares Company Regulation). the ‘‘Closing Dates’’), which are (‘‘B Shares’’). Certain Trust Class Shares currently anticipated to be May 17 and are subject to a 12b–1 Fee and none are SUPPLEMENTARY INFORMATION: The 24, 1999, each Acquiring Fund will subject to a front end load or CDSC. following is a summary of the acquire all of the assets and liabilities of Certain A Shares are subject to a front application. The complete application the respective Selling Fund in exchange end load; all A shares are subject to a may be obtained for a fee from the for shares of the Acquiring Fund that 12b–1 Fee; and no A Shares are subject Commission’s Public Reference Branch, have an aggregate net asset value to a CDSC. B Shares are subject to CDSC 450 Fifth Street, N.W., Washington, D.C. (‘‘NAV’’) equal to the aggregate NAV of and 12b–1 Fees, but are not subject to 20549–0102 (telephone (202) 942–8090). the Selling Fund as of the close of a front end load. The participating series Applicants’ Representations business on the business day preceding of Arbor offer a single class that is not 1 1. STI, a Massachusetts business trust, the Closing Date. As soon as practical subject to a 12b–1 Fee, a front end load, is registered under the Act as an open- after the applicable Closing Date, each or a CDSC. Holders of Trust Class end management investment company Selling Fund will liquidate and Shares will receive Trust Shares; comprised of 34 series, 17 of which (the distribute pro rata the shares of the holders of A Shares will receive Investor corresponding Acquiring Fund to the Shares (except for holders of A Shares ‘‘Acquiring Funds’’) will participate in shareholders of the Selling Fund. The of the Special Equity Fund who will the Reorganization. CrestFunds, a value of the assets of the Funds will be receive Trust Shares of the Maryland corporation, is registered determined in the manner set forth in corresponding STI Fund); holders of B under the Act as an open-end the Funds’ then-current prospectuses Shares will receive Flex Shares (Except management investment company and and statements of additional for holders of B Shares of the Cash is currently comprised of 15 series, all information. Reserve Fund who will receive Investor of which will participate in the 4. Applicants state that the Shares of the corresponding STI Fund); Reorganization. Arbor is a investment objectives, restrictions, and and holders of Arbor shares will receive Massachusetts business trust registered limitations of each Acquiring Fund are Institutional Shares. No front end load under the Act as an open-end substantially similar or identical to or CDSC will be imposed in connection management investment company and those of each corresponding Selling with the Reorganization. is currently comprised of 13 series, 2 of Fund. STI offers shares in four classes: 5. Reorganization expenses will be which will participate in the Trust Shares, Investor Shares, Flex borne by the CrestFunds and the STI, as Reorganization (participating series of Shares, and Institutional Shares. Trust determined by their respective Boards. the CrestFunds and Arbor are referred to Shares are not subject to a front end The Arbor Board determined that the as the ‘‘Selling Funds’’). sales load, contingent deferred sales payment of reorganization expenses by 2. The adviser is a Georgia charge (‘‘CDSC’’), or asset-based Arbor would not be appropriate. The corporation and a bank holding distribution fee (‘‘12b–1 Fee’’). Certain Adviser and its affiliates will pay company. STI Capital Management, Investor Shares are subject to a front end Reorganization expenses that the N.A. (‘‘STI Capital’’), Trusco Capital load and/or a 12b–1 Fee but none are respective Boards did not authorize Management, Inc. (‘‘Trusco’’), and Selling Funds or Acquiring Funds to SunTrust Bank, Atlanta (‘‘SunTrust 1 Selling Funds and the corresponding Acquiring pay. Bank’’), each an indirect wholly-owned Funds are: 1. CrestFund Capital Appreciation Fund 6. The Boards, including all of the subsidiary of the Adviser, are and STI Capital Appreciation Fund, 2. CrestFund Independent Trustees, determined that Special Equity Fund and STI Small Cap Growth investment advisers to the STI Funds. Stock Fund, 3. CrestFund Intermediate Bond Fund the Reorganization is in the best Trusco is registered under the and STI Investment Grade Bond Fund, 4. CrestFund interests of the shareholders of each Investment Adivsers Act of 1940 (the Cash Reserve Fund and STI Prime Quality Money Selling Fund and its respective ‘‘Advisers Act’’). STI Capital and Market Fund, 5. CrestFund Government Bond Fund Acquiring Fund, and that the interests and STI U.S. Government Securities Fund, 6. SunTrust Bank are banks and are not CrestFund Limited Term Bond Fund and STI Short- of the existing shareholders of each required to register under the Advisers Term Bond Fund, 7. CrestFund U.S. Treasury Selling Fund and its respective Act. Crestar Asset Management Money Fund and STI U.S. Treasury Money Market Acquiring Fund would not be diluted by Company (‘‘CAMCO’’) is an indirect, Fund, 8. CrestFund Tax Free Money Fund and STI Tax-Free Money Market Fund, 9. CrestFund Value the Reorganization. In assessing the wholly-owned subsidiary of the Adviser Fund and STI Growth and Income Fund, 10. Reorganization, the Boards considered and is registered under the Advisers CrestFund Virginia Municipal Bond Fund and STI various factors including: (a) the terms Act. CAMCO is the investment adviser Virginia Municipal Bond Fund, 11. CrestFund and conditions of the Reorganization; to the CrestFunds and the Arbor Selling Virginia Intermediate Municipal Bond Fund and STI Virginia Intermediate Municipal Bond Fund, (b) compatibility of the Funds’ Funds. On the Closing Date, as defined 12. CrestFund Maryland Municipal Bond Fund and objectives and policies; (c) performance below, the Adviser, through its bank STI Maryland Municipal Bond Fund, 13. CrestFund of the corresponding Acquiring Funds; subsidiaries, as fiduciary for its Maximum Growth Portfolio and STI Life Vision (d) experience and resources of the customers, may own of record more Maximum Growth Portfolio, 14. CrestFund and Income Portfolio and STI Life Vision Growth and advisers for the corresponding than 5% (in some cases 25% or more) Income Portfolio, 15. CrestFund Balanced Portfolio Acquiring Funds; (e) expense ratios of of the Acquiring and Selling Funds. and STI Life Vision Balanced Portfolio, 16. Arbor the combined Funds; (f) potential 3. On February 17, 19, and 22, 1999, Prime Obligations Fund and STI Classic economies of scale to be gained from the Institutional Cash Management Money Market the boards of trustees/directors of STI, Fund, and 17. Arbor U.S. Government Securities Reorganization; (g) advantages of CrestFunds, and Arbor Funds, Money Fund and STI Classic Institutional U.S. increased investment opportunities for respectively, (together, the ‘‘Boards’’), Government Securities Money Market Fund. the Selling Funds’ shareholders; (h) tax-

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Relating to considered that the Fund will be with the Reorganization because the a Consolidated Limit Order Book for required to pay its pro-rata portion of Funds may be deemed to be affiliated by Equity Securities the Reorganization expenses. reasons other than having a common 7. The Reorganization is subject to a investment adviser, common directors, April 16, 1999. number of conditions precedent, and/or common officers. Applicants Pursuant to Section 19(b)(1) of the including that: (a) the Reorganization is state that at the Closing Date, the Securities Exchange Act of 1934 approved by the Boards and each of the Adviser, through its bank subsidiaries, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Selling Funds’ shareholders in the as fiduciary for its customers, may own notice is hereby given that on March 1, manner required by applicable law; (b) 3 of record more than 5% (in some cases 1999, as amended on April 16, 1999, the Acquiring and Selling Funds receive 25% or more) of the Acquiring and the Pacific Exchange, Inc. (‘‘PCX’’ or opinions of counsel that the Selling Funds. ‘‘Exchange’’) filed with the Securities Reorganization will not result in federal and Exchange Commission 4. Section 17(b) of the Act provides income taxes for each Fund or its (‘‘Commission’’ or ‘‘SEC’’) the proposed that the Commission may exempt a shareholders; and (c) applicants receive rule change to implement a transaction from the provisions of from the Commission an exemption consolidated limit order book (‘‘CLOB’’) section 17(a) if the evidence establishes from section 17(a) of the Act for the as described in Items I, II and III below, that the terms of the proposed Reorganization. The plan may be which Items have been prepared by the transaction, including the consideration terminated and the Reorganization Exchange. The Commission is to be paid, are reasonable and fair and abandoned by mutual consent of the publishing this notice to solicit do not involve overreaching on the part Boards or by either party in case of a comments on the proposed rule change of any person concerned, and that the breach of the Plan. Applicants agree not from interested persons. to make any material changes to the proposed transaction is consistent with Plan without prior Commission the policy of each registered investment I. Self-Regulatory Organization’s approval. company concerned and with the Statement of the Terms of Substance of 8. Definitive proxy solicitation general purposes of the Act. the Proposed Rule Change materials have been filed with the 5. Applicants request an order under The Exchange is proposing to Commission and were mailed to section 17(a) of the Act exempting them implement a CLOB for orders for equity shareholders of the Selling Funds on from section 17(a) to the extent securities that are entered into the April 7, 1999. A special meeting of necessary to complete the Exchange’s P/COAST trading system. shareholders is scheduled for May 7, Reorganization. Applicants submit that Proposed new language is italicized; 1999. the Reorganization satisfies the proposed deletions are in brackets.4 Applicant’s Legal Analysis standards of section 17(a) of the Act. * * * * * Applicants believe that the terms of the 1. Section 17(a) generally prohibits an Reorganization are fair and reasonable ¶ 3995 Orders: Other Floor affiliated person of a registered and do not involve overreaching. investment company, or an affiliated Rule 5.8(a). [Should an order to buy Applicants state that the Reorganization or sell be received from the other Floor person of such a person, acting as will be based on the relative NAVs of principal, from selling any security to, for entering in the specialist’s book] the corresponding Acquiring and When an order is entered into the or purchasing any security from, the Selling Funds’ shares. Applicants also company. Section 2(a)(3) of the Act Consolidated Limit Order Book at the state that the investment objectives, same price at which a floor bid or offer defines an ‘‘affiliated person’’ of another policies and restrictions of the person to include (a) any person directly is being made at the specialist’s post, corresponding Selling and Acquiring the floor bid or offer shall maintain or indirectly owning, controlling, or Funds are identical or substantially holding with power to vote 5% or more priority so long as the bidder or offeror similar. In addition, applicants state that remains within the immediate vicinity of the outstanding voting securities of the Boards, including all of the the other person; (b) any person 5% or of the post to which the security Independent Trustees, have made the involved is assigned or the order is more of whose securities are directly or requisite determinations that the indirectly owned, controlled, or held participation of the corresponding 1 with power to vote by the other person; 15 U.S.C. 78s(b)(1). Acquiring and Selling Funds in the 2 (c) any person directly or indirectly 17 CFR 240.19b–4. Reorganization is in the best interests of 3 See Letter from Michael Pierson, Director, controlling, controlled by or under each Fund and that such participation Regulatory Policy, PCX to Michael Walinskas, common control with the other person; Deputy Associate Director, Division of Market will not dilute the interests of Regulation, Commission, dated April 16, 1999 and (d) if the other person is an shareholders of the Funds. investment company, any investment (‘‘Amendment No. 1’’). Amendment No. 1 made technical changes to the filing and further described adviser of that company. For the Commission, by the Division of Investment Management, under delegated the functioning of the CLOB. 2. Rule 17a–8 under the Act exempts 4 authority. On August 17, 1998, the Exchange filed an from the prohibitions of section 17(a) earlier version of this proposal with the mergers, consolidations, or purchases or Jonathan G. Katz, Commission. See File No. SR–PCX–98–39. Since Secretary. that time, the Exchange modified the original sales of substantially all of the assets of proposal in several respects and accordingly, the registered investment companies that [FR Doc. 99–10646 Filed 4–27–99; 8:45 am] Exchange has determined to withdraw SR–PCX–98– are affiliated persons, or affiliated BILLING CODE 8010±01±M 39 and refile it as modified.

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(1) A specialist holding Where a security is traded by more than on-close; (ii) all-or-none; (iii) a ‘‘tick manual orders must notify the other one specialist [on both floors], the sensitive’’ order (including buy minus, specialists trading the security in order specialist who received the order will be sell plus, sell short, or sell short for those orders to have standing. [A responsible for properly coordinating exempt); (iv) stop; or (v) stop limit; or specialist on one Floor holding orders in and synchronizing orders (and (b) execution of the order would result his book shall notify the specialist on executions) with the specialist on the in a double-uptick (or double-downtick) the other Floor of such orders to have other Floor. or would result in a new high (or new any standing on the other Floor.] (2) If a specialist notifies a contra * * * * * low) price for the day; or (c) the specialist stops the order; or specialist of orders in P/COAST, or if ¶ 3999 Priority of Bids and Offers (d) there are extraordinary market there are orders in the CLOB, the contra Rule 5.8(c). When a bid or offer is conditions or systems problems. specialist may not execute orders at or clearly established as the first made at * * * * * through the limit of such orders in P/ a particular price [regardless of the COAST or the CLOB without all such ¶ 4229 Disclosure of Specialists’ orders being filled. [If the specialist on floor], the maker shall be entitled to Orders Prohibited priority and shall have precedence on one Floor notifies the specialist on the the next sale at that price, up to the Rule 5.29(d). No specialist shall other Floor of orders in his book, there number of shares of stock or principal directly or indirectly, disclose to any can be no transactions on the other floor amount of bonds specified in the bid or person other than a [the] co-specialist by the specialist for his own account at offer irrespective of the number of [on the other Floor], a member of the or through the limit of such orders shares of stock or principal amount of Floor Trading Committee, or an official without all such orders being filled.] bonds specified in such bid or offer. of the Exchange, any information in (3) If a specialist fails to notify the A member having priority on the floor regard to orders entrusted to him as a contra specialist of manual orders or with a bid or offer may not increase the specialist, except that the specialist may orders in P/COAST and the contra size of his bid or offer if objection is disclose the size of the bid or offer, and specialist executes a transaction at or made by another member. By placing may disclose information contained in through the limit of such orders, the his order with the specialist he may [his book] the Consolidated Limit Order specialist failing to notify the contra maintain his priority, but in an amount Book: specialist will be responsible for an no greater than originally bid for or (i) for the purpose of demonstrating execution of the orders in P/COAST. For offered by him on the Floor. Orders so the methods of trading to visitors to the purpose of this rule, a specialist will be placed may be accepted as and retain Floor; or deemed to have notified the contra (ii) to other market centers in order to the status of open orders if so specialist of the manual orders or orders facilitate the operation of ITS or any designated at the time of placement but in P/COAST if they are being other Application of the System shall not gain priority over orders represented in the CLOB. [If the provided, in either case, that at the same existing in the Consolidated Limit Order specialist on one Floor fails to notify the time he makes the information so Book [specialist’s book] at the time the specialist on the other Floor of orders in disclosed available to all members. member secured the Floor with his his book and transactions take place on original bid or offer. Commentary the other Floor at or through the limit of such orders, the specialist failing to Commentary .01 No change. notify the specialist on the other Floor .01 No Change. * * * * * will be responsible for an execution of the orders in his book.] * * * * * ¶ 4253 Specialists’ Coordination * * * * * P/COAST Rule 5.30(b). Specialists registered in the same security which is traded by ¶ 4271 Suspend Trading ¶4153 Pacific Computerized Order more than one specialist will [on both Access[s] SysTem Rule 5.31(b)(1). When the flow of Floors shall] be responsible for orders in a security traded by more than Rule 5.25(a)–(f) No change. establishing a unified opening sale in one specialist [on both Floors] does not such security and thereafter throughout Consolidated Limit Order Book allow [either] a specialist to maintain an each trading session shall maintain such orderly market in such security, such Rule 5.25(g). Incoming Equity orders degree of contact with each other as will [either] specialist may suspend trading, entered into the Exchange’s P/COAST [insure] ensure the interchange of such and he shall announce such suspension: trading system will be maintained in information respecting existing or (i) on his respective Floor, and executed through the Exchanges indicated potential bids and offers as (ii) to the other specialists in the Consolidated Limit Order Book may be necessary to maintain fair, security [on the other Floor] who also (‘‘CLOB’’). Incoming market and orderly and integrated markets in such shall suspend trading, marketable limit orders are immediately securities. (iii) on the ticker, executed against orders in the CLOB (iv) to the ITS Control Center (ICC) for based on price and time priority, once [¶ 4255 Responsibility for ITS eligible securities. they have been displayed for possible Coordination The specialist first taking action shall price improvement. Incoming orders Rule 5.30(c). Whenever a specialist’s immediately notify the Floor Trading other than market and marketable limit market or the market on his respective Committee Members of his respective orders will be maintained in the CLOB, Floor equals or betters a competitive Floor of the suspension and trading may

VerDate 26-APR-99 16:05 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.XXX pfrm03 PsN: 28APN1 22890 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices be resumed only at the direction of the the partial of the multiple order he has account only under the following Floor Trading Committee. guaranteed. conditions: Rule 5.32(b)(2). No change. Rule 5.31(b)(2). When the flow of (1) When he is making the highest bid orders in a security traded by only one Rule 5.32(b)(3). When a specialist is or the lowest offer if the difference specialist [only on one Floor] does not requested to execute on a PMP basis all between the bid and offer is more than allow the specialist to maintain an or part of a multiple order, he shall one applicable trading differential, he orderly market in such security, the notify all other PCX [the] specialists [on specialist may suspend trading, and he the other Floor] registered to trade that may ‘‘stop’’ stock for his own account in shall announce such suspension: issue if technically possible prior to his own book up to 50% of the number (i) on his respective Floor, relinquishing part of the order to other of shares bid for or offered in his book.] (ii) to the other Floor, markets. ¶ 4299 Effecting Executions of Stop (iii) on the ticker, Rule 5.32(b)(4). No change. Orders Held by Specialists (iv) to the ITS Control Center (ICC) for * * * * * ITS eligible securities. [Rule 5.33(h)] Rule 5.33(f). No The specialist shall immediately ¶ 4287 Specialists Placing Orders in [Own Book] the Consolidated Limit Order specialist shall make a transaction for notify the Floor Trading Committee Book for Own Account his own account in a stock in which he Members of his respective Floor of the is registered that would result in putting suspension and trading may be resumed Rule 5.33(b). No specialist may place into effect any stop order he may have only at the direction of such Committee orders in the Consolidated Limit Order in the Consolidated Limit Order Book; members. Book [his own book] for any account in [on his book;] provided, however, a * * * * * which he or his firm or any participant specialist may be party to the election therein is directly or indirectly of a stop order when (a) his bid or offer, ¶ 4279 Guaranteeing PMP 5 on Portion interested, except in special situations made with the approval of a Floor of Multiple Orders (e.g., when rights or arbitrage is Official, has the effect of bettering the involved) in which the Floor Trading Rule 5.32(b)(1). When a specialist is market, and (b) he guarantees that the representing an order in the Committee grants such permission on specific issues. stop order will be executed at the same Consolidated Limit Order Book [has an price as the electing sale. order in his book] and subsequently [¶ 4289 Specialist’s Own Orders in * * * * * guarantees the primary market price on Other Specialist Book Prohibited a partial of a multiple order, if the Minor Rule Plan effective price on the partial is equal to Rule 5.33(c). No specialist on one or through the limit of the order in the Floor may place orders for any account Rule 10.13(a)–(h) No change. Consolidated Limit Order Book [his in which he or his firm or any book], the following shall apply: participant therein is directly or (i) Minor Rule Plan: Equity Floor indirectly interested in the book of the (i) If the effective price on the partial Decorum and Minor Trading Rule specialist on the other Floor in any order is equal to the limit of the order Violations security in which he is registered as in the Consolidated Limit Order Book specialist.] (1)–(12) No change. [his book], the specialist shall give up to the order in the Consolidated Limit ¶ 4291 Specialist Options (13) Specialist kept an order in the Manual-Ex Window of P.COAST for Order Book [his book]; [Rule 5.33(d)] Rule 5.33(c). No more than two minutes (and there is no (ii) If the effective price on the partial change. order is through the limit of the order applicable exemption to this in the Consolidated Limit Order Book ¶ 4293 Specialist Joint Accounts requirement under Rule 5.25(g)(1)). [his book], the specialist shall fill the [Rule 5.33(e)] Rule 5.33(d). No * * * * * order in the Consolidated Limit Order change. Book [his book] and record the (k) Minor Rule Plan: Recommended transaction when a price through the ¶ 4295 Specialist—Puts—Calls Fine Schedule limit appears on the tape, after which [Rule 5.33(f)] Rule 5.33(e). No change. when the member for whom he (i) No changes. guaranteed the partial reports the [¶ 4297 Specialist Stopping Stock for His Own Account (iii) Equity Floor Decorum and Minor execution price on the balance of the Trading Rule Violation 3 multiple order, the specialist shall Rule 5.33(g). A specialist may stop complete and record the transaction on stock in his own book for his own (1)–(12) No change.

No. of Violations Fine Amount

*(13) Specialist kept an order in the Manual-Ex Window of P/COAST for more than two minutes 1±5 ...... Official Warning (and there is no applicable exemption to this requirement under Rule 5.25(g)(1)). 6±10 ...... $50 11+ ...... $100

5 ‘‘PMP’’ means Primary Market Protection. 3 Fines for multiple violations of Equity Floor denoted with an asterisk are calculated on a Decorum and Minor Trading Rules are calculated running one-year basis. on a running two-year basis, except that violations

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II. Self-Regulatory Organization’s through the P/COAST system, it would priority.10 If there are no limit orders in Statement of the Purpose of, and either be placed in a specialist’s limit the CLOB at the NBBO, then the order Statutory Basis for, the Proposed Rule order book or be executed by the may execute against a specialist’s Change specialist who received the order. If a proprietary quote at the NBBO. A In its filing with the Commission, the specialist in one city received an order, specialist may also cause an incoming Exchange included statements and if a specialist in the other city held market or marketable limit order to concerning the purpose of and basis for a limit order with time priority that execute immediately against a limit the proposed rule change and discussed matched against the newly received order in the CLOB, without waiting for any comments it received on the order, the specialists would be 15 seconds to pass.11 responsible for assuring that the two proposed rule change. The text of these Non-marketable limit orders (i.e., statements may be examined at the orders were executed in accordance orders to buy that are priced below the places specified in Item IV below. The with PCX’s priority rules.8 national best offer and orders to sell that Exchange has prepared summaries, set The Exchange developed the CLOB as are priced above the national best bid) forth in sections A, B and C below, of part of its continuing effort to enhance the most significant aspects of such that arrive through the P/COAST communication between PCX’s two 12 statements. system will move from the auto-ex trading floors. All round-lot orders sent window into the CLOB after 15 seconds to the Exchange through the P/COAST A. Self-Regulatory Organization’s unless the specialist executes the order system are initially displayed to the Statement of the Purpose of, and or moves it to the computer screen’s Statutory Basis for, the Proposed Rule specialist designated to receive them Change (based on prior arrangements or designation on an alternating basis). 10 (1) Purpose Generally, if executing an order at the NBBO Limit orders that are not immediately would result in a double-uptick, double-downtick, a. Background. The Exchange is executed by the designated specialist new high for the day, or new low for the day, the proposing to change its rules to will be maintained in the CLOB, subject P/COAST system will send the order to the specialist’s manual-ex window for further handling, implement a CLOB for orders for equity to the exceptions discussed below. instead of automatically executing the order at the securities that are entered into the Orders in the CLOB continue to be NBBO. The system will not prevent a specialist Exchange’s P/COAST 6 trading system. represented by the designated specialist. from then manually executing the order at the The CLOB has been designed to The CLOB eliminates the need for each NBBO in those circumstances. facilitate the execution of customer The P/COAST system also uses a ‘‘background specialist to manually match incoming execution parameter’’ that allows the specialist to orders in time priority pursuant to orders against limit orders with priority program the system to execute all market and Exchange Rules.7 that are represented by another marketable limit orders that are smaller than a The Exchange currently operates two specialist. certain designated size, at the disseminated market equity trading floors, one in San price, without first being displayed for price b. Order Handling Under the CLOB. 1. improvement. This feature is typically used for very Francisco and one in Los Angeles. For Overview. Under the P/COAST system, small orders (generally, those under 100 shares). most of the equity securities traded on all incoming orders in an equity security Currently, the size of the background parameter can the Exchange, there are two Registered only be activated for all securities at a given are specified for representation by one Specialists continuously making two- specialist post and cannot be activated security-by- sided markets. The Exchange of the specialists in that issue, and security. Orders smaller than the background appear on that specialist’s computer execution parameter will receive an automatic disseminates a consolidated best bid execution at the NBBO, even if that would result and offer reflecting orders held by both screen on the automatic-execution (‘‘auto-ex’’) window for up to 15 in a double-uptick, double-downtick, new high for specialists as well as any interest of the the day, or new low for the day. specialists for their own proprietary seconds. When market or marketable 11 The specialist is also able to cause a market or accounts. limit orders appear on the auto-ex marketable limit order to execute against orders in The Exchange route orders to a window, the specialist will have 15 the CLOB while simultaneously preventing an seconds to move the order to the execution against the specialist’s proprietary specialist in one city or the other based account. For example, if there are orders in the on arrangements that the specialists manual-ex window, where the specialist CLOB to buy 800 shares at $60, and orders to buy 9 have previously made with firms that may improve the execution price. If the 200 shares at $5915⁄16, and a market order to sell send orders to the Exchange. For orders specialist does not move the order to the 1,000 shares is entered, the specialist can cause the manual-ex window within 15 seconds, orders in the book at $60 to match against the for which neither specialist has made incoming order to sell, with the remainder of the specific arrangements with the firm the order, in most cases, will incoming order (200 shares) sent to the manual-ex sending the order, the Exchange will automatically execute against any limit window, without causing an execution against the generally assure that the orders are orders in the CLOB that are at or better specialist’s proprietary account. transmitted to the two specialists on an than the National Best Bid or Offer 12 Although most orders arrive in the Exchange (‘‘NBBO’’) according to price and time through the P/COAST system, some orders are sent alternating basis (e.g., the first order to floor brokers on the Exchange. Floor brokers goes to Specialist A, the next order to currently may enter these orders into the CLOB Specialist B, the next to Specialist A, 8 See PCX Rules 5.30(b)-(c). Rule 5.30(b) provides from a workstation at the floor broker’s booth. and so on). that specialists registered in the same security Because the CLOB has not yet been developed to which is traded on both floors are responsible for fully accommodate the processing of manual orders Prior to the CLOB’s implementation, establishing a unified opening sale in such security. received by floor brokers, the system has limitations if an incoming limit order was sent Moreover, throughout each trading session the that make it difficult for floor brokers to track orders specialists must stay in contact with one another to and receive reports on them. The PCX is currently 6 P/COAST, the ‘‘Pacific Computerized Order ensure that they maintain fair, orderly and implementing a systems change to facilitate the Access System,’’ is the Exchange’s communication, integrated markets in such securities. Rule 5.30(c) entry and processing of manual limit orders in the order routing and execution system for equity provides that whenever a specialist’s market or the CLOB. The change will allow floor brokers to track securities. It operates on a dual processing system, market on his respective floor equals or betters a their orders more efficiently and to receive reports with mainframe computers in San Francisco and competitive market, he will immediately inform the on their orders directly from the system. The Los Angeles. The system allows trading to be specialist on the other floor, if technically possible. Exchange anticipates that the systems change will integrated from two separate trading floors. See PCX 9 The practice of moving orders to the manual-ex be implemented by the end of April 1999. The Rule 5.25. window, and proposed rule changes associated Exchange currently does not require floor brokers 7 See PCX Rule 5.8(c). with that practice, are discussed below. to place limit orders in the CLOB, however.

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The CLOB’s automatic price based on an execution in the so allows the specialist greater execution feature executes incoming primary market, the CLOB will assure flexibility in providing price market orders in the following manner. that the order (or orders) will be improvement for customer orders and Assume that Specialist A and Specialist executed in accordance with time conducting price discovery in other B are both representing non-marketable priority. For example, assume that markets when handling market orders limit orders in the CLOB to buy XYZ Specialist A and Specialist B are both on the PCX. Placing an order on the stock at $20, which is the national best representing orders to buy XYZ stock at manual-ex window also allows the bid, and further assume that the orders $20, and those orders were entered in specialist to continue to work in order were entered in the following sequence: the following sequence: one order for that cannot be placed in the CLOB. The one order for Specialist A (100 shares), Specialist A, one order for Specialist B, practice also allows the specialist to one order for Specialist B (100 shares), and ten orders for Specialist A. If a print process orders with special instructions and ten orders for Specialist A (100 at $20 occurs on the primary market and from the customer. shares per order), so that the two Specialist A attempts to execute all limit The P/COAST system automatically specialists are collectively representing orders in his or her custody to buy XYZ routes certain types of incoming orders 12 orders to buy 1,200 shares of XYZ stock at $20, the CLOB will allow the from the auto-ex window to the manual- stock. If an incoming market order to first order to be executed, but will ex window for manual handling. These sell 2,000 shares of stock is received for prevent the next 10 orders from also include: representation by Specialist A, that being executed simultaneously because order will be displayed for 15 seconds (a) Marketable limit orders whose the order held by Specialist B has time execution would result in a double- on Specialist A’s auto-ex window, priority. If Specialist B manually 16 giving Specialist A the opportunity to uptick (or double-downtick), or a new executes the order with priority that he high (or new low) for the day (but only improve the price, and then will be or she is representing from the limit executed in time priority sequence if the firm that entered the order has order book, prior to Specialist A’s specifically requested that such against the various orders in the execution of the ‘‘limit alert,’’ Specialist CLOB—i.e., it will first execute against executions do not occur on their A would then be permitted to execute orders); 17 the first order being represented by simultaneously all of the other orders at Specialist A, then against the order (b) Orders that cannot be placed in the that price. However, Specialist A would book at all (e.g., market, marketable being represented by Specialist B, and immediately receive a CLOB ‘‘violation’’ finally, against the 10 orders being limit, market-on-close, fill or kill, or message that Specialist B had executed sell-short at the market); represented by Specialist A. The an order out of time priority sequence. remaining 800 shares would either be If that occurs, Exchange Surveillance (c) Market and marketable limit orders executed at $20, against Specialist A’s personnel would receive a report that that have been partially executed from proprietary account, or be placed in this time or price priority violation had the auto-ex window (but limit orders in Specialist A’s manual-ex window for occurred.15 the book that receive a partial execution further handling. If the remainder of the 4. Opening of Trading. At the opening will not go to the manual-ex window order is placed in Specialist A’s manual- of trading, all market orders that a because no orders in the book can go to ex window, it may be executed against specialist is representing are executed at the manual-ex window); and other orders that may be in the CLOB at the opening price on the primary (d) Large orders, for more than a a lower price (or prices), if that lower market. In addition, the P/COAST number of shares that has been price now constitutes the NBBO. system electronically checks the limit designated by the specialist.18 3. Manual Execution of Limit Orders. order file and executes all buy orders At times, a specialist may place a Once a limit order is in the CLOB, the priced above the primary market limit order that would match or improve specialist who represents it may opening price and all sell orders priced manually execute it through the below the primary market opening 16 A ‘‘double-uptick’’ on the PCX means that a specialist’s Limit Order Book Window. price. These orders are executed at the trade has been executed on the PCX at a price that The specialist may do this if, for is more than one trading differential away from the opening price on the primary market. example, there is a trade on the primary last print on the primary market. For example, if the The system also provides a limit alert to last execution price on the primary market is $20, market at the limit order price. The P/ advise the specialists that there are limit then a double uptick would occur on the PCX if an COAST system will notify both PCX order were executed on the PCX at $20 1/8, because specialists in an issue of the first print orders in the book priced equal to the currently, the minimum trading differential in 1/16. on the primary market that occurs at a opening price on the primary market. Conversely, a trade on the PCX at 19 7/8 would be c. Manual Handling of Orders. The a ‘‘double-downtick’’ if the last execution price on price equal to the limit price of an order manual-ex window of P/COAST the primary market is $20. (or orders) in the CLOB. It will also provides specialists with flexibility that 17 When orders are automatically sent to the notify both PCX specialists of the first manual-ex window for one of these reasons, a is needed in the special handling of message is sent to the customer stating that the customer is guaranteed to receive a certain price or 13 A specialist’s handling of non-marketable limit 14 A ‘‘limit alert’’ is a proxy that groups together better. orders in the manual-ex window is discussed in 18 more detail below. all orders in the CLOB that are then being The P/COAST system accepts all orders for Motreover, specialists may reject limit orders that represented by a specialist at a given price. A 10,099 shares or less. The system also provides appear clearly erroneous. For example, if the last specialist who executes a ‘‘limit alert’’ will, in automatic executions of all market orders for 1,099 sale is 122, an order to trade at 22 could be rejected, effect, be attempting to execute all of the limit shares or less, although order flow providers may If an order has been rejected, then depending on the orders covered by the proxy, without committing a set higher parameters for the automatic execution entering firm’s previous instructions to the priority violation. Upon the execution of the ‘‘limit of market orders they send. All non-marketable Exchange, the order will be routed: (a) to the contra alert,’’ the CLOB will only allow the execution of limit orders, including those over the size specialist (i.e., the other specialist in that issue); (b) orders that may be executed without causing a designated by an order flow provider, are routed to to the firm that entered the order; or (c) to the priority violation to occur. If there are unexecuted the CLOB upon time-down or acceptance by the Exchange’s P/COAST Service Center. If a specialist limit orders remaining in the CLOB at the same specialist. If an incoming market or marketable is in the process of executing an order, the price, the specialist who executed the limit alert limit order exceeds the automatic execution specialist may reject a subsequent request to will be so notified. parameter set by an order flow provider, the order ‘‘cancel’’ or ‘‘CFO’’ (‘‘cancel former order’’) that 15 Out of priority executions are further discussed will be routed automatically, upon time-down or order. below. acceptance, to the specialist’s manual-ex window.

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A specialist may not staff will follow up with the specialist. Order Display Widow allows specialists want to execute the order until those In any event, a specialist who violates to view summaries of limit orders conditions have changed, so that the the two minute limit will first be residing in the CLOB. Currently, a specialist can determine the best price. warned and subsequently fined.22 An specialist can view limit orders that the A specialist may manually change the order may not remain in a specialist’s contra specialist represents only to the PCX quote to reflect the limit order. manual-ex window after the close of a extent they are priced at or better than Alternatively, in the course of trading day under any circumstances. At the primary market. The PCX intends to conducting price discovery, the the close of trading, the P/COAST effect a systems change 24 to allow all specialist may lay off a limit order of system notifies the PCX customer specialists in an issue to view equal size onto the primary market, in service staff of any orders that are summaries of all orders in the CLOB via which case the initial limit order would remaining in any specialists’ manual-ex the Limit Order Display Window. not be reflected in the Exchange’’s windows, and the staff will then notify 3. Executing Orders in CLOB. The disseminated quote, but should be the specialist so that appropriate action CLOB does not currently permit a reflected in the quote on the primary can be taken. If there is a rare specialist unilaterally to execute an market. circumstance in which an order remains order being represented by a contra Exchange rules currently do not in a specialist’s manual-ex window after specialist. If a specialist seeks to execute require that orders in the manual-ex such notification, due to oversight or an order represented by the contra window to executed within a set period error, P/COAST will purge the order specialist, the specialist must contact of time. In fact, certain types of orders from the manual-ex window (but will the contra specialist (generally by cannot be placed in the book and, retain a record of it within the system). telephone) and vocalize a bid or offer. unless executed, will remain in the The contra specialist may then execute manual-ex window throughout the d. Contra-Specialist Interaction with Orders. 1. Incoming Market and one or more orders on the other trading day. However, the Exchange specialist’s behalf by typing in that evaluates specialists on their Marketable Limit Orders. If an incoming market or marketable limit order arrives specialist’s acronym and pressing the ‘‘turnaround time’’ and the amount of ‘‘execute’’ key. The Exchange’s ‘‘firm time during which they ‘‘hold orders on a specialist’s auto-ex window at a time when the contra specialist is quote’’ rule would require the contra without action.’’ 19 Specialists are specialist to effect an execution for the subject to remedial action by the Equity representing an order in the CLOB with priority, the contra specialist will other specialist’s account upon that Allocation Committee if they have 25 receive a ‘‘shadow’’ notification of the other specialist’s request. substandard scores on their quarterly The Exchange intends to modify P/ 20 entry of the new order on the contra performance evaluations. COAST to allow a specialist to have To assure that orders do not remain in specialist’s window. Although the P/ COAST system does not permit the direct electronic access to orders the manual-ex window for undue represented by a contra specialist. The periods of time, the Exchange is contra specialist to interact directly with the new order, the ‘‘shadow’’ message change will allow the specialist to send proposing to adopt new Rule 5.25(g)(1) an electronic order to the contra stating that an order may remain in the will serve to notify the contra specialist of the potential execution against the specialist that may execute against any manual-ex window for a maximum of order being represented by the contra two minutes, unless: order with priority that he or she is representing. The shadow message will specialist. Once an order is sent, the (a) The order is designated: (i) market- contra specialist will be notified on-close; (ii) all-or-one; (iii) a ‘‘tick disappear from the specialists’ auto-ex window after either a 15-second electronically. The order that has been sensitive’’ order (including buy minus, sent will be executed after a 15-second sell plus, sell short, or sell short timedown occurs or the specialist interacts to delete the message. If an time-down, unless the contra order has exempt); (iv) stop; or (v) stop limit; already been executed. If the order that (b) Execution of the order would order is taken into the manual-ex window, no shadow message is has been sent is not executed, it will result in a double-uptick (or double- expire after the 15-second time-down downtick) or would result in a new high (or new low) price for the day; PCX, if an order has been stopped, it must be 23 Modifying P/COAST to allow the contra (c) The specialist stops the order;21 or executed by the end of the trading day. 22 Specifically, the Exchange is proposing to specialist to view orders whenever they are in the modify its Minor Rule Plan to add new Rule receiving specialist’s manual-ex window would not 19 See PCX Rule 5.37(a). 10.13(i)(13) to the list of rules eligible for be practical due to technology constraints. 20 See PCX Rule 5.37(g). adjudication pursuant to PCX Rule 10.13. The Specifically, there is a difficulty in maintaining 21 The term ‘‘stop’’ refers to the practice in which violation will be codified as: ‘‘Specialist kept an synchronization between the shadow message and a specialist guarantees that an order will receive a order in the Manual-Ex Window of P/COAST for the original order due to executions, cancellations specific price or better. At a minimum, the order more than two minutes (and there is no applicable and modifications to the order that may occur while must receive a price equal to the NBBO at the time exemption to this requirement under Rule it is in the manual-ex window. Accordingly, as an the specialist received the order for execution; 5.25(g)(1)).’’ The Exchange is also proposing to alternative to such a modification of P/COAST, the however, the specialist may also provide an modify its Recommended Fine Schedule to add the Exchange intends to place a limit on the amount of improved price. If an order has been stopped, the following sanctions for violations of this provision: time certain orders may remain in the manual-ex customer must always receive the better of: (a) the For the first five violations, official warnings will window, as discussed above. current NBBO or (b) the stop price. At the PCX be issued; for the sixth through tenth violations, a 24 The Exchange intends to implement all of the when a specialist stops an order, a message is fine of $50 (per violation); and for eleven or more system changes referred to in this filing within one automatically sent to the customer stating that the violations, a $100 fine (per violation). Fines for year from the date that the Commission approves customer is guaranteed to receive a specific price multiple violations will be calculated on a running this filing. (i.e., the stopped price) or better. In addition, at the one-year basis. 25 See PCX Rule 5.8(c).

VerDate 26-APR-99 18:08 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.XXX pfrm02 PsN: 28APN1 22894 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices and the specialist who entered the order priority sequence, a surveillance report Exchange’s mainframe computers go out will be notified electronically. will be generated (although this may of synchronization. e. Out of Priority Executions. The P/ depend on certain time parameters). H. Rule Text Changes. The Exchange COAST system has been designed to Moreover, to prevent such out-of- is proposing to modify the text of the prevent orders from being executed out priority executions from occurring in rules on equities trading in several of time priority sequence, or in cases the first place, the Exchange is respects so that they will be consistent where they are not electronically proposing to modify P/COAST to with the operation of the CLOB. First, prevented, to report the violation to the provide a shadow message to a the proposal would codify new PCX contra specialist and the Exchange’s specialist whenever an order is taken Rule 5.25(g), entitled ‘‘Consolidated Surveillance Department. Specifically, if into a contra specialist’s manual-ex Limit Order Book,’’ which provides that either specialist elects manually to window. Currently, the contra specialist incoming Equity orders entered into the execute a limit order out of priority receives a shadow notification when the Exchange’s P/COAST trading system sequence, the Exchange’s Surveillance other specialist receives an order in his will be maintained in and executed Department will receive a report of the or her auto-ex window that could through the CLOB, that incoming time or price priority violations. The execute against a limit order with market and marketable limit orders are contra specialist will also receive a priority in the CLOB that the contra immediately executed against orders in report of the violation, if the contra specialist is representing. the CLOB based on price and time specialist is representing a limit order Moreover, the Exchange believes that priority once they have been displayed that had priority over an executed limit specialists currently have little or no for possible price improvement, and order. incentive to use their manual-ex that incoming orders other than market The CLOB currently has a ‘‘global windows to hide orders from their and marketable limit orders will be execution’’ feature that allows a contra specialists, and that there are maintained in the CLOB, but specialist to execute multiple orders financial incentives for not doing so. For represented by a particular PCX simultaneously, including all orders at a example, assume the NBBO is 197⁄8– specialist. specific price that the specialist is 201⁄8. If Specialist A is representing a Second, the Exchange is proposing to representing. However, the Exchange limit order to buy stock at $20 but does change several rules by adding intends to modify its existing ‘‘global not quote it and places it in the manual- references to the CLOB in place of execution’’ feature so that its use will ex window, and if Specialist B, in the references to individual specialist’s not result in multiple executions that meantime, executes a sell order in the books.28 For example, while Rule are out of priority sequence. The P/ same stock at 197⁄8. Specialist A will be 5.33(b) currently refers to placing orders COAST system also currently has a obligated to execute the buy limit order in a specialist’s book, the Exchange is function (the ‘‘Control Execute E’’ and can only cover the position at a proposing to change it so that it refers function) that allows a specialist to worse price.26 to placing orders in the CLOB. execute a manual order ahead of an f. Impact of OptiMark. In January Third, the Exchange is proposing to order in the CLOB that does not have 1999, the Exchange implemented the eliminate certain references in the rules priority. It was designed, initially, to PCX Application of the OptiMark to ‘‘Floors’’ to make those rules provide specialists with greater System.27 Orders in the CLOB may be consistent with the operation of the flexibility to execute orders when there placed in the OptiMark System for a CLOB.29 For example, in Rule 5.8(a) the are system problems and errors to be potential match against an OptiMark Exchange is replacing the phrase resolved. The Exchange surveils all use profile. If an order in the CLOB matches ‘‘where a security is traded on both of the function to detect any priority against an OptiMark profile, then the floors’’ with the phrase ‘‘where a rule violations. The Exchange now Exchange anticipates that in most security is traded by more than one believes that the function is superfluous instances, the response will occur in specialist.’’ Likewise, the phrase and intends to disable it. less than 3 seconds. The system has ‘‘regardless of the floor’’ in Rule 5.8(c) With the change to the Global been designed so that in no event will would be eliminated as superfluous. Execution function and the elimination an order be delayed for more than 12 These changes are being proposed to of the Control-E function, specialists seconds. clarify that the location of orders will be will be unable to execute individual g. Emergency Deactivation of CLOB. orders in the CLOB out of priority The CLOB has been designed to allow 28 These include amendments to PCX Rule 5.8(a) sequence, and will be unable to execute (priority rules applicable to orders received from Floor Operations staff to deactivate the the other floor for entering in the specialist’s book orders for their own accounts ahead of combined book functionality for the and order handing procedure for situations where orders in the CLOB. If there is a limit entire Exchange. This feature is a security is traded on both floors); Rule 5.8(c) order in the CLOB with priority, the intended to be a systems safeguard. The (general rule on priority of bids and offers); Rule modified system will not allow another 5.29(d) (rule on disclosure of information respecting Exchange does not anticipate orders in a specialist’s custody); Rule 5.31(b)(1) order in P/COAST to be executed ahead deactivating the CLOB in the absence of (procedures to follow when a specialist suspends of it. highly unusual circumstances such as a trading of a security); Rule 5.32(b)(1) (procedure for In rare circumstances, some orders in disaster or other situation where the when a specialist has on order in the book and the P/COAST system can be executed guarantees the primary market price on a partial of a multiple order); Rule 5.33(b) (prohibition of out of priority sequence, but only if 26 The Exchange acknowledges that the specialists’ placing orders in the book for accounts there are no orders with priority in the Commission’s ‘‘Display rule,’’ 17 CFR 240.11Ac1– in which they or their firms are interested); Rule CLOB. If multiple orders are being 4, requires PCX specialists to ‘‘publish 5.33(g) (condition under which specialists may stop represented by one or more specialists immediately’’ certain bids and offers as specified in stock for their own accounts); and Rule 5.33(h) subsection (b)(1)(i)–(ii) of that Rule. (prohibition on specialist making a transaction for in the auto-ex or manual-ex windows, 27 See generally Securities Exchange Act Release its own account that puts into effect a stop order they may not be executed in the same No. 39086 (September 17, 1997), 62 FR 50036 in the book). sequence in which they were received, (September 24, 1997); see also Securities Exchange 29 These include amendments to Rule 5.8(a); Rule although they will generally be executed Act Release No. 40551 (October 14, 1998), 63 FR 5.8(c); Rule 5.29(d); Rule 5.30(b) (specialist’s duty 56282 (October 21, 1998) (order approving PCX rule to coordinate markets); Rule 5.31(b)(1)–(2); and within seconds of one another. requiring PCX specialists to ensure that their best Rule 5.32(b)(3) (confirmation price when a The Exchange notes that whenever bids and offers will be represented in the OptiMark specialist guarantees Primary Market Protection on orders in P/COAST are executed out of System). a portion of multiple orders).

VerDate 26-APR-99 18:08 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.XXX pfrm02 PsN: 28APN1 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices 22895 in the CLOB rather than on a particular inconsistent with the Exchange’s B. Self-Regulatory Organization’s floor. proposal, discussed above, to permit Statement on Burden on Competition Fourth, the Exchange is proposing to specialists to send orders that would The Exchange does not believe that eliminate Rule 5.30(c), which provides execute against orders being represented the proposed rule change will impose that whenever a specialist’s market or by the contra specialists after a 15- any burden on competition that is not the market on his respective floor equals second time-down. The Exchange also necessary or appropriate in furtherance or betters a competitive market, that believes that this rule is unnecessary of the purposes of the Act. specialist will immediately inform the because PCX Rule 4.5 prohibits specialist on the other floor, if specialists from placing orders in the C. Self-Regulatory Organization’s technically possible. PCX believes that book ahead of customer orders. Statement on Comments on the this rule is unnecessary because the Proposed Rule Change Received From CLOB allows specialists to view orders Finally, the Exchange is proposing to Members, Participants, or Others being represented by the contra eliminate Rule 5.33(g), which provides Written comments on the proposed specialist. that a specialist may stop stock in his rule change were neither solicited nor Fifth, the Exchange is proposing to own book for his own account only received. replace the text of Rule 5.30(d), which when he is making the highest bid or currently requires a specialist to notify the lowest offer and if the difference III. Date of Effectiveness of the the specialist on the floor it has received between the bid and offer is more than Proposed Rule Change and Timing for an order so that the receiving one applicable trading differential, in Commission Action specialist’s order can have standing on which case he may stop stock for his Within 35 days of the date of the other specialist’s floor.30 As own account in his own book up to 50 publication of this notice in the Federal modified, proposed Rule 5.30(d)(1) percent of the number of shares bid for Register or within such longer period (i) would provide that specialists holding or offered in his book. The Exchange as the Commission may designate up to ‘‘manual orders’’—meaning orders believes that this rule is both 90 days of such date if it finds such provided to the specialist by a floor inconsistent with the operation of the longer period to be appropriate and broker—must notify other specialists CLOB and currently serves on legitimate publishes its reasons for so finding or trading the same security to obtain purpose. (ii) as to which the self-regulatory standing with the other specialists. organization consents, the Commission Proposed Rule 5.30(d)(2) would provide (2) Basis will: that a specialist may not execute orders at or through (inferior to) the limit price The Exchange believes the proposed (A) By order approve such proposed of orders in the CLOB or other limit rule change is consistent with Section rule change, or orders in P/COAST that another 6(b) of the Act,31 in general, and furthers (B) Institute proceedings to determine specialist is representing (i.e., orders in the objectives of Section 6(b)(5),32 in whether the proposed rule change the other specialist’s manual-ex window particular, in that it is designed to should be disapproved. or auto-ex window), without those limit perfect the mechanisms of a free and IV. Solicitation of Comments orders first being filled. Proposed Rule open market, to promote just and 5.30(d)(3) would provide that if a equitable principles of trade, to facilitate Interested persons are invited to specialist representing manual orders or transactions in securities, and in submit written data, views and orders in P/COAST fails to notify the general, to protect investors and the arguments concerning the foregoing, including whether the proposed rule contra specialist of such orders, and the public interest. Specifically, the change is consistent with the Act. contra specialist executes a transaction proposal is intended to promote just and Persons making written submissions at or through the limit price of those equitable principles of trade by should file six copies thereof with the orders, the specialist who failed to facilitating the execution of customer Secretary, Securities and Exchange notify the contra specialist will be orders promptly and in order of priority. required to execute those orders. A Commission, 450 Fifth Street, N.W., The proposal will facilitate transactions Washington, D.C. 20549–0609. Copies of specialist will be deemed to have in securities by automating the trading notified the contra specialist of orders in the submission, all subsequent process for specialists, in general, and amendments, all written statements P/COAST if they are being represented by eliminating the need for PCX in the CLOB. with respect to the proposed rule specialists to manually match incoming change that are filed with the Sixth, the Exchange is proposing to orders against limit orders with priority eliminate Rule 5.33(c), which provides Commission, and all written that are represented by another communications relating to the that no specialist on one floor may place specialist. The proposal will protect orders for any account in which he or proposed rule change between the investors and the public interest by his firm or any participant therein is Commission and any person, other than ensuring that their orders will be directly or indirectly interested in the those that may be withheld from the processed efficiently, in accordance book of the specialist on the other floor public in accordance with the with Exchange rules, and in accordance in any security in which he is registered provisions of 5 U.S.C. 552, will be as specialist. The Exchange believes that with the needs and expectations of PCX available for inspection and copying in this rule is overly broad and customers. Finally, the proposal will the Commission’s Public Reference ensure that PCX members will be Room, 450 Fifth Street, N.W., 30 As currently written, the rule also provides that appropriately disciplined for violations Washington, D.C. 20549. Copies of such if the specialist on one floor fails to notify the of PCX rules, as required by Section filing will also be available for specialist on the other floor of orders in his book 6(b)(6) of the Act.33 inspection and copying at the principal and if transactions take place on the other floor at office of the PCX. All submissions or through the limit price of such orders, the specialist failing to notify the specialist on the other 31 15 U.S.C. 78f(b). should refer to File No. SR–PCX–99–06 floor will be responsible for an execution of the 32 15 U.S.C. 78f(b)(5). and should be submitted by June 25, orders in his book. 33 15 U.S.C. 78f(b)(6). 1999.

