10–27–00 Friday Vol. 65 No. 209 Oct. 27, 2000 Pages 64335–64580
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1 II Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000
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2 III
Contents Federal Register Vol. 65, No. 209
Friday, October 27, 2000
Agricultural Marketing Service Senior Executive Service: RULES Performance Review Board; membership, 64422 Kiwifruit grown in— California, 64338–64340 Committee for Purchase From People Who Are Blind or Severely Disabled Agriculture Department NOTICES See Agricultural Marketing Service Procurement list; additions and deletions, 64419–64420 See Animal and Plant Health Inspection Service Procurement list; additions and deletions; correction, 64420 See Food Safety and Inspection Service See Forest Service Copyright Office, Library of Congress RULES Air Force Department Digital Millennium Copyright Act: RULES Circumvention of copyright protection systems for access Military personnel: control technologies; exemption to prohibition, Personnel delivery to United States civilian authorities 64555–64574 for trial, 64348–64352 Defense Department Animal and Plant Health Inspection Service See Air Force Department RULES See Army Department Interstate transportation of animals and animal products See Engineers Corps (quarantine): Tuberculosis in cattle, bison, and captive cervids— Employment Standards Administration State and area classifications; correction, 64479 NOTICES Minimum wages for Federal and federally-assisted Army Department construction; general wage determination decisions, See Engineers Corps 64458–64459 NOTICES Environmental statements; availability, etc.: Energy Department Sauquoit Creek Flood Control Project, NY; correction, See Federal Energy Regulatory Commission 64479 Engineers Corps Blind or Severely Disabled, Committee for Purchase From NOTICES People Who Are Environmental statements; notice of intent: See Committee for Purchase From People Who Are Blind Harrison County, MS; Pine Hills Casino and Resort, or Severely Disabled 64433–64434
Centers for Disease Control and Prevention Environmental Protection Agency NOTICES RULES Grants and cooperative agreements; availability, etc.: Air quality implementation plans; approval and Human immunodeficiency virus (HIV)— promulgation; various States: Prevention education and access to care services, Alabama, 64352–64357 64446–64448 Connecticut, 64357–64360 Massachusetts, 64360–64363 Civil Rights Commission Hazardous waste program authorizations: NOTICES Arizona, 64369–64372 Meetings; Sunshine Act, 64420–64421 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Coast Guard (N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5- RULES (trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide, Drawbridge operations: 64363–64366 New York, 64352 Azoxystrobin, 64366–64369 Merchant marine officers and seamen: PROPOSED RULES Licensing and manning for officers of towing vehicles, Air quality implementation plans; approval and 64388 promulgation; various States: Connecticut, 64402 Commerce Department Massachusetts, 64402–64403 See International Trade Administration Hazardous waste program authorizations: See National Oceanic and Atmospheric Administration Arizona, 64403 NOTICES Water supply: Agency information collection activities: National primary drinking water regulations— Submission for OMB review; comment request, 64421– Arsenic; maximum contaminant level; correction, 64422 64479
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NOTICES Banks and bank holding companies: Environmental statements; availability, etc.: Change in bank control, 64444–64445 Agency statements— Formations, acquisitions, and mergers, 64445–64446 Comment availability, 64437–64439 Permissible nonbanking activities, 64446 Weekly receipts, 64437 Meetings: Financial Management Service Agricultural Worker Protection Program, National See Fiscal Service Assessment; workshops, 64439 Fiscal Service Executive Office of the President NOTICES See Presidential Documents Surety companies acceptable on Federal bonds: See Trade Representative, Office of United States Reliance Insurance Co. et al.; terminations, 64476
Federal Aviation Administration Fish and Wildlife Service RULES PROPOSED RULES Airworthiness directives: Endangered and threatened species: Pilatus Aircraft Ltd., 64340–64342 Critical habitat designations— PROPOSED RULES Wintering piping plovers, 64414–64415 Administrative regulations: NOTICES Air traffic and related services for aircraft that transit Pipeline right-of-way applications: U.S.-controlled airspace but neither take off from, nor Louisiana, 64455–64456 land in, U.S.; fees, 64401–64402 Food and Drug Administration Federal Communications Commission NOTICES RULES Reports and guidance documents; availability, etc.: Television broadcasting: Orally administered drug products; bioavailability and Cable television systems— bioequivalence studies; general considerations, Consumer electronics equipment and cable systems; 64449–64450 compatibility, 64388–64391 NOTICES Food Safety and Inspection Service Agency information collection activities: NOTICES Proposed collection; comment request, 64439–64441 Meetings: Rulemaking proceedings; petitions filed, granted, denied, Codex Alimentarius Commission— etc., 64441 Food Import and Export Inspection and Certification Systems Codex Committee, 64418–64419 Federal Emergency Management Agency RULES Forest Service Flood elevation determinations: NOTICES Various States, 64372–64388 Meetings: PROPOSED RULES Olympic Provincial Interagency Executive Committee Flood elevation determinations: Advisory Committee, 64419 Various States, 64403–64414 NOTICES General Services Administration Meetings: RULES Flood insurance program; desktop rating of flood Federal property management: insurance policies; forum, 64441–64443 Payments to GSA for supplies and services furnished government agencies; CFR part removed, 64372 Federal Energy Regulatory Commission NOTICES NOTICES Acquisition regulations: Electric rate and corporate regulation filings: Signature/Designation Card for Certifying Officer (SF Cinergy Services, Inc., et al., 64435–64437 210); form cancellation, 64446 Meetings: Public access to information and electronic filing; Health and Human Services Department electronic filing demonstrations, 64437 See Centers for Disease Control and Prevention Applications, hearings, determinations, etc.: See Food and Drug Administration Colorado Interstate Gas Co., 64434 Northwest Pipeline Corp., 64434–64435 Housing and Urban Development Department NOTICES Federal Highway Administration Agency information collection activities: NOTICES Submission for OMB review; comment request, 64450– Environmental statements; notice of intent: 64452 Hillsborough and Rockingham Counties, NH, 64474 Grants and cooperative agreements; availability, etc.: Rutland County, VT, 64474–64475 Facilities to assist homeless— Excess and surplus Federal property, 64452–64454 Federal Reserve System Mortgage and loan insurance programs: NOTICES Credit Watch Termination Initiative; list of mortgagees Agency information collection activities: whose Origination Approval Agreements have been Proposed comment request, 64443–64444 terminated, 64454–64455
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Interior Department National Oceanic and Atmospheric Administration See Fish and Wildlife Service PROPOSED RULES See Land Management Bureau Marine mammals: See National Park Service Incidental taking— Harbor porpoise take reduction plan, 64415–64417 Internal Revenue Service NOTICES NOTICES Fishery conservation and management: Agency information collection activities: Northeastern United States fisheries— Proposed collection; comment request, 64476–64477 Atlantic surf clam and ocean quahog; 2001 cage tags, Meetings: 64432 Citizen Advocacy Panels— Meetings: Midwest District, 64477 Caribbean Fishery Management Council, 64433 South Florida District, 64477 Permits: Marine mammals, 64432–64433
International Trade Administration National Park Service NOTICES NOTICES Antidumping: Meetings: Cut-to-length carbon steel plate from— Trail of Tears National Historic Trail Advisory Council, Mexico, 64422 64457 Pure magnesium from— Native American human remains and associated funerary China, 64422–64423 objects: Stainless steel sheet and strip in coils from— University of Denver, Anthropology Department and Japan, 64423–64426 Museum, CO — Steel wire rope from— Inventory from Alabama Mounds 1 and 2, AL, 64457– Malaysia and China, 64426 64458 Countervailing duties: Seamless carbon and alloy steel standard, line, and Office of United States Trade Representative pressure pipe from— See Trade Representative, Office of United States Italy, 64426–64428 Organization, functions, and authority delegations: Overseas Private Investment Corporation Under Secretary for International Trade et al.; authority RULES to make initial decisions concerning records requests Freedom of Information Act; implementation, 64342–64348 under Freedom of Information Act, 64428–64432 Overseas trade missions: Pension and Welfare Benefits Administration 2000 trade missions— Textile Trade Mission to Central America and PROPOSED RULES Dominican Republic, et al., 64432 Employee Retirement Income Security Act: Section 3(40) collective bargaining agreements— Plans established or maintained, 64481–64498 Labor Department Plans established or maintained; administrative hearing See Employment Standards Administration procedures, 64497–64509 See Labor Statistics Bureau See Pension and Welfare Benefits Administration Personnel Management Office RULES Labor Statistics Bureau Prevailing rate systems, 64337–64338 NOTICES PROPOSED RULES Agency information collection activities: Group life insurance, Federal employees: Proposed collection; comment request, 64459–64460 Miscellaneous changes, clarifications, and plain language rewrite, 64529–64553 Land Management Bureau NOTICES Presidential Documents Closure of public lands: PROCLAMATIONS Oregon, 64456 Special observances Public land orders: United Nations Day (Proc. 7369), 64335–64336 EXECUTIVE ORDERS California, 64456 Adults with Disabilities, National Task Force on; Oregon, 64456–64457 amendment (EO 13172), 64575–64577 Central San Joaquin Valley, Interagency Task Force on Library of Congress the Economic Development of, establishment (EO See Copyright Office, Library of Congress 13173), 64579–64580
National Credit Union Administration Public Debt Bureau RULES See Fiscal Service Credit unions: Organization and operations— Public Health Service Chartering and field of membership policies, 64511– See Centers for Disease Control and Prevention 64528 See Food and Drug Administration
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Securities and Exchange Commission See Federal Aviation Administration NOTICES See Federal Highway Administration Agency information collection activities: See Surface Transportation Board Submission for OMB review; comment request, 64460– NOTICES 64461 Global positioning system receivers; potential for Self-regulatory organizations; proposed rule changes: interference from ultra-wideband devices; test plan American Stock Exchange LLC, 64463 Response to comment, 64473–64474 Cincinnati Stock Exchange, Inc., 64463–64466 International Securities Exchange, LLC, 64466–64468 Treasury Department National Association of Securities Dealers, Inc., 64468– See Fiscal Service 64469 See Internal Revenue Service Philadelphia Stock Exchange, Inc., 64469–64471 See Thrift Supervision Office Applications, hearings, determinations, etc.: NOTICES Public utility holding company filings, 64461–64462 Senior Executive Service: 64462–64463 Legal Division Performance Review Board; membership, 64475–64476 Small Business Administration NOTICES Veterans Affairs Department Disaster loan areas: NOTICES Florida, 64471 Meetings: Montana, 64471 Rehabilitation Advisory Committee, 64477–64478 Ohio, 64471 Wisconsin, 64471–64472 Separate Parts In This Issue Surface Transportation Board NOTICES Part II Railroad operation, acquisition, construction, etc.: Department of Labor, Pension and Welfare Benefits Union Pacific Railroad Co., 64475 Administration, 64481–64509 Wisconsin and Washburn County Transit Commission, 64475 Part III National Credit Union Administration, 64511–64528 Thrift Supervision Office PROPOSED RULES Part IV Savings and loan holding companies: Personnel Management Administration, 64529–64553 Significant transactions or activities and capital adequacy review, 64392–64401 Part V Trade Representative, Office of United States Library of Congress, Copyright Office, 64555–64574 NOTICES United States-Israel Free Trade Area Implementation Act: Part VI Qualifying industrial zones; designations, 64472 The President, 64575–64580 World Trade Organization: Belgium and United States; consultations regarding measures affecting imported rice, 64472–64473 Reader Aids Consult the Reader Aids section at the end of this issue for Transportation Department phone numbers, online resources, finding aids, reminders, See Coast Guard 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 Proclamations 7369...... 64335 5 CFR 532...... 64337 Proposed Rules: 870...... 64530 7 CFR 920...... 64338 9 CFR 77...... 64479 12 CFR 701...... 64512 Proposed Rules: 584...... 64392 14 CFR 39...... 64340 Proposed Rules: 187...... 64401 22 CFR 706...... 64342 29 CFR Proposed Rules: 2510...... 64482 2570...... 64498 32 CFR 884...... 64348 33 CFR 117...... 64352 37 CFR 201...... 64556 40 CFR 52 (3 documents) ...... 64352, 64357, 64360 180 (2 documents) ...... 64363, 64366 271...... 64369 Proposed Rules: 52 (2 documents) ...... 64402 141...... 64479 142...... 64479 271...... 64403 41 CFR 101±2...... 64372 44 CFR 65 (3 documents) ...... 64372, 64374, 64378 67 (2 documents) ...... 64380, 64386 Proposed Rules: 67...... 64403 46 CFR 10...... 64388 15...... 64388 47 CFR 15...... 64388 50 CFR Proposed Rules: 17...... 64414 229...... 64415
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Federal Register Presidential Documents Vol. 65, No. 209
Friday, October 27, 2000
Title 3— Proclamation 7369 of October 24, 2000
The President United Nations Day, 2000
By the President of the United States of America
A Proclamation Fifty-five years ago, the United States played a leading role in founding the United Nations, and the treaty creating the U.N. was signed in San Francisco. Today, we are proud to serve as host country for the United Nations, whose headquarters in New York City stands as an enduring symbol of the promise of international peace and cooperation. The United States remains fully committed to the principles of the United Nations Charter, and we support efforts to make the U.N. a more effective tool to meet the challenges of our changing world. Many of those challenges— poverty, disease, ethnic violence, and regional conflict—recognize no borders and can only be addressed by nations working together with shared resources and common goals. The United Nations is uniquely positioned to facilitate such collaborative efforts. Today, more than half the world’s people live under governments of their own choosing, an achievement that reflects the role the U.N. has played as a steadfast peacemaker and staunch advocate of international human rights. But three- fourths of those people live in developing countries, and more than a billion of them live in abject poverty. Through agencies such as the World Bank and the International Monetary Fund, the U.N. is working to address this gap between the world’s richest and poorest countries by supporting comprehensive debt relief and providing billions of dollars in loans and grants to developing nations for projects that promote health, nutrition, education, entrepreneurship, and civil society. While the devastating world wars of the 20th century are now a part of history, ethnic and regional conflicts continue to threaten global stability and contribute to human misery. Millions of innocent people have lost their lives in such conflicts, and millions of families have been driven from their homelands to seek refuge in neighboring nations. Through its international diplomacy efforts, peacekeeping operations, and humanitarian assistance, the United Nations serves as a beacon of hope for countries torn apart by ethnic, religious, or regional strife. In September of this year, the leaders of 189 countries came together in New York at the United Nations Millennium Summit. This unprecedented gathering of international leaders reaffirmed that the importance of the U.N.’s mission is undiminished after more than 5 decades of extraordinary challenge and global change. As we observe United Nations Day this year, let us celebrate the spirit of international cooperation and dedication to peace enshrined in the U.N. Charter. For 55 years, the United Nations has led the world in addressing international security problems and promoting human rights and human dignity. Today we reaffirm our commitment to this vital institution and pledge to work with other member nations to ensure that the U.N. is equipped with the resources it needs to remain a powerful instrument of the inter- national community and an effective force for the common good. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution
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and laws of the United States, do hereby proclaim October 24, 2000, as United Nations Day. I encourage all Americans to educate themselves about the activities and accomplishments of the United Nations and to observe this day with appropriate ceremonies, programs, and activities devoted to enhancing international cooperation. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of October, in the year of our Lord two thousand, and of the Independ- ence of the United States of America the two hundred and twenty-fifth. œ–
[FR Doc. 00–27831 Filed 10–26–00; 8:45 am] Billing code 3195–01–P
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Rules and Regulations Federal Register Vol. 65, No. 209
Friday, October 27, 2000
This section of the FEDERAL REGISTER now has a small club in Jefferson Miscellaneous Changes contains regulatory documents having general County. The club employs two NAF applicability and legal effect, most of which FWS employees. Under section 532.219 FPRAC also reviewed the Champaign- are keyed to and codified in the Code of of title 5, Code of Federal Regulations, Urbana, IL, FWS wage area and Federal Regulations, which is published under each NAF wage area ‘‘shall consist of determined that the wage area’s 50 titles pursuant to 44 U.S.C. 1510. one or more survey areas, along with counties are properly defined under the regulatory criteria for defining FWS The Code of Federal Regulations is sold by nonsurvey areas, having the Superintendent of Documents. Prices of nonappropriated fund employees.’’ The wage areas. However, the Committee new books are listed in the first FEDERAL Kitsap wage area consisted of one agreed by consensus to recommend that REGISTER issue of each week. survey county, Kitsap County, and one OPM rename the wage area as the area of application county, Clallam Central Illinois FWS wage area because County, WA. this name better describes the OFFICE OF PERSONNEL OPM considers the following boundaries of the wage area. FPRAC MANAGEMENT regulatory criteria under 5 CFR 532.219 reviewed the El Paso FWS wage area and determined that the wage area’s 5 CFR Part 532 when defining FWS wage area boundaries: counties are also properly defined. The Committee agreed by consensus to RIN 3206±AJ21 (i) Proximity of largest activity in each recommend that OPM update the name county; Prevailing Rate Systems; of White Sands Proving Grounds Miscellaneous Changes in Certain (ii) Transportation facilities and because the Department of Defense now Federal Wage System Wage Areas commuting patterns; and refers to it as White Sands Missile (iii) Similarities of the counties in: Range. White Sands Proving Grounds AGENCY: Office of Personnel (A) Overall population; was listed under the El Paso and Management. (B) Private employment in major Albuquerque wage areas; therefore, we ACTION: Final rule. industry categories; and have updated the name in the listing for SUMMARY: The Office of Personnel (C) Kinds and sizes of private both wage areas. Management is issuing a final rule to industrial establishments. On May 5, 2000, we published a final add Jefferson County, Washington, as an Jefferson County cannot be defined as rule (65 FR 26199) that redefined certain area of application to the Kitsap, WA, a separate NAF wage area because the counties in the Southern Colorado and nonappropriated fund (NAF) Federal county does not meet the regulatory Denver, CO, FWS wage areas. FPRAC Wage System (FWS) wage area. We are criteria to be a separate NAF wage area. agreed to redefine Pitkin County, CO, also renaming the Champaign-Urbana, However, nonsurvey counties can be from the Southern Colorado wage area IL, FWS wage area as the Central Illinois combined with a survey area to form a to the Denver wage area. Because of a FWS wage area; updating the name of wage area. Therefore, we are defining typographical error, Pitkin County White Sands Proving Grounds in the El Jefferson County as an area of appeared under both wage area listings Paso, TX, and Albuquerque, NM, wage application to an existing NAF wage in appendix C of subpart B of part 532 area listings to White Sands Missile area. of title 5, Code of Federal Regulations. Range; and correcting a typographical The Naval Submarine Base, Bangor, in We should have removed Pitkin County error in the wage area listing for the the Kitsap survey area, is the closest from the Southern Colorado wage area Southern Colorado wage area. major Federal installation to Port listing in the final rule. This final rule DATES: Effective Date: This regulation is Hadlock. It is approximately 53 km (33 corrects the previous final rule and effective on November 27, 2000. miles) from Port Hadlock. Commuting reflects FPRAC’s recommendation for FOR FURTHER INFORMATION CONTACT: patterns data for Jefferson County the county. indicate that 6 percent of the county’s Chenty I. Carpenter by phone at (202) Regulatory Flexibility Act 606–2838, by FAX at (202) 606–4264, or resident workforce commutes to work in by e-mail at [email protected]. the Kitsap survey area. Transportation I certify that these regulations will not SUPPLEMENTARY INFORMATION: On August facilities consist of major interstates and have a significant economic impact on 9, 2000, the Office of Personnel highways. Residents of Jefferson County a substantial number of small entities Management (OPM) published an who commute into Pierce and because they will affect only Federal interim rule (65 FR 48641) to add Snohomish Counties must use a ferry or agencies and employees. drive around Puget Sound to reach Jefferson County, Washington, as an List of Subjects in 5 CFR Part 532 area of application to the Kitsap, WA, either of these counties. A review of nonappropriated fund (NAF) wage area employment and kinds and sizes of Administrative practice and and to make miscellaneous changes in industrial establishments shows that procedure, Freedom of information, certain Federal wage system wage areas. Jefferson County is closely similar to the Government employees, Reporting and The interim rule had a 30-day period for Kitsap survey area. recordkeeping requirements, Wages. public comment, during which we The Federal Prevailing Rate Advisory received no comments. Committee (FPRAC), the national labor- Accordingly, under the authority of 5 management committee that advises U.S.C. 5343, the interim rule (65 FR Jefferson County OPM on FWS pay matters, reviewed and 48641) amending 5 CFR part 532 The Naval Ordnance Center, Pacific concurred by consensus with this published on August 9, 2000, is adopted Division, Detachment Port Hadlock, change. as final with no changes.
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U.S. Office of Personnel Management. 720–5698, or E-mail: kiwifruit. They are familiar with the Janice R. Lachance, [email protected]. Committee’s needs and the costs for Director. SUPPLEMENTARY INFORMATION: This rule goods and services in their local area [FR Doc. 00–27514 Filed 10–26–00; 8:45 am] is issued under Marketing Order No. and are thus in a position to formulate an appropriate budget and assessment BILLING CODE 6325±01±P 920, as amended (7 CFR part 920), regulating the handling of kiwifruit rate. The assessment is normally grown in California, hereinafter referred formulated and discussed in a public to as the ‘‘order.’’ The marketing order DEPARTMENT OF AGRICULTURE meeting. A public meeting was held on is effective under the Agricultural July 11, 2000. Because a Committee Marketing Agreement Act of 1937, as Agricultural Marketing Service quorum (eight Committee amended (7 U.S.C. 601–674), hereinafter representatives) was not present at the referred to as the ‘‘Act.’’ 7 CFR Part 920 meeting, the Committee voted on the The Department of Agriculture budget and assessment rate by (Department) is issuing this rule in [Docket No. FV00±920±3 FIR] telephone on July 13, 2000. Thus, all conformance with Executive Order directly affected persons had an Kiwifruit Grown in California; 12866. opportunity to participate and provide Decreased Assessment Rate This rule has been reviewed under input. Executive Order 12988, Civil Justice AGENCY: Agricultural Marketing Service, For the 1998–1999 and subsequent Reform. Under the marketing order now fiscal periods, the Committee USDA. in effect, California kiwifruit handlers ACTION: Final rule. recommended, and the Department are subject to assessments. Funds to approved, an assessment rate that would administer the order are derived from SUMMARY: The Department of continue in effect from fiscal period to such assessments. It is intended that the Agriculture (Department) is adopting, as fiscal period unless modified, assessment rate as issued herein will be a final rule, without change, the suspended, or terminated by the applicable to all assessable kiwifruit provisions of an interim final rule Secretary upon recommendation and beginning August 1, 2000, and continue which decreased the assessment rate information submitted by the until amended, suspended, or established for the Kiwifruit Committee or other information terminated. This rule will not preempt Administrative Committee (Committee) available to the Secretary. any State or local laws, regulations, or for the 2000–2001 and subsequent fiscal In the telephone conference call on policies, unless they present an periods from $0.05 to $0.03 per 22- July 13, 2000, the Committee irreconcilable conflict with this rule. pound volume fill container or unanimously recommended 2000–2001 The Act provides that administrative equivalent of kiwifruit. The Committee expenditures of $81,575 and an proceedings must be exhausted before locally administers the marketing order assessment rate of $0.03 per 22-pound parties may file suit in court. Under which regulates the handling of volume fill container or equivalent of section 608c(15)(A) of the Act, any kiwifruit grown in California. kiwifruit. In comparison, last year’s handler subject to an order may file Authorization to assess kiwifruit budgeted expenditures were $83,800. with the Secretary a petition stating that handlers enables the Committee to incur The assessment rate of $0.03 is $0.02 the order, any provision of the order, or expenses that are reasonable and lower than the rate previously in effect. any obligation imposed in connection necessary to administer the program. The Committee voted to reduce 2000– with the order is not in accordance with The fiscal period begins August 1 and 2001 budgeted expenditures and the law and request a modification of the ends July 31. The assessment rate will assessment rate to lessen the financial order or to be exempted therefrom. Such remain in effect indefinitely unless burden on California kiwifruit handlers. handler is afforded the opportunity for modified, suspended, or terminated. The following table compares major a hearing on the petition. After the budget expenditures recommended by EFFECTIVE DATE: November 27, 2000. hearing the Secretary would rule on the the Committee for the 2000–2001 and FOR FURTHER INFORMATION CONTACT: Rose petition. The Act provides that the 1999–2000 fiscal periods: M. Aguayo, Marketing Specialist, district court of the United States in any California Marketing Field Office, district in which the handler is an Budget expense 2000± 1999± Marketing Order Administration inhabitant, or has his or her principal categories 2001 2000 Branch, Fruit and Vegetable Programs, place of business, has jurisdiction to AMS, USDA, 2202 Monterey Street, review the Secretary’s ruling on the Administrative Staff & Suite 102B, Fresno, California 93721; petition, provided an action is filed not Field Salaries ...... 52,000 56,000 Travel, Food & Lodging 9,500 7,500 telephone: (559) 487–5901; Fax: (559) later than 20 days after the date of the Office Costs ...... 12,000 14,000 487–5906; or George Kelhart, Technical entry of the ruling. Vehicle Expense ...... Advisor, Marketing Order This rule continues to decrease the Account ...... 4,000 2,300 Administration Branch, Fruit and assessment rate established for the Annual Audit ...... 4,075 4,000 Vegetable Programs, AMS, USDA, room Committee for the 2000–2001 and 2525–S, PO Box 96456, Washington, DC subsequent fiscal periods from $0.05 to The assessment rate recommended by 20090–6456; telephone: (202) 720–2491, $0.03 per 22-pound volume fill the Committee was derived by Fax: (202) 720–5698. container or equivalent of kiwifruit. considering the amount of funds in the Small businesses may request The California kiwifruit marketing Committee’s operating reserve, information on complying with this order provides authority for the anticipated expenses, and expected regulation by contacting Jay Guerber, Committee, with the approval of the shipments of California kiwifruit. Marketing Order Administration Department, to formulate an annual Kiwifruit shipments for the year are Branch, Fruit and Vegetable Programs, budget of expenses and collect estimated at 2,704,545 22-pound AMS, USDA, room 2525–S, PO Box assessments from handlers to administer volume fill containers or equivalents of 96456, Washington, DC 20090–6456; the program. The members of the kiwifruit, which should provide $81,136 telephone: (202) 720–2491, Fax: (202) Committee are producers of California in assessment income at an assessment
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Total cost on U.S. airplane Labor cost Parts cost Total cost per airplane operators
1 workhour × $60 per hour = $60 ...... No part required for the ...... $60 per airplane ...... $60 × 108 = $6,480. inspection
We estimate the following costs to accomplish the adjustment and replacement:
Total cost on U.S. airplane Labor cost Parts cost Total cost per airplane operators
2 workhours × $60 per hour = $120 ...... The manufacturer will pro- $120 per airplane ...... $120 × 108 = $12,960. vide replacement parts at no charge to the owner/ operator of the affected airplanes.
Regulatory Impact obtained by contacting the Rules Docket (a) What airplanes are affected by this AD? Does this AD impact various entities? at the location provided under the This AD affects Models PC–12 and PC–12/45 The regulations adopted herein will not caption ADDRESSES. airplanes, manufacturer serial numbers (MSN) 101 through MSN 301, that: have a substantial direct effect on the List of Subjects in 14 CFR Part 39 States, on the relationship between the (1) Are certificated in any category; and Air transportation, Aircraft, Aviation (2) Are equipped with any of the following national government and the States, or safety, Incorporation by reference, Pilatus torque oil-pressure tubes and py on the distribution of power and pressure pipe assemblies: responsibilities among the various Safety. (i) Pilatus part number (P/N) 577.11.12.105 levels of government. Therefore, it is Adoption of the Amendment (or FAA-approved equivalent part number); determined that this final rule does not (ii) Pratt & Whitney Canada (P&WC) P/N have federalism implications under Accordingly, under the authority 3119969 (or FAA-approved equivalent part Executive Order 13132. delegated to me by the Administrator, number); and Does this AD involve a significant rule the Federal Aviation Administration (iii) Pilatus P/N 577.11.12.104 (or FAA- or regulatory action? For the reasons amends part 39 of the Federal Aviation approved equivalent part number). discussed above, I certify that this Regulations (14 CFR part 39) as follows: (b) Who must comply with this AD? action (1) is not a ‘‘significant regulatory PART 39ÐAIRWORTHINESS Anyone who wishes to operate any of the action’’ under Executive Order 12866; DIRECTIVES above airplanes must comply with this AD. (2) is not a ‘‘significant rule’’ under DOT (c) What problem does this AD address? Regulatory Policies and Procedures (44 1. The authority citation for part 39 The actions specified by this AD are intended FR 11034, February 26, 1979); and (3) continues to read as follows: to correct chafing damage and consequent will not have a significant economic Authority: 49 U.S.C. 106(g), 40113, 44701. loss of engine oil caused by rubbing pipes. impact, positive or negative, on a Such damage could result in loss of § 39.13 [Amended] substantial number of small entities propulsion during critical phases of flight. under the criteria of the Regulatory 2. FAA amends Section 39.13 by (d) What actions must I accomplish to Flexibility Act. adding a new AD to read as follows: address this problem? To address this A copy of the final evaluation 2000–21–14 Pilatus Aircraft Ltd.: problem, you must accomplish the following prepared for this action is contained in Amendment 39–11946; Docket No. actions: the Rules Docket. A copy of it may be 2000–CE–03–AD.
Actions Compliance times Procedures
(1) Inspect the torque oil-pressure tubes and the py Within the next 50 hours time-in-service Accomplish in accordance with the AC- pressure pipe assemblies for abrasion damage and (TIS) after December 15, 2000 (the ef- COMPLISHMENT INSTRUCTIONSÐ distortion. fective date of the AD). AIRCRAFT paragraph of Pilatus Service Bulletin No. 71±004, dated December 22, 1999. (2) If there is any abrasion damage or distortion, ac- Before further flight after the inspection ..... As specified in the above-referenced serv- complish the following. ice information. (i) Replace the pipes and tubes with the damage or distortion; and (ii) Make sure there is a clearance distance of not less than 0.12 inches (3.0 millimeters), and make any appropriate adjustments. (3) If no abrasion damage or distortion is found, make Before further flight after the inspection ..... As specified in the above-referenced serv- sure there is a clearance distance of not less than ice information. 0.12 inches (3.0 millimeters), and make any appro- priate adjustments.
(e) Can I comply with this AD in any other (1) Your alternative method of compliance Submit your request through an FAA way? You may use an alternative method of provides an equivalent level of safety; and Principal Maintenance Inspector, who may compliance or adjust the compliance time if: (2) The Manager, Small Airplane add comments and then send it to the Directorate, approves your alternative. Manager, Small Airplane Directorate.
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Note 1: This AD applies to each airplane SUMMARY: This final rule revises the Revisions to OPIC’s fee schedule can identified in paragraph (a) of this AD, Overseas Private Investment be found at § 706.34. The duplication regardless of whether it has been modified, Corporation’s (‘‘OPIC,’’ or ‘‘the charge will remain fifteen cents per altered, or repaired in the area subject to the Corporation’’) Freedom of Information page, while the document search and requirements of this AD. For airplanes that Act (‘‘FOIA’’) regulations by making review charges will increase to $16 and have been modified, altered, or repaired so that the performance of the requirements of substantive and administrative changes. $35 per hour, respectively. The amount this AD is affected, the owner/operator must These revisions supersede OPIC’s at or below which OPIC will not charge request approval for an alternative method of current FOIA regulations, located at this a fee is set at $15. compliance in accordance with paragraph (e) Part. The final rule incorporates the This revision also notifies OPIC’s of this AD. The request should include an FOIA revisions contained in the business submitters of the requirement assessment of the effect of the modification, Electronic Freedom of Information Act that OPIC transfer legal custody and alteration, or repair on the unsafe condition Amendments of 1996 (Pub. L. 104–231) control of certain records to the National addressed by this AD; and, if you have not (‘‘EFOIA’’), conforms OPIC’s regulations Archives pursuant to applicable federal eliminated the unsafe condition, specific to current OPIC FOIA practices, and records schedules. actions you propose to address it. converts the regulations to a plain OPIC published a proposed rule at 65 (f) Where can I get information about any English format. The final rule also FR 30369, May 11, 2000, and invited already-approved alternative methods of reflects the disclosure principles interested parties to submit comments. compliance? Contact Roman T. Gabrys, OPIC received one set of comments and Aerospace Engineer, FAA, Small Airplane established by President Clinton and Directorate, 901 Locust, Room 301, Kansas Attorney General Reno in their FOIA made several changes to its proposed City, Missouri 64106; telephone: (816) 329– Policy Memorandum of October 4, 1993, rule based on the commentator’s 4141; facsimile: (816) 329–4090. and reiterated in Attorney General suggestions. (g) What if I need to fly the airplane to Reno’s September 3, 1999 FOIA OPIC adopted the following another location to comply with this AD? The Memorandum to the heads of federal suggestions. First, OPIC revised FAA can issue a special flight permit under departments and agencies. Finally, the § 706.31(b)(1) to describe more clearly sections 21.197 and 21.199 of the Federal final rule adds a notice to OPIC’s how the Corporation handles FOIA Aviation Regulations (14 CFR 21.197 and business submitters concerning access requests that do not reasonably describe 21.199) to operate your airplane to a location the records sought. The commentator where you can accomplish the requirements to OPIC records that have been transferred to the legal custody and stated that OPIC’s proposed regulation of this AD. did not ‘‘adequately guarantee that (h) Are any service bulletins incorporated control of the National Archives of the into this AD by reference? Actions required United States (‘‘National Archives’’). requesters whose requests need to be clarified will be contacted in a timely by this AD must be done in accordance with DATES: This rule is effective November and effective manner so that their Pilatus Service Bulletin No. 71–004, dated 15, 2000. December 22, 1999. The Director of the requests can be processed quickly.’’ The Federal Register approved this incorporation FOR FURTHER INFORMATION CONTACT: final rule specifies in more detail OPIC’s by reference under 5 U.S.C. 552(a) and 1 CFR Laura A. Naide, FOIA Director, (202) procedures for treatment of ambiguous part 51. You can get copies from Pilatus 336–8426, or Eli H. Landy, FOIA requests. Aircraft Ltd., Customer Liaison Manager, Counsel, (202) 336–8418. Second, OPIC modified § 706.34(e) CH–6371 Stans, Switzerland. You can look at SUPPLEMENTARY INFORMATION: This concerning special service charges to copies at the FAA, Central Region, Office of revision of part 706 incorporates clarify that requesters will be provided the Regional Counsel, 901 Locust, Room 506, changes to the language and structure of advance notice of the actual cost of any Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, the regulations and adds new provisions requested service(s) that OPIC has NW., suite 700, Washington, DC. to implement the EFOIA. New agreed to provide. OPIC provides (i) When does this amendment become provisions implementing the special services such as certification of effective? This amendment becomes effective amendments are found at § 706.12 documents and rapid delivery methods on December 15, 2000. (defining ‘‘search’’ to include electronic as a convenience to its FOIA requesters. Note 2: The subject of this AD is addressed searches), § 706.21 (electronic reading FOIA requesters are not required to use in Swiss AD Number HB 2000–007, dated room), § 706.31 (format of disclosure), special services and may withdraw a January 17, 2000. § 706.32 (timing of responses and request for special services if they do Issued in Kansas City, Missouri, on expedited processing), and § 706.33 not wish to pay the stated cost. October 17, 2000. (material withheld). OPIC is already OPIC considered, but did not adopt Michael Gallagher, complying with these statutory the following suggestions. First, OPIC requirements; this final rule serves as did not adopt the suggestion that the Manager, Small Airplane Directorate, Aircraft Certification Service. OPIC’s formal codification of the Corporation include in its regulations a applicable law and its practice. provision granting expedited processing [FR Doc. 00–27222 Filed 10–26–00; 8:45 am] Under the EFOIA, an agency may to records that are subject to multiple BILLING CODE 4910±13±U provide by regulation for multiple (i.e., five or more) pending FOIA ‘‘tracks’’ in responding to FOIA requests requests. OPIC could establish this depending upon the amount of time and discretionary category of ‘‘expedited OVERSEAS PRIVATE INVESTMENT work involved in responding to processing’’ under FOIA subsection 5 CORPORATION different kinds of requests (‘‘multitrack U.S.C. 552(a)(6)(E)(i)(II), but the processing’’). OPIC will not implement Corporation does not believe it would 22 CFR Part 706 multitrack processing. Because OPIC serve a useful purpose to do so. OPIC’s RIN 3420±ZA00 receives a limited number of FOIA FOIA program is flexible enough to requests each year and is able to accommodate multiple requests and Freedom of Information; Final Rule respond to the great majority of them on respond to them in a timely manner AGENCY: Overseas Private Investment a timely basis, OPIC does not need to without giving such requests expedited Corporation. provide separate processing tracks for status. more complicated versus simpler FOIA The commentator was concerned that ACTION: Final rule. requests. OPIC’s response to multiple requests for
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706.34 What, if any, fees will I be charged? outside parties to provide documents in Person—An individual, partnership, 706.35 When will OPIC reduce or waive order to satisfy a FOIA request. OPIC corporation, association, or fees? may, however, in its discretion and in organization, other than a federal 706.36 How may I appeal a partial or total consultation with a FOIA requester, government agency. denial of records? create a new record as a partial or Record—All papers, memoranda, or Subpart DÐRights of Submitters of complete response to a FOIA request. In other documentary material, or copies Confidential Business Information responding to requests for information, thereof, regardless of physical form or 706.41 How should business submitters OPIC will consider only those records characteristics, created or received by designate business information in within its possession and control as of OPIC and within OPIC’s possession and materials submitted to OPIC? the date of the request. This regulation control. ‘‘Record’’ does not include 706.42 When will OPIC notify business does not apply to requests for records publications that are available to the submitters of a pending FOIA request? under the Privacy Act, 5 U.S.C. 552a. 706.43 Who will OPIC notify if a FOIA public through the Federal Register, by lawsuit is filed? OPIC’s regulations governing Privacy sale or through free distribution. 706.44 What happens to business Act requests are located at 22 CFR part Redaction—The process of removing information contained in OPIC records 707. non-disclosable material from a record transferred to the National Archives of (d) OPIC Internet Site. OPIC maintains so that the remainder may be released. the United States? an Internet site at www.opic.gov. This Representative of the news media—A Authority: 5 U.S.C. 552, as amended; site contains information on OPIC functions, activities, programs, and person actively gathering information Executive Order 12600; 44 U.S.C. 2901, et. on behalf of an entity organized and seq. transactions. OPIC encourages all prospective requesters of information, operated to publish or broadcast news to PART 706ÐFREEDOM OF whether under FOIA or otherwise, to the public. Freelance journalists qualify INFORMATION visit its Internet site prior to submitting as representatives of the news media a request. when they can demonstrate that a Subpart AÐGeneral (e) OPIC address. OPIC is located at request is reasonably likely to lead to publication. § 706.11 General Provisions. 1100 New York Avenue, NW., Washington, DC 20527. All Request—Any request made to OPIC (a) Purpose. The purpose of this part correspondence should be sent to this under the FOIA. is to help interested parties obtain address. Requester—Any person making a access to OPIC records. Many OPIC request. records may be accessed by the public § 706.12 Definitions. Review—The examination of a record without filing a formal request under For purposes of this subpart, the located in response to a request in order the FOIA. Records that are not routinely following definitions apply: to determine whether any portion of the available, however, must be requested All other requesters—Requesters other record is exempt from disclosure. under the FOIA. This part also informs than commercial use requesters, Review also includes processing any OPIC’s business submitters of their right educational and non-commercial record for disclosure—for example, to be notified of a request for disclosure scientific requesters, or representatives redacting and preparing the record for of business information and to object to of the news media. such disclosure. Finally, this part Business information—Trade secrets disclosure. Review also includes time provides information about access to and confidential or privileged spent considering any formal objection records that OPIC has transferred to the commercial or financial information to disclosure made by a business National Archives. obtained from any person, including, submitter, but does not include time (b) Policy. OPIC’s policy is to make its but not necessarily limited to, spent resolving general legal or policy records available to the public to the information contained in individual issues regarding the application of greatest extent possible, in keeping with case files relating to such activities as exemptions. the spirit of the FOIA. This policy insurance, loans, and loan guaranties. Search—The process of looking for includes providing reasonably Business submitter—Any person that and retrieving records or information segregable information from records that provides business information to OPIC. responsive to a request. It includes page- also contain information that may be Educational institution—A preschool, by-page or line-by-line identification of withheld under the FOIA. However, a public or private elementary or information within records and also implementation of this policy also secondary school, an institution of includes reasonable efforts to locate and reflects OPIC’s view that the soundness undergraduate or graduate higher retrieve information from records and viability of many of its programs education, or an institution of maintained in electronic form or format. depend in large measure upon full and professional or vocational education. Working days—All calendar days reliable commercial, financial, technical FOIA—The Freedom of Information excluding Saturdays, Sundays, Federal and business information received from Act, as amended, 5 U.S.C. 552. Government holidays, and any other applicants for OPIC assistance and that National Archives—The National day on which OPIC is not open for the willingness of those applicants to Archives of the United States. business. provide such information depends on Non-commercial scientific OPIC’s ability to hold it in confidence. institution—An institution that is Subpart BÐProcedures for Obtaining Consequently, except as provided by operated for the purpose of conducting Publicly Available Records law and this part, information provided scientific research, the results of which are not intended to promote any § 706.21 What types of OPIC records are to OPIC in confidence will not be publicly available, and how do I obtain disclosed without the submitter’s particular product or industry, and that access to or copies of these records? consent. is not operated solely for purposes of (c) Scope. This regulation applies to furthering a business, trade, or profit (a) Electronic Access. all agency records in OPIC’s possession interest. (1) Many OPIC records are readily and control. This regulation does not OPIC—The Overseas Private available to the public by electronic compel OPIC to create records or to ask Investment Corporation. access, including OPIC’s Annual Report,
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OPIC’s Program Handbook, OPIC press ask to be connected with the Press released records in the format most releases, and application forms for OPIC Office or write to the Press Office. convenient to OPIC. assistance. Persons seeking information (5) Reading room material. Pursuant (3) You must include your mailing are encouraged to visit OPIC’s Internet to the FOIA, OPIC maintains certain address and telephone number. You site at: www.opic.gov. records for public inspection and may also provide your electronic mail (2) Records relating to OPIC’s FOIA photocopying, including records that address, which will allow OPIC to program, including records required by have been the subject of frequent FOIA contact you quickly to discuss your the FOIA to be made available requests. To obtain access to or copies request and, in some instances, to electronically, records which have been of these records, call (202) 336–8400 respond to your request electronically. the subject of frequent FOIA requests, and ask to be connected with the FOIA (4) You must state your willingness to and OPIC’s annual FOIA Report are Office or write to the FOIA Office. OPIC pay fees under this Part or, alternately, available in OPIC’s Electronic Reading maintains an index of FOIA reading your willingness to pay fees up to a Room. OPIC’s Electronic Reading Room room records, which is updated specified limit. If you believe that you may be accessed through the ‘‘FOIA’’ regularly. qualify for a partial or total fee waiver link on OPIC’s Internet site at: under § 706.35(a), you should request a www.opic.gov. The Electronic Reading Subpart CÐProcedures for Obtaining waiver and provide justification as Room also contains an index of records Records Under the FOIA required by § 706.35(b). If your request available electronically. Generally, only does not contain a statement of your records created after November 1, 1996 § 706.31 How do I request copies of or willingness to pay fees or a request for are available electronically. access to OPIC records that are not otherwise available to the public? a fee waiver, OPIC will advise you of the (b) Offline Access. Publicly-available requirements of this paragraph. If you OPIC materials are readily available on (a) Submitting a request. To request fail to respond within ten working days OPIC’s Internet site at www.opic.gov. If records that are not otherwise available of such notification, OPIC will stop you do not have access to the Internet, to the public, submit a written request processing your request. you may obtain many of the same to OPIC’s FOIA Office either by mail, by materials by contacting one or more of hand delivery, by facsimile transmission § 706.32 When will I receive a response to the sources listed below. to (202) 408–0297, or by electronic mail my FOIA request? (1) General information. General to [email protected]. You must state that (a) General. The FOIA requires OPIC information (e.g., OPIC’s Annual Report, you are requested records under the to respond within twenty working days OPIC’s Program Handbook, and FOIA. Your request is considered after the date on which OPIC’s FOIA application forms for OPIC assistance) received by OPIC upon actual receipt by Office received the request. are available from OPIC’s Information OPIC’s FOIA Office. (b) Order of processing. Generally, Officer. To obtain access to or copies of (b) Format. Although FOIA requests OPIC responds to FOIA requests in the these records, call (202) 336–8400 and do not need to follow a specific format, order in which they are received. ask to be connected with the you must include the following (c) Extensions. (1) In unusual circumstances, OPIC Information Officer, or write to the information: Information Officer. You may also may require an extension of time in obtain general information by calling (1) You must reasonably describe the which to respond to your request. OPIC the OPIC InfoLine at (202) 336–8799 records you seek. This means that you will provide written notice to you and you may obtain documents by must provide enough detail to enable whenever such unusual circumstances facsimile by calling the OPIC FactsLine OPIC personnel, using reasonable exist. Unusual circumstances may at (202) 336–8700. efforts, to locate the records. Whenever include, for example: The need to (2) Claims information. OPIC’s possible, your request should include search for and collect requested records Department of Legal Affairs maintains specific information about each record from storage facilities located outside of public information files relating to the sought, such as the date, title or name, OPIC’s premises; the need to search for, determination of claims filed under author, recipient, and subject matter. collect, and appropriately examine a OPIC’s political risk insurance contracts Any request that does not reasonably voluminous amount of separate and and a list of all claims resolved by cash describe the records sought will not be distinct records that are requested in a settlements or guaranties. To obtain considered received by OPIC until the single request; or the need for access to or copies of these records, call request is clarified. If your request does consultation with another agency (202) 336–8400 and ask to be connected not reasonably describe the records you having a substantial interest in the with the Claims Assistant in Legal seek, OPIC will make reasonable efforts request. If the extension is expected to Affairs or write to the Claims Assistant, to contact you and tell you what exceed ten working days, OPIC will Department of Legal Affairs. additional information you need to offer you the opportunity to: (3) Materials concerning OPIC’s Board provide in order to clarify your request. (i) Alter your request so that of Directors. The Corporate Secretary You then will have an opportunity to processing may be accelerated; or maintains public information files modify your request to meet the (ii) Propose an alternative, feasible containing the minutes of the public requirements of this section. Any time time frame for processing the request. portions of Board of Directors meetings, you spend clarifying your request (2) When OPIC reasonably believes as well as publicly-releasable Board (discussing your request with OPIC and that multiple requests submitted by a resolutions. To obtain access to or preparing a revised request) is excluded requester, or by a group of requesters copies of these records, call (202) 336– from the 20 working-day period (or any acting in concert, constitute a single 8400 and ask to be connected with the extension of this period) that OPIC has request that would otherwise involve Corporate Secretary or write to the to respond to your request. unusual circumstances, and the requests Corporate Secretary. (2) You must state the format (e.g., involve clearly related matters, such (4) Press Releases. OPIC’s Press Office paper, computer disk, etc.) in which you requests may be aggregated for purposes maintains copies of OPIC’s press would like OPIC to provide the of this section. releases. To obtain access to or copies of requested records. If you do not state a (d) Expedited processing. OPIC will these records, call (202) 336–8400 and preference, you will receive any expedite processing of your FOIA
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(b) The Air Force will not transfer a (f) Ordinarily, do not return an Air (4) Indicate whether the requesting military member from a base within one Force member stationed outside the authorities will secure the member’s state to a base within another state for United States to the United States for lawful delivery or extradition from the the purpose of making the member delivery to civilian authorities if the port of entry to the requesting amenable to prosecution by civilian offense is not specified in paragraph (e) jurisdiction, whether they will do so at authorities. of this section. TJAG may direct return their own expense, and whether they when deemed appropriate under the will notify HQ AFLSA/JAJM of the § 884.9 Request for custody of members facts and circumstances of the particular member’s release from custody and of stationed outside the United States. case. the ultimate disposition of the matter. (a) Authority. This section (g) Before taking action under this (5) Any U.S. attorney or assistant U.S. implements Pub. L. 100–456, section section, give the member the attorney, governor or other duly 721(a), and DoD Directive 5525.9, opportunity to provide evidence of legal authorized officer of a requesting state December 27, 1988. efforts to resist the court order or or local jurisdiction, or the judge, (b) The Air Force expects members to process sought to be enforced or magistrate, or clerk of a court of comply with orders issued by Federal or otherwise to show legitimate cause for competent jurisdiction must sign the state court of competent jurisdiction, noncompliance.4 request. unless noncompliance is legally (b) Civilian authorities making justified. Air Force members who § 884.10 Returning members, employees, and family members from overseas. requests for return of members to the persist in noncompliance are subject to United States for delivery to them The Air Force expects persons adverse administrative action, including should direct their request to HQ overseas wanted by Federal or state separation for cause under AFI 36–3206, AFLSA/JAJM. If another Air Force authorities to make themselves available Administrative Discharge Procedures, agency or official receives the request, to those authorities for disposition. If and AFI 36–3208, Administrative immediately send it to HQ AFLSA/ they do not, DoD Directive 5525.9, Separation of Airmen. JAJM. Compliance of DoD Members, (c) Air Force officials will ensure that (c) Upon receipt of a request, HQ Employees, and Family Members members do not use assignments or AFLSA/JAJM promptly notifies the Outside the United States With Court officially sponsored residence outside member’s commander, who consults Orders, 10 U.S.C. 814, and Pub. L. 100– the United States to avoid compliance with the servicing staff judge advocate. 456, section 721(a), authorize and with valid orders of Federal or state The commander provides a report of require commanders to respond court of competent jurisdiction. relevant facts and circumstances and promptly to requests from civilian (d) Noncompliance with a court order recommended disposition of the request authorities for assistance in returning may be legally justified when the through command channels to HQ members, civilian employees, and individual can adequately demonstrate AFLSA/JAJM. If the commander family members from overseas. that the conduct, which is the subject of recommends denial of the request or a the complaint or request, was § 884.11 Procedures for return of an Air delay in processing or approving it, the sanctioned by supplemental court Force member to the United States. commander provides the information orders, equally valid court orders of (a) Include the following information specified in § 884.12(a)(1) through (a)(4) other jurisdictions, good faith legal in a request for return of an Air Force or § 884.13(a)(1) through (a)(4). efforts to resist the request, or other member to the United States for delivery (d) After proper authority has reasons. HQ USAF/JAG, HQ AFLSA/ to civilian authorities. approved a request for return of a JACA, and Air Force legal offices in the (1) Fully identify the member sought member to the United States for delivery jurisdiction concerned will provide by providing the member’s name, grade, to civilian authorities, HQ AFLSA/JAJM legal support to servicing staff judge SSN, and unit of assignment, to the notifies AFPC of the decision to return advocates who request assistance in extent the information is known. the member to the United States. AFPC reviewing these issues. (2) Specify the offense for which the issues permanent change of station (e) When Federal, state, or local member is sought. If the member is (PCS) orders, assigning the member to authorities request delivery of an Air charged with a crime, specify the an installation as close to the requesting Force member stationed outside the maximum punishment under the laws jurisdiction as possible, considering the United States who is convicted of or of the requesting jurisdiction. Specify needs of the Air Force for personnel in charged with a felony or other serious whether the member is sought in the member’s rank and AFSC. offense or who is sought by such connection with the unlawful or (e) HQ AFLSA/JAJM notifies authorities in connection with the contemptuous taking of a child from the requesting authorities of the member’s unlawful or contemptuous taking of a jurisdiction of a court or the lawful new assignment, port of entry into the child from the jurisdiction of a court or custody of another. United States and estimated time of from the lawful custody of another (3) Include copies of all relevant arrival. Except during unusual person, the member’s commander will requests for assistance, indictments, circumstances, HQ AFLSA/JAJM normally expeditiously return the information, or other instruments used notifies requesting authorities at least 10 member to the United States for delivery to bring charges, all relevant court days before the member’s return. to the requesting authorities. orders or decrees, and all arrest (1) A serious offense is defined as one warrants, writs of attachment or capias § 884.12 Delays in returning members to punishable by confinement for more (writs authorizing arrests), or other the United States. than 1 year under the laws of the process directing or authorizing the (a) On a request to return a member requesting jurisdiction. requesting authorities to take the to the United States for delivery to (2) Delivery of the member is not member into custody. Also, include civilian authorities. TJAG may grant a required if the controversy can be reports of investigation and other delay of not more than 90 days in resolved without returning the member materials concerning the background of completing action when one or more of to the United States or if the request for the case if reasonably available. the following are present: delivery of the member is denied in (1) Efforts are in progress to resolve accordance with this instruction. 4 See footnote in § 884.1 the controversy to the satisfaction of the
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September 4, 1992, and issued by the 1999, (See 64 FR 70205). In that action, or modifications to major sources in the Director, Air Quality Management EPA proposed to require the State of Birmingham area must be at least two to Division, Subject: Procedures for Alabama to submit an attainment SIP one. If the State of Alabama does not Processing Requests to Redesignate within six months after final action is make a complete submission within six Areas to Attainment (Calcagni taken on the SIP call and to implement months after the offset sanction applies, Memorandum). controls by May 2003. then the highway funding sanction will Based on three years of air quality apply, in accordance with CAA sections II. Why is EPA Issuing This SIP call for data from 1991–1993, the Birmingham 179(a) and (b)(1) and 40 CFR 52.31. In the Birmingham Marginal Ozone area attained the 1-hour ozone standard, addition, sanctions would apply in the Nonattainment Area? thus meeting the requirement for the same manner if the State of Alabama area to attain the 1-hour ozone NAAQS To assure that SIPs provide for the submits a plan that EPA determines is by November 15, 1993. The area attainment and maintenance of the incomplete or that EPA disapproves. continued to maintain the ozone relevant NAAQS, section 110(k)(5) of Finally, CAA section 110(c) provides NAAQS through 1994. The State of the CAA authorizes EPA to find that a that EPA promulgate a federal Alabama through ADEM submitted a SIP is substantially inadequate to attain implementation plan (FIP) no later than request for redesignation of the or maintain a NAAQS, and to require 24 months after a finding of failure to Birmingham marginal ozone (‘‘call for’’) the State to submit, within submit a SIP unless the State of nonattainment area to attainment on a specified period, a SIP revision to Alabama has submitted and EPA has March 16, 1995. In a letter dated correct the inadequacy. This CAA approved the attainment plan. February 15, 1995, addressing the requirement for a SIP revision is known prehearing submittal, EPA requested as a ‘‘SIP call.’’ The CAA authorizes IV. Response to Comments Received on that ADEM submit supplemental EPA to allow a state up to 18 months to the Proposed SIP Call information needed for the respond to a SIP call. EPA is issuing this EPA received seventeen comments in redesignation request to be approvable. SIP call, because violations of the 1- response to the proposed SIP call. EPA ADEM submitted this supplemental hour ozone NAAQS have been recorded compiled the comments into seven information to EPA on July 21, 1995. A in the Birmingham area for the last categories, and they are addressed direct final rule approving the several 3-year periods, which were after below. redesignation request was signed by the the required attainment date of Comment 1. ‘‘Even though ADEM’’ s Regional Administrator and forwarded November 15, 1993. EPA is authorized regulatory development is short in to the EPA Federal Register Office on under section 110(k)(5) to issue this SIP comparison to most states, a minimum August 15, 1995. The direct final rule call requiring the State of Alabama to of six months is necessary from contained a 30 day period for public develop a 1-hour ozone attainment plan proposal to effective date. If, for comment on the redesignation request. as a SIP revision for the Birmingham example, significant comments are Prior to publication of the document, area because EPA finds the current received, this process can be even EPA determined that the area registered Alabama SIP inadequate to assure longer. Moreover, a sufficient time a violation of the 1-hour ozone NAAQS attainment and maintenance of the 1- period should be given to enable the based on an exceedance that occurred hour ozone NAAQS. Also, in stakeholder group to provide adequate August 18, 1995. As a result, EPA consideration of the length of time that input. Six months is simply not enough directed the Office of Federal Register to has passed since the required time to fully address the area’s ozone recall the direct final rule from being attainment date of November 15, 1993, problem.’’ published. The ambient data was the substantial air quality modeling Response: EPA is authorized under quality assured according to established already completed, and the ongoing section 110(k)(5) to issue this SIP call procedures for validating such discussions with ADEM, EPA believes it requiring the State of Alabama to monitoring data. Subsequently, EPA is reasonable to require the State of develop a 1-hour ozone attainment SIP withdrew the approval notice, and Alabama to make the submittal within revision for the Birmingham area. EPA disapproved the maintenance plan and six months of finalization of this SIP can allow up to 18 months for a State redesignation request. EPA also revoked call. to submit a plan, but has the discretion the NO waiver for the Birmingham area to determine what is a reasonable X III. What Happens if the State of which was previously granted based on timeframe for submission of a plan in Alabama Does Not Submit a SIP a determination that the area had clean response to a SIP call. EPA believes that Revision Responding to This SIP Call? air quality data (62 FR 49158, six months is reasonable. In a letter September 19, 1997). Additional If EPA finds the State of Alabama has dated February 4, 1997, EPA requested violations of the 1-hour ozone NAAQS failed to submit a complete 1-hour that the State of Alabama provide a were recorded in the Birmingham area ozone attainment plan for the timeline identifying when a 1-hour during the 1996 and 1997 ozone Birmingham nonattainment area as attainment SIP would be submitted. In seasons, prompting EPA to request that required by this SIP call, or disapproves response, ADEM submitted a timeline in the State of Alabama adopt a federally the attainment plan, EPA will apply a letter dated March 13, 1997, that had enforceable commitment to submit a SIP sanctions within 18 months of the a submission date for the 1-hour revision that would provide for the finding as authorized by sections attainment SIP of March 1998. Because attainment of the 1-hour ozone NAAQS. 110(m), 179(a)(1), and 179(a)(2) of the of several policy changes associated Because ADEM submitted the final CAA. Sanctions available to EPA under with the new 8-hour ozone standard, commitment without Board adoption section 179 of the CAA include highway EPA requested that the State of Alabama which prevented approval into the sanctions and emission offsets. Pursuant adopt a federally enforceable federally enforceable SIP, Region 4 to EPA implementing regulations at 40 commitment to submit a SIP that would informed the State that a SIP call would CFR 52.31, the emission offset sanction provide for the attainment of the 1-hour be initiated. is applied first. Under this sanction, the ozone NAAQS. ADEM submitted the The proposed rulemaking notice ratio of emission reductions that must final commitment without Board announcing the SIP call was published be obtained to offset increased adoption, precluding approval into the in the Federal Register on December 16, emissions caused by new major sources federally enforceable SIP. That
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III. What Were the Requirements for Connecticut General Satutes. This EPA’s review of this material Full Approval of the Connecticut section of the SIP now meets the indicates that Connecticut has corrected Program? requirements of EPA’s I/M rule. all of the deficiencies with regard to I/ Approval of Connecticut’s I/M 4. Quality Assurance—40 CFR M as described in the March 10, 1999 program SIP required submission of 51.363—The state has submitted the limited approval of the program. information to meet the requirements of needed procedures manuals in Exhibit 4 V. EPA Action the following sections of the regulations: of the November 16, 1999 submittal. This section of the SIP now meets the EPA is converting its limited approval Network Type and Program of Connecticut’s enhanced I/M program Evaluation—40 CFR 51.353; Waivers requirements of EPA’s I/M rule. 5. Enforcement Against Contractors, to a full approval. An extensive and Compliance Via Diagnostic discussion of Connecticut’s enhanced I/ Inspection—40 CFR 51.360; Motorist Stations and Inspectors—40 CFR 51.364—Exhibit 5 of the November 16, M program and our rationale for our Compliance Enforcement Program limited approval action was provided in Oversight—40 CFR 51.362; Quality 1999 submittal contains a description of enforcement authority Connecticut has the previous final rule for the Assurance—40 CFR 51.363; Connecticut enhanced I/M program Enforcement Against Contractors, over the contractor that is operating the I/M program. Essentially, Connecticut published on March 10, 1999 (see 64 FR Stations and Inspectors—40 CFR 51.364; 12005). This action to convert our Public Information and Consumer can hold the contractor liable under the contract for monetary penalties for limited approval to a full approval is Protection—40 CFR 51.368; Compliance being published without prior proposal with Recall Notices—40 CFR 51.370; violations of the contract and the contract provides for disbarment of because we view this as a and On-road Testing—40 CFR 51.371. noncontroversial amendment and inspectors upon a finding of program because we anticipate no adverse IV. How Did Connecticut Fulfill These violations or incompetence. The comments. In a separate document in Requirements for Full Approval? submittal also includes Connecticut the ‘‘Proposed Rules’’ section of this Regulations pertaining to disciplinary On November 16, 1999, Connecticut Federal Register publication, we are and termination action with respect to submitted revisions to its enhanced I/M proposing to convert our limited state of Connecticut employees: SIP to EPA in order to correct approval of Connecticut’s enhanced I/M Regulation 5–240–1.—Suspension.; conditions for full approval. The program SIP revision to a full approval Regulation 5–240–2.—Demotion.; and following is a description of the if relevant adverse comments are filed. Regulation 5–240–3.—Dismissal. This measures which Connecticut has This action will be effective without submitted to meet each of the deficient section of the SIP now meets the further notice unless we receive relevant areas described in the March 10, 1999 requirements of EPA’s I/M rule. adverse comment by November 27, limited approval. 6. Public Information and Consumer 2000. If we receive such comment, we 1. Network Type and Program Protection—40 CFR 51.368— will publish a timely withdrawal in the Evaluation—40 CFR 51.353— Connecticut has submitted additional Federal Register informing the public Connecticut will utilize the NYTEST material in Exhibit 6 of the November that the rule will not take effect. We will test performed on 1100 randomly 16, 1999. With this supplementary address all public comments in a selected vehicles in the test lanes. This material the SIP meets all requirements subsequent final rule based on the is an acceptable option for program of this section of EPA’s I/M Rule. proposed rule. Any parties interested in evaluation testing as explained in 7. Compliance with Recall Notices— commenting must do so at this time. If Inspection and Maintenance Program 40 CFR 51.370—Connecticut has no such comments are received by Evaluation Methodologies (EPA420–S– provided in Exhibit 7 of the November November 27, 2000, you are advised 98–015). The legal authority for program 16, 1999 submittal an agreement with that this action will be effective on evaluation is in Section 14–164c(e)(C) the contractor to enforce compliance December 26, 2000. You should send and Section 164h(a) and (b) of the with all recall notices prior to comments to the EPA-New England Connecticut General Statutes. This completing the next inspection. This office listed in the Addresses section of section of the SIP now meets the agreement is adequate to meet the this notice. requirements of EPA’s I/M rule. requirements of EPA’s I/M rule. 2. Waivers and Compliance Via 8. On-road Testing—40 CFR 51.371— VI. Administrative Requirements Diagnostic Inspection—40 CFR 51.360— Connecticut has submitted a detailed Under Executive Order 12866 (58 FR Connecticut has submitted revised description of remote sensing program 51735, October 4, 1993), this action is regulation Section 14–164c–11a, screening 5500 vehicles per year. Legal not a ‘‘significant regulatory action’’ and entitled ‘‘Emissions Repairs authority for this program is at Section therefore is not subject to review by the Expenditure Requirements to Receive 14–164c(f) of the Connecticut General Office of Management and Budget. This Waiver,’’ requiring a $450 expenditure Statutes. When the March 10, 1999 action merely approves state law as for a waiver starting in January 2000, limited approval was granted, states meeting Federal requirements and and $450 adjusted each year for the cost were required to have as part of the off- imposes no additional requirements of living beginning in January 2001. road testing program a requirement that beyond those imposed by state law. This regulation was effective on June 24, vehicles which exceeded standards for Accordingly, the Administrator certifies 1999. This section of the SIP now meets this program be subjected to an out-of- that this rule will not have a significant the requirements of EPA’s I/M rule. cycle I/M test. However, the I/M economic impact on a substantial 3. Motorist Compliance Enforcement flexibility rule EPA published in the number of small entities under the Program Oversight—40 CFR 51.362— Federal Register on July 24, 2000 (65 FR Regulatory Flexibility Act (5 U.S.C. 601 Exhibit 3 of the November 16, 1999 SIP 45526) allows states to develop on-road et seq.). Because this rule approves pre- submittal describes in detail an testing programs that do not mandate existing requirements under state law enforcement oversight program meeting out-of-cycle testing and repair. With this and does not impose any additional the requirements of this section. The change to EPA’s I/M rule, the enforceable duty beyond that required legal authority for this aspect of the Connecticut program meets the by state law, it does not contain any program is at Section 14–164c(j) of the requirements of this section. unfunded mandate or significantly or
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TABLE 52.385.ÐEPA-APPROVED REGULATIONS
Date Date Federal Connecticut state citation Title/subject Dates adopted approved by Register Section 52.370 by State EPA citation
******* 22a±174±27 ...... Emissions standards for peri- March March 64 FR 12005 (c)78 .... Revised Department of Envi- odic motor vehicle inspec- 26, 10, ronmental Protection regula- tion and maintenance. 1998. 1999. tion contain I/M emission standards. 14±164c ...... Periodic Motor Vehicle Inspec- April 7, March 64 FR 12005 (c)78 .... Revised Department of Motor tion and Maintenance. 1998. 10, Vehicles regulation for the 1999. Connecticut I/M Program. June October [Insert FR ci- (c)89 .... Revised subsection (b) of 24, 27, tation from Section 14±164c±11a of the 1999. 2000. published Department of Motor Vehi- date]. cles regulation concerning emissions repairs expendi- ture requirement to receive waver.
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[FR Doc. 00–27655 Filed 10–26–00; 8:45 am] adverse comment is received, EPA will 14, 1995. The effect of the revisions is BILLING CODE 6560±50±P publish a timely withdrawal of the to make the DEP’s rules regarding the direct final rule in the Federal Register permitting of new major sources or and inform the public that the rule will major modifications in nonattainment ENVIRONMENTAL PROTECTION not take effect. areas consistent with CAA AGENCY ADDRESSES: Comments may be mailed to requirements. Please note that if EPA 40 CFR Part 52 Steven Rapp, Unit Manager, Air Permits receives adverse comment on an Program, Office of Ecosytem Protection amendment, paragraph, or section of [MA037±01±7211a; A±1±FRL±6891±9] (mail code CAP), U.S. Environmental this rule and if that provision may be Protection Agency, EPA New England, severed from the remainder of the rule, Approval and Promulgation of Air One Congress Street, Suite 1100, Boston, EPA may adopt as final those provisions Quality Implementation Plans; MA 02114–2023. Copies of the of the rule that are not the subject of an Massachusetts; New Source Review documents relevant to this action are adverse comment. Revision available for public inspection during A. General Requirements for AGENCY: Environmental Protection normal business hours, by appointment Nonattainment NSR Requirements Agency (EPA). at the Office of Ecosytem Protection, U.S. Environmental Protection Agency, ACTION: Direct final rule. Region I, One Congress Street, 11th The air quality planning requirements for nonattainment NSR are set out in SUMMARY: EPA is approving State floor, Boston, MA; Air and Radiation part D of subchapter I of the Act. The Implementation Plan (SIP) revisions Docket and Information Center, U.S. EPA has issued a ‘‘General Preamble’’ submitted by the Commonwealth of Environmental Protection Agency, describing EPA’s preliminary views on Massachusetts. These revisions establish Room M–1500, 401 M Street, (Mail Code and require the implementation of the 6102), S.W., Washington, D.C.; and how EPA intends to review SIPs and SIP 1990 Clean Air Act Amendments Division of Air Quality Control, revisions submitted under part D, (CAAA) requirements regarding New Department of Environmental including those State submittals Source Review (NSR) in areas that have Protection, One Winter Street, 8th Floor, containing nonattainment area NSR SIP not attained the National Ambient Air Boston, MA 02108. requirements [see 57 FR 13498 (April Quality Standards (NAAQS). In FOR FURTHER INFORMATION CONTACT: 16, 1992) and 57 FR 18070 (April 28, addition, the revisions include other Brendan McCahill, (617) 918–1652. 1992)]. Because EPA is describing its definitions and permitting procedures SUPPLEMENTARY INFORMATION: interpretations here only in broad terms, that make the Massachusetts the reader should refer to the General nonattainment NSR rules consistent Background Preamble for a more detailed discussion with Federal permitting requirements. On July 15, 1994, the Massachusetts of the interpretations of part D advanced The intended effect of this action is to Department of Environmental Protection in today’s proposal and the supporting approve revisions to 310 CMR 7.00 (DEP) formally submitted a revision to rationale. Appendix A, ‘‘Emission Offsets and its State Implementation Plan (SIP) for Summary of Massachusetts’ Regulation Nonattainment Review.’’ This action is purposes of meeting the requirements of being taken in accordance with the the Clean Air Act (CAA). The revision The general nonattainment NSR Clean Air Act. consists of changes to Massachusetts’ requirements are found in sections 172 DATES: This direct final rule is effective 310 CMR 7.00 Appendix A, ‘‘Emission and 173 of part D of subchapter I of the on December 26, 2000 without further Offsets and Nonattainment Review.’’ notice, unless EPA receives adverse The DEP submitted additional changes comment by November 27, 2000. If to 310 CMR 7.00 Appendix A on April
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Act and must be met by all for growth allowances and are Such action would clearly need to occur nonattainment areas. The following consequently consistent with the Act. before any redesignation to attainment paragraphs reference the nonattainment 7. Massachusetts has a practice of within Massachusetts. NSR requirements required to be supplying information from The general nonattainment NSR submitted to EPA by November 15, 1992 nonattainment NSR licenses to EPA’s requirements are found in sections 172 and explain how Massachusetts’ rules RACT/BACT/LAER clearinghouse in and 173 of part D of subchapter I of the meet those requirements. accordance with section 173(d) of the Act and must be met by all Massachusetts’ existing SIP already CAA. nonattainment areas. The requirements contained some of these provisions 8. Massachusetts regulation 310 CMR for ozone nonattainment areas that while others are being approved today. 7.00 appendix A, section (8)(a), supplement or supersede these 1. Massachusetts regulation 310 CMR establishes provisions, in accordance requirements are found in subpart 2 of 7.00 appendix A, section (5) (a) & (b), with section 173(a)(3) of the CAA, to part D. In addition to requirements for establishes provisions in accordance ensure that owners or operators of each ozone nonattainment areas, subpart 2 with section 173(a)(1)(A) of the CAA to proposed new or modified major includes section 182(f), which states assure that calculations of emissions stationary source demonstrate, as a that requirements for major stationary offsets are based on the same emissions condition of license issuance, that all sources of VOC shall apply to major baseline used in the demonstration of other major stationary sources under the stationary sources of oxides of nitrogen Reasonable Further Progress (RFP). same ownership in the State are in ( NOX) unless the Administrator makes 2. Massachusetts regulation 310 CMR compliance with the CAA. certain determinations related to the 7.00 appendix A, section (6)(b)1 and 2, 9. Massachusetts regulation 310 CMR benefits or contribution of NOX control establishes provisions in accordance 7.00 appendix A, section (8)(b) to air quality, ozone attainment, or with section 173(c)(1) of the CAA to establishes provisions in accordance ozone air quality. States were required allow offsets to be obtained in another with section 173(a)(5) of the CAA that, under section 182(a)(2)(C) to adopt new nonattainment area if: (i) The area has as a prerequisite to issuing any Part D NSR rules for ozone nonattainment an equal or higher nonattainment permit, require an analysis of alternative areas by November 15, 1992. classification and, (ii) emissions from sites, sizes, production processes and the other nonattainment area contribute environmental control techniques for Summary of Massachusetts’ Submittal to an NAAQS violation in the area in proposed sources that demonstrate that Pursuant to section 172(c)(5) of the which the source would construct. the benefits of the proposed source CAA, State implementation plans must 3. Massachusetts regulation 310 CMR significantly outweigh the require permits for the construction and 7.00 appendix A, section (6)(a) and (b), environmental and social costs imposed operation of new or modified major establishes provisions in accordance as a result of its location, construction, stationary sources in nonattainment with sections 173(a) and 173(c)(1) of the and modification. areas. The federal statutory permit CAA that any emissions offsets obtained 10. Massachusetts regulation 310 requirements for ozone nonattainment in conjunction with the issuance of a CMR 7.00 appendix A, section (8)(c) areas are generally contained in revised license to a new or modified source establishes provisions in accordance section 173, and in subpart 2 of shall be federally enforceable before with section 173(a)(4) of the CAA that, subchapter I, part D of the CAA. These permit issuance and must be in effect as a prerequisite to issuing any Part D are the minimum requirements that and enforceable by the time the new or permit, the Administrator has not States must include in an approvable modified source commences operation. determined that the applicable implementation plan. For all 4. Massachusetts regulation 310 CMR implementation plan is not being classifications of ozone nonattainment 7.00 appendix A, section (6)(d), adequately implemented for the areas, States must adopt the appropriate establishes provisions in accordance proposed nonattainment area in which major source thresholds and offset with section 173(c)(1) of the CAA to the proposed source is to construct or be ratios, and must adopt provisions to assure that emission increases from new modified. ensure that any new or modified major or modified sources are offset by real stationary source of NO satisfies the B. General Requirements for Ozone X reductions in actual emissions. requirements applicable to any major Nonattainment NSR 5. Massachusetts regulation 310 CMR source of VOC, unless a special NOX 7.00 appendix A, section (6)(h), EPA is not taking action today on a exemption is granted by the establishes provisions in accordance February 11, 2000 submittal addressing Administrator under the provision of with section 173(c)(2) of the CAA to NSR in attainment areas within the section 182(f). For serious and severe prevent emissions reductions otherwise Ozone Transport Region (OTR). Because ozone nonattainment areas, State plans required by the Act from being credited Western Massachusetts is currently must implement section 182(c)(6) with for purposes of satisfying part D offset designated as a serious nonattainment regard to modifications of major requirements. area, these requirements are not sources. The Commonwealth of 6. The 1990 CAAA modified the Act’s currently relevant there. In addition, as Massachusetts’ attainment status is provisions on growth allowances in of January 16, 2001, EPA’s reinstatement discussed above. nonattainment areas by (1) eliminating of the one-hour ozone NAAQS in The following paragraphs reference existing growth allowances in the Eastern Massachusetts will be effective the serious ozone nonattainment nonattainment area that received a and the area will be nonattainment. requirements that Massachusetts was notice prior or subsequent to the Consequently, Massachusetts’ SIP required to submit to EPA by November Amendments that the SIP was revisions on the OTR will also not be 15, 1992 and how Massachusetts has substantially inadequate, and (2) relevant in the near future in Eastern met those requirements. restricting growth allowances to only Massachusetts. Massachusetts is 1. Massachusetts regulation 310 CMR those portions of nonattainment areas currently applying serious 7.00 appendix A, section (2), definition formally targeted as special zones for nonattainment NSR requirements to all of ‘‘Major Stationary Source,’’ economic growth (Sections 173(b) and subject sources statewide. EPA is establishes provisions in accordance 173(a)(1)(B) of the CAA). Massachusetts’ reviewing the OTR revisions and will with the serious nonattainment area regulations do not contain provisions take action on them in the near future. requirements provided in sections
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182(c) and 182(f) of the CAA, by setting Engineer, to Steven Rapp, Manager, Air by state law, it does not contain any a major source threshold level of 50 TPY Permits Program entitled, ‘‘Technical unfunded mandate or significantly or for VOC and for NOX. Support Document—Massachusetts uniquely affect small governments, as 2. Massachusetts regulation 310 CMR New Source Review Revisions,’’ dated described in the Unfunded Mandates 7.00 Appendix A, Section (6)(e), October 18, 2000. Reform Act of 1995 (Public Law 104–4). establishes provisions in accordance For the same reason, this rule also does Final Action with sections 183(c)(10) and 182(f) of not significantly or uniquely affect the the CAA, by setting an offset ratio of 1.2 EPA is approving the revisions to communities of tribal governments, as to 1 for major sources or major Massachusetts 310 CMR 7.00 Appendix specified by Executive Order 13084 (63 modifications of VOC or NOX. A, ‘‘Emission Offsets and FR 27655, May 10, 1998). This rule will 3. Massachusetts regulation 310 CMR Nonattainment Review.’’ The Agency not have substantial direct effects on the 7.00 Appendix A, Section (2), definition has reviewed this request for revision of States, on the relationship between the of ‘‘Significant,’’ paragraphs (a) and (b), the Federally-approved State national government and the States, or establishes provisions that are implementation plan for conformance on the distribution of power and consistent with the ‘‘De Minimis rule’’ with the provisions of the 1990 responsibilities among the various requirements of section 182(c)(6) of the amendments enacted on November 15, levels of government, as specified in CAA. 1990. These revisions meet the Executive Order 13132 (64 FR 43255, 4. Massachusetts regulation 310 CMR nonattainment area NSR provisions of August 10, 1999), because it merely 7.00 Appendix A, Sections (3)(e), (f) and Part D of the CAA. approves a state rule implementing a (g), establish provisions that are EPA is publishing this rule without Federal standard, and does not alter the consistent with the special rules for prior proposal because the Agency relationship or the distribution of power modifications in sections 182(c)(7) and views this as a noncontroversial and responsibilities established in the (8) of the CAA. amendment and anticipates no adverse Clean Air Act. This rule also is not comments. However, in the proposed subject to Executive Order 13045 (62 FR C. Miscellaneous Permit Requirements rules section of this Federal Register 19885, April 23, 1997), because it is not Background publication, EPA is publishing a economically significant. separate document that will serve as the In reviewing SIP submissions, EPA’s Massachusetts also added or revised proposal to approve the SIP revision role is to approve state choices, definitions and permitting procedures to should relevant adverse comments be provided that they meet the criteria of clarify specific requirements of 310 filed. This action will be effective the Clean Air Act. In this context, in the CMR 7.00 Appendix A and to make the December 26, 2000 without further absence of a prior existing requirement rule consistent with the nonattainment notice unless the Agency receives for the State to use voluntary consensus NSR permit requirements set forth in 40 relevant adverse comments by standards (VCS), EPA has no authority CFR 51.165. The list of the new or November 27, 2000. to disapprove a SIP submission for revised definitions includes: Actual If the EPA receives such comments, failure to use VCS. It would thus be Emissions; Allowable Emissions; Begin then EPA will publish a document inconsistent with applicable law for Actual Construction; Building, withdrawing the final rule and EPA, when it reviews a SIP submission, Structure, Facility or Installation; Clean informing the public that the rule will to use VCS in place of a SIP submission Coal Technology; Clean Coal not take effect. All public comments that otherwise satisfies the provisions of Technology Demonstration Project; received will then be addressed in a the Clean Air Act. Thus, the Coastal Waters; Navigable Rivers and subsequent final rule based on the requirements of section 12(d) of the Lakes; Commence; Construction; proposed rule. The EPA will not National Technology Transfer and Corresponding Onshore Area; Electric institute a second comment period. Advancement Act of 1995 (15 U.S.C. Utility Steam Generating Unit; Parties interested in commenting should 272 note) do not apply. As required by Generating unit; Emissions Unit; Energy do so at this time. If no such comments section 3 of Executive Order 12988 (61 Input; Fossil Fuel Fired Boiler; Fossil are received, the public is advised that FR 4729, February 7, 1996), in issuing Fuel Fired Electric Plant; Fugitive this rule will be effective on December this rule, EPA has taken the necessary Emissions; Indian Governing Body; 26, 2000 and no further action will be steps to eliminate drafting errors and Indian Tribe; Lowest Achievable taken on the proposed rule. ambiguity, minimize potential litigation, Emission Rate (LAER); Major Administrative Requirements and provide a clear legal standard for Modification; Major Stationary Source; affected conduct. EPA has complied Necessary Preconstruction Approvals or Under Executive Order 12866 (58 FR with Executive Order 12630 (53 FR Permits; Net Emissions Increase; Outer 51735, October 4, 1993), this action is 8859, March 15, 1988) by examining the Continental Shelf; Outer Continental not a ‘‘significant regulatory action’’ and takings implications of the rule in Shelf Source; Pollution Control Project; therefore is not subject to review by the accordance with the ‘‘Attorney Reasonable Further Progress; Office of Management and Budget. This General’s Supplemental Guidelines for Repowering; Representative Actual action merely approves state law as the Evaluation of Risk and Avoidance of Annual Emissions; Secondary meeting Federal requirements and Unanticipated Takings’’ issued under Emissions; Significant; Stationary imposes no additional requirements the executive order. This rule does not Source; Temporary Clean Coal beyond those imposed by state law. impose an information collection Technology Demonstration Project; Accordingly, the Administrator certifies burden under the provisions of the Nonroad Engine; Nonroad Vehicle; that this rule will not have a significant Paperwork Reduction Act of 1995 (44 Procedures for Shutdown Credits; economic impact on a substantial U.S.C. 3501 et seq.). Procedures for Source Obligation. For number of small entities under the The Congressional Review Act, 5 further details concerning the revisions Regulatory Flexibility Act (5 U.S.C. 601 U.S.C. section 801 et seq., as added by to Massachusetts’ 310 CMR 7.00 et seq.). Because this rule approves pre- the Small Business Regulatory Appendix A and EPA’s evaluation, existing requirements under state law Enforcement Fairness Act of 1996, please refer to the memorandum from and does not impose any additional generally provides that before a rule Brendan McCahill, Environmental enforceable duty beyond that required may take effect, the agency
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TABLE 52.1167.ÐEPA-APPROVED MASSACHUSETTS REGULATIONS
Date ap- State citation Title/subject Date submitted by proved Federal Register 52.1120(c) Comments/unap- state by EPA citation proved sections
******* 310 CMR 7.00: ...... Emission Offsets 7/15/94 and 4/14/95 10/27/00 [Insert FR citation (c)(127) ...... Approving 1990 Appendix A ...... and Nonattain- from published CAAA revisions ment Review. date]. and general NSR permit require- ments
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[FR Doc. 00–27657 Filed 10–26–00; 8:45 am] ACTION: Final rule. These tolerances will expire and are BILLING CODE 6560±50±U revoked on July 31, 2003. This action is SUMMARY: This regulation extends time– in response to EPA’s granting of an limited tolerances for combined emergency exemption under section 18 ENVIRONMENTAL PROTECTION residues of the herbicide (N-(4- of the Federal Insecticide, Fungicide, AGENCY fluorophenyl)-N-(1-methylethyl)-2-[[- and Rodenticide Act authorizing use of (trifluoromethyl)-1,3,4-thiadiazol-2- 40 CFR Part 180 the pesticide on wheat. Section 408(l)(6) yl]oxy]acetamide and its metabolites of the Federal Food, Drug, and Cosmetic [OPP±301073; FRL±6751±1] containing the 4-fluoro-N-methylethyl Act requires EPA to establish a time– benzenamine moiety in or on wheat limited tolerance or exemption from the RIN 2070±AB78 grain at 1 part per million (ppm), wheat requirement for a tolerance for pesticide forage at 10 ppm, wheat hay at 2 ppm, (N-(4-fluorophenyl)-N-(1-methylethyl)- chemical residues in food that will wheat straw at 0.5 ppm, meat, kidney 2-[[5-(trifluoromethyl)-1,3,4-thiadiazol- result from the use of a pesticide under 2-yl]oxy]acetamide; Extension of and fat of cattle, goats, horses, hogs, and an emergency exemption granted by Tolerance for Emergency Exemptions sheep at 0.05 ppm and meat by– EPA under section 18 of the Federal products (other than kidney) of cattle, Insecticide, Fungicide, and Rodenticide AGENCY: Environmental Protection goats, horses, hogs, and sheep at 0.1 Act. Agency (EPA). ppm for an additional two–year period.