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For the Commission, by the Division of SMALL BUSINESS ADMINISTRATION SMALL BUSINESS ADMINISTRATION Market Regulation, pursuant to delegated authority.34 Reporting and Recordkeeping [License No. 01/71±0369] Margaret H. McFarland, Requirements Under OMB Review Deputy Secretary. RFE VI SBIC, L.P.; Notice Seeking [FR Doc. 99–10671 Filed 4–27–99; 8:45 am] AGENCY: Small Business Administration. Exemption Under Section 312 of the BILLING CODE 8010±01±M Small Business Investment Act, ACTION: Notice of reporting requirements Conflicts of Interest submitted for OMB review. Notice is hereby given that RFE VI SMALL BUSINESS ADMINISTRATION SUMMARY: Under the provisions of the SBIC, L.P. (‘‘RFE VI SBIC’’), 36 Grove Reporting and Recordkeeping Paperwork Reduction Act (44 U.S.C. Street, New Canaan, CT 06840, a Requirements Under OMB Review Chapter 35), agencies are required to Federal Licensee under the Small submit proposed reporting and Business Investment Act of 1958, as AGENCY: Small Business Administration. recordkeeping requirements to OMB for amended (‘‘the Act’’), in connection ACTION: Notice of reporting requirements review and approval, and to publish a with the proposed financing of a small submitted for OMB review. notice in the Federal Register notifying concern is seeking an exemption under the public that the agency has made section 312 of the Act and section SUMMARY: Under the provisions of the 107.730, Financings which Constitute such a submission. Paperwork Reduction Act (44 U.S.C. Conflicts of Interest of the Small Chapter 35), agencies are required to DATES: Submit comments on or before Business Administration (‘‘SBA’’) Rules submit proposed reporting and May 28, 1999. If you intend to comment and Regulations (13 CFR 107.730 recordkeeping requirements to OMB for but cannot prepare comments promptly, (1998)). An exemption may not be review and approval, and to publish a please advise the OMB Reviewer and granted by SBA until Notices of this notice in the Federal Register notifying the Agency Clearance Officer before the transaction have been published. RFE VI the public that the agency has made deadline. SBIC proposes to provide equity such a submission. financing to Advanced Technology DATES: Submit comments on or before COPIES: Request for clearance (OMB 83– Services, Inc. (‘‘ATS’’), 8201 N. May 28, 1999. If you intend to comment 1), supporting statement, and other University, Peoria, IL, 61615. The but cannot prepare comments promptly, documents submitted to OMB for financing is contemplated to fund the please advise the OMB Reviewer and review may be obtained from the redemption of shareholders’ (which are the Agency Clearance Officer before the Agency Clearance Officer. not Associates of RFE VI SBIC) interests deadline. and to provide a capital base for ADDRESSES: Address all comments COPIES: Request for clearance (OMB 83– continued growth. There is no 1), supporting statement, and other concerning this notice to: Agency contemplated change in the ATS senior documents submitted to OMB for Clearance Officer, Jacqueline White, management team as a result of this review may be obtained from the Small Business Administration, 409 3rd transaction. Agency Clearance Officer. Street, SW, 5th Floor, Washington, DC The financing is brought within the 20416; and OMB Reviewer, Office of ADDRESSES: Address all comments purview of section 107.730 (a) (1) of the concerning this notice to: Agency Information and Regulatory Affairs, Regulations because RFE Investment Clearance Officer, Jacqueline White, Office of Management and Budget, New Partners V, L.P., an Associate of RFE VI Small Business Administration, 409 3rd Executive Office Building, Washington, SBIC, owns greater than 10 percent of Street, SW, 5th Floor, Washington, DC DC 20503. ATS and therefore ATS is considered an Associate of RFE VI SBIC as defined in 20416; and OMB Reviewer, Office of FOR FURTHER INFORMATION CONTACT: section 107.50 of the Regulations. Information and Regulatory Affairs, Jacqueline White, Agency Clearance Office of Management and Budget, New Notice is hereby given that any Officer, (202) 205–6629. Executive Office Building, Washington, interested person may, not later than DC 20503. SUPPLEMENTARY INFORMATION: fifteen (15) days from the date of FOR FURTHER INFORMATION CONTACT: Title: One Stop Capital Shop publication of this Notice, submit written comments on the proposed Jacqueline White, Agency Clearance Customer Satisfaction Comment Card. Officer, (202) 205–6629. transaction to the Associate Form No’s: N/A. SUPPLEMENTARY INFORMATION: Administrator for Investment, U.S. Title: Disaster Home Loan. Frequency: On Occasion. Small Business Administration, 409 Form No’s: 5C and 739. Third Street, SW, Washington, DC Description of Respondents: SBA 20416. Frequency: On Occasion. Participants. Description of Respondents: A copy of this Notice shall be Applicants requesting Disaster Home Annual Responses: 1,500. published, in accordance with section Loans. Annual Burden: 4,367. 107.730 (g), in the Peoria Journal Star, Annual Responses: 56,418. in Peoria, Illinois by RFE VI SBIC. Dated: April 14, 1999. Annual Burden: 89,140. (Catalog of Federal Domestic Assistance Jacqueline White, Dated: April 14, 1999. Programs No. 59.011, Small Business Chief, Administrative Information Branch. Investment Companies) Jacqueline White, [FR Doc. 99–10614 Filed 4–27–99; 8:45 am] Dated: April 15, 1999. Chief, Administrative Information Branch. [FR Doc. 99–10613 Filed 4–27–99; 8:45 am] BILLING CODE 8025±01±P Don A. Christensen, BILLING CODE 8025±01±P Associate Administrator for Investment. [FR Doc. 99–10612 Filed 4–27–99; 8:45 am] 34 17 CFR 200.30–3(a)(12). BILLING CODE 8025±01±P

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DEPARTMENT OF TRANSPORTATION testing), the likelihood of experiencing DEPARTMENT OF TRANSPORTATION the condition is extremely rare. The National Highway Traffic Safety worst case part, found in laboratory Surface Transportation Board Administration testing, exhibited the anomaly 16 times [STB Finance Docket No. 33737] [Docket No. NHTSA±99±5461; Notice 1] in 40,000 cycles (0.0004 times per cycle). Other tested parts did not exhibit Rio Grande Pacific CorporationÐ General Motors Corporation; the condition as often, or at all. Continuance in Control ExemptionÐ Application for Determination of • The left turn signal does not fail New Orleans & Gulf Coast Railway Inconsequential Noncompliance With completely. An oncoming driver would Company Federal Motor Vehicle Safety Standard see the front turn signal flashing at a 108ÐLamps, Reflective Devices and Rio Grande Pacific Corporation (Rio Associated Equipment rapid rate. A following driver would see Grande), a noncarrier, has filed a the left turn signal lamp on, although it verified notice of exemption to continue General Motors Corporation (GM) would not be flashing. Both of these in control of New Orleans & Gulf Coast determined that some of the GM 1997 results are similar to a vehicle that has Railway Company (NOGC), upon its EV1 electric passenger cars fail to meet a burned out turn signal lamp. becoming a Class III rail carrier. the turn signal requirements found in • Like a vehicle with a burned out The transaction was scheduled to be Federal Motor Vehicle Safety Standard lamp, a driver experiencing this consummated on or shortly after April (FMVSS) No. 108—Lamps, Reflective condition is alerted that the turn signal 15, 1999. Devices and Associated Equipment. In This transaction is related to STB accordance with 49 CFR 556.4(b)(6), GM system is not functioning properly because the turn signal indicator light Finance Docket No. 33736, New Orleans submitted a 49 CFR Part 573.5 & Gulf Coast Railway Company— does not flash. noncompliance notification to the Acquisition Exemption—New Orleans agency. Pursuant to 49 U. S. C., sections • A turn signal with this condition Lower Coast Railroad Company, Inc., 30118 and 30120, GM petitioned the does not self-cancel, but it can easily be wherein NOGC seeks to acquire rail National Highway Traffic Safety canceled manually. lines from New Orleans Lower Coast Administration (NHTSA) for a decision • GM knows of no accidents or Railroad Company, Inc. (NOLR). that the noncompliance is 1 injuries associated with this condition. In addition to NOGC, Rio Grande inconsequential to motor vehicle safety. controls three Class III rail carriers. Interested persons are invited to GM states that the EV1 is equipped These carriers are Idaho Northern & with an electronic turn signal module submit written data, views, and Pacific Railroad Company, operating in that controls turn signal operation. A arguments on the application described the states of Idaho and Oregon, subset of the module population can be above. Comments should refer to the Nebraska Central Railroad Company, affected by random inputs that cause the docket number and be submitted to: operating in the state of Nebraska, and internal timing of the electronic circuit Docket Management, Room PL–401 Wichita, Tillman & Jackson Railway to become un-synchronized. If this Seventh Street, SW, Washington, DC Company, Inc., operating in the states of occurs, it can cause the left turn signal 20590. It is requested but not required Texas and Oklahoma. circuit on affected vehicles to operate that two copies be submitted. Docket Rio Grande states that: (i) the rail lines improperly and not in compliance with hours are 10:00 a.m. to 5:00 p.m. operated by NOGC do not connect with FMVSS No. 108. The left front turn All comments received before the any railroad in the corporate family; (ii) signal lamp may flash at a rapid rate close of business on the closing date the transaction is not part of a series of while the left rear turn signal lamp anticipated transactions that would illuminates but does not flash. These indicated below will be considered. The application and supporting materials, connect NOGC’s lines with any railroad conditions can continue after the turn in the corporate family; and (iii) the signal lever automatically returns to the and all comments received after the closing date, will also be filed and will transaction does not involve a Class I off position, but stop if the driver carrier. Therefore, the transaction is be considered to the extend possible. manually cancels the turn signal or exempt from the prior approval When the application is granted or turns the car off. The right turn signal requirements of 49 U.S.C. 11323. See 49 denied, the notice will be published in is not affected. CFR 1180.2(d)(2). GM believes that this noncompliance the Federal Register pursuant to the Under 49 U.S.C. 10502(g), the Board is inconsequential to motor vehicle authority indicated below. may not use its exemption authority to safety for these reasons: Comment closing date: May 28, 1999. relieve a rail carrier of its statutory • The potential for this condition is obligation to protect the interests of its confined to a very small population of (49 U.S.C. 30118 and 30120; delegations employees. Section 11326(c), however, vehicles, 558. of authority at 49 CFR 1.50 and 501.8) • The condition is not found on every does not provide for labor protection for Issued on: April 21, 1999. transactions under sections 11324 and vehicle. Only a subset of vehicles are L. Robert Shelton, affected, based on the build variation of 11325 that involve only Class III rail the turn signal module. Associate Administrator for Safety carriers. Because this transaction • GM knows of only eight customers Performance Standards. involves Class III rail carriers only, the who have reported the condition. The [FR Doc. 99–10495 Filed 4–26–99; 8:45 am] Board, under the statute, may not turn signal module in these vehicles has BILLING CODE 4910±59±P impose labor protective conditions for been replaced. this transaction. • While it has not been able to If the notice contains false or determine the exact percentage of misleading information, the exemption affected vehicles (the anomaly is not 1 NOGC is a noncarrier corporation formed for the readily repeatable in the laboratory, and purpose of acquiring 23.688 miles of rail line from the small production run has severely NOLR. NOGC will be the exclusive operator of the limited the number of parts available for line.

VerDate 26-APR-99 18:08 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.XXX pfrm02 PsN: 28APN1 22898 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) Type of Review: Reinstatement, exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of without change, for a previously may be filed at any time. The filing of a petition to revoke does not approved collection for which approval a petition to revoke will not automatically stay the transaction. has expired. automatically stay the transaction. An original and 10 copies of all Abstract: The form is used to apply An original and 10 copies of all pleadings, referring to STB Finance for accrued benefits withheld during a pleadings, referring to STB Finance Docket No. 33736, must be filed with veteran’s hospitalization or domiciliary Docket No. 33737, must be filed with the Surface Transportation Board, Office care. The information is used by VBA to the Surface Transportation Board, Office of the Secretary, Case Control Unit, 1925 determine a claimant’s entitlement to of the Secretary, Case Control Unit, 1925 K Street, NW, Washington, DC 20423– such benefits. K Street, NW, Washington, DC 20423– 0001. In addition, a copy of each An agency may not conduct or 0001. In addition, a copy of each pleading must be served on Karl sponsor, and a person is not required to pleading must be served on Karl Morrell, Esq., Ball Janik LLP, 1455 F respond to a collection of information Morrell, Esq., Ball Janik LLP, 1455 F Street, NW, Suite 225, Washington, DC unless it displays a currently valid OMB Street, NW, Suite 225, Washington, DC 20005. control number. The Federal Register 20005. Board decisions and notices are Notice with a 60-day comment period Board decisions and notices are available on our website at soliciting comments on this collection available on our website at ‘‘WWW.STB.DOT.GOV.’’ of information was published on ‘‘WWW.STB.DOT.GOV.’’ Decided: April 20, 1999. December 23, 1998 at page 71189. Affected Public: Individuals or Decided: April 20, 1999. By the Board, David M. Konschnik, households. By the Board, David M. Konschnik, Director, Office of Proceedings. Estimated Annual Burden: 33 hours. Director, Office of Proceedings. Vernon A. Williams, Estimated Average Burden Per Vernon A. Williams, Secretary. Respondent: 20 minutes. Secretary. [FR Doc. 99–10416 Filed 4–27–99; 8:45 am] Frequency of Response: One time for [FR Doc. 99–10417 Filed 4–27–99; 8:45 am] BILLING CODE 4915±00±P most beneficiaries. BILLING CODE 4915±00±P Estimated Number of Respondents: 100. DEPARTMENT OF VETERANS Send comments and DEPARTMENT OF TRANSPORTATION AFFAIRS recommendations concerning any Surface Transportation Board [OMB Control No. 2900±0027] aspect of the information collection to VA’s OMB Desk Officer, Allison Eydt, [STB Finance Docket No. 33736] Agency Information Collection OMB Human Resources and Housing Activities Under OMB Review Branch, New Executive Office Building, New Orleans & Gulf Coast Railway Room 10235, Washington, DC 20503 CompanyÐAcquisition ExemptionÐ AGENCY: Veterans Benefits (202) 395–4650. Please refer to ‘‘OMB New Orleans Lower Coast Railroad Administration, Department of Veterans Control No. 2900–0027’’ in any Company, Inc. Affairs. correspondence. New Orleans & Gulf Coast Railway ACTION: Notice. Dated: April 9, 1999. Company (NOGC),1 a noncarrier, has SUMMARY: In compliance with the By direction of the Secretary. filed a verified notice of exemption Paperwork Reduction Act (PRA) of 1995 Donald L. Neilson, under 49 CFR 1150.31 to acquire from (44 U.S.C., 3501 et seq.), this notice Director, Information Management Service. New Orleans Lower Coast Railroad announces that the Veterans Benefits [FR Doc. 99–10592 Filed 4–27–99; 8:45 am] Company, Inc. (NOLR), 23.688-miles of Administration (VBA), Department of BILLING CODE 8320±01±P rail line currently owned and operated Veterans Affairs, has submitted the by NOLR, between milepost 0.312 at collection of information abstracted Gouldsboro Yard, LA, and milepost 24.0 below to the Office of Management and DEPARTMENT OF VETERANS at Myrtle Grove, LA.2 Budget (OMB) for review and comment. AFFAIRS The transaction was scheduled to be The PRA submission describes the [OMB Control No. 2900±0052] consummated on or shortly after April nature of the information collection and 15, 1999. its expected cost and burden; it includes Agency Information Collection This transaction is related to STB the actual data collection instrument. Activities Under OMB Review Finance Docket No. 33737, Rio Grande DATES: Comments must be submitted on Pacific Corporation—Continuance in AGENCY: Veterans Benefits or before May 28, 1999. Control Exemption—New Orleans & Administration, Department of Veterans Gulf Coast Railway Company, wherein FOR FURTHER INFORMATION CONTACT: Ron Affairs. Taylor, Information Management Rio Grande Pacific Corporation will ACTION: Notice. continue in control of NOGC, upon its Service (045A4), Department of becoming a Class III rail carrier. Veterans Affairs, 810 Vermont Avenue, SUMMARY: In compliance with the If the notice contains false or NW, Washington, DC 20420, (202) 273– Paperwork Reduction Act (PRA) of 1995 misleading information, the exemption 8015 or FAX (202) 273–5981. Please (44 U.S.C., 3501 et seq.), this notice is void ab initio. Petitions to revoke the refer to ‘‘OMB Control No. 2900–0027.’’ announces that the Veterans Benefits SUPPLEMENTARY INFORMATION: Administration (VBA), Department of 1 NOGC will be the exclusive operator of the rail Title: Application for Accrued Veterans Affairs, has submitted the line. Benefits by Veteran’s Surviving Spouse, collection of information abstracted 2 NOGC states that its projected revenues will not exceed those that would qualify it as a Class III rail Child, or Dependent Parent, VA Form below to the Office of Management and carrier and its revenues are not projected to exceed 21–551. Budget (OMB) for review and comment. $5 million. OMB Control Number: 2900–0027. The PRA submission describes the

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(202) 395–4650. Please refer to ‘‘OMB Affairs, 810 Vermont Avenue, NW., ACTION: Notice. Control No. 2900–0057’’ in any Washington, DC 20420, (202) 273–8015 correspondence. SUMMARY: In compliance with the or FAX (202) 273–5981. Please refer to Dated: April 9, 1999. Paperwork Reduction Act (PRA) of 1995 ‘‘OMB Control No. 2900–0052.’’ (44 U.S.C., 3501 et seq.), this notice By direction of the Secretary. SUPPLEMENTARY INFORMATION: announces that the Veterans Benefits Donald L. Neilson, Director, Information Management Service. Title: Report of Medical Examination Administration (VBA), Department of [FR Doc. 99–10594 Filed 4–27–99; 8:45 am] for Disability Evaluation, VA Form 21– Veterans Affairs, has submitted the 2545. collection of information abstracted BILLING CODE 8320±01±P below to the Office of Management and OMB Control Number: 2900–0052. Budget (OMB) for review and comment. Type of Review: Reinstatement, The PRA submission describes the DEPARTMENT OF VETERANS without change, of a previously nature of the information collection and AFFAIRS approved collection for which approval its expected cost and burden; it includes [OMB Control No. 2900±0075] has expired. the actual data collection instrument. Abstract: The data collected is from a DATES: Comments must be submitted on Agency Information Collection claimant prior to undergoing a VA or before May 28, 1999. Activities Under OMB Review FOR FURTHER INFORMATION OR A COPY OF examination and also findings of the AGENCY: Veterans Benefits THE SUBMISSION CONTACT: Ron Taylor, examining physician. Administration, Department of Veterans Information Management Service An agency may not conduct or Affairs. (045A4), Department of Veterans sponsor, and a person is not required to Affairs, 810 Vermont Avenue, NW., ACTION: Notice. respond to a collection of information Washington, DC 20420, (202) 273–8015 unless it displays a currently valid OMB SUMMARY: In compliance with the or FAX (202) 273–5981. Please refer to control number. The Federal Register Paperwork Reduction Act (PRA) of 1995 ‘‘OMB Control No. 2900–0057.’’ Notice with a 60-day comment period (44 U.S.C., 3501 et seq.), this notice SUPPLEMENTARY INFORMATION: soliciting comments on this collection announces that the Veterans Benefits of information was published on Title: School Attendance Report, VA Administration (VBA), Department of Form 21–674b. December 23, 1998 at page 71192. Veterans Affairs, has submitted the OMB Control Number: 2900–0057. collection of information abstracted Affected Public: Individuals or Type of Review: Reinstatement, below to the Office of Management and households. without change, for a previously Budget (OMB) for review and comment. Estimated Annual Burden: 45,000 approved collection for which approval The PRA submission describes the hours. has expired. nature of the information collection and Abstract: The form is used to confirm Estimated Average Burden Per its expected cost and burden; it includes the school attendance of a child for Respondent: 15 minutes. the actual data collection instrument. whom VA compensation or pension DATE: Comments must be submitted on Frequency of Response: Generally one benefits are being received. The or before May 28, 1999. time. information is used by VBA to FOR FURTHER INFORMATION OR A COPY OF Estimated Number of Respondents: determine continued entitlement to THE SUBMISSION CONTACT: Ron Taylor, 180,000. benefits. An agency may not conduct or Information Management Service Send comments and sponsor, and a person is not required to (045A4), Department of Veterans recommendations concerning any respond to a collection of information Affairs, 810 Vermont Avenue, NW, aspect of the information collection to unless it displays a currently valid OMB Washington, DC 20420, (202) 273–8015 VA’s OMB Desk Officer, Allison Eydt, control number. The Federal Register or FAX (202) 273–5981. Please refer to OMB Human Resources and Housing Notice with a 60-day comment period ‘‘OMB Control No. 2900–0075.’’ Branch, New Executive Office Building, soliciting comments on this collection SUPPLEMENTARY INFORMATION: Room 10235, Washington, DC 20503 of information was published on Title: Statement in Support of Claim, (202) 395–4650. Please refer to ‘‘OMB December 23, 1998 at pages 71192– VA Form 21–4138. Control No. 2900–0052’’ in any 71193. OMB Control Number: 2900–0075. correspondence. Affected Public: Individuals or Type of Review: Reinstatement, Dated: April 9, 1999. households. without change, of a previously By direction of the Secretary. Estimated Annual Burden: 3,292 approved collection for which approval hours. has expired. Donald L. Neilson, Estimated Average Burden Per Abstract: The data collected is used Director, Information Management Service. Respondent: 5 minutes. by claimants to provide self-certified [FR Doc. 99–10593 Filed 4–27–99; 8:45 am] Frequency of Response: One time for statements in support of various types of BILLING CODE 8320±01±P most beneficiaries. claims processed by the agency.

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An agency may not conduct or Affairs, 810 Vermont Avenue, NW, (44 U.S.C., 3501 et seq.), this notice sponsor, and a person is not required to Washington, DC 20420, (202) 273–8015 announces that the Veterans Benefits respond to a collection of information or FAX (202) 273–5981. Please refer to Administration (VBA), Department of unless it displays a currently valid OMB ‘‘OMB Control No. 2900–0115.’’ Veterans Affairs, has submitted the control number. The Federal Register SUPPLEMENTARY INFORMATION: collection of information abstracted Notice with a 60-day comment period Title: Supporting Statement Regarding below to the Office of Management and soliciting comments on this collection Marriage, VA Form 21–4171. Budget (OMB) for review and comment. of information was published on OMB Control Number: 2900–0115. The PRA submission describes the December 23, 1998 at page 71193. Type of Review: Reinstatement, nature of the information collection and Affected Public: Individuals or without change, of a previously its expected cost and burden; it includes households. approved collection for which approval the actual data collection instrument. Estimated Annual Burden: 188,000 has expired. DATES: Comments must be submitted on hours. Abstract: The data collected is used to or before May 28, 1999. Estimated Average Burden Per determine if a marital relationship has FOR FURTHER INFORMATION CONTACT: Ron Respondent: 15 minutes. been established and benefits are Taylor, Information Management Frequency of Response: Generally one payable based on a claim of common Service (045A4), Department of time. law marriage. Veterans Affairs, 810 Vermont Avenue, Estimated Number of Respondents: An agency may not conduct or NW, Washington, DC 20420, (202) 273– 752,000. sponsor, and a person is not required to Send comments and 8015 or FAX (202) 273–5981. Please respond to a collection of information refer to ‘‘OMB Control No. 2900–0324.’’ recommendations concerning any unless it displays a currently valid OMB aspect of the information collection to SUPPLEMENTARY INFORMATION: control number. The Federal Register Title: Supplemental Physical VA’s OMB Desk Officer, Allison Eydt, Notice with a 60-day comment period OMB Human Resources and Housing Examination Report. soliciting comments on this collection Form Numbers: Branch, New Executive Office Building, of information was published on a. Supplemental Physical Room 10235, Washington, DC 20503 December 23, 1998 at pages 71193– Examination Report (Gall Bladder or (202) 395–4650. Please refer to ‘‘OMB 71194. Gastrointestinal), VA Form 29–8137. Control No. 2900–0075’’ in any Affected Public: Individuals or b. Supplemental Physical correspondence. households. Examination Report (Neurological— Dated: April 20, 1999. Estimated Annual Burden: 800 hours. Psychological), VA Form 29–8142. By direction of the Secretary. Estimated Average Burden Per c. Supplemental Physical Donald L. Neilson, Respondent: 20 minutes. Examination Report, VA Form 29–8146. Director, Information Management Service. Frequency of Response: Generally one d. Supplemental Physical time. Examination Report (Three Day [FR Doc. 99–10596 Filed 4–27–99; 8:45 am] Estimated Number of Respondents: Urinalyses Series), VA Form 29–8148. BILLING CODE 8320±01±P 2,400. e. Supplemental Physical Send comments and Examination Report (Tumor or Cyst), recommendations concerning any VA Form 29–8152. DEPARTMENT OF VETERANS f. Supplemental Physical Examination AFFAIRS aspect of the information collection to VA’s OMB Desk Officer, Allison Eydt, Report (Arthritis or Rheumatism), VA [OMB Control No. 2900±0115] OMB Human Resources and Housing Form 29–8155. Branch, New Executive Office Building, g. Attending Physician’s Statement, Agency Information Collection Room 10235, Washington, DC 20503 VA Form 29–8158. Activities Under OMB Review (202) 395–4650. Please refer to ‘‘OMB h. Supplemental Physical Examination Report (Diabetes— AGENCY: Veterans Benefits Control No. 2900–0115’’ in any correspondence. Physicians Report), VA Form 29–8160. Administration, Department of Veterans OMB Control Number: 2900–0324. Affairs. Dated: April 9, 1999. Type of Review: Reinstatement, ACTION: Notice. By direction of the Secretary. without change, of a previously Donald L. Neilson, approved collection for which approval SUMMARY: In compliance with the Director, Information Management Service. has expired. Paperwork Reduction Act (PRA) of 1995 Abstract: The forms are used by VBA (44 U.S.C., 3501 et seq.), this notice [FR Doc. 99–10597 Filed 4–27–99; 8:45 am] BILLING CODE 8320±01±P to obtain complete information as to the announces that the Veterans Benefits physical and/or mental condition of a Administration (VBA), Department of veteran who has submitted an Veterans Affairs, has submitted the DEPARTMENT OF VETERANS application for Government Life collection of information abstracted AFFAIRS Insurance or reinstatement of eligibility. below to the Office of Management and The information is used to process the Budget (OMB) for review and comment. [OMB Control No. 2900±0324] insured’s request. The PRA submission describes the An agency may not conduct or Agency Information Collection nature of the information collection and sponsor, and a person is not required to Activities Under OMB Review its expected cost and burden; it includes respond to a collection of information the actual data collection instrument. AGENCY: Veterans Benefits unless it displays a currently valid OMB DATE: Comments must be submitted on Administration, Department of Veterans control number. The Federal Register or before May 28, 1999. Affairs. Notice with a 60-day comment period FOR FURTHER INFORMATION OR A COPY OF ACTION: Notice. soliciting comments on this collection THE SUBMISSION CONTACT: Ron Taylor, of information was published on Information Management Service SUMMARY: In compliance with the December 23, 1998 at pages 71189– (045A4), Department of Veterans Paperwork Reduction Act (PRA) of 1995 71190.

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Affected Public: Individuals or Type of Review: Extension of a FOR FURTHER INFORMATION OR A COPY OF households. currently approved collection. THE SUBMISSION CONTACT: Ron Taylor, Estimated Annual Burden: 1,080 Abstract: The data collected is used to Information Management Service hours. determine eligibility for and entitlement (045A4), Department of Veterans Estimated Average Burden Per to Educational Assistance Test Program Affairs, 810 Vermont Avenue, NW, Respondent: 45 minutes. benefits. Washington, DC 20420, (202) 273–8015 Frequency of Response: Generally one An agency may not conduct or or FAX (202) 273–5981. Please refer to time. sponsor, and a person is not required to ‘‘OMB Control No. 2900–0501.’’ Estimated Number of Respondents: respond to a collection of information SUPPLEMENTARY INFORMATION: 1,440. unless it displays a currently valid OMB Title and Form Number: Veterans Send comments and control number. The Federal Register Mortgage Life Insurance Inquiry, VA recommendations concerning any Notice with a 60-day comment period Form 29–0543. aspect of the information collection to soliciting comments on this collection OMB Control Number: 2900–0501. VA’s OMB Desk Officer, Allison Eydt, of information was published on Type of Review: Reinstatement, OMB Human Resources and Housing January 29, 1999 at page 4747. without change, of a previously Branch, New Executive Office Building, Affected Public: Individuals or approved collection for which approval Room 10235, Washington, DC 20503 households. has expired. Estimated Annual Burden: 100 hours. (202) 395–4650. Please refer to ‘‘OMB Abstract: The information collected Estimated Average Burden Per Control No. 2900–0324’’ in any from the veteran is used by VBA in the correspondence. Respondent: 30 minutes. Frequency of Response: Generally one maintenance of Veterans Mortgage Life Dated: April 9, 1999. time. Insurance accounts. By direction of the Secretary. Estimated Number of Respondents: An agency may not conduct or Donald L. Neilson, 200. sponsor, and a person is not required to Director, Information Management Service. Send comments and respond to a collection of information [FR Doc. 99–10598 Filed 4–27–99; 8:45 am] recommendations concerning any unless it displays a currently valid OMB control number. The Federal Register BILLING CODE 8320±01±P aspect of the information collection to VA’s OMB Desk Officer, Allison Eydt, Notice with a 60-day comment period OMB Human Resources and Housing soliciting comments on this collection DEPARTMENT OF VETERANS Branch, New Executive Office Building, of information was published on AFFAIRS Room 10235, Washington, DC 20503 December 18, 1998 at pages 70183– (202) 395–4650. Please refer to ‘‘OMB 70184. [OMB Control No. 2900±0383] Control No. 2900–0383’’ in any Affected Public: Individuals or correspondence. households. Agency Information Collection Estimated Annual Burden: 45 hours. Activities Under OMB Review Dated: April 9, 1999. Estimated Average Burden Per By direction of the Secretary. AGENCY: Veterans Benefits Respondent: 5 minutes. Donald L. Neilson, Administration, Department of Veterans Frequency of Response: Generally one Affairs. Director, Information Management Service. time. [FR Doc. 99–10599 Filed 4–27–99; 8:45 am] Estimated Number of Respondents: ACTION: Notice. BILLING CODE 8320±01±P 540. SUMMARY: In compliance with the Send comments and Paperwork Reduction Act (PRA) of 1995 recommendations concerning any (44 U.S.C., 3501 et seq.), this notice DEPARTMENT OF VETERANS aspect of the information collection to announces that the Veterans Benefits AFFAIRS VA’s OMB Desk Officer, Allison Eydt, Administration (VBA), Department of [OMB Control No. 2900±0501] OMB Human Resources and Housing Veterans Affairs, has submitted the Branch, New Executive Office Building, collection of information abstracted Agency Information Collection Room 10235, Washington, DC 20503 below to the Office of Management and Activities Under OMB Review (202) 395–4650. Please refer to ‘‘OMB Budget (OMB) for review and comment. Control No. 2900–0501’’ in any AGENCY: Veterans Benefits correspondence. The PRA submission describes the Administration, Department of Veterans nature of the information collection and Affairs. Dated: April 9, 1999. its expected cost and burden; it includes ACTION: Notice. By direction of the Secretary. the actual data collection instrument. Donald L. Neilson, DATE: Comments must be submitted on SUMMARY: In compliance with the Director, Information Management Service. or before May 28, 1999. Paperwork Reduction Act (PRA) of 1995 [FR Doc. 99–10600 Filed 4–27–99; 8:45 am] FOR FURTHER INFORMATION OR A COPY OF (44 U.S.C., 3501 et seq.), this notice BILLING CODE 8320±01±P THE SUBMISSION CONTACT: Ron Taylor, announces that the Veterans Benefits Information Management Service Administration (VBA), Department of (045A4), Department of Veterans Veterans Affairs, has submitted the DEPARTMENT OF VETERANS Affairs, 810 Vermont Avenue, NW, collection of information abstracted AFFAIRS Washington, DC 20420, (202) 273–8015 below to the Office of Management and or FAX (202) 273–5981. Please refer to Budget (OMB) for review and comment. [OMB Control No. 2900±0503] The PRA submission describes the ‘‘OMB Control No. 2900–0383.’’ Agency Information Collection nature of the information collection and SUPPLEMENTARY INFORMATION: Activities Under OMB Review Title: Application for Educational its expected cost and burden; it includes Assistance Test Program Benefits, VA the actual data collection instrument. AGENCY: Veterans Benefits Form 22–8889. DATE: Comments must be submitted on Administration, Department of Veterans OMB Control Number: 2900–0383. or before May 28, 1999. Affairs.

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ACTION: Notice. Affected Public: Individuals or Information Management Service households. (045A4), Department of Veterans SUMMARY: In compliance with the Estimated Annual Burden: 20 hours. Affairs, 810 Vermont Avenue, NW, Paperwork Reduction Act (PRA) of 1995 Estimated Average Burden Per Washington, DC 20420, (202) 273–8015 (44 U.S.C., 3501 et seq.), this notice Respondent: 5 minutes. or FAX (202) 273–5981. Please refer to announces that the Veterans Benefits Frequency of Response: Generally one ‘‘OMB Control No. 2900–0545.’’ Administration (VBA), Department of time. SUPPLEMENTARY INFORMATION: Veterans Affairs, has submitted the Estimated Number of Respondents: collection of information abstracted 240. Title: Report of Medical, Legal, and below to the Office of Management and Send comments and Other Expenses Incident to Recovery for Budget (OMB) for review and comment. recommendations concerning any Injury or Death, VA Form 21–8416b. The PRA submission describes the aspect of the information collection to OMB Control Number: 2900–0545. nature of the information collection and VA’s OMB Desk Officer, Allison Eydt, Type of Review: Reinstatement, its expected cost and burden; it includes OMB Human Resources and Housing without change, of a previously the actual data collection instrument. Branch, New Executive Office Building, approved collection for which approval Room 10235, Washington, DC 20503 DATES: Comments must be submitted on has expired. (202) 395–4650. Please refer to ‘‘OMB or before May 28, 1999. Abstract: The data collected is used to Control No. 2900–0503’’ in any report expenses incident to recovery of FOR FURTHER INFORMATION OR A COPY OF correspondence. THE SUBMISSION CONTACT: Ron Taylor, benefits for injury or death. Information Management Service Dated: April 9, 1999. An agency may not conduct or (045A4), Department of Veterans By direction of the Secretary. sponsor, and a person is not required to Affairs, 810 Vermont Avenue, NW., Donald L. Neilson, respond to a collection of information Washington, DC 20420, (202) 273–8015 Director, Information Management Service. unless it displays a currently valid OMB or FAX (202) 273–5981. Please refer to [FR Doc. 99–10601 Filed 4–27–99; 8:45 am] control number. The Federal Register ‘‘OMB Control No. 2900–0503.’’ BILLING CODE 8320±01±P Notice with a 60-day comment period soliciting comments on this collection SUPPLEMENTARY INFORMATION: of information was published on Title and Form Numbers: Veterans DEPARTMENT OF VETERANS December 23, 1998 at page 711935. Mortgage Life Insurance Change of AFFAIRS Address Statement, VA Form 29–0563. Affected Public: Individuals or OMB Control Number: 2900–0503. [OMB Control No. 2900±0545] households. Type of Review: Reinstatement, Estimated Annual Burden: 7,500 without change, of a previously Agency Information Collection hours. approved collection for which approval Activities Under OMB Review Estimated Average Burden Per has expired. AGENCY: Veterans Benefits Respondent: 45 minutes. Abstract: The form is used to inquire Administration, Department of Veterans Frequency of Response: Generally one about a veteran’s continued ownership Affairs. time. of the property issued under Veterans ACTION: Notice. Estimated Number of Respondents: Mortgage Life Insurance when an 10,000. address change for the veteran is SUMMARY: In compliance with the Send comments and received. The information collected is Paperwork Reduction Act (PRA) of 1995 recommendations concerning any used in determining whether continued (44 U.S.C., 3501 et seq.), this notice aspect of the information collection to Veterans Mortgage Life Insurance announces that the Veterans Benefits VA’s OMB Desk Officer, Allison Eydt, coverage is applicable since the law Administration (VBA), Department of OMB Human Resources and Housing granting this insurance provides that Veterans Affairs, has submitted the Branch, New Executive Office Building, coverage terminate if the veteran no collection of information abstracted Room 10235, Washington, DC 20503 longer owns the property. below to the Office of Management and (202) 395–4650. Please refer to ‘‘OMB An agency may not conduct or Budget (OMB) for review and comment. Control No. 2900–0545’’ in any sponsor, and a person is not required to The PRA submission describes the correspondence. respond to a collection of information nature of the information collection and Dated: April 9, 1999. unless it displays a currently valid OMB its expected cost and burden; it includes control number. The Federal Register the actual data collection instrument. By direction of the Secretary. Notice with a 60-day comment period DATES: Comments must be submitted on Donald L. Neilson, soliciting comments on this collection or before May 28, 1999. Director, Information Management Service. of information was published on FOR FURTHER INFORMATION OR A COPY OF [FR Doc. 99–10602 Filed 4–27–99; 8:45 am] December 18, 1998 at page 70184. THE SUBMISSION CONTACT: Ron Taylor, BILLING CODE 8320±01±P

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Corrections Federal Register Vol. 64, No. 81

Wednesday, April 28, 1999

This section of the FEDERAL REGISTER second column of the table is corrected [FR Doc. C9–9427 Filed 4–27–99; 8:45 am] contains editorial corrections of previously and the table is reprinted in its entirety: BILLING CODE 1505±01±D published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are Your monthly prepared by the Office of the Federal For months earnings Register. Agency prepared corrections are averaged FEDERAL COMMUNICATIONS issued as signed documents and appear in less than: COMMISSION the appropriate document categories elsewhere in the issue. In calendar years before 1976 $130 47 CFR Part 63 In calendar year 1976 ...... 150 In calendar year 1977 ...... 160 In calendar year 1978 ...... 170 [IB Docket No. 98-118, FCC 99-51] Social Security Administration In calendar year 1979 ...... 180 In calendar years 1980±1989 190 Biennial Review of International 20 CFR Parts 404 and 416 After December 1989 ...... 300 Common Carrier Regulations Correction [Regulations No. 4 and 6] § 416.974 [Corrected] RIN 0960-AE98 1.On page 18570, third column, In rule document 99–9480, beginning § 416.974 (b)(4), the heading in the on page 19057, in the issue of Monday, Old-Age, Survivors, and Disability second column of the table is corrected April 19, 1999, make the following Insurance and Supplemental Security and the table is reprinted in its entirety: correction: Income for the Aged, Blind, and Disabled; Substantial Gainful Activity Your average § 63.11 [Corrected] Amounts monthly earn- For months ings are not On page 19063, in the first column, in Correction greater than: amendatory instruction 10., in the sixth line, after ‘‘(c)(1)’’ remove ‘‘and’’ and In rule document 99–9427 beginning In calendar years before 1976 $200 add ‘‘, newly redesignated (c)(4), and on page 18566 in the issue of Thursday, In calendar year 1976 ...... 230 (d)’’. April 15, 1999, make the following In calendar year 1977 ...... 240 correction(s): In calendar year 1978 ...... 260 [FR Doc. C9–9480 Filed 4–27–99; 8:45 am] In calendar year 1979 ...... 280 BILLING CODE 1505±01±D § 404.1574 [Corrected] In calendar years 1980±1989 300 In January 1990±June 1999 ... 500 1.On page 18570, second column, After June 1999 ...... 700 § 404.1574 (b)(3), the heading in the

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DEPARTMENT OF THE TREASURY centralized collection of government- collection of delinquent debt. Under wide debt is known as ‘‘cross- section 3716(c)(6), creditor agencies are Fiscal Service servicing.’’ Under the DCIA, the required to notify Treasury of debts that Secretary is authorized to prescribe are over 180 days delinquent for 31 CFR Part 285 regulations to carry out this purposes of administrative offset. As a RIN 1510±AA68 requirement. Additionally, the DCIA practical matter, agencies are required to authorizes the Secretary to designate notify Treasury of such debts for Transfer of Debts to Treasury for other Federal agencies as debt collection administrative offset only when a debt Collection centers, and to maintain a schedule of has not been transferred to Treasury private collection contractors eligible for pursuant to section 3711(g)(1), i.e., AGENCY: Financial Management Service, referral of debts owed to the United when a debt is exempt from transfer to Fiscal Service, Treasury. States. Treasury under section 3711(g)(1) and ACTION: Final rule; adoption of interim On April 2, 1998, the Financial this rule. Since offset is one of the rule with changes. Management Service (FMS), a bureau of collection tools used by Treasury for all the Department of the Treasury eligible debts referred to Treasury SUMMARY: The Debt Collection responsible for promulgating the pursuant to section 3711(g)(1), referral Improvement Act of 1996 (DCIA) regulations governing this and other of a debt to Treasury for cross-servicing requires Federal agencies to transfer any provisions of the DCIA, issued an also satisfies the requirement under nontax debt that is over 180 days interim rule, with a request for section 3716(c)(6). With respect to debts delinquent to the Department of the comments, governing the transfer of that are not referred to Treasury Treasury for debt collection action. This debts to Treasury for collection (63 FR pursuant to section 3711(g)(1), creditor is known as ‘‘cross-servicing.’’ On April 16354). agencies are required to continue to 2, 1998, the Financial Management collect the delinquent debts using all Summary of Comments Service (FMS) published an interim appropriate debt collection tools, rule, with request for comments, which FMS received comments from five (5) including administrative offset. Rules established the procedures and criteria Federal agencies (executive governing the use of administrative for transferring delinquent debt to the departments). Following is a discussion offset are being published in separate Department of the Treasury for cross- of the substantive issues raised in the regulations in this part, and, as a servicing, explained the statutory comments. consequence, questions regarding exceptions to this requirement, and Relationship Between Cross-Servicing administrative offset are not addressed established standards by which the and Administrative Offset in this rule. Secretary of the Treasury will determine whether to grant exemptions. The Several of the commenters failed to Section 285.12(a)—Definitions interim rule also required that agencies differentiate between (1) the In response to a comment by one refer debts to private collection requirement that agencies transfer debts agency, a definition for the term ‘‘debt contractors and to debt collection for general collection purposes (referred collection center’’ was moved to section centers in accordance with procedures to as ‘‘cross-servicing’’) under this rule 285.12(a) from section 285.12(f) of the established by the FMS. This final rule and (2) the requirement that agencies interim rule. adopts the interim rule, with changes, notify Treasury of delinquent debts for Section 285.12(c)—Mandatory Transfer and addresses issues raised in the the limited purpose of administrative of Debts to FMS comments received in response to the offset. interim rule. In addition, this rule The DCIA includes separate FMS received several comments includes a technical amendment to the provisions governing the requirements regarding the mandatory transfer of final rule published on May 6, 1998 that agencies (1) transfer delinquent debts and the use of designated debt concerning administrative wage debts to Treasury for general collection collection centers (DCCs) and private garnishment. purposes (cross-servicing) in accordance collection agencies (PCAs). In with 31 U.S.C. 3711(g)(1), and (2) notify particular, the comments related to EFFECTIVE DATE: May 28, 1999. Treasury of delinquent debts for the whether, and when, agencies may refer FOR FURTHER INFORMATION CONTACT: purpose of administrative offset in debts directly to DCCs and PCAs, and Gerry Isenberg, Financial Program accordance with 31 U.S.C. 3716(c)(6). whether the debts must be referred to Specialist, at (202) 874–6859; or James Section 3711(g)(1) requires an agency to such entities through FMS. J. Regan, Attorney-Advisor, at (202) transfer to Treasury all collection Section 285.12(c) applies only to 874–6680. A copy of this rule is being activity for a given debt. Under section debts that are more than 180 days made available for downloading from 3711(g), Treasury will use all delinquent. Therefore, agencies are not the Financial Management Service web appropriate debt collection tools to required to refer debts to FMS during site at the following address: http:// collect the debt including referral to a the initial 180 days of delinquency (the www.fms.treas.gov/debt. designated debt collection center or pre-180 day period). During the pre-180 SUPPLEMENTARY INFORMATION: private collection agency and day period agencies should take all administrative offset. Once a debt has appropriate actions to collect delinquent Background been transferred to Treasury the creditor debts, including referring such debts to Section 31001(m)(1) of the Debt agency must cease all collection activity DCCs and PCAs. Agencies may, with the Collection Improvement Act of 1996 related to that debt. This rule specifies consent of FMS, refer debts directly to (DCIA), Pub. L. 104–134, 110 Stat. when creditor agencies are required to DCCs during the pre-180 day period. 1321–358 (1996), codified at 31 U.S.C. transfer debts and when debts are Similarly, agencies may refer debts to 3711(g), requires Federal agencies to exempt from the general transfer PCAs during the pre-180 day period transfer to the Secretary of the Treasury requirement. either pursuant to a contract entered any nontax debt that has been In contrast, administrative offset is into by the agency directly with a PCA, delinquent for a period of 180 days, one of many debt collection tools or by referring the debts to FMS for subject to certain exemptions. This available to Federal agencies for the referral to PCAs under existing FMS

VerDate 26-APR-99 15:14 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\28APR2.XXX pfrm03 PsN: 28APR2 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations 22907 contracts (a process known as ‘‘pass- Section 285.12(d)—Exceptions to such as the head of a bureau within a through’’). Unlike when debts are Mandatory Transfer department, are not considered heads of transferred to Treasury as required by One agency questioned whether the agencies for purposes of this paragraph section 3711(g)(1), FMS takes no foreclosure provisions in paragraph (d)(5)(i). One commenter suggested that collection action when debts are (d)(2) cover debts referred to private agencies be permitted to seek referred to FMS for pass-through, other counsel (when an agency has specific exemptions for individual debts or than referring the debts to a PCA. The authority to use private counsel) for small groups of debts within a class of pass-through process is necessary to non-judicial foreclosure proceedings. debts. The DCIA limits exemptions to allow FMS to assess and monitor fully The rule has not been revised because specific classes of debts or claims (see the performance of its PCA contractors. paragraph (d)(2)(ii)(A)(1) of the rule, 31 U.S.C. 3711(g)(2)(B)). As a FMS will provide additional procedural which provides that a debt is in guidance to agencies regarding use of consequence, requests for the exemption foreclosure if pre-foreclosure notice has the ‘‘pass-through’’ referral process. of individual debts or claims, or small been issued in a non-judicial Another agency suggested that section groups of debts or claims within a proceeding, does not exclude notices 285.12(c)(3) be clarified with respect to specific program or discrete activity, issued by private counsel on behalf of the transfer of debts that are under will not be considered. appeal. Specifically, the agency asked an agency. Paragraph 285.12(d)(6) was added to One commenter questioned whether FMS to define whether the 180 day the final rule to provide additional the recent Supreme Court decision in period begins to run on the date the debt guidance on debts being collected by Cohen v. Cruz, 118 S.Ct. 1212 (1998), was originally due prior to the filing of third parties. Several agencies, in affects this rule. The case holds that the appeal, or the date of the decision accordance with statutory or contractual punitive damages, attorney fees and of the reviewing official at which time requirements, have debts more than 180 costs related to an amount awarded as the amount of the debt is made final. days past due that are being collected by actual fraud, are not dischargeable Alternatively, the agency suggested that third parties such as private lenders or under the fraud exception of the the regulation be revised to allow guaranty agencies. In accordance with Bankruptcy Code. Since the rule does agencies 60 days, following the date of the provisions of 31 U.S.C. 3711(g)(2)(B) not address whether or not a particular the appeal decision, to collect a debt and this rule, the Secretary has debt or class of debts is dischargeable in prior to referring amounts to Treasury determined that it is in the best interest bankruptcy, the Cohen case does not for cross-servicing. of the Government that debts being affect this rule. Creditor agencies are not FMS agrees that immediate transfer of collected by third parties be exempt required to transfer debts to FMS that a debt to FMS following a decision on from the provisions of paragraph are the subject of pending bankruptcy an appeal might, in some cases, be 285.12(c)(1) because the transfer of such proceedings regardless of whether the impractical. Therefore, section debts would interfere with the program debt is dischargeable (see section 285.12(c)(3) has been revised to allow goals and requirements of the subject 285.12(d)(2)(i)(B)). agencies up to 30 days following a debts. Debts more than 180 days past- In response to a comment, paragraph decision on an appeal to transfer debts due must be transferred to FMS for (d)(4) has been revised to clarify that a over 180 days delinquent to FMS. A 30 collection under paragraph 285.12(c)(1) debt is in the process of being collected day period provides debtors with an upon their return to a creditor agency by by internal offset (and, therefore, opportunity to pay the debt or to enter a third party. into a repayment plan with the creditor exempt from the mandatory transfer agency before further collection action provisions of the DCIA and this rule) so Section 285.12(f)—Debt Collection is taken. Debts should be transferred to long as the required pre-offset notice has Centers FMS immediately following a decision been issued by the creditor agency In response to comments received on an appeal when the agency whether issued before or after the 180 from one agency, paragraph (f) is revised determines that it is unlikely that the day delinquency period. Note, however, to state that debt collection centers may debtor will pay or enter into a the creditor agency is required to charge and collect fees (see 31 U.S.C. repayment plan within the 30 day transfer to Treasury for collection debts 3711(g)(6)), and to include a reference to period. over 180 days delinquent that are not paragraph (j) which provides additional In section 285.12(c)(1) of the final subject to collection by internal offset information on fees that may be rule, FMS incorporated a suggestion by (or another exemption). If the creditor charged. one agency that the mandatory agency determines that internal offset is requirement to transfer debts be limited available after a debt has been Section 285.12(i)—Certification to debts having a balance of more than transferred to Treasury, the debt will be One agency asked whether agencies $25. The commenter suggested that returned to the creditor agency for are required, under the certification transferring debts having a balance of collection by internal offset. provision, to maintain contact with all less than $25 would not be cost- In response to an agency’s request for debtors to determine whether the debtor effective. Under this final rule, agencies clarification, paragraph (d)(5)(i) has has filed a bankruptcy petition. may, after consulting with FMS, transfer been revised. In recognition of the Agencies are not required to maintain debts in amounts less than $25 when Congressional mandate to centralize such contact. However, agencies are failure to transfer such debts to FMS for delinquent debt collection at Treasury, required to notify FMS immediately collection would weaken the creditor requests for exemption require when they receive notice that a debtor agency’s ability to enforce compliance consideration by a creditor agency’s top has filed for bankruptcy protection so with the program (see section officials. Under paragraph (d)(5)(i) of the that FMS can immediately take action to 285.12(c)(4) of the final rule). The final final rule, an exemption request will be stop collection proceedings that would rule provides that agencies may considered only if it is made by the be in violation of the automatic stay. combine small debts owed by the same head of the creditor agency, the creditor debtor to meet the $25 threshold, and agency’s Chief Financial Officer (CFO), Section 285.12(j)—Fees that FMS may change the threshold or the agency’s Deputy CFO. Heads of One agency asked whether FMS or the amount from time to time. subordinate agencies or organizations, creditor agency will be responsible for

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The authority citation for part 285 the agency’s initial written demand for prerequisites to various collection continues to read as follows: payment or applicable agreement or actions, including any applicable Authority: 26 U.S.C. 6402; 31 U.S.C. 321, instrument (including a post- requirements to notify the debtor 3701, 3711, 3716, 3720A, 3720B, 3720D; E.O. delinquency payment agreement) unless regarding the agency’s policies with 13019; 3 CFR, 1996 Comp., p. 216. other satisfactory payment arrangements respect to the addition of interest, 2. Section 285.11 is amended by have been made. A debt is legally penalties, and administrative costs to revising paragraph (g)(2) to read as enforceable if there has been a final the principal amount of the debt if the follows: agency determination that the debt, in debt is not paid by the due date. the amount stated, is due and there are § 285.11 Administrative wage no legal bars to collection action. Technical Amendment to Section garnishment. Where, for example, a debt is the subject 285.11 (Administrative Wage * * * * * of a pending administrative review Garnishment) (g) Wage garnishment order. process required by statute or regulation On May 6, 1998, FMS published a * * * * * and collection action during the review final rule implementing the (2) The withholding order sent to the process is prohibited, the debt is not administrative wage garnishment employer under paragraph (g)(1) of this considered legally enforceable for provisions of section 31001(o) of the section shall be in a form prescribed by purposes of mandatory transfer to FMS DCIA, codified at 31 U.S.C. 3720D. This the Secretary of the Treasury and signed and is not to be transferred even if the rule amends section 285.11(g)(2) by by the head of the agency or his/her debt is more than 180 days past-due. deleting the words ‘‘on the agency’s delegatee. The order shall contain only (ii) When a final agency letterhead.’’ This non-substantive, the information necessary for the determination is made after an technical amendment allows Federal employer to comply with the administrative appeal or review process, agencies to use the form to be prescribed withholding order. Such information the creditor agency must transfer such by the Secretary for the issuance of an includes the debtor’s name, address, debt to FMS, if more than 180 days administrative wage garnishment order and social security number, as well as delinquent, within 30 days after the date without preparing the form on agency instructions for withholding and of the final decision. letterhead. The requirement that information as to where payments (iii) Nothing in this section is agencies issue the order on agency should be sent. intended to impact the date of letterhead was impractical and * * * * * delinquency of a debt for other purposes interfered with the requirement that 3. Section 285.12 is amended to such as for purposes of accruing interest agencies use a standard form prescribed correct the heading; to revise the and penalties. by Treasury. The agency issuing the definition for ‘‘debt’’ and add a (4) Agencies are not required to wage garnishment order will be clearly definition for ‘‘debt collection center’’ in transfer to FMS debts which are less identified on the form without the use paragraph (a); to revise paragraphs (b) than $25 (including interest, penalties, of agency letterhead. and (c)(3); to add paragraphs (c)(4), and administrative costs), or such other amount as FMS may determine. Regulatory Analysis (d)(5)(iii) and (d)(6); and to revise paragraphs (d)(4), (f), (g), (h), and (j) to Agencies may transfer debts less than This final rule is not a significant read as follows: $25 to FMS if the creditor agency, in regulatory action as defined in consultation with FMS, determines that Executive Order 12866. It is hereby § 285.12 Transfer of debts to Treasury for transfer is important to ensure certified that this rule will not have a collection. compliance with the agency’s policies significant impact on a substantial (a) * * * or programs. Agencies may combine number of small entities. The basis for Debt means any amount of money, individual debts of less than $25 owed this certification is that the DCIA funds or property that has been by the same debtor for purposes of requires agencies to transfer debts that determined by an appropriate official of meeting the $25 threshold. have been delinquent for more than 180 the Federal government to be owed to (d) * * * days to Treasury for further collection the United States by a person. As used (4) A debt is being collected by action unless the debts have been in this section, the term ‘‘debt’’ does not internal offset if a creditor agency granted an exemption by the Secretary include debts arising under the Internal expects the debt to be collected in full of the Treasury. This rule establishes the Revenue Code of 1986. within three (3) years from the date of procedures and criteria for transferring Debt collection center means an delinquency through internal offset. A such debts, explains the statutory agency or a unit or subagency within an debt is being collected by internal offset exceptions to this requirement, and agency that has been designated by the if the creditor agency is withholding establishes the required standards under Secretary of the Treasury to collect debt funds payable to the debtor by the which the Secretary of the Treasury will owed to the United States. FMS is a debt creditor agency, or if the creditor agency grant exemptions. Therefore a regulatory collection center. has issued notice to the debtor of the flexibility analysis is not required. * * * * * creditor agency’s intent to offset such (b) In general. Cross-servicing means funds. Authority and Issuance that FMS or another debt collection (5) * * * Accordingly, the interim rule center is taking appropriate debt (iii) Requests for exemption must be amending 31 CFR part 285 which was collection action on behalf of one or made by the head of the agency published at 63 FR 16354 on April 2, more Federal agencies or a unit or requesting the exemption, the Chief 1998, is adopted as a final rule with the subagency thereof. Financial Officer of the agency, or the following changes: (c) * * * Deputy Chief Financial Officer of the

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FEDERAL EMERGENCY Having stated what it is not, what • Pooling agency efforts to gain MANAGEMENT AGENCY does the National Board want this Federal (for example, HUD’s program to be? As we read the law, Transitional Housing Program) and The National Board Fiscal Year 1999 EFSP should: private foundation grants; Plan for Carrying Out the Emergency • Create inclusive local coalitions • Leveraging EFSP funds within the Food and Shelter Program (EFSP) that meet regularly to determine the best community by encouraging matches of AGENCY: Federal Emergency use of funds and to monitor their use in local EFSP allocations from State and Management Agency (FEMA). their respective communities; local governments and private • Treat every program year as a fresh ACTION: Notice. resources; and, opportunity to reassess what particular • Exchanging ideas on administrative SUMMARY: This notice sets out the plan community needs (e.g., on-site feeding and accounting methods that can by which the Emergency Food and or utility assistance, mass shelter or improve delivery of services and focus Shelter Program National Board homelessness prevention, etc.) should on the collaborative rather than the (National Board) is conducting a be addressed; competitive aspects of agency relations. • program during FY 1999 to distribute Encourage agencies to work Sixteen years ago this program began $100,000,000 to private voluntary together to emphasize their respective as a one-time effort to help address organizations and local governments for strengths, work out common problems, urgent needs. The survival of this delivering emergency food and shelter and prevent duplication of effort; and, • public-private partnership is not only a to needy individuals. The distribution Ensure that the program is helping testament to needs, but also to the formula for selecting organizations and to meet the needs of special populations effectiveness of EFSP as an example of localities, and the award amount for such as minorities, Native Americans, local decision-making and community each, follow the Plan text. veterans, families with children, the responsibility in attempting to meet DATES: The award to the National Board elderly, and the handicapped. those needs. was made October 28, 1998. We re-emphasize that this program has a commitment to emergency EFSP is a reminder of this nation’s FOR FURTHER INFORMATION CONTACT: willingness to confront difficult Carol Coleman, Preparedness, Training services. We continue to view it as an opportunity for building a cohesive problems within the society in new and Exercise Directorate, Federal ways. But most importantly, EFSP feeds Emergency Management Agency, (202) emergency structure that can, for example: and shelters homeless and hungry 646–3107, or Yolanda L. Jones, Program people, it maintains homes and the Specialist, (202) 646–4543, of the • Coordinate the assistance provided, families in those homes, and it creates Preparedness, Training and Exercise across agencies, to families and useful public-private partnerships Directorate, Federal Emergency individuals applying for rental, within communities. Management Agency. mortgage, or utility assistance; SUPPLEMENTARY INFORMATION: Title III of • Enhance a food banking network Table of Contents the Stewart B. McKinney Homeless that is economical in its cost and broad 1.0 Background and introduction. Assistance Act, 42 U.S.C. 11301 et seq., in its coverage; reinforce creative 1.1 Purpose. authorizes use of funds appropriated by cooperation among feeding; and 2.0 FEMA’s role and responsibilities. the Congress to supplement and expand sheltering sites to ensure help for street 3.0 National Board’s role and ongoing efforts to provide shelter, food, populations most in need; and responsibilities. and supportive services to homeless, • Establish or maintain a system that 3.1 Client Eligibility. 4.0 State Set-Aside Committee’s role and needy individuals. complements rather than supplants responsibilities. As in past phases, grant awards from existing private and governmental 5.0 Local Boards’ role and responsibilities. this program address temporary efforts to provide rent, mortgage, or 5.1 Variances and Waivers. emergency needs. This program is not to utility assistance. 6.0 Local Recipient Organizations’ role and address or correct structural poverty or The National Board is aware that we responsibilities. long-standing problems. Rather, this ask much of our voluntary Local Boards 6.1 Independent Annual Audit appropriation is to purchase food and and LROs, and that we provide very Requirements. shelter to supplement and expand little administrative funding. But the 6.2 Fiscal Agents/Conduit Relationship. current available resources and not to cooperative model that EFSP helps 6.3 Financial terms and conditions. 6.4 Grant Payment Process. substitute or reimburse ongoing create can be a useful vehicle for many 6.5 Eligibility of Costs. programs and services. governmental and community-based 6.6 Required Documentation. Use this funding to target special programs. As a group, local providers 7.0 Local appeals process. emergency needs. And when we discuss can accomplish much: 8.0 Allocations formula. emergency needs we are referring to • Initiating a dialogue with local 9.0 Amendments to plan. offices of Federal entities such as the economic, not disaster-related, 1.0 Background and Introduction emergencies. The funding should U.S. Department of Agriculture to take supplement feeding and sheltering full advantage of excess commodities The Emergency Food and Shelter efforts in ways that make a difference. and its other programs or with the U.S. Program was established on March 24, What that means is: EFSP is not to make Department of Labor’s Job Training 1983, with the signing of the ‘‘Jobs up for budget shortfalls or to be just a Partnership Act (JTPA); Stimulus Bill,’’ Public Law 98–8. That line item in an annual budget; funds • Working with Federal programs that legislation created a National Board, should not go to the same agencies for require the input of local providers such chaired by FEMA, which consisted of the exact same purposes every year; as the Department of Housing and representatives of the American Red and, the funding is open to all Urban Development’s Community Cross; Catholic Charities, USA; the organizations helping hungry and Development Block Grant or Emergency Salvation Army; Council of Jewish homeless people and not that the funds Shelter Grant and the Department of Federations, Inc.; United Way of should go only to Local Board member Health and Human Services’ Health America; and the National Council of agencies or local government agencies. Care for the Homeless; Churches of Christ in the U.S.A.

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From the first appropriation in 1983, consensus by the National Board as the may be reallocated by the respective through its authorization under the mode of operation; State Set-Aside Committees; Stewart B. McKinney Homeless (c) Provide policy guidance, (10) Ensure that funds are properly Assistance Act (Pub. L. 100–77—signed management oversight, Federal accounted for, and that funds due are into law on July 24, 1987, subsequently coordination, and staff assistance to the collected; reauthorized under Pub. L. 100–628, National Board; (11) Provide consultation and signed into law on November 7, 1988), (d) Award the grant to the National technical assistance to local the Emergency Food and Shelter Board; jurisdictions as necessary to monitor Program has distributed $1.8 billion to (e) Assist the Secretariat in program compliance; over 11,000 social service agencies in implementing the National Board (12) Compile the reports it receives more than 2,500 communities across the Program; from the Local Boards and submit a country. (f) Report to Congress on the year’s detailed accounting of use of all From its inception, the unique program activities through the program monies in the form of a report features of this program are the Interagency Council on the Homeless to FEMA; partnerships it establishes. At the Annual Report; (13) Conduct a compliance review of national level, the Federal government (g) Conduct audits of the program; food and shelter expenditures made and National Board member (h) Monitoring program compliance under this program for specified LROs. organizations have the legal with current Federal and program The National Board, FEMA, the responsibility to work together to set guidelines; and independent accounting firm selected allocations criteria and establish (i) Initiate Federal collection by the National Board, or the Inspector program guidelines. Such coalitions, as procedures to collect funds or General’s office may also conduct an set forth in the law, are even more vital documentation due when the efforts of audit of these funds; and on the local level. In each community the National Board have not been (14) Monitor LRO compliance with Local Boards make the most significant successful. OMB Circular A–133. decisions on their own make-up and (b) Secretariat and Fiscal Agent. operation, the types of services most in 3.0 National Board’s Role and need of supplemental help, what Responsibilities The National Board has selected the United Way of America as the organizations should be funded and for (a) National Board’s EFSP activities what purpose and amount. These Secretariat and fiscal agent to perform The National Board will perform the portions of the law remain unchanged necessary administrative duties for the following EFSP activities: and are the core of this unique public- Board. An administrative allowance of (1) Select jurisdictions of highest need private partnership. one percent of the total award may be for food and shelter assistance and used for National Board administration. 1.1 Purpose. determine amount to be distributed to 3.1 Client Eligibility This publication outlines the roles, each; responsibilities, and implementation (2) Notify national organizations (a) Eligibility criteria. procedures that will be followed by the interested in emergency food and The National Board does not set client National Board, FEMA Local Boards, shelter to publicize the availability of eligibility criteria. If the Local Board LROs, and SSA Committees, in the funds; does not set eligibility criteria, the LRO distribution and use of these funds. (3) Develop the operational manual may use its existing criteria or set National in scope, EFSP will provide for distributing funds and establish criteria for assistance under this award. food and shelter assistance to criteria for expenditure of funds; However, the LRO’s criteria must individuals in need through local (4) In jurisdictions that received provide for assistance to needy private voluntary organizations and previous awards, notify the former Local individuals without discrimination (age, local governments in areas the National Board chair that new funds are race, sexual orientation, religion, Board designates as being in highest available. In areas newly selected for national origin, or disability). need. The intent of EFSP is to meet funding, notify the local United Way, (b) Where funds may be used. emergency needs by supplementing and American Red Cross, Salvation Army, or Funds allocated to a jurisdiction are expanding food and shelter assistance local government official. The National intended for use within that currently available to individuals. Board will notify qualifying jurisdiction. Residents of or transients Individuals who received assistance jurisdictions of award eligibility within in a specific jurisdiction should seek under previous programs may again be 60 days following allocation by FEMA; service within that jurisdiction. recipients, providing they meet local (5) Provide copies of award (c) Citizenship eligibility. eligibility requirements. notification materials to National Board Citizenship is not an eligibility member affiliates and other interested requirement to receive assistance from 2.0 FEMA’s Role and Responsibilities parties; EFSP. The National Board does not FEMA will perform the following (6) Secure board plan, certification mandate nor recommend the use of any EFSP activities: forms and board rosters from Local particular existing criteria such as food (a) Constitute a National Board Boards. Ensure Local Board compliance stamp guidelines, welfare guidelines, or consisting of individuals affiliated with with established guidelines; income guidelines. United Way of America; The Salvation (7) Distribute funds to selected LROs; 4.0 State Set-Aside (SSA) Committee Army; the National Council of Churches (8) Hear appeals and grant waivers; Role and Responsibilities of Christ in the USA; Catholic Charities, (9) Establish an equitable system to USA; the Council of Jewish Federations, accomplish the reallocation of (a) SSA Committee’s role. Inc.; the American Red Cross; and unclaimed or unused funds. Unused or (1) The SSA process allows flexibility FEMA; recaptured funds will be reallocated by in selection of jurisdictions to target (b) Chair the National Board, using the National Board, except in the case pockets of homelessness or poverty in parliamentary procedures and of State Set-Aside counties whose funds non-qualifying jurisdictions (refer to

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Supplementary Information, above, on (3) The SSA Committees are local government or his or her designee qualifying criteria), areas experiencing responsible for the following: will replace the FEMA member. We drastic economic changes such as plant (i) recommending high-need encourage Local Boards to expand closings, areas with high levels of jurisdictions and award amounts within participation and membership by unemployment or poverty that do not the State. When selecting jurisdictions inviting minority populations, other meet the minimum level of with demonstrated need, the National private non-profit organizations and unemployment, or jurisdictions that Board encourages the consideration of government organizations. The Local have documented measures of need that counties incorporating or adjoining Board’s jurisdiction should be are not adequately reflected in Indian reservations. The SSA geographically represented as well. unemployment and poverty data. Committee has 25 working days to (2) Chair of the Local Board. The (2) The distribution of funds to SSA notify the National Board in writing of members of each Local Board will elect Committees will be based on a ratio its selections and the appropriate a chair. calculated as follows: the State’s average contact person for each area. Note: The (3) Active Board Memberships. Local number of unemployed in non-funded minimum award amount for a single Board membership is not honorary; jurisdictions divided by the average jurisdiction is $1,000 and only whole- there are specific duties the board must number of unemployed in non-funded dollar amounts can be allocated. perform. If a member cannot regularly jurisdictions nationwide equals the (ii) notifying the National Board of attend meetings, the member should be State’s percentage of the total amount selection criteria that were used to replaced by another representative of available for SSA awards. determine which jurisdictions within the member’s designated agency. If a (b) SSA responsibilities. the State were selected to receive funds. member must be absent from a meeting, The National Board will then notify the member’s organization may (1)(i) An SSA Committee in each State these jurisdictions directly. If SSA will recommend high-need jurisdictions designate an alternate. jurisdictions do not claim funds, SSA (4) Localities not previously funded. If and award amounts to the National Committees may recommend other Board. The SSA will give priority a locality has not received funding jurisdictions to receive the unclaimed previously and is now designated as consideration to jurisdictions not funds. meeting criteria for direct funding, from being in high need, the National Board (4) The SSA Committee may use an the National Board, although funded designates the local United Way to administrative allowance of one-half of jurisdictions may receive additional constitute and convene a Local Board as one percent (0.5%) of the total SSA funding. SSA Committees should also described above. If there is no local award to each State for its consider the special circumstances of United Way, or it does not convene the administration. jurisdictions that qualified in previous board, the local American Red Cross, funding phases but are not eligible in 5.0 Local Boards’ Role and the local Salvation Army, or a local the current phase. The State Committees Responsibilities government official will be responsible may wish to provide these jurisdictions for convening the initial meeting of the (a) Local Boards’ role and Local Board. with an allocation so that the abrupt responsibilities. change in funding status does not (5) Localities previously funded. If a (1) Constituting Local Boards. Each disrupt local providers. We ask SSA locality has previously received area designated by the National Board to Committees to consider current and National Board funding, the National receive funds will constitute a Local significant State or local data in their Board will contact the former chairman Board. In a local community where deliberations. Although the National of the Local Board about any new there are affiliates of the United Way of Board staff provides national data to the funding the locality is to receive. America; The Salvation Army; the SSA Committees, it does not require any (6) Each award phase new. Each National Council of Churches of Christ particular formula. award phase is new. Therefore, the in the U.S.A.; Catholic Charities, U.S.A; Local Board is a new entity in every (ii) In each State, we will notify the Council of Jewish Federations; and the phase. The convenor of the Local Board chair of the previous phase’s SSA American Red Cross that are must ask each agency to designate or Committee of the award amount represented on the National Board, they redesignate a representative every available to the SSA Committee. In a must be invited to serve on the Local program year. State where there are affiliates of the Board. An agency’s own governing voluntary organizations represented on board may not serve as a Local Board. (7) Local Board meeting options. The the National Board, the State affiliates The National Board requires that if a National Board requires Local Boards to must be invited to serve on the State jurisdiction is located within or select one of the following options for Committee. If no single State affiliate encompasses a federally recognized meetings: exists, an appropriate representative Indian reservation, the Local Board (i) Quarterly Meetings: We encourage should be invited. The Governor or his/ must invite a Native American Local Boards to meet quarterly to ensure her representative will replace the representative to serve on the Board. All that LROs are implementing the FEMA member. State Committees are Local Boards must include in their program according to guidelines. encouraged to expand participation by membership a homeless or formerly Meetings may be conducted via inviting or notifying other private non- homeless person. Local Boards should conference calls. profit organizations on the State level. seek recommendations from LROs for an (ii) Semiannual Meetings: Local The National Board encourages the appropriate representative. Local Boards Boards meeting twice a year must also inclusion of Native Americans, that cannot have homeless or formerly ensure that LROs are implementing the minorities, and other appropriate homeless representation must still program according to guidelines. representatives should be invited on the consult with homeless or formerly Ongoing monitoring activities must take State Committee. homeless individuals, or former or place. Local Boards electing to hold (2) Members of the SSA Committee current clients of food or housing meetings semiannually must submit will elect a person to chair the services for their input. The County copies of their meeting minutes with the committee. Executive/Mayor, appropriate head of jurisdiction’s final report.

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(8) Quorum; minutes. A majority of funds and ensuring that they comply the National Board and should include members must be present for the with OMB Circular A–133. details on action that the Local Board meeting to be official. Attendance and (13) Required forms. Local Boards has taken. Only when there is decision-making minutes must be kept. must complete and return all required significant question of misapplication of Meeting minutes must be voted on and forms to the National Board. (Local guidelines, fraud, or other abuse on the approved by the Local Board at the next Board Plan, Local Board Certification part of the Local Board will the National meeting. They must also be available to Form, and Local Board Roster.) Board consider action. Report cases the National Board, Federal authorities, (14) Certifications. Local Boards will involving fraud or other misuse of and the public on request. secure and retain signed forms from Federal funds to the Office of the (9) Advertising and promoting the each LRO certifying that each LRO has Inspector General, FEMA, in writing or program. The Local Board will have 25 read and understands the program by telephone at 1–800–323–8603. working days after the notification of guidelines and that the LROs will (21) National Board/Local Board the award selection by the National comply with cost eligibility and point of contacts. The chair of the Local Board to advertise and promote the reporting requirements. Board or his or her designated staff will program to give any organization (15) Duplication of assistance. Local be the central coordination point of capable of providing emergency services Boards must establish a system to contact between the National Board and an opportunity to apply for funds. ensure that no duplication of service the LRO selected to receive assistance Advertising must take place before the occurs within the expenditure from EFSP. Local Board allocates funds. Failure to categories of rent, mortgage or utility (22) Surplus food. If FEMA requests, advertise properly will delay processing assistance (RMU). Local Boards are free the Local Board should nominate an of the jurisdiction’s board plan and to establish any system as long as no appropriate feeding organization to subsequent payment of funds. Local duplication of rent/mortgage or utility receive surplus food from Department of Boards should allow at least one week assistance can take place under Defense commissaries. for interested organizations to apply for reasonable circumstances. (23) Monitoring programs. funding. (Local Boards do not have to (16) Client eligibility. Establish client (i) Monitoring programs; reports. re-advertise fund availability for eligibility, at Local Board’s discretion. Boards will be responsible for supplemental allocations within the Local Boards may determine client monitoring programs carried out by the same spending period.) eligibility for EFSP or use established LROs they select to receive funds. Local LRO eligibility. LROs may develop and Boards should work with LROs to (10) Local Board grant use separate needs test for assistance ensure that funds LROs use to meet recommendations. The Local Board under EFSP but should first get Local immediate food and shelter needs on an recommends which local organizations Board approval. The Local Board should ongoing basis. Local Boards may not should receive grants and the amounts communicate eligibility criteria for alter or change National Board cost of the grants. Local Boards must have a assistance under EFSP to LROs. eligibility or approve expenditures written application process and (17) Personnel changes. Local Boards outside the National Board’s criteria consider all private voluntary and must notify the National Board of without National Board permission. public organization applicants. In changes in the Local Board chair, staff (ii) Reports. selecting LROs to receive funds, the contact, or LRO contacts, including (A) An interim report of expenditures Local Board must consider the complete addresses and phone numbers. is due to the National Board with each demonstrated ability of an organization (18) Merging Local Boards. Local LRO’s second check request. A final to provide food, shelter assistance or Boards that determine they can better report (accompanied by financial both. Local Board members should use their resources by merging with documentation for specified LROs) is strive to use consistent criteria, sound neighboring boards may do so. The head due 45 days after the end of each judgment and fairness in their approach. of government or his or her designee for jurisdiction’s program. Local Board membership must have no each jurisdiction must sit on the merged (B) The National Board will provide relationship to funding. Local Board board, along with agency forms for all required reports. members must abstain from voting on representatives from each jurisdiction. their own grant awards. Local Boards (C) Local Boards may request other The merged Local Board must ensure should select LROs to receive funds to reports from their LROs at an that the award amount designated for supplement and expand eligible on- appropriate time (e.g., monthly or each civil jurisdiction is used to provide going services, and should not fund quarterly updates). assistance to individuals within that LROs before a needed service (i.e., fire (24) Funds reallocations. The Local jurisdiction. victims, floods, tornadoes, etc.). Nor Board should reallocate funds whenever should Local Board select agencies for (19) Guidelines and technical it determines that the original allocation funding due to budget shortfalls or for assistance. Local Boards must be plan does not reflect the actual need for cuts in other funding sources. Agencies familiar with current guidelines and services or if an LRO is unable to use on Indian reservations are eligible to provide technical assistance to service its full award effectively. The Local receive EFSP monies if they meet LRO providers. National Board staff can Board must recover funds and reallocate requirements. provide advice and counsel. them if an LRO makes ineligible (20) Appeals. Local Boards must expenditures or uses funds for items (11) Grant allocations. The minimum establish an appeals process to address that have clearly not been approved by grant per LRO is $300 and only whole- participation or funding, to hear and the Local Board. The National Board can dollar amounts may be allocated. The resolve appeals made by funded or non- reallocate funds held in escrow for Local Board should be prepared to funded organizations, and to investigate LROs that have unresolved compliance justify an allocation of one-third (1⁄3) or complaints made by individuals or problems or may reclaim the funds. The more of its total award to a single LRO. organizations. Local Boards should deadline to reallocate any funds held in (12) Monitoring LROs. Local Boards handle appeals promptly. If a Local escrow is July 30, 1999. are responsible for monitoring LROs Board cannot handle an appeal locally, (i) The Local Board may approve that receive over $100,000 in Federal the case should be referred in writing to reallocation of funds between LROs that

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National Board for reissuance to another Boards must submit reports to the 6.0 Local Recipient Organizations’ LRO or request reallocation of National Board on LRO’s expenditures Roles and Responsibilities remaining funds before the National as of the date they request each LRO’s Board releases the second or third second/third check and should submit a (a) Local Recipient Organizations’ payments. final report within 45 days after the roles and responsibilities. (ii) If the Local Board wishes to jurisdiction’s end-of-program date. (1) In selecting LROs to receive funds, reallocate funds to an agency that it did (27) Review of reports and the Local Board must consider the not approve on the original board plan, documentation. demonstrated ability of an organization the Local Board must make a written (i) After the close of the program, to provide food and shelter assistance. request for approval to the National Local Boards must review the accuracy Local Boards should select LROs to Board. The National Board must of all LROs reports and documentation. receive funds to supplement and approve an LRO before receipt of funds. Local Boards should forward expand eligible ongoing services, but (iii) Local Boards can reallocate funds documentation for specified LROs to the not to fund in anticipation of a needed from one service to another (e.g., from National Board on request. If service (i.e., fire, flood, or tornado food to shelter) without National Board expenditures violate the eligible costs victims); nor should Local Boards select approval if the transfer is within an under this award, the Local Board must agencies for funding due to budget individual LRO. require reimbursement to the National shortfalls or for cuts in other funding (iv) If a Local Board cannot satisfy the Board. sources. Local participation in the National Board that it can use funds in (ii) Local Boards must remain in program is not limited to organizations accordance with this plan, the National operation until they satisfy all program that are part of any State or national Board may reallocate the funds to other and compliance requirements of the organization. Agencies on Indian jurisdictions. National Board. Local Boards must reservations are eligible to receive EFSP (25) Misuse of EFSP funds. retain all records for three (3) years from funds if they meet LRO requirements set (i) Should anyone have reason to the end-of-program date. out in the EFSP program manual. suspect that EFSP funds are being used (28) Extension of spending periods. Organizations that received awards for purposes contrary to the law and Each jurisdiction will be granted the under previous legislation may be guidelines governing the program, the option to extend its spending period by eligible again provided that the National Board recommends taking 30, 60, or 90 days. This option will be organization still meets eligibility action to assist in bringing such offered during the summer of each requirements. practices to a halt. phase. The extension applies to the (2) For a local organization to be (ii) The National Board requires that entire jurisdiction. Should the eligible for funding it must: whenever anyone suspects fraud, theft, jurisdiction receive a grant in the next (i) be nonprofit or an agency of or other criminal activity in connection phase, that phase’s spending period will government; with the use of EFSP funds, the Office begin the day after the chosen end-date. (ii) have an accounting system or an of the Inspector General, (OIG), FEMA, 5.1 Variances and Waivers approved fiscal agent; should be immediately contacted. The (iii) have a Federal employer Inspector General’s Hotline number to (a) Variances. Local Boards may identification number (FEIN), or be in call is 1–800–323–8603 or the receive requests for variances in the the process of securing an FEIN (Note: complainant can write to: Office of the budgets that they approve for LROs. contact local IRS office for more Inspector General, FEMA, 500 C Street Local Boards may allow such changes information on securing an FEIN and SW, Washington, DC 20472. The provided that the requested items are the necessary form [SS–4]; complainant should include as much eligible under this program. If there is information as possible to support the any doubt on the part of the Local Board (iv) conduct an independent annual allegation and preferably furnish his/her as to eligibility, it should contact the audit if receiving $25,000 or more from name and telephone number so that the National Board for clarification. If an EFSP; special agent assigned to that office may LRO requests an expenditure that falls (v) practice nondiscrimination (those make a follow-up contact. Federal law outside the program guidelines, the agencies with a religious affiliation that protects the confidentiality of any Local Board, if in accord, must request wish to participate in the program must communication made with the OIG. in writing a waiver from the National agree not to refuse services to an (iii) A complainant desiring to remain Board before making the expenditure. applicant based on religion or require totally anonymous should make a (b) Waivers. Waivers requested by a attendance at religious services as a follow-up phone call to the OIG within LRO because of a compliance exception condition of assistance, nor will such 30 days from the date of the original must be submitted to the Local Board. groups engage in any religious complaint so that the OIG may ask any The Local Board will submit the waiver proselytizing in any program receiving follow-up questions. Follow-up calls to the National Board for review. EFSP funds); and, should be made to 1–202–646–3894 National Board staff will evaluate (vi) for private voluntary during normal business hours, Eastern waiver requests and use discretion to organizations, have a voluntary board. Standard Time (charges may be approve or deny requests. In general, the (3) Each LRO will be responsible for reversed). The caller should advise that National Board considers waiver certifying in writing to the Local Board he/she is making a follow-up call requests that are not within the that it has read and agrees to abide by regarding a prior anonymous complaint. guidelines, but address the program’s the cost eligibility and reporting The Office of the Inspector General, intent. standards of this publication and any FEMA, will appropriately notify both The waiver request from the Local other requirements made by the Local local law enforcement authorities and Board should clearly state the need for Board.

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(4) An LRO may not operate as a or public accounting firm, which (e) Fiscal agents/fiscal conduits may vendor for itself or other LROs except includes the parent organization’s cut checks to vendors only. They may for the shared maintenance fee for food review of the LRO in a larger audit not cut checks to the agencies on whose banks. review. behalf they are acting or to agencies/ (5) LROs selected for funding must: (iii) A copy of the local audit review sites under their ‘‘umbrella.’’ The (i) Maintain records according to the by the parent organization along with a exception to this is when an agency is guidelines stated in the EFSP program copy of the independent audit of the using the per diem allowance for mass manual. Consult the Local Board chair/ national/regional office will be made shelters or the per meal allowance for staff on matters requiring interpretation available by the parent organization to served meals. or clarification prior to incurring an the National Board upon request. (f) Fiscal agents must submit expense or entering into a contract. It is (2) In addition to the above individual interim and final reports for important to have a thorough requirements, any LRO receiving each agency. Fiscal conduits will file a understanding of these guidelines to $100,000 or more in combined federal single interim report on their awards avoid ineligible expenditures and funds must have an audit made in along with a breakdown of agencies and consequent repayment of funds. accordance with OMB Circulars A–128 spending with the final report. National Board staff can answer LROs’ or A–133, as applicable. (g) Any LRO with an outstanding questions at (703) 706–9660 or (202) (3) Audits of units of government will compliance exception may not be 646–3107. be made annually unless State or local funded under a fiscal agent/fiscal (ii) Provide services within the intent government had, by January 1, 1987, a conduit. If a fiscal agent has an of the program. Funds are to be used to constitutional or statutory requirement unresolved compliance exception, any supplement and expand food and for less frequent audits. For those other funds awarded to the fiscal agent shelter services, not as a substitute for governments that have biennial audits, (either as a grant for its own program or other program funds. LROs should take we permit audits covering both years. as fiscal agent for another agency) will the most cost-effective approach in 6.2 Fiscal Agent/Fiscal Conduit be held in escrow until all compliance buying or leasing eligible items/services, Relationship exceptions are resolved. Fiscal conduits and should limit purchases to essential will be audited as a single award, and items within the $300 limit for (a) For National Board purposes, a will be handled as any other LRO. equipment, unless the National Board fiscal agent is an agency that maintains has granted prior approval. all EFSP financial records for another 6.3 Financial Terms and Conditions (iii) Deposit funds for this program in agency. A fiscal conduit is an EFSP- (a) Definitions. a federally insured bank account. LROs funded agency that maintains all EFSP ‘‘Local Recipient Organization’’ refers must maintain proper documentation financial records on behalf of one or to the local private or public for all expenditures under this program more agencies under a single grant. If organizations that will receive any according to the guidelines. Agencies any one agency in a jurisdiction is award of funds from the National Board. should ensure that selected banks will making bulk purchases for other ‘‘Award’’ refers to the award of funds return canceled checks. LROs’ agencies not funded directly, it must made by the National Board to a local expenditures and documentation will be serve as a fiscal conduit and follow all private or public organization on the subject to review for program the applicable rules. recommendation of a Local Board. compliance by the Local Board, (b) The fiscal agent/fiscal conduit is ‘‘End-of-program date’’ refers to the National Board or Federal authorities. the organization responsible for the date, as agreed upon by Local and LROs must maintain records for three receipt of funds, disbursement of funds National Board, by which a given years and any interest income must be to vendors, and documentation of funds jurisdiction must spend or return all put back into program expenditures. received. The fiscal agent/fiscal conduit monies. must meet all of the requirements of an 6.1 Independent Annual Audit LRO. (b) Amendments. Requirements (c) Local Boards may wish to use a The National Board may amend an (a) LROs receiving $25,000 or less in fiscal agent/fiscal conduit when they award at any time based on written EFSP funding. We will not require an desire to fund an agency that does not information provided by a Local Board. independent annual audit for these have an adequate accounting system nor Both the National Board and the Local LROs. conducts an annual audit, but Board must execute amendments that (b) LROs receiving $25,000 or more in nevertheless meets all other criteria. The reflect the rights and obligations of EFSP funding. Local Board may authorize funds to be either party. The National Board may (i) We will require an independent channeled through another agency that unilaterally issue administrative annual audit in accordance with is a designated fiscal agent/conduit. amendments such as changes in Government Auditing Standards for Fiscal agents/conduits are accountable accounting data. these LROs. The National Board will for compliance with program (c) Local Board Authority Related to accept an LROs national/regional requirements. LROs. annual audit if the LROs meet the (d) Any agency benefiting from funds (1) The Local Board is responsible for following conditions: received by a fiscal agent/fiscal conduit monitoring expenditures of LROs (i) The LRO is truly a subsidiary of the must meet all of the criteria to be an providing food and/or shelter services, national organization (i.e., shares a LRO except the accounting system and authorizing the adjustment of funds single Federal tax exemption). annual audit requirements and must between food and shelter programs, and (ii) The LRO is audited by the sign the Fiscal Agent/Fiscal Conduit reallocating funds from one LRO to national/regional office internal auditors Relationship Certification Form. For another. or other person designated by the tracking purposes, all agencies funded (2) Local Boards may not alter or national/regional office AND the through fiscal agents or fiscal conduits change National Board cost eligibility or national/regional office is audited by an must secure a Federal Employer’s approve expenditures outside the independent certified public accountant Identification Number. National Board’s criteria without

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National Board permission. (Refer to (1) LROs must retain financial (6) A systematic method to ensure Section 3.1 on Variances and Waivers.) records, supporting documentation, timely and appropriate resolution of (3) A Local Board can call back funds statistical records, and all other records audit findings and recommendations. from an LRO and reallocate to another pertinent to the award for three years, (7) In cases where more than one civil LRO in the case of gross negligence, with the following exceptions: jurisdiction (e.g., a city and a balance of inadequate use of funds, failure to use (i) If any litigation, claim or audit county, or several counties) funds, failure to use funds for purposes begins before the expiration of the three- recommends awards to the same LRO, intended, or for any other violation of year period, the LRO must retain the the organization can combine these the National Board guidelines, or in records until resolution of all litigation, funds in a single account. However, cases of critical need in the community. claims or audit findings involving the separate program records for each civil The Local Board must advise, in records. jurisdiction award must be kept. writing, all concerned LROs of any (ii) LROs must retain records for (h) Payment. reallocation of their original award. nonexpendable property, if any, A first payment will be made to the (4)(i) If the Local Board discovers acquired in part with Federal funds for LRO by the Secretariat upon ineligible expenditures by an LRO, the three years after submission of a final recommendation of the Local Board and Local Board must send to the report. ‘‘Non-expendable property’’ approval by the National Board. Second organization a written request for means tangible property having a useful check requests include an interim report reimbursement of the amount and must life of more than one year and an that each LRO must complete. The Local notify the National Board. If the LRO is acquisition cost of more than $300 per Board Chair signs the request and mails unwilling or unable to reimburse the unit. it to the National Board. Second/third National Board for the ineligible (2) The retention period starts from installments will be held back until the expenditures, the Local Board must the date the LRO submits the final National Board reviews and clears the refer the matter to the National Board. expenditure report. jurisdiction’s final Local Board report The National Board may ask the Local (3) The National Board may request and documentation for the previous Board to take further action to see that transfer of certain records to its custody year. the LRO reimburses the National Board from the LRO when it determines that (i) Financial reporting requirements. for any ineligible expenditures or the the records possess long-term retention (1) LROs must submit a financial National Board may refer the matter to value. The LRO must make such status report to the Local Board; the FEMA. transfers as requested. Local Board will forward to the National (ii) If the Local Board suspects that an Board 45 days after the jurisdiction’s (4) The Director of FEMA, the LRO has committed fraud, the Local program ending date. Comptroller General of the United Board must contact the Office of the (2) The National Board will provide States, and the National Board, or any Inspector General, FEMA, in writing or the LRO, through the Local Board, with of their authorized representatives, will by telephone at 1–800–323–8603 with the necessary report forms well in have access to any pertinent books, details of suspected fraud or misuse of advance of report deadlines. documents, papers, and records of the Federal funds. recipient organization, and its (j) Closeout procedures. (5) If an LRO received an award under subgrantees to make audits, The following definitions apply to previous phases, it must not include examinations, excerpts and transcripts. closeout procedures: those funds in any reporting for the ‘‘Close-out’’ is the process by which (f) Financial management systems. present awards. Reports should be the National Board determines that all The LRO/fiscal agent or fiscal conduit confined to the amount granted by the applicable administrative actions and must maintain a financial management National Board under the new all required work of the award are system that provides for the following: appropriations legislation. complete. (d) Cash Depositories. (1) Accurate, current and complete ‘‘Disallowed costs’’ are those charges (1) Any money advanced to the LRO disclosures of the financial results of that the National Board determines are under the terms of this award must be this program. unallowable under the legislation, deposited in a bank with Federal (2) Records that identify adequately National Board requirements, applicable Deposit Insurance Corporation (FDIC) or the source and application of funds for Federal cost principles, or other Federal Savings & Loan Insurance federally supported activities. These conditions in the award. The applicable Corporation (FSLIC) insurance coverage records must contain information cost principles for Private Voluntary (whose responsibility has been taken pertaining to Federal awards, Organizations are contained in OMB over by FDIC), and the balance authorizations, obligations, unobligated Circular A–133, ‘‘Audit of States, Local exceeding the FDIC or FSLIC coverage balances, assets, outlays, and incomes. Governments, and Non-Profit must be secured collaterally. LROs must (3) Effective control over and Organizations,’’ and OMB Circular A– put back into program costs any interest accountability for all funds, property, 110, ‘‘Uniform Administrative income earned on these monies. and other assets. Requirements for Grants and Other (2) LROs are encouraged to use (4) Procedures for determining Agreements with Institutions of Higher minority banks (a bank owned at least eligibility of costs in accordance with Education, Hospitals, and Other Non- 50 percent by minority group members). the provisions of the EFSP manual. Profit Organizations.’’ The applicable This is consistent with the national goal (5) Accounting records supported by cost principles for Public Organizations of expanding the opportunities for source documentation. The LRO must are contained in OMB Circular A–87, minority business enterprises. A list of maintain and retain a register of cash ‘‘Cost Principles for State Agencies and minority-owned banks is available from receipts and disbursements and original Units of Local Governments.’’ If you are the Office of Minority Business supporting documentation such as unsure of where to find these circulars, Enterprises, U.S. Department of purchase orders, invoices, canceled check with your local Congressional Commerce, Washington, DC 20203. checks, and whatever other Representative. (e) Retention and Custodial documentation is necessary to support (k) Suspension and Termination Requirements for Records. its costs under the program. Procedures.