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DATES: This regulation is effective B. How Can I Get Additional cattle, goats, horses, hogs, and sheep at October 27, 2000. Objections and Information, Including Copies of this 0.1 ppm, with an expiration date of July requests for hearings, identified by Document and Other Related 31, 2001. EPA established these docket control number OPP–301073, Documents? tolerances because section 408(l)(6) of must be received by EPA on or before 1. Electronically. You may obtain the FFDCA requires EPA to establish a December 26, 2000. electronic copies of this document, and time–limited tolerance or exemption certain other related documents that from the requirement for a tolerance for ADDRESSES: Written objections and pesticide chemical residues in food that hearing requests may be submitted by might be available electronically, from the EPA Internet Home Page at http:// will result from the use of a pesticide mail, in person, or by courier. Please under an emergency exemption granted www.epa.gov/. To access this follow the detailed instructions for each by EPA under section 18 of the Federal document, on the Home Page select method as provided in Unit III. of the Insecticide, Fungicide, and Rodenticide ‘‘Laws and Regulations,’’ ‘‘Regulations SUPPLEMENTARY INFORMATION Act (FIFRA). Such tolerances can be . To ensure and Proposed Rules,’’ and then look up established without providing notice or proper receipt by EPA, your objections the entry for this document under the period for public comment. and hearing requests must identify ‘‘Federal Register—Environmental docket control number OPP–301073 in EPA received a request to extend the Documents.’’ You can also go directly to use of (N-(4-fluorophenyl)-N-(1- the subject line on the first page of your the Federal Register listings at http:// response. methylethyl)-2-[-(trifluoromethyl)-1,3,4- www.epa.gov/fedrgstr/. thiadiazol-2-yl]oxy]acetamide for this FOR FURTHER INFORMATION CONTACT: By 2. In person. The Agency has year’s growing season due to the lack of mail: Barbara Madden, Registration established an official record for this registered pesticides that provide Division (7505C), Office of Pesticide action under docket control number adequate control of annual ryegrass in Programs, Environmental Protection OPP–301073. The official record wheat. Italian ryegrass or annual consists of the documents specifically Agency, 1200 Pennsylvania Ave., NW., ryegrass is one of the most difficult to referenced in this action, and other Washington, DC 20460; telephone control weeds in wheat. It is extremely information related to this action, competitive with wheat; as few as 20 number:(703) 305–6463; and e-mail including any information claimed as address: [email protected]. plants per square meter can reduce Confidential Business Information (CBI). wheat yield by 30%. Ryegrass is not a SUPPLEMENTARY INFORMATION: This official record includes the new species to the Pacific Northwest. It documents that are physically located in I. General Information has been effectively controlled in past the docket, as well as the documents years by herbicides such as diclofop. A. Does this Action Apply to Me? that are referenced in those documents. However, resistance to diclofop was first The public version of the official record identified in Oregon in the early 1980s. You may be affected by this action if does not include any information Diclofop is now ineffectual against you are an agricultural producer, food claimed as CBI. The public version of controlling annual ryegrass in wheat. manufacturer, or pesticide the official record, which includes After having reviewed the submission, manufacturer. Potentially affected printed, paper versions of any electronic EPA concurs that emergency conditions categories and entities may include, but comments submitted during an exist. EPA has authorized under FIFRA are not limited to: applicable comment period is available section 18 the use of (N-(4- for inspection in the Public Information fluorophenyl)-N- (1-methylethyl)-2-[[- and Records Integrity Branch (PIRIB), (trifluoromethyl)-1,3,4-thiadiazol-2- Rm. 119, Crystal Mall #2, 1921 Jefferson yl]oxy]acetamide on wheat for control of Davis Hwy., Arlington, VA, from 8:30 NAICS Examples of poten- annual ryegrass in Idaho, Oregon, and Categories codes tially affected a.m. to 4 p.m., Monday through Friday, Washington. entities excluding legal holidays. The PIRIB EPA assessed the potential risks telephone number is (703) 305–5805. presented by residues of (N-(4- Industry 111 Crop production II. Background and Statutory Findings fluorophenyl)-N-(1-methylethyl)-2-[- 112 Animal production (trifluoromethyl)-1,3,4-thiadiazol-2- 311 Food manufacturing EPA issued a final rule, published in yl]oxy]acetamide in or on wheat. In 32532 Pesticide manufac- the Federal Register of August 6, 1999 turing doing so, EPA considered the safety (64 FR 42839) (FRL–6091–9), which standard in FFDCA section 408(b)(2), announced that on its own initiative and decided that the necessary tolerance This listing is not intended to be under section 408 of the Federal Food, under FFDCA section 408(l)(6) would be exhaustive, but rather provides a guide Drug, and Cosmetic Act (FFDCA), 21 consistent with the safety standard and for readers regarding entities likely to be U.S.C. 346a, as amended by the Food with FIFRA section 18. The data and affected by this action. Other types of Quality Protection Act of 1996 (FQPA) other relevant material have been entities not listed in the table could also (Public Law 104–170) it established evaluated and discussed in the final rule be affected. The North American time–limited tolerances for the of August 6, 1999 (64 FR 42839) (FRL– Industrial Classification System combined residues of (N-(4- 6091–9). Based on that data and (NAICS) codes have been provided to fluorophenyl)-N-(1- methylethyl)-2-[[- information considered, the Agency assist you and others in determining (trifluoromethyl)-1,3,4-thiadiazol-2- reaffirms that extension of the time– whether or not this action might apply yl]oxy]acetamide and its metabolites limited tolerance will continue to meet to certain entities. If you have questions containing the 4-fluoro-N-methylethyl the requirements of section 408(l)(6). regarding the applicability of this action benzenamine, in or on wheat grain at 1 Therefore, the time–limited tolerances to a particular entity, consult the person ppm, wheat forage at 10 ppm, wheat hay are extended for an additional two–year at 2 ppm, wheat straw at 0.5 ppm, meat, period. EPA will publish a document in listed under FOR FURTHER INFORMATION kidney, and fat of cattle, goats, horses, the Federal Register to remove the CONTACT. hogs, and sheep at 0.05 ppm and meat revoked tolerances from the Code of by–products (other than kidney) of Federal Regulations (CFR). Although
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Agency action under Executive Order States prior to publication of this final authorizing use of the pesticide on 13045, entitled Protection of Children rule in the Federal Register. This final watercress. Section 408(l)(6) of the from Environmental Health Risks and rule is not a ‘‘major rule’’ as defined by Federal Food, Drug, and Cosmetic Act Safety Risks April 23, 1997 (62 FR 5 U.S.C. 804(2). requires EPA to establish a time-limited 19885). This action does not involve any tolerance or exemption from the List of Subjects in 40 CFR Part 180 technical standards that would require requirement for a tolerance for pesticide Agency consideration of voluntary Environmental protection, chemical residues in food that will consensus standards pursuant to section Administrative practice and procedure, result from the use of a pesticide under 12(d) of the National Technology Agricultural commodities, Pesticides an emergency exemption granted by Transfer and Advancement Act of 1995 and pests, Reporting and recordkeeping EPA under section 18 of the Federal (NTTAA), Public Law 104–113, section requirements. Insecticide, Fungicide, and Rodenticide 12(d) (15 U.S.C. 272 note). Since Act. Dated: October 18,2000. tolerances and exemptions that are DATES: This regulation is effective established on the basis of a FIFRA James Jones, October 27, 2000. Objections and section 18 petition under FFDCA requests for hearings, identified by section 408, such as the tolerances in Director, Registration Division, Office of docket control number OPP–301072, this final rule, do not require the Pesticide Programs. must be received by EPA on or before issuance of a proposed rule, the Therefore, 40 CFR chapter I is December 26, 2000. requirements of the Regulatory amended as follows: ADDRESSES: Written objections and Flexibility Act (RFA) (5 U.S.C. 601 et hearing requests may be submitted by seq.) do not apply. In addition, the PART 180Ð[AMENDED] mail, in person, or by courier. Please Agency has determined that this action follow the detailed instructions for each 1. The authority citation for part 180 will not have a substantial direct effect method as provided in Unit III. of the continues to read as follows: on States, on the relationship between SUPPLEMENTARY INFORMATION. To ensure the national government and the States, Authority: 21 U.S.C. 321(q), (346a) and proper receipt by EPA, your objections or on the distribution of power and 371. and hearing requests must identify responsibilities among the various § 180.527 [Amended] docket control number OPP–301072 in levels of government, as specified in the subject line on the first page of your Executive Order 13132, entitled 2. In § 180.527, amend paragraph (b) response. Federalism August 10, 1999 (64 FR by revising the date ‘‘7/31/00, ’’ to read FOR FURTHER INFORMATION CONTACT: By 43255). Executive Order 13132 requires ‘‘7/31/03,’’ for wheat grain, wheat mail: Libby Pemberton, Registration EPA to develop an accountable process forage, wheat hay, wheat straw, and Division (7505C), Office of Pesticide to ensure ‘‘meaningful and timely input meat, fat, meat by–products, and kidney Programs, Environmental Protection by State and local officials in the of cattle, goats, hogs, horses and sheep.’’ Agency, 1200 Pennsylvania Ave., NW., development of regulatory policies that [FR Doc. 00–27662 Filed 10–26–00; 8:45 am] Washington, DC 20460; telephone have federalism implications.’’ ‘‘Policies number: 703–308–9364; and e-mail that have federalism implications’’ is BILLING CODE 6560±50±S address: [email protected]. defined in the Executive Order to include regulations that have SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION ‘‘substantial direct effects on the States, AGENCY I. General Information on the relationship between the national A. Does this Action Apply to Me? government and the States, or on the 40 CFR Part 180 distribution of power and You may be affected by this action if responsibilities among the various [OPP±301072; FRL±6750±5] you are an agricultural producer, food levels of government.’’ This final rule RIN 2070±AB78 manufacturer, or pesticide directly regulates growers, food manufacturer. Potentially affected processors, food handlers and food Azoxystrobin; Extension of Tolerance categories and entities may include, but retailers, not States. This action does not for Emergency Exemptions are not limited to: alter the relationships or distribution of power and responsibilities established AGENCY: Environmental Protection by Congress in the preemption Agency (EPA). provisions of FFDCA section 408(n)(4). ACTION: Final rule. NAICS Examples of poten- Categories codes tially affected V. Submission to Congress and the SUMMARY: This regulation extends a entities Comptroller General time-limited tolerance for residues of Industry 111 Crop production The Congressional Review Act, 5 the fungicide azoxystrobin methyl (E)-2- 112 Animal production U.S.C. 801 et seq., as added by the Small (2-(6-(2-cyanophenoxy) pyrimidin-4- 311 Food manufacturing Business Regulatory Enforcement yloxy)phenyl)-3-methoxyacrylate and Z- 32532 Pesticide manufac- Fairness Act of 1996, generally provides isomer of azoxystrobin, methyl(Z)-2-(2- turing that before a rule may take effect, the (6-(2-cyanophenoxy)pyrimidin-4- agency promulgating the rule must yloxy)phenyl)-3 methoxyacrylate in or This listing is not intended to be submit a rule report, which includes a on watercress at 1.0 part per million exhaustive, but rather provides a guide copy of the rule, to each House of the (ppm) for an additional 2–year period. for readers regarding entities likely to be Congress and to the Comptroller General This tolerance will expire and is affected by this action. Other types of of the United States. EPA will submit a revoked on October 30, 2002. This entities not listed in the table could also report containing this rule and other action is in response to EPA’s granting be affected. The North American required information to the U.S. Senate, of an emergency exemption under Industrial Classification System the U.S. House of Representatives, and section 18 of the Federal Insecticide, (NAICS) codes have been provided to the Comptroller General of the United Fungicide, and Rodenticide Act assist you and others in determining
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PART 180Ð [AMENDED] ADDRESSES: Send written comments to prohibitions. Thus, EPA will implement Lisa McClain-Vanderpool, U.S. EPA, those requirements and prohibitions in 1. The authority citation for part 180 Waste Management Division, 75 Arizona, including issuing permits, continues to read as follows: Hawthorne Street, (mailcode WST–3), until the State is granted authorization Authority: 21 U.S.C. 321(q), (346a) and San Francisco, CA 94105. Copies of the to do so. 371. Arizona program revision application C. What Is the Effect of Today’s and the materials which EPA used in § 180.507 [Amended] Authorization Decision? evaluating the revisions are available for 2. In § 180.507, by amending the table inspection and copying from 9:00–4:00 The effect of this decision is that a in paragraph (b), by revising the at the following addresses: Arizona facility in Arizona subject to RCRA will expiration/revocation date for Department of Environmental Quality, now have to comply with the authorized Watercress from ‘‘10/30/00’’ to read 3033 North Central Avenue, Phoenix, State requirements instead of the ‘‘10/30/02’’. AZ 85012 and U.S. EPA Region 9, equivalent federal requirements in order to comply with RCRA. Arizona [FR Doc. 00–27661 Filed 10–26–00; 8:45 am] Library, 75 Hawthorne Street, 13th continues to have enforcement BILLING CODE 6560±50±S Floor, San Francisco, CA 94105; phone (415) 744–1510. responsibilities under its state law to FOR FURTHER INFORMATION CONTACT: Lisa pursue violations of its hazardous waste ENVIRONMENTAL PROTECTION McClain-Vanderpool at (415) 744–2086. program. EPA continues to have independent authority under RCRA AGENCY SUPPLEMENTARY INFORMATION: sections 3007, 3008, 3013, and 7003, 40 CFR Part 271 A. Why Are Revisions to State which include, among others, the Programs Necessary? authority to: [FRL±6888±7] • Do inspections, and require States which have received final monitoring, tests, analyses or reports; Arizona: Final Authorization of State authorization from EPA under RCRA • Enforce RCRA requirements Hazardous Waste Management section 3006(b), 42 U.S.C. 6926(b), must (including state-issued statutes and Program Revisions maintain a hazardous waste program regulations that are authorized by EPA that is equivalent to, consistent with, and any applicable federally-issued AGENCY: Environmental Protection and no less stringent than the Federal Agency (EPA). statutes and regulations) and suspend or program. As the Federal program revoke permits; and ACTION: Immediate final rule. changes, States must change their • Take enforcement actions regardless programs and ask EPA to authorize the of whether the State has taken its own SUMMARY: Arizona has applied to EPA changes. Changes to State programs may for final authorization of the changes to actions. be necessary when Federal or State This action does not impose its hazardous waste program under the statutory or regulatory authority is additional requirements on the Resource Conservation and Recovery modified or when certain other changes regulated community because the Act (RCRA). EPA has determined that occur. Most commonly, States must regulations for which Arizona is being these changes satisfy all requirements change their programs because of authorized by today’s action are already needed for final authorization, and is changes to EPA’s regulations in 40 Code effective, and are not changed by today’s authorizing the State’s changes through of Federal Regulations (CFR) parts 124, action. this immediate final action. EPA is 260 through 266, 268, 270, 273 and 279. publishing this rule to authorize the D. Why Wasn’t There a Proposed Rule changes without a prior proposal B. What Decisions Have We Made in Before Today’s Rule? this Rule? because we believe this action is not EPA did not publish a proposal before controversial and do not expect We conclude that Arizona’s today’s rule because we view this as a comments that oppose it. Unless we get application to revise its authorized routine program change and do not written comments which oppose this program meets all of the statutory and expect comments that oppose this authorization during the comment regulatory requirements established by approval. We are providing an period, the decision to authorize RCRA. Therefore, we grant Arizona final opportunity for public comment now. In Arizona’s changes to their hazardous authorization to operate its hazardous addition to this rule, in the proposed waste program will take effect as waste program with the changes rules section of today’s Federal Register provided below. If we get comments described in the authorization we are publishing a separate document that oppose this action, we will publish application. Arizona has responsibility that proposes to authorize the state a document in the Federal Register for permitting Treatment, Storage, and program changes. withdrawing this rule before it takes Disposal Facilities (TSDFs) within its effect. A Notice of Proposed Rulemaking borders (except in Indian Country) and E. What Happens If EPA Receives is published in this Federal Register for carrying out the aspects of the RCRA Comments That Oppose This Action? which authorizes the incorporation of program described in its revised If EPA receives comments that oppose responses to comments or changes to program application, subject to the this authorization, we will withdraw the Final Rule. limitations on its authority retained by this rule by publishing a document in DATES: This final authorization will EPA in accordance with RCRA, the Federal Register before the rule become effective on December 26, 2000 including the Hazardous and Solid becomes effective. EPA will base any unless EPA receives adverse written Waste Amendments of 1984 (HSWA). further decision on the authorization of comment by November 27, 2000. If EPA New federal requirements and the state program changes on the receives such comment, it will publish prohibitions imposed by Federal proposal mentioned in the previous a timely withdrawal of this immediate regulations that EPA promulgates under paragraph. We will then address all final rule in the Federal Register and the authority of HSWA take effect in public comments in a later final rule. inform the public that this authorization authorized States before they are You may not have another opportunity will not take effect. authorized for such requirements and to comment. If you want to comment on
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State requirement Federal requirement
A.A.C. R18±8±268 amended June 4, 1998 ...... Land Disposal Restrictions Phase IIIÐEmergency Extension of the K066 Capacity Variance; 62 FR 1992, January 14, 1997. (HSWA) (Checklist 155). A.A.C. R±18-8±8±260.A, B, C, E & F; R±18±8±261.A & B; R±18±8± Military Munitions Rule 62 FR 6622, February 12, 1997. (HSWA) 262.A & B; R±18±8±263.A; R±18±8±264.A & C; R±18±8±265.A & C; (Checklist 156). R±18±8±266.A; R±18±8±270.A & C; all amended June 4, 1998. A.A.C. R18±8±261.A & B and A.A.C. R18±8±268, amended June 4, Land Disposal RestrictionsÐPhase IV 62 FR 25988, May 12, 1997. 1998. (HSWA) (Checklist 157). A.A.C. R18±8±260.A, B& C; R±18±8±264.A; R±18±8±266.A, amended Testing and Monitoring Activities Amendment III 62 FR 32452, June June 4, 1998. 13, 1997. (Non-HSWA) (Checklist 158) A.A.C. R18±8±261.A & B; A.A.C. R18±8±268, amended June 4, 1998 Conformance with Carbamate Vacatur 62 FR 32974, June 17, 1997. (HSWA) (Checklist 159) A.A.C. R18±8-268, amended November 15, 1999 ...... Land Disposal RestrictionsÐPhase IIIÐEmergency Extension of the K088 Capacity Variance, Amendment (HSWA) 62 FR 37694, July 14, 1997. (Checklist 160) Emergency Revision of the Carbamate Land Disposal Restrictions, 62 FR 45568, August 28, 1997. (HSWA) (Checklist 161) Clarification of Standards for Hazardous Waste LDR Treatment Variances, 62 FR 64504, December 5, 1997 (HSWA) (Checklist 162). A.A.C. R18±8±264.A, R18±8±265.A and R18±8±270.A, amended No- Organic Air Emission Standards for Tanks, Surface Impoundments, vember 15, 1999. and Containers; Classification and Technical Amendment, 62 FR 64636, December 8, 1997 (HSWA) (Checklist 163). A.A.C. R18±8±261.A & B, amended November 15, 1999 ...... Kraft Mill Steam Stripper Condensate Exclusion, 63 FR 18504, April 15, 1998 (Non-HSWA) (Checklist 164). A.A.C. R18±8±261 A&b, R18±8±268, amended November 15, 1999 .... Land Disposal Restrictions Phase IVÐTreatment Standards Metal However, Arizona is not currently incorporating the mineral processing Wastes and Mineral Processing Wastes; Hazardous Soils Treatment secondary materials exclusion portion of this rule (Checklist 167 D). Standards and Exclusions; Corrections; Bevill Exclusion Revisions and Clarifications; Exclusion of Recycled Wood Preserving Waste Waters, 63 FR 28556, May 26, 1998 (HSWA/Non-HSWA) (Check- lists 167 A, B, C, E and F). A.A.C. R18±8±261 A&B, R18±8±270.A, amended November 15, 1999 Hazardous Waste Combustors; Revised Standards, 63 FR 33782, June 19, 1998 (Non-HSWA) (Checklist 168). A.A.C. R18±8±268, amended November 15, 1999 ...... Land Disposal Restrictions Phase IVÐZinc Micronutrient Fertilizer, Ad- ministrative Stay, 63 FR 46332, August 31, 1998 (HSWA) (Checklist 170). Emergency Revision of the Land Disposal Restrictions Treatment Standards for Listed hazardous Waste from Carbamate Production, 63 FR 47410, September 4, 1998 (HSWA) (Checklist 171). Land Disposal Restrictions Phase IVÐExtension of Compliance Date for Characteristics Slags, September 9, 1998 (HSWA) (Checklist 172).
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H. Where Are the Revised State Rules continue to implement and administer the criteria required by RCRA. It would Different From the Federal Rules? the RCRA program in these lands. thus be inconsistent with applicable law for EPA, when it reviews a State K. What Is Codification and Is EPA Arizona has adopted in whole the authorization application, to require the Federal revisions cited above. There are Codifying Arizona’s Hazardous Waste Program As Authorized in This Rule? use of any particular voluntary no significant differences between the consensus standard in place of another Federal rules and the revised State rules Codification is the process of placing standard that otherwise satisfies the being authorized today. the State’s statutes and regulations that requirements of RCRA. Thus, the I. Who Handles Permits After the comprise the State’s authorized requirements of section 12(d) of the Authorization Takes Effect? hazardous waste program into the Code National Technology Transfer and of Federal Regulations. We do this by Advancement Act of 1995 (15 U.S.C. Arizona will issue permits for all the referencing the authorized State rules in 272 note) do not apply. As required by provisions for which it is authorized 40 CFR part 272. We reserve the section 3 of Executive Order 12988 (61 and will administer the permits it amendment of 40 CFR part 272, subpart FR 4729, February 7, 1996), in issuing issues. ADEQ and EPA have agreed to D for authorization of Arizona’s program this rule, EPA has taken the necessary changes until a later date. a joint permitting process for RCRA steps to eliminate drafting errors and permits for those provisions of HSWA L. Administrative Requirements ambiguity, minimize potential litigation, for which ADEQ does not have and provide a clear legal standard for authorization. As ADEQ receives The Office of Management and Budget has exempted this action from the affected conduct. EPA has complied authorization for additional provision of with Executive Order 12630 (53 FR HSWA, EPA will suspend issuance of requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and 8859, March 15, 1988) by examining the Federal permits in the state related to takings implications of the rule in those provisions. therefore this action is not subject to review by OMB. This action authorizes accordance with the Attorney General’s Whenever EPA adopts standards state requirements for the purpose of Supplemental Guidelines for the under HSWA for activities or wastes not RCRA section 3006 and imposes no Evaluation of Risk and Avoidance of currently covered by the authorized additional requirements beyond those Unanticipated Takings issued under the program, EPA may process RCRA imposed by state law. Accordingly, I executive order. This rule does not permits in the State for the new or certify that this action will not have a impose an information collection revised HSWA processes until ADEQ significant economic impact on a burden under the provisions of the has received final authorization for the substantial number of small entities Paperwork Reduction Act of 1995 (44 new or revised HSWA standards. At the under the Regulatory Flexibility Act (5 U.S.C. 3501 et seq.). time the ADEQ program is authorized U.S.C. 601 et seq.). Because this action The Congressional Review Act, 5 for the new or revised HSWA standards, authorizes pre-existing requirements U.S.C. 801 et seq., as added by the Small EPA will suspend any permitting under state law and does not impose Business Regulatory Enforcement activities in those areas. EPA will also any additional enforceable duty beyond Fairness Act of 1996, generally provides transfer any pending permit that required by state law, it does not that before a rule may take effect, the applications, completed permits or contain any unfunded mandate or agency promulgating the rule must pertinent file information to ADEQ significantly or uniquely affect small submit a rule report, which includes a within thirty days of the authorization governments, as described in the copy of the rule, to each House of the of new or revised elements of the ADEQ Unfunded Mandates Reform Act of 1995 Congress and to the Comptroller General program. (Pub. L. 104–4). For the same reason, of the United States. EPA will submit a J. How Does Today’s Action Affect this action also does not significantly or report containing this document and Indian Country (18 U.S.C. 115) in uniquely affect the communities of other required information to the U.S. Arizona? tribal governments, as specified by Senate, the U.S. House of Executive Order 13084 (63 FR 27655, Representatives, and the Comptroller Arizona is not authorized to carry out May 10, 1998). This action will not have General of the United States prior to its hazardous waste program in Indian substantial direct effects on the States, publication in the Federal Register. A Country within the State, which on the relationship between the national major rule cannot take effect until 60 includes the Ak Chin Indian government and the States, or on the days after it is published in the Federal Community of Papago Indians, Cocopah distribution of power and Register. This action is not a ‘‘major Tribe of Arizona, Fort McDowell responsibilities among the various rule’’ as defined by 5 U.S.C. 804(2). This Mohave-Apache Indian Community, levels of government, as specified in action will be effective December 26, Gila River Pima-Maricopa Indian Executive Order 13132 (64 FR 43255, 2000. Community, Havasupai Tribe, Hopi August 10, 1999), because it merely Tribe of Arizona, Hualapai Indian Tribe, authorizes state requirements as part of List of Subjects in 40 CFR Part 271 Kaibab Band of Paiute Indians, Pascua the State RCRA hazardous waste Yaqui Tribe of Arizona, Salt River Pima- program without altering the Environmental protection, Maricopa Indian Community, San relationship or the distribution of power Administrative practice and procedure, Carlos Apache Tribe, San Juan Southern and responsibilities established by Confidential business information, Paiute Tribe, Tohono O’odham Nation, RCRA. This action also is not subject to Hazardous waste, Hazardous waste Tonto Apache Tribe, White Mountain Executive Order 13045 (62 FR 19885, transportation, Indian lands, Apache Tribe of Fort Apache April 23, 1997), because it is not Intergovernmental relations, Penalties, Reservation, Yavapai-Apache Nation of economically significant and it does not Reporting and recordkeeping Camp Verde Reservation, Yavapai- make decisions based on environmental requirements. Prescott Tribe, Colorado River Indian health or safety risks. Authority: This action is issued under the Tribes, Navajo Nation and Fort Mojave Under RCRA section 3006(b), EPA authority of sections 2002(a), 3006 and Indian Tribe. Therefore, this action has grants a State’s application for 7004(b) of the Solid Waste Disposal Act as no effect on Indian Country. EPA will authorization as long as the State meets amended 42 U.S.C. 6912(a), 6926, 6974(b).