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The following definitions apply to checks. The National Board encourages at the prevailing rate. EFSP funds suspensions and termination LROs to take advantage of direct deposit cannot be used to pay such a procedures: where possible. maintenance fee twice: by a food bank ‘‘Local Board Authority’’ is authority (c) The National Board will pay all and by the food pantry/agency it is to suspend/reallocate all or a portion of awards totaling less than $100,000 in serving. Food banks may operate as both an LRO’s award at its discretion for any two equal installments. They will pay a vendor and LRO. Documentation cause (i.e., inability to deliver services, awards totaling $100,000 or more in two required: receipts/invoices for food suspected fraud, violation of eligible equal installments upon submission of purchased and canceled checks. costs, changing need in the community, lobbying certification and disclosure. (iii) Transportation expenses related etc.). (d) The National Board will distribute to the delivery of purchased and ‘‘Suspension’’ of the award is an second payments once it completes the donated food; limited to actual fuel action by the Local Board or National jurisdiction’s compliance review for the costs. Documentation required: (1) Board that temporarily suspends previous program period. Second mileage log at the current Federal rate Federal assistance under the award payments will be held in escrow until (30 cents per mile), with departure, pending corrective action by the LRO or the LRO satisfies all compliance destination and trip purpose; or, (2) pending a decision by the National exceptions. The deadline to request all receipts/invoices from contracted Board to terminate the award. second payments under Phase XVII is services or public transportation, ‘‘Termination’’ of the award means July 31, 1999. Therefore, for those LROs receipts for actual fuel costs; and the cancellation of Federal assistance, in ineligible to receive their second checks canceled checks. whole or in part, under the award at any due to unresolved compliance (iv) Purchase of small equipment not time prior to the date of completion. exceptions, Local Boards must exceeding $300 per item and essential (l) Lobbying. reallocate their escrowed awards by July to operation of food bank or pantry (e.g., (1) Pub. L. 101–121, section 319, 31, 1999. shelving, and storage containers). states that an LRO will not use Federally (e) The National Board will mail all Documentation required: receipts/ appropriated grant funds for lobbying payments directly to the LRO, and will invoices for equipment purchased and activities. This condition bars the use of mail second payments to the LRO only canceled checks. Federal money for political activities, upon the written request of the Local (v) Purchase of consumable supplies but does not in any way restrict Board Chair, together with the LRO’s essential to distribution of food (e.g., lobbying or political activities paid for interim report. The Local Board will bags, boxes). Documentation required: with non-Federal funds. This condition authorize second payments once they receipts/invoices for supplies purchased prohibits the use of Federal grant funds are assured that the LRO is and canceled checks. for the following activities: implementing the current program as (2) For mass shelters (five or more (i) Federal, State or local intended and according to these beds) or mass feeding sites, eligible electioneering and support of such guidelines. expenditures include: (i) Food (hot meals, groceries, food entities as campaign organizations and 6.5 Eligibility of Costs political action committees; vouchers). Limited amounts of dessert (a)(1) The intent of this appropriation items (i.e., cookies, ice cream, candy, (ii) Direct lobbying of the Congress is to purchase food and shelter to etc.) used as a part of a daily diet plan and State legislatures to influence supplement and expand current may be purchased. Also allowable are legislation; available resources and not to substitute vegetable seeds and vegetable plants (iii) Grassroots lobbying concerning or reimburse ongoing programs and cultivated in an agency’s garden on-site either Federal or State legislation; services. The LRO should clear and canning supplies. Documentation (iv) Lobbying of the Executive branch questions regarding interpretation of the required: receipts/invoices for food in connection with decisions to sign or program’s guidelines with the Local purchased and canceled checks or veto enrolled legislation; and, Board before action. Local Boards served meals per diem schedule). (v) Efforts to use State or local unsure of the meaning of these (ii) Local transportation expenses for officials to lobby the Congressional or guidelines should contact the National picking up/delivery of food; transporting State Legislatures. Board at (703) 706–9660 for clarification clients to mass shelter or feeding site. (2) Any LRO that will receive more before advising the LRO. If an LRO Limited to actual fuel costs, a mileage than $100,000 in EFSP funds must requests an expenditure request that is log at the current Federal rate (30 cents submit the following before grant not listed below as eligible, the Local per mile) contracted services or public payment: Board may request a waiver from the transportation. Documentation required: (i) a certification form that the LRO National Board. (1) mileage log, or (2) receipts/invoices will not use EFSP funds for lobbying (2) No individual or family may be from contracted services or public activities; and, charged a fee for service or assistance transportation, receipts for actual fuel (ii) a disclosure of lobbying activities under EFSP. costs, and canceled checks. (if applicable). (b) Eligible Program Costs. Eligible (iii) Purchase of consumable supplies program costs include, but are not essential to mass feeding (i.e., plastic 6.4 Grant Payment Process limited to: cups, utensils, detergent, etc.) or mass (a) United Way of America is the (1) For food banks/pantries, eligible shelters of five or more beds (i.e., soap, fiscal agent for the National Board and costs include: toothbrushes, toothpaste, cleaning will process all Local Board plans. (i) Groceries, food vouchers, vegetable supplies, etc.) Documentation required: Payments will be made to organizations seeds, gift certificates for food. receipts/invoices for supplies purchased recommended by Local Boards for Documentation required: receipts/ and canceled checks. funding. invoices for food purchased and (iv) Purchase of small equipment not (b) The National Board offers two canceled checks. exceeding $300 per item and essential methods of payment to LROs: direct (ii) The Local Board may allow for to mass feeding (i.e., pots, pans, deposit (electronic funds transfer) or maintenance fees charged by food banks toasters, blenders, etc.) or mass shelters

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(i.e., cots, blankets, linens, etc.). and contract labor, document citing Note the documentation requirements Documentation required: receipts/ building code violation requiring the for each option. invoices for equipment purchased and repair (for building code repairs) and (17) Reimbursement of actual direct canceled checks. canceled checks. eligible costs; in which case the LRO (v) Leasing, only for the program (14) Expenses incurred from must keep canceled checks and vendor period, of capital equipment associated accessibility improvements for the invoices for supplies/equipment with mass feeding or mass shelter (e.g., disabled are eligible for mass feeding or essential to the operation of the mass stoves, freezers, or vans with costs over mass shelter facilities up to a limit of feeding programs (e.g., food, paper $300 per item) only if the Local Board $2,500. products, cleaning products, pots and approves in advance. Documentation (i) These improvements may include pans, etc.). Documentation required: required: written Local Board approval, those required by the Americans with receipts/invoices from vendor relating copy of lease agreement, and canceled Disabilities Act of 1990. A building code to operation of facility and canceled checks. citation is not necessary for accessibility checks. (vi) With prior Local Board approval, improvements. Note: All social service (18) Per meal allowance of $1.50 per minor emergency repair of small providers are mandated to comply with meal served only if: equipment essential to mass feeding or the Americans with Disabilities Act of (i) Approved in advance by the Local sheltering not exceeding $300 in repair 1990. Documentation required: copy of Board; and, costs per item. Equipment eligible for contract describing work to be done (ii) LRO’s total mass feeding award is repairs are any that if not repaired including cost, letter from Local Board expended in this manner. would force the LRO to terminate or indicating approval and amount The $1.50 per meal allowance, if curtail services (e.g., stove, refrigerator, approved, and canceled checks. elected, may be expended by the LRO and hot water heater). Routine (ii) For mass shelter providers, there for any related cost; it is not limited to maintenance and service contracts are are two options for eligible costs. One otherwise eligible items. The per-meal not eligible expenses. Documentation option must be selected at the beginning allowance does not include the required: receipts or bills for equipment of the program year and continued additional costs associated with shelter. repair and canceled checks. throughout the entire year. Note the Documentation required: schedule (vii) Limited amounts of basic first-aid documentation requirements for each showing meal rate of $1.50 and number supplies (e.g., aspirin, band-aids, cough option. of meals served by date with totals. Supporting documentation must be syrup) for mass shelter providers and (15) Reimbursement of actual direct retained on-site, e.g., checks/invoices mass feeding sites only. Documentation eligible costs; in which case the LRO and service records. required: receipts/invoices for first-aid must keep and vendor invoices for (19) For all agencies, eligible costs supplies and canceled checks. supplies/equipment essential to the include the purchase of diapers for (3) Emergency repairs/building code operation of the mass shelter (e.g., cots, distribution to individuals/families. of a mass feeding facility or mass mattresses, soap, linens, blankets, Vouchers to grocery stores may include shelter, provided: cleaning supplies). Documentation diapers. Note: Local Boards should use (i) The facility is owned by a not-for- required: receipts/invoices from vendor discretion in selecting LROs to provide profit organization (profit-making relating to operation of facility and this service, taking into consideration facilities, leased facilities, government canceled checks. the cost effectiveness of bulk facilities, and individual residences are (16) Per diem allowance of exactly $5 not eligible); and, purchasing. Documentation required: per person or exactly $10 per person per receipts/invoices for diapers purchased (ii) The emergency repair/building night for mass shelter (five beds or and canceled checks. code plan and the contract detailing more) providers, only if: (c) For rent/mortgage assistance, work to be done and material and (i) Approved in advance by the Local eligible program costs include: equipment to be used or purchased is Board; and, (1) Limited emergency rent or approved by the Local Board before the (ii) LROs total mass shelter award is mortgage assistance for individuals or start of the emergency repair/building expended in this manner. Note: It is the families, provided that: code project; and decision of the Local Board to choose (i) Payment is in arrears or due within (iii) The emergency repair/building between the $5/$10 rate. This rate may 5 days; and, code is limited to: vary from agency to agency. (ii) All other resources have been (A) Bring facility into compliance (A) The $5/$10 per diem, if elected, exhausted; and, with local building codes; or, may be expended by the LRO for any (iii) The client is primary resident of (B) An emergency repair essential to cost related to the operation of the mass the home in which rent/mortgage is keep the facility open for the current shelter; it is not limited to otherwise being paid and responsible for the rent/ program phase. eligible items. The per diem allowance mortgage on the home or apartment (C) Maximum expenditure: $2,500. does not include the additional costs where the rent/mortgage assistance is to (D) No award funds are used for associated with food. Documentation be paid; decorative or non-essential purposes or required: schedule showing daily rate of (iv) Payment is limited to one month’s routine maintenance/repairs. $5 or $10 and number of persons cost for each individual or family. (E) All emergency repair work is sheltered by date with totals. Assistance can be provided for a full completed and paid for by the end of Supporting documentation must be month’s rent/mortgage all at one time, the jurisdiction’s award phase. retained on-site, e.g., checks, invoices or in separate payments over a period of (Expenses which occur after that date and service records. up to 90 consecutive days so long as the will not be accepted as eligible costs.) (B) For mass feeding programs, there total amount paid does not exceed one Documentation required: letter from are two options for eligible costs. The month’s costs; Local Board indicating approval and LRO must select one option at the (v) Assistance is provided only once amount approved, copy of contract beginning of the program year and in each award phase for each individual including cost or invoices for supplies continue it throughout the entire year. or family; and,

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(vi) Payment must guarantee an (B) metered utilities [e.g., electricity, (14) Rehabilitation for expansion of additional 30 days service. water], copy of past due utility bill service. Note: Late fees, legal fees, and deposits are showing one month’s charges including (15) Repairs of any kind to an ineligible. Payments for trailers and lots are due date and canceled checks. individual’s house or apartment. eligible and can be paid to a mortgage Note: Utility disconnects and termination (16) Purchase of supplies or company or to a private landlord. notices often do not show amount owed by equipment for an individual’s home or Documentation required: letters from month. Verify this information with the private use. landlords (must include amount of one utility company and write it on the notice or (17) Lease-purchase agreements. month’s rent and statement that rent is past meter utility verification form if not (18) Administrative cost due), mortgage letters and/or copy of loan included. coupon showing mortgage amount and date reimbursement to State or regional due and canceled checks. (d) For other shelter assistance, offices of governmental or voluntary (2) First month’s rent may be paid eligible program costs include: organizations. when an individual or family: (1) Off-site emergency lodging in a (19) Lobbying efforts. (i) Is transient and plans to stay in the hotel or motel, or other off-site shelter (20) Expenditures made prior to area for an extended period of time; or, facility provided: beginning of jurisdiction’s program. (ii) Is moving from a temporary (i) No appropriate on-site shelter is (21) Expenditures made after end of shelter to a more permanent living available; and, jurisdiction’s program. arrangement; or, (ii) It is limited to 30-days’ assistance (22) Gas or repairs for client-owned (iii) Is being evicted because one- per individual or family during the transportation. Repairs to LRO-owned month payment will not forestall program period. Note: Assistance may vehicles. eviction. be extended in extreme cases with prior (23) Prescription medication or The LRO cannot provide the first Local Board written approval. A copy of medical supplies. month’s rent in addition to emergency this approval should accompany LRO’s (24) Clothing (except underwear/ rent/mortgage payment under Item 20 documentation. Note: An LRO may not diapers for clients of mass shelters, if above, but can provide in addition to operate as a vendor for itself or other necessary). assistance provided for off-site and mass LROs, except for shared maintenance (25) Payments for expenses not shelter. Documentation required: letters fee for food banks. Documentation incurred (i.e., where no goods or from landlords [must include amount of required: receipts/invoices from off-site services have been provided during new first month’s rent] and canceled checks. shelter (hotel/motel) and canceled program period). checks. (d) For utility assistance, eligible (26) Emergency assistance for natural program costs include: (e) Ineligible Program Costs. disaster victims, e.g., supplies bought (1) Limited utility assistance (includes Purposes for which funds CANNOT for and in anticipation of a natural gas, coal, electricity, oil, water, BE USED include, but are not limited to: disaster. firewood) for individuals or families, (1) Cash payments of any kind (27) Telephone costs, except as provided that: including checks made out to cash or administrative allowance and limited to (i) Payment is in arrears; reimbursements to staff, volunteers or the total allowance (2 percent). (ii) All other resources have been clients for program purchases. (28) Salaries, except as administrative exhausted (e.g., State’s Low Income (2) Deposits of any kind. allowance and limited to the total Home Energy Assistance Program); (3) Payment of more than one month’s allowance (2 percent). (iii) Payment is limited to one rent amount. (29) Office equipment, except as month’s cost for each utility for each (4) Payment of more than one month’s administrative allowance and limited to individual or family; mortgage, first month’s mortgage, or the total allowance (2 percent). (iv) Month paid is part of the down payment on mortgage. (30) LRO may not operate as a vendor arrearage and from current phase or for (5) Transportation of people not continuous service; and, for itself or other LROs, except for related to the direct provision of food or shared maintenance fee for food banks. (v) Each utility can be paid only once shelter (e.g. to another agency, another in each award phase for any individual (31) Direct expenses associated with city, relative’s home, transportation to new or expanded services or to prevent or family. jobs, health care, etc.). (vi) Payment must guarantee an closing. (6) Payment of more than one month’s (32) Increased utility costs due to additional 30 days service. portion of an accumulated utility bill. (2) Other utility assistance. expansion of service. (7) Payments made directly to a client. (i) Reconnects are eligible. (33) Encumbrance of funds for shelter, (ii) Late fees and deposits are (8) Rental security; deposits; revolving emergency repairs, utilities, that is, ineligible. loan accounts. payments for goods or services that are (iii) Utility assistance can be provided (9) Real property (land or buildings) purchased and are to be delivered at a in addition to eligible rent/mortgage costing more than $300. later date. Also, withholding assistance assistance. (10) Property taxes of any kind. in anticipation of a future need (e.g., (iv) The National Board encourages (11) Equipment costing more than holiday events, special programs). the use of the metered utility $300 per item (e.g., vehicles, freezers, (34) Supplementing foster care costs, verification form (along with a copy of and washers). where an LRO has already received the past due utility bill) as the preferred (12) Emergency repairs/building code payment for basic boarding of a client. method for verifying eligible utility or rehabilitation to government-owned Comprehensive foster care costs beyond assistance. Documentation required: or profit-making facilities or leased food and shelter are not allowed. (A) nonmetered utilities [e.g., facilities. (35) No fee for service may be charged propane, firewood], receipts/invoices (13) Routine maintenance of agency to individuals or families in order to for fuel including due date and canceled facilities; routine maintenance or receive service. checks; service contracts on equipment. (f) Administrative allowance.

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(1) There is an administrative (d) Reports. (1) In addition to the the Local Board must inform the agency allowance limitation of two percent aforementioned documentation, LROs making the appeal of the right of referral (2%) of total funds received by the Local must submit reports to the Local Board to the National Board; Board, excluding any interest earned. by their due date. Interim report/second (c) Primary decision-maker. Except for This allowance is a part of the total and third check request forms will be cost and LRO eligibility, the Local Board award, not in addition to the award. The enclosed in the LROs’ first check is the primary decision-maker. Only local administrative allowance is package. When the LRO is ready to when there is significant question of intended for use by LROs or Local request its second/third check it must misapplication of guidelines, fraud, or Boards and not for reimbursement of the complete and sign the interim report other abuse on the part of the Local program or administrative costs that a and forward it to the Local Board for its Board will the National Board consider recipient’s parent organization (its State review and approval. The Local Board action. or regional offices) might incur as a chair should complete the reverse side (d) Common appeals practices. The result of this additional funding. (second/third check request) and mail it National Board does not mandate any (2) The Local Board may elect to use, to the National Board. LROs must particular appeals process. However, for its own administrative costs, all or complete all portions of the final report some Local Boards have developed any portion of the 2 percent allowance. form, return two copies to the Local processes that work well for them and The decision on distribution of the Board, including one copy of may offer some help to other allowance among LROs rests with the documentation if requested, and retain communities. Common practices Local Board. No LRO may receive an a copy for their records. include the following: allowance greater than 2 percent of that (2) The LRO must work with the Local (1) Set a time period of not more than LRO’s award amount unless the LRO is Board to clear up quickly any problems 30 days for agencies or organizations to providing the administrative support for related to compliance exception(s) at the appeal a funding decision; the Local Board and it is approved by end of the program. (2) Require written notice of appeal, signed by the Chief Volunteer Officer of the National Board. 7.0 Local Appeals Process (3) The SSA Committee, when in the organization making the appeal; operation, may use a maximum of one- (a) Fairness and openness. An appeals (3) The first level of appeal is usually half of one percent (0.5%) for its process is a statement to eligible to the Local Board, or to an executive administrative costs in allocating the agencies and to the community at large committee of the board; SSA grant. As with Local Board awards, that the Local Board is interested in (e) Appeals board; delegations. Some this administrative allowance is part of fairness and openness. boards appoint one or more members to the total award, not in addition to the (1) A good appeals process begins act as a liaison with the organization award. with prevention. If the Local Board making the appeal: (4) Any of the administrative includes both representatives of (1) In the case of an appeal for the allowance not used must be put back affiliates of the National Board and purpose of providing previously into program funds for additional representatives of other groups involved unavailable information or correction of services. Note: The administrative with assisting hungry and homeless erroneous information, the process allowance may only be allocated in people, it is less likely to experience an usually ends with prompt notification of whole-dollar amounts. appeal. Similarly, if the Local Board’s decision (within ten working days of Required Documentation: None with decision-making process is open, appeal). the final report; LROs receiving funds thorough, and even-handed, appeals are (2) In the case of appeals for the for administration must retain less likely. purpose of contesting alleged prejudice, documentation that the funds were (2) It is the responsibility of the Local violation of law or National Board spent on the direct administration of Board to establish a written appeals guidelines, fraud, or misuse of Federal EFSP. process. That process may be simple or funds, some Local Boards have allowed elaborate, depending on the needs of the appeals to a group other than the Local 6.6 Required Documentation community. Board itself. This practice is not (a) Documentation. LRO (b) Appeals guidelines. The appeal required but the National Board permits documentation of EFSP expenditures process should meet the following it. Such groups may simply be requires copies of canceled checks (both guidelines: composed of different individuals sides) and itemized vendor invoices. An (1) It should be available to agencies representing the same organizations that acceptable invoice has the following and to the public upon request; make up the Local Board. They may also characteristics: (2) It should be timely, without undue include an entirely different group of (1) It must be vendor originated; delay; persons who have knowledge of the (2) It must have name of vendor; (3) It should include the basis for program and the Local Board deems appeal (e.g., Provision of information them to be both responsible and (3) It must have name of purchaser; not previously available to the group unbiased, and to hold the trust of the (4) It must have date of purchase; making the appeal or to the Local Board; community at large. (5) It must be itemized; and, correction of erroneous information; (3) If the board chooses to delegate (6) It must have total cost of purchase. violation of Federal or National Board authority to any third party in an (b) Documentation may also include: guidelines; or allegation of bias, fraud, appeals process, the power and per diem schedule, per meal allowance or misuse of Federal funds on the part authority of that body should be clear. schedule, and mileage logs. of the Local Board may be cause for Is it simply advisory to the Local Board? (c) All LROs must periodically submit appeal); Will the board abide by the decisions of documentation to the National Board to (4) The decision should be this body as long as they are consistent ensure continued program compliance. communicated to the organization with the law and the National Board Any LRO receiving over $100,000 in making the appeal in a timely manner. guidelines? Federal funds must comply with OMB In the case of an appeal on the basis of (4) The disposition of appeals is often Circular A–133. fraud or other abuse of Federal funds, communicated by telephone to the chief

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Area© s avg.. no unemployed Area© s percent of the award = (less National Board© s administrative Avg. no. unemployed in all eligible areas costs and designated awards)

(3) Puerto Rico and U.S. territories Dated: April 21, 1999. jurisdictions were notified in October will receive a designated percentage of Kay C. Goss, 1998 about this award. the total award based on the decision of Associate Director, Preparedness, Training the National Board. and Exercise Directorate. 9.0 Amendments to Plan The following is a list of Phase XVII The National Board reserves the right (fiscal year 1999) allocations. These to amend this Plan at any time.

EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17

Alabama: 17±0006±01 Birmingham/Jefferson, Shelby Counties ...... $203,581 17±0030±00 Autauga County ...... 11,176 17±0032±00 Baldwin County ...... 33,494 17±0034±00 Barbour County ...... 11,225 17±0036±00 Bibb County ...... 9,612 17±0038±00 Blount County ...... 11,669 17±0040±00 Bullock County ...... 7,555 17±0042±00 Butler County ...... 15,949 17±0044±00 Calhoun County ...... 45,180 17±0046±00 Chambers County ...... 12,377 17±0048±00 Cherokee County ...... 6,880 17±0050±00 Chilton County ...... 13,809 17±0052±00 Choctaw County ...... 12,311 17±0054±00 Clarke County ...... 22,713 17±0060±00 Coffee County ...... 14,188 17±0062±00 Colbert County ...... 33,132 17±0064±00 Conecuh County ...... 10,221 17±0068±00 Covington County ...... 18,023 17±0070±00 Crenshaw County ...... 7,242 17±0072±00 Cullman County ...... 23,306 17±0074±00 Dale County ...... 16,722 17±0076±00 Dallas County ...... 32,803 17±0078±00 De Kalb County ...... 23,141 17±0080±00 Elmore County ...... 14,879 17±0082±00 Escambia County ...... 16,525 17±0084±00 Etowah County ...... 36,226 17±0086±00 Fayette County ...... 8,756

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±0088±00 Franklin County ...... 22,796 17±0090±00 Geneva County ...... 8,937 17±0092±00 Greene County ...... 8,279 17±0094±00 Hale County ...... 8,806 17±0098±00 Houston County ...... 27,042 17±0102±00 Jackson County ...... 28,458 17±0108±00 Lamar County ...... 10,748 17±0110±00 Lauderdale County ...... 44,801 17±0112±00 Lawrence County ...... 14,599 17±0114±00 Lee County ...... 32,112 17±0116±00 Limestone County ...... 18,418 17±0118±00 Lowndes County ...... 8,625 17±0120±00 Macon County ...... 10,797 17±0126±00 Marengo County ...... 15,784 17±0128±00 Marion County ...... 20,689 17±0130±00 Marshall County ...... 34,037 17±0132±00 Mobile County ...... 147,719 17±0136±00 Monroe County ...... 20,919 17±0138±00 Montgomery County ...... 69,852 17±0142±00 Morgan County ...... 37,444 17±0144±00 Perry County ...... 6,896 17±0146±00 Pickens County ...... 10,715 17±0148±00 Pike County ...... 12,163 17±0150±00 Randolph County ...... 6,814 17±0152±00 Russell County ...... 18,006 17±0154±00 St. Clair County ...... 15,044 17±0158±00 Sumter County ...... 9,908 17±0160±00 Talladega County ...... 32,852 17±0162±00 Tallapoosa County ...... 15,175 17±0164±00 Tuscaloosa County ...... 39,765 17±0168±00 Walker County ...... 32,869 17±0170±00 Washington County ...... 14,171 17±0172±00 Wilcox County ...... 8,740 17±0174±00 Winston County ...... 14,023 17±0176±00 State Set-Aside Committee, AL ...... 42,731

Alabama Total ...... 1,543,429 Alaska: 17±0190±00 Bethel Census Area ...... 8,114 17±0196±00 Fairbanks North Star Borough ...... 45,361 17±0200±00 Juneau Borough ...... 16,311 17±0202±00 Kenai Peninsula Borough ...... 41,263 17±0204±00 Ketchikan Gateway Borough ...... 10,567 17±0208±00 Kodiak Island Borough ...... 10,024 17±0210±00 Matanuska-Susitna Census ...... 39,929 17±0216±00 Prince of Wales-Outer Ketchikan ...... 7,028 17±0224±00 Valdez-Cordova Census Area ...... 8,542 17±0232±00 State Set-Aside Committee, AK ...... 87,530

Alaska Total ...... 274,669 Arizona: 17±0242±00 Apache County ...... 51,994 17±0244±00 Cochise County ...... 46,925 17±0246±00 Coconino County ...... 72,271 17±0248±00 Gila County ...... 22,401 17±0250±00 Graham County ...... 14,780 17±0254±00 La Paz County ...... 9,842 17±0256±00 Maricopa County ...... 609,723 17±0268±00 Mohave County ...... 44,209 17±0270±00 Navajo County ...... 69,901 17±0272±00 Pima County ...... 179,321 17±0276±00 Pinal County ...... 40,818 17±0278±00 Santa Cruz County ...... 42,711 17±0280±00 Yavapai County ...... 38,547 17±0282±00 Yuma County ...... 289,826 17±0284±00 State Set-Aside Committee, AZ ...... 2,944

Arizona Total ...... 1,536,213 Arkansas: 17±0304±00 Arkansas County ...... 9,842 17±0306±00 Ashley County ...... 14,862 17±0308±00 Baxter County ...... 11,258 17±0312±00 Boone County ...... 15,175 17±0314±00 Bradley County ...... 9,102

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±0318±00 Carroll County ...... 10,534 17±0320±00 Chicot County ...... 8,625 17±0322±00 Clark County ...... 6,946 17±0324±00 Clay County ...... 8,312 17±0326±00 Cleburne County ...... 7,209 17±0330±00 Columbia County ...... 13,101 17±0332±00 Conway County ...... 8,937 17±0334±00 Craighead County ...... 28,112 17±0336±00 Crawford County ...... 18,286 17±0338±00 Crittenden County ...... 17,315 17±0340±00 Cross County ...... 9,151 17±0344±00 Desha County ...... 9,892 17±0346±00 Drew County ...... 14,731 17±0348±00 Faulkner County ...... 35,189 17±0354±00 Garland County ...... 27,635 17±0358±00 Greene County ...... 15,965 17±0360±00 Hempstead County ...... 13,628 17±0362±00 Hot Spring County ...... 12,064 17±0366±00 Independence County ...... 16,574 17±0370±00 Jackson County ...... 13,332 17±0372±00 Jefferson County ...... 46,711 17±0376±00 Johnson County ...... 6,649 17±0380±00 Lawrence County ...... 9,612 17±0382±00 Lee County ...... 7,160 17±0388±00 Logan County ...... 8,065 17±0390±00 Lonoke County ...... 13,513 17±0396±00 Miller County ...... 12,805 17±0398±00 Mississippi County ...... 44,456 17±0408±00 Ouachita County ...... 18,977 17±0412±00 Phillips County ...... 13,990 17±0416±00 Poinsett County ...... 12,871 17±0420±00 Pope County ...... 23,388 17±0424±00 Pulaski County ...... 122,142 17±0430±00 Randolph County ...... 13,431 17±0432±00 St. Francis County ...... 18,171 17±0440±00 Sebastian County ...... 40,407 17±0446±00 Sharp County ...... 6,699 17±0450±00 Union County ...... 22,039 17±0452±00 Van Buren County ...... 8,608 17±0454±00 Washington County ...... 42,036 17±0456±00 White County ...... 28,293 17±0460±00 Yell County ...... 7,127 17±0462±00 State Set-Aside Committee, AR ...... 91,608

Arkansas Total ...... 974,535 California: 17±0634±00 Alameda County ...... 283,885 17±0646±00 Oakland City ...... 201,129 17±0652±00 Amador County ...... 12,706 17±0654±00 Butte County ...... 120,579 17±0656±00 Calaveras County ...... 21,249 17±0658±00 Colusa County ...... 30,383 17±0660±00 Contra Costa County ...... 306,351 17±0668±00 Del Norte County ...... 17,348 17±0464±00 Fresno City/County ...... 867,899 17±0676±00 Glenn County ...... 24,096 17±0678±00 Humboldt County ...... 74,098 17±0680±00 Imperial County ...... 242,605 17±0682±00 Inyo County ...... 9,233 17±0684±00 Kern County ...... 564,922 17±0688±00 Kings County ...... 97,519 17±0690±00 Lake County ...... 38,810 17±0692±00 Lassen County ...... 17,907 17±0695±00 Los Angeles City/County ...... 4,827,667 17±0760±00 Madera County ...... 113,419 17±0766±00 Mariposa County ...... 9,036 17±0768±00 Mendocino County ...... 55,895 17±0770±00 Merced County ...... 214,411 17±0772±00 Modoc County ...... 7,670 17±0774±00 Mono County ...... 9,497 17±0776±00 Monterey County ...... 332,109 17±0784±00 Nevada County ...... 40,226 17±0786±00 Orange County ...... 699,342 17±0818±00 Plumas County ...... 16,870

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±0820±00 Riverside County ...... 757,755 17±0824±00 Sacramento County ...... 487,565 17±0828±00 San Benito County ...... 47,204 17±0830±00 San Bernardino County ...... 706,140 17±0840±00 San Diego County ...... 808,235 17±0858±00 San Francisco City/County ...... 266,339 17±0860±00 San Joaquin County ...... 435,126 17±0864±00 San Luis Obispo County ...... 78,608 17±0866±00 San Mateo County ...... 160,870 17±0876±00 Santa Barbara County ...... 151,225 17±0880±00 Santa Clara County ...... 454,729 17±0892±00 Santa Cruz County ...... 176,539 17±0896±00 Shasta County ...... 111,707 17±0900±00 Siskiyou County ...... 37,691 17±0902±00 Solano County ...... 179,189 17±0912±00 Stanislaus County ...... 418,750 17±0916±00 Sutter County ...... 91,759 17±0918±00 Tehama County ...... 35,848 17±0920±00 Trinity County ...... 11,669 17±0922±00 Tulare County ...... 413,598 17±0926±00 Tuolumne County ...... 27,536 17±0928±00 Ventura County ...... 384,317 17±0938±00 Yolo County ...... 82,213 17±0940±00 Yuba County ...... 47,303 17±0942±00 State Set-Aside Committee, CA ...... 209,754

California Total ...... 15,838,530 Colorado: 17±0968±00 Adams County ...... 86,426 17±0978±00 Alamosa County ...... 7,489 17±0990±00 Boulder County ...... 74,411 17±1010±00 Delta County ...... 8,295 17±1012±00 Denver City/County ...... 160,821 17±1026±00 Fremont County ...... 10,122 17±1056±00 La Plata County ...... 17,414 17±1058±00 Larimer County ...... 67,416 17±1066±00 Logan County ...... 7,044 17±1068±00 Mesa County ...... 39,205 17±1074±00 Montezuma County ...... 11,472 17±1076±00 Montrose County ...... 14,681 17±1078±00 Morgan County ...... 6,814 17±1080±00 Otero County ...... 7,012 17±1092±00 Pueblo County ...... 57,771 17±1116±00 Weld County ...... 49,196 17±1122±00 State Set-Aside Committee, CO ...... 270,384

Colorado Total ...... 895,973 Connecticut: 17±1422±01 Fairfield Census/Bridgeport ...... 124,613 17±1422±02 Fairfield Census/Danbury ...... 37,926 17±1422±03 Fairfield Census/Norwalk ...... 46,053 17±1422±04 Fairfield Census/Stamford ...... 62,306 17±1438±00 Hartford Census County ...... 324,226 17±1458±00 New Haven Census County ...... 314,663 17±1472±00 New London Census County ...... 109,255 17±1478±00 State Set-Aside Committee, CT ...... 135,176

Connecticut Total ...... 1,154,218 Delaware: 17±1480±00 Kent County ...... 46,167 17±1482±00 New Castle County ...... 146,222 17±1488±00 State Set-Aside Committee, DE ...... 21,691

Delaware Total ...... 214,080 District of Columbia: 17±1492±00 District of Columbia ...... 358,510

District of Columbia Total ...... 358,510 Florida: 17±1556±00 Alachua County ...... 46,925 17±1562±00 Bay County ...... 73,341 17±1566±00 Brevard County ...... 149,727 17±1570±00 Broward County ...... 612,027 17±1586±00 Citrus County ...... 35,091 17±1592±00 Columbia County ...... 18,878

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±1594±00 Dade County ...... 1,195,433 17±1604±00 De Soto County ...... 11,077 17±1608±00 Duval County ...... 229,735 17±1612±00 Escambia County ...... 83,085 17±1620±00 Gadsden County ...... 15,192 17±1626±00 Gulf County ...... 9,003 17±1630±00 Hardee County ...... 20,146 17±1632±00 Hendry County ...... 35,453 17±1636±00 Highlands County ...... 37,839 17±1638±00 Hillsborough County ...... 271,968 17±1644±00 Indian River County ...... 60,388 17±1646±00 Jackson County ...... 16,640 17±1654±00 Lee County ...... 93,602 17±1656±00 Leon County ...... 61,112 17±1660±00 Levy County ...... 9,349 17±1666±00 Manatee County ...... 55,286 17±1668±00 Marion County ...... 69,408 17±1670±00 Martin County ...... 48,883 17±1674±00 Nassau County ...... 15,718 17±1678±00 Okeechobee County ...... 22,269 17±1680±00 Orange County ...... 249,321 17±1684±00 Osceola County ...... 45,789 17±1686±00 Palm Beach County ...... 493,901 17±1694±00 Pinellas County ...... 257,846 17±1702±00 Polk County ...... 196,866 17±1706±00 Putnam County ...... 26,483 17±1710±00 St Lucie County ...... 130,306 17±1712±00 Santa Rosa County ...... 32,128 17±1714±00 Sarasota County ...... 64,091 17±1718±00 Seminole County ...... 102,934 17±1720±00 Sumter County ...... 9,316 17±1722±00 Suwannee County ...... 9,513 17±1724±00 Taylor County ...... 9,991 17±1728±00 Volusia County ...... 109,156 17±1734±00 Walton County ...... 10,830 17±1736±00 Washington County ...... 7,802 17±1738±00 State Set-Aside Committee, FL ...... 247,589

Florida Total ...... 5,301,437 Georgia: 17±1741±00 Atlanta and College Park/Clayton, Dekalb, Fulton Counties ...... 572,904 17±1742±00 Macon/Bibb, Jones Counties ...... 75,069 17±1772±00 Appling County ...... 12,657 17±1776±00 Bacon County ...... 6,600 17±1780±00 Baldwin County ...... 13,463 17±1784±00 Barrow County ...... 12,229 17±1788±00 Ben Hill County ...... 8,509 17±1800±00 Brooks County ...... 6,798 17±1804±00 Bulloch County ...... 14,797 17±1806±00 Burke County ...... 19,800 17±1816±00 Carroll County ...... 33,132 17±1818±00 Catoosa County ...... 15,784 17±1822±00 Chatham County ...... 80,616 17±1828±00 Chattooga County ...... 8,822 17±1832±00 Clarke County ...... 24,639 17±1840±00 Cobb County ...... 149,250 17±1842±00 Coffee County ...... 17,825 17±1844±00 Colquitt County ...... 14,352 17±1854±00 Crisp County ...... 10,600 17±1860±00 Decatur County ...... 9,513 17±1866±00 Dodge County ...... 9,349 17±1870±00 Dougherty County ...... 57,656 17±1880±00 Effingham County ...... 8,394 17±1882±00 Elbert County ...... 12,213 17±1884±00 Emanuel County ...... 12,361 17±1888±00 Fannin County ...... 9,727 17±1892±00 Floyd County ...... 32,885 17±1896±00 Franklin County ...... 6,649 17±1902±00 Gilmer County ...... 8,476 17±1906±00 Glynn County ...... 18,977 17±1910±00 Grady County ...... 11,620 17±1920±00 Hancock County ...... 6,781 17±1922±00 Haralson County ...... 10,073 17±1926±00 Hart County ...... 7,044

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±1932±00 Houston County ...... 31,107 17±1936±00 Jackson County ...... 13,184 17±1940±00 Jeff Davis County ...... 6,649 17±1942±00 Jefferson County ...... 14,698 17±1956±00 Laurens County ...... 22,236 17±1958±00 Lee County ...... 8,476 17±1960±00 Liberty County ...... 19,899 17±1966±00 Lowndes County ...... 25,775 17±1970±00 McDuffie County ...... 13,118 17±1974±00 Macon County ...... 10,237 17±1976±00 Madison County ...... 7,275 17±1980±00 Meriwether County ...... 7,933 17±1984±00 Mitchell County ...... 15,718 17±1986±00 Monroe County ...... 8,904 17±1994±00 Muskogee County ...... 68,453 17±1998±00 Newton County ...... 20,261 17±2006±00 Peach County ...... 11,357 17±2014±00 Polk County ...... 14,978 17±2026±00 Richmond County ...... 93,899 17±2032±00 Screven County ...... 9,447 17±2036±00 Spalding County ...... 22,302 17±2038±00 Stephens County ...... 10,896 17±2042±00 Sumter County ...... 23,075 17±2052±00 Telfair County ...... 7,225 17±2054±00 Terrell County ...... 8,625 17±2056±00 Thomas County ...... 14,632 17±2058±00 Tift County ...... 17,595 17±2060±00 Toombs County ...... 17,891 17±2066±00 Troup County ...... 24,047 17±2068±00 Turner County ...... 8,575 17±2074±00 Upson County ...... 7,719 17±2076±00 Walker County ...... 24,935 17±2078±00 Walton County ...... 14,319 17±2080±00 Ware County ...... 12,245 17±2084±00 Washington County ...... 15,850 17±2086±00 Wayne County ...... 13,036 17±2102±00 Worth County ...... 10,024 17±2104±00 State Set-Aside Committee, GA ...... 379,998

Georgia Total ...... 2,376,157 Hawaii: 17±2106±00 Honolulu City/County ...... 350,840 17±2108±00 Hawaii County ...... 107,115 17±2112±00 Kauai County ...... 46,957 17±2114±00 Maui County ...... 76,337

Hawaii Total ...... 581,249 Idaho: 17±2134±00 Bannock County ...... 33,938 17±2138±00 Benewah County ...... 7,439 17±2140±00 Bingham County ...... 18,401 17±2146±00 Bonner County ...... 22,285 17±2156±00 Canyon County ...... 52,224 17±2160±00 Cassia County ...... 11,406 17±2164±00 Clearwater County ...... 8,526 17±2168±00 Elmore County ...... 9,102 17±2174±00 Gem County ...... 7,127 17±2178±00 Idaho County ...... 10,929 17±2180±00 Jefferson County ...... 6,995 17±2182±00 Jerome County ...... 7,110 17±2184±00 Kootenai County ...... 71,580 17±2186±00 Latah County ...... 8,460 17±2196±00 Minidoka County ...... 14,007 17±2198±00 Nez Perce County ...... 13,924 17±2204±00 Payette County ...... 12,739 17±2208±00 Shoshone County ...... 11,604 17±2212±00 Twin Falls County ...... 25,692 17±2218±00 State Set-Aside Committee, ID ...... 99,675

Idaho Total ...... 453,163 Illinois: 17±2342±00 Adams County ...... 22,582 17±2346±00 Bond County ...... 7,275 17±2356±00 Carroll County ...... 7,834

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±2360±00 Champaign County ...... 43,797 17±2364±00 Christian County ...... 15,998 17±2366±00 Clark County ...... 7,571 17±2368±00 Clay County ...... 7,719 17±2372±00 Coles County ...... 17,200 17±2374±00 Cook County ...... 842,174 17±2378±00 Chicago City ...... 1,243,838 17±2398±00 Crawford County ...... 12,015 17±2402±00 DeKalb County ...... 26,038 17±2414±00 Edgar County ...... 7,407 17±2420±00 Fayette County ...... 11,439 17±2424±00 Franklin County ...... 29,659 17±2426±00 Fulton County ...... 16,558 17±2430±00 Greene County ...... 6,814 17±2432±00 Grundy County ...... 20,179 17±2436±00 Hancock County ...... 8,197 17±2446±00 Jackson County ...... 22,253 17±2448±00 Jasper County ...... 7,769 17±2450±00 Jefferson County ...... 21,512 17±2458±00 Kane County ...... 138,848 17±2464±00 Kankakee County ...... 48,225 17±2468±00 Knox County ...... 20,722 17±2470±00 Lake County ...... 187,386 17±2474±00 La Salle County ...... 59,960 17±2476±00 Lawrence County ...... 9,283 17±2484±00 McDonough County ...... 7,258 17±2488±00 McLean County ...... 34,975 17±2490±00 Macon County ...... 60,273 17±2494±00 Macoupin County ...... 20,738 17±2496±00 Madison County ...... 101,535 17±2498±00 Marion County ...... 26,005 17±2502±00 Mason County ...... 9,135 17±2512±00 Montgomery County ...... 18,944 17±2520±00 Peoria County ...... 66,231 17±2524±00 Perry County ...... 13,595 17±2528±00 Pike County ...... 7,983 17±2536±00 Randolph County ...... 14,731 17±2538±00 Richland County ...... 8,345 17±2540±00 Rock Island County ...... 48,406 17±2542±00 St. Clair County ...... 114,719 17±2546±00 Saline County ...... 14,797 17±2548±00 Sangamon County ...... 68,716 17±2560±00 Stephenson County ...... 21,495 17±2562±00 Tazewell County ...... 44,291 17±2564±00 Union County ...... 10,040 17±2566±00 Vermilion County ...... 44,966 17±2568±00 Wabash County ...... 7,933 17±2574±00 Wayne County ...... 8,674 17±2576±00 White County ...... 9,349 17±2580±00 Will County ...... 162,812 17±2586±00 Williamson County ...... 37,526 17±2588±00 Winnebago County ...... 107,296 17±2594±00 State Set-Aside Committee, IL ...... 351,332

Illinois Total ...... 4,312,352 Indiana: 17±2640±00 Clark County ...... 26,812 17±2642±00 Clay County ...... 9,777 17±2648±00 Daviess County ...... 7,275 17±2656±00 Delaware County ...... 41,789 17±2662±00 Elkhart County ...... 46,398 17±2668±00 Floyd County ...... 17,068 17±2678±00 Grant County ...... 22,615 17±2680±00 Greene County ...... 16,426 17±2690±00 Henry County ...... 18,566 17±2692±00 Howard County ...... 22,960 17±2708±00 Knox County ...... 12,986 17±2714±00 Lake County ...... 95,660 17±2716±00 Gary City ...... 67,712 17±2720±00 La Porte County ...... 31,437 17±2724±00 Madison County ...... 39,288 17±2728±00 Marion County ...... 228,484 17±2738±00 Monroe County ...... 25,215 17±2752±00 Orange County ...... 9,941

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±2754±00 Owen County ...... 7,472 17±2758±00 Perry County ...... 9,349 17±2770±00 Randolph County ...... 14,978 17±2776±00 St. Joseph County ...... 70,181 17±2780±00 Scott County ...... 8,279 17±2786±00 Starke County ...... 9,003 17±2790±00 Sullivan County ...... 10,336 17±2794±00 Tippecanoe County ...... 27,898 17±2800±00 Vanderburgh County ...... 57,508 17±2804±00 Vermillion County ...... 8,806 17±2806±00 Vigo County ...... 46,645 17±2816±00 Washington County ...... 10,188 17±2818±00 Wayne County ...... 23,355 17±2826±00 State Set-Aside Committee, IN ...... 345,559

Indiana Total ...... 1,389,966 Iowa: 17±2858±00 Blackhawk County ...... 37,872 17±2890±00 Clayton County ...... 8,048 17±2892±00 Clinton County ...... 13,595 17±2902±00 Delaware County ...... 6,863 17±2904±00 Des Moines County ...... 12,739 17±2946±00 Jackson County ...... 7,357 17±2952±00 Johnson County ...... 23,701 17±2962±00 Lee County ...... 14,040 17±3006±00 Polk County ...... 76,765 17±3010±00 Pottawattamie County ...... 22,154 17±3020±00 Scott County ...... 37,131 17±3028±00 Story County ...... 18,385 17±3038±00 Wapello County ...... 12,262 17±3046±00 Webster County ...... 10,221 17±3050±00 Winneshiek County ...... 7,110 17±3052±00 Woodbury County ...... 26,548 17±3060±00 State Set-Aside Committee, IA ...... 202,246

Iowa Total ...... 537,037 Kansas: 17±3061±00 Manhattan/Pottawatamie, Riley Counties ...... 25,725 17±3084±00 Atchison County ...... 7,900 17±3088±00 Barton County ...... 7,834 17±3100±00 Cherokee County ...... 9,941 17±3116±00 Crawford County ...... 14,007 17±3124±00 Douglas County ...... 35,551 17±3132±00 Ellis County ...... 6,962 17±3140±00 Franklin County ...... 10,205 17±3142±00 Geary County ...... 11,587 17±3182±00 Labette County ...... 9,316 17±3194±00 Lyon County ...... 11,521 17±3208±00 Montgomery County ...... 14,204 17±3222±00 Osage County ...... 9,283 17±3238±00 Reno County ...... 19,290 17±3252±00 Saline County ...... 17,035 17±3256±00 Sedgwick County ...... 118,834 17±3262±00 Shawnee County ...... 66,511 17±3296±00 Wyandotte County ...... 89,109 17±3300±00 State Set-Aside Committee, KS ...... 176,536

Kansas Total ...... 661,351 Kentucky 17±3316±00 Adair County ...... 22,532 17±3318±00 Allen County ...... 8,065 17±3324±00 Barren County ...... 13,381 17±3328±00 Bell County ...... 11,521 17±3334±00 Boyd County ...... 25,001 17±3336±00 Boyle County ...... 7,390 17±3342±00 Breckinridge County ...... 7,324 17±3350±00 Calloway County ...... 14,698 17±3358±00 Carter County ...... 21,084 17±3360±00 Casey County ...... 9,233 17±3362±00 Christian County ...... 20,212 17±3364±00 Clark County ...... 10,122 17±3366±00 Clay County ...... 9,316 17±3374±00 Daviess County ...... 38,563 17±3384±00 Fayette County ...... 50,035

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±3386±00 Fleming County ...... 7,983 17±3388±00 Floyd County ...... 17,595 17±3390±00 Franklin County ...... 12,015 17±3398±00 Grant County ...... 7,933 17±3400±00 Graves County ...... 15,702 17±3402±00 Grayson County ...... 12,377 17±3404±00 Green County ...... 10,534 17±3406±00 Greenup County ...... 17,233 17±3410±00 Hardin County ...... 29,215 17±3412±00 Harlan County ...... 19,471 17±3416±00 Hart County ...... 6,880 17±3418±00 Henderson County ...... 22,104 17±3424±00 Hopkins County ...... 16,854 17±3428±00 Jefferson County ...... 236,516 17±3434±00 Johnson County ...... 10,468 17±3436±00 Kenton County ...... 44,225 17±3440±00 Knott County ...... 6,913 17±3442±00 Knox County ...... 12,245 17±3446±00 Laurel County ...... 20,343 17±3448±00 Lawrence County ...... 8,509 17±3454±00 Letcher County ...... 9,694 17±3456±00 Lewis County ...... 12,295 17±3462±00 Logan County ...... 9,069 17±3466±00 McCracken County ...... 24,886 17±3468±00 McCreary County ...... 8,756 17±3472±00 Madison County ...... 15,159 17±3474±00 Magoffin County ...... 10,517 17±3476±00 Marion County ...... 10,353 17±3478±00 Marshall County ...... 14,731 17±3484±00 Meade County ...... 7,176 17±3494±00 Montgomery County ...... 8,625 17±3496±00 Morgan County ...... 7,110 17±3498±00 Muhlenberg County ...... 14,319 17±3500±00 Nelson County ...... 16,574 17±3504±00 Ohio County ...... 11,834 17±3514±00 Perry County ...... 12,509 17±3516±00 Pike County ...... 32,144 17±3520±00 Pulaski County ...... 23,125 17±3528±00 Russell County ...... 20,936 17±3538±00 Taylor County ...... 28,178 17±3546±00 Union County ...... 6,979 17±3548±00 Warren County ...... 37,181 17±3552±00 Wayne County ...... 11,818 17±3556±00 Whitley County ...... 13,826 17±3562±00 State Set-Aside Committee, KY ...... 168,141

Kentucky Total ...... 1,339,527 Louisiana 17±3564±00 Shreveport/Bossier, Caddo Parishes ...... 166,631 17±3574±00 Acadia Parish ...... 22,631 17±3576±00 Allen Parish ...... 9,925 17±3578±00 Ascension Parish ...... 27,091 17±3580±00 Assumption Parish ...... 8,262 17±3582±00 Avoyelles Parish ...... 19,800 17±3584±00 Beauregard Parish ...... 13,661 17±3586±00 Bienville Parish ...... 13,052 17±3598±00 Calcasieu Parish ...... 80,320 17±3606±00 Catahoula Parish ...... 7,522 17±3608±00 Claiborne Parish ...... 8,016 17±3610±00 Concordia Parish ...... 18,483 17±3612±00 De Soto Parish ...... 13,315 17±3614±00 East Baton Rouge Parish ...... 152,904 17±3618±00 East Carroll Parish ...... 7,209 17±3620±00 East Feliciana Parish ...... 7,423 17±3622±00 Evangeline Parish ...... 10,748 17±3624±00 Franklin Parish ...... 16,920 17±3626±00 Grant Parish ...... 8,690 17±3628±00 Iberia Parish ...... 32,177 17±3630±00 Iberville Parish ...... 14,978 17±3632±00 Jackson Parish ...... 6,649 17±3634±00 Jefferson Parish ...... 159,488 17±3638±00 Jefferson Davis Parish ...... 12,657 17±3640±00 Lafayette Parish ...... 62,297 17±3644±00 Lafourche Parish ...... 20,146

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±3648±00 Lincoln Parish ...... 9,020 17±3650±00 Livingston Parish ...... 36,638 17±3652±00 Madison Parish ...... 11,258 17±3654±00 Morehouse Parish ...... 23,174 17±3656±00 Natchitoches Parish ...... 18,862 17±3658±00 New Orleans City/Orleans Parish ...... 201,738 17±3660±00 Ouachita Parish ...... 64,700 17±3664±00 Plaquemines Parish ...... 7,933 17±3666±00 Pointe Coupee Parish ...... 12,245 17±3668±00 Rapides Parish ...... 53,525 17±3672±00 Red River Parish ...... 11,324 17±3674±00 Richland Parish ...... 13,793 17±3676±00 Sabine Parish ...... 10,748 17±3678±00 St Bernard Parish ...... 27,454 17±3680±00 St Charles Parish ...... 15,652 17±3684±00 St James Parish ...... 9,958 17±3686±00 St John Baptist Parish ...... 18,813 17±3688±00 St Landry Parish ...... 40,143 17±3690±00 St Martin Parish ...... 27,190 17±3692±00 St Mary Parish ...... 23,964 17±3694±00 St Tammany Parish ...... 55,022 17±3696±00 Tangipahoa Parish ...... 53,541 17±3700±00 Terrebonne Parish ...... 25,709 17±3702±00 Union Parish ...... 10,814 17±3704±00 Vermilion Parish ...... 23,487 17±3706±00 Vernon Parish ...... 17,167 17±3708±00 Washington Parish ...... 20,491 17±3710±00 Webster Parish ...... 27,190 17±3712±00 West Baton Rouge Parish ...... 8,180 17±3714±00 West Carroll Parish ...... 13,233 17±3720±00 State Set-Aside Committee, LA ...... 16,900

Lousiana Total ...... 1,830,861 Maine: 17±3726±00 Androscoggin County ...... 49,657 17±3728±00 Aroostook County ...... 49,081 17±3730±00 Cumberland County ...... 62,297 17±3734±00 Franklin County ...... 17,052 17±3738±00 Kennebec County ...... 54,101 17±3740±00 Knox County ...... 12,953 17±3744±00 Oxford County ...... 27,042 17±3746±00 Penobscot County ...... 62,495 17±3748±00 Piscataquis County ...... 9,908 17±3752±00 Somerset County ...... 34,778 17±3754±00 Waldo County ...... 18,895 17±3756±00 Washington County ...... 27,750 17±3760±00 State Set-Aside Committee, ME ...... 49,831

Maine Total ...... 475,840 Maryland: 17±3774±00 Allegany County ...... 49,937 17±3776±00 Anne Arundel County ...... 155,834 17±3778±00 Baltimore County ...... 320,029 17±3782±00 Caroline County ...... 12,147 17±3786±00 Cecil County ...... 48,208 17±3790±00 Dorchester County ...... 27,207 17±3794±00 Garrett County ...... 30,894 17±3800±00 Kent County ...... 11,604 17±3806±00 Prince Georges County ...... 354,592 17±3812±00 Somerset County ...... 18,878 17±3816±00 Washington County ...... 53,574 17±3818±00 Wicomico County ...... 45,147 17±3820±00 Worcester County ...... 44,505 17±3822±00 Baltimore City ...... 483,203 17±3824±00 State Set-Aside Committee, MD ...... 298,670

Maryland Total ...... 1,954,429 Massachusetts: 17±4476±00 Barnstable County ...... 93,339 17±4482±00 Bristol County ...... 246,424 17±4490±00 Essex County ...... 232,269 17±4502±00 Hampden County ...... 159,619 17±4510±00 Middlesex County ...... 364,945 17±4540±00 Plymouth County ...... 160,278

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±4550±00 Suffolk County ...... 220,616 17±4554±00 Worcester County ...... 224,007 17±4558±00 State Set-Aside Committee, MA ...... 149,436

Massachusetts Total ...... 1,850,933 Michigan: 17±4561±00 Holland/Allegan, Ottawa Counties ...... 82,970 17±4560±00 Lansing/Eaton, Ingham Counties ...... 108,086 17±4638±00 Alpena County ...... 19,339 17±4640±00 Antrim County ...... 9,530 17±4642±00 Arenac County ...... 9,118 17±4648±00 Bay County ...... 42,464 17±4650±00 Benzie County ...... 7,703 17±4652±00 Berrien County ...... 64,190 17±4654±00 Branch County ...... 12,673 17±4656±00 Calhoun County ...... 47,139 17±4660±00 Cass County ...... 18,451 17±4664±00 Cheboygan County ...... 21,166 17±4666±00 Chippewa County ...... 24,030 17±4668±00 Clare County ...... 12,854 17±4674±00 Delta County ...... 21,281 17±4682±00 Emmet County ...... 21,561 17±4684±00 Genesee County ...... 177,971 17±4688±00 Gladwin County ...... 11,719 17±4690±00 Gogebic County ...... 11,752 17±4694±00 Gratiot County ...... 17,068 17±4696±00 Hillsdale County ...... 13,694 17±4698±00 Houghton County ...... 15,636 17±4700±00 Huron County ...... 12,641 17±4710±00 Iosco County ...... 14,780 17±4714±00 Isabella County ...... 16,294 17±4716±00 Jackson County ...... 51,451 17±4718±00 Kalamazoo County ...... 59,631 17±4722±00 Kalkaska County ...... 8,180 17±4724±00 Kent County ...... 156,163 17±4744±00 Mackinac County ...... 11,818 17±4758±00 Manistee County ...... 12,394 17±4760±00 Marquette County ...... 29,577 17±4762±00 Mason County ...... 15,373 17±4764±00 Mecosta County ...... 12,048 17±4766±00 Menominee County ...... 12,459 17±4774±00 Montcalm County ...... 23,981 17±4776±00 Montmorency County ...... 6,732 17±4778±00 Muskegon County ...... 62,577 17±4780±00 Newaygo County ...... 24,754 17±4782±00 Oakland County ...... 285,481 17±4796±00 Oceana County ...... 16,772 17±4798±00 Ogemaw County ...... 10,501 17±4802±00 Osceola County ...... 11,357 17±4810±00 Presque Isle County ...... 11,291 17±4812±00 Roscommon County ...... 10,402 17±4814±00 Saginaw County ...... 73,654 17±4818±00 St. Clair County ...... 61,886 17±4822±00 Sanilac County ...... 18,895 17±4824±00 Schoolcraft County ...... 6,847 17±4828±00 Tuscola County ...... 22,631 17±4830±00 Van Buren County ...... 28,474 17±4832±00 Washtenaw County ...... 53,195 17±4836±00 Wayne County ...... 215,284 17±4844±00 Detroit City ...... 478,512 17±4854±00 Wexford County ...... 20,656 17±4856±00 State Set-Aside Committee, MI ...... 321,698

Michigan Total ...... 2,948,784 Minnesota: 17±4856±05 Mankato/Blue Earth, Nicollette Counties ...... 18,599 17±4857±00 St. Cloud City/Benton, Sherburne, Stearns Counties ...... 67,992 17±4898±00 Aitkin County ...... 7,917 17±4902±00 Becker County ...... 13,974 17±4904±00 Beltrami County ...... 16,788 17±4914±00 Carlton County ...... 13,595 17±4918±00 Cass County ...... 12,361 17±4924±00 Clay County ...... 11,949 17±4926±00 Clearwater County ...... 7,555

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±4932±00 Crow Wing County ...... 22,664 17±4938±00 Douglas County ...... 9,201 17±4950±00 Hennepin County ...... 231,249 17±4964±00 Hubbard County ...... 7,571 17±4968±00 Itasca County ...... 24,376 17±4972±00 Kanabec County ...... 7,522 17±4974±00 Kandiyohi County ...... 10,846 17±4978±00 Koochiching County ...... 7,752 17±4990±00 Lyon County ...... 7,127 17±4996±00 Marshall County ...... 7,176 17±5002±00 Mille Lacs County ...... 10,205 17±5004±00 Morrison County ...... 15,521 17±5012±00 Nobles County ...... 7,308 17±5020±00 Otter Tail County ...... 20,261 17±5024±00 Pine County ...... 12,509 17±5028±00 Polk County ...... 12,805 17±5032±00 Ramsey County ...... 109,880 17±5048±00 St. Louis County ...... 74,592 17±5066±00 Todd County ...... 9,398 17±5082±00 Winona County ...... 12,295 17±5088±00 State Set-Aside Committee, MN ...... 249,324

Minnesota Total ...... 1,040,312 Mississippi: 17±5089±00 Hattiesburg/Forrest, Lamar Counties ...... 26,762 17±5089±02 Jackson/Hinds, Madison, Rankin Counties ...... 126,240 17±5090±00 Adams County ...... 22,071 17±5092±00 Alcorn County ...... 18,467 17±5096±00 Attala County ...... 12,097 17±5100±00 Bolivar County ...... 26,087 17±5102±00 Calhoun County ...... 7,621 17±5106±00 Chickasaw County ...... 13,793 17±5112±00 Clarke County ...... 8,114 17±5114±00 Clay County ...... 16,525 17±5116±00 Coahoma County ...... 19,339 17±5118±00 Copiah County ...... 14,467 17±5120±00 Covington County ...... 7,670 17±5128±00 George County ...... 10,830 17±5130±00 Greene County ...... 6,617 17±5132±00 Grenada County ...... 11,291 17±5134±00 Hancock County ...... 10,484 17±5136±00 Harrison County ...... 53,936 17±5142±00 Holmes County ...... 13,875 17±5144±00 Humphreys County ...... 9,184 17±5148±00 Itawamba County ...... 10,188 17±5150±00 Jackson County ...... 48,389 17±5152±00 Jasper County ...... 6,798 17±5156±00 Jefferson Davis County ...... 7,143 17±5158±00 Jones County ...... 17,216 17±5166±00 Lauderdale County ...... 30,910 17±5170±00 Leake County ...... 8,164 17±5172±00 Lee County ...... 28,622 17±5174±00 Leflore County ...... 23,652 17±5176±00 Lincoln County ...... 12,608 17±5178±00 Lowndes County ...... 35,551 17±5182±00 Marion County ...... 10,155 17±5184±00 Marshall County ...... 13,628 17±5186±00 Monroe County ...... 29,939 17±5190±00 Neshoba County ...... 10,040 17±5194±00 Noxubee County ...... 7,407 17±5196±00 Oktibbeha County ...... 9,217 17±5198±00 Panola County ...... 19,504 17±5200±00 Pearl River County ...... 14,616 17±5204±00 Pike County ...... 13,595 17±5206±00 Pontotoc County ...... 8,575 17±5208±00 Prentiss County ...... 14,978 17±5214±00 Scott County ...... 10,468 17±5218±00 Simpson County ...... 11,999 17±5224±00 Sunflower County ...... 24,211 17±5226±00 Tallahatchie County ...... 10,484 17±5228±00 Tate County ...... 8,131 17±5230±00 Tippah County ...... 10,369 17±5232±00 Tishomingo County ...... 15,982 17±5236±00 Union County ...... 7,555

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±5238±00 Walthall County ...... 6,682 17±5240±00 Warren County ...... 22,088 17±5242±00 Washington County ...... 41,526 17±5244±00 Wayne County ...... 9,892 17±5250±00 Winston County ...... 12,344 17±5254±00 Yazoo County ...... 12,624 17±5256±00 State Set-Aside Committee, MS ...... 67,939

Mississippi Total ...... 1,088,659 Missouri: 17±5257±00 Joplin/Jasper, Newton Counties ...... 52,274 17±5258±00 Kansas City/Clay, Jackson, Platte Counties ...... 342,199 17±5278±00 Audrain County ...... 7,143 17±5280±00 Barry County ...... 12,278 17±5284±00 Bates County ...... 7,456 17±5290±00 Boone County ...... 20,590 17±5294±00 Buchanan County ...... 34,827 17±5298±00 Butler County ...... 15,932 17±5304±00 Camden County ...... 15,883 17±5306±00 Cape Girardeau County ...... 22,862 17±5332±00 Crawford County ...... 11,192 17±5344±00 Douglas County ...... 9,135 17±5346±00 Dunklin County ...... 16,327 17±5354±00 Greene County ...... 64,157 17±5362±00 Henry County ...... 7,505 17±5370±00 Howell County ...... 16,788 17±5384±00 Johnson County ...... 8,740 17±5388±00 Laclede County ...... 14,846 17±5390±00 Lafayette County ...... 10,583 17±5392±00 Lawrence County ...... 14,912 17±5396±00 Lincoln County ...... 13,579 17±5398±00 Linn County ...... 8,213 17±5402±00 McDonald County ...... 7,390 17±5404±00 Macon County ...... 6,699 17±5410±00 Marion County ...... 11,752 17±5414±00 Miller County ...... 12,262 17±5416±00 Mississippi County ...... 7,357 17±5422±00 Montgomery County ...... 6,913 17±5424±00 Morgan County ...... 7,818 17±5426±00 New Madrid County ...... 10,633 17±5438±00 Pemiscot County ...... 12,937 17±5442±00 Pettis County ...... 16,459 17±5444±00 Phelps County ...... 11,850 17±5446±00 Pike County ...... 6,699 17±5452±00 Polk County ...... 8,921 17±5454±00 Pulaski County ...... 10,649 17±5460±00 Randolph County ...... 9,365 17±5474±00 St. Francois County ...... 26,367 17±5476±00 St. Louis County ...... 291,258 17±5480±00 Saline County ...... 7,407 17±5486±00 Scott County ...... 17,200 17±5492±00 Stoddard County ...... 17,611 17±5494±00 Stone County ...... 26,005 17±5498±00 Taney County ...... 41,592 17±5500±00 Texas County ...... 13,068 17±5506±00 Washington County ...... 13,184 17±5510±00 Webster County ...... 8,954 17±5514±00 Wright County ...... 9,250 17±5516±00 St. Louis City ...... 199,977 17±5518±00 State Set-Aside Committee, MO ...... 231,963

Missouri Total ...... 1,778,961 Montana: 17±5530±00 Big Horn County ...... 7,407 17±5540±00 Cascade County ...... 32,967 17±5558±00 Flathead County ...... 46,694 17±5560±00 Gallatin County ...... 20,475 17±5564±00 Glacier County ...... 12,410 17±5570±00 Hill County ...... 8,378 17±5576±00 Lake County ...... 12,871 17±5578±00 Lewis and Clark County ...... 22,862 17±5582±00 Lincoln County ...... 15,290 17±5592±00 Missoula County ...... 37,839 17±5596±00 Park County ...... 9,102

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±5610±00 Ravalli County ...... 15,982 17±5618±00 Sanders County ...... 6,814 17±5622±00 Silver Bow County ...... 15,175 17±5640±00 Yellowstone County ...... 51,187 17±5644±00 State Set-Aside Committee, MT ...... 49,138

Montana Total ...... 364,591 Nebraska: 17±5686±00 Buffalo County ...... 8,987 17±5722±00 Douglas County ...... 94,458 17±5782±00 Lincoln County ...... 8,904 17±5828±00 Scotts Bluff County ...... 11,143 17±5858±00 State Set-Aside Committee, NE ...... 104,013

Nebraska Total ...... 227,505 Nevada: 17±5866±00 Churchill County ...... 9,003 17±5868±00 Clark County ...... 414,766 17±5886±00 Lyon County ...... 13,628 17±5904±00 Carson City ...... 22,499 17±5906±00 State Set-Aside Committee, NV ...... 91,905

Nevada Total ...... 551,801 New Hampshire: 17±5942±00 State Set-Aside Committee, NH ...... 165,008

New Hampshire Total ...... 165,008 New Jersey: 17±5948±00 Atlantic County ...... 167,190 17±5950±00 Bergen County ...... 297,332 17±5954±00 Camden County ...... 203,153 17±5960±00 Cape May County ...... 83,496 17±5962±00 Cumberland County ...... 97,207 17±5966±00 Essex County ...... 374,804 17±5978±00 Hudson County ...... 362,262 17±5988±00 Mercer County ...... 123,623 17±5994±00 Middlesex County ...... 272,215 17±6004±00 Monmouth County ...... 216,732 17±6012±00 Ocean County ...... 183,254 17±6018±00 Passaic County ...... 244,679 17±6034±00 Union County ...... 230,969 17±6042±00 State Set-Aside Committee, NJ ...... 312,067

New Jersey Total ...... 3,168,983 New Mexico: 17±6044±00 Bernalillo County ...... 210,478 17±6050±00 Chaves County ...... 33,445 17±6052±00 Cibola County ...... 18,056 17±6054±00 Colfax County ...... 6,929 17±6056±00 Curry County ...... 16,656 17±6060±00 Dona Ana County ...... 97,733 17±6064±00 Eddy County ...... 25,906 17±6066±00 Grant County ...... 14,286 17±6074±00 Lea County ...... 20,096 17±6076±00 Lincoln County ...... 6,830 17±6080±00 Luna County ...... 50,973 17±6082±00 McKinley County ...... 35,041 17±6086±00 Otero County ...... 23,075 17±6090±00 Rio Arriba County ...... 31,272 17±6094±00 Sandoval County ...... 31,058 17±6096±00 San Juan County ...... 74,263 17±6098±00 San Miguel County ...... 19,586 17±6100±00 Santa Fe County ...... 40,917 17±6106±00 Socorro County ...... 6,929 17±6108±00 Taos County ...... 30,531 17±6114±00 Valencia County ...... 24,919 17±6116±00 State Set-Aside Committee, NM ...... 19,013

New Mexico Total ...... 837,992 New York: 17±6120±00 Albany County ...... 88,302 17±6126±00 Allegany County ...... 30,778 17±6130±00 Broome County ...... 69,868 17±6136±00 Cattaraugus County ...... 50,825 17±6138±00 Cayuga County ...... 34,284

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±6140±00 Chautauqua County ...... 64,108 17±6142±00 Chemung County ...... 33,461 17±6144±00 Chenango County ...... 24,623 17±6146±00 Clinton County ...... 42,826 17±6150±00 Cortland County ...... 26,943 17±6152±00 Delaware County ...... 17,595 17±6154±00 Dutchess County ...... 74,181 17±6156±00 Erie County ...... 411,195 17±6168±00 Essex County ...... 25,758 17±6170±00 Franklin County ...... 31,157 17±6172±00 Fulton County ...... 31,157 17±6176±00 Greene County ...... 21,397 17±6180±00 Herkimer County ...... 33,280 17±6182±00 Jefferson County ...... 70,724 17±6186±00 Lewis County ...... 17,710 17±6192±00 Monroe County ...... 237,832 17±6200±00 Montgomery County ...... 25,544 17±6202±00 Nassau County ...... 387,988 17±6212±00 Niagara County ...... 120,447 17±6216±00 Oneida County ...... 88,352 17±6220±00 Onondaga County ...... 148,641 17±6228±00 Orange County ...... 102,622 17±6230±00 Orleans County ...... 21,808 17±6232±00 Oswego County ...... 61,573 17±6234±00 Otsego County ...... 27,898 17±6240±00 Rensselaer County ...... 59,894 17±6254±00 St. Lawrence County ...... 69,901 17±6258±00 Schenectady County ...... 54,496 17±6264±00 Schuyler County ...... 9,102 17±6268±00 Steuben County ...... 53,475 17±6270±00 Suffolk County ...... 487,071 17±6282±00 Sullivan County ...... 33,247 17±6286±00 Tompkins County ...... 26,055 17±6290±00 Warren County ...... 36,309 17±6296±00 Westchester County ...... 272,577 17±6308±00 Wyoming County ...... 25,133 17±6310±00 Yates County ...... 9,332 17±6314±00 New York City ...... 4,763,411 17±6312±00 State Set-Aside Committee, NY ...... 262,312

New York Total ...... 8,585,192 North Carolina: 17±6316±00 High Point City/Davidson, Guilford Counties ...... 167,388 17±6315±00 Kannapolis/Cabarrus, Rowan Counties ...... 59,005 17±6317±00 Rocky Mount/Edgecombe, Nash Counties ...... 82,673 17±6326±00 Anson County ...... 11,867 17±6328±00 Ashe County ...... 14,632 17±6332±00 Beaufort County ...... 26,680 17±6334±00 Bertie County ...... 8,016 17±6336±00 Bladen County ...... 17,743 17±6338±00 Brunswick County ...... 27,338 17±6340±00 Buncombe County ...... 44,028 17±6360±00 Cherokee County ...... 11,274 17±6368±00 Columbus County ...... 27,026 17±6370±00 Craven County ...... 26,696 17±6372±00 Cumberland County ...... 77,752 17±6378±00 Dare County ...... 16,294 17±6386±00 Duplin County ...... 17,891 17±6388±00 Durham County ...... 41,131 17±6394±00 Forsyth County ...... 68,222 17±6398±00 Franklin County ...... 10,155 17±6400±00 Gaston County ...... 59,516 17±6406±00 Graham County ...... 7,044 17±6408±00 Granville County ...... 9,793 17±6418±00 Halifax County ...... 34,054 17±6420±00 Harnett County ...... 20,442 17±6422±00 Haywood County ...... 21,676 17±6426±00 Hertford County ...... 6,830 17±6428±00 Hoke County ...... 8,575 17±6434±00 Jackson County ...... 11,637 17±6436±00 Johnston County ...... 22,894 17±6440±00 Lee County ...... 15,570 17±6442±00 Lenoir County ...... 25,874 17±6448±00 Macon County ...... 9,332

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±6452±00 Martin County ...... 16,015 17±6458±00 Mitchell County ...... 8,295 17±6460±00 Montgomery County ...... 9,810 17±6466±00 New Hanover County ...... 50,183 17±6468±00 Northampton County ...... 9,941 17±6470±00 Onslow County ...... 26,631 17±6472±00 Orange County ...... 14,435 17±6476±00 Pasquotank County ...... 11,620 17±6478±00 Pender County ...... 12,756 17±6482±00 Person County ...... 13,266 17±6484±00 Pitt County ...... 48,982 17±6490±00 Richmond County ...... 28,309 17±6492±00 Robeson County ...... 65,293 17±6494±00 Rockingham County ...... 41,510 17±6498±00 Rutherford County ...... 24,458 17±6500±00 Sampson County ...... 18,023 17±6502±00 Scotland County ...... 21,841 17±6510±00 Swain County ...... 13,743 17±6518±00 Vance County ...... 19,850 17±6520±00 Wake County ...... 88,961 17±6524±00 Warren County ...... 7,456 17±6526±00 Washington County ...... 7,110 17±6528±00 Watauga County ...... 7,538 17±6530±00 Wayne County ...... 34,580 17±6532±00 Wilkes County ...... 15,685 17±6534±00 Wilson County ...... 43,797 17±6536±00 Yadkin County ...... 8,789 17±6540±00 State Set-Aside Committee, NC ...... 304,499

North Carolina Total ...... 1,982,424 North Dakota: 17±6576±00 Cass County ...... 12,443 17±6596±00 Grand Forks County ...... 10,846 17±6642±00 Rolette County ...... 7,752 17±6664±00 Ward County ...... 9,991 17±6670±00 State Set-Aside Committee, ND ...... 108,968

North Dakota total ...... 150,000 Ohio: 17±6672±00 Columbus/Fairfield, Franklin Counties ...... 281,877 17±6678±00 Adams County ...... 20,524 17±6680±00 Allen County ...... 43,337 17±6684±00 Ashtabula County ...... 47,320 17±6686±00 Athens County ...... 21,249 17±6690±00 Belmont County ...... 31,058 17±6692±00 Brown County ...... 17,035 17±6694±00 Butler County ...... 98,342 17±6698±00 Carroll County ...... 11,126 17±6702±00 Clark County ...... 49,706 17±6708±00 Clinton County ...... 11,999 17±6710±00 Columbiana County ...... 47,007 17±6712±00 Coshocton County ...... 17,529 17±6714±00 Crawford County ...... 20,952 17±6716±00 Cuyahoga County ...... 516,746 17±6734±00 Erie County ...... 34,844 17±6740±00 Fayette County ...... 10,468 17±6748±00 Gallia County ...... 19,208 17±6752±00 Greene County ...... 39,880 17±6754±00 Guernsey County ...... 23,520 17±6756±00 Hamilton County ...... 254,571 17±6762±00 Hardin County ...... 10,814 17±6764±00 Harrison County ...... 6,979 17±6768±00 Highland County ...... 17,150 17±6770±00 Hocking County ...... 12,147 17±6772±00 Holmes County ...... 9,546 17±6774±00 Huron County ...... 40,078 17±6776±00 Jackson County ...... 18,549 17±6778±00 Jefferson County ...... 44,390 17±6780±00 Knox County ...... 18,500 17±6784±00 Lawrence County ...... 30,153 17±6786±00 Licking County ...... 44,752 17±6790±00 Lorain County ...... 123,163 17±6796±00 Lucas County ...... 201,919 17±6802±00 Mahoning County ...... 119,575

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±6806±00 Marion County ...... 26,334 17±6810±00 Meigs County ...... 15,389 17±6816±00 Monroe County ...... 9,447 17±6818±00 Montgomery County ...... 182,234 17±6824±00 Morgan County ...... 10,616 17±6826±00 Morrow County ...... 13,414 17±6828±00 Muskingum County ...... 47,780 17±6832±00 Ottawa County ...... 22,318 17±6836±00 Perry County ...... 16,229 17±6838±00 Pickaway County ...... 14,517 17±6840±00 Pike County ...... 18,056 17±6842±00 Portage County ...... 51,566 17±6848±00 Richland County ...... 58,824 17±6852±00 Ross County ...... 34,251 17±6854±00 Sandusky County ...... 32,622 17±6856±00 Scioto County ...... 56,504 17±6858±00 Seneca County ...... 29,824 17±6862±00 Stark County ...... 135,852 17±6866±00 Summit County ...... 193,821 17±6870±00 Trumbull County ...... 100,449 17±6880±00 Vinton County ...... 7,456 17±6884±00 Washington County ...... 32,029 17±6886±00 Wayne County ...... 35,815 17±6890±00 Wood County ...... 35,305 17±6894±00 State Set-Aside Committee, OH ...... 319,240

Ohio Total ...... 3,815,905 Oklahoma: 17±6896±00 Oklahoma City/Canadian, McLain, Oklahoma Counties ...... 197,689 17±6897±00 Tulsa/Osage, Tulsa Counties ...... 156,410 17±6902±00 Adair County ...... 8,197 17±6914±00 Bryan County ...... 6,781 17±6916±00 Caddo County ...... 9,036 17±6922±00 Carter County ...... 17,858 17±6924±00 Cherokee County ...... 11,933 17±6926±00 Choctaw County ...... 9,283 17±6930±00 Cleveland County ...... 44,406 17±6938±00 Comanche County ...... 30,136 17±6946±00 Creek County ...... 19,175 17±6948±00 Custer County ...... 7,012 17±6950±00 Delaware County ...... 11,472 17±6956±00 Garfield County ...... 14,632 17±6960±00 Garvin County ...... 9,629 17±6962±00 Grady County ...... 13,974 17±6972±00 Haskell County ...... 8,657 17±6976±00 Jackson County ...... 8,526 17±6982±00 Kay County ...... 22,170 17±6988±00 Latimer County ...... 8,361 17±6990±00 Le Flore County ...... 21,644 17±6992±00 Lincoln County ...... 10,221 17±6994±00 Logan County ...... 7,028 17±7002±00 McCurtain County ...... 19,158 17±7004±00 McIntosh County ...... 8,411 17±7010±00 Mayes County ...... 9,859 17±7014±00 Muskogee County ...... 29,067 17±7028±00 Okmulgee County ...... 19,372 17±7034±00 Ottawa County ...... 14,221 17±7038±00 Payne County ...... 9,513 17±7040±00 Pittsburg County ...... 20,409 17±7042±00 Pontotoc County ...... 12,213 17±7044±00 Pottawatomie County ...... 20,623 17±7054±00 Seminole County ...... 13,266 17±7056±00 Sequoyah County ...... 21,890 17±7058±00 Stephens County ...... 11,702 17±7068±00 Wagoner County ...... 12,641 17±7078±00 State Set-Aside Committee, OK ...... 66,478

Oklahoma Total ...... 943,053 Oregon: 17±7080±00 Portland/Clackamas, Multnomah, Washington Counties ...... 532,349 17±7082±00 Salem/Marion, Polk Counties ...... 147,275 17±7088±00 Baker County ...... 10,846 17±7090±00 Benton County ...... 17,776 17±7096±00 Clatsop County ...... 17,348

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±7098±00 Columbia County ...... 21,676 17±7100±00 Coos County ...... 43,748 17±7102±00 Crook County ...... 11,604 17±7104±00 Curry County ...... 12,328 17±7106±00 Deschutes County ...... 63,696 17±7108±00 Douglas County ...... 64,058 17±7112±00 Grant County ...... 9,020 17±7116±00 Hood River County ...... 16,805 17±7118±00 Jackson County ...... 97,684 17±7120±00 Jefferson County ...... 8,295 17±7122±00 Josephine County ...... 40,720 17±7124±00 Klamath County ...... 44,752 17±7126±00 Lake County ...... 6,781 17±7128±00 Lane County ...... 138,947 17±7132±00 Lincoln County ...... 27,865 17±7134±00 Linn County ...... 65,490 17±7136±00 Malheur County ...... 19,981 17±7142±00 Morrow County ...... 6,798 17±7154±00 Tillamook County ...... 11,176 17±7156±00 Umatilla County ...... 39,518 17±7158±00 Union County ...... 14,286 17±7162±00 Wasco County ...... 15,093 17±7170±00 Yamhill County ...... 31,980 17±7172±00 State Set-Aside Committee, OR ...... 7,413

Oregon Total ...... 1,545,308 Pennsylvania: 17±7174±00 Bethlehem/Lehigh, Northampton Counties ...... 206,083 17±7180±00 Allegheny County ...... 440,294 17±7184±00 Armstrong County ...... 37,329 17±7186±00 Beaver County ...... 67,844 17±7188±00 Bedford County ...... 27,371 17±7190±00 Berks County ...... 124,446 17±7194±00 Blair County ...... 53,821 17±7198±00 Bradford County ...... 23,701 17±7208±00 Cambria County ...... 78,246 17±7212±00 Carbon County ...... 31,107 17±7214±00 Centre County ...... 30,466 17±7218±00 Clarion County ...... 17,644 17±7220±00 Clearfield County ...... 51,270 17±7222±00 Clinton County ...... 20,261 17±7224±00 Columbia County ...... 34,498 17±7226±00 Crawford County ...... 34,021 17±7230±00 Dauphin County ...... 75,794 17±7234±00 Delaware County ...... 186,464 17±7242±00 Erie County ...... 123,623 17±7246±00 Fayette County ...... 70,708 17±7252±00 Fulton County ...... 8,312 17±7254±00 Greene County ...... 22,713 17±7256±00 Huntingdon County ...... 28,935 17±7258±00 Indiana County ...... 46,085 17±7260±00 Jefferson County ...... 23,997 17±7262±00 Juniata County ...... 12,213 17±7264±00 Lackawanna County ...... 111,312 17±7268±00 Lancaster County ...... 119,163 17±7272±00 Lawrence County ...... 38,596 17±7274±00 Lebanon County ...... 35,601 17±7282±00 Luzerne County ...... 175,338 17±7284±00 Lycoming County ...... 58,693 17±7286±00 McKean County ...... 22,499 17±7288±00 Mercer County ...... 41,312 17±7290±00 Mifflin County ...... 22,730 17±7292±00 Monroe County ...... 60,437 17±7306±00 Northumberland County ...... 46,233 17±7310±00 Philadelphia City/County ...... 683,706 17±7314±00 Potter County ...... 10,089 17±7316±00 Schuylkill County ...... 77,143 17±7320±00 Somerset County ...... 42,201 17±7324±00 Susquehanna County ...... 18,072 17±7326±00 Tioga County ...... 19,734 17±7330±00 Venango County ...... 24,639 17±7334±00 Washington County ...... 80,781 17±7336±00 Wayne County ...... 22,384 17±7338±00 Westmoreland County ...... 158,665

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±7340±00 Wyoming County ...... 19,405 17±7342±00 York County ...... 119,361 17±7344±00 State Set-Aside Committee, PA ...... 429,663

Pennsylvania Total ...... 4,315,003 Rhode Island: 17±7354±00 Providence Census County ...... 255,806 17±7368±00 State Set-Aside Committee, RI ...... 96,772

Rhode Island Total ...... 352,578 South Carolina: 17±7370±00 Abbeville County ...... 9,102 17±7372±00 Aiken County ...... 51,698 17±7376±00 Anderson County ...... 34,844 17±7378±00 Bamberg County ...... 7,950 17±7380±00 Barnwell County ...... 11,883 17±7382±00 Beaufort County ...... 15,965 17±7384±00 Berkeley County ...... 28,441 17±7388±00 Charleston County ...... 77,127 17±7394±00 Cherokee County ...... 13,858 17±7396±00 Chester County ...... 18,714 17±7398±00 Chesterfield County ...... 22,680 17±7400±00 Clarendon County ...... 13,184 17±7402±00 Colleton County ...... 9,744 17±7404±00 Darlington County ...... 31,173 17±7406±00 Dillon County ...... 15,373 17±7410±00 Edgefield County ...... 6,633 17±7412±00 Fairfield County ...... 11,554 17±7414±00 Florence County ...... 45,756 17±7416±00 Georgetown County ...... 32,194 17±7418±00 Greenville County ...... 57,047 17±7422±00 Greenwood County ...... 23,207 17±7424±00 Hampton County ...... 6,584 17±7426±00 Horry County ...... 59,450 17±7430±00 Kershaw County ...... 17,167 17±7432±00 Lancaster County ...... 21,463 17±7434±00 Laurens County ...... 13,628 17±7436±00 Lee County ...... 12,196 17±7442±00 Marion County ...... 20,360 17±7444±00 Marlboro County ...... 22,993 17±7446±00 Newberry County ...... 12,937 17±7450±00 Orangeburg County ...... 43,452 17±7452±00 Pickens County ...... 23,783 17±7454±00 Richland County ...... 59,335 17±7460±00 Spartanburg County ...... 66,017 17±7462±00 Sumter County ...... 34,218 17±7464±00 Union County ...... 15,521 17±7466±00 Williamsburg County ...... 29,231 17±7468±00 York County ...... 47,287 17±7470±00 State Set-Aside Committee, SC ...... 49,769

South Carolina Total ...... 1,093,518 South Dakota 17±7486±00 Brown County ...... 7,160 17±7580±00 Pennington County ...... 20,508 17±7614±00 State Set-Aside Committee, SD ...... 122,332

South Dakota ...... 150,000 Tennessee: 17±7616±00 Anderson County ...... 27,404 17±7618±00 Bedford County ...... 15,982 17±7620±00 Benton County ...... 10,106 17±7624±00 Blount County ...... 30,136 17±7626±00 Bradley County ...... 34,399 17±7628±00 Campbell County ...... 19,405 17±7632±00 Carroll County ...... 18,813 17±7634±00 Carter County ...... 28,852 17±7640±00 Claiborne County ...... 10,863 17±7642±00 Clay County ...... 9,513 17±7644±00 Cocke County ...... 22,401 17±7646±00 Coffee County ...... 19,685 17±7648±00 Crockett County ...... 8,345 17±7650±00 Cumberland County ...... 20,475 17±7652±00 Davidson County ...... 152,492

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±7656±00 Decatur County ...... 8,657 17±7658±00 De Kalb County ...... 9,826 17±7660±00 Dickson County ...... 14,303 17±7662±00 Dyer County ...... 14,961 17±7664±00 Fayette County ...... 10,731 17±7666±00 Fentress County ...... 10,764 17±7668±00 Franklin County ...... 14,171 17±7670±00 Gibson County ...... 22,384 17±7672±00 Giles County ...... 12,361 17±7674±00 Grainger County ...... 9,415 17±7676±00 Greene County ...... 44,044 17±7678±00 Grundy County ...... 7,291 17±7680±00 Hamblen County ...... 26,581 17±7682±00 Hamilton County ...... 108,712 17±7688±00 Hardeman County ...... 18,319 17±7690±00 Hardin County ...... 16,656 17±7692±00 Hawkins County ...... 22,055 17±7694±00 Haywood County ...... 15,027 17±7696±00 Henderson County ...... 19,734 17±7698±00 Henry County ...... 16,969 17±7700±00 Hickman County ...... 6,847 17±7702±00 Houston County ...... 7,110 17±7704±00 Humphreys County ...... 10,962 17±7708±00 Jefferson County ...... 21,199 17±7710±00 Johnson County ...... 9,842 17±7712±00 Knox County ...... 101,848 17±7718±00 Lauderdale County ...... 14,402 17±7720±00 Lawrence County ...... 35,930 17±7722±00 Lewis County ...... 9,908 17±7724±00 Lincoln County ...... 17,743 17±7726±00 Loudon County ...... 13,118 17±7728±00 McMinn County ...... 25,972 17±7730±00 McNairy County ...... 13,957 17±7732±00 Macon County ...... 9,777 17±7734±00 Madison County ...... 31,025 17±7738±00 Marion County ...... 13,875 17±7740±00 Marshall County ...... 10,040 17±7742±00 Maury County ...... 28,787 17±7744±00 Meigs County ...... 6,946 17±7746±00 Monroe County ...... 21,792 17±7748±00 Montgomery County ...... 38,382 17±7754±00 Morgan County ...... 8,789 17±7756±00 Obion County ...... 15,702 17±7758±00 Overton County ...... 13,612 17±7764±00 Polk County ...... 7,900 17±7766±00 Putnam County ...... 27,799 17±7768±00 Rhea County ...... 17,644 17±7770±00 Roane County ...... 28,178 17±7774±00 Rutherford County ...... 55,483 17±7776±00 Scott County ...... 10,731 17±7780±00 Sevier County ...... 41,263 17±7782±00 Shelby County ...... 312,194 17±7786±00 Smith County ...... 7,407 17±7788±00 Stewart County ...... 6,699 17±7790±00 Sullivan County ...... 47,583 17±7794±00 Tipton County ...... 18,994 17±7798±00 Unicoi County ...... 8,361 17±7804±00 Warren County ...... 24,935 17±7806±00 Washington County ...... 34,169 17±7808±00 Wayne County ...... 15,965 17±7810±00 Weakley County ...... 16,574 17±7812±00 White County ...... 14,435 17±7818±00 State Set-Aside Committee, TN ...... 85,709

Tennessee Total ...... 2,121,420 Texas: 17±7820±00 Abilene/Jones, Taylor Counties ...... 40,933 17±7822±00 Amarillo/Potter, Randall Counties ...... 65,852 17±7824±00 Austin/Travis, Williamson Counties ...... 258,093 17±7826±00 Dallas/Collin, Dallas, Denton Counties ...... 929,752 17±7829±00 Houston/Ft Bend, Harris Counties ...... 1,389,089 17±7830±00 Longview/Gregg, Harrison Counties ...... 101,749 17±7856±00 Anderson County ...... 18,220 17±7860±00 Angelina County ...... 33,083

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±7862±00 Aransas County ...... 9,991 17±7868±00 Atascosa County ...... 12,789 17±7870±00 Austin County ...... 6,979 17±7876±00 Bastrop County ...... 14,286 17±7880±00 Bee County ...... 9,629 17±7882±00 Bell County ...... 72,387 17±7886±00 Bexar County ...... 436,624 17±7896±00 Bowie County ...... 55,928 17±7900±00 Brazoria County ...... 113,880 17±7902±00 Brazos County ...... 21,742 17±7912±00 Brown County ...... 14,994 17±7916±00 Burnet County ...... 8,279 17±7918±00 Caldwell County ...... 10,056 17±7920±00 Calhoun County ...... 10,600 17±7924±00 Cameron County ...... 261,978 17±7934±00 Cass County ...... 19,257 17±7938±00 Chambers County ...... 8,641 17±7940±00 Cherokee County ...... 14,731 17±7964±00 Comal County ...... 17,085 17±7970±00 Cooke County ...... 9,892 17±7972±00 Coryell County ...... 16,755 17±8004±00 Deaf Smith County ...... 9,250 17±8020±00 Dimmit County ...... 10,056 17±8024±00 Duval County ...... 7,752 17±8026±00 Eastland County ...... 6,633 17±8028±00 Ector County ...... 57,096 17±8034±00 Ellis County ...... 33,329 17±8036±00 El Paso County ...... 494,165 17±8040±00 Erath County ...... 7,275 17±8044±00 Fannin County ...... 9,299 17±8060±00 Freestone County ...... 6,732 17±8062±00 Frio County ...... 8,838 17±8066±00 Galveston County ...... 147,818 17±8080±00 Gray County ...... 7,341 17±8084±00 Grayson County ...... 34,942 17±8090±00 Grimes County ...... 6,765 17±8092±00 Guadalupe County ...... 17,940 17±8094±00 Hale County ...... 17,891 17±8104±00 Hardin County ...... 24,392 17±8122±00 Hays County ...... 22,467 17±8126±00 Henderson County ...... 22,253 17±8128±00 Hidalgo County ...... 564,625 17±8132±00 Hill County ...... 10,698 17±8134±00 Hockley County ...... 9,447 17±8138±00 Hopkins County ...... 12,311 17±8142±00 Howard County ...... 9,365 17±8146±00 Hunt County ...... 25,215 17±8148±00 Hutchinson County ...... 8,888 17±8158±00 Jasper County ...... 29,429 17±8162±00 Jefferson County ...... 134,486 17±8170±00 Jim Wells County ...... 19,158 17±8180±00 Kaufman County ...... 25,166 17±8188±00 Kerr County ...... 6,798 17±8196±00 Kleberg County ...... 13,924 17±8200±00 Lamar County ...... 19,306 17±8202±00 Lamb County ...... 7,374 17±8214±00 Liberty County ...... 32,984 17±8216±00 Limestone County ...... 7,917 17±8226±00 Lubbock County ...... 74,823 17±8234±00 McLennan County ...... 75,810 17±8248±00 Matagorda County ...... 34,547 17±8250±00 Maverick County ...... 80,665 17±8252±00 Medina County ...... 11,357 17±8256±00 Midland County ...... 38,070 17±8260±00 Milam County ...... 8,197 17±8268±00 Montgomery County ...... 77,637 17±8272±00 Morris County ...... 9,250 17±8276±00 Nacogdoches County ...... 22,335 17±8278±00 Navarro County ...... 17,825 17±8280±00 Newton County ...... 11,834 17±8282±00 Nolan County ...... 7,719 17±8284±00 Nueces County ...... 165,512 17±8292±00 Orange County ...... 62,380 17±8294±00 Palo Pinto County ...... 11,982

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±8296±00 Panola County ...... 11,785 17±8302±00 Pecos County ...... 6,830 17±8304±00 Polk County ...... 14,616 17±8310±00 Presidio County ...... 17,183 17±8324±00 Reeves County ...... 9,052 17±8336±00 Rusk County ...... 20,854 17±8344±00 San Patricio County ...... 34,333 17±8354±00 Shelby County ...... 10,616 17±8358±00 Smith County ...... 85,982 17±8364±00 Starr County ...... 97,092 17±8376±00 Tarrant County ...... 413,483 17±8402±00 Titus County ...... 13,019 17±8404±00 Tom Green County ...... 28,458 17±8414±00 Tyler County ...... 9,546 17±8416±00 Upshur County ...... 17,134 17±8420±00 Uvalde County ...... 20,261 17±8422±00 Val Verde County ...... 29,067 17±8424±00 Van Zandt County ...... 13,891 17±8426±00 Victoria County ...... 32,111 17±8430±00 Walker County ...... 8,262 17±8432±00 Waller County ...... 9,382 17±8438±00 Webb County ...... 110,456 17±8442±00 Wharton County ...... 18,269 17±8446±00 Wichita County ...... 47,139 17±8452±00 Willacy County ...... 25,281 17±8458±00 Wilson County ...... 7,160 17±8462±00 Wise County ...... 11,785 17±8464±00 Wood County ...... 12,641 17±8468±00 Young County ...... 8,526 17±8470±00 Zapata County ...... 6,995 17±8472±00 Zavala County ...... 16,805 17±8474±00 State Set-Aside Committee, TX ...... 220,434

Texas Total ...... 7,970,990 Utah: 17±8480±00 Cache County ...... 17,200 17±8482±00 Carbon County ...... 7,489 17±8496±00 Iron County ...... 7,703 17±8510±00 Salt Lake County ...... 212,140 17±8518±00 Sanpete County ...... 7,094 17±8526±00 Uintah County ...... 8,460 17±8528±00 Utah County ...... 64,931 17±8536±00 Washington County ...... 17,842 17±8540±00 Weber County ...... 62,923 17±8544±00 State Set-Aside Committee, UT ...... 67,242

Utah Total ...... 473,024 Vermont: 17±8552±00 Caledonia County ...... 12,509 17±8554±00 Chittenden County ...... 33,692 17±8566±00 Orleans County ...... 14,780 17±8568±00 Rutland County ...... 22,829 17±8576±00 State Set-Aside Committee, VT ...... 66,190

Vermont Total ...... 150,000 Virginia: 17±8584±00 Accomack County ...... 19,290 17±8610±00 Buchanan County ...... 24,096 17±8616±00 Caroline County ...... 10,600 17±8618±00 Carroll County ...... 9,349 17±8634±00 Dickenson County ...... 17,973 17±8652±00 Giles County ...... 10,501 17±8658±00 Grayson County ...... 7,324 17±8664±00 Halifax County ...... 29,396 17±8674±00 Isle of Wight County ...... 9,908 17±8684±00 Lancaster County ...... 9,233 17±8686±00 Lee County ...... 14,385 17±8690±00 Louisa County ...... 9,563 17±8698±00 Mecklenburg County ...... 13,562 17±8702±00 Montgomery County ...... 13,068 17±8710±00 Northumberland County ...... 8,411 17±8716±00 Page County ...... 10,649 17±8720±00 Pittsylvania County ...... 28,309 17±8724±00 Prince Edward County ...... 9,332

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±8730±00 Pulaski County ...... 13,398 17±8742±00 Russell County ...... 24,392 17±8744±00 Scott County ...... 11,258 17±8748±00 Smyth County ...... 18,648 17±8760±00 Tazewell County ...... 31,700 17±8764±00 Washington County ...... 23,635 17±8766±00 Westmoreland County ...... 8,164 17±8768±00 Wise County ...... 28,375 17±8770±00 Wythe County ...... 13,348 17±8778±00 Bristol City ...... 6,863 17±8792±00 Danville City ...... 28,326 17±8810±00 Hopewell City ...... 8,690 17±8814±00 Lynchburg City ...... 16,870 17±8822±00 Newport News City ...... 63,729 17±8824±00 Norfolk City ...... 86,080 17±8828±00 Petersburg City ...... 18,911 17±8832±00 Portsmouth City ...... 51,072 17±8836±00 Richmond City ...... 70,938 17±8838±00 Roanoke City ...... 29,708 17±8846±00 Suffolk City ...... 22,713 17±8856±00 State Set-Aside Committee, VA ...... 605,986

Virginia Total ...... 1,437,751 Washington: 17±8858±00 Adams County ...... 14,978 17±8860±00 Asotin County ...... 7,225 17±8862±00 Benton County ...... 73,588 17±8864±00 Chelan County ...... 43,616 17±8866±00 Clallam County ...... 30,169 17±8868±00 Clark County ...... 99,346 17±8872±00 Cowlitz County ...... 47,649 17±8874±00 Douglas County ...... 19,257 17±8878±00 Franklin County ...... 33,346 17±8882±00 Grant County ...... 49,196 17±8884±00 Grays Harbor County ...... 41,263 17±8888±00 Jefferson County ...... 10,188 17±8890±00 King County ...... 489,836 17±8896±00 Kitsap County ...... 77,045 17±8898±00 Kittitas County ...... 14,616 17±8900±00 Klickitat County ...... 14,764 17±8902±00 Lewis County ...... 40,555 17±8906±00 Mason County ...... 21,117 17±8908±00 Okanogan County ...... 36,358 17±8910±00 Pacific County ...... 12,476 17±8912±00 Pend Oreille County ...... 8,016 17±8914±00 Pierce County ...... 233,553 17±8920±00 Skagit County ...... 52,636 17±8922±00 Skamania County ...... 6,600 17±8924±00 Snohomish County ...... 162,434 17±8928±00 Spokane County ...... 145,020 17±8932±00 Stevens County ...... 24,277 17±8934±00 Thurston County ...... 78,625 17±8938±00 Walla Walla County ...... 26,466 17±8940±00 Whatcom County ...... 71,745 17±8944±00 Yakima County ...... 180,390 17±8948±00 State Set-Aside Committee, WA ...... 20,440

Washington Total ...... 2,186,790 West Virginia: 17±8950±00 Huntington/Cabell, Wayne Counties ...... 54,463 17±8954±00 Barbour County ...... 11,916 17±8956±00 Berkeley County ...... 22,088 17±8958±00 Boone County ...... 11,966 17±8960±00 Braxton County ...... 9,135 17±8962±00 Brooke County ...... 13,101 17±8970±00 Clay County ...... 7,802 17±8974±00 Fayette County ...... 26,318 17±8978±00 Grant County ...... 7,999 17±8980±00 Greenbrier County ...... 19,389 17±8982±00 Hampshire County ...... 8,443 17±8984±00 Hancock County ...... 16,327 17±8988±00 Harrison County ...... 41,213 17±8990±00 Jackson County ...... 14,418 17±8994±00 Kanawha County ...... 80,698

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±8998±00 Lewis County ...... 10,007 17±9000±00 Lincoln County ...... 12,756 17±9002±00 Logan County ...... 22,779 17±9004±00 McDowell County ...... 13,924 17±9006±00 Marion County ...... 35,173 17±9008±00 Marshall County ...... 17,546 17±9010±00 Mason County ...... 16,492 17±9012±00 Mercer County ...... 25,018 17±9014±00 Mineral County ...... 10,254 17±9016±00 Mingo County ...... 19,010 17±9018±00 Monongalia County ...... 25,100 17±9024±00 Nicholas County ...... 16,706 17±9026±00 Ohio County ...... 19,372 17±9034±00 Preston County ...... 16,541 17±9036±00 Putnam County ...... 19,652 17±9038±00 Raleigh County ...... 41,279 17±9040±00 Randolph County ...... 19,339 17±9042±00 Ritchie County ...... 7,884 17±9044±00 Roane County ...... 11,604 17±9048±00 Taylor County ...... 8,806 17±9050±00 Tucker County ...... 7,176 17±9054±00 Upshur County ...... 12,344 17±9062±00 Wetzel County ...... 11,324 17±9066±00 Wood County ...... 40,522 17±9068±00 Wyoming County ...... 11,801 17±9070±00 State Set-Aside Committee, WV ...... 38,201

West Virginia Total ...... 835,886 Wisconsin: 17±9072±00 Eau Claire/Chippewa, Eau Claire Counties ...... 43,550 17±9098±00 Ashland County ...... 8,838 17±9102±00 Bayfield County ...... 7,703 17±9104±00 Brown County ...... 60,668 17±9120±00 Clark County ...... 15,406 17±9126±00 Dane County ...... 65,869 17±9134±00 Douglas County ...... 17,101 17±9136±00 Dunn County ...... 11,291 17±9148±00 Grant County ...... 18,385 17±9158±00 Jackson County ...... 7,538 17±9162±00 Juneau County ...... 12,377 17±9164±00 Kenosha County ...... 42,119 17±9170±00 La Crosse County ...... 26,499 17±9176±00 Langlade County ...... 8,674 17±9182±00 Marathon County ...... 40,884 17±9184±00 Marinette County ...... 18,171 17±9190±00 Milwaukee County ...... 300,344 17±9198±00 Monroe County ...... 15,373 17±9200±00 Oconto County ...... 12,970 17±9214±00 Polk County ...... 13,727 17±9216±00 Portage County ...... 24,047 17±9220±00 Racine County ...... 60,404 17±9226±00 Rock County ...... 47,254 17±9230±00 Rusk County ...... 7,686 17±9236±00 Sawyer County ...... 9,201 17±9242±00 Taylor County ...... 8,312 17±9246±00 Vernon County ...... 9,497 17±9248±00 Vilas County ...... 8,229 17±9252±00 Washburn County ...... 7,275 17±9264±00 Waushara County ...... 8,822 17±9266±00 Winnebago County ...... 42,333 17±9272±00 State Set-Aside Committee, WI ...... 311,854

Wisconsin Total ...... 1,292,401 Wyoming: 17±9288±00 Fremont County ...... 21,676 17±9302±00 Natrona County ...... 27,898 17±9326±00 State Set-Aside Committee, WY ...... 100,426

Wyoming Total ...... 150,000 American Samoa: 17±9328±00 American Samoa ...... 105,525

American Samoa Total ...... 105,525 Guam:

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EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM ALLOCATIONSÐPHASE 17ÐContinued 17±9330±00 Guam ...... 100,500

Guam Total ...... 100,500 Northern Marianas: 17±9332±00 Northern Mariana Islands ...... 65,325

Northern Marianas Total ...... 65,325 Puerto Rico: 17±9334±00 Puerto Rico ...... 2,509,650

Puerto Rico Total ...... 2,509,650 Virgin Islands: 17±9340±00 Virgin Islands ...... 140,700