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Dated: September 27, 2000. rule be published in the Federal request through the community that the Felicia Marcus, Register for notice and comment. Associate Director for Mitigation reconsider the changes. The modified Regional Administrator, Region 9. D. Paperwork Reduction Act [FR Doc. 00–27142 Filed 10–26–00; 8:45 am] elevations may be changed during the The Paperwork Reduction Act does BILLING CODE 6560±50±P 90-day period. not apply because this final rule does ADDRESSES: The modified Base Flood not impose recordkeeping or Elevations for each community are information collection requirements, or available for inspection at the office of GENERAL SERVICES the collection of information from ADMINISTRATION the Chief Executive Officer of each offerors, contractors, or members of the community. The respective addresses 41 CFR Part 101±2 public which require the approval of the are listed in the table below. Office of Management and Budget under FOR FURTHER INFORMATION CONTACT: [FPMR Amendment A±56] 44 U.S.C. 501 et seq. Matthew B. Miller, P.E., Chief, Hazards RIN 3090±AH32 E. Small Business Regulatory Study Branch, Mitigation Directorate, Enforcement Fairness Act 500 C Street SW., Washington, DC Payments to GSA for Supplies and This final rule is also exempt from 20472, (202) 646–3461, or (e-mail) Services Furnished Government congressional review prescribed under 5 [email protected]. Agencies U.S.C. 801 since it relates solely to SUPPLEMENTARY INFORMATION: The AGENCY: Office of Governmentwide agency management and personnel. modified Base Flood Elevations are not listed for each community in this Policy. List of Subjects in 41 CFR Part 101–2 ACTION: Final rule. interim rule. However, the address of Government property management. the Chief Executive Officer of the SUMMARY: The General Services community where the modified Base PART 101±2Ð[REMOVED] Administration (GSA) is removing Flood Elevation determinations are Federal Property Management Accordingly, under the authority of available for inspection is provided. Regulations (FPMR) coverage on Sec. 205(c), 63 Stat. 390 (40 U.S.C. Any request for reconsideration must Payments to GSA for Supplies and 496(c)), amend 41 CFR Chapter 101 by be based on knowledge of changed Services Furnished Government removing part 101–2. conditions or new scientific or technical Agencies. Adequate coverage exists in data. the Department of Treasury’s Dated: October 23, 2000. The modifications are made pursuant regulations. This action eliminates David J. Barram, to Section 201 of the Flood Disaster unnecessary coverage in the FPMR. Administrator of General Services. Protection Act of 1973, 42 U.S.C. 4105, EFFECTIVE DATE: This final rule is [FR Doc. 00–27653 Filed 10–26–00; 8:45 am] and are in accordance with the National effective October 27, 2000. BILLING CODE 6820±34±U Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR Part 65. FOR FURTHER INFORMATION CONTACT: For rating purposes, the currently Michael Kosar, 202–501–2029. E-mail: effective community number is shown [email protected]. FEDERAL EMERGENCY MANAGEMENT AGENCY and must be used for all new policies SUPPLEMENTARY INFORMATION: and renewals. 44 CFR Part 65 The modified Base Flood Elevations A. Background are the basis for the floodplain In an effort to improve GSA’s external [Docket No. FEMA±B±7400] management measures that the directives system, GSA has undertaken Changes in Flood Elevation community is required to either adopt a review of the Federal Property Determinations or to show evidence of being already in Management Regulations (FPMR). The effect in order to qualify or to remain FPMR prescribes Governmentwide AGENCY: Federal Emergency qualified for participation in the regulations for real property, personal Management Agency (FEMA). National Flood Insurance Program property, and other programs and ACTION: Interim rule. (NFIP). activities within GSA’s regulatory These modified elevations, together authority. As part of this review, GSA is SUMMARY: This interim rule lists with the floodplain management criteria removing FPMR 101–2 because it is communities where modification of the required by 44 CFR 60.3, are the procedural rather than regulatory. Base (1-percent-annual-chance) Flood minimum that are required. They Current guidance issued by the Elevations is appropriate because of should not be construed to mean that Department of Treasury may be found in new scientific or technical data. New the community must change any the Treasury Financial Manual (TFM) flood insurance premium rates will be existing ordinances that are more Vol. 1, Part 6, Chapter 4000. calculated from the modified Base Flood stringent in their floodplain Elevations for new buildings and their management requirements. The B. Executive Order 12866 contents. community may at any time enact The General Services Administration DATES: These modified Base Flood stricter requirements of its own, or has determined that this final rule is not Elevations are currently in effect on the pursuant to policies established by other a significant regulatory action for the dates listed in the table below and Federal, State, or regional entities. purposes of Executive Order 12866. revise the Flood Insurance Rate Maps in The changes in Base Flood Elevations effect prior to this determination for are in accordance with 44 CFR 65.4. C. Regulatory Flexibility Act each listed community. A regulatory flexibility analysis is not From the date of the second National Environmental Policy Act required under the Regulatory publication of these changes in a This rule is categorically excluded Flexibility Act, 4 U.S.C. 601, et seq., newspaper of local circulation, any from the requirements of 44 CFR Part because there is no requirement that the person has ninety (90) days in which to 10, Environmental Consideration. No
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Regulatory Flexibility Act Executive Order 12612, Federalism PART 65Ð[AMENDED] The Associate Director for Mitigation This rule involves no policies that certifies that this rule is exempt from have federalism implications under 1. The authority citation for Part 65 the requirements of the Regulatory Executive Order 12612, Federalism, continues to read as follows: Flexibility Act because modified Base dated October 26, 1987. Authority: 42 U.S.C. 4001 et seq.; Flood Elevations are required by the Reorganization Plan No. 3 of 1978, 3 CFR, Flood Disaster Protection Act of 1973, Executive Order 12778, Civil Justice 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 42 U.S.C. 4105, and are required to Reform 3 CFR, 1979 Comp., p. 376. maintain community eligibility in the This rule meets the applicable NFIP. No regulatory flexibility analysis standards of Section 2(b)(2) of Executive § 65.4 [Amended] has been prepared. Order 12778. 2. The tables published under the Regulatory Classification List of Subjects in 44 CFR Part 65 authority of § 65.4 are amended as This interim rule is not a significant Flood insurance, Floodplains, follows: regulatory action under the criteria of Reporting and recordkeeping Section 3(f) of Executive Order 12866 of requirements.
Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date of Community was published modification No.
Arizona: Maricopa ...... Unincorporated April 7, 2000, April 14, The Honorable Andrew Kunasek, Feb. 29, 2000 ...... 040037 Areas. 2000, Arizona Repub- Chairperson, Maricopa County lic. Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, Arizona 85003. Pima ...... City of Tucson .... April 18, 2000, April 25, The Honorable Robert E. Walkup, July 24, 2000 ...... 040076 2000, Tucson Citizen. Mayor, City of Tucson, P.O. Box 27210, Tucson, Arizona 85726. Pima ...... Unincoporated April 18, 2000, April 25, The Honorable Sharon Bronson, July 24, 2000 ...... 040073 Areas. 2000, Arizona Daily Chairperson, Pima County Board Star. of Supervisors, 130 West Con- gress, 11th Floor, Tucson, Ari- zona 85701. Arkansas: Sebas- City of Fort Smith April 21, 2000, April 28, The Honorable Ray Baker, Mayor, Mar. 21, 2000 ...... 055013 tian. 2000, Southwest City of Fort Smith, P.O. Box Times Record. 1908, Fort Smith, Arkansas 72902. California: Contra Costa City of Walnut April 5, 2000, April 12, The Honorable Charlie Abrams, Mar. 8, 2000 ...... 065070 Creek. 2000, Contra Costa Mayor, City of Walnut Creek, Times. 1666 North Main Street, Walnut Creek, California 94596±8039. Riverside ...... City of Corona .... April 19, 2000, April 26, The Honorable Jeffrey P. Bennett, Mar. 13, 2000 ...... 060250 2000, The Press En- Mayor, City of Corona, P.O. Box terprise. 940, Corona, California 92882- 0940. Riverside ...... City of Norco ...... April 19, 2000, April 26, The Honorable Frank Hall, Mayor, Mar. 13, 2000 ...... 060256 2000, The Press En- City of Norco, P.O. Box 428, terprise. Norco, California 92860±0428. Colorado: Unincorporated April 20, 2000, April 27, The Honorable Steve Ward, Chair- Mar. 13, 2000 ...... 080011 Arapahoe. Areas. 2000, The Villager. person, Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, Colorado 80166. Nebraska: Thur- Village of Pender April 20, 2000, April 27, The Honorable Frank Appleton, July 26, 2000 ...... 310221 ston. 2000, Pender Times. Chairperson, Village of Pender Board of Trustees, P.O. Box S, Pender, Nebraska 68047. New Mexico: City of Albu- April 6, 2000, April 13, The Honorable Jim Baca, Mayor, Feb. 29, 2000 ...... 350002 Bernalillo. querque. 200, Albuquerque City of Albuquerque, P.O. Box Journal. 1293, Albuquerque, New Mexico 87103. Okalahoma: Wag- City of Coweta .... April 19, 2000, April 26, The Honorable Mike Dill, Mayor, Mar. 10, 2000 ...... 400216 oner. 2000, Coweta Amer- City of Coweta, City Hall, P.O. ican. Box 850, Coweta, Oklahoma 74429. Texas:
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Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date of Community was published modification No.
Tarrant ...... City of Fort Worth April 20, 2000, April 27, The Honorable Kenneth Barr, Mar. 24, 2000 ...... 480596 2000, The Star-Tele- Mayor, City of Fort Worth, 1000 gram. Throckmorton Street, Fort Worth, Texas 76102±6311. Tarrant ...... City of Keller ...... March 28, 2000, April 4, The Honorable Dave Phillips, July 3, 2000 ...... 48602 2000, The Keller Cit- Mayor, City of Keller, P.O. Box izen. 770, Keller, Texas 76244. Williamson .... City of Austin ...... April 7, 2000, April 14, The Honorable Kirk Watson, Mayor, Mar. 1, 2000 ...... 480624 2000, Austin Amer- City of Austin, 124 West Eighth ican-Statement. Street, Suite 103, Austin 78701. Williamson .... Unincorporated April 7, 2000, April 14, The Honorable John Doerffler, Mar. 1, 2000 ...... 481079 Areas. 2000, Austin Amer- County Judge, Williamson Coun- ican-Stateman. ty, 710 Main Street, Suite 201, Georgetown, Texas 78626.
(Catalog of Federal Domestic Assistance No. community. The respective addresses pursuant to policies established by other 83.100, ‘‘Flood Insurance’’) are listed in the following table. Federal, State, or regional entities. Dated: October 16, 2000. FOR FURTHER INFORMATION CONTACT: The changes in base flood elevations Michael J. Armstrong, Matthew B. Miller, P.E., Chief, Hazards are in accordance with 44 CFR 65.4. Study Branch, Mitigation Directorate, Associate Director for Mitigation. National Environmental Policy Act [FR Doc. 00–27639 Filed 10–26–00; 8:45 am] 500 C Street SW., Washington, DC BILLING CODE 6718±04±P 20472, (202) 646–3461, or (e-mail) This rule is categorically excluded [email protected]. from the requirements of 44 CFR part SUPPLEMENTARY INFORMATION: The 10, Environmental Consideration. No FEDERAL EMERGENCY modified base flood elevations are not environmental impact assessment has MANAGEMENT AGENCY listed for each community in this been prepared. interim rule. However, the address of Regulatory Flexibility Act 44 CFR Part 65 the Chief Executive Officer of the [Docket No. FEMA±B±7403] community where the modified base The Associate Director for Mitigation flood elevation determinations are certifies that this rule is exempt from Changes in Flood Elevation available for inspection is provided. the requirements of the Regulatory Determinations Any request for reconsideration must Flexibility Act because modified base be based on knowledge of changed flood elevations are required by the AGENCY: Federal Emergency conditions, or upon new scientific or Management Agency (FEMA). Flood Disaster Protection Act of 1973, technical data. 42 U.S.C. 4105, and are required to ACTION: Interim rule. The modifications are made pursuant maintain community eligibility in the SUMMARY: This interim rule lists to section 201 of the Flood Disaster NFIP. No regulatory flexibility analysis communities where modification of the Protection Act of 1973, 42 U.S.C. 4105, has been prepared. and are in accordance with the National base (1% annual chance) flood Regulatory Classification elevations is appropriate because of new Flood Insurance Act of 1968, 42 U.S.C. scientific or technical data. New flood 4001 et seq., and with 44 CFR part 65. This interim rule is not a significant insurance premium rates will be For rating purposes, the currently regulatory action under the criteria of calculated from the modified base flood effective community number is shown Section 3(f) of Executive Order 12866 of elevations for new buildings and their and must be used for all new policies September 30, 1993, Regulatory contents. and renewals. Planning and Review, 58 FR 51735. The modified base flood elevations DATES: These modified base flood are the basis for the floodplain Executive Order 12612, Federalism elevations are currently in effect on the management measures that the This rule involves no policies that dates listed in the table below and community is required to either adopt revise the Flood Insurance Rate Map(s) or to show evidence of being already in have federalism implications under in effect prior to this determination for effect in order to qualify or to remain Executive Order 12612, Federalism, each listed community. qualified for participation in the dated October 26, 1987. From the date of the second National Flood Insurance Program Executive Order 12778, Civil Justice publication of these changes in a (NFIP). Reform newspaper of local circulation, any These modified elevations, together person has ninety (90) days in which to with the floodplain management criteria This rule meets the applicable request through the community that the required by 44 CFR 60.3, are the standards of Section 2(b)(2) of Executive Associate Director for Mitigation minimum that are required. They Order 12778. reconsider the changes. The modified should not be construed to mean that List of Subjects in 44 CFR Part 65 elevations may be changed during the the community must change any 90-day period. existing ordinances that are more Flood insurance, Floodplains, ADDRESSES: The modified base flood stringent in their floodplain Reporting and recordkeeping elevations for each community are management requirements. The requirements. available for inspection at the office of community may at any time enact Accordingly, 44 CFR Part 65 is the Chief Executive Officer of each stricter requirements of its own, or amended to read as follows:
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PART 65Ð[AMENDED] Authority: 42 U.S.C. 4001 et seq.; § 65.4 [Amended] Reorganization Plan No. 3 of 1978, 3 CFR, 2. The tables published under the 1. The authority citation for part 65 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, authority of § 65.4 are amended as continues to read as follows: 3 CFR, 1979 Comp., p. 376. follows:
Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date of Community was published modification No.
Arizona: Maricopa ...... City of Glendale .. July 27, 2000, August 3, The Honorable Elaine Scruggs, July 5, 2000 ...... 040045 2000, Arizona Repub- mayor, City of Glendale, 5850 lic. West Glendale Avenue, Glendale, Arizona 85301. Maricopa ...... City of Glendale .. August 31, 2000, Sep- The Honorable Elaine Scruggs, August 10, 2000 ...... 040045 tember 7, 2000, Ari- mayor, City of Glendale, 5850 zona Republic. West Glendale, Glendale, Arizona 85301. Maricopa ...... City of Peoria ...... July 27, 2000, August 3, The Honorable John Keegan, July 5, 2000 ...... 040050 2000, Arizona Repub- mayor, City of Peoria, 8401 West lic. Monroe Street, Peoria, Arizona 85345. Maricopa ...... City of Phoenix ... July 27, 2000, August 3, The Honorable Skip Rimsza, mayor, July 5, 2000 ...... 040051 2000, Arizona Repub- City of Phoenix, 200 West Wash- lic. ington Street, 11th Floor, Phoe- nix, Arizona 85003. Maricopa ...... City of Phoenix ... August 31, 2000, Sep- The Honorable Skip Rimsza, mayor, August 10, 2000 ...... 040051 tember 7, 2000, Ari- City of Phoenix, 200 West Wash- zona Republic. ington Street, 11th Floor, Phoe- nix, Arizona 85003. Maricopa ...... City of Phoenix ... September 14, 2000, The Honorable Skip Rimsza, mayor, August 22, 2000 ...... 040051 September 21, 2000, City of Phoenix, 200 West Wash- Arizona Republic. ington Street, 11th Floor, Phoe- nix, Arizona 85003. Maricopa ...... Unincorporated August 31, 2000, Sep- The Honorable Andrew Kunasek, August 10, 2000 ...... 040037 Areas. tember 7, 2000, Ari- chairperson, Maricopa County zona Republic. Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, Arizona 85003. Mohave ...... Unincorporated July 6, 2000, July 13, The Honorable Buster Johnson, October 20, 2000 ...... 040058 Areas. 2000, Kingman Daily chairperson, Mohave County Miner. Board of Supervisors, 809 East Beale Street, Kingman, Arizona 86401±5924. Pima ...... City of Tucson .... July 6, 2000, July 13, The Honorable Robert E. Walkup, June 16, 2000 ...... 040076 2000, Arizona Daily mayor, City of Tucson, P.O. Box Star. 27210, Tucson, Arizona 85726. Pima ...... City of Tucson .... July 27, 2000, August 3, The Honorable Robert E. Walkup, July 10, 2000 ...... 040076 2000, Tucson Citizen. mayor, City of Tucson, P.O. Box 27210, Tucson, Arizona 85726. Pima ...... City of Tucson .... August 29, 2000, Sep- The Honorable Robert E. Walkup, August 8, 2000 ...... 040078 tember 5, 2000, Tuc- mayor, City of Tucson, P.O. Box son Citizen. 27210, Tucson, Arizona 85726. Pima ...... City of Tucson .... August 30, 2000, Sep- The Honorable Robert E. Walkup, July 26, 2000 ...... 040076 tember 6, 2000, Tuc- mayor, City of Tucson, P.O. Box son Citizen. 27210, Tucson, Arizona 85726. Pima ...... Unincorporated July 6, 2000, July 13, The Honorable Sharon Bronson, June 16, 2000 ...... 040073 Areas. 2000, Arizona Daily chairperson, Pima County, Board Star. of Supervisors, 130 West Con- gress, 11th Floor Tucson, Arizona 85701. California: Mendocino .... Unincorporated September 22, 2000, The Honorable Michael Delbar, August 21, 2000 ...... 060183 Areas. September 29, 2000, chairperson, Mendocino County, Ukia Daily Journal. Board of Supervisors, 501 Low Gap Road, Room 1090, Ukiah, California 95482. Napa ...... Unincorporated June 29, 2000, July 6, The Honorable Jay Hull, Adminis- June 14, 2000 ...... 060205 Areas. 2000, Napa Valley trator, Napa County, 1195 Third Register. Street, Third Floor, Room 310, Napa, California 94559. Orange ...... City of Irvine ...... June 9, 2000, June 16, The Honorable Christina Shea, May 26, 2000 ...... 060222 2000, Orange County mayor, City of Irvine, P.O. Box Register. 19575, Irvine, California 92623± 9575.
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Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date of Community was published modification No.
Orange ...... City of Laguna June 9, 2000, June 16, The Honorable Joel Lautenschleger, May 26, 2000 ...... 060760 Hills. 2000, Orange County mayor, City of Laguna Hills, Register. 25201 Paseo de Alicia, Suite 150, Laguna Hills, California 92653. Riverside ...... City of Moreno September 22, 2000, The Honorable Richard Stewart, August 31, 2000 ...... 065074 Valley. September 29, 2000, mayor, City of Moreno Valley, Valley Times. 14177 Frederick Street, Moreno Valley, California 92552. Sacramento .. City of Folsom .... June 28, 2000, July 5, The Honorable Stephen Miklos, June 8, 2000 ...... 060263 2000, The Folsom mayor, City of Folsom, 50 Telegraph. Natoma Street, Folsom, California 95630. Sacramento .. City of Sac- September 13, 2000, The Honorable Joe Serna, Jr., August 21, 2000 ...... 060266 ramento. September 20, 2000, mayor, City of Sacramento, City Sacramento Bee. Hall, 915 I Street, Room 205, Sacramento, California 95814. Sacramento .. Unincorporated August 22, 2000, August The Honorable Roger Dickinson, August 2, 2000 ...... 060262 Areas. 29, 2000, Sacramento chairperson, Sacramento County, Bee. Board of Supervisors, 700 H Street, Room 2450, Sacramento, California 95814. Sacramento .. Unincorporated September 14, 2000, The Honorable Roger Dickinson, August 23, 2000 ...... 060262 Areas. September 21, 2000, chairperson, Sacramento County, Sacramento Bee. Board of Supervisors, 700 H Street, Room 2450, Sacramento, California 95814. San Diego .... City of Oceanside September 12, 2000, The Honorable Dick Lyon, mayor, August 25, 2000 ...... 060294 September 19, 2000, City of Oceanside, 300 North North County Times. Coast Highway, Oceanside, Cali- fornia 92054±2885. Colorado: Arapahoe ...... City of Aurora ..... August 10, 2000, August The Honorable Paul Tauer, mayor, July 19, 2000 ...... 080002 17, 2000, Aurora Sen- City of Aurora, 1470 South Ha- tinel. vana Street, Aurora, Colorado 80012. El Paso ...... City of Colorado August 15, 2000, August The Honorable MaryLou July 28, 2000 ...... 080060 Springs. 22, 2000, The Gazette. Makepeace, mayor, City of Colo- rado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901±1575. Mesa ...... City of Grand August 17, 2000, August The Honorable Gene Kinsey, November 22, 2000 .. 080117 Junction. 24, 2000, Daily Sen- mayor, City of Grand Junction, tinel. 250 North Fifth Street, Grand Junction, Colorado 81501±2668. Mesa ...... Unincorporated August 17, 2000, August The Honorable Doralyn B. Genova, November 22, 2000 .. 080115 Areas. 24, 2000, Daily Sen- chairperson, Mesa County, Board tinel. of Commissioners, P.O. Box 20000, Grand Junction, Colorado 81502±5001. Weld ...... Town of Windsor August 31, 2000, Sep- The Honorable Wayne Miller, December 6, 2000 ..... 080264 tember 7, 2000 Wind- mayor, Town of Windsor, 301 sor Beacon. Walnut Street, Windsor, Colorado 80550. Weld ...... Unincorporated August 31, 2000, Sep- The Honorable Barbara Kirkmeyer, December 6, 2000 ..... 080266 Areas. tember 7, 2000, Gree- chairperson, Weld County, Board ley Daily Tribune. of Commissioners, P.O. Box 758 Greeley, Colorado 80632±0758. Idao: Boise ...... City of Idaho City August 18, 2000, August The Honorable Thomas D. Corum, July 28, 2000 ...... 160222 25, 2000 The Idaho mayor, City of Idaho City, P.O. Statesman. Box 130, Idaho City, Idaho 83631. Boise ...... Unincorporated August 18, 2000, August The Honorable John S. Foard, Sr., July 28, 2000 ...... 160205 Areas. 25, 2000, The Idaho chairperson, Boise County, Board Statesman. of Commissioners, P.O. Box BC, Idaho City, Idaho 83631. Teton ...... Unincorporated August 17, 2000, August The Honorable Brent Robson, chair- August 2, 2000 ...... 160230 Areas. 24, 2000, Teton Valley person, Teton County, Board of News. Commissioners, 89 North Main, Driggs, Idaho 83422. Nevada:
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Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date of Community was published modification No.
Clark ...... Unincorporated July 21, 2000, July 28, The Honorable Bruce L. Woodbury, June 28, 2000 ...... 320003 Areas. 2000, Las Vegas Re- chairperson, Clark County, Board view-Journal. of Commissioners, P.O. Box 551601, Las Vegas, Nevada 89155±1601. Clark ...... Unincorporated September 21, 2000, The Honorable Bruce L. Woodbury, August 29, 2000 ...... 320003 Areas. September 28, 2000, chairperson, Clark County, Board Las Vegas Review- of Commissioners, P.O. Box Journal. 551601 Las Vegas, Nevada 89155±1601. Elko ...... City of Elko ...... August 16, 2000, August The Honorable Mike Franzoia, July 21, 2000 ...... 320010 23, 2000, Elko Daily mayor, City of Elko, 1751 College Free Press. Avenue, Elko, Nevada 89801. New Mexico: Bernalillo ...... City of Albu- August 9, 2000, August The Honorable Jim Baca, mayor, July 13, 2000 ...... 350002 querque. 16, 2000, Albuquerque City of Albuquerque, P.O. Box Journal. 1293, Albuquerque, Nex Mexico 87103. New Mexico: Bernalillo ...... City of Albu- August 10, 2000, August The Honorable Jim Baca, mayor, July 13, 2000 ...... 350002 querque. 17, 2000, Albuquerque City of Albuquerque, P.O. Box Journal. 1293, Albuquerque, New Mexico 87103. Oklahoma: Tulsa ...... City of Bixby ...... September 15, 2000, The Honorable Joe Williams, December 21, 2000 ... 400207 September 22, 2000, mayor, City of Bixby, 116 West Tulsa World. Needles Avenue, Bixby, Okla- homa 74008. Tulsa ...... City of Tulsa ...... September 15, 2000, The Honorable M. Susan Savage, December 21, 2000 .. 405381 September 22, 2000, mayor, City of Tulsa, City Hall, Tulsa World. 200 Civic Center, Tulsa, Okla- homa 74103. Tulsa ...... Unincorporated September 15, 2000, The Honorable Wilbert E. Collins, December 21, 2000 .. 400462 Areas. September 22, 2000, Sr., chairperson, Tulsa County, Tulsa World. Board of Commissioners, 500 South Denver, Tulsa, Oklahoma 74103. Oregon: Clackamas .... City of Milwaukee September 15, 2000, The Honorable Carolyn Tomeri, December 21, 2000 ... 410019 September 22, 2000, mayor, City of Milwaukee, City The Oregonian. Hall, 10722 Southeast Main Street, Milwaukee, Oregon 97222. Clackamus .... Unincorporated September 15, 2000, The Honorable Bill Kennemer, December 21, 2000 .. 415588 Areas. September 22, 2000, chairperson, Clackamus County, The Oregonian. Board of Commissioners, 906 Main Street, Oregon City, Oregon 97045. Multnomah .... City of Portland ... September 15, 2000, The Honorable Vera Katz, mayor, December 21, 2000 .. 410183 September 22, 2000, City of Portland, 1221 Southwest The Oregonian. Fourth Avenue, Portland, Oregon 97204. Multnomah .... Unincorporated September 15, 2000, The Honorable Beverly Stein, chair- December 21, 2000 .. 410179 Areas. September 22, 2000, person, Multnomah County, The Oregonian. Board of Commissioners, 1120 Southwest Fifth Avenue, Room 1515, Portland, Oregon 97204. Texas: Brazos ...... City of College August 3, 2000, August The Honorable Lynn McIlhaney, July 10, 2000 ...... 480083 Station. 10, 2000, Bryan-Col- mayor, City of College Station, lege Station Eagle. P.O. Box 9960, College Station, Texas 77842±0960. Collin ...... City of Frisco ...... July 28, 2000/August 4, The Honorable Kathy Seei, mayor, July 5, 2000 ...... 480134 2000, Frisco Enter- City of Frisco, P.O. Box 1100, prise. Frisco, Texas 75034. Collin ...... City of Plano ...... August 16, 2000, August The Honorable Jeran Akers, mayor, July 25, 2000 ...... 480140 23, 2000, Plano Star City of Plano, P.O. Box 860358, Courier. Plano, Texas 75086±0358. Collin ...... Unincorporated August 16, 2000, August The Honorable Ron Harris, Collin July 25, 2000 ...... 480130 Areas. 23, 2000, Plano Star County Judge, 210 South McDon- Courier. ald Street, McKinney, Texas 75086±0358.
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Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date of Community was published modification No.
Dallas ...... City of Dallas ...... September 19, 2000, The Honorable Ron Kirk, mayor, August 24, 2000 ...... 480171 September 26, 2000, City of Dallas, City Hall, 150 Dallas Morning News. Marilla Street, Dallas, Texas 75201. Dallas ...... City of Richard- August 3, 2000, August The Honorable Gary Slagel, mayor, November 8, 2000 .... 480184 son. 10, 2000 Richardson City of Richardson, P.O. Box Daily News. 830309, Richardson, Texas 75083±0309. Denton ...... City of Denton ..... August 10, 2000, August The Honorable Euline Brock, July 14, 2000 ...... 480194 17, 2000 Denton mayor, City of Denton, 215 East Record-Chronicle. Mckinney Street, Denton, Texas 76201. Harris ...... Unincorporated August 29, 2000, Sep- The Honorable Robert Eckels, Har- August 14, 2000 ...... 480287 Areas. tember 5, 2000 Hous- ris County Judge, 1001 Preston ton Chronicle. Street, Suite 911, Houston, Texas 77002. Montgomery Unincorporated September 7, 2000, Sep- The Honorable Alan Sadler, Mont- December 13, 2000 .. 480483 Areas. tember 14, 2000 Con- gomery County Judge, 301 North roe Courier. Thompson Street, Suite 210, Conroe, Texas 77301.
(Catalog of Federal Domestic Assistance No. elevations may be changed during the National Flood Insurance Program 83.100, ‘‘Flood Insurance.’’) 90-day period. (NFIP). Dated: October 20, 2000. ADDRESSES: The modified Base Flood These modified elevations, together Michael J. Armstrong, Elevations for each community are with the floodplain management criteria Associate Director for Mitigation. available for inspection at the office of required by 44 CFR 60.3, are the [FR Doc. 00–27641 Filed 10–26–00; 8:45 am] the Chief Executive Officer of each minimum that are required. They BILLING CODE 6718±04±P community. The respective addresses should not be construed to mean that are listed in the table below. the community must change any FOR FURTHER INFORMATION CONTACT: existing ordinances that are more FEDERAL EMERGENCY Matthew B. Miller, P.E., Chief, Hazards stringent in their floodplain MANAGEMENT AGENCY Study Branch, Mitigation Directorate, management requirements. The community may at any time enact 44 CFR part 65 500 C Street SW., Washington, DC 20472, (202) 646–3461, or (e-mail) stricter requirements of its own, or [Docket No. FEMA±B±7402] [email protected]. pursuant to policies established by other Federal, State, or regional entities. SUPPLEMENTARY INFORMATION: The Changes in Flood Elevation modified Base Flood Elevations are not The changes in Base Flood Elevations Determinations listed for each community in this are in accordance with 44 CFR 65.4. AGENCY: Federal Emergency interim rule. However, the address of National Environmental Policy Act Management Agency (FEMA). the Chief Executive Officer of the This rule is categorically excluded ACTION: Interim rule. community where the modified Base Flood Elevation determinations are from the requirements of 44 CFR part SUMMARY: This interim rule lists available for inspection is provided. 10, Environmental Consideration. No communities where modification of the Any request for reconsideration must environmental impact assessment has Base (1-percent-annual-chance) Flood be based on knowledge of changed been prepared. Elevations is appropriate because of conditions or new scientific or technical Regulatory Flexibility Act new scientific or technical data. New data. flood insurance premium rates will be The modifications are made pursuant The Associate Director for Mitigation calculated from the modified Base Flood to Section 201 of the Flood Disaster certifies that this rule is exempt from Elevations for new buildings and their Protection Act of 1973, 42 U.S.C. 4105, the requirements of the Regulatory contents. and are in accordance with the National Flexibility Act because modified Base DATES: These modified Base Flood Flood Insurance Act of 1968, 42 U.S.C. Flood Elevations are required by the Elevations are currently in effect on the 4001 et seq., and with 44 CFR part 65. Flood Disaster Protection Act of 1973, dates listed in the table below and For rating purposes, the currently 42 U.S.C. 4105, and are required to revise the Flood Insurance Rate Maps in effective community number is shown maintain community eligibility in the effect prior to this determination for and must be used for all new policies NFIP. No regulatory flexibility analysis each listed community. and renewals. has been prepared. From the date of the second The modified Base Flood Elevations Regulatory Classification publication of these changes in a are the basis for the floodplain newspaper of local circulation, any management measures that the This interim rule is not a significant person has ninety (90) days in which to community is required to either adopt regulatory action under the criteria of request through the community that the or to show evidence of being already in Section 3(f) of Executive Order 12866 of Associate Director for Mitigation effect in order to qualify or to remain September 30, 1993, Regulatory reconsider the changes. The modified qualified for participation in the Planning and Review, 58 FR 51735.
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Executive Order 12612, Federalism List of Subjects in 44 CFR Part 65 Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, This rule involves no policies that Flood insurance, Floodplains, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, have federalism implications under Reporting and recordkeeping 3 CFR, 1979 Comp., p. 376. Executive Order 12612, Federalism, requirements. dated October 26, 1987. Accordingly, 44 CFR Part 65 is § 65.4 [Amended] amended to read as follows: Executive Order 12778, Civil Justice 2. The tables published under the Reform PART 65Ð[AMENDED] authority of § 65.4 are amended as This rule meets the applicable follows: standards of Section 2(b)(2) of Executive 1. The authority citation for Part 65 Order 12778. continues to read as follows:
Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date of Community was published modification No.
Arizona: Gila ...... Town of Payson .. June 6, 2000, June 13, The Honorable Vernon M. Stiffler, May 18, 2000 ...... 040107 2000, Payson Round- Mayor, Town of Payson, 303 up. North Beeline Highway, Payson, Arizona 85541±4306. Mohave ...... Unincorporated May 3, 2000, May 10, The Honorable Buster Johnson, Oct. 20, 2000 ...... 040058 Areas. 2000, Kingman Daily Chairman, Mohave County Board Minor. of Supervisors, 809 East Beale Street, Kingman, Arizona 86401± 5924. Navajo ...... Unincorporated May 17, 2000, May 24, The Honorable Tommy Thompson, April 20, 2000 ...... 040066 Areas. 2000, Holbrook Trib- Chairperson, Navajo County une News. Board of Supervisors, P.O. Box 668, Holbrook, Arizona 86025. Pima ...... City of Tucson .... June 20, 2000, June 27, The Honorable Robert Walkup, May 31, 2000 ...... 040076 2000, Arizona Daily Mayor, City of Tucson, P.O. Box Star. 27210, Tucson, Arizona 85726. Arkansas: Unincorporated June 7, 2000, June 14, The Honorable Jerry Williams, Sept. 12, 2000 ...... 050428 Crawford. Areas. 2000, Crawford County Crawford County Judge, Crawford Courier. County Courthouse, 300 Main Street, Room 4, Van Buren, Ar- kansas 72956±5798. California: Alameda ...... City of Fremont ... June 1, 2000, June 8, The Honorable Gus Morrison, April 25, 2000 ...... 065028 2000, The Argus. Mayor, City of Fremont, P.O. Box 5006, Fremont, California 94537. Lake ...... Unincorporated June 14, 2000, June 21, The Honorable D. W. Merriman, May 25, 2000 ...... 060090 Areas. 2000, Lake County Chairperson, Lake County Board Record Bee. of Supervisors, 255 North Forbes Street, Lakeport, California 95453. Colorado: Adams ...... City of Northglenn May 18, 2000, May 25, The Honorable Don Parsons, Aug. 23, 2000 ...... 080257 2000, Northglenn- Mayor, City of Northglenn, P.O. Thornton Sentinel. Box 330061, Northglenn, Colo- rado 80233±8061. Adams ...... City of Thornton .. May 18, 2000, May 25, The Honorable Noel Busck, Mayor, Aug. 23, 2000 ...... 080007 2000, Northglenn- City of Thornton, 9500 Civic Cen- Thornton Sentinel. ter Drive, Thornton, Colorado 80229. Missouri: St. City of O'Fallon ... June 9, 2000, June 16, The Honorable Paul Renaud, May 24, 2000 ...... 290316 Charles. 2000, St. Charles Mayor, City of O'Fallon, 138 Journal. South Main Street, O'Fallon, Mis- souri 63366. New Mexico: Unincorporated May 11, 2000, May 18, The Honorable Tom Rutherford, Mar. 31, 2000 ...... 350001 Bernadillo. Areas. 2000, Albuquerque Chairperson, Bernalillo County Journal. Board of Commissioners, 2400 Broadway Southeast, Albu- querque, New Mexico 87102. Oklahoma: Oklahoma ..... City of Oklahoma May 31, 2000, June 7, The Honorable Kirk Humphreys, May 12, 2000 ...... 405378 City. 2000, Daily Oklaho- Mayor, City of Oklahoma City, man. 200 North Walker, Suite 302, Oklahoma City, Oklahoma 73102. Tulsa ...... City of Glenpool .. May 31, 2000, June 7, The Honorable Charles Campbell, Sept. 5, 2000 ...... 400208 2000, Tulsa World. Mayor, City of Glenpool, P.O. Box 70, Glenpool, Oklahoma 74033. Texas:
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Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date of Community was published modification No.
Brazos ...... City of Bryan ...... June 14, 2000, June 21, The Honorable Lonnie Stabler, Sept. 19, 2000 ...... 480082 2000, Bryan-College Mayor, City of Bryan, P.O. Box Station Eagle. 1000, Bryan, Texas 77805. Brazos ...... City of College June 14, 2000, June 21, The Honorable Lynn McIlhaney, Sept. 19, 2000 ...... 480083 Station. 2000, Bryan-College Mayor, City of College Station, Station Eagle. P.O. Box 9960, College Station, Texas 77842±0960. Denton ...... City of Denton ..... June 22, 2000, June 29, The Honorable Eulene Brock, June 1, 2000 ...... 480194 2000, Denton Record Mayor, City of Denton, 215 East Chronicle. McKinney Street, Denton, Texas 76201. Denton ...... City of Lewisville May 26, 2000, June 2, The Honorable Bobbie J. Mitchell, May 5, 2000 ...... 480195 2000, Lewisville News. Mayor, City of Lewisville, P.O. Box 299002, Lewisville, Texas 75029±9002. Denton ...... Unincorporated June 22, 2000, June 29, The Honorable Kirk Wilson, Denton June 1, 2000 ...... 480774 Areas. 2000, Denton Record County Judge, 110 West Hickory Chronicle. Street, Denton, Texas 76201. Denton ...... Town of Westlake June 6, 2000, June 13, The Honorable Scott Bradley, May 15, 2000 ...... 480614 2000, Keller Citizen. Mayor, Town of Westlake, 3 Vil- lage Circle, Suite 207, Westlake, Texas 76262. Fort Bend ..... Fort Bend Coun- May 12, 2000, May 19, Mr. Saib Y. Saour, P.E., R.L.S., Mar. 31, 2000 ...... 481520 ty, Municipal 2000, Herald-Coaster. District Engineer, 34 Fort Bend Utility, District County Municipal Utility District No. 34. No. 34, c/o Benchmark Engineer- ing Corporation, 2401 Fountainview Drive, Suite 220, Houston, Texas 77057. Fort Bend ..... Fort Bend Coun- May 12, 2000, May 19, Mr. Saib Y. Saour, P.E., R.L.S., Mar. 31, 2000 ...... 481519 ty, Municipal 2000, Herald-Coaster. District Engineer, Fort Bend Utility, District County Municipal Utility District No. 35. No. 35, c/o Benchmark Engineer- ing Corporation, 2401 Fountainview Drive, Suite 220, Houston, Texas 77057. Fort Bend ..... Unincorporated May 12, 2000, May 19, The Honorable James Adolphus, Mar. 31, 2000 ...... 480228 Areas. 2000, The Herald- Fort Bend County Judge, 301 Coaster. Jackson Street, Suite 719, Rich- mond, Texas 77469. Harris ...... City of Houston ... June 6, 2000, June 13, The Honorable Lee Brown, Mayor, Sept. 11, 2000 ...... 480296 2000, Houston Chron- City of Houston, P.O. Box 1562, icle. Houston, Texas 77251±1562. Washington: Unincorporated May 11, 2000, May 18, The Honorable Harvey Wolden, April 7, 2000 ...... 530151 Skagit. Areas. 2000, Skagit Valley Chairperson, Skagit County Herald. Board of Commissioners, 700 South Second Street, Room 202, Mount Vernon, Washington 98273.