Virgin Islands Total ...... 140,700

[FR Doc. 99–10528 Filed 4–27–99; 8:45 am] BILLING CODE 6718±02±P

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DEPARTMENT OF EDUCATION Institutes of Health, the National The standing panels NIDRR intends to Science Foundation, the Department of form are based on the research agenda Office of Special Education and Veterans Affairs, and the Department of stated in the proposed LRP. They are as Rehabilitative Services; National Health and Human Services, all with follows: (1) Employment Outcomes; (2) Institute on Disability and direct experience with peer review Health and Function; (3) Technology for Rehabilitation Research; Notice systems served on the SPWG. The Access and Function; (4) Independent Inviting Nominations for Individuals to SPWG produced a report on current Living and Community Integration; and Serve as Peer Reviewers on Standing practices at other agencies, and a (5) Statistics, Outcomes Research, Panels recommendation for NIDRR to establish Disability Studies, Rehabilitation Purpose: The purpose of this notice is standing panels aligned with the Science, and Policy. objectives in the proposed Long-Range to invite interested parties to nominate Electronic Access to This Document qualified individuals to serve three-year Plan (LRP). The proposed LRP can be You may view this document, as well terms as peer reviewers on standing accessed on the World Wide Web at: as all other Department of Education panels. http://www.ed.gov/legislation/ documents published in the Federal FOR FURTHER INFORMATION CONTACT: FedRegister/announcements/1998–4/ 102698a.html Register, in text or Adobe Portable Robert Jaeger, U.S. Department of Document Format (PDF) on the World NIDRR plans to use standing panels of Education, 400 Maryland Avenue, SW., Wide Web at either of the following Room 3422, Switzer Building, peer reviewers to evaluate Field sites: Washington, DC. 20202–2645. Initiated Project (FIP) applications and Telephone: (202) 205–8061. Individuals applications for Small Business http://ocfo.ed.gov/fedreg.html who use a telecommunications device Innovative Research (SBIR) projects. http://www.ed.gov/news.html for the deaf (TDD) may call the TDD NIDRR receives approximately 200 FIP To use the PDF you must have the number at (202) 205–9136. Internet: applications and 200 SBIR applications Adobe Acrobat Reader Program with [email protected] per year. NIDRR plans to use standing Search, which is available free at either Individuals with disabilities may panels in order to enhance continuity, of the preceding sites. If you have obtain this document in an alternate provide for more extensive feedback, questions about using the PDF, call the format (e.g., Braille, large print, and obtain the services of better U.S. Government Printing Office (GPO) audiotape, or computer diskette) on qualified reviewers, including those at (202) 512–1530 or, toll free at 1–888– request to the contact person listed in with disabilities and those from diverse 293–6498. the preceding paragraph. backgrounds. Note: The official version of this document SUPPLEMENTARY INFORMATION: Section NIDRR plans for peer reviewers to is the document published in the Federal 202(f)(1) of the Rehabilitation Act, as serve for three-year terms on the Register. Free Internet access to the official amended, requires the Director of standing panels, with two meetings to edition of the Federal Register and the Code NIDRR to provide for scientific review be held per year: one for FIP reviews of Federal Regulations is available on GPO of all applications for financial and one for SBIR reviews. Because Access at: assistance for research, training, and NIDRR plans to have staggered terms, http://www.access.gpo.gov/nara/ demonstration projects. The scientific there will be an ongoing need for index.html peer review must be conducted by candidates for appointment. The Applicable Program Regulations: 34 individuals who are scientists or other nomination process will remain open on CFR Part 350. a continuous basis, and nominations experts in the rehabilitation field Program Authority: 29 U.S.C. 760–764. (including the independent living field), may be made at any time. Dated: April 22, 1999. including knowledgeable individuals The format for submitting with disabilities, and the individuals nominations for the new standing Judith E. Heumann, representatives, who are not Federal panels is in the Appendix. Individuals Assistant Secretary for Special Education and employees, and who are competent to should review the list of standing panels Rehabilitative Services. review applications for the financial NIDRR intends to form, and nominate Appendix—Nomination Procedure assistance. ONE individual to serve as a member of NIDRR’s current peer review process ONE of these standing panels. Prospective panel members must be nominated by an individual who is well uses ad hoc panels that are selected on Individuals may not nominate more acquainted with the nominee and has insight a competition by competition basis. than one person or nominate the same as to the nominee’s abilities as a peer Many constituents have criticized the person for more than one panel. The reviewer. Nominators must contact the ad hoc panel system, and the Institute nominator should be well acquainted individual they wish to nominate to of Medicine, in its report Enabling with the nominee and have insight as to determine if the prospective nominee is America, recommended that NIDRR the nominee’s abilities as a peer willing to serve, and to avoid multiple establish a standing panel review reviewer. Individuals may be qualified nominations. If multiple nominations for a process in order to enhance its peer to be peer reviewers on the basis of single individual are received, only the first review process. One of the education and training or some nomination received by NIDRR will be processed. Individuals may not nominate recommendations from the steering combination of personal and themselves. The nominator should forward committee for NIDRR’s long-range professional experience with disability. two items to NIDRR: planning process was that NIDRR devise Nominators must contact the individual 1. One Page Cover Letter improvements to its research they wish to nominate to determine if application review process. In 1997– the prospective nominee is willing to This is prepared by the nominator, and 1998, NIDRR formed a Standing Panel serve, and to avoid multiple should include: (1) The name of the nominee, mailing Working Group (SPWG) to evaluate nominations. Nominators must obtain address, and other contact information for NIDRR’s existing peer review the nominee’s resume or curriculum both nominator and nominee; (2) the name of procedures and compare them to vitae for submission to NIDRR. the panel the individual is being nominated practices of other Federal agencies. Individuals may not nominate to; (3) a brief description of the qualifications Representatives from the National themselves. of the nominee to serve as a member of that

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DEPARTMENT OF EDUCATION Estimated Range of Awards: $75,000– economically distressed urban and rural $300,000 each year. communities. [CFDA No. 84.341] Estimated Average Size of Awards: Applicants under this program are Community Technology Centers $180,000. encouraged to propose an array of Program; Notice Inviting Applications Estimated Number of Awards: 40 to services and activities that provide for New Awards for Fiscal year (FY) 60. access to computers and information Project Period: 36 months. 1999 technology for local community Please note that all applicants for residents, such as: Note to Applicants: This notice is a multi-year awards are required to 1. After-school Activities for children complete application package. Together provide detailed budget information for of all ages to use software that provides with the statute authorizing these grants the total grant period requested. The homework help and academic and the Education Department General Department will determine at the time enrichment, exploration of the Internet, Administrative Regulations (EDGAR), of the initial award the funding levels and multimedia activities, including this notice contains all of the for each year of the grant award. web page design and creation. information, application forms, and Note: The Department of Education is not 2. Adult Education and Family instructions needed to apply for a grant bound by any estimates in this notice. Literacy, including GED, English as a under this competition. These grants are second Language, and adult basic Applicable Regulations: The authorized by Title III, section 3122 of education classes or programs, Education Department General the Elementary and Secondary introduction to computers, Administrative Regulations (EDGAR) in Education Act of 1965 (ESEA), as intergenerational activities, and lifelong 34 CFR parts 75, 77, 79, 80, 81, 82, 85, amended by the Improving America’s learning opportunities through and 86. Schools Act of 1994 (20 U.S.C. 6832). technology and the Internet. Purpose of Program: The purpose of SUPPLEMENTARY INFORMATION: A 1998 3. Career Development and Job the Community Technology Centers Department of Commerce study, Falling Preparation, such as computer skills program is to increase access to through the Net II: New Data on the training (basic and advanced), resume technology and promote the use of Digital Divide, showed that although writing workshops, and access to technology in education through the more Americans now own computers, databases of employment opportunities, development of model programs that minority and low-income households career information, and other online demonstrate the educational are still far less likely to have computers materials. effectiveness of technology in urban and or online access to the Internet than 4. Small Business Activities, such as rural areas and economically distressed more affluent households. The report computer-based training for basic communities. showed that the ‘‘digital divide’’ entrepreneurial skills and electronic Eligible Applicants: State educational between the technology ‘‘have’s’’ and commerce, as well as access to agencies, local educational agencies, ‘‘have not’s’’—especially low-income information on business start-up institutions of higher education, and individuals, minorities and the young in programs. other public and private nonprofit or rural areas and central cities—is 5. Home Access to computers and for-profit agencies and organizations are significant. In view of the time that it technology, such as assistance and eligible to receive grants under this will take to connect these individuals to services to promote the acquisition, program. A group of eligible entities is online access at home, the report installation, and use of information also eligible to receive a grant if the advocated that schools, libraries, technology in the home through web- group follows the procedures for group postsecondary institutions, and based television, network PCs, or other applications in 34 CFR 75.127–129 of community organizations make computer technology. EDGAR. computers and technology accessible to Although a single eligible applicant Deadline for Transmittal of them. may apply for a grant under this Applications: June 14, 1999. Description of Program program, the Secretary encourages Note: See information on Technical applications from partnerships that Assistance Workshops under SUPPLEMENTARY The Community Technology Centers include local community organizations INFORMATION. program is established to provide access or agencies. The Secretary will give a Deadline for Intergovernmental to computers and technology, competitive preference to applications Review: August 13, 1999. particularly educational technology, to from eligible applicants that Estimated Available Funds: adults and children in low-income demonstrate substantial community $9,250,000. communities who otherwise would lack support and commitment to the Matching Requirement: Recipients of that access. The program is authorized establishment or expansion of a grants under this program must share in under section 3122 of ESEA. Under community technology center or the cost of the activities assisted under section 3122, the Secretary may carry centers. the grant. Grant recipients must make out a variety of activities that promote As indicated in the discussion of available non-Federal contributions in the use of technology in education. matching above, recipients of grants cash or in kind in the following These activities include the under this program must share in the percentages, as authorized under section development of model programs, such cost of activities assisted under the 3122(d) of ESEA: as community technology centers, that grants through non-Federal First year: Non-federal contribution— demonstrate the educational contributions. The non-Federal share of 30 percent of the cost of activities effectiveness of technology in urban and activities may be in the form of cash or assisted under the grant. rural areas and economically distressed in-kind contributions, fairly valued. Second year: Non-federal communities. Under the Community contribution—40 percent of the cost of Technology Centers program, the Technical Assistance Workshops activities assisted under the grant. Secretary will award grants to establish We will hold four technical assistance Third year: Non-federal or expand community technology workshops to assist applicants in contribution—50 percent of the cost of centers that provide access to computers preparing grant applications for the activities assisted under the grant. and technology for individuals in Community Technology Centers

VerDate 26-APR-99 11:33 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\A28AP3.023 pfrm07 PsN: 28APN4 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Notices 22955 program. The dates, times, and locations competitive priorities and selection (b) Meeting the purposes of the of the workshops are as follows: criteria. The competitive priorities and authorizing statute. (10 points) The 1. May 7, 1999, 9:00 a.m. to 12:00 selection criteria will apply only to the Secretary considers how well the project noon, Dallas County Community fiscal year 1999 grant competition. meets the purposes of section 3122(a) College District, Bill J. Priest Institute and (c)(10) of ESEA by developing a Competitive Priorities: for Economic Development, 1402 model project that demonstrates the Corinth Street, Rooms A and B (seating The Secretary will give preference to educational effectiveness of technology capacity 150), Dallas, Texas. applications that meet one or both of the and expands access to information 2. May 10, 1999, 1:00 p.m. to 4:00 competitive priorities in the next two technology and related services in an p.m., Olive Harvey College, 10001 South paragraphs. (34 CFR 75.105 (b)(2)(iii) economically distressed urban or rural Woodlawn Avenue, Bruce Cherry and (c)(2)(i)). community. Theater (seating capacity 250), Chicago, Competitive Priority 1 (c) Need for project. (30 points) (1) Illinois. The Secretary considers the need for the 3. May 10, 1999, 9:00 a.m. to 12:00 Projects that demonstrate substantial proposed project. noon, Medgar Evers College, 1650 community support of, and commitment (2) In determining the need for the Bedford Avenue, Auditorium (seating to, the establishment or expansion of a proposed project, the Secretary capacity 400), Brooklyn, New York. community technology center or considers the following factors: 4. May 12, 1999, 9:00 a.m. to 12:00 centers. The Secretary will award up to (i) The magnitude of the need for the noon, Los Angeles Community College three additional points depending on services to be provided or the activities District, Southwest College, 1600 West how well an application meets this to be carried out by the proposed Imperial Highway, Little Theatre priority. These points would be in project. (15 points) (seating capacity 350), Los Angeles, addition to any points the applicant California. (ii) The extent to which the proposed earns under the selection criteria. project will focus on serving or Assistance to Individuals With Competitive Priority 2 otherwise addressing the needs of Disabilities at the Technical Assistance disadvantaged individuals. (15 points) Workshops Projects that use the program funds to (d) Quality of project design. (20 establish or expand a community The technical assistance workshop points) (1) The Secretary considers the technology center or centers in an sites are accessible to individuals with quality of the design of the proposed Empowerment Zone, including a disabilities. If you will need an auxiliary project. Supplemental Empowerment Zone, or aid or service to participate in the (2) In determining the quality of the an Enterprise Community designated by workshop (e.g., interpreting service, design of the proposed project, the the United States Department of assistive listening device, or materials in Secretary considers the following Housing and Urban Development or the an alternate format), notify the contact factors: United States Department of person listed in this notice at least two (i) The extent to which the goals, Agriculture. The Secretary will award weeks before the scheduled workshop objectives, and outcomes to be achieved three additional points to an application date. Although we will attempt to meet by the proposed project are clearly that meets this priority. These points a request we receive after that date, we specified and measurable. (10 points) would be in addition to any points the may not be able to make available the (ii) The extent to which the proposed applicant earns under the selection requested auxiliary aid or service project will establish linkages with criteria. because of insufficient time to arrange other appropriate agencies and it. Note: A list of areas that have been organizations providing services to the Waiver of Proposed Rulemaking: In designated as Empowerment Zones and target population. (10 points) accordance with the Administrative Enterprise Communities is published in the (e) Quality of project personnel. (10 Procedure Act (5 U.S.C. 553), it is the Appendix to this notice. points) (1) The Secretary considers the practice of the Secretary to offer Definition: In addition to definitions quality of the personnel who will carry interested parties the opportunity to in the statute and EDGAR, the following out the proposed project. comment on proposed rules. Ordinarily, definition applies: (2) In determining the quality of this practice would have applied to the Economically distressed means a project personnel, the Secretary priorities and selection criteria in this county or equivalent division of local considers the extent to which the notice. Section 437(d)(1) of the General government of a State in which, applicant encourages applications for Education Provisions Act (GEPA), according to the most recent available employment from persons who are however, exempts rules that apply to data from the United States Bureau of members of groups that have the first competition under a new or the Census, a significant percentage of traditionally been underrepresented substantially revised program from this the residents have an annual income based on race, color, national origin, requirement. Although statutory that is at or below the poverty level. gender, age, or disability. authorization for this program has Selection Criteria: (a)(1) The Secretary (3) In addition, the Secretary existed since 1994, the program was uses the following selection criteria to considers the qualifications, including funded for the first time under the evaluate applications for grants under relevant training and experience, of the Omnibus Consolidated and Emergency this competition. In all instances where project director or principal Supplemental Appropriations Act, the word ‘‘project’’ appears in the investigator. (10 points) 1999, enacted October 22, 1998. As this selection criteria, the reference to a (f) Quality of the management plan. competition is the first competition community technology center should be (10 points) (1) The Secretary considers under the program, it therefore qualifies made. the quality of the management plan for as a new competitive grants program. (2) The maximum composite score for the proposed project. The Secretary, in accordance with all of these criteria is 100 points. (2) In determining the quality of the section 437(d)(1) of GEPA, to ensure (3) The maximum score for each management plan for the proposed timely awards, has decided to forego criterion and factor is indicated in project, the Secretary considers the public comments with respect to the parentheses. following factors:

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(i) The adequacy of the management (Intergovernmental Review of Federal Attention: (CFDA #84.341), Room 3633, plan to achieve the objectives of the Programs) and the regulations in 34 CFR Regional Office Building #3, 7th and D proposed project on time and within Part 79. Streets, SW., Washington, D.C. budget, including clearly defined The objective of the Executive order is (b) An applicant must show one of the responsibilities, timelines, and to foster an intergovernmental following as proof of mailing: milestones for accomplishing project partnership and to strengthen (1) A legibly dated U.S. Postal Service tasks. (5 points) federalism by relying on State and local postmark. (ii) How the applicant will ensure that processes for State and local (2) A legible mail receipt with the a diversity of perspectives are brought to government coordination and review of date of mailing stamped by the U.S. bear in the operation of the proposed proposed Federal financial assistance. Postal Service. project, including those of parents, Applicants must contact the (3) A dated shipping label, invoice, or teachers, the business community, a appropriate State Single Point of receipt from a commercial carrier. variety of disciplinary and professional Contact to find out about, and to comply (4) Any other proof of mailing fields, recipients or beneficiaries of with, the State’s process under acceptable to the Secretary. services, or others, as appropriate. (5 Executive Order 12372. Applicants (c) If an application is mailed through points) proposing to perform activities in more the U.S. Postal Service, the Secretary (g) Adequacy of resources. (10 points) than one State should immediately does not accept either of the following (1) The Secretary considers the contact the Single Point of Contact for as proof of mailing: adequacy of resources for the proposed each of those States and follow the (1) A private metered postmark. project. procedures established in each State (2) A mail receipt that is not dated by (2) In determining the adequacy of under the Executive order. The address the U.S. Postal Service. resources for the proposed project, the of each State Single Point of Contact is Secretary considers the following in the Appendix to this notice. Notes factors: In States that have not established a (1) The U.S. Postal Service does not (i) The adequacy of support, including process or chosen a program for review, uniformly provide a dated postmark. facilities, equipment, supplies, and State, areawide, regional, and local Before relying on this method, an other resources, from the applicant entities may submit comments directly applicant should check with its local organization or the lead applicant to the Department. post office. organization. (5 points) Any State Process Recommendation (2) The Application Control Center (ii) The extent to which the costs are and other comments submitted by a will mail a Grant Application Receipt reasonable in relation to the number of State Single Point of Contact and any Acknowledgment to each applicant. If persons to be served and to the comments from State, areawide, an applicant fails to receive the anticipated results and benefits. (5 regional, and local entities must be notification of application receipt points) mailed or hand-delivered by the date within 15 days from the date of mailing (h) Quality of project evaluation. (10 indicated in this notice to the following the application, the applicant should points) (1) The Secretary considers the address: The Secretary, E.O. 12372- call the U.S. Department of Education quality of the evaluation to be CFDA #84.341, U.S. Department of Application Control Center at (202) conducted of the proposed project. Education, Room 7E200, 400 Maryland 708–9494. (2) In determining the quality of the Avenue, SW, Washington, DC 20202– (3) The applicant must indicate on the evaluation, the Secretary considers the 0125. following factors: Proof of mailing will be determined envelope and—if not provided by the (i) The extent to which the methods on the same basis as applications (see 34 Department—in Item 3 of the of evaluation include the use of CFR 75.102). Recommendations or Application for Federal Assistance (ED objective performance measures that are comments may be hand-delivered until 424) the CFDA number—and suffix clearly related to the intended outcomes 4:30 p.m. (Washington, D.C. time) on letter, if any—of the competition under of the project and will produce the date indicated in this notice. which the application is being quantitative and qualitative data to the PLEASE NOTE THAT THE ABOVE submitted. extent possible. (5 points) ADDRESS IS NOT THE SAME Application Instructions and Forms (ii) The extent to which the methods ADDRESS AS THE ONE TO WHICH The appendix to this notice contains of evaluation will provide performance THE APPLICANT SUBMITS ITS the following forms and instructions, a feedback and permit periodic COMPLETED APPLICATION. DO NOT statement regarding estimated public assessment of progress toward achieving SEND APPLICATIONS TO THE ABOVE reporting burden, a notice to applicants intended outcomes. (5 points) ADDRESS. regarding compliance with section 427 Note: In accordance with EDGAR 34 CFR 75.118, 75.590, 75.720, and 80.40, grant Instructions for Transmittal of of the General Education Provisions Act recipients must submit an annual Applications (GEPA), various assurances and performance report that provides the most (a) If an applicant wants to apply for certifications, and a checklist for current performance and financial a grant, the applicant must- applicants. expenditure information on project activities, (1) Mail the original and two copies a. Instructions for the Application including the recipient’s progress in of the application on or before the Narrative. achieving the objectives in its approved b. Estimated Public Reporting Burden application. If a recipient fails to submit a deadline date to: U.S. Department of Education, Application Control Center, Statement. performance report that meets these # requirements, the Secretary denies continued Attention: (CFDA 84.341) Washington, c. Notice to All Applicants funding for the grant. DC 20202–4725 or (compliance with section 427 of GEPA). (2) Hand deliver the original and two d. Checklist for Applicants. Intergovernmental Review of Federal copies of the application by 4:30 p.m. e. An excerpt of Public Law 103–382. Programs (Washington, D.C. time) on or before the f. Application for Federal Assistance This program is subject to the deadline date to: U.S. Department of (ED 424, Exp. 06/30/2001) and requirements of Executive Order 12372 Education, Application Control Center, instructions.

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g. Budget Information-Non- Electronic Access to This Document 5. In the application budget, include a description of the non-federal contributions construction Programs (ED Form No. You may view this document, as well 524) and instructions. that the applicant will make for each year of as all other Department of Education the project in amounts not less than the non- h. Assurances-Non-Construction documents published in the Federal Programs (Standard Form 424B) and federal contributions as required in this Register, in text or Adobe Portable notice. Budget line items must support the instructions. Document Format (PDF) on the Internet i. Certifications Regarding Lobbying; goals and objectives of the proposed project. at either of the following sites: http:// Debarment, Suspension, and Other 6. Provide the following in response to the ocfo.ed.gov/fedreg.htm http:// attached ‘‘Notice to all Applicants’’: (1) a Responsibility Matters; and Drug-Free www.ed.gov/news.html reference to the portion of the application in Workplace Requirements (ED 80–0013) To use the PDF you must have the which information appears as to how the and instructions. Adobe Acrobat Reader Program with applicant is addressing steps to promote j. Certifications regarding Debarment, Search, which is available free at either equitable access and participation, or (2) a Suspension, Ineligibility and Voluntary of the previous sites. If you have separate statement that contains that Exclusion-Lower Tier Covered questions about using the PDF, call the information. Transactions (ED 80–0014, 9/90) and U.S. Government Printing Office at (202) 7. Attach copies of all required assurances instructions. and forms. 512–1530 or, toll free, at 1–888–293– Note: ED 80–0014 is intended for the use 6498. Estimated Public Reporting Burden of grantees and should not be transmitted to According to the Paperwork Reduction Act the Department. Note: The official version of this document is the document published in the Federal of 1995, no persons are required to respond k. Disclosure of Lobbying Activities Register. Free Internet access to the official to a collection of information unless it (Standard Form LLL) (if applicable) and edition of the Federal Register and the Code displays a valid OMB Control Number. The instructions. of Federal Regulations is available on GPO valid OMB Control Number for this An applicant may submit information Access at: http://www.access.gpo.gov/nara/ information collection is 1830–0539 on photostatic copies of the application, index.html (Expiration Date: 04/30/2002). The time budget forms, assurances, and Program Authority: 20 U.S.C. 6832. required to complete this information certifications as printed in this notice in Dated: April 22, 1999. collection is estimated to average 40 hours the Federal Register. However, the Robert Muller, per response, including the time to review application form, assurances, and Acting Assistant Secretary for Vocational and instructions, search existing data resources, certifications must each have an original Adult Education. gather the data needed, and complete and review the information collection. If you signature. All applicants must submit Appendix—Instructions for the have any comments concerning the accuracy ONE original signed application, Application Narrative of the time estimate or suggestions for including ink signatures on all forms improving this form, please write to: U.S. The narrative is the section of the and assurances, and TWO copies of the Department of Education, Washington, DC application where the selection criteria used application, one bound and one 20202–4651. unbound copy suitable for by reviewers in evaluating the application are addressed. The narrative must encompass If you have comments or concerns photocopying. Please mark each each function or activity for which funds are regarding the status of your individual application as ‘‘original’’ or ‘‘copy’’. No being requested. Before preparing the submission of this form, write directly to: grant may be awarded unless a Application Narrative, an applicant should Community Technology Centers Program, completed application form, including read carefully the description of the program Division of Adult Education and Literacy, the signed assurances and certifications, and the selection criteria the Secretary uses Office of Vocational and Adult Education, has been received. to evaluate applications. U.S. Department of Education, 400 Maryland The Secretary strongly requests the Avenue, SW., Washington, DC 20202–7240. FOR FURTHER INFORMATION CONTACT: applicant to limit the Application Narrative Checklist for Applicants Norris Dickard, Community Technology (not including the Abstract) to no more than Centers Program, Office of Vocational 20 double-spaced, typed pages (on one side The following forms and other items must and Adult Education, U.S. Department only). The Department has found that be included in the application in the order of Education, 400 Maryland Avenue, successful applications for similar programs listed below: SW., Room 4076, Switzer Building, generally meet this page limit. 1. Application for Federal Assistance (ED Washington, DC 20202–7240. 1. Begin with a one-page Abstract 424). Telephone: (202) 205–9873. E-mail: summarizing the proposed community 2. Budget Information—Non-construction [email protected]. Individuals technology center project, including a short Programs ED Form No. 524). description of the population to be served by who use a telecommunications device 3. Application Narrative, including the project, project objectives, and planned information that addresses section 427 of the for the deaf (TDD) may call the Federal project activities; General Education Provisions Act. (See the Information Relay Service (FIRS) at 1– 2. Include a table of contents listing the section entitled ‘‘NOTICE TO ALL 800–877–8339. parts of the narrative in the order of the APPLICANTS’’). Individuals with disabilities may selection criteria and the page numbers 4. Assurances—Non-Construction obtain this notice in an alternate format where the parts of the narrative are found. Be Programs (SF 242B). (e.g., Braille, large print, audiotape, or sure to number the pages. 5. Certifications Regarding Lobbying; computer diskette) on request to the 3. Describe how the applicant meets the Debarment, Suspension, and Other contact person listed in the preceding competitive priority(ies), if applicable. Responsibility Matters; and Drug-Free 4. Describe fully the proposed project in Workplace Requirements (ED 80–0013). paragraph. Please note, however, that light of the selection criteria in the order in 6. Disclosure of Lobbying Activities the Department is not able to reproduce which the criteria are listed in the (Standard Form LLL). in an alternate format the standard application package. Do not simply forms included in the notice. paraphrase the criteria. BILLING CODE 4000±01±P

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[FR Doc. 99–10622 Filed 4–23–99; 12:24 pm] BILLING CODE 4000±01±C

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ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: The existing chemicals are introduced into AGENCY Stratospheric Protection Hotline at (800) interstate commerce for significant new 296–1996. Kelly Davis at (202) 564– uses as substitutes for a class I 40 CFR Part 82 2303 or fax (202) 565–2096, Analysis substance. The producer must also and Review Branch, Stratospheric provide the Agency with the producer’s [FRL±6332±3] Protection Division, Mail Code 6205J, health and safety studies on such RIN 2060±AG12 Washington, DC 20460. Overnight or substitutes. courier deliveries should be sent to 501 • Outreach—Section 612(b)(1) states Protection of Stratospheric Ozone; 3rd Street, NW, Washington, DC, 20001. that the Administrator shall seek to Listing of Substitutes for Ozone- EPA’s Ozone World Wide Web site at maximize the use of federal research Depleting Substances ‘‘http://www.epa.gov/ozone/title6/ facilities and resources to assist users of class I and II substances in identifying AGENCY: Environmental Protection snap/’’. Agency. SUPPLEMENTARY INFORMATION: This and developing alternatives to the use of such substances in key commercial ACTION: action is divided into four sections: Final rule. applications. I. Section 612 Program • SUMMARY: This action imposes Clearinghouse—Section 612(b)(4) A. Statutory Requirements requires the Agency to set up a public restrictions or prohibitions on B. Regulatory History substitutes for ozone-depleting II. Listing of Substitutes clearinghouse of alternative chemicals, substances (ODSs) under the U.S. III. Administrative Requirements product substitutes, and alternative Environmental Protection Agency’s IV. Additional Information manufacturing processes that are available for products and (EPA) Significant New Alternatives I. Section 612 Program Policy (SNAP) program. SNAP manufacturing processes which use implements section 612 of the Clean Air A. Statutory Requirements class I and II substances. Act, as amended in 1990, which Section 612 of the Clean Air Act B. Regulatory History requires EPA to evaluate substitutes for (CAA) authorizes EPA to develop a On March 18, 1994, EPA published the ODSs to reduce overall risk to program for evaluating alternatives to the Final Rulemaking (59 FR 13044) human health and the environment. ozone-depleting substances. EPA is which described the process for Through these evaluations, SNAP referring to this program as the administering the SNAP program and generates lists of acceptable and Significant New Alternatives Policy issued EPA’s first acceptability lists for unacceptable substitutes for each of the (SNAP) program. The major provisions substitutes in the major industrial use major industrial use sectors. The of section 612 are: sectors. These sectors include: intended effect of the SNAP program is • Rulemaking—Section 612(c) refrigeration and air conditioning; foam to expedite movement away from ozone- requires EPA to promulgate rules blowing; solvent cleaning; fire depleting compounds while avoiding a making it unlawful to replace any class suppression and explosion protection; shift into substitutes posing other I (chlorofluorocarbon, halon, carbon sterilants; aerosols; adhesives, coatings environmental problems. tetrachloride, methyl chloroform, and inks; and tobacco expansion. These On March 18, 1994, EPA promulgated methyl bromide, and a final rulemaking setting forth its plan sectors comprise the principal industrial hydrobromofluorocarbon) or class II sectors that historically consumed large for administering the SNAP program, (hydrochlorofluorocarbon) substance and has since issued decisions on the volumes of ozone-depleting compounds. with any substitute that the The Agency defines a ‘‘substitute’’ as acceptability and unacceptability of a Administrator determines may present any chemical, product substitute, or number of substitutes. In this Final Rule adverse effects to human health or the alternative manufacturing process, (FRM), EPA is issuing its decisions on environment where the Administrator whether existing or new, that could the acceptability of certain substitutes has identified an alternative that (1) replace a class I or class II substance. included in a May 21, 1997 notice of reduces the overall risk to human health Anyone who produces a substitute must proposed rulemaking. Specifically, this and the environment, and (2) is provide the Agency with health and action clarifies the criteria for unique currently or potentially available. safety studies on the substitute at least fittings used in motor vehicle air- • Listing of Unacceptable/Acceptable 90 days before introducing it into conditioning systems, and addresses the Substitutes—Section 612(c) also interstate commerce for significant new acceptability of certain substitutes in the requires EPA to publish a list of the use as an alternative. This requirement fire suppression, solvent, and aerosol substitutes unacceptable for specific applies to chemical manufacturers, but sectors, and the unacceptability of uses. EPA must publish a corresponding may include importers, formulators or substitutes in the refrigeration and air list of acceptable alternatives for end-users when they are responsible for conditioning, solvents, aerosols, fire specific uses. introducing a substitute into commerce. suppression, and adhesives, coatings, & • Petition Process—Section 612(d) inks sectors. grants the right to any person to petition II. Listing of Substitutes EFFECTIVE DATE: May 28, 1999. EPA to add a substitute to or delete a To develop the lists of unacceptable ADDRESSES: Written comments and data substitute from the lists published in and acceptable substitutes, EPA are available in Docket A–91–42, U.S. accordance with section 612(c). The conducts screens of health and Environmental Protection Agency, OAR Agency has 90 days to grant or deny a environmental risk posed by various Docket and Information Center, 401 M petition. Where the Agency grants the substitutes for ozone-depleting Street, SW, Room M–1500, Mail Code petition, EPA must publish the revised compounds in each use sector. The 6102, Washington, DC 20460. The lists within an additional six months. outcome of these risk screens can be docket may be inspected between 8 a.m. • 90-day Notification—Section 612(e) found in the public docket, as described and 5:30 p.m. on weekdays. Telephone requires EPA to require any person who above in the ADDRESSES portion of this (202) 260–7548; fax (202) 260–4400. As produces a chemical substitute for a document. provided in 40 CFR part 2, a reasonable class I substance to notify the Agency Under section 612, the Agency has fee may be charged for photocopying. not less than 90 days before new or considerable discretion in the risk

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Fully Parts A–E below present a detailed 12; acceptable substitutes, i.e., those with discussion of the substitute listing • Low-side screw-on fittings for each no restrictions, can be used for all determinations by major use sector. refrigerant must differ from low-side applications within the relevant sector Tables summarizing listing decisions in screw-on fittings for all other end-use. Conversely, it is illegal to this Final Rule are in Table 1 and refrigerants, including CFC–12; • replace an ODS with a substitute listed Appendix H. Appendix H will appear in High-side screw-on fittings for a by SNAP as unacceptable. A pending the Code of Federal Regulations (CFR) at given refrigerant must differ from low- listing represents substitutes for which 40 CFR part 82. Listings in Table 1 will side screw-on fittings for that the Agency has not received complete not appear in the CFR and add to the list refrigerant, to protect against connecting data or has not completed its review of of alternatives acceptable with no a low-pressure system to a high-pressure the data. one; limitations. Such listings do not impose • After reviewing a substitute, the any sanction, nor do they remove any High-side quick-connect fittings for Agency may make a determination that prior license to use a substitute. The each refrigerant must differ from high- a substitute is acceptable only if certain comments contained in Appendix H side quick-connect fittings for all other conditions of use are met to minimize provide additional information on refrigerants, including CFC–12 (if they risk to human health and the exist); substitutes determined to be either • environment. Such substitutes are unacceptable, acceptable subject to Low-side quick-connect fittings for described as ‘‘acceptable subject to use narrowed use limits, or acceptable each refrigerant must differ from low- conditions.’’ Use of such substitutes subject to use conditions. Since side quick-connect fittings for all other without meeting associated use comments are not part of the regulatory refrigerants, including CFC–12 (if they conditions renders these substitutes decision, they are not mandatory for use exist); • High-side quick-connect fittings for unacceptable and subjects the user to of a substitute. Nor should the a given refrigerant must differ from low- enforcement for violation of section 612 comments be considered comprehensive side quick-connect fittings for that of the Clean Air Act. with respect to other legal obligations Even though the Agency can restrict refrigerant, to protect against connecting pertaining to the use of the substitute. the use of a substitute based on the a low-pressure system to a high-pressure However, EPA encourages users of potential for adverse effects, it may be one; necessary to permit a narrowed range of substitutes to apply all comments in • For each type of container, the use within a sector end-use because of their application of these substitutes, fitting for each refrigerant must differ the lack of alternatives for specialized regardless of any regulatory from the fitting for that type of container applications. Users intending to adopt a requirements. In many instances, the for all other refrigerants, including CFC– substitute acceptable with narrowed use comments simply allude to sound 12. limits must ascertain that other operating practices that have already For screw-on fittings, ‘‘differ’’ means acceptable alternatives are not been identified in existing industry and/ that either the diameter must differ by or building-code standards. Thus, many technically feasible. Companies must at least 1⁄16 inch or the thread direction document the results of their evaluation, of the comments, if adopted, would not must be reversed (i.e. right-handed vs. and retain the results on file for the require significant changes in existing left-handed). Simply changing the purpose of demonstrating compliance. operating practices for the affected thread pitch is not sufficient. For quick- This documentation shall include industry. connect fittings, ‘‘differ’’ means that a descriptions of substitutes examined A. Refrigeration and Air Conditioning— person using normal force and normal and rejected, processes or products in Class I tools (including wrenches) must not be which the substitute is needed, reason able to cross-connect fittings. Following for rejection of other alternatives, e.g., 1. Acceptable Subject to Use Conditions are some examples: performance, technical or safety a. CFC–12 Automobile and Non- • a 3⁄8 (6⁄16) inch outside diameter standards, and the anticipated date automobile Motor Vehicle Air screw-on fitting with a right-hand other substitutes will be available and Conditioners, Retrofit and New thread differs from a 5⁄16 inch outside projected time for switching to other diameter screw-on fitting with a right- available substitutes. Use of such (1) Criteria for Uniqueness of Fittings hand thread; substitutes in applications and end-uses Current SNAP regulations require that • a 3⁄8 inch outside diameter screw-on which are not specified as acceptable in each refrigerant used in motor vehicle fitting with a left-hand thread differs the narrowed use limit renders these air conditioning may only be used with from a 3⁄8 inch outside diameter screw- substitutes unacceptable. a set of fittings that is unique to that on fitting with a right-hand thread; In this final rule, EPA is issuing its refrigerant. This final rule clarifies • a 3⁄8 inch outside diameter screw-on decision on the acceptability of certain minimum criteria for uniqueness of fitting with a right-hand thread pitch of substitutes not previously reviewed by fittings. 18 threads/inch does not differ from a the Agency. Today’s rule incorporates In the course of retrofitting a motor 3⁄8 inch outside screw-on diameter decisions proposed on May 21, 1997, at vehicle air-conditioning (MVAC) fitting with a right-hand thread pitch of 62 FR 27873 (referred to hereinafter as system, servicers of these systems, 24 threads/inch; ‘‘the proposal’’). As described in the whether professional technicians or do- • a quick-connect fitting differs from final rule for the SNAP program (59 FR it-yourselfers, must affix fittings that are another quick-connect fitting if all 13044), EPA believes that notice-and- designed to work only with that combinations of the same type male and comment rulemaking is required to refrigerant. To meet that goal, servicers female parts (high, low, small can, 30- place any alternative on the list of must install fittings that satisfy the lb. cylinder) will not connect using prohibited substitutes, to list a requirements set forth below. normal tools.

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The sole exception to the 1⁄16 inch HFCs with high global warming • Uncertainty in ODP calculation; difference requirement is the difference potentials where better alternatives • CBM as a substitute for HCFC–141b; between the small can fittings for GHG– exist. For this reason, and the fact that • Comparison of CBM with CFC–113; • X4 and R–406A. The GHG–X4 small can NARM–22 contains HCFC–22, the use of CBM under the Montreal Protocol fitting uses a metric measurement, and this blend as an HCFC–22 substitute is phaseout; • Toxicological issues regarding is slightly less than 1⁄16 inch larger than unacceptable. CBM. the small can fitting for R–406A. EPA C. Solvents Cleaning has concluded that these fittings will a. Ozone Depletion Potential of not cross-connect, and therefore they 1. Acceptable Substitutes Chlorobromomethane may be used. No other exception exists, a. Metals Cleaning A number of the comments although EPA will consider any requests questioned the science employed in on a case-by-case basis. (1) HFC–4310mee HFC–4310mee is an acceptable calculating the ODP of CBM. Other 2. Response to Comments substitute for CFC–113 and methyl comments included studies to determine ODP conducted by separate A commenter noted that the fittings chloroform (MCF) in metals cleaning. This chemical does not deplete the groups. As these studies were for small cans of GHG–X4 are not 1⁄16 completed, they were added to the inch different from those of other ozone layer since it does not contain docket during the comment period. The refrigerants, and expressed concern that chlorine or bromine. Review under the differences in estimates from the studies the fittings would be disallowed under SNAP program and the Toxic resulted in a conference among the the criteria for uniqueness in today’s Substances Control Act premanufacture notification program determined that a modelers to compare results, and two of rule. The commenter further suggested time-weighted average workplace the modelers were found to have made that because the fittings were metric and exposure standard of 200 ppm and a miscalculations that affected their initial EPA had confirmed they would not workplace exposure ceiling of 400 ppm ODP estimates. Because the commenters cross-thread with other fittings, that an established by the submitting company were not privy to these collaborative exception be granted. EPA agrees and would adequately protect human health conversations amongst the modelers, the discusses this above. and that the industry can meet these Agency offers the following chronology B. Refrigeration and Air Conditioning— exposure limits using the types of to clarify the sequence of events leading Class II equipment specified in the product to the agreement on ODP values. safety information provided by the The initial studies performed on CBM 1. Unacceptable Substitutes chemical manufacturer. The ceiling were the following: ‘‘Estimates of the a. NARM–22 limit, established by the submitting Atmospheric Lifetime and ODP of NARM–22, which consists of HCFC– company, was set based on a potential CBM,’’ (Ko and Chang, 1994); 22, HFC–23, and HFC–152a, is acute central nervous system effect Calculation of the ODP of CBM (Pyle unacceptable as a substitute for HCFC– above 1500 ppm. and Bekki, 1994); ‘‘Evaluation of ODP for CBM and 1-Bromo-Propane,’’ 22 in all new and retrofitted end-uses. 2. Unacceptable Substitutes NARM–22 contains HCFC–22, which (Wuebbles, Jain, and Patten, 1997). a. Chlorobromomethane is a class II ozone-depleting substance. These studies produced ODP estimates EPA does not believe it is appropriate to Chlorobromomethane (CBM) is for CBM ranging from 0.05 to 0.28. replace a class II refrigerant with a blend unacceptable as a substitute for CFC– Because of inconsistencies between the containing a class II refrigerant. Listing 113, methyl chloroform (MCF), and models, Pyle, Bekki and Wuebbles met this blend as acceptable would be a HCFC–141b in metals cleaning, in the spring of 1997 to discuss the barrier to a smooth transition away from electronics cleaning and precision proper modeling procedures and ozone-depleting refrigerants. Other cleaning. CBM, also called Halon 1011, appropriate variables to be used. The alternatives to HCFC–22 are already has been used as a fire suppressant. EPA Pyle/Bekki model had not taken into acceptable that do not contain any has received notification that it can also account several key factors used in the ozone-depleting refrigerants. be used as a solvent and that it is a standard assessments for determining In addition, HFC–23 has a lifetime of potential substitute for the ozone- ODP in international forums (e.g., 250 years, and its 100-year global depleting solvents CFC–113, methyl WMO, 1995). The meeting resulted in a warming potential (GWP) is 11,700.1 chloroform and HCFC–141b. EPA clarification of various model Both of these characteristics are received a SNAP submission requesting parameters (e.g., atmospheric lifetimes considerably higher than other HFCs consideration of CBM as an acceptable and atmospheric transport of different and HCFCs. Other acceptable HCFC–22 substitute for CFC–113 and MCF in ozone-depleting compounds, relative substitutes do not contain such high solvents cleaning of metals, electronics, reactivity of bromine, losses to the global warming components. The 1993 and in precision cleaning. ocean sink), and recalculation of the Climate Change Action Plan directs EPA Recent model analyses establish a best original values. Based on their to narrow the scope of uses allowed for estimate for the ozone depletion reanalyses, the group estimated the ODP potential (ODP) for CBM in the range of for CBM, including the ocean sink, to be 1 GWPs and atmospheric lifetimes cited in this 0.07 to 0.15. Numerous other in the range of 0.07–0.15. document are from the Intergovernmental Panel on alternatives exist with either zero or Based on additional sensitivity Climate Change (IPCC) report entitled Climate much lower ODP that do not pose a analyses on the potential effects of the Change 1995—The Science of Climate Change, comparable risk. ocean sink and the nearly negligible IPCC Second Assessment Report. More recent effects of the soil sink, Wuebbles et al. values for GWPs and atmospheric lifetimes 3. Response to Comments published in the Scientific Assessment of Ozone (1997) determined an ODP range of Depletion: 1998, World Meteorological Organization Commenters identified six issues related 0.11–0.13. Subsequently, extensive Global Ozone Research and Monitoring Project— to the proposed determination for revisions were made to the underlying Report No. 44, may be somewhat different than the chlorobromomethane: two-dimensional model to reflect recent values cited here but do not alter any of the • technical or policy determinations by EPA in this Ozone depletion potential of data on various parameters including rule. chlorobromomethane; tropospheric chemistry and kinetic

VerDate 26-APR-99 11:55 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\A28AP0.027 pfrm02 PsN: 28APR3 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations 22985 rates, atmospheric transport rates, and exist with a lower ODP. HCFC–141b use comments raised on toxicity issues at ozone hole processes. Based on these is banned under section 610 of the this time because the SNAP decision is changes, Wuebbles et al. (1998) derived Clean Air Act (the nonessential based solely on the ODP of CBM. an ODP for CBM in the range of 0.08– products ban) for many uses, with D. Fire Suppression and Explosion 0.1, with the range reflecting exemptions limited to aerosol Protection uncertainty in the ocean sink for CBM. applications of wasp and hornet sprays, A semi-empirical model used by a mold release agents, solvent cleaners for 1. Acceptable Subject to Use Conditions researcher in the NOAA Aeronomy electronics applications, lubricants, a. Total Flooding Agents Laboratory generated an ODP range aircraft maintenance products, and comparable to the range derived in the spinnerette cleaner lubricants. (1) C3F8 analyses described above (Solomon, Considering that the ODP range for CBM C3F8 is acceptable as a Halon 1301 1997). is comparable to that of HCFC–141b and substitute where other alternatives are Considering all available model HCFC–141b is unacceptable as a not technically feasible due to results, EPA concludes that the best substitute solvent in all end-uses, the performance or safety requirements: (a) estimate for the ODP of CBM lies in the Agency sees no environmental benefit to because of their physical or chemical range 0.07 to 0.15 when an estimate for approving CBM. properties, or (b) where human exposure the ocean sink is included. This range to the extinguishing agents may result in is similar to the ODP for HCFC–141b, a d. Comparison of CBM with CFC–113 failure to meet applicable use compound also unacceptable for use as One commenter declared that the U.S. conditions. a solvent or adhesive, and whose use as EPA must compare the ODP of CBM See the discussion under ‘‘Response a solvent is allowed only for specific only to that of CFC–113, and not to the to Comments’’ (section II.D.4) of the aerosol applications exempted from the ODP of other substitutes. The Agency changes made to the use limits on this nonessential products prohibition under disagrees; under section 612(c) of the agent. See Appendix H for a complete section 610 of the Clean Air Act. Clean Air Act (CAA), the Agency is statement of the use conditions (unchanged) which apply to this agent b. Uncertainty in ODP Calculation required to compare substitutes to each other when they are available: in this end-use. One commenter suggested that EPA (2) C4F10 ‘‘* * * it shall be unlawful to replace any should not make decisions until all C4F10 is acceptable as a Halon 1301 class I or class II substance with any areas of uncertainty are resolved and substitute substance which the Administrator substitute where other alternatives are areas of disagreement among researchers determines may present adverse effects to not technically feasible due to have been understood. In fact, the human health or the environment, when the performance or safety requirements: (a) Agency has attempted to gather and Administrator has identified an alternative because of their physical or chemical assess all available information from the that reduces the overall risk to human health properties, or (b) where human exposure full range of experts on the ODP of and the environment and is currently or to the extinguishing agents may result in chlorobromomethane. Under section potentially available.’’ failure to meet applicable use 612 of the CAA, the Agency has the Recent model analyses establish a best conditions. obligation to reduce the overall risk to estimate for the ODP for CBM in the See the discussion under ‘‘Response human health and the environment range of 0.07 to 0.15. Numerous other to Comments’’ (section II.D.4) of the associated with substitutes to ozone- alternatives exist with either zero or a changes made to the use limits on this depleting substances. If new data much lower ODP that do not pose a agent. See Appendix H for a complete become available after final rulemaking comparable risk. Therefore, while the statement of the use conditions that are contrary to the current scientific Agency does compare the substitute to (unchanged) which apply to this agent understanding, section 612 of the CAA the substance being replaced, if there in this end-use. allows the Agency to reconsider its are alternatives that pose a lower overall (3) HFC–236fa SNAP decision in response to either a risk, EPA cannot list the substitute as HFC–236fa is acceptable as a Halon petition or additional information. acceptable. 1301 substitute when manufactured using any process that does not convert c. CBM as a substitute for HCFC–141b e. CBM under the Montreal Protocol perfluoroisobutylene directly to HFC– A commenter stated that in the past, Phaseout 236fa in a single step. HFC–236fa may the Agency has approved HCFC–141b A commenter stated that the Montreal be used in explosion suppression and while expressing concern for its ODP of Protocol does not require the phaseout explosion inertion applications without 0.11, but that such approval was of CBM. While Parties to the Protocol use limits, and may be used in fire warranted to assist in the goal of the have agreed to phase out many ozone- suppression applications where other Montreal Protocol and section 612 of the depleting substances, many other non-PFC agents or alternatives are not CAA to move usage away from other chemicals that pose risks to the ozone technically feasible due to performance compounds with higher ODPs (e.g., layer, including CBM, have not yet been or safety requirements: (a) because their CFCs). The commenter believed that the addressed. Nevertheless, the CAA gives physical or chemical properties, or (b) same analysis applies to CBM as a EPA authority to take actions more where human exposure to the substitute for HCFC–141b. The Agency stringent than the Montreal Protocol, extinguishing agents may result in disagrees with this comparison. In the and the Agency believes that section failure to meet applicable use case of HCFC–141b, there were no other 612 of the Act requires EPA to list CBM conditions. viable alternatives for specific end-uses, as an unacceptable substitute because of As discussed in the initial SNAP and consequently HCFC–141b was the environmental and health effect rulemaking (59 FR 13044, March 18, deemed acceptable despite its relatively risks that it poses. 1994), total flooding agents are high ODP. HCFC–141b is scheduled for acceptable for use in occupied areas a production phaseout in 2003, and has f. Toxicological Issues regarding CBM only under the following conditions: been listed as unacceptable in many Many commenters submitted 1. Where egress from an area cannot specific end-uses, including solvent comments regarding toxicological issues be accomplished within one minute, the end-uses, because available alternatives related to CBM. EPA is not addressing employer shall not use the agent in

VerDate 26-APR-99 11:55 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\A28AP0.027 pfrm02 PsN: 28APR3 22986 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations concentrations exceeding its ‘‘no or any other occupational safety and finds acceptable the production of HFC– observed adverse effect level’’ (NOAEL); health standard with respect to EPA’s 236fa in processes that do not convert 2. Where egress takes greater than 30 regulation of halon substitutes. In PFIB directly to HFC–236fa in a single seconds but less than one minute, the accordance with the National step. If a manufacturer wishes to employer shall not use the agent in a Technology Transfer and Advancement produce HFC–236fa directly from PFIB, concentration greater than its ‘‘lowest Act of 1995 (NTTAA), section 12(d), it must submit that process to EPA for observed adverse effect level’’ (LOAEL); EPA will work in consultation with review under SNAP. 3. Agent concentrations greater than OSHA to encourage development of HFC–236fa does not deplete the LOAEL are only permitted in areas technical standards to be adopted by stratospheric ozone. However, it has an not normally occupied by employees voluntary consensus standards bodies. atmospheric lifetime of 209 years and a provided that any employee in the area Once applicable consensus standards 100-year GWP of 6300. Concerns have can escape within 30 seconds. are established, EPA will rescind the been raised about this agent’s potential 4. The employer shall assure that no workplace standards established under atmospheric effects. Please see unprotected employees enter the area this rulemaking. discussion in the ‘‘Response to during agent discharge. In the original March 18, 1994 SNAP Comments’’ section II.D.4 on this issue. These conditions were derived from rulemaking (59 FR 13099), the Agency This agent should be handled so as to an OSHA safety and health standard made clear that in cases like this (where minimize unnecessary emissions, governing fire protection systems used EPA finds acceptable the use of an agent including: avoiding discharge testing in all workplaces (29 CFR part 1910, only under certain conditions), we have and training; providing a high level of subpart L). This OSHA standard is sought to avoid overlap with other maintenance to avoid leaks and designed to limit employee exposures to existing regulatory authorities. In setting accidental discharges; recovering HFC– toxic levels of gaseous agents used in conditions for the safe use of halon 236fa from fire protection equipment in fixed total flood systems. Because substitutes in the workplace under conjunction with testing or servicing; OSHA had not set specific workplace SNAP, EPA has specifically deferred to and destroying HFC–236fa or recycling standards for halon substitutes, EPA OSHA’s other regulations that govern it for later use. In addition, EPA adopted the relevant provisions of 29 workplace safety. As stated in the encourages manufacturers to develop CFR part 1910, subpart L to govern the preamble to the original SNAP rule at 59 aggressive product stewardship general use of halon substitute gaseous FR 13099, ‘‘EPA has no intention to programs to help users avoid such agents. As stated in the original SNAP assume responsibility for regulating unnecessary emissions. rulemaking, EPA specifically defers to workplace safety especially with respect While HFC–236fa may be used OSHA and has no intention to assume to fire protection, nor does the Agency without ‘‘last resort’’ use restrictions in responsibility for regulating workplace intend SNAP regulations to bar OSHA explosion protection applications, this safety in regard to fire protection (59 FR from regulating under its Public Law is not so for other total flooding 13099 and 13101; also see discussion 91–596 authority.’’ applications, see section II.D.2 below. directly below). In the March 18, 1994 final SNAP rule Before users adopt it for general fire The cardiac sensitization NOAEL of (59 FR 13044), EPA required suppression applications in the total HFC–236fa is 10.0% (by volume) and its manufacturers to submit information on flooding end-use, they must first LOAEL is 15%. Cup burner tests with manufacturing processes to allow an ascertain that other non-PFC substitutes heptane indicate that the assessment of the risks posed to the or alternatives are not technically extinguishment concentration for this general public and workers. EPA feasible due to performance or safety agent is 5.3%, thus making its clarified in that action that acceptability requirements. In contrast, if a PFC is the calculated design concentration 6.4%. determinations made on the basis of one only other substitute that is technically Compared to the cardiac sensitization company’s submission would apply to feasible due to performance or safety values, these concentrations provide a the same chemical produced by other requirements, then this agent may be sufficient margin of safety for use in a manufacturers, obviating the need for used in a general fire suppression normally occupied area. HFC–236fa can duplicative reporting requirements and application. Potential users are expected replace Halon 1301 at a ratio of 1.3 by review. However, manufacturers who to evaluate the technical feasibility of weight and 1.5 by volume. Due to its believe a given manufacturing process other non-PFC substitutes or relatively high boiling point of minus may pose additional risks beyond those alternatives to determine their adequacy 1.6 degrees centigrade, this agent may posed by other processes involving the to control the particular fire risk. Such not be suitable in a low temperature same chemical were required to alert assessment may include an evaluation environment. EPA to that increased hazard. The of the performance or functional The exposure concentration limits February 8, 1996 (61 FR 4736) Notice of effectiveness of the non-PFC agents for referred to here, set as conditions of Acceptability specifically discussed the the intended applications as well as the acceptability under SNAP, are intended manufacturing process used in making risk to personnel potentially exposed to to protect worker safety in the absence HFC–236fa, and that discussion is the agent. Similarly, use of HFC–236fa of OSHA or other workplace limits repeated below. would be appropriate where use of other established under voluntary consensus EPA is aware of several methods for non-PFC substitutes or alternatives bodies. As suggested by the court in manufacturing HFC–236fa, including would violate the workplace safety use Southern Pacific Transp. Co. v. Usery, one that produces HFC–236fa directly conditions set forth in the SNAP 539 F.2nd 386 (5th Cir.1976), ‘‘the scope from perfluoroisobutylene (PFIB). PFIB rulemakings and thus pose risks of of the exemption created by [OSHA] is an extremely toxic substance that adverse health effects. § 4(b)(1) is determined by the [Agency’s] could pose risks in very small To assist users in their evaluation for intent.’’ EPA wishes to clarify that it has concentrations. Thus, EPA believes it is general fire suppression applications, no intention of duplicating or displacing appropriate to distinguish among the EPA has prepared a list of vendors OSHA coverage related to the use of different methods for producing HFC– manufacturing halon substitutes and personal protective equipment (e.g., 236fa. This acceptability determination alternatives. Although users are not respiratory protection), fire protection, does not prohibit the manufacture of required to report the results of their hazard communication, worker training HFC–236fa directly from PFIB. Rather, it investigation to EPA, companies must

VerDate 26-APR-99 11:55 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\A28AP0.028 pfrm02 PsN: 28APR3 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations 22987 retain these results for five years for technically feasible due to performance applications. The weight equivalence of future reference. or safety requirements: (a) because of this agent is 1.66 pounds per pound of their physical or chemical, or (b) where Halon 1211. It has a cardiac 2. Acceptable Subject to Narrowed Use human exposure to the extinguishing sensitization NOAEL of 9.0%, and a Limits agents may result in failure to meet LOAEL of 10.5%. (See preceding a. Total Flooding Agents applicable use conditions. discussion regarding OSHA and See the discussion under ‘‘Response voluntary consensus workplace (1) C3F8 to Comments’’ (section II.D.4) of the standards in section II. D.1) Its cup C3F8 is acceptable as a Halon 1301 changes made to the use limits on this substitute where other alternatives are burner extinguishment value is 5.8%. agent. No applicable use conditions not technically feasible due to This agent has no ozone depletion exist for this agent in the streaming performance or safety requirements: (a) potential, a 100-year GWP of 2,900 agent end-use. relative to carbon dioxide, and an because of their physical or chemical (2) HFC–236fa properties, or (b) where human exposure atmospheric lifetime of 36.5 years. It is HFC–236fa is acceptable as a Halon already listed as acceptable subject to to the extinguishing agents may result in 1211 substitute in nonresidential failure to meet applicable use use conditions for use in total flooding applications when manufactured using applications as an alternative to Halon conditions. any process that does not convert See the discussion under ‘‘Response 1301 (See 59 FR 13107, March 18, perfluoroisobutylene (PFIB) directly to 1994). to Comments’’ (section II.D.4) of the HFC–236fa in a single step. The cardiac changes made to the use limits on this sensitization NOAEL of HFC–236fa is 3. Unacceptable Substitutes agent. See Appendix H for a complete 10.0% and its LOAEL is 15%. (See a. Total Flooding Agents statement of the use conditions preceding discussion regarding OSHA, (1) Chlorobromomethane (unchanged) which apply to this agent HFC–236fa, and voluntary consensus in this end-use. Chlorobromomethane (CBM) is workplace standards in section II.D.1) unacceptable as a substitute for Halon (2) C4F10 Cup burner tests with heptane indicate 1301 in total flooding applications. C4F10 is acceptable as a Halon 1301 that the extinguishment concentration Recent analyses establish an ODP range substitute where other alternatives are for this agent is 5.3%. Compared to for CBM of 0.07 to 0.15. Other not technically feasible due to Halon 1211, HFC–236fa has a weight alternatives exist for total flooding performance or safety requirements: (a) equivalence of 1.08 to 2.15. because of their physical or chemical As discussed above, HFC–236fa does applications with lower or no ODP and properties, or (b) where human exposure not deplete stratospheric ozone. do not pose a comparable risk. For to the extinguishing agents may result in However, it has an atmospheric lifetime example, HFC–227ea, as well as several failure to meet applicable use of 209 years and a 100-year GWP of inert gases, have no ODP. Additionally, conditions. 6300. Concerns have been raised about current OSHA regulations prohibit the See the discussion under ‘‘Response this agent’s potential atmospheric use of CBM as an extinguishing agent in to Comments’’ (section II.D.4) of the effects. Please see discussion in fixed fire extinguishing systems where changes made to the use limits on this ‘‘Response to Comments’’ section II.D.4 employees may be exposed. See 29 CFR agent. See Appendix H for a complete regarding this issue. This agent should 1910.160(b)(11). statement of the use conditions be handled so as to minimize 4. Response to Comments (unchanged) which apply to this agent unnecessary emissions, including: EPA received 197 letters with in this end-use. avoiding discharge testing and training; comments related to proposed halon (3) HFC–236fa providing a high level of maintenance to substitute listings in the NPRM. Many of HFC–236fa is acceptable as a Halon avoid leaks and accidental discharges; the letters were identical. This section 1301 substitute when manufactured recovering HFC–236fa from the fire summarizes the major comments and using any process that does not convert protection equipment in conjunction provides EPA’s response to those perfluoroisobutylene (PFIB) directly to with testing or servicing; and destroying comments. A supplemental response to HFC–236fa in a single step. HFC–236fa HFC–236fa or recycling it for later use. comments document that addresses the may be used in explosion suppression In addition, EPA encourages remaining comments is available in the and explosion inertion applications, manufacturers to develop aggressive public docket for this rulemaking. The and may be used in fire suppression product stewardship programs to help comments addressed in this document applications where other non-PFC users avoid such unnecessary are grouped into the following four agents or alternatives are not technically emissions. major categories: feasible due to performance or safety Further, this agent may not be used in • Limits on PFCs and other long-lived requirements: (a) because of their residential applications, e.g., by a gases; physical or chemical properties, or (b) private individual in applications in or • HFC–236fa; where human exposure to the around a permanent or temporary • Unrelated issues; extinguishing agents may result in household, during recreation, or for any • Chlorobromomethane. failure to meet applicable use personal use or enjoyment. Use in conditions. Please see the section on watercraft or aircraft is excluded from a. Limits on PFCs and Other Long-lived ‘‘Acceptable Subject to Use Conditions’’ the definition of residential use. As Gases (II.D.1) for a complete discussion of this discussed in the ‘‘Response to (1) Description of Use Limits agent. This agent is subject to the use Comments’’ section II.D.4, the use of In the May 21, 1997 proposal, EPA conditions stated in that section. this agent in local application proposed a change in the description of the use limits (often referred to as ‘‘last b. Streaming Agents extinguishing systems in textile process machinery is considered to be a resort’’ use limits, first described in the (1) C6F14 streaming agent application. June 13, 1995 final rule, 60 FR 31100) C6F14 is acceptable as a Halon 1211 (3) HFC–227ea applicable to PFCs and other long-lived substitute in nonresidential applications HFC–227ea is acceptable as a Halon gases. Two commenters supported where other alternatives are not 1211 substitute in nonresidential EPA’s stated purpose in clarifying the

VerDate 26-APR-99 11:55 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\A28AP0.029 pfrm02 PsN: 28APR3 22988 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations language but disagreed with the a particular halon substitute. Thus, EPA alternatives are not technically feasible due proposed change in language. One of the believes the commenter’s concerns are to performance or safety requirements: (a) commenters opposed the proposed addressed by EPA’s proposed revised because of their physical or chemical change because it eliminates the language and therefore rejects the properties, or (b) where human exposure to the extinguishing agents may result in failure existing reference to cardiac proposed alternative language suggested to meet applicable use conditions.’’ sensitization. The commenter suggests by this commenter. that, despite EPA’s statement that it is A second commenter supported EPA’s (2) Changes to ‘‘Comments’’ Column not changing but only clarifying policy, proposed change in language, with one in CFR this change could be viewed by fire exception. The exception is EPA’s Each substitute reviewed under SNAP protection professionals, who might not proposed decision not to change the and found unacceptable, acceptable read the preamble discussion, as a phrase ‘‘or result in other unacceptable subject to narrowed use limits, or reduced concern by EPA for cardiac health effects under normal operating acceptable subject to use conditions is sensitization and therefore a change in conditions.’’ The commenter suggests listed in charts in the Code of Federal policy. This commenter proposed that this language may still allow for too Regulations by end-use. For each alternative language, as follows: much latitude regarding ability to select substitute, ‘‘comments’’ may be listed in PFCs as an acceptable alternative. The a separate column, and they provide ‘‘[X] is proposed acceptable as a Halon additional information on a substitute [1211/1301] substitute where other commenter recommends deleting the alternatives are not technically feasible due phrase or, if that is not possible, intended to help users apply sound to performance or safety requirements: (a) changing the phrase to specify the type operating practices (e.g., existing due to their chemical or physical properties of unacceptable health effects, i.e., industry standards) for listed or (b) where human exposure may result in hypoxia for inert gases or cardiac substitutes. EPA proposed a change to exposure to agent concentrations at or above sensitization for halocarbons. This the ‘‘comments’’ which apply to halon established cardiac sensitization levels or would prevent system designers or substitutes for which the ‘‘last resort’’ below safe oxygen levels, in a failure to meet use limits apply. One comment was other applicable use conditions or in other specifiers from using theoretical or unacceptable health effects under normal potentially insignificant health effects to received that opposed changing the operating conditions.’’ justify the use of PFCs. language from ‘‘making reasonable effort EPA acknowledges that the phrase ‘‘or to undertake the following measures’’ to In response, EPA reiterates that the ‘‘taking the following measures.’’ The proposed change in language is indeed result in other unacceptable health effects under normal operating commenter cites SNAP regulations at a clarification of, not a change in, policy § 82.180(b)(2), where the users and that reference to ‘‘failure to meet conditions’’ is vague, and leaves open the possibility of citing unnamed health intending to adopt a restricted substitute applicable use conditions’’ is the most are directed as follows: precise way to refer to the existing use effects as reasons for using otherwise conditions for any halon substitute. unacceptable halon substitutes. EPA’s —82.180(b)(2) Acceptable subject to use Existing SNAP use conditions for ‘‘clean use of this phrase in the original conditions. . . . Where users intending to language was intended to refer to adopt a substitute acceptable to use agent’’ halon substitutes (meaning they conditions must make reasonable efforts to dissipate rapidly, leaving no residue hypoxia for inert gases. Other than halocarbon clean agents for which ascertain that other alternatives are not thereby avoiding secondary damage to feasible due to safety, performance or the property they are protecting) are cardiac sensitization is the health effect technical reasons, documentation of this generally based on two measurements of of concern, inert gases were the only assessment must be retained on file for the exposure to health risks: the type of clean agents for which use purpose of demonstrating compliance. conditions were imposed. In making the concentration and the length of time a The commenter objects that EPA has proposed change to ‘‘failure to meet person is exposed to the agent. To not provided any basis for making the applicable use conditions,’’ EPA no describe the applicable use conditions change, and that any changes to an longer needs the phrase ‘‘or result in as ‘‘exposure to agent concentrations at existing regulation must be justified and other unacceptable health effects under or above established cardiac explained. The commenter states this normal operating conditions’’ because sensitization levels or below safe oxygen change unfairly singles out PFCs, and both specified health effects, i.e., levels’’ is imprecise (as is the original could confuse the user community in cardiac sensitization and hypoxia, are language, ‘‘may approach cardiac light of the regulatory language cited incorporated by reference to the sensitization levels’’) because it refers above. ‘‘applicable use conditions’’ of halon only to the exposure concentration, i.e., EPA may have caused some confusion substitutes. EPA’s proposal should have a ‘‘NOAEL,’’ ‘‘LOAEL,’’ ‘‘no effect by incorrectly indicating in the made a corresponding change to delete level,’’ or ‘‘lowest effect level,’’ and not preamble of the proposed rule that the the phrase ‘‘or result in other to the length of exposure. ‘‘last resort’’ use limits at issue here are unacceptable health effects under The applicable use conditions for ‘‘use conditions,’’ when in fact they are normal operating conditions,’’ or it each SNAP-listed acceptable halon not; instead, they are ‘‘narrowed use should have specifically identified other substitute are listed in the Code of limits.’’ The instructions to users are health effects that would be the basis of Federal Regulations chart in a column worded differently in the regulatory text proposed use conditions for particular immediately adjacent to the decision for these two different types of listing agents. The phrase adds no information column containing the narrowed use decisions. limit language, if applicable. See 40 CFR without identifying specific health ‘‘Narrowed use limits’’ are described part 82, subpart G, appendices A concerns, and contributes to the in § 82.180(b)(3) of the SNAP through G. It is easy for any fire imprecision of the original language. regulations, which provides that: protection professional to check the Thus, EPA accepts the commenter’s –82.180(b)(3) Acceptable subject to applicable use conditions to see the suggestion to delete this phrase, which EPA neglected to do in the proposal. narrowed use limits. . . . Users intending to cardiac sensitization NOAEL or LOAEL, adopt a substitute acceptable with narrowed or the oxygen deprivation ‘‘no effect The final language reads as follows: use limits must ascertain that other level’’ or ‘‘lowest effect level’’ by simply ‘‘[X] is proposed acceptable as a Halon alternatives are not technically feasible. reading the next column of the chart for [1211/1301] substitute where other Companies must document the results of

VerDate 26-APR-99 11:55 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\A28AP0.030 pfrm02 PsN: 28APR3 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations 22989 their evaluation, and retain the results on file conditions without providing sufficient the commenter in this regard. Further, for the purpose of demonstrating technical justification for those changes. as described above in discussing its compliance.’’ EPA acknowledges that the Agency response to the comments on the The ‘‘comments’’ language, as failed to formally notify the commenter substance of the proposed changes, EPA proposed, that users must observe the upon receipt of the petition, and EPA believes there is sufficient technical limits by ‘‘taking’’ certain steps, apologizes for this failure. EPA notes, justification for these changes, and that conforms to the regulatory language that however, that the commenter did the justification was discussed with users ‘‘must ascertain’’ that other contact the Agency to discuss the affected parties and adequately alternatives are not technically feasible. petition. This initial contact was explained in the preamble to the Thus, EPA is not changing the followed by several discussions between proposed rule. Both commenters who regulatory language but rather providing representatives of EPA and provided written comments on EPA’s ‘‘comment’’ language that is consistent representatives of the commenter over proposed language, including this with the existing regulations. Although several months, as well as a letter from commenter, stated they supported EPA’s these instructions are contained in the the commenter to EPA discussing the purpose in clarifying the language. ‘‘comments’’ column of the appendix to merits of the petition. b. HFC–236fa the final rule, the source of the Although EPA failed to meet the instructions is the SNAP regulation required notice provision of (1) Use Conditions and Limits itself. The only change is in the § 82.184(d)(1) of the SNAP regulations, EPA proposed various use conditions summary of this regulatory language the purpose of the notice requirement— and use limits for HFC–236fa as a which appears in the ‘‘comments’’ to provide the opportunity to streaming agent and as a total flooding column as a convenience to users of communicate on the merits of the agent. Many comments objected to the substitutes. petition—was in fact fulfilled. EPA did lack of proposed ‘‘last resort’’ use limits This change in wording does not not deny any opportunity to the to the streaming agent end-use of HFC– ‘‘unfairly single out’’ PFCs. EPA notes commenter to participate in discussing 236fa. One commenter also specifically that the same ‘‘last resort’’ use the merits of the petition. EPA has objected to the lack of proposed ‘‘last restrictions apply to a non-PFC placed in the docket for this rulemaking resort’’ use limits to explosion substitute, HFC–236fa, which is listed a description of the contacts between protection applications within the total in this final rule as acceptable as a total EPA staff and the commenter’s staff on flooding end-use of HFC–236fa. These flooding agent subject to these narrowed this subject; it is EPA’s belief that the comments were based on concerns that use limits. commenter fully participated in the since this substitute’s global warming (3) Procedural Aspects of EPA’s process of commenting on the merits of potential (GWP) is high and its review the petition. atmospheric lifetime is long, it should The May 21, 1997 proposal discussed EPA agrees that in certain cases it may be subject to the same ‘‘last resort’’ use a petition that EPA received asking for be appropriate to engage in technical restrictions in all end-use categories and reconsideration of the wording of use dialogue with affected companies and applications. conditions for PFCs and other long-lived other stakeholders to ensure that any One commenter stated that the GWP gases. EPA received one comment proposed rule resulting from a petition of HFC–236fa is between 6,300 and expressing concern that the procedure reflects such technical input. However, 8,000 and that its atmospheric lifetime for EPA’s review of this petition might the Agency notes that the SNAP is 250 years; others stated that the GWP be used in the future as a way to urge regulations do not require such of HFC–236fa is more than three times changes in proposed use conditions dialogue; rather, the regulations provide that of HFC–227ea. For HFC–236fa, the without providing sufficient technical EPA with the discretion to allow 1995 IPCC Second Assessment Report justification for those changes. internal or external experts an lists a GWP of 6,300 (on a 100-year Specifically, the commenter raises a opportunity to review the petition. The basis) not a range from 6,300 to 8,000, concern that it did not receive notice Agency will determine on a case-by-case and an atmospheric lifetime of 209 years from EPA of the petition, as basis if and when to seek review by not 250 years. (Based on information § 82.184(d)(1) of the SNAP regulations outside experts and whether additional available at the time, EPA listed the requires. Although, it is the original dialogue with others is appropriate. In atmospheric lifetime of HFC–236fa as submitter of the substitutes which were addition, § 82.184(d)(5) of the SNAP 250 years in the preamble to the May 21, the subject of the petition. Additionally, regulations requires EPA to follow 1997 proposed rule.) By comparison, the the commenter notes that the SNAP rule standard rulemaking procedures GWP (on a 100-year basis) for HFC– allows EPA to submit the petition for whenever the Agency grants a petition 227ea is listed in the 1995 IPCC Report review by appropriate experts inside to change an acceptable listing by as 2,900, which is roughly one-half the and outside EPA prior to proceeding to imposing or deleting use conditions or listed value for HFC–236fa. a proposed rule. The commenter limits, among other actions. Such Several commenters stated that the recommends that EPA should rely on rulemaking procedures require public GWP of HFC–236fa is higher than those this provision in the future to engage in notice and comment, which afford of the PFCs. In fact, the GWP of HFC– technical dialogue with affected interested parties the opportunity to 236fa for the 100-year time horizon is companies and other stakeholders to comment on the merits of EPA’s comparable to the GWP of many PFCs. ensure that any proposed rule resulting decision on a petition, or to recommend This is not the case, however, when from the petition reflects such technical that EPA consult with outside experts or comparisons are made in terms of GWPs input. others in a particular case. EPA has integrated over a longer time horizon In response, EPA regrets any concerns followed that process in this case. that reflects the significantly longer that may have been raised by the In any event, EPA notes that it did atmospheric lifetimes of PFCs. Because Agency’s process in reviewing this engage in dialogue with stakeholders, PFCs have atmospheric lifetimes at least petition, and assures the public that the including the commenter, on the merits an order of magnitude longer than HFC– Agency does not view the petition of this petition prior to publishing the 236fa (2,600 to 50,000 years for PFCs process as a way for interested parties proposed rule, and the description in versus 209 years for HFC–236fa), a more to urge changes in SNAP regulatory the docket explains EPA’s contacts with relevant comparison is in terms of

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GWPs integrated over 500 years. As EPA evaluates substitutes within a substitutes, HFC–236fa can serve a such, the GWP of HFC–236fa for the comparative risk framework in order to unique role in the explosion protection 500-year time horizon (4700 according fulfill both the mandate under Clean Air application of the total flooding agent to the 1995 IPCC report) is significantly Act section 612 to identify alternatives end-use, but not in the general fire lower than the 500-year GWP for any of to ozone-depleting substances which suppression applications of this end- the listed PFCs (which range between reduce overall risk to human health and use. 10,000 and 14,000). the environment, and the President’s Responses are given below to each of These commenters supported their direction under the CCAP. In evaluating the specific comments that emissions concerns with both general statements a potential substitute by comparing from streaming end-uses are high and regarding the need to limit use of risks, EPA compares the substitute to are at least as great, if not greater, greenhouse gases, and specific the original ODS it would replace and compared to total flooding end-uses. statements designed to show that the to other substitutes by use. Although it EPA notes that most of these statements streaming agent end-use would be may be desirable to compare restrictions were made without any specific highly emissive, and/or that the between end-uses such as streaming supporting data. streaming agent end-use would be at agents and total flooding agents, EPA’s (a) Expected discharge in a streaming least as, if not more, emissive than the SNAP determinations require a relative application would be greater than if total flooding end-use. The general comparison among all substitutes used in a flooding system. As noted previously, EPA’s SNAP statements include the following: (a) available for a particular end-use, as determinations require a relative HFC–236fa is 6,300 times more effective well as to the original ODS, at the time comparison among all substitutes than carbon dioxide in its global the comparison is made. See discussion available for a particular end-use, as warming potential; (b) HFC–236fa is not in the preamble to the original SNAP well as to the original ODS, at the time a byproduct or feedstock of another rule, 59 FR 13044 (March 18, 1994), at the comparison is made. Nevertheless, chemical’s production, which was the pages 13046 and 13067–13069. streaming agent uses in fire justification for SNAP listing of HFC– Thus, in evaluating the use of HFC– extinguishers, whether handheld, 23, another potent greenhouse gas, as a 236fa as a streaming agent, EPA wheeled, or vehicular, typically use total flooding agent; (c) the unrestricted compared its use to that of other SNAP- many fewer pounds of agent than total use of HFC–236fa as a streaming agent listed and proposed streaming agent substitutes currently available. Of clean flooding systems, which are piped into is tantamount to a decision to do an enclosed space to flood the enclosure nothing about global warming; and (d) agent substitutes for Halon 1211, there are no commercially available upon discharge. One would expect, the unrestricted use of HFC–236fa therefore, that discharges from contradicts President Clinton’s 1993 alternatives for general fire protection use with both zero ozone depletion streaming applications would be less Climate Change Action Plan (CCAP), potential and low toxicity. HFC–236fa per discharge than those from a flooding which directs EPA (in Action 40) to meets these criteria and thus can serve system. It is not clear whether the reduce the use of greenhouse gases as a unique role as a streaming agent, commenters who claimed that substitutes for ozone-depleting aiding in the transition from halons. ‘‘expected discharge in a streaming substances. Although some of the commercially application would be greater than if EPA appreciates the concerns for both available streaming agent substitutes used in a flooding system’’ (without any global warming potential and which are not clean agents have no supporting data) meant discharges per atmospheric lifetime. EPA does not ozone depletion potential and are low in unit or total discharges, which would disagree with the first two general toxicity, they are not as widely require data on the total number of units statements regarding the potency of applicable as halocarbon clean agent in each end-use and/or the rates of HFC–236fa as a greenhouse gas and this alternatives and thus are not suitable for discharge for each end-use. agent’s lack of status as a byproduct or general fire protection use. (b) Both streaming and flooding feedstock in another chemical process. EPA made a similar comparison of systems are intended to be discharged, With respect to the final two general SNAP-listed and proposed halon and are not closed systems. statements, EPA disagrees that the lack substitutes which are commercially EPA notes that all fire extinguishing of ‘‘last resort’’ restrictions on HFC– available in the total flooding agent end- uses are emissive by their nature, even 236fa in its use as a streaming agent is use. By contrast to the streaming agent though the cylinder or container which tantamount to a decision to do nothing end-use, there are commercially holds the agent is a ‘‘closed system’’ in about global warming, and that it available clean agent alternatives in the the sense that the chemical is contained contradicts Action 40 of the CCAP. In flooding agent end-use for general fire in equipment that precludes full discussing HFCs generally as a halon suppression which have both zero emission unless emission is triggered. In substitute in the preamble to the ozone depletion potential and low order to extinguish a fire, however, the original SNAP rule (59 FR 13100), EPA toxicity, such as HFC–227ea and the agent must be emitted from its noted that, because HFCs can contribute inert gases. In the explosion protection container. to global warming, they are included in application, however, which is a type of The emission of fire extinguishing the CCAP, and EPA is directed to limit total flooding use, the required design agents is usually only done in case of uses of gases with high global warming concentration is much higher than for fire, a life-threatening emergency. Other potentials as substitutes for ozone- general fire suppression. As a practical possible sources of emissions are depleting substances where better matter, this eliminates most of the leakage, accidental discharge, substitutes exist. EPA noted further that, SNAP-listed total flooding clean agent maintenance losses during servicing, because EPA is simultaneously also substitutes for use in explosion and discharge during testing and interested in promoting the broader shift protection except for HFC–23 and the training. EPA estimates the total amount away from ozone-depleting substances, PFCs, some of which have even higher of losses for leakage and discharges any limits on use will be imposed in GWPs, and all of which have longer other than for fire protection is less than ways that preserve as much flexibility as atmospheric lifetimes, than that of HFC– 5% per year. Of this amount, virtually possible for those trying to move to 236fa. By comparison to the none is due to testing and training. In alternatives. commercially available clean agent response to the phaseout of halon and

VerDate 26-APR-99 11:55 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\A28AP0.031 pfrm02 PsN: 28APR3 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations 22991 concerns over atmospheric impacts of 1301 substitute than as a Halon 1211 equivalencies to halon 1211 ranging both halon and halocarbon substitutes, substitute, and is probably more from 1.08 to 2.15. The product with 6.0 the fire protection community has efficient as a flooding agent than as a pounds of this agent, although it is still greatly decreased the use of fire streaming agent. listed by UL, has been replaced by the extinguishing agents in testing and Weight equivalence relates the system designer with a product training (formerly the single largest use number of pounds of substitute required containing 4.75 pounds of this agent, of halon fire extinguishers). There is to replace each pound of halon to with the same UL rating, resulting in a also a financial incentive to conserve achieve the same fire extinguishing weight equivalence to halon 1211 of halocarbon fire extinguishing agents capability. A substitute’s weight 2.15. Thus, this agent’s weight which serve as clean agent substitutes equivalence to halon is not the only equivalence to halon 1211 currently for halon because they are more measure of a substitute’s efficiency or ranges from 1.08 to 2.15, rather than a expensive than traditional fire effectiveness in extinguishing fires. A range of 1.1 to 1.5 as indicated in the extinguishing agents such as dry substitute’s extinguishing (or design) preamble to the proposed rule. chemical and foam. concentration is important as well as its Even if this agent’s efficiency and (c) Portable fire extinguishers are storage volume equivalence to halon. effectiveness as a halon replacement more numerous than flooding systems, Additional factors, which would be were in doubt, these characteristics are and are discharged more often. tested in full-scale performance fire not the only factors involved in making EPA has no data on the number of testing by independent testing a SNAP determination on the portable fire extinguishers versus laboratories in order to rate particular substitute’s acceptability. As stated in flooding systems, nor on relative products, include the extinguisher the preamble to the original SNAP rule, discharge rates of portables versus configurations, pressurization, nozzle at 59 FR 13101 (March 18, 1994), EPA flooding systems. No data were offered and valve assembly as well as other believes that efficacy of a substitute is by the commenters who claimed characteristics. EPA notes that several a consideration in decision making in portables are more numerous, and are portable fire extinguishing products the fire suppression sector in order to discharged more often. EPA believes using this agent have received help assess the risks of using a that this type of comparison is not performance ratings from an substitute, its health effects, and its relevant to the risk comparison of independent testing laboratory which potential to fill various niche markets. particular substitutes within a particular could not have happened without However, this is only one of many end-use, but EPA refers to its earlier satisfactory performance test results. characteristics of a substitute that are estimate of 5% total losses (not related These commenters provided no further evaluated in making a SNAP to fire suppression) from all fire information to support their statements determination which fulfills the section extinguishers as support for the that this agent may be more efficient 612 mandate to ‘‘reduce overall risk to statement that non-emergency emissions and more effective as a replacement for human health and the environment.’’ of halocarbon fire extinguishing agents halon 1301 in flooding systems than as See discussion in preamble to the in both streaming agent and total a replacement for halon 1211 as a original SNAP rule, 59 FR 13044 (March flooding agent end-uses is relatively streaming agent. EPA is not aware of 18, 1994) at pages 13054–13056, and at small. any evidence to support these pages 13068–13069, for more (d) This agent should be restricted to statements. information on the characteristics to be the ‘‘original design concept’’ of a Nevertheless, EPA notes that the evaluated. closed system such as refrigeration reported weight equivalencies in the (f) Since there are fewer limits on substitutes for CFC–114 in heat pumps, preamble to the proposed rule were testing and training for streaming which are subject to venting based on information in the SNAP agents, and more testing and training is prohibitions. submission, which has become outdated done with portable fire extinguishers This comment reflects concern about due to further commercial development than with flooding systems, the possible emissions from any fire of portable fire extinguishing equipment discussion in the preamble regarding extinguishing system, whether using this agent as a replacement for the need to minimize emissions during streaming or flooding. As noted above, halon 1211. EPA requested and obtained such activities should be equally as fire extinguishing systems are by nature current information from the system strict for streaming agent uses as for emissive but serve a valuable purpose in designer regarding this agent’s weight total flooding agent uses. preventing or mitigating danger to equivalence to halon 1211, and has EPA agrees that the discussion in the human health and property. Fire placed in the public docket for this preamble regarding the need to extinguisher emission rates are rulemaking the memo from the system minimize emissions during testing and relatively low and, when balanced designer providing this information, as training should be equally as strict for against the risks of fire emergencies, are well as information from Underwriters streaming agents as for total flooding extremely valuable. Comparing Laboratories, Inc., showing its current agents; these two discussions in the refrigeration uses to fire suppression listing information for portable fire preamble to the final rule are now the uses is not relevant to the risk extinguishing products containing this same. EPA notes that it has no comparison of particular fire agent. information to support or oppose the suppression substitutes within a The commenters are correct in statements made by these commenters particular end-use. Previous decisions identifying the weight equivalence of that there are fewer limits on testing and in another SNAP industrial sector are this agent to halon 1211 as 2.4 in the training for streaming agents, and that not relevant to decisions in a different portable fire extinguishing product more testing and training is done with SNAP industrial sector, just as decisions containing 6.0 pounds of this agent, portable fire extinguishers than with for a particular end-use within a single since it apparently replaced a product flooding systems. sector are not relevant to a different end- with equivalent fire extinguishment (2) Use in Local Application Systems use in the same sector. ratings containing 2.5 pounds of halon Under the SNAP program, halon (e) This agent has a lower weight 1211. However, there are three other substitutes have been categorized as equivalence to Halon 1301 than to sizes of portable extinguishers either those used in streaming Halon 1211, is more effective as a Halon containing this agent which have weight applications (manually dispensed from

VerDate 26-APR-99 11:55 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\A28AP0.032 pfrm02 PsN: 28APR3 22992 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations a hand-held or portable fire Five commenters urged EPA to list machinery by dissipating into the rest of extinguisher), or in total flooding and HFC–236fa acceptable for use in a third, the space where the machinery is explosion protection applications (a distinct category—‘‘local application’’ located. In neither case is there an alarm predetermined quantity of the gas is systems. Three of the five commenters before discharge or is the extinguishing dispensed into an enclosed space and specifically urged acceptability of this concentration maintained at a constant maintained at a certain concentration agent as a replacement for halon 1211 in level in an enclosed space as for total for a period of time throughout the local application systems; two of these flooding systems. entire protected space). Another well- three commenters specifically urged EPA’s evaluation of the characteristics recognized type of fire protection acceptability of this agent as a of local application systems, product, referred to as ‘‘local replacement for halon 1211 in textile particularly in the case of textile process application’’ or ‘‘pre-engineered’’ local process machinery, and indicated that machinery (which is the only case application extinguishing systems, is this type of use could be considered a presented to EPA with actual design not clearly considered either a streaming agent application. specifications for use of this agent in a streaming agent system or a total The remaining two commenters urged local application system) shows that flooding agent system. Local application EPA to list HFC–236fa acceptable for exposure patterns for this type of use are extinguishers are designed to release a use in local application systems as a more similar to streaming agents than set amount of an extinguishing agent replacement for either halon 1211 or total flooding agent systems. Evaluating from a fixed nozzle or nozzles directly halon 1301. One of these commenters the exposure risk of persons who are onto burning material. They have been urged EPA to create an additional near the textile process machinery when used to provide fire protection for category for ‘‘pre-engineered systems’’ a local application system is discharged specialized industrial uses such as or ‘‘local application systems’’ or ‘‘pre- requires modifying the streaming agent textile processing machinery. engineered local application systems,’’ methodology to account for the different The Agency received several which would be distinct from rate of release of the extinguishing comments, discussed below, that HFC– engineered total flooding systems. agent. Based on relevant system and The other commenter urged that EPA 236fa be listed acceptable for use in a exposure specifications provided by one list HFC–236fa acceptable for use in newly created category of local of the commenters, EPA has made these local application systems as a type of application or pre-engineered systems. modifications. The Agency’s analyses streaming agent application, presumably Elsewhere in today’s action, HFC–236fa project that local application as a replacement for halon 1211, and extinguishing systems using HFC–236fa is being listed as acceptable for use as acceptable for use in local application located inside textile process machinery a substitute for halon 1211 and halon systems as a type of total flooding agent would maintain worker exposures 1301 in fire suppression and explosion application, presumably as a below the cardiotoxicity NOAEL and protection; the Agency does not believe replacement for halon 1301. This LOAEL concentrations. it is necessary or appropriate at this commenter specifically urged EPA to In summary, EPA agrees with the time, however, to designate under SNAP consider such local application uses in suggestion of some of the commenters a new category of fire protection the total flooding agent category as that the use of HFC–236fa in local specifically for local application ‘‘without prejudice’’ (similar to the application systems inside textile systems. proposal for use in explosion process machinery as a replacement for Although the vast majority of fire suppression and explosion inertion halon 1211 is covered by the protection systems using halon and applications in the total flooding agent acceptability listing of this agent in the halon substitutes can be classified as category) and therefore not subject to streaming agent end-use. Local streaming agents or total flooding agent the ‘‘last resort’’ restrictions which EPA application systems other than those systems, the local application systems proposed for general fire suppression used inside textile process machinery defy easy classification in either applications in the total flooding agent are not included in the streaming agent category. Unlike total flooding systems, category. end-use since EPA’s review is based they are not designed to distribute the Based on the description from the solely on the specifications for such extinguishing agent evenly at a specific commenters of local application systems systems in textile process machinery. design concentration maintained generally, and local application systems Thus, EPA rejects suggestions by some throughout the entire volume of the for textile process machinery of the commenters that this agent be protected space and, unlike streaming specifically, neither of EPA’s existing listed acceptable as a replacement for agents, they are not designed to allow a risk assessment methodologies for halon halon 1211 in local application systems person to manipulate the discharge substitutes are relevant to local generally. direction or quantity of the application systems. The existing Since EPA has no specific information extinguishing agent. Local application methodology for evaluating end-use on the potential use of this agent in or pre-engineered systems are exposure to streaming agent substitutes local application systems as a mentioned in and may be subject to assumes the discharged extinguishing replacement for halon 1301, and since parts of National Fire Protection agent will be completely released into the methodology for evaluating Association (NFPA) standards which the protected space immediately exposure to total flooding agents is not apply to total flooding systems (NFPA following its discharge, resulting in a appropriate for the textile processing 12, 12A, and 2001, for example). high concentration of extinguishing machinery system, EPA does not agree However, as mentioned by two agent which eventually disperses that local application systems using this commenters referred to below, local throughout the space at lower agent as a replacement for halon 1301 application systems primarily use halon concentrations. Local application are covered by the total flooding agent 1211 (which is more commonly systems for textile process machinery, end-use. Thus, EPA is rejecting associated with streaming agents), rather by contrast, discharge the extinguishing suggestions by some of the commenters than halon 1301 (which is more agent at a very high concentration into that this agent be listed acceptable as a commonly associated with total the localized protected space, inside the replacement for halon 1301 in local flooding agents), as the fire machinery. The extinguishing agent is application systems, either as a separate extinguishant. eventually released outside the end-use or as part of the total flooding

VerDate 26-APR-99 11:55 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\A28AP0.033 pfrm02 PsN: 28APR3 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations 22993 end-use. EPA welcomes information discussion of listings of all substitutes (2) HCFC–225 ca/cb about potential uses of this agent and in a particular rulemaking. EPA can use HCFC–225 ca/cb is an acceptable other halon substitutes in local its grandfathering authority, within the substitute for CFC–113 and methyl application systems as a replacement for limits described above, any time it chloroform (MCF) in aerosols. HCFC– either halon 1211 or halon 1301, and changes a listing of a substitute. EPA 225 ca/cb blend is offered as a 45%-ca/ may consider creating a separate end- did not intend, however, to create 55%-cb blend. The company-set use for local application extinguishing confusion by including this language in exposure limit for the -ca isomer is 25 systems in the future. EPA notes the the listing of this particular substitute ppm. The company-set exposure limit potential for environmental benefit if alone; thus, EPA is deleting any for the -cb isomer is 250 ppm. Based on more use is made of these systems since reference in this final rule to potential the results of exposure assessment they may require relatively small grandfathering in this sector and refers studies, it is EPA’s opinion that amounts of extinguishing agent and end-users to the discussion of companies can meet the 25 ppm limit of pose less risk of occupational exposure grandfathering in the original SNAP rule the HCFC–225 ca isomer in defluxing than other types of fire extinguishing as described above. and cleaning providing that the systems, such as total flooding systems. standard operating procedures and c. Unrelated Issues (3) ‘‘Grandfathering’’ Existing Uses of employee work habits are conducted in HFC–236fa EPA received one letter with accordance with the procedures One commenter took issue with the comments purportedly relating to this specified in the product safety following paragraph, which appeared in proposal but which actually are information provided by the chemical Section III.D.3 of the preamble to the unrelated. This commenter asked that manufacturer. proposed rule and was incorporated by EPA modify the use conditions and/or reference in the proposed listing of change to unacceptable several halon 2. Unacceptable HFC–236fa acceptable subject to use substitutes currently listed as acceptable a. Chlorobromomethane conditions in the total flooding agent by SNAP. Since none of these listings Chlorobromomethane is unacceptable end-use: was proposed to be changed in this as a substitute for CFC–113, methyl rulemaking, the comments are not ‘‘In the event of the development of chloroform, and HCFC–141b in aerosols. relevant to this final rule. In any event, acceptable alternatives which EPA finds See the discussion of CBM in section should not only replace halon 1301 and the commenter did not provide II.C.2 above in the metals cleaning end- HFC–236fa in new systems, EPA may adequate information to justify re- use within the solvents cleaning sector. grandfather existing uses but only to the opening the listings which were made extent warranted by cost and timing as through notice-and-comment 3. Response to Comments outlined in the original SNAP rule discussion of grandfathering of unacceptable substitutes rulemakings in the past. A more EPA incorporates by reference the (59 FR 13057).’’ complete discussion of this comment response to comments on and EPA’s response is contained in the The commenter requested that this chlorobromomethane in the solvents Supplemental Response to Comments cleaning sector, II.C.3. paragraph be modified and relocated. which is available in the public docket The commenter believes that such for this rulemaking. F. Adhesives, coatings, and inks discussion is inappropriate when specifically isolated to comments about d. Chlorobromomethane 1. Unacceptable one particular substitute; to the extent As described in the response to a. Chlorobromomethane this may be consistent with EPA’s comments received under the Solvents; Chlorobromomethane is unacceptable mandate under the Act, the commenter Aerosols; and Adhesives, Coatings, and states it should be clear to potential end- as a substitute for CFC–113, methyl Inks sectors, EPA received several chloroform, and HCFC–141b in users that the comments apply to all comments on its proposal listing of alternatives or to all members of a adhesives, coatings and inks. See the chlorobromomethane as unacceptable in discussion of CBM in section II.C.2 defined class of alternatives. those sectors. The same comments EPA has included similar language in above in the metals cleaning end-use apply to the proposed listing of CBM as within the solvents cleaning sector. the preamble discussion of specific unacceptable in the total flooding end- listings of substitutes in previous use in the Fire Suppression and 2. Response to Comments rulemakings. (See discussion of PFCs as Explosion Protection sector with respect EPA incorporates by reference the acceptable subject to narrowed use to its ozone depletion potential. See the response to comments on limits in the Solvents sector in the discussion of the ODP of CBM under the chlorobromomethane in the solvents original SNAP rule (March 18, 1994) at solvents section, II.C.3. Specific cleaning sector, II.C.3. 59 FR 13095-13096). This commenter information related to flooding systems suggests this statement by EPA is is discussed under the unacceptable III. Administrative Requirements consistent with the scope of EPA’s determination for CBM, II.D.3. A. Executive Order 12866 authority to permit the continuation of activities otherwise restricted where the E. Aerosols Under Executive Order 12866 (58 FR balance of equities supports such 1. Acceptable Substitutes 51735; October 4, 1993), the Agency grandfathering. See discussion in the must determine whether the regulatory preamble of the original SNAP rule (59 a. Solvents action is ‘‘significant’’ and therefore FR 13057). (1) HFC–4310mee subject to OMB review and the EPA believes, since this language is HFC–4310mee is an acceptable requirements of the Executive Order. merely a statement of the Agency’s substitute for CFC–113 and methyl The Order defines ‘‘significant authority and not a stated intention to chloroform (MCF) in aerosols. For regulatory action’’ as one that is likely take such action, it is appropriate to further information, see the discussion to result in a rule that may: (1) have an include this statement in discussion of of HFC–4310mee in section II.C.1 above annual effect on the economy of $100 listings of any substitute, even if this in the metals cleaning end-use within million or more or adversely affect in a statement is not included in its the solvents cleaning sector. material way the economy, a sector of

VerDate 26-APR-99 11:55 Apr 27, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\A28AP0.034 pfrm02 PsN: 28APR3 22994 Federal Register / Vol. 64, No. 81 / Wednesday, April 28, 1999 / Rules and Regulations the economy, productivity, competition, the least costly, most cost-effective, or substitutes acceptable subject to jobs, the environment, public health or least burdensome alternative. Because narrowed use limits, and record-keeping safety, or State, local, or tribal small governments will not be for small volume uses. The OMB governments or communities; (2) create significantly or uniquely affected by this Control Numbers are 2060–0226 and a serious inconsistency or otherwise rule, the Agency is not required to 2060–0350. interfere with an action taken or develop a plan with regard to small E. Submission to Congress and the planned by another agency; (3) governments. Finally, because this FRM Comptroller General materially alter the budgetary impact of does not contain a significant entitlement, grants, user fees, or loan intergovernmental mandate, the Agency The Congressional Review Act, 5 programs or the rights and obligations of is not required to develop a process to U.S.C. 801 et seq., as added by the Small recipients thereof; or (4) raise novel obtain input from elected state, local, Business Regulatory Enforcement legal or policy issues arising out of legal and tribal officials. Fairness Act of 1996, generally provides mandates, the President’s priorities, or that before a rule may take effect, the C. Regulatory Flexibility the principles set forth in the Executive agency promulgating the rule must Order. The Regulatory Flexibility Act (RFA) submit a rule report, which includes a Pursuant to the terms of Executive generally requires an agency to conduct copy of the rule, to each House of the Order 12866, OMB notified EPA that it a regulatory flexibility analysis of any Congress and to the Comptroller General considers this a ‘‘significant regulatory rule subject to notice and comment of the United States. EPA will submit a action’’ within the meaning of the rulemaking requirements unless the report containing this rule and other Executive Order and EPA submitted this agency certifies that the rule will not required information to the U.S. Senate, action to OMB for review. Changes have a significant economic impact on the U.S. House of Representatives, and made in response to OMB suggestions or a substantial number of small entities. the Comptroller General of the United recommendations have been Small entities include small businesses, States prior to publication of the rule in documented in the public record. small not-for-profit enterprises, and the Federal Register. This rule is not a small governmental jurisdictions. This ‘‘major rule’’ as defined by 5 U.S.C. B. Unfunded Mandates Act rule would not have a significant impact 804(2). Section 202 of the Unfunded on a substantial number of small entities Mandates Reform Act of 1995 because costs of the SNAP requirements F. Executive Order 13045: ‘‘Protection of (‘‘Unfunded Mandates Act’’) (signed as a whole are expected to be minor. In Children From Environmental Health into law on March 22, 1995) requires fact, this rule offers regulatory relief to Risks and Safety Risks’’ that the Agency prepare a budgetary small businesses by providing Executive Order 13045: ‘‘Protection of impact statement before promulgating a alternatives to phased-out ozone- Children from Environmental Health rule that includes a Federal mandate depleting substances. EPA has Risks and Safety Risks’’ (62 FR 19885, that may result in expenditure by state, determined that it is not necessary to April 23, 1997) applies to any rule that: local, and tribal governments, in prepare a regulatory flexibility analysis (1) is determined to be ‘‘economically aggregate, or by the private sector, of in connection with this final rule. The significant’’ as defined under E.O. $100 million or more in any one year. actions herein may well provide 12866, and (2) concerns an Section 203 requires the Agency to benefits for small businesses anxious to environmental health or safety risk that establish a plan for obtaining input from examine potential substitutes to any EPA has reason to believe may have a and informing, educating, and advising ozone-depleting class I and class II disproportionate effect on children. If any small governments that may be substances they may be using, by the regulatory action meets both criteria, significantly or uniquely affected by the requiring manufacturers to make the Agency must evaluate the rule. Section 204 requires the Agency to information on such substitutes environmental health or safety effects of develop a process to allow elected state, available. Therefore, I certify that this the planned rule on children, and local, and tribal government officials to action will not have a significant explain why the planned regulation is provide input in the development of any economic impact on a substantial preferable to other potentially effective action containing a significant Federal number of small entities. and reasonably feasible alternatives intergovernmental mandate. Under D. Paperwork Reduction Act considered by the Agency. section 205 of the Unfunded Mandates This final rule is not subject to the Act, the Agency must identify and EPA has determined that this final Executive Order because it is not consider a reasonable number of rule contains no information economically significant as defined in regulatory alternatives before requirements subject to the Paperwork E.O. 12866, and because the Agency promulgating a rule for which a Reduction Act, 44 U.S.C. 3501 et seq., does not have reason to believe the budgetary impact statement is prepared. that are not already approved by the environmental health or safety risks The Agency must select from those Office of Management and Budget addressed by this action present a alternatives the least costly, most cost- (OMB). OMB has reviewed and disproportionate risk to children, as the effective, or least burdensome approved two Information Collection exposure limits and acceptability alternative that achieves the objectives Requests (ICRs) by EPA which are listings in this final rule primarily apply of the rule, unless the Agency explains described in the March 18, 1994 to the workplace. why this alternative is not selected or rulemaking (59 FR 13044, at 13121, the selection of this alternative is 13146–13147) and in the October 16, G. Executive Order 12875: Enhancing inconsistent with law. 1996 rulemaking (61 FR 54030, at Intergovernmental Partnerships Because this final rule is estimated to 54038–54039). These ICRs included five Under Executive Order 12875, EPA result in the expenditure by State, local, types of respondent reporting and may not issue a regulation that is not and tribal governments or the private record-keeping activities pursuant to required by statute and that creates a sector of less than $100 million in any SNAP regulations: submission of a mandate upon a State, local or tribal one year, the Agency has not prepared SNAP petition, filing a SNAP/TSCA government, unless the Federal a budgetary impact statement or Addendum, notification for test government provides the funds specifically addressed the selection of marketing activity, record-keeping for necessary to pay the direct compliance

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SOLVENTS CLEANINGÐACCEPTABLE SUBSITUTES

End-use Substitute Decision Comments

Metals cleaning w/CFC±113 ...... HFC±4310mee .. Acceptable ...... Company-set time-weighted average workplace exposure standard of 200 ppm, and a workplace exposure ceiling of 400 ppm. Metals cleaning w/MCF ...... HFC±4310mee .. Acceptable ...... Company-set time-weighted average workplace exposure standard of 200 ppm and a workplace exposure ceiling of 400 ppm.