(Catalog of Federal Domestic Assistance No. ACTION: Final rule. modified base flood elevations for each 83.100, ‘‘Flood Insurance’’) community. This date may be obtained SUMMARY: Base (1% annual chance) Dated: October 16, 2000. by contacting the office where the maps flood elevations and modified base Michael J. Armstrong, are available for inspection as indicated flood elevations are made final for the on the table below. Associate Director for Mitigation. communities listed below. The base ADDRESSES: The final base flood [FR Doc. 00–27640 Filed 10–26–00; 8:45 am] flood elevations and modified base elevations for each community are BILLING CODE 6718±04±P flood elevations are the basis for the available for inspection at the office of floodplain management measures that the Chief Executive Officer of each each community is required either to community. The respective addresses FEDERAL EMERGENCY adopt or to show evidence of being are listed in the table below. MANAGEMENT AGENCY already in effect in order to qualify or FOR FURTHER INFORMATION CONTACT: remain qualified for participation in the 44 CFR Part 67 Matthew B. Miller, P.E., Chief, Hazards National Flood Insurance Program Study Branch, Mitigation Directorate, (NFIP). Final Flood Elevation Determinations Federal Emergency Management EFFECTIVE DATES: The date of issuance of Agency, 500 C Street SW., Washington, AGENCY: Federal Emergency the Flood Insurance Rate Map (FIRM) DC 20472, (202) 646–3461, or (email) Management Agency (FEMA). showing base flood elevations and [email protected].
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SUPPLEMENTARY INFORMATION: The Executive Order 12612, Federalism, #Depth in Federal Emergency Management Agency dated October 26, 1987. feet above (FEMA or Agency) makes final ground. Executive Order 12778, Civil Justice Source of flooding and location determinations listed below of base *Elevation Reform in feet flood elevations and modified base (NGVD) flood elevations for each community This rule meets the applicable listed. The proposed base flood standards of Section 2(b)(2) of Executive Roundhill Brook: elevations and proposed modified base Order 12778. At the confluence with Longhill Brook ...... *88 flood elevations were published in List of Subjects in 44 CFR Part 67 newspapers of local circulation and an Maps available for inspec- opportunity for the community or Administrative practice and tion at the Municipal Build- individuals to appeal the proposed procedure, Flood insurance, Reporting ing, Planning and Zoning determinations to or through the and recordkeeping requirements. Room, 245 DeKoven Drive, Middletown, Connecticut. community was provided for a period of Accordingly, 44 CFR Part 67 is ninety (90) days. The proposed base amended as follows: ÐÐÐ flood elevations and proposed modified South Windsor (Town), Hart- base flood elevations were also PART 67Ð[AMENDED] ford County (FEMA Docket No. 7307) published in the Federal Register. 1. The authority citation for Part 67 Avery Brook: This final rule is issued in accordance continues to read as follows: Approximately 1,475 feet with Section 110 of the Flood Disaster downstream of Benedict Authority: 42 U.S.C. 4001 et seq.; Protection Act of 1973, 42 U.S.C. 4104, Drive ...... *176 Reorganization Plan No. 3 of 1978, 3 CFR, and 44 CFR Part 67. Approximately 340 feet 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, The Agency has developed criteria for downstream of Beelzebub *226 3 CFR, 1979 Comp., p. 376. floodplain management in floodprone Maps available for inspec- areas in accordance with 44 CFR Part § 67.11 [Amended] tion at the South Windsor 60. 2. The tables published under the Town Hall, 1540 Sullivan Interested lessees and owners of real authority of § 67.11 are amended as Avenue, South Windsor, Connecticut. property are encouraged to review the follows: proof Flood Insurance Study and Flood DELAWARE Insurance Rate Map available at the #Depth in address cited below for each feet above New Castle County (Unin- community. ground. Source of flooding and location *Elevation corporated Areas (FEMA The base flood elevations and in feet Docket No. 7303) modified base flood elevations are made (NGVD) Unnamed Tributary to Mill final in the communities listed below. Creek: Elevations at selected locations in each CONNECTICUT Just upstream of Loblolly community are shown. Court ...... *267 Middletown (City), Middlesex Approximately 870 feet up- National Environmental Policy Act County (FEMA Docket stream of Loblolly Court ... *281 This rule is categorically excluded Nos. 7275 and 7307) Maps available for inspec- from the requirements of 44 CFR Part Mattabasset River: tion at the New Castle Gov- Approximately 60 feet down- 10, Environmental Consideration. No ernment Center, 87 Reads stream of State Route 72 *23 Way, New Castle, Delaware. environmental impact assessment has At upstream county bound- been prepared. ary (approximately 2,590 GEORGIA Regulatory Flexibility Act feet upstream of Industrial Park Road) ...... *23 Americus (City), Sumner The Associate Director, Mitigation Miner Brook: County (FEMA Docket No. Directorate, certifies that this rule is At confluence with 7307) exempt from the requirements of the Mattabasset River ...... *23 Town Creek: Regulatory Flexibility Act because final Approximately 50 feet down- Approximately 500 feet or modified base flood elevations are stream of abandoned rail- downstream of Magnolia road ...... *23 Street ...... *330 required by the Flood Disaster Sawmill Brook: Protection Act of 1973, 42 U.S.C. 4104, Approximately 225 feet up- At confluence with stream of Rigas Road ...... *373 and are required to establish and Mattabasset River ...... *23 Mill Creek Tributary: maintain community eligibility in the Approximately 1,530 feet Approximately 800 feet National Flood Insurance Program. No downstream of Aetna En- downstream of CSX regulatory flexibility analysis has been trance Road ...... *24 Transportation ...... *339 prepared. Longhill Brook: Approximately 100 feet up- Approximately 130 feet stream of State Route 27 *385 Regulatory Classification downstream of South Maps available for inspec- Main Street ...... *52 This final rule is not a significant tion at the Americus City Just upstream of Wesleyan regulatory action under the criteria of Hall, Community Develop- Road ...... *187 ment Department, 101 West Section 3(f) of Executive Order 12866 of Longhill Brook Diversion Lamar Street, Americus, September 30, 1993, Regulatory Channel: Georgia. Planning and Review, 58 FR 51735. At the downstream con- ÐÐÐ Executive Order 12612, Federalism fluence with Longhill Brook ...... *82 Sumter County (Unincor- This rule involves no policies that At the upstream confluence porated Areas) (FEMA have federalism implications under with Longhill Brook ...... *98 Docket No. 7307)
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#Depth in #Depth in #Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD)
Muckalee Creek: East Tributary Skunk Creek: At upstream side of Butch- At the confluence of Mill Approximately 550 feet up- ers Lane ...... *765 Creek ...... *321 stream of White Oak Goose Creek: Approximately 1,800 feet Road ...... *763 Approximately 325 feet up- upstream of confluence of Approximately 1,050 feet stream of West Oakland Wolf Creek ...... *333 upstream of White Oak County Road ...... *740 Mill Creek Tributary: Road ...... *763 Just upstream of Morris Av- Approximately 700 feet Sugar Creek: enue ...... *771 downstream of CSX At downstream side of Inter- Short Point Creek Tributary A: Transportation ...... *339 state Routes 55 and 74 ... *738 1,120 feet upstream from Approximately 1,500 feet At downstream side of Air- U.S. Route 51 ...... *739 downstream of U.S. Route port Road ...... *810 280 ...... *375 1,960 feet upstream from Maps available for inspec- U.S. Route 51 ...... *744 Maps available for inspec- tion at the City of Bloom- West Branch Sugar Creek: tion at the Code Enforce- ington Engineering and Upstream of Raab Road ..... *817 ment Office, Sumter County Water Department, 109 East Courthouse, West Lamar Olive Street, Bloomington, Il- Maps available for inspec- Street, Americus, Georgia. linois. tion at the McLean County ÐÐÐ Building and Zoning Depart- ILLINOIS ment, 104 West Front McLean County (Unincor- Street, Bloomington, Illinois. Beach Park (Village), Lake porated Areas) (FEMA County (FEMA Docket No. Docket No. 7287) ÐÐÐ 7307) Sugar Creek: Normal (Town), McLean Bull Creek (near Waukegan): Approximately 230 feet County (FEMA Docket No. Just upstream of Talmadge downstream of Stringtown 7283) Avenue ...... *625 Road ...... *697 North Branch Sugar Creek: Approximately 725 feet up- At downstream side of Air- At confluence with Sugar stream of the upstream port Road ...... *810 Creek ...... *762 crossing of Beach Road .. *667 East Tributary Skunk Creek: Approximately 100 feet up- Maps available for inspec- At confluence with Skunk stream of Fort Jesse tion at the Beach Park Vil- Creek ...... *756 Road ...... *790 At Norfolk and Western Rail- lage Hall, 11270 West Skunk Creek: Wadsworth Road, Beach way ...... *757 Skunk Creek: Approximately 200 feet up- Park, Illinois. At confluence with Sugar stream of College Avenue *780 ÐÐÐ Creek ...... *744 At downstream side of Bloomington (City), McLean Approximately 625 feet Gregory Street ...... *786 County (FEMA Docket No. downstream of Interstate East Tributary Skunk Creek: 7783) Routes 55 and 74 ...... *780 At Norfolk and Western Rail- Goose Creek: North Branch Sugar Creek road ...... *757 At confluence with Sugar Tributary: Approximately 20 feet up- Creek ...... *740 Approximately 625 feet up- stream of Hovey Avenue *763 Approximately 970 feet stream of confluence with Sugar Creek: downstream of U.S. Route North Branch Sugar Approximately 225 feet up- 51 ...... *797 Creek ...... *781 stream of confluence of High School Branch: At downstream side of West Branch Sugar Creek *754 At confluence with Sugar Koerner Street ...... *812 Approximately 50 feet down- Creek ...... *770 North Branch Sugar Creek: stream of Veterans Park- Approximately 1,960 feet Approximately 125 feet up- way ...... *790 upstream of Towanda Av- stream of Fort Jesse West Branch Sugar Creek: enue ...... *810 Road ...... *790 Approximately 120 feet up- Little Kickapoo Creek: Approximately 225 feet up- stream of confluence with At upstream side of Ireland stream of Raab Road ...... *814 Sugar Creek ...... *754 Grove Road ...... *818 Brookridge Branch: At upstream side of Gulf Approximately 2,700 feet At confluence with Little Course weir ...... *811 upstream of Lincoln Street *823 Kickapoo Creek ...... *819 Brookridge Branch: Approximately 2,020 feet West Branch Sugar Creek Approximately 450 feet up- upstream of Hershey Tributary: stream of confluence with Road ...... *827 At confluence with West Little Kickapoo Creek ...... *819 Little Kickapoo Creek: Branch ...... *800 Approximately 1,900 feet Approximately 250 feet Approximately 840 feet up- upstream of Hershey downstream of County stream of confluence with Road ...... *827 Road 800 ...... *739 West Branch ...... *805 Skunk Creek: Just downstream of Lincoln Linden Street Drain: Approximately 650 feet up- Street ...... *820 At upstream side of Syca- stream of confluence with Butcher's Lane Tributary: more Street ...... *792 Sugar Creek ...... *744 Approximately 240 feet Approximately 625 feet up- Approximately 1,120 feet downstream of Butchers stream of Shelbourne upstream of Market Street *746 Lane ...... *761 Drive ...... *810
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#Depth in #Depth in #Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD)
Maps available for inspec- NEW YORK Approximately 0.3 mile up- tion at the Normal Town stream of Raywood Drive *760 Hall, 100 East Phoenix Ave- Frankfort (Village), Her- Maps available for inspec- nue, Normal, Illinois. kimer County (FEMA tion at the Town of Monroe Waukegan (City), Lake Docket No. D7500) Building Department, 11 County (FEMA Docket Mohawk River: Stage Road, Monroe, New Nos. 7307 and 7263) Approximately 0.38 mile York. Bull Creek (near Waukegan): downstream of Railroad ÐÐÐ Approximately 175 feet up- Street ...... *395 Oneida (City), Madison stream of North Shore Av- Approximately 0.31 mile County (FEMA Docket No. enue ...... *651 downstream of upstream 7307) Just upstream of the up- corporate limits ...... *397 stream crossing of Beach Higinbotham Brook: Maps available for inspec- At abandoned railroad ...... *428 Road ...... *665 tion at the Frankfort Village Des Plaines River: Approximately 460 feet up- Hall, Clerk's Office, 126 stream of State Route 5 .. *479 Approximately 2.1 miles East Orchard Street, Frank- downstream of Belvidere fort, New York. Maps available for inspec- Road ...... *661 tion at the City of Oneida ÐÐÐ Approximately 1.2 miles Municipal Building, 109 Main downstream of Belvidere Italy (Town), Yates County Street, Oneida, New York. Road ...... *662 (FEMA Docket No. D7500) Suburban Country Club Tribu- Lake Canandaigua: OHIO tary: Entire shoreline within com- Approximately 1,750 feet munity ...... *692 Lucas County (Unincor- upstream of Unnamed Maps available for inspec- porated Areas) (FEMA Road ...... *668 tion at the Italy Town Docket Nos. 7227, 7295, Approximately 200 feet up- Clerk's Office, 6085 Italy and 7311) stream of Delaney Road .. *668 Valley Road, Naples, New Ottawa River: Maps available for inspec- York. At the State boundary ...... *580 tion at the Waukegan City ÐÐÐ Approximately 0.5 mile up- Engineer's Office, 106 North Lancaster (Town), Erie stream of Summit Street .. *580 Utica Street, Waukegan, Illi- County (FEMA Docket No. Maumee Bay: nois. 7307) Approximately 1,500 feet Little Buffalo Creek: east of the intersection of MAINE At confluence with Cayuga 103rd Street and Summit Creek ...... *679 Street ...... *580 Andrews Island, Knox Coun- At a point approximately Maumee Bay: ty (FEMA Docket No. 7307) 1,200 feet upstream of Approximately 1,000 feet Atlantic Ocean: Schwartz Road ...... *711 northeast of the intersec- Approximately 2,000 feet Scajaquada Creek: tion of Breakwater Drive northeast of Nash Point ... *20 At Service Place ...... *697 and Haigh Street ...... *579 At the island of The Neck, At a point approximately 600 Lake Erie: west side of Andrews Is- feet upstream of At the intersection of Decant land ...... *10 Stoneledge Drive ...... *711 Road and Arquette Road *579 Maps available for inspection Plum Bottom Creek: Sautter Ditch: at the Andrews Island Key Upstream side of Steinfeldt At Cedar Point Road. Bank Building, 286 Water Road ...... *686 Approximately 60 feet down- Street, 5th Floor, Augusta, At a point approximately 720 stream of the confluence Maine. feet upstream of Ceme- of Wolf Ditch ...... *579 tery Road ...... *702 Berger Ditch: MICHIGAN Ellicott Creek: At mouth at Maumee Bay. Approximately 1,700 feet Just downstream of Cedar Meridian (Charter Town- upstream of Transit Road *702 Point Road ...... *579 ship), Ingham County Approximately 100 feet up- Cedar Creek: (FEMA Docket No. 7243) stream of Pavement Road *729 At the confluence with Reno Herron Creek: Side Cut and Wards At upstream side of CSX Maps available for inspec- Canal ...... *579 Transportation ...... *847 tion at the Town of Lan- Just downstream of Lyon At Jolly Road ...... *854 caster Building Inspector's Road ...... *579 Smith Drain: Office, 11 West Main Street, Drennan Ditch: At confluence with Red Lancaster, New York. New An area approximately Cedar River ...... *847 York 1,350 feet west of the At Jolly Road ...... *874 ÐÐÐ intersection of Columbus Maps available for inspec- Monroe (Town), Orange Street and Kipling Drive ... *634 tion at the Charter Town- County (FEMA Docket No. Zaleski Ditch: ship of Meridian Municipal 7307) At the confluence with Cairl Building, 5151 Marsh Road, Palm Brook: Ditch ...... *641 Okemos, Michigan. Approximately 72 feet up- At Whitehouse-Spencer stream of State Route 17 *657 Road ...... *667
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#Depth in #Depth in #Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD)
Haefner Ditch: Swan Creek: Maps available for inspec- Approximately 650 feet Approximately 1,400 feet tion at the Ayr Township downstream of I±475 ...... *638 downstream of Building, 979 Buchanan At the confluence of Whitehouse-Spencer Trail, McConnellsburg, Vanderpool Ditch ...... *641 Road ...... *646 Pennsylvania. Vanderpool Ditch: Upstream side of Berkey- ÐÐÐ At the confluence with Southern Road ...... *648 McConnellsburg (Borough), Haefner Ditch ...... *641 Cairl Ditch: Fulton County (FEMA At North King Road ...... *658 At confluence with Wolf Docket No. 7307) Wolf Creek: Creek ...... *609 Big Cove Creek: Approximately 100 feet up- Approximately 50 feet down- stream of Holland-Syl- stream of Perrysburg-Hol- At the corporate limits vania Road ...... *607 land Road ...... *609 (south) ...... *855 At confluence of Everett Approximately 200 feet At the corporate limits Ditch ...... *636 downstream of Ohio Turn- (north) ...... *871 Approximately 50 feet up- pike ...... *639 Maps available for inspec- stream of South Eber Confluence of Zaleski Ditch *641 tion at the Fulton County Road ...... *659 Whidden Ditch: Courthouse, North 2nd Hill Ditch: At I±475 ...... *595 Street, McConnellsburg, Pennsylvania. Approximately 450 feet Approximately 0.4 mile up- downstream of I±475 ...... *652 stream of Norfolk and ÐÐÐ At Central Avenue ...... *641 Western Railway ...... *644 Todd (Township), Fulton Stone Ditch: Maumee River: County (FEMA Docket No. Upstream side of Salisbury Downstream side of Inter- 7307) Road ...... *641 state 475 ...... *595 Big Cove Creek: Approximately 75 feet up- Approximately 1.1 miles up- Approximately 50 feet down- stream of Weckerly Road *648 stream of Norfolk and stream of State Route 16 *865 Potter Ditch: Western Railway ...... *650 Approximately 0.6 mile up- Upstream side of Derbyshire Maumee: stream of State Route 16 *887 Road ...... *636 Entire shoreline within the Maps available for inspec- Approximately 0.4 mile up- county ...... *579 tion at the Todd Township stream of McCord Road .. *649 Drennan Ditch: Comstock Ditch: Building, 2998 East Dutch Approximately 1,260 feet Corner Road, At confluence with Smith downstream of Private Ditch North ...... *669 McConnellsburg, Pennsyl- Drive ...... *634 vania. Approximately 140 feet up- At Private Drive ...... *634 stream of Brint Road ...... *674 Maps available for inspec- WISCONSIN Smith Ditch North: tion at the Lucas County Approximately 1,150 feet Engineering Office, One West Baraboo (Village), Sauk upstream of confluence Government Center, Suite County (FEMA Docket No. with Tenmile Creek ...... *660 801, Toledo, Ohio. 7271) At confluence of Comstock Ditch ...... *669 ÐÐÐ Baraboo River: Sharp Ditch: Newark (City), Licking Coun- Approximately 1,350 feet At confluence of Comstock ty (FEMA Docket No. 7303) downstream of Shaw Ditch ...... *669 North Fork Licking River: Street ...... *843 At Brint Road ...... *677 Approximately 360 feet up- Approximately 0.4 mile up- Heldman Ditch (East): stream of confluence with stream of U.S. Route 12 .. *854 Upstream side of Hill Ave- Licking River ...... *813 Maps available for inspec- nue ...... *635 Approximately 4,752 feet tion at the West Baraboo Approximately 1,650 feet upstream of Manning Village Hall, 500 Cedar downstream of Crissey Street ...... *830 Street, Baraboo, Wisconsin. Road ...... *669 Maps available for inspec- ÐÐÐ Schrieber Ditch: tion at the Newark City Hall, Ironton (Village), Sauk Coun- Upstream side of Centennial Engineering Department, 40 ty (FEMA Docket No. 7271) Road ...... *678 West Main Street, Newark, Little Baraboo River: Approximately 0.6 mile up- Ohio. At downstream corporate stream of Winterhaven limits ...... *903 Drive ...... *685 PENNSYLVANIA At upstream corporate limits *904 Smith Ditch (South): Maps available for inspec- At the confluence with Hill Ayr (Township), Fulton tion at the Ironton Commu- Ditch ...... *641 County (FEMA Docket No. nity Center, 290 Main 7307) At King Road ...... *662 Street, LaValley, Wisconsin. Blystone Ditch: Big Cove Creek: Approximately 1,400 feet Approximately 0.6 mile ÐÐÐ upstream of Black Road .. *633 downstream of the cor- Lake Delton (Village), Sauk Downstream side of State porate limits ...... *848 County (FEMA Docket No. Route 64 ...... *648 At the corporate limits ...... *865 7271)
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#Depth in #Depth in #Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD)
Wisconsin River: ÐÐÐ ÐÐÐ At downstream corporate Prairie du Sac (Village), Sauk County (Unincor- limits ...... *824 Sauk County (FEMA Dock- porated Areas) (FEMA At upstream corporate limits *825 et No. 7271) Docket No. 7271) Maps available for inspec- Wisconsin River: Seeley Creek: tion at the Lake Delton Vil- At downstream corporate At confluence with Baraboo lage Office, 50 Wisconsin limits ...... *748 River ...... *864 Dells Parkway South, Lake At upstream corporate limits *749 Approximately 0.5 mile up- Delton, Wisconsin. Maps available for inspec- stream of County Highway ÐÐÐ tion at the Prairie du Sac W ...... *864 Little Baraboo River: LaValle (Village), Sauk Village Hall, 280 Wash- ington Street, Prairie du At confluence with Baraboo County (FEMA Docket No. River ...... *892 7271) Sac, Wisconsin. ÐÐÐ Approximately 160 feet Baraboo River: downstream of State Approximately 2,700 feet Reedsburg (City), Sauk Route 58 ...... *894 upstream of State Route County (FEMA Docket No. Narrows Creek Split Flow: 33 ...... *892 7271) At the confluence with Nar- Approximately 2,075 feet Baraboo River: rows Creek ...... *914 upstream of State Route Approximately 400 feet up- Approximately 6,400 feet 58 ...... *894 stream of Golf Course upstream of the con- Maps available for inspec- Road ...... *876 fluence with Narrows tion at the LaValle Village Approximately 1 mile up- Creek ...... *925 Office, 103 West Main stream of State Route 23/ Wisconsin River: Street, LaValle, Wisconsin. 33 ...... *880 Approximately 1,000 feet ÐÐÐ Maps available for inspec- downstream of State tion at the Reedsburg City Route 130 ...... *701 Merrimac (Village), Sauk Hall, 134 South Locust Just downstream of Kilbourn County (FEMA Docket No. Street, Reedsburg, Wis- 7271) Dam ...... *827 consin. Narrows Creek: Wisconsin River: ÐÐÐ Approximately 0.60 mile up- At downstream corporate Rock Springs (Village), Sauk stream of the confluence limits ...... *775 County (FEMA Docket No. with the Baraboo River .... *870 At upstream corporate limits *776 7271) Just downstream of State Maps available for inspec- Baraboo River: Route 154 ...... *924 tion at the Merrimac Village Approximately 1,480 feet Baraboo River: Hall, 100 Cook Street, downstream of State At county boundary (Sauk/ Merrimac, Wisconsin. Highway 136 (East Broad- Columbia county line) ap- ÐÐÐ way) ...... *870 proximately 2.55 miles North Freedom (Village), At downstream side of Chi- downstream of State Sauk County (FEMA Dock- cago and Northwestern Route 33 ...... *806 et No. 7271) (approximately 3,400 feet Approximately 0.56 mile up- Baraboo River: upstream of confluence stream of County Road G *910 Approximately 0.53 mile up- with Narrows Creek) ...... *871 Maps available for inspec- stream of the downstream Narrows Creek: tion at the Sauk County crossing of the North At the confluence with the Courthouse, 510 Broadway, Western railroad ...... *864 Baraboo River ...... *870 Baraboo, Wisconsin. Approximately 1.08 miles Approximately 1,400 feet ÐÐÐ downstream of State upstream of Mid-Continent Spring Green (Village), Sauk Route 154 ...... *870 Railway ...... *867 County (FEMA Docket No. Maps available for inspec- Maps available for inspec- 7271) tion at the North Freedom tion at the Rock Springs Vil- Wisconsin River: Village Office, 103 North lage Hall, 110 East Broad- Approximately 1.3 miles Maple, North Freedom, Wis- way, Rock Springs, Wis- downstream of State consin. consin. Highway 23 bridge ...... *710 ÐÐÐ ÐÐÐ Approximately 500 feet up- Sauk City (Village), Sauk stream of State Highway Plain (Village), Sauk County 23 bridge ...... *712 (FEMA Docket No. 7271) County (FEMA Docket No. Honey Creek: 7271) Maps available for inspec- Approximately 1,000 feet Wisconsin River: tion at the Spring Green Vil- northeast of the intersec- At downstream corporate lage Hall, 112 West Monroe tion of Main Street and limits ...... *743 Street, Spring Green, Wis- Bridge Road ...... *799 At upstream corporate limits *748 consin. Maps available for inspec- Maps available for inspec- ÐÐÐ tion at the Plain Village tion at the Sauk City Village West Baraboo (Village), Clerk's Office, 1015 Cedar Hall, 726 Water Street, Sauk Sauk County (FEMA Dock- Street, Plain, Wisconsin. City, Wisconsin. et No. 7271)
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#Depth in EFFECTIVE DATE: The date of issuance of base flood elevations are required by the feet above the Flood Insurance Rate Map (FIRM) Flood Disaster Protection Act of 1973, ground. showing base flood elevations and 42 U.S.C. 4104, and are required to Source of flooding and location *Elevation in feet modified base flood elevations for each establish and maintain community (NGVD) community. This date may be obtained eligibility in the NFIP. No regulatory by contacting the office where the FIRM flexibility analysis has been prepared. Baraboo River: is available for inspection as indicated Regulatory Classification Approximately 1,350 feet in the table below. downstream of Shaw ADDRESSES: The final base flood This final rule is not a significant Street ...... *843 elevations for each community are regulatory action under the criteria of Approximately 0.4 mile up- Section 3(f) of Executive Order 12866 of stream of U.S. Route 12 .. *854 available for inspection at the office of the Chief Executive Officer of each September 30, 1993, Regulatory Maps available for inspec- Planning and Review, 58 FR 51735. tion at the West Baraboo community. The respective addresses Village Hall, 500 Cedar are listed in the table below. Executive Order 12612, Federalism Street, Baraboo, Wisconsin. FOR FURTHER INFORMATION CONTACT: This rule involves no policies that ÐÐÐ Matthew B. Miller, P.E., Chief, Hazards have federalism implications under Wisconsin Dells (City), Sauk Study Branch, Mitigation Directorate, Executive Order 12612, Federalism, and Columbia Counties 500 C Street SW., Washington, DC dated October 26, 1987. (FEMA Docket Nos. 7271 20472, (202) 646–3461, or (e-mail) and 7283) [email protected]. Executive Order 12778, Civil Justice Hulbert Creek: Reform Approximately 30 feet up- SUPPLEMENTARY INFORMATION: The stream of U.S. Highway Federal Emergency Management Agency This proposed rule meets the 12 ...... *826 makes final determinations listed below applicable standards of Section 2(b)(2) Approximately 2,340 feet of base flood elevations and modified of Executive Order 12778. upstream of Trout Road ... *829 base flood elevations for each List of Subjects in 44 CFR part 67 Wisconsin River: community listed. The proposed base At downstream corporate flood elevations and proposed modified Administrative practice and limit ...... *824 base flood elevations were published in procedure, Flood insurance, Reporting At downstream side of and recordkeeping requirements. Kilbourn Dam ...... *827 newspapers of local circulation and an opportunity for the community or Accordingly, 44 CFR part 67 is Maps available for inspec- amended to read as follows: tion at the Wisconsin Dells individuals to appeal the proposed determinations to or through the City Hall, 300 La Crosse PART 67Ð[AMENDED] Street, Wisconsin Dells, community was provided for a period of Wisconsin. ninety (90) days. The proposed base 1. The authority citation for part 67 flood elevations and proposed modified continues to read as follows: (Catalog of Federal Domestic Assistance No. base flood elevations were also published in the Federal Register. Authority: 42 U.S.C. 4001 et seq.; 83.100, ‘‘Flood Insurance.’’) Reorganization Plan No. 3 of 1978, 3 CFR, Dated: October 16, 2000. This final rule is issued in accordance with Section 110 of the Flood Disaster 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Michael J. Armstrong, 3 CFR, 1979 Comp., p. 376. Protection Act of 1973, 42 U.S.C. 4104, Associate Director for Mitigation. and 44 CFR part 67. § 67.11 [Amended] [FR Doc. 00–27643 Filed 10–26–00; 8:45 am] FEMA has developed criteria for 2. The tables published under the BILLING CODE 6718±04±P floodplain management in floodprone authority of § 67.11 are amended as areas in accordance with 44 CFR Part follows: 60. FEDERAL EMERGENCY Interested lessees and owners of real #Depth in MANAGEMENT AGENCY property are encouraged to review the feet above ground proof Flood Insurance Study and FIRM Source of flooding and location 44 CFR Part 67 *Elevation available at the address cited below for in feet (NGVD) Final Flood Elevation Determinations each community. The base flood elevations and ARKANSAS AGENCY: Federal Emergency modified base flood elevations are made Management Agency (FEMA). final in the communities listed below. Benton County and Incor- ACTION: Elevations at selected locations in each porated Areas (FEMA Final rule. Docket No. 7322) community are shown. SUMMARY: Base (1% annual chance) Osage/Turtle Creek: flood elevations and modified base National Environmental Policy Act Just upstream of North 12th Street ...... *1,325 flood elevations are made final for the This rule is categorically excluded Approximately 400 feet up- communities listed below. The base from the requirements of 44 CFR part stream of North 6th Street *1,340 flood elevations and modified base 10, Environmental Consideration. No Blossom Way Creek: flood elevations are the basis for the At its confluence with Osage/ environmental impact assessment has Turtle Creek *1,205 floodplain management measures that been prepared. At its intersection with South each community is required either to 26th Street ...... *1,276 adopt or to show evidence of being Regulatory Flexibility Act Osage Tributary 1: already in effect in order to qualify or The Associate Director for Mitigation At its intersection with (Horsebarn Tributary) remain qualified for participation in the certifies that this rule is exempt from Stoney Brook ...... *1,204 National Flood Insurance Program the requirements of the Regulatory Approximately 700 feet up- (NFIP). Flexibility Act because final or modified stream of Horsebarn Road *1,252
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#Depth in #Depth in #Depth in feet above feet above feet above ground ground ground Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD) Superior Tributary: At its confluence with Tribu- At its confluence with the At its confluence with Osage/ tary A ...... *414 Middle Fork White River .... *1,202 Turtle Creek to Osage/Tur- Approximately 100 feet up- Approximately 2,700 feet up- tle Creek ...... *1,284 stream of Lighthouse Drive *439 stream of South Harris Approximately 1,300 feet up- Little Frog Bayou Tributary: Drive ...... *1,220 stream of Dixieland Road .. *1,314 At its confluence with Little Faubus Creek: Tributary 1 to Blossom Way Frog Bayou ...... *426 At its confluence with the Creek: Just upstream of Maple White River ...... *1,211 At its confluence with Blos- Shade Road ...... *508 Approximately 4,300 feet up- som Way Creek ...... *1,288 Maps for Crawford County stream of South Center Approximately 3,300 feet up- are available for inspection Street ...... *1,255 stream of its confluence at 300 Main Street, Room 4, Maps for the City of Elkins with Tributary 2 of Blossom Van Buren, Arkansas. are available for inspection Way Creek ...... *1,325 Maps for the City of Alma are at 130 West First Street, Elk- Tributary 2 of Blossom Way available for inspection at ins, Arkansas. Creek: 804 Fayetteville Avenue, Maps for Washington County At its confluence with Tribu- Suite B, Alma, Arkansas are available for inspection tary 1 of Blossom Way 72921. at 4 South College Avenue, Creek ...... *1,299 Suite 205, Fayetteville, Ar- Approximately 4,300 feet up- ÐÐÐ kansas. stream of Honeysuckle City of Russellville, Pope Road ...... *1,332 County (FEMA Docket No. NORTH DAKOTA Tributary 3 of Blossom Way 7322) Creek: Benson County and Incor- At its confluence with Blos- Whig Creek: porated Areas (FEMA som Way Creek ...... *1,257 At its intersection with the Docket No. 7322) Approximately 1,900 feet up- Union Pacific Railroad ...... *393 Just upstream of Arkansas Silver Lake: stream from its confluence Entire shoreline of Silver with Blossom Way Creek .. *1,268 Highway 64 ...... *416 Whig Creek Tributary No. 1: Lake ...... *1,450 Maps for Benton County are At its confluence with Whig Pelican Lake: available for inspection at Creek ...... *323 South shoreline of Pelican 215 East Central, Suite 8, Approximately 500 feet up- Lake ...... *1,450 Room 302, Bentonville, Ar- stream of Arkansas High- Spring Lake: kansas. way 75 ...... *326 Spring Lake shoreline ...... *1,450 Maps for the City of Rogers Whig Creek Tributary No. 2: Devils Lake: are available for inspection At its confluence with Whig Northwest shoreline of at 207 South Second, Rog- Creek ...... *323 Grahms Island ...... *1,450 ers, Arkansas. Approximately 2,500 feet up- Devils Lake shoreline adja- Maps for the City of Lowell stream of the Dardanelle cent to Minnewaukan ...... *1,451 are available for inspection Area east of U.S. Route 281, at 214 North Lincoln Street, and Russellville Railroad ... *323 Prairie Creek: south of intersection with Lowell, Arkansas. State Route 19 ...... *1,453 Maps for the City of At its confluence with Prairie Creek Tributary No. 2 ...... *374 West side Woods Rutten Bentonville are available Causeway ...... *1,454 for inspection at 315 South- Approximately 250 feet up- stream of Weir Road ...... *393 West side of State Route 57 west A Street, Bentonville, Causeway south of the Arkansas. Prairie Creek Tributary No. 2: Narrows State Recreation At its confluence with Prairie Area ...... *1,455 ÐÐÐ Creek ...... *374 Crawford County and Incor- Maps are available for in- At its intersection with Weir spection at the Benson porated Areas (FEMA Road (Arkansas Highway Docket No. 7322) County Courthouse, Tax 326) ...... *382 Equalization Office, 311 B Tributary 1: Approximately 2,000 feet up- Avenue South, At its confluence with Little stream of Weir Road ...... *394 Minnewaukan, North Dakota. Frog Bayou ...... *413 School Drain: Maps for the City of Approximately 350 feet up- At its confluence with Prairie Minnewaukan are available stream of East Cherry Creek ...... *343 for inspection at the City Street ...... *431 Approximately 2,000 feet up- Office, 230 Main Street East, Tributary 2: stream of University Drive *387 Minnewaukan, North Dakota At its confluence with Tribu- Maps are available for in- 58351. tary 1 ...... *418 spection at 205 West Sec- Maps for Spirit Lake Tribe Approximately 275 feet up- ond Street, Russellville, Ar- are available for inspection stream of East Cherry kansas. at the Floodplain Emergency Street ...... *429 ÐÐÐ Management-Bureau of In- Tributary 4: Washington County and In- dian Affairs Realty Office, At its confluence with Little corporated Areas (FEMA Highway 57, Fort Totten, Frog Bayou Tributary ...... *444 Docket No. 7322) North Dakota. Approximately 1,200 feet up- ÐÐÐ Middle Fork White River: stream of its confluence Ramsey County and Incor- with Little Frog Bayou Trib- Approximately 3,700 feet up- stream of its confluence porated Areas (FEMA utary ...... *469 Docket No. 7322) Tributary A: with Koger Branch Approximately 650 feet Stokenbury Creek: Lake Irvine: downstream of the Union At its confluence with the Entire shoreline Lake Irvine .. *1,450 Pacific Railroad ...... *411 White River ...... *1,199 Lake Alice: Just upstream of Arkansas Just upstream of Stokenbury Entire shoreline Lake Alice ... *1,450 Highway 64 ...... *434 Road ...... *1,446 Chain Lake: Lighthouse Drain: Koger Branch: Entire shoreline Chain Lake *1,450
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#Depth in Dated: October 20, 2000. comply with the new and revised feet above Michael J. Armstrong, requirements, the Coast Guard is ground Source of flooding and location *Elevation Associate Director for Mitigation. postponing the effective date of the in feet interim rule of November 19, 1999, for (NGVD) [FR Doc. 00–27644 Filed 10–26–00; 8:45 am] BILLING CODE 6718±04±P six months. The Coast Guard considers Mikes Lake: a postponement of six months to be Entire shoreline Mikes Lake *1,450 adequate for better implementation of Dry Lake: Entire shoreline of Dry Lake *1,450 DEPARTMENT OF TRANSPORTATION the new requirements, the revised Stone Lake: standards for training set forth in that Entire shoreline of Stone Coast Guard interim rule, and outreach. Lake ...... *1,450 Accordingly, the effective date for the Pelican Lake: North shoreline of Pelican 46 CFR Parts 10 and 15 interim rule of November 19, 1999 [64 Lake ...... *1,450 FR 63213] is changed from November [USCG 1999±6224] Sixmile Bay: 20, 2000, to May 21, 2001. Northernmost point of Sixmile RIN 2115±AF23 Bay ...... *1,450 Dated: October 23, 2000. West shore of Sixmile Bay ... *1,450 Joseph J. Angelo, East shore of Sixmile Bay Licensing and Manning for Officers of two miles south of State Towing Vessels Acting Assistant Commandant for Marine Route 19 ...... *1,451 Safety and Environmental Protection. Creel Bay: AGENCY: Coast Guard, DOT. [FR Doc. 00–27665 Filed 10–26–00; 8:45 am] Entire western shore of Creel Bay ...... *1,450 ACTION: Interim rule; delay of effective BILLING CODE 4910±15±U Bay side of levee, east date. shoreline of Creel Bay, one mile north of Lakewood SUMMARY: The Coast Guard is delaying FEDERAL COMMUNICATIONS Park ...... *1,452 the effective date of an interim rule with Bay side of levee located at COMMISSION southwest side of Devils request for comments, published in the Lake Municipal Airport ...... *1,455 Federal Register on November 19, 1999 47 CFR Part 15 Devils Lake: [64 FR 63213]. An extension of the Approximately 7,000 feet effective date from November 20, 2000, [PP Docket No. 00±67; FCC 00±342] west of 8th Avenue South *1,451 Approximately 7,000 feet to May 21, 2001, is necessary so we can Compatibility Between Cable Systems east of 8th Avenue South *1,452 make clarifications and issue guidelines and Consumer Electronics Equipment West Side State Route 57 for implementation of the new licenses Causeway south of the and revised training criteria established AGENCY: Federal Communications Narrows State Rec- reational Area ...... *1,455 in that interim rule, and carry on Commission. East Devils Lake: outreach. ACTION: Final rule. North shoreline of East Dev- ils Lake ...... *1,450 EFFECTIVE DATE: This interim rule delays SUMMARY: On September 14, 2000, the Maps for Benson County, the effective date of the interim rule of Federal Communications Commission Township of Coulee and November 19, 1999, from November 20, adopted a Report and Order (R&O) on Township of Creel are 2000, to May 21, 2001; it leaves the labeling of digital television (DTV) available for inspection at unchanged all other requirements. Ramsey County Emergency receivers and other consumer Management Office, 524 4th FOR FURTHER INFORMATION CONTACT: electronics receiving devices. The Avenue, Devils Lake, North Lieutenant Commander Luke Harden, labeling requirements are designed to Dakota. Maps are available for in- Office of Operating and Environmental ensure that consumers understand the spection at the Post Office Standards (G–MSO), U.S. Coast Guard, capability of digital television c/o Bill Bartle, 304 Orvis Ave- 202–267–0229. The Department of equipment to operate with cable nue, Church's Ferry, North Transportation maintains the docket for television systems. This will not only Dakota. Maps are available for in- this rulemaking on the web site for its aid consumers in making informed spection at the City Offices, Document Management System at http:/ purchasing decisions with respect to 423 6th Street, Devils Lake, /dms.dot.gov. The docket number is DTV equipment but also promote the North Dakota. USCG 1999–6224. overall transition from analog to digital WASHINGTON SUPPLEMENTARY INFORMATION: On television. November 19, 1999, the Coast Guard DATES: The rules in this document Okanogan County (Unincor- published an interim rule and request contain information collection porated Areas) (FEMA Docket No. 7322) for comments entitled ‘‘Licensing and requirements and are not effective until Manning for Officers of Towing approved by the Office of Management Twisp River: Approximately 2.18 miles Vessels’’ in the Federal Register [64 FR and Budget. FCC will publish a above mouth ...... *1,677 63213]. The interim rule that was to document in the Federal Register Approximately 2.23 miles become effective on November 20, 2000, announcing the effective date of these above mouth ...... *1,679 established new licenses and revised rules. At its intersection with the Poorman Creek Cutoff training for officers of towing vessels. Public and agency comments on the Road Bridge ...... *1,830 Since promulgation of the interim information collection are due Maps are available for in- rule, the Coast Guard has become aware December 26, 2000. spection at Okanogan Coun- that certain provisions in the rule may ADDRESSES: In addition to filing ty Planning and Development Office, 237 Fourth Avenue, require clarification. The Coast Guard comments with the Office of Secretary, Okanogan, Washington. plans to publish clarification in a a copy of any comments on the separate interim rule. To ensure that it information collection contained herein (Catalog of Federal Domestic Assistance No. makes clear all options, and that it gives shall be submitted to Judy Boley, 83.100, ‘‘Flood Insurance.’’) all affected parties enough time to Federal Communications Commission,
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Room 1–C804, 445 12th Street, SW., (a) ‘‘Digital Cable Ready 1’’ is a 2000 and subsequent reports are due Washington, DC 20554, or via the consumer electronics TV receiving April 30 and October 31, 2001 and April Internet to [email protected]. device capable of receiving analog basic, 30 and October 31, 2002. FOR FURTHER INFORMATION CONTACT: digital basic and digital premium cable 3. The Notice of Proposed Jonathan Levy (202–418–2030), Office of television programming by direct Rulemaking, 65 FR 24671, April 27, Plans and Policy, Federal connection to a cable system providing 2000, in this proceeding also sought Communications Commission. For digital programming. This device does comment about scrambling of digital additional information concerning the not have a 1394 connector or other broadcast signals and their placement information collection(s) contained in digital interface. A security card (or on cable service tiers and about whether this document, contact Judy Boley at POD) provided by the cable operator is the digital transition necessitates any (202) 418–0214, or via the Internet at required to view encrypted amendment to Commission [email protected]. programming. requirements that cable operators offer (b) ‘‘Digital Cable Ready 2’’ is a SUPPLEMENTARY INFORMATION: This is a supplemental equipment to subscribers consumer electronics TV receiving summary of the Commission’s Report to enable them to utilize certain special device capable of receiving analog basic, and Order, PP Docket No. 00–67, FCC features of their digital television digital basic and digital premium cable 00–342, adopted September 14, 2000; receivers (e.g., ‘‘picture in picture’’). The television programming by direct released September 15, 2000. The full R&O concludes the pending digital must connection to a cable system providing text of the Commission’s Report and carry proceeding is the appropriate digital programming. This receiving Order is available for inspection and venue for resolving digital broadcast device will incorporate all features copying during normal business hours signal carriage issues and that no action defined in Digital Cable Ready 1 and in the FCC Reference Center (Room is required at this time with respect to will also include the 1394 digital CY–A257), 445 12th Street, SW., our supplemental equipment rules. interface connector. A security card/ Washington, DC 20554, or may be 4. Additionally, the Notice of POD provided by the cable operator is purchased from the Commission’s copy Proposed Rulemaking in this proceeding required to view encrypted contractor, International Transcription addressed licensing terms for copy programming. Service, Inc., (202) 857–3800, 1231 20th protection technology. Because the Street, NW., Washington, DC 20036. The Note: The 1394 connector may be used for question that emerged in the filed attaching the receiving device to various Report and Order contains a new comments relates to the Commission’s other consumer appliances, including a navigation devices rules, the information collection subject to the digital cable set-top box that incorporates the Paperwork Reduction Act of 1995 1394 connector. Connection of a Digital Cable Commission addressed this issue in a (PRA), Public Law 104–13. It will be Ready 2 receiver to a digital set-top box may separate decision in the navigation submitted to the Office of Management support advanced and interactive digital devices docket. See Further Notice of and Budget (OMB) for review under services and programming delivered by the Proposed Rulemaking, Memorandum section 3507(d) of the PRA. OMB, the cable system via the set-top box. Opinion & Order, and Declaratory general public, and other Federal (c) ‘‘Digital Cable Ready 3’’ is a Ruling in CS Docket No. 97–80, agencies are invited to comment on the consumer electronics TV receiving Implementation of Section 304 of the new information collection contained in device capable of receiving analog basic, Telecommunications Act of 1996- this proceeding. digital basic and digital premium cable Commercial Availability of Navigation television programming. This device Devices, FCC 00–341, adopted Sept. 14, Summary of the Report and Order will incorporate all features defined in 2000. 1. The R&O adopts labeling Digital Cable Ready 1 and will also Paperwork Reduction Act requirements for three categories of receive advanced and interactive digital digital television receivers and other services by direct connection to a cable This Report and Order contains new consumer electronics TV receiving system providing digital programming information collection(s) subject to the devices. The labeling requirements are and advanced and interactive digital PRA of 1995, Public Law 104–13. It will designed to ensure that consumers services. A security card/POD provided be submitted to the Office of understand the capability of digital by the cable operator is required to view Management and Budget (OMB) for television equipment to operate with encrypted programming. review under Section 3507(d) of the cable television systems providing 2. The R&O also keeps PP Docket No. PRA, with a request for emergency digital services. Following are the three 00–67 open in order to give the approval. OMB, the general public, and consumer electronics TV receiving Commission the option of incorporating other Federal agencies are invited to device labels that the Commission into its rules specifications, on which comment. Public and agency comments adopted. Commission rules require that the industries are still working, for the are due December 26, 2000. Comments any digital consumer electronics TV Digital Cable Ready 3 receiver. should address: (a) whether the new or receiving device that does not provide Additionally, the R&O requires the modified collection of information is one or more of the feature sets described cable and consumer electronics necessary for the proper performance of in the labels may not be marketed as industries to report at intervals to the the functions of the Commission, ‘‘cable ready’’ or ‘‘cable compatible’’ Commission on progress in including whether the information shall and that digital consumer electronics implementing earlier agreements on have practical utility; (b) the accuracy of TV receiving devices that do provide technical standards for direct the Commission’s burden estimates; (c) one or more of these feature sets must connection of digital television receivers ways to enhance the quality, utility, and be labeled as such. Because the new to digital cable systems and on clarity of the information collected; and labeling requirements fall on consumer providing tuning and program (d) ways to minimize the burden of the electronics equipment, the new rules are scheduling information (Program and collection of information on the found in part 15 of 47 CFR (‘‘Radio Scheduling Information Protocol or respondents, including the use of Frequency Devices’’) rather than part 76 ‘‘PSIP’’ information) to support the automated collection techniques or (‘‘Multichannel Video and Cable navigation function of DTV receivers. other forms of information technology. Television Service’’). The first report is due November 30, OMB Control Number: 3060–XXXX.