AEROSOLSÐACCEPTABLE SUBSTITUTES

End-use Substitute Decision Comments

Solvent in aerosols w/CFC±113 ..... HFC±4310mee .. Acceptable ...... Company-set time-weighted average workplace exposure standard of 200 ppm, and a workplace exposure ceiling of 400 ppm. Solvent in aerosols w/MCF ...... HFC±4310mee .. Acceptable ...... Company-set time-weighted average workplace exposure standard of 200 ppm, and a workplace exposure ceiling of 400 ppm. Solvent in aerosols w/CFC±113 ..... HCFC±225ca/cb Acceptable ...... Company-set time weighted average exposure limit of 25 ppm for the HCFC±225 ca isomer. Solvent in aerosols w/MCF ...... HCFC±225ca/cb Acceptable ...... Company-set time weighted average exposure limit of 25 ppm for the HCFC±225 ca isomer.

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For the reasons set out in the (1) high-side screw-on fittings for each a low-pressure system to a high-pressure preamble, 40 CFR part 82 is amended as refrigerant must differ from high-side one; follows: screw-on fittings for all other (7) for each type of container, the refrigerants, including CFC–12, and PART 82ÐPROTECTION OF fitting for each refrigerant must differ from low-side screw-on fittings for CFC– from the fitting for that type of container STRATOSPHERIC OZONE 12; for all other refrigerants, including CFC– 1. The authority citation for Part 82 (2) low-side screw-on fittings for each 12. continues to read as follows: refrigerant must differ from low-side screw-on fittings for all other (b) For screw-on fittings, ‘‘differ’’ Authority: 42 U.S.C. Sec. 7414, 7601, means that either the diameter must 7671–7671q. refrigerants, including CFC–12; differ by at least 1⁄16 inch or the thread 2. Subpart G is amended by adding (3) high-side screw-on fittings for a given refrigerant must differ from low- direction must be reversed (i.e. right- the following Appendix H to read as handed vs. left-handed). Simply follows: side screw-on fittings for that refrigerant, to protect against connecting changing the thread pitch is not Subpart GÐSignificant New a low-pressure system to a high-pressure sufficient. For quick-connect fittings, Alternatives Policy Program one; ‘‘differ’’ means that a person using (4) high-side quick-connect fittings for normal force and normal tools * * * * * each refrigerant must differ from high- (including wrenches) must not be able Appendix H to Subpart G—Substitutes side quick-connect fittings for all other to cross-connect fittings. Subject to Use Restrictions and refrigerants, including CFC–12 (if they (c) The sole exception to the 1⁄16 inch Unacceptable Substitutes, Effective May exist); difference requirement is the difference 28, 1999. (5) low-side quick-connect fittings for between the small can fittings for GHG– CFC–12 Automobile and Non- each refrigerant must differ from low- X4 and R–406A. The GHG–X4 small can automobile Motor Vehicle Air side quick-connect fittings for all other fitting uses a metric measurement, and Conditioners, Retrofit and New refrigerants, including CFC–12 (if they is slightly less than 1⁄16 inch larger than exist); the small can fitting for R–406A. EPA Criteria for Uniqueness of Fittings (6) high-side quick-connect fittings for has concluded that these fittings will (a) All fittings for alternative motor a given refrigerant must differ from low- not cross-connect, and therefore they vehicle refrigerants must meet the side quick-connect fittings for that may be used. following requirements: refrigerant, to protect against connecting

REFRIGERATION AND AIR CONDITIONINGÐUNACCEPTABLE SUBSTITUTES

End-use Substitute Decision Comments

All HCFC±22 end-uses, retrofit and NARM±22 ...... Unacceptable .... This blend contains HCFC±22, and it is inappropriate to use such a new. blend as a substitute for HCFC±22. In addition, this blend con- tains HFC±23, which has an extremely high GWP and lifetime. Other substitutes for HCFC±22 exist that do not contain either HCFC±22 or HFC±23.

SOLVENTS CLEANINGÐUNACCEPTABLE SUBSTITUTES

End-use Substitute Decision Comments

Metals, Electronic, and Precision Chlorobromo- Unacceptable .... Other alternatives exist with zero or much lower ODP. cleaning with CFC±113, methyl methane. chloroform, and HCFC±141b.

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FIRE SUPPRESSION AND EXPLOSION PROTECTIONÐTOTAL FLOODING AGENTSÐACCEPTABLE SUBJECT TO USE CONDITIONS

End-use Substitute Decision Conditions Comments

Halon 1301 re- C3F8 Acceptable for nonresidential For occupied areas from which The comparative design con- placement. uses where other alternatives personnel cannot be evacu- centration based on cup burner are not technically feasible due ated in one minute, use is per- values is approximately 8.8%. to performance or safety re- mitted only up to concentra- Users should observe the limi- quirements: tions not exceeding the tations on PFC acceptability by (a) because of their physical or cardiotoxicity NOAEL of 30%; taking the following measures: chemical properties, or Although no LOAEL has been (i) conduct an evaluation of fore- (b) where human exposure to the established for this product, seeable conditions of end-use; extinguishing agents may re- standard OSHA requirements (ii) determine that the physical or sult in failure to meet applica- apply, i.e., for occupied areas chemical properties or other ble use conditions from which personnel can be technical constraints of the evacuated or egress can occur other available agents preclude between 30 and 60 seconds, their use; and use is permitted up to a con- (iii) determine that human expo- centration not exceeding the sure to the other alternative LOAEL. extinguishing agents may re- All personnel must be evacuated sult in failure to meet applica- before concentration of C3F8 ble use conditions. exceeds 30%. Documentation of such measures Design concentration must result should be available for review in oxygen levels of at least upon request. 16%. The principal environmental char- See additional comment 5 acteristic of concern for PFCs is that they have high GWPs and long atmospheric lifetimes. Actual contributions to global warming depend upon the quantities of PFCs emitted. For additional guidance regarding applications in which PFCs may be appropriate, users should consult the description of potential uses which is in- cluded in the March 18, 1994 final rule (59 FR 13044.) See additional comments 1, 2, 3, 4.

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FIRE SUPPRESSION AND EXPLOSION PROTECTIONÐTOTAL FLOODING AGENTSÐACCEPTABLE SUBJECT TO USE CONDITIONSÐContinued

End-use Substitute Decision Conditions Comments

Halon 1301 re- C4F10 Acceptable for nonresidential For occupied areas from which The comparative design con- placement. uses where other alternatives personnel cannot be evacu- centration based on cup burner are not technically feasible due ated in one minute, use is per- values is approximately 6.6%. to performance or safety re- mitted only up to concentra- Users should observe the limi- quirements: tions not exceeding the tations on PFC acceptability by (a) because of their physical or cardiotoxicity NOAEL of 40%; taking the following measures: chemical properties, or Although no LOAEL has been (i) conduct an evaluation of fore- (b) where human exposure to the established for this product, seeable conditions of end-use; extinguishing agents may re- standard OSHA requirements (ii) determine that the physical or sult in failure to meet applica- apply, i.e., for occupied areas chemical properties or other ble use conditions from which personnel can be technical constraints of the evacuated or egress can occur other available agents preclude between 30 and 60 seconds, their use; and use is permitted up to a con- (iii) determine that human expo- centration not exceeding the sure to the other alternative LOAEL. extinguishing agents may re- All personnel must be evacuated sult in failure to meet applica- before concentration of C4F10 ble use conditions. exceeds 40%. Documentation of such measures Design concentration must result should be available for review in oxygen levels of at least upon request. 16%. The principal environmental char- See additional comment 5 acteristic of concern for PFCs is that they have high GWPs and long atmospheric lifetimes. Actual contributions to global warming depend upon the quantities of PFCs emitted. For additional guidance regarding applications in which PFCs may be appropriate, users should consult the description of potential uses which is in- cluded in the March 18, 1994 final rule (59 FR 13044.) See additional comments 1, 2, 3, 4. Halon 1301 re- HFC±236fa Acceptable when manufactured For occupied areas from which The comparative design con- placement. using any process that does personnel cannot be evacu- centration based on cup burner not convert perfluoroiso-butyl- ated in one minute, use is per- values is approximately 6.4%. ene (PFIB) directly to HFC± mitted only up to concentra- Users should observe the limi- 236fa in a single step: tions not exceeding the tations on HFC±236fa accept- Ðfor use in explosion suppres- cardiotoxicity NOAEL of 10%; ability by taking the following sion and explosion inertion ap- For occupied areas from which measures: plications, and personnel can be evacuated or (i) conduct an evaluation of fore- Ðfor use in fire suppression ap- egress can occur between 30 seeable conditions of end-use; plications where other non- and 60 seconds, use is per- (ii) determine that the physical or PFC agents or alternatives are mitted up to a concentration chemical properties or other not technically feasible due to not exceeding the LOAEL of technical constraints of the performance or safety require- 15%; other available agents preclude ments: All personnel must be evacuated their use; and (a) because of their physical or before concentration of HFC± (iii) determine that human expo- chemical properties, or 236fa exceeds 15%. sure to the other alternative (b) where human exposure to the Design concentration must result extinguishing agents may re- extinguishing agents may re- in oxygen levels of at least sult in failure to meet applica- sult in failure to meet applica- 16%. ble use conditions. ble use conditions See additional comment 5 Documentation of such measures should be available for review upon request. Feasible for use in a normally oc- cupied area. See additional comments 1, 2, 3, 4. Additional comments 1ÐShould conform with OSHA requirements, 29 CFR 1910, Subpart L, Section 1910.160. 2ÐPer OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3ÐDischarge testing should be strictly limited to that which is essential to meet safety or performance requirements. 4ÐThe agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or de- stroyed.

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FIRE SUPPRESSION AND EXPLOSION PROTECTIONÐTOTAL FLOODING AGENTSÐACCEPTABLE SUBJECT TO USE CONDITIONSÐContinued

End-use Substitute Decision Conditions Comments

5ÐEPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory pro- tection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to EPA's regu- lation of halon substitutes.

FIRE SUPPRESSION AND EXPLOSION PROTECTIONÐTOTAL FLOODING AGENTSÐACCEPTABLE SUBJECT TO NARROWED USE LIMITSÐ

End-use Substitute Decision Conditions Comments

Halon 1301 replace- C3F8 Acceptable for non- For occupied areas from which per- The comparative design concentration ment. residential uses sonnel cannot be evacuated in one based on cup burner values is ap- where other alter- minute, use is permitted only up to proximately 8.8%. Users should ob- natives are not concentrations not exceeding the serve the limitations on PFC accept- technically fea- cardiotoxicity NOAEL of 30%; Al- ability by taking the following meas- sible due to per- though no LOAEL has been estab- ures: (i) conduct an evaluation of formance or safe- lished for this product, standard foreseeable conditions of end-use; (ii) ty requirements: OSHA requirements apply, i.e., for determine that the physical or chem- (a) because of occupied areas from which personnel ical properties or other technical con- their physical or can be evacuated or egress can straints of the other available agents chemical prop- occur between 30 and 60 seconds, preclude their use; and (iii) determine erties, or (b) use is permitted up to a concentration that human exposure to the other al- where human ex- not exceeding the LOAEL. All per- ternative extinguishing agents may posure to the ex- sonnel must be evacuated before result in failure to meet applicable tinguishing concentration of C3F8 exceeds 30%. use conditions. Documentation of agents may result Design concentration must result in such measures should be available in failure to meet oxygen levels of at least 16%. See for review upon request. The principal applicable use additional comment 5 environmental characteristic of con- conditions cern for PFCs is that they have high GWPs and long atmospheric life- times. Actual contributions to global warming depend upon the quantities of PFCs emitted. For additional guid- ance regarding applications in which PFCs may be appropriate, users should consult the description of po- tential uses which is included in the March 18, 1994 final rule (59 FR 13044.) See additional comments 1, 2, 3, 4. Halon 1301 replace- C4F10 Acceptable for non- For occupied areas from which per- The comparative design concentration ment. residential uses sonnel cannot be evacuated in one based on cup burner values is ap- where other alter- minute, use is permitted only up to proximately 6.6%. Users should ob- natives are not concentrations not exceeding the serve the limitations on PFC accept- technically fea- cardiotoxicity NOAEL of 40%; Al- ability by taking the following meas- sible due to per- though no LOAEL has been estab- ures: (i) conduct an evaluation of formance or safe- lished for this product, standard foreseeable conditions of end-use; (ii) ty requirements: OSHA requirements apply, i.e., for determine that the physical or chem- (a) because of occupied areas from which personnel ical properties or other technical con- their physical or can be evacuated or egress can straints of the other available agents chemical prop- occur between 30 and 60 seconds, preclude their use; and (iii) determine erties, or (b) use is permitted up to a concentration that human exposure to the other al- where human ex- not exceeding the LOAEL. All per- ternative extinguishing agents may posure to the ex- sonnel must be evacuated before result in failure to meet applicable tinguishing concentration of C4F10 exceeds use conditions. Documentation of agents may result 40%. Design concentration must re- such measures should be available in failure to meet sult in oxygen levels of at least 16%. for review upon request. The principal applicable use See additional comment 5 environmental characteristic of con- conditions cern for PFCs is that they have high GWPs and long atmospheric life- times. Actual contributions to global warming depend upon the quantities of PFCs emitted. For additional guid- ance regarding applications in which PFCs may be appropriate, users should consult the description of po- tential uses which is included in the March 18, 1994 Final Rule (59 FR 13044.) See additional comments 1, 2, 3, 4.

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FIRE SUPPRESSION AND EXPLOSION PROTECTIONÐTOTAL FLOODING AGENTSÐACCEPTABLE SUBJECT TO NARROWED USE LIMITSÐÐContinued

End-use Substitute Decision Conditions Comments

Halon 1301 replace- HFC±236fa Acceptable when For occupied areas from which per- The comparative design concentration ment. manufactured sonnel cannot be evacuated in one based on cup burner values is ap- using any proc- minute, use is permitted only up to proximately 6.4%. Users should ob- ess that does not concentrations not exceeding the serve the limitations on HFC±236fa convert cardiotoxicity NOAEL of 10%; For oc- acceptability by taking the following perfluoroiso-butyl- cupied areas from which personnel measures: (i) conduct an evaluation ene (PFIB) di- can be evacuated or egress can of foreseeable conditions of end-use; rectly to HFC- occur between 30 and 60 seconds, (ii) determine that the physical or 236fa in a single use is permitted up to a concentration chemical properties or other technical step: -for use in not exceeding the LOAEL of 15%; All constraints of the other available explosion sup- personnel must be evacuated before agents preclude their use; and (iii) pression and ex- concentration of HFC±236fa exceeds determine that human exposure to plosion inertion 15%. Design concentration must re- the other alternative extinguishing applications, and sult in oxygen levels of at least 16%. agents may result in failure to meet -for use in fire See additional comment 5 applicable use conditions. Docu- suppression ap- mentation of such measures should plications where be available for review upon request. other non-PFC Feasible for use in a normally occu- agents or alter- pied area. See additional comments natives are not 1, 2, 3, 4. technically fea- sible due to per- formance or safe- ty requirements: (a) because of their physical or chemical prop- erties, or (b) where human ex- posure to the ex- tinguishing agents may result in failure to meet applicable use conditions Additional comments: 1 Should conform with OSHA requirements, 29 CFR 1910, Subpart L, Section 1910.160. 2 Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3 Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements. 4 The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or de- stroyed. 5 EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory pro- tection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to EPA's regu- lation of halon substitutes.

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FIRE SUPPRESSION AND EXPLOSION PROTECTIONÐSTREAMING AGENTSÐACCEPTABLE SUBJECT TO NARROWED USE LIMITS

End-use Substitute Decision Conditions Comments

Halon 1211 ...... C6F14 Acceptable for nonresidential Users should observe the limita- replacement ...... uses where other alternatives tions on PFC acceptability by are not technically feasible due taking the following measures: to performance or safety re- (i) conduct an evaluation of quirements: (a) because of foreseeable conditions of end- their physical or chemical prop- use; (ii) determine that the erties, or (b) where human ex- physical or chemical properties posure to the extinguishing or other technical constraints agents may result in failure to of the other available agents meet applicable use condi- preclude their use; and (iii) de- tions. termine that human exposure to the other alternative extin- guishing agents may result in failure to meet applicable use conditions Documentation of such measures should be available for review upon re- quest. The principal environ- mental characteristic of con- cern for PFCs is that they have high GWPs and long atmos- pheric lifetimes. Actual con- tributions to global warming depend upon the quantities of PFCs emitted. For additional guidance regarding applica- tions in which PFCs may be appropriate, users should con- sult the description of potential uses which is included in the March 18, 1994 Final Rule (59 FR 13044.) See comments 1, 2. Halon 1211 re- HFC±236fa Acceptable in nonresidential uses See comments 1, 2, 3. placement. when manufactured using any process that does not convert perfluoroisobutylene (PFIB) di- rectly to HFC±236fa in a single step Halon 1211 re- HFC±227ea Acceptable in nonresidential uses See comments 1, 2. placement. only Additional comments: 1ÐDischarge testing and training should be strictly limited only to that which is essential to meet safety or performance requirements. 2ÐThe agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or de- stroyed. 3ÐAcceptable for local application systems inside textile process machinery.

FIRE SUPPRESSION AND EXPLOSION PROTECTIONÐTOTAL FLOODING AGENTSÐUNACCEPTABLE SUBSTITUTES

End-use Substitute Decision Comments

Halon 1301 replacement ...... Chlorobromo- Unacceptable .... Other alternatives exist with zero or lower ODP; OSHA regulations methane. prohibit its use as extinguishing agent in fixed extinguishing sys- tems where employees may be exposed. See 29 CFR 1910.160(b)(11).

AEROSOLSÐUNACCEPTABLE SUBSTITUTES

End-use Substitute Decision Comments

Solvent in aerosols with CFC±113, Chlorobromo- Unacceptable .... Other alternatives exist with zero or much lower ODP. MCF, or HCFC±141b. methane.

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ADHESIVES, COATINGS, AND INKSÐUNACCEPTABLE SUBSTITUTES

End-use Substitute Decision Comments

Solvent in adhesives, coatings, and Chlorobromo- Unacceptable .... Other alternatives exist with zero or much lower ODP. inks with CFC±113. methane. Solvent in adhesives, coatings, and Chlorobromo- Unacceptable .... Other alternatives exist with zero or much lower ODP. inks with MCF. methane. Solvent in adhesives, coatings and Chlorobromo- Unacceptable .... Other alternatives exist with zero or much lower ODP. inks with HCFC±141b. methane.

[FR Doc. 99–10630 Filed 4–27–99; 8:45 am] BILLING CODE 6560±50±P

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Federal Register Presidential Documents Vol. 64, No. 81

Wednesday, April 28, 1999

Title 3— Proclamation 7188 of April 23, 1999

The President National Science And Technology Week, 1999

By the President of the United States of America

A Proclamation The American experience is deeply rooted in the desire to expand our frontiers and increase our knowledge about ourselves and our world. We stand at the end of a century marked by wondrous advances in science and technology—advances that have immeasurably improved the lives of our citizens. As recently as 100 years ago, space travel, genetic engineering, and telecommunications existed only in the realms of imagination and science fiction. Today, the nascent International Space Station, the nearly complete Human Genome Project, and the flourishing Internet attest to the great strides our civilization and our Nation have made. The scope and speed of our discoveries are truly breathtaking, and each day new applica- tions of science and technology enrich our lives in fields as diverse as medicine, communications, engineering, and the arts. Recognizing the importance of maintaining America’s scientific and techno- logical leadership, my Administration is seeking increased funding in areas like biomedical research and in earth and space sciences. My fiscal year 2000 budget also proposes a 28 percent increase in information technology research to finance a new initiative—Information Technology for the Twenty- First Century (IT2). This initiative will support long-term information tech- nology research that will lead to fundamental advances in communications and improvements in computing. During National Science and Technology Week, in communities large and small, engineers, scientists, educators, business people, and community lead- ers will lead observances to help their fellow citizens appreciate the world’s scientific and technological wonders. I encourage all Americans—and espe- cially our young people—to participate in the many educational activities taking place across our Nation. The more we understand and appreciate the extraordinary tools that science and technology place at our fingertips, the more we can accomplish in our efforts to create a cleaner environment, healthier families, better schools, and a brighter future. The only limit on our achievements is our imagination. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 25 to May 1, 1999, as National Science and Technology Week. I call upon educators and students, the business community, and all the people of the United States to work this week and throughout the year to learn more about the contributions science and technology make to our lives and our future.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of April, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-third. œ–

[FR Doc. 99–10802 Filed 4–27–99; 8:45 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 64, No. 81 Wednesday, April 28, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 5 CFR Presidential Documents 3 CFR 351...... 16797 Executive orders and proclamations 523±5227 Proclamations: 532...... 15915, 17941 The United States Government Manual 523±5227 7177...... 17075 870...... 16601, 22543 7178...... 17077 890...... 15633 1200...... 15916 Other Services 7179...... 17499 7180...... 17939 2411...... 18799 Electronic and on-line services (voice) 523±4534 7181...... 18317 Proposed Rules: Privacy Act Compilation 523±3187 7182...... 18321 532...... 20221 Public Laws Update Service (numbers, dates, etc.) 523±6641 7183...... 19017 TTY for the deaf-and-hard-of-hearing 523±5229 7 CFR 7184...... 19439 7185...... 19681 6...... 17501 ELECTRONIC RESEARCH 7186...... 19683 254...... 17085 301...... 15916 World Wide Web 7187...... 22777 7188...... 23005 760...... 17942 Full text of the daily Federal Register, CFR and other Executive Orders: 801...... 19019 publications: June 14, 1839 916...... 19022 917...... 19022 http://www.access.gpo.gov/nara (Revoked in part by PLO 7385)...... 19386 981...... 18800 Federal Register information and research tools, including Public 11223 (Amended by 1079...... 19034 Inspection List, indexes, and links to GPO Access: EO 13118)...... 16595 1216...... 20102 http://www.nara.gov/fedreg 11269 (Amended by 1361...... 18323 1437...... 17271 E-mail EO 13118)...... 16595 11958 (Amended by 1477...... 18553 PENS (Public Law Electronic Notification Service) is an E-mail EO 13118)...... 16595 1728...... 17219 service that delivers information about recently enacted Public 12163 (Amended by 1753...... 16602 1951...... 19863 Laws. To subscribe, send E-mail to EO 13118)...... 16595 [email protected] 12188 (Amended by Proposed Rules: EO 13118)...... 16595 28...... 15937 with the text message: 12260 (Amended by 340...... 16364 subscribe publaws-l EO 13118)...... 16595 905...... 15634 12293 (Amended by 944...... 15634 Use [email protected] only to subscribe or unsubscribe to 1000...... 16026 PENS. We cannot respond to specific inquiries at that address. EO 13118)...... 16595 12301 (Amended by 1001...... 16026 Reference questions. Send questions and comments about the EO 13118)...... 16595 1002...... 16026 Federal Register system to: 12599 (Amended by 1004...... 16026 1005...... 16026 [email protected] EO 13118)...... 16595 1006...... 16026 12703 (Amended by The Federal Register staff cannot interpret specific documents or 1007...... 16026 EO 13118)...... 16595 regulations. 1012...... 16026 12884 (Amended by 1013...... 16026 EO 13118)...... 16595 FEDERAL REGISTER PAGES AND DATES, APRIL 1030...... 16026 12981 (Amended by 1032...... 16026 EO 13117)...... 16391 15633±15914...... 1 1033...... 16026 13116...... 16333 15915±16332...... 2 1036...... 16026 13117...... 16591 16333±16600...... 5 1040...... 16026 16601±16796...... 6 13118...... 16595 1044...... 16026 16797±17078...... 7 13119...... 18797 1046...... 16026 17079±17270...... 8 Administrative Orders: 1049...... 16026 17271±17500...... 9 Presidential Determinations: 1050...... 16026 17501±17940...... 12 No. 99-18 of March 25, 1064...... 16026 17941±18322...... 13 1999 ...... 16337 1065...... 16026 18323±18550...... 14 No. 99-19 of March 31, 1068...... 16026 18551±18796...... 15 1999 ...... 17081 1076...... 16026 18797±19016...... 16 No. 99-20 of March 31, 1079...... 16026, 19071 19017±19250...... 19 1999 ...... 17083 1106...... 16026 19251±19438...... 20 No. 99-21 of April 8, 1124...... 16026 19439±19684...... 21 1999 ...... 18551 1126...... 16026 19685±19862...... 22 Memorandums: 1131...... 16026 19863±20140...... 23 March 23, 1999 1134...... 16026 20141±20938...... 26 (Amended by EO 1135...... 16026 20543±22778...... 27 13118) ...... 16595 1137...... 16026 22779±23006...... 28 March 31, 1999 ...... 17079 1138...... 16026

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1139...... 16026 16805, 16808, 16810, 17086, 16 CFR 201...... 18571 17512, 17514, 17522, 17524, 1205...... 19072 239...... 19700 312...... 19269 17947, 17949, 17951, 17954, 1216...... 20107 700...... 19700 330...... 18571 17956, 17950, 17961, 17962, 1220...... 18831 701...... 19700 331...... 18571 17964, 17966, 18324, 18802, 1306...... 19084 702...... 19700 341...... 18571 18804, 18806, 19254, 19689, 1309...... 19084 703...... 19700 346...... 18571 3418...... 18534 19691, 19693, 19695, 19879, 355...... 18571 Proposed Rules: 19881, 19883, 20142, 20144, 358...... 18571 241...... 18081 8 CFR 20146, 20148, 20150, 20152, 369...... 18571 256...... 18081 20153, 22544, 22779, 22780, 510...... 15683, 18571 103...... 17943 259...... 19729 22782 520 ...... 15683, 15684, 18571, Proposed Rules: 312...... 22750 2...... 17128 71 ...... 15673, 15674, 15675, 18572 15676, 15678, 15679, 16024, 17 CFR 522 ...... 15683, 15685, 18573 9 CFR 16340, 16341, 16342, 16343, 556...... 18573 1...... 19711 16344, 17219, 17934, 18563, 558 ...... 15683, 18574, 20163 1...... 15918 5...... 19711 19255, 19257, 19258, 19259, 701...... 18571 3...... 15918, 19251 31...... 19711 19260, 19261, 19262, 19263, 874...... 18327 391...... 19865 202...... 19450 19265, 19266, 19267, 19268, 882...... 18327 Proposed Rules: 232...... 19469 19885, 19886, 20155, 20156, 890...... 18329 72...... 17573 240...... 19450 20157, 20158, 20159, 20160, 900...... 18331 93...... 16655 20161, 20162, 22674 242...... 19450 Proposed Rules: 201...... 15938 91...... 15912 249...... 19450 1...... 15944 93...... 17439 270...... 19469 10 CFR 101...... 15948, 17295 95...... 18563 274...... 19469 310...... 17985 2...... 15636, 15920 97 ...... 17277, 17526, 17528, 275...... 15680 1308...... 17298, 17299 10...... 15636 19697, 22549 279...... 15680 11...... 15636 401...... 19586 Proposed Rules: 22 CFR 25...... 15636 411...... 19586 1...... 17439, 22588 40...... 17506 413...... 19586 5...... 19730 Ch. II ...... 15685 50...... 17944, 17947 415...... 19586 30...... 22588 Ch. VI...... 15686 55...... 19868 417...... 19586 200...... 19732 50...... 19713 72...... 17510 1214...... 19886 230...... 18481 51...... 19713 121...... 17531 73...... 17947 Proposed Rules: 240...... 18393, 18481 95...... 15636 39 ...... 16364, 16366, 16656, 270...... 18481 123...... 17531 Proposed Rules: 17130, 18382, 18384, 18386, 124...... 17531 30...... 18833 18835, 18840, 18842, 18845, 18 CFR 126...... 17531 171...... 18808 39...... 19089 19096, 19726, 19930, 19932, 1b...... 17087 201...... 17535 40...... 18833 19934, 19936, 19938, 19940, 284...... 17276 514...... 17975, 17976 50...... 22580 19942, 20221, 20224, 20226, 343...... 17087 70...... 18833 20229, 20230, 22816, 22818 385...... 17087 Proposed Rules: 170...... 15876, 18835 65...... 18302 514...... 17988 171...... 15876, 18835 71 ...... 15708, 16024, 16368, 19 CFR 23 CFR 16369, 16370, 16371, 17133, 10...... 16345 12 CFR 17717, 17983, 17984, 18392, 12...... 17529 1327...... 19269 3...... 19034 18481, 18584, 19310, 19312, 18...... 16345 Proposed Rules: 208...... 19034 19313, 19314, 19316, 19317, 113...... 16345 777...... 16870 213...... 16612 19728 122...... 18566 24 CFR 225...... 19034 91...... 17293, 18302 178...... 16635, 16345 226...... 16614 105...... 18302 192...... 16635 100...... 16324 303...... 20141 108...... 19220 Proposed Rules: 103...... 18538 325...... 19034 119...... 16298, 18302 4...... 19508 203...... 19895 121...... 16298, 18766 330...... 15653 19...... 16865 204...... 19895 125...... 18766 611...... 16617 111...... 22726 903...... 22550 129...... 16298 620...... 16617 146...... 15873 Proposed Rules: 135 ...... 16298, 17293, 18766 701...... 19441 159...... 19508 Ch. IX ...... 20232, 20234 745...... 19685 145...... 18766 990...... 17301 790...... 17085 183...... 16298 20 CFR 935...... 16618, 16788 400...... 19626 25 CFR 401...... 19626 404 ...... 17100, 18566, 22903 Proposed Rules: 61...... 19896 404...... 19626 416...... 18566, 22903 933...... 16792 291...... 17535 405...... 19626 652...... 18662 934...... 16792 406...... 19626 660...... 18662 Proposed Rules: 935...... 16792 413...... 19626 661...... 18662 Ch. I ...... 18585 1750...... 18084 415...... 19626 662...... 18662 Ch. III ...... 22588 663...... 18662 151...... 17574 13 CFR 431...... 19626 664...... 18662 433...... 19626 26 CFR 115...... 18324 435...... 19626 665...... 18662 Proposed Rules: 666...... 18662 1...... 15686, 15687 107...... 18375 15 CFR 667...... 18662 7...... 15687 120...... 15942 738...... 17968 668...... 18662 31...... 15687 121...... 15708 740...... 17968 669...... 18662 301...... 16640, 17279 742...... 17968 670...... 18662 602 ...... 15687, 15688, 15873, 14 CFR 748...... 17968 671...... 18662 17279 13...... 19443 762...... 17968 Proposed Rules: 39 ...... 15657, 15659, 15661, 774...... 17968 21 CFR 1...... 16372 15669, 15920, 16339, 16621, Proposed Rules: 26...... 16347 49...... 22819 16624, 16625, 16801, 16803, 922...... 19945 184...... 19887 301...... 19217

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27 CFR 117 ...... 16350, 16641, 17101, 62...... 19333, 19958 42...... 19722 178...... 17291 18576, 20177 63...... 17465, 18862 43...... 19057 155...... 18576 70...... 16659 52...... 22562 Proposed Rules: 165 ...... 16348, 16641, 16642, 54...... 22806 4...... 17588 81...... 17593, 18864 17439, 18577, 18810, 18814 63...... 19057, 22903 5...... 17588 82...... 16373 187...... 19039 69...... 16353 7...... 17588 112...... 17227 334...... 18580 152...... 19958 73 ...... 17108, 19067, 19299, 28 CFR Proposed Rules: 174...... 19958 19498, 22563, 22564, 22565, 180 ...... 16874, 19958, 19961 22566, 22567 16...... 17977 Ch. I ...... 20236 185...... 16874, 19961 74...... 19498 31...... 19674 100...... 18587, 20236 186...... 16874, 19961 Proposed Rules: 70...... 19898 117...... 17134, 22593 194...... 18870 Ch. I ...... 20238 77...... 19273 154...... 17222 261...... 22820 0...... 16388 504...... 17270 175...... 15709 177...... 15709 271...... 19968 1...... 16661 Proposed Rules: 179...... 15709 300...... 17593, 19968 2...... 16687 65...... 17128 181...... 15709 25...... 16880, 16687 90...... 20090 183...... 15709 41 CFR 69...... 16389 506...... 20126 Ch. 301...... 16352, 18581 73 ...... 15712, 15713, 15714, 540...... 20126 34 CFR 60-250...... 15690 15715, 16388, 16396, 17137, 29 CFR 682...... 18974 60-999...... 15690 17138, 17139, 17140, 17141, 302-11 ...... 17105, 18659 17142, 17143, 18596, 18871, 1910...... 22552 36 CFR 18872, 18873 1915...... 22552 43 CFR 76...... 16388 1917...... 22552 7...... 19480 1918...... 22552 1254...... 19899 Proposed Rules: 48 CFR 3100...... 17598 1926...... 18809, 22552 Proposed Rules: 231...... 18827 4044...... 18575 1...... 17293 3106...... 17598 3130...... 17598 232...... 18828 Proposed Rules: 2...... 17293 3160...... 17598 235...... 18829 1...... 17442 3...... 17293 252...... 18828 4...... 17293 5...... 17442 44 CFR 701...... 16647 1625...... 19952 5...... 17293 703...... 16647 65...... 17567, 17569 4007...... 22589 6...... 17293 715...... 16647, 19217 67...... 17571 7...... 17293 722...... 18481 206...... 19496 30 CFR 731...... 16647 38 CFR 901...... 20164 Proposed Rules: 732...... 18481 904...... 20164 17...... 22676 67...... 17598 752...... 16647, 18481 36...... 19906 913...... 20164 45 CFR 909...... 16649 914...... 20164 970...... 16649 915...... 20164 39 CFR 260...... 17720 1333...... 16651 916...... 20164 20...... 19039, 20178 261...... 17720 1509...... 20201 918...... 20164 111...... 16814, 17102 262...... 17720 1533...... 17109 920...... 17978 263...... 17720 1552...... 17109, 20201 925...... 20164 40 CFR 264...... 17720 1802...... 19925 935...... 17980 50...... 19717 265...... 17720 1804...... 19925 936...... 20164 52 ...... 15688, 15922, 17102, 283...... 18484 1812...... 19925 943...... 20164 17545, 17548, 17551, 17982, 1224...... 19293 1832...... 18372 Proposed Rules: 18815, 18816, 18818, 18821, 1611...... 17108, 18372 1842...... 19928 46...... 18498, 18528 19277, 19281, 19283, 19286, 2508...... 19293 1852...... 19925 48...... 18498 19910, 19913, 19916, 20186, Proposed Rules: 1853...... 19925 72...... 22592 22789 1635...... 16383 1871...... 19925 75...... 22592 62 ...... 17219, 19290, 19919 2522...... 17302 Proposed Rules: 204...... 19739 63 ...... 17460, 17555, 18824, 2525...... 17302 201...... 22822 206...... 15949, 17990 19719, 19922, 20189 2526...... 17302 204...... 22822 250...... 19318 81...... 17551 2527...... 17302 225...... 22825 700...... 18585 82...... 22982 2528...... 17302 1833...... 17603 740...... 18585 90...... 16526 2529...... 17302 746...... 18585 180 ...... 16840, 16843, 16850, 49 CFR 46 CFR 750...... 18585 16856, 17565, 18333, 18339, 195...... 15926 934...... 18586 18346, 18351, 18357, 18359, 16...... 22555 244...... 19512 935...... 18857 18360, 18367, 18369, 19042, 32...... 18576 533...... 16860 948...... 19327 19050, 19484, 19489, 19493, Proposed Rules: 571 ...... 16358, 20209, 22567 22793, 22797, 22799, 22802 10...... 15709 575...... 20209 31 CFR 185...... 19489 15...... 15709 581...... 16359 210...... 17472 186...... 19493 24...... 15709 1106...... 19512 285...... 22906 257...... 19494 25...... 15709 Proposed Rules: 560...... 20168 261...... 16643 26...... 15709 107...... 18786 271...... 19925 28...... 15709 171...... 16882, 22718 32 CFR 300...... 15926, 16351 70...... 15709 173...... 22718 311...... 22784 372...... 20198 169...... 15709 174...... 22718 812...... 17101 Proposed Rules: 175...... 15709 175...... 22718 863...... 17545 50...... 19740 176...... 22718 52 ...... 15711, 15949, 16659, 47 CFR 177...... 16882, 22718 33 CFR 17136, 17589, 17592, 17593, 0...... 22559 178...... 16882 100 ...... 16348, 16812, 16813, 17990, 18858, 18860, 18861, 1...... 19057 180...... 16882 19715, 22553, 22674 18862, 19097, 19330, 19331, 2...... 22559 192...... 16882, 16885 110...... 20176, 22554 19332, 19957 15...... 22559 195...... 16882, 16885

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571 ...... 19106, 19740, 20245 572...... 19742 578...... 16690 611...... 17062 50 CFR 17 ...... 15691, 17110, 19300 229...... 17292 600...... 16862 648 ...... 15704, 16361, 16362, 18582, 19503 660 ...... 16862, 17125, 19067, 22810 679 ...... 16361, 16362, 16654, 17126, 18373, 19069, 19507, 20210, 20216 697 ...... 19069, 22814, 22815 Proposed Rules: 17 ...... 16397, 16890, 18596, 19108, 19333 20...... 17308 32...... 17992 223 ...... 16396, 16397, 20248 224...... 16397, 20248 226...... 16397, 20248 300...... 22826 600 ...... 16414, 18394, 19111 622...... 18395 648 ...... 16417, 16891, 18394, 19111 679...... 19113

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REMINDERS contingency plans, and Northeast multispecies; Mandatory excess capital The items in this list were security programs; comments due by 5-3- stock redemption; editorially compiled as an aid licensees' independent 99; published 4-19-99 prohibition of fee payment to Federal Register users. reviews and audits; DEFENSE DEPARTMENT in lieu of stock Inclusion or exclusion from correction; published 4- Federal Acquisition Regulation redemption; comments this list has no legal 13-99 (FAR): due by 5-6-99; published significance. TRANSPORTATION Compensation for senior 4-6-99 DEPARTMENT executives; comments due Mandatory excess capital stock redemption; Federal Aviation by 5-3-99; published 3-4- prohibited stock dividends; RULES GOING INTO Administration 99 comments due by 5-6-99; EFFECT APRIL 28, 1999 Airworthiness directives: Very small business concerns; comments due published 4-6-99 Robinson Helicopter Co.; COMMERCE DEPARTMENT by 5-3-99; published 3-4- GENERAL SERVICES published 4-13-99 ADMINISTRATION National Oceanic and 99 Atmospheric Administration ENVIRONMENTAL Federal Acquisition Regulation (FAR): Fishery conservation and COMMENTS DUE NEXT PROTECTION AGENCY Compensation for senior management: WEEK Air programs: Stratospheric ozone executives; comments due Northeastern United States by 5-3-99; published 3-4- AGRICULTURE protectionÐ fisheriesÐ 99 Atlantic sea scallop; DEPARTMENT Ozone-depleting substances; substitutes Very small business published 3-29-99 Agricultural Marketing concerns; comments due Service list; correction; ENVIRONMENTAL comments due by 5-3- by 5-3-99; published 3-4- Cotton classing, testing, and PROTECTION AGENCY 99; published 3-25-99 99 standards: Air quality implementation Ozone-depleting HEALTH AND HUMAN plans; approval and Classification services to substances; substitutes SERVICES DEPARTMENT promulgation; various growers; 1999 user fees; list; correction; Health Care Financing States: comments due by 5-3-99; comments due by 5-3- Administration New Jersey; published 3-29- published 4-2-99 99; published 3-25-99 Medicaid: 99 Raisins produced from grapes Air quality implementation State Children's Health Pesticides; tolerances in food, grown inÐ plans; approval and Insurance Program; animal feeds, and raw California; comments due by promulgation; various allotments and payments agricultural commodities: 5-7-99; published 3-8-99 States: to States; comments due Beauveria bassiana (ATCC AGRICULTURE California; comments due by by 5-3-99; published 3-4- No. 74040); published 4- DEPARTMENT 5-3-99; published 4-2-99 99 28-99 Animal and Plant Health Missouri; comments due by INTERIOR DEPARTMENT Bifenthrin; published 4-28-99 Inspection Service 5-3-99; published 4-1-99 Fish and Wildlife Service Endangered and threatened Fluroxpyr 1-methylheptyl Viruses, serums, toxins, etc.: Pesticides; tolerances in food, species: ester; published 4-28-99 animal feeds, and raw Rabies vaccine, killed virus; agricultural commodities: Rio Grande Silvery Minnow; Sulfosate; published 4-28-99 standard requirements; Oxirane, etc.; comments comments due by 5-7-99; incorporation by reference HEALTH AND HUMAN due by 5-4-99; published published 4-7-99 update; comments due by SERVICES DEPARTMENT 3-5-99 INTERIOR DEPARTMENT 5-3-99; published 3-4-99 Food and Drug Pyriproxyfen; comments due Minerals Management Administration COMMERCE DEPARTMENT by 5-3-99; published 3-3- Service Human drugs: National Oceanic and 99 Royalty management: Investigational new drug and Atmospheric Administration Water pollution; effluent Federal marginal properties; new drug applicationsÐ Endangered and threatened guidelines for point source accounting and auditing Clinical hold requirements; species: categories: relief; comments due by published 12-14-98 Critical habitat designationÐ Oil and gas extraction; 5-6-99; published 4-22-99 drilling fluids, synthetic- Clinical hold requirements; West coast steelhead; NATIONAL AERONAUTICS based and non-aqueous; published 4-20-99 comments due by 5-6- AND SPACE comments due by 5-3-99; Medical devices: 99; published 2-5-99 ADMINISTRATION published 2-3-99 Federal Acquisition Regulation Mammography quality Fishery conservation and FEDERAL (FAR): standards; published 4-14- management: COMMUNICATIONS Compensation for senior 99 Caribbean, Gulf, and South COMMISSION executives; comments due Atlantic fisheriesÐ Correction; published 11- Common carrier services: by 5-3-99; published 3-4- 10-97 Essential fish habitat; Satellite communicationsÐ 99 NUCLEAR REGULATORY comments due by 5-4- Mobile and portable earth Very small business COMMISSION 99; published 3-5-99 stations in 1610-1660.5 concerns; comments due Production and utilization Magnuson-Stevens Act MHz band; emissions by 5-3-99; published 3-4- facilities; domestic licensing: provisionsÐ limits; comments due by 99 Nuclear power reactorsÐ Foreign fishing; issuance 5-3-99; published 4-6-99 NUCLEAR REGULATORY Emergency preparedness of transshipment Radio stations; table of COMMISSION programs, safeguards permits; comments due assignments: Fee schedules revision; 100% contingency plans, and by 5-5-99; published 4- Mississippi; comments due fee recovery (1999 FY); security programs; 5-99 by 5-3-99; published 3-22- comments due by 5-3-99; licensees' independent Northeastern United States 99 published 4-1-99 reviews and audits; fisheriesÐ FEDERAL HOUSING PERSONNEL MANAGEMENT published 3-29-99 Northeast multispecies; FINANCE BOARD OFFICE Emergency preparedness comments due by 5-3- Federal home loan bank Retirement; health benefits, programs, safeguards 99; published 3-23-99 system: Federal employees; and life

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insurance, Federal Class D and Class E TREASURY DEPARTMENT Superintendent of Documents, employees: airspace; correction; Internal Revenue Service U.S. Government Printing District of Columbia; certain comments due by 5-3-99; Income taxes: Office, Washington, DC 20402 employees inclusion in or published 3-12-99 (phone, 202±512±1808). The Escrow funds and other exclusion from coverage; Class D and E airspace; text will also be made similar funds; comments comments due by 5-5-99; comments due by 5-5-99; available on the Internet from due by 5-3-99; published published 3-31-99 published 4-5-99 GPO Access at http:// 2-1-99 SECURITIES AND TRANSPORTATION www.access.gpo.gov/nara/ Low-income housing credit; EXCHANGE COMMISSION DEPARTMENT index.html. Some laws may compliance monitoring not yet be available. Securities: Federal Railroad Administration and miscellaneous issues; Form S-8; securities offer to comments due by 5-6-99; Railroad consolidations, H.R. 1376/P.L. 106±21 consultants and advisors, published 1-8-99 etc.; abuse prevention; mergers, and acquisitions of Correction; comments due To extend the tax benefits comments due by 5-7-99; control: by 5-6-99; published 3- available with respect to published 3-8-99 Safety integration plans; comments due by 5-4-99; 24-99 services performed in a Subsidiary issuers and combat zone to services guarantors; financial published 4-21-99 Passive foreign investment companiesÐ performed in the Federal statements and periodic TRANSPORTATION Republic of Yugoslavia Marketable stock; reports; comments due by DEPARTMENT (Serbia/Montenegro) and definition; comments 5-4-99; published 3-5-99 National Highway Traffic certain other areas, and for due by 5-3-99; SMALL BUSINESS Safety Administration other purposes. (Apr. 19, published 2-2-99 ADMINISTRATION Importation of vehicles and 1999; 113 Stat. 34) Business loans: equipment subject to Stock and other personal Certified development Federal safety, bumper, and property disposition loss Last List April 15, 1999 companies; fees limitation; theft prevention standards: allocation and foreign tax comments due by 5-3-99; Show or display; limited credit limitation published 4-2-99 conditions for exemption computation; cross from compliance reference; comment Public Laws Electronic TRANSPORTATION standards; comments due request and hearing; DEPARTMENT by 5-6-99; published 3-22- comments due by 5-5-99; Notification Service Federal Aviation 99 published 1-11-99 (PENS) Administration Motor vehicle safety Airworthiness directives: standards: Boeing; comments due by LIST OF PUBLIC LAWS Bus emergency exits and PENS is a free electronic mail 5-3-99; published 3-3-99 window retention and notification service of newly This is a continuing list of Boeing; correction; releaseÐ enacted public laws. To public bills from the current comments due by 5-3-99; Wheelchair securement subscribe, send E-mail to session of Congress which published 3-9-99 devices; anchorages; [email protected] with have become Federal laws. It Bombardier; comments due comments due by 5-4- the text message: by 5-6-99; published 4-5- 99; published 3-5-99 may be used in conjunction with ``P L U S'' (Public Laws 99 TRANSPORTATION subscribe PUBLAWS-L Your Update Service) on 202±523± Eurocopter France; DEPARTMENT Name. 6641. This list is also comments due by 5-7-99; Surface Transportation available online at http:// published 4-7-99 Board www.nara.gov/fedreg. Note: This service is strictly McDonnell Douglas; Railroad consolidations, for E-mail notification of new comments due by 5-3-99; mergers, and acquisitions of The text of laws is not public laws. The text of laws published 3-3-99 control: published in the Federal is not available through this Class D and Class E Safety integration plans; Register but may be ordered service. PENS cannot respond airspace; comments due by comments due by 5-4-99; in ``slip law'' (individual to specific inquiries sent to 5-3-99; published 3-4-99 published 4-21-99 pamphlet) form from the this address.

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