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Title: Compatibility Between Cable substantial number of small entities.’’ 2 of the product being offered for sale. Systems and Consumer Electronics The Notice of Proposed Rulemaking Hence, manufacturers actually have Equipment. (NPRM) 3 in this proceeding proposed commercial incentives to label their Form No.: Not Applicable. rules to resolve outstanding products clearly. (Concomitantly, Type of Review: New Collection. compatibility issues between cable consumers also benefit from the Respondents: Business or other for television systems and consumer information in product labels.) For these profit. electronics equipment, in particular, reasons, and for reasons we discuss Number of Respondents: 102. requirements for labeling digital additionally below, we certify, pursuant Estimated Time Per Response: 10–80 television (DTV) receivers to describe to the RFA, that the labeling hours. their capabilities to operate with digital requirements adopted in the present Total Annual Burden: Varies by year cable television systems, and questions Report and Order will not have a and information collection (for progress regarding licensing terms for copy significant economic impact on a reports, burden is 160 hours in 2000 and protection technology. Out of an substantial number of small entities. 320 hours per year in 2001 and 2002; for abundance of caution, the Commission The Report and Order directs the labeling, burden is 1,400 hours in 2001 published an Initial Regulatory National Cable Television Association and 1,000 hours/year in each later year). Flexibility Analysis (IRFA) in the and the Consumer Electronics Cost to Respondents: Progress reports NPRM, even though the Commission Association to file reports with the total cost is $12,000 in 2000 and was reasonably confident that any Commission on November 30, 2000, $24,000/year in each of 2001 and 2002. economic effect on small entities would April 30, 2001, October 31, 2001, April Labeling total cost is $28,000 in 2001 be minimal. The IRFA sought written 30, 2002, and October 31, 2002 detailing and $25,000/year in future years. public comment on the proposed rules the progress of their efforts to develop Needs and Uses: The labeling and our tentative conclusions in the standards for a bidirectional direct requirements will ensure that IRFA. We received one written connection DTV receiver and their consumers understand the capability of comment in response to the IRFA, from progress in implementing their February the U.S. Small Business Administration 2000 agreements on technical digital television equipment to operate 4 with cable television systems. This will (SBA). requirements for direct connection of As noted, the NPRM in this not only aid consumers in making digital television receivers to digital proceeding raised two issues—labeling informed purchasing decisions with cable systems and on provision of of digital television receivers and copy respect to DTV equipment but also tuning and program scheduling protection technology licensing terms. promote the overall transition from information to support the navigation The second issue has now been moved analog to digital television. The progress functions of DTV receivers. Because the to another proceeding and resolved requirements apply only to these two reports will allow the Commission to therein via a declaratory ruling.5 The monitor industry development of trade associations, which together do present Report and Order addresses not constitute a substantial number of specifications for the Digital Cable only the labeling of ‘‘consumer Ready 3 receiver, as well as tracking entities, we certify, pursuant to the RFA, electronics TV receiving devices, that the reporting requirements will not industry progress in implementing including TV receivers, videocassette earlier agreements on technical have a significant impact on a recorders, and similar devices, that substantial number of small entities. standards for direct connection of include digital video signal processing digital television receivers to digital capability and incorporate features On the labeling issue as described in cable systems and on providing tuning intended to be used with digital cable the IRFA, the SBA stated, ‘‘The and program scheduling information television service.’’ The impact of the Commission * * * asserts that its (Program and Scheduling Information rules adopted is thus on manufacturers labeling rules would have a minimal Protocol or ‘‘PSIP’’ information) to of consumer electronics TV receiving impact, because labeling would be support the navigation function of DTV devices. The rules do not mandate any standardized, costs would be spread receivers. Through oversight and particular design or set of features for over sufficient quantities of goods as to identification of outstanding areas of this equipment. They merely require be insubstantial, and manufacturers disagreement, the Commission will be manufacturers to attach specified labels could pass costs on to their subscribers. able to encourage the industries to reach to receiving devices that provide certain But this ignores the differences in agreement on and put into effect sets of features. Of course, output or customer base that may exist specifications for DTV products that manufacturers of consumer electronics between a small company and a large will offer major benefits to American TV receiving devices already package company. A business with less output consumers. and label their products with various or fewer customers might find its per unit costs are higher. The Commission Final Regulatory Flexibility descriptive captions. Moreover, we should explore any such potential cost Certification believe that manufacturers generally find it in their interest to ensure that discrepancies based on business size, The Regulatory Flexibility Act (RFA) 1 consumers understand the capabilities not simply dismiss them as minimal.’’ requires that an agency prepare a As described in the Report and Order, regulatory flexibility analysis for notice- 2 See 5 U.S.C. 605(b). pursuant to the new rule, manufacturers and-comment rulemaking proceedings, 3 Notice of Proposed Rulemaking, Compatibility must label the pertinent products with unless the agency certifies that ‘‘the rule Between Cable Systems and Consumer Electronics labels that meet the requirements of will not, if promulgated, have a Equipment, PP Docket No. 00–67, FCC 00–137; see also 65 F.R. 24671 (April 27, 2000). § 2.925 of the Commission’s rules, 47 significant economic impact on a 4 Comment by the Office of Advocacy, SBA, dated CFR 2.925. Manufacturers of May 24, 2000. transceivers must already label their 1 The RFA, see 5 U.S.C. 601 et seq., has been 5 See Further Notice of Proposed Rulemaking, equipment to demonstrate compliance amended by the Contract With America Memorandum Opinion & Order, and Declaratory with the Commission’s equipment Advancement Act of 1996, Public Law 104–121, Ruling in CS Docket No. 97–80, Implementation of Stat. 847 (1996) (CWAAA). Title II of the CWAAA Section 304 of the Telecommunications Act of authorization rules. Such labels must is the Small Business Regulatory Enforcement 1996—Commercial Availability of Navigation ‘‘be permanently affixed to the Fairness Act of 1996 (SBREFA). Devices, FCC 00–341, adopted Sept. 14, 2000. equipment and * * * be readily visible
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Proposed Rules Federal Register Vol. 65, No. 209
Friday, October 27, 2000
This section of the FEDERAL REGISTER Delivery: Hand deliver comments to association and cross-marketing of contains notices to the public of the proposed the Guard’s Desk, East Lobby Entrance, products. As a result, many savings issuance of rules and regulations. The 1700 G Street, NW., from 9:00 a.m. to associations are subject to decisions that purpose of these notices is to give interested 4:00 p.m. on business days, Attention are made with regard to the best persons an opportunity to participate in the Docket No. 2000–91. interests of the corporate structure, often rule making prior to the adoption of the final Facsimiles: Send facsimile rules. with little consideration of any potential transmissions to FAX Number (202) positive or negative impact on the thrift 906–7755, Attention Docket No. 2000– standing alone. This highlights the need 91; or (202) 906–6956 (if comments are DEPARTMENT OF THE TREASURY for increased supervisory vigilance to over 25 pages). ensure that actions by an affiliate do not Office of Thrift Supervision E-Mail: Send e-mails to ‘‘[email protected]’’, Attention pose a material risk to the safety, soundness, or stability of the subsidiary 12 CFR Part 584 Docket No. 2000–91, and include your name and telephone number. savings association. [Docket No. 2000±91] Public Inspection: Interested persons Actions by the savings and loan RIN 1550±AB29 may inspect comments at the Public holding company, in particular, can Reference Room, 1700 G St. NW., from affect the condition of its subsidiary Savings and Loan Holding Companies 10 a.m. until 4 p.m. on Tuesdays and thrift, especially where the parent Notice of Significant Transactions or Thursdays or obtain comments and/or organization undertakes significant new Activities and OTS Review of Capital an index of comments by facsimile by activities or has significant debt telephoning the Public Reference Room Adequacy exposure. For example, the practice of at (202) 906–5900 from 9 a.m. until 5 on double leveraging—where holding AGENCY: Office of Thrift Supervision, business days. Comments and the Treasury. related index will also be posted on the company debt is used to increase the capital of the subsidiary thrift—can ACTION: Notice of proposed rulemaking. OTS Internet Site at ‘‘www.ots.treas.gov’’. generate the need for additional SUMMARY: The Office of Thrift regulatory oversight at the savings and FOR FURTHER INFORMATION CONTACT: Supervision (OTS) is proposing to loan holding company level, especially Kevin O’Connell, Senior Project when consolidated capital levels are require certain savings and loan holding Manager, (202) 906–5693, Supervision low. In addition, a holding company companies to notify OTS before Policy; and Valerie J. Lithotomos, engaging in or committing to engage in Counsel (Banking and Finance), (202) that makes risky investments that a limited set of debt transactions, 906–6439, Regulations and Legislation generate less than anticipated returns or transactions that reduce capital, some Division, and Richard L. Little, Senior result in losses can exert undue pressure asset acquisitions, and other Counsel, (202) 906–6447, Business on the thrift to meet the demands of its transactions. The proposal would Transactions Division, Chief Counsel’s other obligations. Similarly, a holding generally exclude holding companies Office, Office of Thrift Supervision, company that grows too fast may not whose subsidiary savings associations’ 1700 G Street NW., Washington, DC have sufficient capital to support its assets represent a small percent of 20552. operations and may, therefore, incur consolidated assets and holding SUPPLEMENTARY INFORMATION: The excessive debt or look to the thrift to companies that would have fund its operations. consolidated tangible capital of ten financial stability and health of a percent or greater following the savings and loan holding company can To address these issues, OTS is transaction. have a direct impact on the financial proposing to require certain holding OTS also seeks comment on its condition of its subsidiary thrift. companies to notify OTS before proposal to codify its current practices Savings and loan holding companies are engaging in certain described debt for reviewing the capital adequacy of frequently managed on a consolidated transactions, transactions that reduce savings and loan holding companies basis with their subsidiaries. Indeed, the capital, some asset acquisitions, and and, when necessary, requiring benefits from such integration are key other transactions determined by OTS additional capital on a case-by-case incentives for establishing holding on a case-by-case basis. This proposal is basis. This notice identifies certain key companies. However, because of such described in Section I. of this notice of factors that OTS uses to evaluate the integrated operations, problems in one proposed rulemaking (NPRM). OTS is need for additional holding company entity in the corporate structure may also considering whether to codify its capital. affect other affiliated entities, including current practice for reviewing the the thrift. DATES: Comments must be received on Increasingly, savings associations are capital adequacy of savings and loan or before December 26, 2000. becoming parts of highly integrated holding companies and, when ADDRESSES: corporate structures. Instead of being necessary, requiring additional capital Mail: Send comments to Manager, held as passive investments, thrifts are on a case-by-case basis. OTS seeks Dissemination Branch, Information acquired as a key component of an comment on the factors it considers in Management and Services Division, overall strategy for providing determining the appropriate capital Office of Thrift Supervision, 1700 G comprehensive services. These level. The capital considerations are Street, NW., Washington, DC 20552, affiliations often involve outsourcing of described in Section II. of this NPRM. Attention Docket No. 2000–91. critical functions of the savings
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I. Notice of Significant Transactions or in order to ensure the safety and savings and loan holding company is Activities soundness of subsidiary thrifts. about to engage in an activity that could OTS bases this rulemaking on its have a material negative effect on the Currently, OTS does not analyze extensive statutory authority over subsidiary savings association. While it proposed major transactions by holding savings and loan holding companies is often a relatively simple matter to companies before the transactions under section 10 of the Home Owners’ identify problem holding companies occur, other than in connection with Loan Act (HOLA). OTS, for example, is and holding companies that control reviewing applications for a limited authorized to issue such regulations or troubled thrifts, it is far more difficult to group of transactions.1 Moreover, there orders as are ‘‘necessary and predict which holding companies may are few regulatory and statutory appropriate’’ to administer and carry out engage in transactions that could raise restrictions designed to reduce the risks section 10 of the HOLA,5 and also has supervisory concerns for their posed to thrifts by such proposed general statutory authority to prescribe subsidiary thrifts. To ensure that the transactions, other than capital regulations necessary for carrying out all regulation is properly focused, OTS will distribution and various restrictions 2 on provisions of the HOLA.6 exempt two classes of holding transactions with affiliates.3 Accordingly, OTS is proposing to companies because their activities are On several occasions, OTS has require that certain savings and loan unlikely to materially affect the learned during an examination or holding companies notify OTS before subsidiary thrift. Similarly, OTS will through the news or other media that a engaging in several types of only require notices for those activities holding company has engaged in or has transactions, as more fully described and transactions that are significant in committed to engage in major below in the section-by-section nature and reasonably present a transactions or activities that may have summary. OTS seeks comment on all potential for an adverse impact on the a substantial negative effect on the aspects of the proposal. OTS is thrift institution. These activities and subsidiary thrift. By that point, particularly interested in whether the transactions are described below in however, OTS’s ability to require the proposed notice procedure is the best proposed § 584.120. holding company to reverse or modify way for OTS to obtain timely The proposed rule would require the transaction to protect the safety and information regarding significant savings and loan holding companies soundness of the thrift may be limited. transactions and activities, while whose proposed transactions meet the imposing the least possible regulatory standards in proposed § 584.120, to file To adequately monitor these types of burden. a notice, with two exceptions. First, transactions and to ensure that thrifts OTS would not require a holding Section-by-Section Analysis are adequately protected, OTS proposes company to file a notice if all of its to review significant holding company Proposed Section 584.100—What Does subsidiary thrifts have consolidated transactions and activities of certain This Subpart Do? assets that, when aggregated, represent holding companies before they occur in The proposed rule would add a new less than 20 percent of the holding order to ensure that these transactions company’s consolidated assets. This and activities do not pose a material risk subpart B, entitled Notice of Significant Activities or Transactions, to part 584. percentage indicates that all of the to the financial safety, soundness, or subsidiary thrifts constitute a small stability of the subsidiary savings Proposed § 584.100 states that subpart B requires certain savings and loan share of the holding company’s overall association. OTS notes that the Federal business. In these structures, the Reserve Board (FRB) does not have a holding companies to notify OTS before engaging in or committing to engage in regulated thrifts are not the primary line similar review procedure. However, of business of the consolidated parent FRB requires bank holding companies to certain significant activities or transactions. Proposed § 584.100 also organization and, therefore, are less comply with detailed and static capital likely to be affected by the transactions adequacy requirements 4 which sets out the definitions that apply to the new subpart.7 covered by the proposal. OTS generally makes a similar review specifically requests comment on process unnecessary. Rather than Proposed Section 584.110—Must I File a whether this percentage is appropriate. impose an across-the-board capital Notice? OTS also asks whether it should rely on requirement, OTS is proposing this The purpose of the proposed rule is other existing regulatory definitions, review process for a limited group of to ensure that OTS has adequate notice such as the definition of diversified savings and loan holding companies and an opportunity to object when a savings and loan holding company,8 to engaging in a limited group of activities describe situations where the thrift is 5 See e.g., 12 U.S.C. 1467a(g). not the primary line of business of the 1 For example, when a company files an 6 12 U.S.C. 1462a. See also 12 U.S.C. 1463(a)(2) parent holding company. application to acquire an existing thrift or to charter and 12 U.S.C. 1464(a). OTS notes that sections Second, a holding company would a de novo thrift, OTS reviews the proposed business 10(g)(5) and 10 (p) of the HOLA expressly permit not be required to file a notice if it has plan to ensure that the activities of the holding OTS to restrict the ability of savings and loan company (and its affiliates) will not have a negative holding companies to continue to conduct certain a significant capital cushion. Where a impact on the subsidiary thrift. OTS has required activities. 12 U.S.C. 1467a(g)(5) and (p). In this holding company has a significant some holding companies, as a condition to the regard, the focus of the proposed rule and sections capital base, it is less likely that its approval of the application, to notify the agency 10(g)(5) and 10 (p) are entirely different. The transactions will present a significant before the holding company causes the subsidiary proposed notice is primarily preventive. It is thrift to make any material changes in the designed to permit OTS to review proposed risk to the subsidiary thrift. OTS subsidiary thrift’s business plan. Conversely, activities and to prevent a savings and loan holding however, when a holding company purchases a company (or its affiliate) from undertaking new, 8 A diversified savings and loan holding company subsidiary, even if that entity is large, highly risky activities. On the other hand, sections 10(g) is ‘‘any savings and loan holding company whose leveraged and engaging in high-risk activities, no and (p) are remedial. These statutes are designed to subsidiary savings association and related activities notice is required under current regulation. allow OTS to require corrective action when under 12 U.S.C. 1467a(c)(2) represent on either an 2 See 12 U.S.C. 1831o(d)(1)(B); 12 CFR part 563, established, ongoing activities threaten the safety actual or pro forma basis, less than 50 percent of subpart E. See also 12 U.S.C. 1467a(f). and soundness of a subsidiary thrift. its consolidated net worth at the close of its 3 See 12 U.S.C. 1468; 12 U.S.C. 371c and 371c– 7 As a result of its placement in part 584, all of preceding fiscal year and of its consolidated net 1; 12 CFR 563.41 and 563.42. the definitions in 12 CFR part 583 (‘‘e.g., earnings for such fiscal year.’’ 12 CFR 583.11 and 4 See 12 CFR part 225, Appendix A. subsidiary’’) would also apply to the new subpart. 12 U.S.C. 1467a(a)(1)(F).
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In another situation, the holding As noted above, OTS has extensive the holding company stress tested its company engaged in the practice of regulatory authority under the HOLA to projections? double leveraging to facilitate the regulate savings and loan holding Overall Risk Profile subsidiary thrift’s purchase of companies. This authority includes its additional branches. The holding powers under section 10(g)(1) 14 to issue • How significant is the thrift in the company sought to fund the branch such regulations necessary or holding company’s corporate structure? acquisitions, in part, by issuing a appropriate to ensure compliance with What risks do the holding company’s substantial amount of new debt. As a and prevent evasions of section 10,15 activities and assets present? What result of the transaction, the holding and its general rulemaking authority significant risk does the thrift face? Has company’s capital significantly reduced under the HOLA.16 the holding company influenced the both on a relative basis, due to the While the factors OTS may consider thrift to engage in riskier activities? growth in assets, and on a tangible level, in its review of capital will vary from Does the holding company have off- since the branch purchase resulted in case-to-case, the following factors are balance sheet contracts or activities that goodwill. The sharply reduced level of relevant, but not all-inclusive, in result in a high degree of risk exposure? tangible capital raised concerns about determining whether capital is adequate What level of inter-company the holding company’s ability to service and if additional capital is necessary for transactions do the holding company and other affiliates have with the thrift? the debt without making undue a savings and loan holding company: demands on the thrift. In this instance, What is the quality of management and however, OTS was able to address these Debt risk management systems? Is the overall financial condition of the holding concerns by conditioning the approval • What is the ratio of holding company deteriorating, stable, or of the thrift’s purchase on the holding company consolidated debt as a company maintaining an agreed upon improving? percentage of consolidated tangible OTS specifically requests comment on level of capital. capital? Is the level of debt generally OTS would have similar concerns if a whether the listed factors are relevant to rising? What investments or activities OTS’s review of capital adequacy. OTS holding company decided to quickly does the debt fund? Could the terms, expand the scope of its business without also solicits comment on whether other conditions or covenants of the debt have a similar increase in its capital base. For factors would be relevant to OTS’s an adverse effect on the thrift? What is example, a holding company that review. the level of interest expense? Is the doubled in size while maintaining the OTS has not decided whether it will interest expense a significant percentage same amount of capital would reduce its promulgate a final rule addressing of recurring income? What debt ratings capital to assets ratio by 50%. With a holding company capital in connection has the holding company received from smaller capital cushion, the holding with this rulemaking or whether it will nationally recognized credit rating company would have less flexibility to use the comments provided as the basis organizations? react to unexpected, adverse market for a future proposal. However, as part conditions. A smaller capital cushion Capital of today’s proposal, it is OTS’s intent to describe its current approach to holding would also limit the holding company’s • ability to come to the aid of its How much consolidated tangible company capital, in sufficient detail, to subsidiary thrift, and if the holding capital does the holding company have support a final rule codifying the company itself came under financial as a percentage of consolidated tangible practice. distress, would increase the chances it assets? What are the overall quality and OTS intends to use different would pressure the thrift for financial composition of the holding company’s procedures for requiring additional resources. capital? Does the holding company rely capital, depending on the In the course of its supervisory on hybrid instruments that possess debt circumstances. For example, in the monitoring and examination of savings characteristics? Does the holding application process, OTS may condition and loan holding companies, OTS company have the ability to raise new the approval of an application on a currently reviews the financial equity capital or generate capital holding company maintaining a certain condition, including the capital internally? capital level. In other instances, OTS adequacy, of holding companies. In Cash Flow and Earnings would notify a savings and loan holding cases like those discussed above, OTS company of a determination that may require the holding company to • Does the holding company have additional capital may be appropriate. maintain a specified level of capital. sufficient cash flow? To what extent The notice would include such This gives OTS an additional tool to does the holding company rely on information as the amount of capital safeguard thrifts without unduly dividends from the thrift to service the needed, a proposed schedule for restricting the business objectives of holding company’s debt or fulfill other compliance, and the specific reasons holding companies. holding company obligations? What why OTS believes that additional OTS is considering whether it should sources of liquidity, other than the capital is necessary or appropriate. OTS adopt a rule codifying its current thrift, does the holding company have? would also provide the savings and loan practice for reviewing capital adequacy, What are the quality and quantity of holding company with an opportunity on a case-by-case basis, and, when such sources? to respond and to provide additional necessary, requiring additional capital • What are the quality and level of information for OTS to consider in for savings and loan holding companies. the holding company’s earnings? Does establishing the capital standard. OTS Such a rule would also clarify the the holding company rely on non- requests specific comment on whether factors that OTS uses in reviewing a recurring sources of earnings? How does these procedures would be appropriate. holding company’s capital adequacy, the volatility of earnings affect pro would promote a better understanding forma business plan projections? Has III. Request for Comments of OTS’s supervisory approach, and In addition to the specific request for would help to ensure that capital 14 12 U.S.C. 1467a(g)(1). comment in the preamble, OTS invites principles are consistently applied in 15 12 U.S.C. 1467a. comment on all aspects of the Notice of the holding company context. 16 12 U.S.C. 1462a(b), 1463(a) and 1464. Proposed Rulemaking.
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IV. Plain Language Requirement A. Small Entities to Which the Proposed depository credit intermediation (less Rule Would Apply than $100 million in assets). An Section 722 of the Gramm-Leach- additional 13.8 percent of savings and 1. Background. Bliley (GLB) Act (12 U.S.C. 4809) loan holding companies are engaged in requires federal banking agencies to use The proposed rule would apply to financial management activities ‘‘plain language’’ in all proposed and savings and loan holding companies (insurance, brokerage, or real estate final rules published after January 1, and subsidiaries of savings and loan development). The prevailing SBA size 2000. We invite your comments on how holding companies (other than savings standard for these companies is less to make this proposed rule easier to association subsidiaries). A savings and than $5 million in annual receipts.22 understand. For example: loan holding company would be The remaining holding companies (1) Have we organized the material to required to file a notice before it or its engage in a variety of diverse suit your needs? non-thrift subsidiary may engage in commercial activities for which no (2) Are the requirements in the rule specified activities. While a subsidiary consistent size standard is evident. clearly stated? of a savings and loan holding company Accordingly, OTS has analyzed its would not be required to file a notice, (3) Does the rule contain technical available data by applying two size OTS could, by disapproving a notice, language or jargon that isn’t clear? standards—the $5 million in annual prevent the subsidiary from engaging in receipts and the $100 million in assets (4) Would a different format (grouping 18 certain proposed actions. size standards.23 and order of sections, use of headings, The proposed rule would apply to paragraphing) make the rule easier to savings and loan holding companies 2. Analysis understand? and their subsidiaries, regardless of size. Based on March 31, 2000 data, OTS (5) Would more (but shorter) sections The rule, however, includes a calculates that there are approximately be better? significant exemption that would 959 savings and loan holding (6) What else could we do to make the substantially limit its application to companies. The 959 holding companies rule easier to understand? small businesses. This exception is are aligned in approximately 531 discussed below. holding company structures for the V. Executive Order 12866 OTS analysis of savings and loan purposes of this analysis. A thrift may The Director of OTS has determined holding companies and their non-thrift be directly or indirectly controlled by that this proposed rule does not subsidiaries is complicated by the fact more than one holding company. A constitute a ‘‘significant regulatory that these entities may engage in a wide holding company structure, as used in action’’ for the purposes of Executive range of activities. The Small Business this preamble, includes all holding Order 12866. OTS intends to exempt a Administration (SBA) applies different companies within the same family of substantial percentage of savings and size standards for various industries in companies. order to determine whether a particular loan holding companies from the notice As of March 31, 2000, OTS estimates business is small.19 OTS has reviewed requirement and would require a notice that approximately 16.6 percent or 88 of the activities of its holding companies to for a limited number of transactions. the 531 OTS regulated holding company determine if there is a prevailing Nevertheless, OTS acknowledges that structures were small under the asset- standard that it may apply in this the rule would impose costs on savings based definition (i.e., these holding rulemaking. and loan holding companies that are company structures hold assets of less Based on data for publicly traded than $100 million.) About 150 of the required to file a notice requirement. holding companies,20 OTS estimates Therefore, OTS invites the thrift thrift holding company structures (28.2 that the primary asset of approximately percent) are small businesses using the industry to provide any cost estimates 78.2 percent of all holding companies is and related data that it thinks would be revenue-based definition. the thrift. These holding companies As noted above, OTS has proposed an useful to OTS in evaluating the overall would likely fall within one of two SBA costs of the rule. exemption that would substantially size standards: (1) The size standard for limit the rule’s application to small VI. Regulatory Flexibility Act Analysis offices of bank holding companies and businesses. Under the proposed rule, offices of other holding companies OTS would exempt a holding company The Regulatory Flexibility Act of (annual receipts of less than $5 from the notice requirement if it will 1980 17 requires federal agencies to 21 million); or (2) The size standard for have consolidated tangible capital of 10 prepare an initial regulatory flexibility percent or greater after the proposed analysis (IRFA) with a proposed rule, or 18 OTS is also considering issuing a final rule for transaction. OTS estimates that this certify that the proposed rule would not reviewing the capital adequacy of savings and loan proposed exemption would exempt 81.3 have a significant economic impact on holding companies and, when necessary, requiring a substantial number of small entities. additional capital. Since these requirements will be imposed on a case-by-case basis and since this rule and manage other establishments of the company or OTS cannot, at this time, determine would merely codify current practices, OTS does enterprise whose securities they hold. Entities that whether this proposed rule would have not anticipate that this aspect of the rule will have hold the securities of a depository institution and a significant economic impact on a a significant impact on a substantial number of operate the entity are classified at NAICS Industry substantial number of small entities. small entities. Group 5221, Depository Credit Intermediation. 65 19 See 65 FR 30836 (May 15, 2000), to be codified FR at 30856. These businesses are subject to a $100 Therefore, OTS includes the following at 13 CFR 121.201. million in assets limitation. IRFA. 20 OTS used financial data for 404 publicly traded 22 NAICS Subsector 523—Financial Investments A description of the reasons why OTS thrift holding companies as a statistical sample for and Related Activities and Subsector 524— revenue, assets, and capital for all thrift holding Insurance Carriers and Related Activities. 65 FR at is considering the proposed rule, a companies. 30856. The size standard for direct property and statement of the objectives of the 21 65 FR at 30858 (NAICS Codes 551111 and casualty insurance carriers, however, is based on proposal, and the legal basis for the 551112). Entities that fall within this category are the number of employees. proposed rule are contained in the primarily engaged in holding the securities (or other 23 OTS has established these definitions of small supplementary material above. equity interests) of companies and enterprises for savings and loan holding companies for the sole the purpose of owning a controlling interest or purpose of this Regulatory Flexibility Act Analysis, influencing the management decisions of these after consultation with the Small Business 17 5 U.S.C. 601. firms. These companies do not administer, oversee, Administration’s Office of Advocacy.
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Percent of Percent Asset size Number total No. exempt exempt
Less than $100mm ...... 88 16.6 72 81.3 $100mm±$250mm ...... 142 26.8 90 63.3 $250mm±$500mm ...... 114 21.4 45 39.8 $500mm±$2b ...... 127 23.9 39 30.5 Greater than $2b ...... 60 11.3 12 20.0
Total ...... 531 100.0 258 48.6
Percent of Percent 1999 revenue Number total No. exempt exempt
Under $5mm ...... 150 28.2 106 70.5 $5mm±$10mm ...... 138 25.9 63 45.6 $10mm±$50mm ...... 158 29.7 60 38.1 $50mm±$100mm ...... 47 8.8 9 20.0 Greater than $100mm ...... 39 7.4 7 17.2
Total ...... 531 100.0 244 48.6
OTS does not know how many non- that holding companies may incur to of proposed transactions or activities for thrift subsidiaries are held by small prepare and submit notices. In addition up to twelve months, and permitting thrift holding companies, how to these expenses, when OTS objects to consolidated filings with related frequently small thrift holding a proposed transaction or activity, there applications. companies and their subsidiaries will may be the additional expenses • Minimize regulatory burden by engage in transactions subject to the associated with seeking reconsideration providing an expeditious review period. proposed rule, or how often OTS will of the OTS determination and with Generally, the period is 30 days. object to a proposed transaction because abandoning and not pursuing a • the activity will pose a material risk to proposed transaction. Permit OTS to disapprove a the financial safety, soundness, or To minimize the potential burdens of transaction only under limited stability of a subsidiary savings the proposed notice requirement, this circumstances. Specifically, OTS may association. Accordingly, OTS proposed rule would: object only if it finds that the proposed specifically seeks comments on these • Exempt certain holding companies transaction or activity would pose a and any other issues. whose activities do not present a material risk to the financial safety, significant risk to a subsidiary thrift. soundness, or stability of the thrift. B. Requirements of the Proposed Rule Under the proposed rule, a notice is not OTS does not have a practicable or As described more fully in the required where the parent holding reliable basis for quantifying the costs of supplementary information section, the company would have a substantial this proposed rule. While OTS does not proposed rule would require savings capital cushion. believe that the rule would be and loan holding companies to notify • Apply only to certain types of burdensome, OTS cannot predict the OTS before they (or their subsidiaries, transactions that meet specific criteria economic impact on savings and loan other than savings association established to identify those holding companies (or their subsidiaries subsidiaries) engage in certain types of transactions that may pose a possible that are non-thrift subsidiaries) of the activities. OTS may object to the threat to the safety, soundness, or proposed rule. Rather than merely guess proposed transaction if certain stability of the thrift. at the regulatory burden of the proposed prerequisites are met. • Minimize the filing burden by rule, OTS solicits comment on potential The primary economic impact of this prescribing the content of the notice, burdens and on ways to minimize the proposed rule is the additional expenses permitting notices to include schedules burdens.
24 The tangible capital exception would exempt a represent less than 20 percent of the consolidated listed in the tables are the actual percentages much smaller percentage of large holding assets. However, OTS estimates that this exemption derived from this sample. The number of exempt companies from the notice requirement. For should not significantly reduce the number of small holding companies was derived by multiplying example, only 20 percent of the thrift holding holding companies that are subject to this rule. As these percentages by the 531 thrift holding companies holding over $2 billion in assets would noted above, OTS estimates that the primary asset company structures. The numbers in the ‘‘Number be exempt under the proposed tangible capital of approximately 78.2 percent of all holding criteria. Similarly, 17.2 percent of thrift holding companies is the thrift itself. Exempt’’ column were rounded to the nearest companies with revenues of $100 million or more 25 As noted above, OTS used a statistical sample whole number. would be exempt under this exception. of publicly traded thrift holding companies to There is a second exception for savings and loan obtain information for all thrift holding companies. holding companies whose subsidiary thrifts The percentages of exempt holding companies
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C. Significant Alternatives holding companies. These include, but rule will not result in expenditures by Consistent with the purposes of this are not limited to, the following state, local, or tribal governments or by questions: the private sector of $100 million or rulemaking, OTS has exercised its • discretion to minimize the burden of Should OTS consider a different more. Accordingly, this rulemaking is this proposed rule on small entities. threshold to describe situations where a not subject to section 202 of the Although OTS could exempt small thrift is not the primary line of business Unfunded Mandates Act and the OTS savings and loan holding companies of the parent holding company? has not prepared a budgetary impact • Should OTS exempt holding from the notice requirement, OTS does statement or specifically addressed the companies that control savings not believe that this action is regulatory alternatives considered. associations with limited operations appropriate. The purpose of the notice (e.g., a subsidiary thrift that conducts VIII. Paperwork Reduction Act is to ensure that holding companies and only fiduciary operations)? their subsidiaries do not engage in OTS invites comment on: • Should OTS redefine the types of (1) Whether the collection of transactions that could pose a material transactions and activities that are risk to the financial safety, soundness, information contained in this notice of subject to a notice? proposed rulemaking are necessary for or stability of the subsidiary thrift. OTS requests comment on whether There is no rationale for exempting the proper performance of OTS’s these or other alternatives would reduce functions, including whether the thrifts from this regulatory protection the burdens and whether any exceptions merely because they are affiliated with information has practical utility; for small institutions would be (2) The accuracy of the estimate of the small holding companies. appropriate. Also, OTS welcomes OTS, however, has attempted to burden of the proposed information comment on the appropriateness of its collection; ensure that holding companies, approach, and on any other alternatives including small holding companies, are (3) Ways to enhance the quality, that would satisfy the objectives of this utility, and clarity of the information to not unduly burdened by the notice proposal. requirements. Specifically, the proposal be collected; recognizes that transactions involving a D. Other Matters (4) Ways to minimize the burden of holding company with a substantial The proposed rule does not appear to the information collection on capital cushion are less likely to present duplicate or overlap with any other respondents, including the use of a significant risk to the subsidiary thrift. rules or requirements. However, it is automated collection techniques or By exempting savings and loan holding possible that a transaction within the other forms of information technology; companies that will have consolidated scope of this proposed rule may be (5) Estimates of capital or start-up tangible capital of ten percent or greater, related to another transaction for which costs and costs of operation, minutes, OTS excludes 70.5 percent to 81.3 an application or notice is required and purchase of services to provide percent of small thrift holding under another regulation or statute. For information. companies from the coverage of this example, a holding company may Respondents are not required to rule. propose to incur additional debt in respond to this collection of information OTS considered reducing the tangible connection with its acquisition of a new unless it displays a currently valid capital threshold to minimize the branch office for its subsidiary savings Office of Management and Budget impact on small thrift holding association. Under these circumstances, (OMB) control number. companies. Using the asset-based the savings association would be The collection of information definition of small holding company, required to file a related branch notice requirements contained in this notice of OTS data indicates that reducing the or application. To the extent that related proposed rulemaking have been tangible capital threshold to 9 percent notice or applications may exist, the submitted to the OMB in accordance would increase the percentage of proposed rule permits the holding with the Paperwork Reduction Act of exempted small companies from 81.3 company to combine the notice with 1995, 44 U.S.C. 3507. OTS will use any percent to 86.4 percent. Reducing the any related notice or application. comments received to develop its new tangible capital threshold to 8 percent OTS generally seeks comment on any burden estimates. Comments on the would increase the percentage of Federal statutes or rules that may collection of information should be sent exempted small holding companies to duplicate, overlap, or conflict with the to the Dissemination Branch (1550), 87.9 percent. proposal. Office of Thrift Supervision, 1700 G Using the revenue-based definition of Street, NW., Washington DC 20552, small holding company, OTS data VII. Unfunded Mandates Act of 1995 with a copy to the office of Management indicates that reducing the tangible Section 202 of the Unfunded and Budget, Paperwork Reduction capital threshold to 9 percent would Mandates Reform Act of 1995, Pub. L. Project (1550), Washington, DC 20503. increase the percentage of exempt small 104–4 (Unfunded Mandates Act), The collection of information companies from 70.5 percent to 80.4 requires that an agency prepare a requirements in this proposed rule is percent. Reducing the threshold to 8 budgetary impact statement before found in 12 CFR 584.110 through percent would further increase the promulgating a rule that includes a 584.130. OTS requires this information percentage exempted to 88.4 percent. In Federal mandate that may result in for the proper supervision of activities this preamble, OTS specifically seeks expenditure by state, local, and tribal and transactions by savings and loan comment whether a tangible capital governments, in the aggregate, or by the holding companies. The likely threshold of less than 10 percent, private sector, of $100 million or more respondents are savings and loan however, would be sufficient to protect in any one year. If a budgetary impact holding companies. the subsidiary thrift. statement is required, section 205 of the Estimated number of respondents: In addition to this alternative, the Unfunded Mandates Act also requires 190. supplementary material solicits an agency to identify and consider a Estimated average annual burden comment on a number of alternatives reasonable number of regulatory hours per respondent: 5. that could reduce regulatory burden on alternatives before promulgating a rule. Estimated total annual disclosure and holding companies, including small OTS has determined that the proposed recordkeeping burden: 950.
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List of Subjects in 12 CFR Part 584 Subpart BÐNotice of Significant (1) Your subsidiary savings Administrative practice and Transactions or Activities association(s) has consolidated assets that, when aggregated, represent less procedure, Holding companies, § 584.100 What does this subpart do? Reporting and recordkeeping than 20 percent of your consolidated (a) This subpart requires certain requirements, Savings associations, assets; or savings and loan holding companies Securities. (2) You will have consolidated (‘‘you’’) to notify OTS before engaging in tangible capital of 10 percent or greater Accordingly, the Office of Thrift or committing to engage in significant following the transaction. Supervision hereby proposes to amend transactions or activities. (b) Required by Region. You must file part 584, chapter V, title 12, Code of (b)(1) As used in this subpart B: a notice before you engage in or commit Federal Regulations as set forth below: (i) Consolidated non-thrift liabilities to engage in a transaction or activity if means your consolidated liabilities less PART 584ÐREGULATED ACTIVITIES your Regional Director informs you, in the consolidated liabilities of your writing, that OTS has concerns relating 1. The authority citation for part 584 subsidiary savings association(s). to your financial condition, or the safety continues to read as follows: (ii) Consolidated tangible assets and soundness of your subsidiary means your consolidated assets less Authority: 12 U.S.C. 1462, 1462a, 1463, savings association. The Regional 1464, 1467a, 1468. your consolidated intangible assets and Director will identify, in writing, the deferred policy acquisition costs. types of transactions and activities that 2. A heading for a new subpart A is (iii) Consolidated tangible capital will require you to file a notice. These added preceding § 584.1 to read as means your consolidated capital less transactions may include, but are not follows: your consolidated intangible assets and limited to, the transactions and deferred policy acquisition costs. activities described in § 584.120. Subpart AÐRegulated Activities (iv) Subsidiary savings association means the subsidiary savings § 584.120 What transactions or activities 3. A new subpart B is added to read require a notice? as follows: association itself and its consolidated subsidiaries. (a) Unless you are excepted under Subpart BÐNotice of Significant (2) In applying the definitions in this § 584.110(a), you must file a notice Transactions or Activities paragraph (b), you must compute assets, before you engage in or commit to Sec. intangible assets, liabilities, and capital engage in any transaction or activity 584.100 What does this subpart do? consistent with generally accepted described in the following chart. In 584.110 Must I file a notice? accounting principles. determining the thresholds in the chart, 584.120 What transactions or activities you must combine the proposed require a notice? § 584.110 Must I file a notice? transaction with all other transactions 584.130 How do I file my notice? 584.140 On what grounds will OTS (a) General. You must file a notice within the three relevant categories disapprove the proposed activity or before you may engage in or commit to (acquisitions of assets, increases in transaction? engage in transactions described under liabilities, and decreases in capital) 584.150 When may I engage in the § 584.120, unless one or more of the conducted during the prior twelve proposed activity or transaction? following applies: months.
You must file a notice if you or your subsidiary (other than a savings association) will . . . And the proposed transaction will . . .
(1) Issue, renew, or guarantee debt . . . Increase the amount of your consolidated non-thrift liabilities by five percent or more. You are not required to file a notice for debt, how- ever, if your consolidated non-thrift liabilities will be less than 50 per- cent of your consolidated tangible capital after the proposed debt transaction.
(2) Acquire assets (other than cash, cash equivalents, and securities or Exceed an amount equal to fifteen percent of your consolidated assets. other obligations unconditionally guaranteed by the United States Government) . . .
(3) Engage in any transaction . . . Reduce the ratio of your consolidated tangible capital to consolidated tangible assets by ten percent or more. If your consolidated tangible capital is less than zero, you must file a notice unless your Regional Director informs you, in writing, that a notice is not required.
(b) Other transactions or activities. Regional Office at the address listed in its impact on the savings association. You must file a notice if your OTS § 516.1 of this chapter, at least 30 days You must identify the amount of the Regional Director informs you, in before the earlier of engaging in or debt, capital reduction, or asset writing, that a transaction or activity committing to engage in a transaction or acquisition, indicate the intended use of may pose a risk to the financial safety, activity. the funds or reason for capital reduction soundness, or stability of the subsidiary (b) Content. You must include the or asset acquisition and an analysis of savings association and will require a following information in your written the impact on consolidated earnings and notice. notice: consolidated capital, and summarize the (1) The basis for the filing relevant terms of the transaction, § 584.130 How do I file my notice? requirement. including a description of any (a) Regional Office. You must file a (2) A description of the transaction or significant covenants or collateral written notice with the applicable OTS activity, its purpose, and an analysis of requirements.
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(c) Schedules. You may include a DEPARTMENT OF TRANSPORTATION Avenue, SW., Washington, DC 20591; schedule proposing transactions or telephone (202) 267–7140; fax (202) activities over a specified period, not to Federal Aviation Administration 493–4191. exceed 12 months. SUPPLEMENTARY INFORMATION: 14 CFR Part 187 (d) Combining notice. You may Comments Invited combine your notice with related [Docket No. FAA±00±7018; Admt. No. 187± notices or applications. If you submit a 11] Interested persons are invited to participate in this rulemaking by combined filing, you must: RIN 2120±AG17 submitting such written data, views, or (1) State that the related notice or arguments, as they may desire. application is intended to serve as a Fees for FAA Services for Certain Flights; Extension of Comment Period Comments relating to the notice or application under this subpart; environmental, energy, federalism, or and AGENCY: Federal Aviation economic impact that might result from (2) Submit the notice or application in Administration (FAA), DOT. this rulemaking are also invited. a timely manner. ACTION: Interim final rule; Extension of Substantive comments should be comment period. accompanied by cost estimates. § 584.140 On what grounds will OTS Comments must identify the regulatory disapprove or condition the proposed SUMMARY: On June 6, 2000, the FAA docket or notice number and be activity or transaction? published an Interim Final Rule (IFR) submitted in duplicate to the Rules establishing fees for FAA air traffic and The OTS Regional Director will Docket address specified above. related services for certain aircraft that disapprove or condition your notice if All comments received, as well as a transit U.S.-controlled airspace but the proposed transaction or activity will report summarizing each substantive neither take off from, nor land in, the pose a material risk to the financial public contact with FAA personnel on United States and invited comments for this rulemaking, will be filed in the safety, soundness, or stability of your a 120-day period. The IFR went into subsidiary savings association. docket. The docket is available for effect on August 1, 2000, and the public inspection before and after the § 584.150 When may I engage in the comment period was originally comment closing date. proposed activity or transaction? scheduled to close on October 4, 2000. The Administrator will consider all However, on September 29, 2000, the (a) You or your subsidiary may engage comments received on or before the FAA extended the comment period to closing date. Late-filed comments will in the proposed transaction or activity October 27, 2000, to ensure that affected be considered to the extent practicable. 30 days after OTS receives all required entities, mostly foreign, have sufficient The Interim Final Rule, as well as the information, unless OTS informs you, in time to comment on the contents of the Final rule, may be changed in light of writing, of one of the following: docket. Due to recently passed the comments received. (1) OTS disapproves the notice. legislation and the availability of other Commenters wishing the FAA to relevant accounting and economic (2) OTS extends the 30-day review acknowledge receipt of their comments information, the FAA is extending the period for an additional period not to must include a pre-addressed, stamped comment period another 60 days, to postcard on which the following exceed 30 days. You or your subsidiary December 26, 2000. may engage in the proposed transaction statement is made: ‘‘Comments to DATES: or activity when the extended period Comments must be received on Docket No. FAA–00–7018.’’ The or before December 26, 2000. expires, unless OTS informs you, in postcard will be date-stamped and writing, that it disapproves the notice. ADDRESSES: Address your comments to mailed to the commenter. the Docket Management System (DMS), (b) In addition, you or your subsidiary U.S. Department of Transportation, Availability of Interim Final Rule may engage in the proposed transaction Room Plaza Level 401, 400 Seventh You can get an electronic copy using or activity after OTS notifies you, in Street, SW., Washington, DC 20590– the Internet by taking the following writing, that it does not intend to 0001. You must identify the docket steps: disapprove the notice. number ‘‘FAA–00–7018’’ at the (1) Go to the search function of the (c) Notwithstanding paragraphs (a) beginning of your comments, and you Department of Transportation’s and (b) of this section, you may not should submit two copies of your electronic Docket Management System engage in a proposed transaction or comments. (DMS) web page (http://dms.dot.gov/ activity if: You may also submit comments search). through the Internet to http:// (1) Your notice included a schedule of (2) On the search page type in the last dms.dot.gov. You may review the public proposed transactions or activities four digits of the Docket number shown docket containing comments in this under § 584.130(c); and at the beginning of this notice. Click on rulemaking in person in the Dockets ‘‘search.’’ (2) The OTS Regional Director Office between 9 a.m. and 5 p.m., (3) On the next page, which contains determines that there has been a Monday through Friday, except Federal the Docket summary information for the material change of circumstances, and holidays. The Dockets Office is on the Docket you selected, click on the informs you, in writing, that you must plaza level of the NASSIF Building at document number for the item you wish file a new notice under this subpart. the Department of Transportation at the to view. Dated: October 23, 2000. above address. Also, you may review You can also get an electronic copy public dockets on the Internet at http:/ By the Office of Thrift Supervision. using the Internet through FAA’s web /dms.dot.gov. page at http://www.faa.gov/avr/arm/ Ellen Seidman, FOR FURTHER INFORMATION CONTACT: nprm/nprm.htm or the Federal Director. Randall Fiertz, Office of Performance Register’s web page at http:// [FR Doc. 00–27705 Filed 10–26–00; 8:45 am] Management, (APF–2), Federal Aviation www.access.gpo.gov/su_docs/aces/ BILLING CODE 6720±01±P Administration, 800 Independence aces140.html.
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You can also get a copy by submitting ENVIRONMENTAL PROTECTION Bureau of Air Management, Department a request to the Federal Aviation AGENCY of Environmental Protection, State Administration, Office of Rulemaking, Office Building, 79 Elm Street, Hartford, ARM–1, 800 Independence Avenue, 40 CFR Part 52 CT 06106–1630. SW., Washington, DC 20591, or by [CT±25±7223b; A±1±FRL±6891±7] FOR FURTHER INFORMATION CONTACT: calling (202) 267–9680. Make sure to Peter Hagerty, (617) 918–1049. identify the docket number of this Approval and Promulgation of Air SUPPLEMENTARY INFORMATION: For rulemaking. Quality Implementation Plans; additional information, see the direct Connecticut; Enhanced Motor Vehicle final rule which is located in the Rules Extension of Comment Period Inspection and Maintenance Program Section of this Federal Register. On June 6, 2000, the FAA published AGENCY: Environmental Protection Dated: October 19, 2000. Amendment No. 187–11, Fees for FAA Agency (EPA). Mindy S. Lubber, Services for Certain Flights (65 FR ACTION: Proposed rule. Regional Administrator, EPA—New England. 36002). The FAA requested that [FR Doc. 00–27656 Filed 10–26–00; 8:45 am] SUMMARY comments to that document be : The EPA is proposing to BILLING CODE 6560±50±P submitted on or before October 4, 2000. approve a State Implementation Plan On September 29, 2000 the FAA (SIP) revision submitted by the State of extended the comment period to Connecticut pursuant to the Clean Air ENVIRONMENTAL PROTECTION October 27, 2000 (65 FR 59713). This Act. This revision establishes and AGENCY was done in response to the significance requires implementation of an enhanced and international implications of this motor vehicle inspection and 40 CFR Part 52 IFR, as expressed in the comments, and maintenance program. In the Final [MA037±01±7211b; A±1±FRL±6891±8] because the first billing under the rule Rules Section of this Federal Register, EPA is approving the State’s SIP had recently occurred. Approval and Promulgation of Air submittal as a direct final rule without Quality Implementation Plans; On October 18, 2000, the Congress prior proposal because the Agency Massachusetts; New Source Review passed legislation (S. 2412) that directly views this as a noncontroversial Revision affects the issues in this case and which submittal and anticipates no adverse may cause those members of the public comments. A detailed rationale for the AGENCY: Environmental Protection who have previously provided approval is set forth in the direct final Agency (EPA). comments in this rulemaking to provide rule. If no adverse comments are ACTION: Proposed rule. additional comments. This legislation received in response to this action rule, SUMMARY: EPA is proposing to approve has been sent to the President for no further activity is contemplated. If State Implementation Plan (SIP) signature. EPA receives relevant adverse revisions submitted by the Also, in response to the comments, comments, the direct final rule will be withdrawn and all public comments Commonwealth of Massachusetts. These the FAA has had prepared, and will revisions establish and require the soon make available in the docket, received will be addressed in a subsequent final rule based on this implementation of the 1990 Clean Air additional accounting and economic proposed rule. EPA will not institute a Act Amendments (CAAA) requirements information relevant to the development second comment period. Any parties regarding New Source Review (NSR) in of the Overflight fees. interested in commenting on this action areas that have not attained the National The FAA has determined that an should do so at this time. Please note Ambient Air Quality Standards opportunity to comment on the recently that if EPA receives adverse comment (NAAQS). The intended effect of this passed legislation and the additional on an amendment, paragraph, or section action is to approve Massachusetts information is appropriate for of this rule and if that provision may be revisions to 310 CMR 7.00 Appendix A, development of the Final Rule as severed from the remainder of the rule, ‘‘Emission Offsets and Nonattainment required by 49 U.S.C. 45301. Therefore, EPA may adopt as final those provisions Review.’’ In the Final Rules Section of this Federal Register, EPA is approving the FAA is extending the comment of the rule that are not the subject of an the State’s SIP submittal as a direct final period an additional 60 days until adverse comment. rule without prior proposal because the December 26, 2000 to allow for an DATES: Written comments must be Agency views this as a noncontroversial opportunity for the public to comment received on or before November 27, submittal and anticipates no adverse further on this rulemaking. 2000. comments. A detailed rationale for the The FAA determines that extending ADDRESSES: Comments may be mailed to approval is set forth in the direct final the comment period is in the public David Conroy, Unit Manager, Air rule. If no adverse comments are interest and that good cause exists for Quality Planning , Office of Ecosystem received in response to this action, no taking this action. Accordingly, the Protection (mail code CAQ), U.S. further activity is contemplated. If EPA comment period for Amendment No. Environmental Protection Agency, receives adverse comments, the direct 187–11 is extended until December 26, EPA—New England, One Congress final rule will be withdrawn and all 2000. Street, Suite 1100, Boston, MA 02114– public comments received will be 2023. Copies of the State submittal and addressed in a subsequent final rule Issued in Washington, DC, October 23, EPA’s technical support document are based on this proposed rule. EPA will 2000. available for public inspection during not institute a second comment period. Donna McLean, normal business hours, by appointment Any parties interested in commenting Assistant Administrator for Financial at the Office of Ecosystem Protection, on this action should do so at this time. Services. U.S. Environmental Protection Agency, Please note that if EPA receives adverse [FR Doc. 00–27664 Filed 10–26–00; 8:45 am] EPA—New England, One Congress comment on an amendment, paragraph, BILLING CODE 4910±13±M Street, 11th floor, Boston, MA and the or section of this rule and if that
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Regulatory Flexibility Act September 30, 1993, Regulatory Accordingly, 44 CFR part 67 is The Associate Director, Mitigation Planning and Review, 58 FR 51735. proposed to be amended as follows: Directorate, certifies that this proposed Executive Order 12612, Federalism PART 67Ð[AMENDED] rule is exempt from the requirements of This proposed rule involves no the Regulatory Flexibility Act because policies that have federalism 1. The authority citation for part 67 proposed or modified base flood implications under Executive Order continues to read as follows: elevations are required by the Flood 12612, Federalism, dated October 26, Authority: 42 U.S.C. 4001 et seq.; Disaster Protection Act of 1973, 42 1987. U.S.C. 4104, and are required to Reorganization Plan No. 3 of 1978, 3 CFR, establish and maintain community Executive Order 12778, Civil Justice 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, eligibility in the National Flood Reform 3 CFR, 1979 Comp., p. 376. Insurance Program. As a result, a This proposed rule meets the § 67.4 [Amended] regulatory flexibility analysis has not applicable standards of section 2(b)(2) of been prepared. Executive Order 12778. 2. The tables published under the authority of § 67.4 are proposed to be Regulatory Classification List of Subjects in 44 CFR Part 67 amended as follows: This proposed rule is not a significant Administrative practice and regulatory action under the criteria of procedure, Flood insurance, Reporting Section 3(f) of Executive Order 12866 of and recordkeeping requirements.
#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Georgia ...... Atlanta (City), Lullwater Creek...... Approximately 150 feet upstream of None *894 DeKalb County. downstream Lullwater Parkway cross- ing. Approximately 1,100 feet upstream of up- None *911 stream Lullwater Parkway crossing. South Fork Peachtree Approximately 2,145 feet downstream of *828 *830 Creek. Johnson Road. Approximately 1,755 feet upstream of *835 *836 Johnson Road. Maps available for inspection at the City of Atlanta Site Development Office, 55 Trinity Avenue, S.W., Atlanta, Georgia. Send comments to The Honorable William Campbell, Mayor of the City of Atlanta, 55 Trinity Avenue, S.W., Atlanta, Georgia 30335.
Georgia ...... Bloomingdale Tributary 2 ...... At confluence with Pipemakers Canal ...... None *19 (City), Chatham County. At a point just upstream of Southern Rail- None *23 way. Maps available for inspection at the Bloomingdale City Hall, 8 West Highway 80, Bloomingdale, Georgia. Send comments to The Honorable William Strozier, Mayor of the City of Bloomingdale, P.O. Box 216, Bloomingdale, Georgia 31302.
Georgia ...... Chamblee (City), North Fork Peachtree Approximately 575 feet upstream of None *913 Decatur County. Creek Tributary B. Buford Highway. Approximately 950 feet upstream of None *915 Buford Highway. Maps available for inspection at the Chamblee City Hall, 5468 Peachtree Road, Chamblee, Georgia. Send comments to The Honorable Mary Goldenburg, Mayor of the City of Chamblee, 5468 Peachtree Road, Chamblee, Georgia 30341.
Georgia ...... Clarkston (City), South Fork Peachtree Approximately 225 feet of Interstate *940 *941 DeKalb County. Creek. Route 285. Approximately 50 feet upstream of the *959 *962 upstream corporate limits. Maps available for inspection at the Clarkston City Hall, 3921 Church Street, Clarkston, Georgia. Send comments to The Honorable George Baldesare, Mayor of the City of Clarkston, 3921 Church Street, Clarkston, Georgia 30021.
Georgia ...... Decatur (City), Peavine Creek...... Approximately 70 feet downstream of *935 *933 DeKalb County. Peavine Creek Tributary. Approximately 30 feet downstream of *935 *934 Peavine Creek Tributary. Maps available for inspection at the City of Decatur Engineering Department, 2635 Talley Street, Decatur, Georgia. Send comments to The Honorable Bill Floyd, Mayor of the City of Decatur, P.O. Box 220, Decatur, Georgia 30031.
Georgia ...... DeKalb County North Fork Peachtree Approximately 150 feet downstream of None *875 (Unincorporated Creek Tributary D±2. Briarcliff Road. Areas). Approximately 500 feet upstream of None *966 Aspen Drive.
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
North Fork Peachtree At confluence with North Fork Peachtree *859 *861 Creek Tributary B. Creek. Approximately 575 feet upstream of None *913 Buford Highway. North Fork Peachtree At confluence with North Fork Peachtree *910 *914 Creek Tributary C. Creek. Approximately 2,480 feet upstream of None *982 Lynnray Drive. South Fork Peachtree At confluence with South Fork Peachtree *902 *905 Creek Tributary C. Creek. Approximately 300 feet upstream of North None *966 Arcadia Avenue. South Fork Peachtree At confluence with South Fork Peachtree *991 *988 Creek Tributary B. Creek. Approximately 800 feet upstream of Pine None *1,071 Valley Road. North Fork Peachtree At confluence with North Fork Peachtree None *864 Creek Tributary D±1. Creek. Approximately 900 feet upstream of None *988 Greenoaks Circle. North Fork Peachtree At confluence with North Fork Peachtree *851 *849 Creek Tributary A. Creek. Upstream side of Eighth Street ...... *928 *926 North Fork Peachtree At downstream county boundary ...... *821 *820 Creek. Approximately 0.7 mile upstream of *927 *924 Pleasantdale Road. South Fork Peachtree At county boundary ...... *826 *828 Creek. Approximately 3,300 feet upstream of None *1,063 Elmdale Drive. North Fork Peachtree At confluence with North Fork Peachtree None *918 Creek Tributary D±3. Creek Tributary D±1. Approximately 0.1 mile upstream of None *968 Greenbrook Way. Peavine Creek ...... At confluence with South Fork Peachtree *837 *840 Creek. At Scott Boulevard ...... None *952 Peachtree Branch ...... At confluence with North Fork Peachtree *885 *887 Creek. Approximately 1.5 mile upstream of Inter- None *966 state Route 285. At confluence with South Fork Peachtree *976 *978 Creek. South Fork Peachtree Approximately 2,250 feet upstream of None *1,040 Creek Tributary A. Woburn Drive. Perimeter Creek ...... At confluence with Nancy Creek ...... *867 *870 Approximately 90 feet downstream of Ar- None *1,058 lington Drive. Nancy Creek ...... At county boundary ...... *855 *853 Approximately 25 feet downstream of *984 *983 Laurelway Road. Lullwater Creek ...... At confluence with Peavine Creek ...... *864 *869 Approximately 150 feet upstream of *890 *894 downstream Lullwater Parkway. Henderson Mill Creek ...... At confluence with Peachtree Creek ...... *888 *890 Approximately 0.77 mile upstream of None *1,006 Interstate Route 285. North Fork Nancy Creek .. At confluence with Nancy Creek ...... *874 *876 Approximately 525 feet upstream of con- *875 *876 fluence with Nancy Creek. Panthers Branch ...... A point approximately 815 feet upstream *787 *786 of Rock Springs Road. A point approximately 1,200 feet up- *809 *808 stream of Thompson Mill Road. Fowler Branch ...... At confluence with Cobbs Creek ...... *801 *804 Approximately 0.4 mile upstream of con- *803 *804 fluence with Cobbs Creek. Nancy Creek Tributary A .. At confluence with Nancy Creek ...... *929 *931 Nancy Creek Tributary B .. Downstream side of Peachford Road ...... *930 *931
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Approximately 1,225 feet upstream of *928 *929 confluence with Nancy Creek. Honey Creek ...... Approximately 1,175 feet downstream of None *767 Honey Creek Tributary A. Approximately 775 feet downstream of None *768 Honey Creek Tributary A. North Fork Peachtree Approximately 1,600 feet downstream of None *943 Creek Tributary No. 2. English Oak Drive. Approximately 375 feet downstream of None *953 English Oak Drive. South Fork Peachtree Approximately 225 feet downstream of None *902 Creek Tributary. North Decatur Road. Approximately 50 feet upstream of Land- None *908 over Drive. Maps available for inspection at the DeKalb County Roads and Drainage Department, 4305 Memorial Drive, Decatur, Georgia. Send comments to Ms. Liane Levetan, Chief Executive Officer, 1300 Commerce Drive, Decatur, Georgia 30030.
Georgia ...... Doraville (City), Nancy Creek ...... At Tilly Mill Road ...... *957 *953 DeKalb County. Approximately 1,450 feet upstream of *961 *958 Tilly Mill Road. Maps available for inspection at the Doraville City Hall, 3725 Park Avenue, Doraville, Georgia. Send comments to The Honorable Gene Lively, Mayor of the City of Doraville, 3725 Park Avenue, Doraville, Georgia 30340.
Illinois ...... Phoenix (Village), Little Calumet River ...... At intersection of 9th Avenue and 153rd None *597 Cook County. Street. Approximately 200 feet southeast of inter- None *597 section of 153rd Street and 7th Avenue. Maps available for inspection at the Phoenix Village Hall, 15240 Vincenes Road, Phoenix, Illinois. Send comments to The Honorable Terry Wells, Mayor of the Village of Phoenix, 650 East Phoenix Center Drive, Phoenix, Illinois 60426.
Illinois ...... Robbins (Village), Midlothian Creek ...... Approximately 1,350 feet downstream of *597 *596 Cook County. 137th Street. Approximately 0.61 mile upstream of *607 *604 Kedzie Avenue. Maps available for inspection at the Robbins Village Hall, 3327 West 137th Street, Robbins, Illinois. Send comments to The Honorable Irene H. Brodie, Mayor of the Village of Robbins, 3327 West 137th Street, Robbins, Illinois 60472.
Maine ...... Benton (Town), Sebasticook River ...... At downstream corporate limits ...... *59 *61 Kennebec Coun- ty. Approximately 1,450 feet downstream *107 *108 from corporate limits. Maps available for inspection at the Benton Town Office, 1279 Clinton Avenue, Benton, Maine. Send comments to Mr. Rick Lawrence, Chairman of the Benton Board of Selectmen, 1279 Clinton Avenue, Benton, Maine 04901.
Maine ...... Waterville (City), Kennebec River ...... At downstream corporate limits ...... *55 *56 Kennebec Coun- ty. Approximately 1,990 feet upstream of *91 *92 confluence of Holland Brook. Messalonskee Stream ...... At confluence with Kennebec River...... *57 *58 At Automatic Project Dam ...... *83 *79 Maps available for inspection at the Waterville City Hall, 1 Common Street, Waterville, Maine. Send comments to The Honorable Nelson Madore, Mayor of the City of Waterville, Waterville City Hall, 1 Common Street, Waterville, Maine 04901.
Maine ...... Winslow (Town), Kennebec River ...... At downstream corporate limits ...... *54 *56 Kennebec Coun- ty. At approximately 200 feet above up- *92 *92 stream corporate limits. Sebasticook River ...... At confluence with Kennebec River ...... *59 *61 At upstream corporate limits ...... *59 *61
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Maps available for inspection at the Town of Winslow Assessor's Office, 16 Benton Avenue, Winslow, Maine. Send comments to Mr. Edward A. Gagnon, Winslow Town manager, 16 Benton Avenue, Winslow, Maine 04902.
New Hampshire ..... Durham (Town), Petee Brook ...... At confluence with Beard's Creek ...... None *8 Strafford County. A point approximately 20 feet upstream None *84 of Durham Reservoir Spillway. College Brook ...... Approximately 40 feet upstream of the *14 *15 confluence with Oyster River. At Concord Road ...... None *69 Oyster River ...... Approximately 1,500 feet upstream of Mill *14 *15 Pond Dam. A point approximately 15 feet upstream None *68 of State Route 155A. Lamprey River...... Approximately 40 feet upstream of None *63 Wiswall Road. At upstream corporate limits ...... None *64 Harnel Brook ...... At the confluence with Oyster River ...... *14 *15 Approximately 1,600 feet upstream of the *14 *15 confluence with Oyster River. Maps available for inspection at the Durham Town Hall, 15 New Market Road, Durham, New Hampshire. Send comments to Mr. Duane Hyde, Town of Durham Director of Planning and Community Development, 15 New Market Road, Durham, New Hampshire 03824.
New Jersey ...... Harding (Town- Passaic River ...... At downstream corporate limits ...... None *230 ship), Morris County. Approximately 1.15 miles upstream of *304 *303 Mount Kemble Avenue (U.S. Route 202). Maps available for inspection at the Township of Harding Municipal Building, Township Clerk's Office, Blue Mill Road, New Vernon, New Jer- sey. Send comments to The Honorable Donald Dinsmore, Mayor of the Township of Harding, P.O. Box 666, New Vernon, New Jersey 07976.
New York ...... Champlain (Town), Great Chazy River ...... Confluence with Lake Champlain ...... None *102 Clinton County. Approximately 275 feet downstream from None *130 I±87 bridge. Maps available for inspection at the Champlain Town Hall, 729 Route 9, Champlain, New York. Send comments to Mr. Arnold A. Beal, Town of Champlain Supervisor, P.O. Box 3144, Champlain, New York 12919.
New York ...... Champlain (Vil- Great Chazy River ...... Approximately 3,580 feet downstream of None *103 lage), Clinton Elm Street Bridge. County. Approximately 3,300 feet upstream of None *127 U.S. Route 9 bridge. Maps available for inspection at the Champlain Village Hall, 1104 Route 9 Main Street, Champlain, New York. Send comments to The Honorable Melissa McManus, Mayor of the Village of Champlain, 1104 Route 9 Main Street, Champlain, New York 12919±1158.
New York ...... Litchfield (Town), Steele Creek...... Approximately 440 feet downstream of None *703 Herkimer County. the most downstream crossing of State Route 51. Approximately 150 feet upstream of None *1,213 Jordanville Road. Maps available for inspection at the Litchfield Town Clerk's Office, 1250 Albany Road, Claysville, New York. Send comments to Mr. Wayne Casler, Litchfield Town Supervisor, 508 Albany Road, West Winfield, New York 13491.
New York ...... North Elba (Town), West Branch Ausable Approximately 50 feet downstream of None *644 Essex County. River. State Route 86. Approximately 170 feet upstream of State None *1,680 Route 73. Chubb River, Reach 1 ...... At the confluence with West Branch Au- None *1,664 sable River. Approximately 0.76 mile upstream of con- None *1,668 fluence with West Branch Ausable River.
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Chubb River, Reach 2...... Approximately 20 feet downstream of None *1,727 CONRAIL. Approximately 0.46 mile upstream of Old None *1,738 Military Road. Maps available for inspection at the North Elba Town Clerk's Office, 301 Main Street, Lake Placid, New York. Send comments to Ms. Shirley Seney, North Elba Town Supervisor, P.O. Box 385, Lake Placid, New York 12946.
Ohio ...... Brooklyn Heights Cuyahoga River ...... At downstream corporate limit ...... *596 *597 (Village), Cuya- hoga County. At upstream corporate limit ...... *597 *602 Maps available for inspection at the Western Reserve Engineering Company, 5605 Valley Belt Road, Independence, Ohio. Send comments to The Honorable Robert Tonne, Mayor of the Village of Brooklyn Heights, 345 Tuxedo Avenue, Brooklyn Heights, Ohio 44131.
Ohio ...... Cuyahoga Heights Cuyahoga River ...... Approximately 800 feet downstream side *590 *588 (Village), Cuya- of Harvard Denison Bridge. hoga County. Approximately 1,700 feet upstream side *602 *606 of Interstate 77. Maps available for inspection at the Cuyahoga Heights Village Hall, 4863 East 71st Street, Cuyahoga Heights, Ohio. Send comments to The Honorable Louis Jo Bacci, Mayor of the Village of Cuyahoga Heights, 4863 East 71st Street, Cuyahoga Heights, Ohio 44125.
Ohio ...... Fort Recovery Buck Creek...... Approximately 925 feet downstream of None *918 (Mercer County). West Butler Street. At upstream most crossing of Sharpsburg None *949 Road. Maps available for inspection at the Fort Recovery Village Offices, 201 South Main Street, Fort Recovery, Ohio. Send comments to The Honorable John M. Wolf, Mayor of the Village of Fort Recovery, P.O. Box 340, Fort Recovery, Ohio 45846.
Ohio ...... Independence Cuyahoga River ...... At downstream corporate limits...... *598 *602 (City), Cuyahoga County. At Pleasant Valley Road ...... None *620 Maps available for inspection at the City of Independence Building Department, 6335 Selig Drive, Independence, Ohio. Send comments to The Honorable Fred Ramos, Mayor of the City of Independence, 6800 Brecksville Road, Independence, Ohio 44131.
Ohio ...... Mercer County (Un- Buck Creek...... Approximately 300 feet downstream of None *937 incorporated Sharpsburg Road. Areas). Approximately 375 feet upstream of None *952 Sharpsburg Road. Maps available for inspection at the Mercer County Engineer's Office, 321 Riley Street, Celina, Ohio. Send comments to Mr. Jerry Laffin, Chairman of the Mercer County Board of Commissioners, 220 West Livingston Street, Celina, Ohio 45822.
Pennsylvania ...... Avondale (Bor- East Branch White Clay Approximately 330 feet downstream of * 272 * 271 ough), Chester Creek. State Route 41. County. Approximately 1,060 feet upstream of 3rd * 279 * 280 Avenue. Maps available for inspection at the Avondale Borough Hall, 110 Palmroy Avenue, Avondale, Pennsylvania. Send comments to Mr. Lou Kirkaldie, Chairman of the Borough of Avondale Planning Commission, P.O. Box 247, Avondale, Pennsylvania 19311.
Pennsylvania ...... Caln (Township) East Branch Brandywine Approximately 500 feet downstream of * 243 * 244 Chester County. Creek. State Route 282 (at Norwood Road). Approximately 1,100 feet upstream of * 253 * 254 U.S. Route 30 and 282. Maps available for inspection at the Caln Municipal Building, Department of Engineering and Code Enforcement, 253 Municipal Drive, Thorndale, Pennsylvania. Send comments to Ms. Illaria Steele, President of the Township of Caln Board of Commissioners, 253 Municipal Drive, Thorndale, Pennsyl- vania 19372.
Pennsylvania ...... Coatesville (City), West Branch Brandywine Approximately 2,800 feet downstream of * 308 * 307 Chester County. Creek. Business Route 30.
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Just downstream of Kings Highway ...... * 363 * 362 Maps available for inspection at the Coatesville City Hall, Codes Department, 1 City Hall Place, Coatesville, Pennsylvania. Send comments to Mr. Paul Janssen, Coatesville City Manager, 1 City Hall Place, Coatesville, Pennsylvania 19320.
Pennsylvania ...... Downingtown (Bor- East Branch Brandywine Approximately 3,000 feet upstream of * 229 * 232 ough), Chester Creek. U.S. Route 322. County. Approximately 700 feet upstream of U.S. * 252 * 253 Route 30 over State Route 282. Maps available for inspection at the Downingtown Borough Hall, 4 West Lancaster Avenue, Downingtown, Pennsylvania. Send comments to Mr. Anthony Gambale, Downingtown Borough Manager, 4 West Lancaster Avenue, Downingtown, Pennsylvania 19335.
Pennsylvania ...... East Bradford East Branch Brandywine Approximately 450 feet downstream of * 186 * 187 (Township), Creek. Route 842. Chester County. Approximately 1,250 feet downstream of * 225 * 224 U.S. Route 322 (second crossing). West Branch Brandywine Approximately 200 feet upstream of con- * 186 * 187 Creek. fluence with Brandywine Creek. Approximately 4,200 feet upstream of * 194 * 195 State Road 842 (Wawaset Road). Maps available for inspection at the East Bradford Township Hall, 666 Copeland Road, West Chester, Pennsylvania. Send comments to Mr. John Jordan, Chairman of the East Bradford Board of Supervisors, 666 Copeland Road, West Chester, Pennsylvania 19380.
Pennsylvania ...... East Brandywine East Branch Brandywine Approximately 1,100 feet upstream of * 253 * 254 (Township), Creek. U.S. Route 30 over Route 282. Chester County. Approximately 3,500 feet upstream of * 343 * 338 Lyndell Road. Maps available for inspection at the East Brandywine Township Office, 1214 Horseshoe Pike, Downingtown, Pennsylvania. Send comments to Mr. Hudson Boltz, Chairman of the Township of East Brandywine Board of Supervisors, 1214 Horseshoe Pike, Downingtown, Pennsylvania, 19335.
Pennsylvania ...... East Caln (Town- East Branch Brandywine Approximately 1,125 feet downstream of * 225 * 224 ship) Chester Creek. U.S. Route 322 (second crossing). County. Approximately 2,350 feet downstream of * 261 * 260 Dowlin Forge Road. Maps available for inspection at the East Caln Township Hall, 110 Bell Tavern Road, Downingtown, Pennsylvania. Send comments to Mr. Edwin Hill, East Caln Township Manager, P.O. Box 232, Downingtown, Pennsylvania, 19335.
Pennsylvania ...... East Fallowfield West Branch Brandywine Approximately 500 feet downstream of * 251 * 252 (Township), Creek. State Route 3062 (Strasburg Road). Chester County. Approximately 500 feet downstream of * 271 * 272 Luria Bro's Railroad bridge. Maps available for inspection at the East Fallowfield Township Hall, 2264 Strasburg Road, East Fallowfield, Pennsylvania. Send comments to Mr. Earl Emel, Chairman of the Township of East Fallowfield Board of Supervisors, 2264 Strasburg Road, East Fallowfield, Pennsylvania, 19320.
Pennsylvania ...... Honey Brook East Branch Brandywine Just upstream of South Creek or Chest- None *558 (Township), Creek. nut Tree Road. Chester County. Approximately 2,920 feet upstream of None *597 Suplee Road. Maps available for inspection at the Honey Brook Township Building, 495 Suplee Road, Honey Brook, Pennsylvania. Send coments to Ms. Michal A. Jany, Honey Brook Township Chairperson, P.O. Box 1281, Honey Brook, Pennsylvania, 19344.
Pennsylvania ...... London Grove East Branch White Clay Approximately 1,080 feet upstream of None *279 (Township), Creek. Third Avenue. Chester County. Approximately 1,440 feet upstream of None *280 Third Avenue.
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Maps available for inspection at the London Grove Township Hall, 372 Rosehill Road, Suite 100, West Grove, Pennsylvania. Send comments to Ms. Constance Alegranti, Chairperson of the Township of London Grove Board of Supervisors, 372 Rosehill Road, Suite 100, West Grove, Pennsylvania, 19939.
Pennsylvania ...... Modena (Borough), West Branch Brandywine Approximately 500 feet downstream of *271 *272 Chester County. Creek. Luria Railroad Bridge (CONRAIL). Approximately 4,200 feet downstream of *284 *283 First Avenue. Maps available for inspection at the Modena Borough Hall, North Brandywine Avenue, Modena, Pennsylvania. Send comments to Mr. Edward Gross, Borough of Modena Council President, P.O. Box 116, Modena, Pennsylvania 19358.
Pennsylvania ...... New Garden East Branch White Clay Approximately 1,080 feet upstream of None *279 (Township), Creek. Third Avenue. Chester County. Approximately 1,440 feet upstream of None *280 Third Avenue. Maps available for inspection at the New Garden Township Building, 8934 Gap Newport Pike, Landenburg, Pennsylvania. Send comments to Mr. Willard H. Smedley, Chairman of the Township of New Garden Board of Supervisors, 8934 Gap Newport Pike, Landenburg, Pennsylvania 19350.
Pennsylvania ...... Newlin (Township), West Branch Brandywine Approximately 800 feet upstream of State *203 *202 Chester County. Creek. Route 3027 (Northbrook Road). Approximately 500 feet downstream of *251 *252 State Route 3062 (Strasburg Road). Maps available for inspection at Yerkey's Associates, 1444 Phoenixville Pike, West Chester, Pennsylvania. Send comments to Mr. Robert Pearson, Chairman of the Township of Newlin Board of Supervisors, P.O. Box 133, Unionville, Pennsylvania 19375.
Pennsylvania ...... Pocopson (Town- West Branch Brandywine Approximately 200 feet upstream of con- *186 *187 ship), Chester Creek. fluence with Brandywine Creek. County. Approximately 2,500 feet upstream of *204 *203 State Route 3027 (Northbrook Road). Maps available for inspection at the Pocopson Township Hall, 740 Denton Hollow Road, West Chester, Pennsylvania. Send comments to Mr. Bruce Yelton, Chairman of the Township of Pocopson Board of Supervisors, P.O. Box 1, Pocopson, Pennsylvania 19366.
Pennsylvania ...... South Coatesville West Branch Brandywine Approximately 4,725 feet downstream of *284 *283 (Borough), Ches- Creek. First Avenue. ter County. Approximately 3,750 feet upstream of *307 *305 First Avenue. Maps available for inspection at the South Coatesville Borough Hall, 136 Modena Road, South Coatesville, Pennsylvania. Send comments to The Honorable James Kennedy, Mayor of the Borough of South Coatesville, 136 Modena Road, South Coatesville, Penn- sylvania 19320.
Pennsylvania ...... Upper Uwchlan East Branch Brandywine Approximately 600 feet downstream of *283 *281 (Township), Creek. Dorlan Hill Road. Chester County. Approximately 3,500 feet upstream of *343 *338 Lyndell Road. Maps available for inspection at the Upper Uwchlan Township Building, 140 Pottstown Pike, Chester Springs, Pennsylvania. Send comments to Mr. Al Gaspari, Township of Upper Uwchlan Codes Administrator, 140 Pittstown Pike, Chester Springs, Pennsylvania 19425.
Pennsylvania ...... Uwchlan (Town- East Branch Brandywine Approximately 2,350 feet downstream of *261 *260 ship), Chester Creek. Dowlin Forge Road. County. Approximately 600 feet downstream of *283 *281 Dorlan Hill Road. Maps available for inspection at the Uwchlan Township Hall, 715 North Ship Road, Exton, Pennsylvania. Send comments to Mr. C. Ward Braceland, Chairman of the Township of Uwchlan Board of Supervisors, 715 North Ship Road, Exton, Penn- sylvania 19341.
Pennsylvania ...... Valley (Township), West Branch Brandywine Approximately 3,300 feet downstream *307 *305 Chester County. Creek. Business Route 30 (Lincoln Highway).
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Approximately 1,050 feet upstream from *344 *341 Valley Station Drive. Maps available for inspection at the Valley Township Building, 890 West Lincoln Highway, Coatesville, Pennsylvania. Send comments to Mr. Grover Koon, Chairman of the Township of Valley Board of Supervisors, P.O. Box 467, Coatesville, Pennsylvania 19320.
Pennsylvania ...... Wallace (Town- East Branch Brandywine Approximately 3,500 feet upstream of None *338 ship), Chester Creek. Lyndell Road. County. Approximately 6,000 feet downstream of None *481 North Manor Road. Maps available for inspection at the Wallace Township Building, 451 Fairview Road, Glen Moore, Pennsylvania. Send comments to Ms. Jane Shields, Chairman of the Township of Wallace Board of Supervisors, P.O. Box 670, Glen Moore, Pennsylvania 19343.
Pennsylvania ...... West Bradford West Branch Brandywine Approximately 4,200 feet upstream of *194 *195 (Township), Creek. State Road 842. Chester County. Approximately 800 feet upstream of State *203 *202 Route 3027 (Northbrook Road). East Branch Brandywine Approximately 5,100 feet downstream of *206 *205 Creek. U.S. Route 322 (First one). Approximately 3,000 feet upstream of *229 *232 U.S. Route 322 (Second one). Maps available for inspection at the West Bradford Township Hall, 1385 Campus Drive, Downingtown, Pennsylvania. Send comments to Mr. Jack Hines, West Bradford Township Manager, 1385 Campus Drive, Downingtown, Pennsylvania 19335.
Pennsylvania ...... West Brandywine West Branch Brandywine Approximately 150 feet upstream of *364 *365 (Township), Creek. Kings Highway (State Route 340). Chester County. Approximately 600 feet upstream of *366 *367 Kings Highway. Maps available for inspection at the West Brandywine Township Hall, 199 LaFayette Road, Coatesville, Pennsylvania. Send comments to Mr. Joe Obenier, Chairman of the Township of West Brandywine Board of Supervisors, 199 LaFayette Road, Coatesville, Pennsylvania 19320.
Pennsylvania ...... West Caln (Town- West Branch Brandywine Approximately 150 feet upstream of *264 *365 ship), Chester Creek. Kings Highway (State Route 340). County. Approximately 600 feet upstream of *366 *367 Kings Highway. Maps available for inspection at the West Caln Township Hall, 721 Kings Highway, Wagontown, Pennsylvania. Send comments to Mr. Paul Pfitzenmeyer, Chairman of the Township of West Caln Board of Supervisors, P.O. Box 175, Wagontown, Penn- sylvania 19376.
Pennsylvania ...... West Nantmeal East Branch Brandywine Approximately 6,000 feet downstream of None *481 (Township), Creek. North Manor Road. Chester County. Just downstream of South Creek or None *458 Chestnut Road. Maps available for inspection at the West Nantmeal Township Hall, 455 North Manor Road, Elverson, Pennsylvania. Send comments to Mr. Gary Elston, Chairman of the Township of West Nantmeal Board of Supervisors, P.O. Box 234, Elverson, Pennsyl- vania 19520.
Vermont ...... Plymouth (Town), Black River ...... Approximately 650 feet downstream of *1,065 *1,067 Windsor County. Tyson-Reading Road. At Black Pond Dam ...... *1,334 *1,337 Maps available for inspection at the Town of Plymouth Clerk's Vault, Plymouth Union, Plymouth, Vermont. Send comments to Mr. Ralph Michael, Chairman of the Town of Plymouth Board of Selectmen, 16 Bridge Street, Ludlow, Vermont 05149.
Virginia ...... Hillsboro (Town), North Fork Catoctin Creek At the upstream side of State Route 718 None *504 Loundon County. Approximately 300 feet upstream of State None *533 Route 719.
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Maps available for inspection at the Hillsboro Town Hall, 36991 Charlestown Pike, Hillsboro, Virginia. Send comments to The Honorable Kenneth Rousseau, Mayor of the Town of Hillsboro, P.O. Box 32098, Hillsboro, Virginia 20134.
Virginia ...... Loudoun County Broad Run ...... At the confluence with the Potomac River None *210 (Unincorporated Areas). Approximately 800 feet downstream of *267 *268 the confluence of South Fork Broad Run. Beaverdam Run ...... At the confluence with Broad Run ...... *216 *219 Approximately 0.5 mile upstream of State None *300 Route 625. Cabin Branch No. 1 ...... At confluence with Broad Run ...... *263 *266 Approximately 1,260 feet upstream of *264 *266 confluence with Broad Run. Cabin Branch No. 2 ...... At confluence with Broad Run ...... *219 *221 Approximately 1,550 feet upstream of None *258 Blossom Drive. Horsepen Run ...... At the confluence with Broad Run ...... None *234 Approximately 1,575 feet upstream of None *280 Dulles Toll Road. Indian Creek ...... From confluence with Horsepen Run ...... None *260 Approximately 2.2 miles upstream of the *285 *282 confluence with Horsepen Run. Lenah Run ...... At confluence with North Fork Broad Run None *280 Approximately 75 feet upstream of U.S. None *323 Route 50. North Fork Broad Run ...... Approximately 200 feet downstream of *269 *268 confluence with South Fork Broad Run. Approximately 0.57 mile upstream of con- None *306 fluence of Tributary to North Fork Broad Run. Russell Branch ...... At the confluence with Beaverdam Run ... *216 *219 Approximately 1.2 miles upstream of the None *225 confluence with Beaverdam Run. South Fork Broad Run ..... Approximately 1,175 feet upstream from *269 *268 the confluence with Broad Run. Approximately 0.88 mile upstream of None *335 State Route 616. Stallion Branch ...... At the confluence with Horsepen Run ...... None *260 Approximately 2.2 miles upstream of the *271 *270 confluence with Horsepen Run. Tributary B to Beaverdam At the confluence with Tributary D to None *251 Run. Beaverdam Run. Approximately 0.71 mile upstream of None *316 Claiborne Parkway. Tributary D to Beaverdam At the confluence with Beaverdam Run ... None *251 Run. Approximately 1,900 feet upstream of None *262 State Route 642 (Hay Road). Tributary No. 1 to Broad At confluence with Broad Run ...... None *244 Run. Approximately 400 feet upstream of the None *244 confluence with Broad Run. Tributary No. 2 to Broad At the confluence with Broad Run ...... *252 *251 Run. Approximately 0.57 mile upstream of the None *265 confluence with Broad Run. Tributary No. 3 to Broad At the confluence with Broad Run ...... *262 *264 Run. Approximately 0.57 mile upstream of the None *266 confluence with Broad Run. Tributary No. 1 to At the confluence with Beaverdam Run ... None *228 Beaverdam Run. Approximately 0.47 mile upstream of con- None *234 fluence of Beaverdam Run. Tributary to Horsepen Run At confluence with Horsepen Run ...... None *273 Approximately 0.71 mile upstream of the None *321 confluence with Horsepen Run.
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Tributary to North Fork At confluence with North Fork Broad Run None *297 Broad Run. Approximately 1,770 feet upstream of None *304 confluence with North Fork Broad Run. Tributary to Stallion At the confluence with Stallion Branch ..... None *260 Branch. Approximately 0.44 mile upstream of the None *260 confluence with Stallion Branch. Maps available for inspection at the Loudoun County Building, Building & Development Department, 1 Harrison Street, S.E., Leesburg, Vir- ginia Send comments to Mr. Kirby Bowers, Loudoun County Administrator, 1 Harrison Street, S.E., 5th Floor, P.O. Box 7000, Leesburg, Virginia 20177±7000.
Virginia ...... Pittsylvania County Dan River ...... At State boundary ...... *395 *396 (Unincorporated Areas). Approximately 3.0 miles downstream of *457 *458 Southern Railway. Maps available for inspection at the Pittsylvania County Zoning Office, 53 North Main Street, Chatham, Virginia. Send comments to Mr. William D. Sleeper, Pittsylvania County Administrator, P.O. Box 426, Chatham, Virginia 24531.
West Virginia ...... Capon Bridge Dillons Run ...... At the confluence with the Cacapon River None *814 (Town), Hamp- shire County. At a point approximately 2,600 feet up- None *814 stream of the confluence with the Cacapon River. Cacapon River ...... At a point approximately 2,450 feet down- None *811 stream of U.S. Route 50. At a point approximately 4,350 feet up- None *817 stream of U.S. Route 50. Maps available for inspection at the Capon Bridge Town Building, Route 50 East, Capon Bridge, West Virginia. Send comments to The Honorable Frederick V. Berkeridge, Mayor of the Town of Capon Bridge, P.O. Box 183, Route 50 East, Capon Bridge, West Virginia 26711.
West Virginia ...... Hampshire County Cacapon River ...... At a point approximately 1.6 miles down- None *807 (Unincorporated stream of U.S. Route 50. Areas). At a point approximately 1.9 miles up- None *820 stream of U.S. Route 50. Big Run ...... At the confluence with the South Branch None *680 Potomac River. At a point approximately 475 feet up- None *1,057 stream of Grassy Lick Road. Dillons Run ...... At a point approximately 2,600 feet up- None *813 stream of the confluence with the Cacapon River. At a point approximately 2,850 feet up- None *813 stream of the confluence with the Cacapon River. Green Spring Run ...... At the confluence with North Branch Po- None *535 tomac River. At a point approximately 4.2 miles up- None *649 stream of Green Spring Valley Road. Little Cacapon River ...... At a point approximately 1.1 miles down- None *977 stream of Little Cacapon Road. At upstream side of Little Cacapon Road None *1,011 North Fork Little Cacapon At confluence with Little Cacapon River .. None *1,011 River. At a point approximately 1.1 miles up- None *1,141 stream of Heide Cooper Road. South Fork Little Cacapon At confluence with Little Cacapon River .. None *1,011 River. At a point approximately 1.9 miles up- None *1,129 stream of U.S. Route 50. Mill Branch ...... At confluence with Cacapon River ...... None *818 At a point approximately 2.5 miles up- None *949 stream of U.S. Route 50.
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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
North River ...... At a point approximately 7.2 miles down- None *822 stream of U.S. Route 50. At a point approximately 3.3 miles up- None *906 stream of U.S. Route 50. South Branch Potomac Upstream side of the Baltimore & Ohio None *559 River. Railroad bridge. Approximately 2.84 miles upstream of None *686 confluence of Big Run. Maps available for inspection at the Hampshire County Courthouse, Main Street, Romney, West Virginia 26757. Send comments to Mr. John D. Sitar, President of the Hampshire County Board of Commissioners, P.O. Box 806, Romney, West Virginia 26757.
West Virginia ...... Romney (Town), Big Run ...... At a point approximately 225 feet down- None *738 Hampshire Coun- stream of State Route 28. ty. At a point approximately 0.8 mile up- None *838 stream of State Route 28. Maps available for inspection at the Romney Town Building, 260 School Street, Romney, West Virginia. Send comments to The Honorable Hoy Shingleton, Mayor of the Town of Romey, 260 School Street, Romney, West Virginia 26757.
(Catalog of Federal Domestic Assistance No. DATES: The original comment period is threatened species under the 83.100, ‘‘Flood Insurance.’’) scheduled to close on October 30, 2000. Endangered Species Act of 1973, as Dated: October 16, 2000. The comment period is hereby extended amended. Michael J. Armstrong, until November 24, 2000. We will hold The U.S. Fish and Wildlife Service Associate Director for Mitigation. a public hearing on the proposal on proposed critical habitat for wintering [FR Doc. 00–27642 Filed 10–26–00; 8:45 am] November 14, 2000. An informal public the piping plovers on July 6, 2000 (65 BILLING CODE 6718±04±P meeting will precede the hearing, FR 41781). The proposal includes 146 beginning at 5:30 PM. The public areas along the coasts of North Carolina, hearing will run from 7 to 9 PM. South Carolina, Georgia, Florida, Comments from all interested parties Alabama, Mississippi, Louisiana, and DEPARTMENT OF THE INTERIOR must be received by the closing date. Texas. This includes approximately Any comments that are received after 2,734 kilometers (1,699 miles) of Fish and Wildlife Service the closing date may not be considered shoreline along the Gulf and Atlantic in the final decision on this proposal. coasts and along margins of interior 50 CFR Part 17 ADDRESSES: The public hearing will be bays, inlets, and lagoons. held in the Grand Ballroom at the Section 4(b)(2) of the Endangered RIN 1018±AG13 Radisson Hotel, 500 Padre Boulevard, Species Act requires that we designate Endangered and Threatened Wildlife South Padre Island, Texas 78597. or revise critical habitat based upon the and Plants; Extension of Public Written comments may be submitted to best scientific and commercial data Comment Period and Notice of Public the Field Supervisor, Ecological available and after taking into Hearing on Proposed Critical Habitat Services Field Office, c/o TAMUCC, Box consideration the economic impact, and for Wintering Piping Plovers 338, 6300 Ocean Drive, Corpus Christi, any other relevant impact, of specifying Texas 78412; by facsimile at (361) 994– any particular area as critical habitat. AGENCY: Fish and Wildlife Service, 8262; or by email at We may exclude an area from critical Interior. [email protected]. habitat if we determine that the benefits ACTION: Proposed Rule; Extension of Comments and materials received will of excluding the area outweigh the public comment period and notice of be available for public inspection, by benefits of including the area as critical public hearing. appointment, during normal business habitat, provided such exclusion will hours at the above address. not result in the extinction of the SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: species. Consequently, we have Wildlife Service, provide notice that the Allan Strand, Acting Field Supervisor, prepared and made available a draft public comment period on the proposed at the above address (telephone 361/ economic analysis concerning the rule to designate critical habitat for 994–9005). proposed critical habitat designation, wintering piping plovers (Charadrius SUPPLEMENTARY INFORMATION: which is available for review and melodius) is hereby extended, and that comment at the above Internet and we will hold an additional public Background mailing addresses. hearing on the proposal. Comments The piping plover (Charadrius previously submitted during the melodius) is a small North American Public Comments Solicited comment period need not be shorebird that breeds in the Great We solicit comments on all aspects of resubmitted as they will be incorporated Plains, Great Lakes, and Atlantic Coast the critical habitat proposal, including into the public record and will be fully states, and winters along the Atlantic the draft economic analysis. Our final considered in the final determination on and Gulf coasts. The piping plover on determination on the proposed critical the proposal. its wintering areas is listed as a habitat will take into consideration
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PART 229±AUTHORIZATION FOR 40° 37.32’ N 73° 18.40’ W TO 40° 37° 52.’ N 75° 24.30’ W TO 37° 11.90’ COMMERCIAL FISHERIES UNDER THE 38.00’ N 73° 18.56’ W (Fire Island Inlet) N 75° 48.30’ W (Chincoteague to Ship MARINE MAMMAL PROTECTION ACT 40° 34.40’ N 73° 34.55’ W TO 40° Shoal Inlet) 35.08’ N 73° 35.22’ W (Jones Inlet) OF 1972 37° 11.10’ N 75° 49.30’ W TO 37° 1. The authority citation for part 229 New Jersey/Delaware 10.65’ N 75° 49.60’ W (Little Inlet) continues to read as follows: 39° 45.90’ N 74° 05.90’ W TO 39° 37° 07.00’ N 75° 53.75’ W TO 37° Authority: 16 U.S.C.1361 et seq. 45.15’ N 74° 06.20’ W (Barnegat Inlet) 05.30’ N 75° 56.’ W (Smith Island Inlet) 39° 30.70’ N 74° 16.70’ W TO 39° 2. In § 229.34, paragraph (a)(2) is ° North Carolina revised to read as follows: 26.30’ N 74 19.75’ W (Beach Haven to Brigantine Inlet) All marine and tidal waters landward § 229.34 Harbor Porpoise Take Reduction 38° 56.20’ N 74° 51.70’ W TO 38° Plan-Mid-Atlantic. 56.20’ N 74° 51.90’ W (Cape May Inlet) of the 72 COLREGS demarcation line (a)*** All marine and tidal waters landward (International Regulations for (2) Exempted waters. All waters of the 72 COLREGS demarcation line Preventing Collisions at Sea, 1972), as landward of the first bridge over any (International Regulations for depicted or noted on nautical charts embayment, harbor, or inlet will be Preventing Collisions at Sea, 1972), as published by NOAA (Coast Charts exempted. The regulations in this depicted or noted on nautical charts 1:80,000 scale), and as described in 33 section do not apply to waters landward published by NOAA (Coast Charts CFR part 80. of the following lines: 1:80,000 scale), and as described in 33 * * * * * CFR part 80. (Delaware Bay) New York [FR Doc. 00–27696 Filed 10–26–00; 8:45 am] 40° 45.70’ N 72° 45.15’ W TO 40° Maryland/Virginia BILLING CODE: 3510±22 ±S 45.72’ N 72° 45.30’ W (Moriches Bay 38° 19.48’ N 75° 05.10’ W TO 38° Inlet) 19.35’ N 75° 05.25’ W (Ocean City Inlet)
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Notices Federal Register Vol. 65, No. 209
Friday, October 27, 2000
This section of the FEDERAL REGISTER Street, SW., Washington, DC 20250– Issues To Be Discussed at the Public contains documents other than rules or 3700. To receive copies of the Meeting proposed rules that are applicable to the documents referenced in this notice, public. Notices of hearings and investigations, contact the FSIS Docket Room at the The following issues and referenced committee meetings, agency decisions and above address. The documents will also documents will be discussed during the rulings, delegations of authority, filing of public meetings: petitions and applications and agency be accessible via the World Wide Web statements of organization and functions are at the following address: http:// • Matters Referred from Other Codex examples of documents appearing in this www.fao.org/waicent/faoinfo/ Committees, DOCUMENT CX/FICS section. ECONOMIC/esn/codex/ccfics9/ 00/2 _ fc00 01e.htm. • Draft Guidelines for Generic Official All comments received in response to Certificate Formats and the DEPARTMENT OF AGRICULTURE this notice will be considered part of the Production and Issuance of public record and will be available for Food Safety and Inspection Service Certificates, Comments at Step 6, viewing in the Docket Room between DOCUMENT CX/FICS 00/3, [Docket No. 00±044N] 8:30 a.m. and 4:30 p.m., Monday DOCUMENT CX/FICS 00/3–Add.1 through Friday. • Proposed Draft Guidelines for Food Codex Alimentarius: Meetings of the Import Control Systems, Comments at Codex Committee on Food Import and FOR FURTHER INFORMATION CONTACT: Step 3, DOCUMENT CX/FICS 00/4, Export Inspection and Certification Patrick J. Clerkin, Associate U.S. DOCUMENT CX/FICS 00/4–Add.1 Systems Manager for Codex, U.S. Codex Office, FSIS, Room 4861, South Building, 1400 • Proposed Draft Guidelines for the AGENCY: Office of the Under Secretary Independence Avenue SW., Utilization and Promotion of Quality for Food Safety, USDA. Washington, DC 20250–3700, telephone Assurance Systems to Meet ACTION: Notice of public meetings, (202) 205–7760; Fax: (202) 720–3157. Requirements in Relation to Food, request for comments. Persons requiring a sign language Comments at Step 3, DOCUMENT interpreter or other special CX/FICS 00/5, DOCUMENT CX/FICS SUMMARY: The Office of the Under accommodations should notify Mr. 00/5–Add.1 Secretary for Food Safety, U.S. Patrick J. Clerkin at the above phone • Proposed Draft Guidelines on the Department of Agriculture (USDA), the number. Judgement of Equivalence of Sanitary Food and Drug Administration (FDA), Measures Associated with Food SUPPLEMENTARY INFORMATION: and the U.S. Department of Health and Inspection and Certification Systems, Human Services (HHS), are sponsoring Background Comments at Step 3, DOCUMENT two public meetings, on November 7 CX/FICS 00/6, DOCUMENT CX/FICS and November 21, 2000, to provide The Codex Alimentarius Commission 00/6–Add.1 information and receive public (Codex) was established in 1962 by two • comments on agenda items that will be United Nations organizations, the Food Proposed Draft Guidelines on the discussed at the Codex Committee on and Agriculture Organization (FAO) and Judgement of Equivalence of Food Import and Export Inspection and the World Health Organization (WHO). Technical Regulations Associated Certification Systems (CCFICS), which Codex is the major international with Food Inspection and will be held in Perth, Australia, on organization for encouraging fair Certification Systems, Comments at December 11–15, 2000. The Under international trade in food and Step 3, DOCUMENT CX/FICS 00/7, Secretary and FDA recognize the protecting the health and economic DOCUMENT CX/FICS 00/7–Add.1 importance of of CCFICS and to address interests of consumers. Through • Discussion Paper on Risk items on the Agenda. providing adoption of food standards, codes of Management Guidelines for Food interested parties the opportunity to practice, and other guidelines Control Emergency Situations obtain background information on the developed by its committees, and by Involving International Trade, Seventh Session promoting their adoption and DOCUMENT CX/FICS 00/8 DATES: The public meetings are implementation by governments, Codex • Discussion Paper on Food Export scheduled for Friday, November 7, 2000 seeks to ensure that the world’s food Control Systems, DOCUMENT CX/ from 1:00 p.m. to 4:00 p.m., and supply is sound, wholesome, free from FICS 00/9 Tuesday, November 21, 2000 from 1:00 adulteration, and correctly labeled. In advance of the meetings, the U.S. p.m. to 4:00 p.m. CCFICS was established to develop Delegate to CCFICS will have assigned ADDRESSES: The public meetings will be principles and guidelines for: Food responsibility for development of U.S. held in Conference Room 1409, Federal import and export inspection and positions on these issues to members of Office Building 8, Food and Drug certification systems, the application of the U.S. government. The individuals Administration, 200 C Street, SW., measures by competent authorities of assigned responsibility will be named at Washington, DC. Submit one original importing and exporting countries to the meetings and will take comments and two copies of written comments to provide assurance that foods comply and develop draft U.S. positions. All the FSIS Docket Room, Docket # 00– with essential requirements, the interested parties are invited to provide 044N, U.S. Department of Agriculture, utilization of quality assurance systems, information and comments on the above Food Safety and Inspection Service, and the format and content of official issues, or on any other issues that may Room 102, Cotton Annex, 300 12th certificates. be brought before CCFICS.
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Public Meetings ACTION: Notice of meeting. the Committee for Purchase From People Who Are Blind or Severely At the November 3rd public meeting, SUMMARY: The Olympic PIEC Advisory Disabled published notices (65 FR the issues will be described and Committee will meet on November 17, 49218, 53267 and 54480) of proposed discussed, and attendees will have the 2000. The meeting will be held at the additions to the Procurement List. opportunity to pose questions and offer Olympic National Forest Headquarters comments. At the November 21 public office at 1835 Black Lake Blvd., After consideration of the material meeting, draft United States positions Olympia, Washington. The meeting will presented to it concerning capability of on the issues will be described and begin at 9:00 AM and end at qualified nonprofit agencies to provide discussed, and attendees will have the approximately 3:30 PM. the commodity and services and impact opportunity to pose questions and offer Agenda topics are: (1) Welcome and of the additions on the current or most comments. introduction of new committee recent contractors, the Committee has Please state that your comments relate members and brief Forest update; (2) Sol determined that the commodity and to CCFICS activities and specify which Duc Adaptive Management Area services listed below are suitable for issues your comments address. Process; (3) Road Management Strategy procurement by the Federal Government Update; (4) Northwest Forest Plan under 41 U.S.C. 46–48c and 41 CFR 51– Additional Public Notification Monitoring Report; (5) Olympic 2.4. Public awareness of all segments of Province Advisory Committee work I certify that the following action will rulemaking and policy development is plan and goals; (6) Open forum; and (7) not have a significant impact on a important. Consequently, in an effort to Public comments. substantial number of small entities. better ensure that minorities, women, All Olympic Province Advisory The major factors considered for this and persons with disabilities are aware Committee Meetings are open to the certification were: of this notice, FSIS will announce it and public. Interested citizens are encouraged to attend. 1. The action will not result in any provide copies of this Federal Register additional reporting, recordkeeping or publication in the FSIS Constituent FOR FURTHER INFORMATION CONTACT: other compliance requirements for small Update. FSIS provides a weekly FSIS Direct questions regarding this meeting entities other than the small Constituent Update, which is to Ken Eldredge, Province Liaison, organizations that will furnish the communicated via fax to over 300 USDA, Olympic National Forest commodity and services to the organizations and individuals. In Headquarters, 1835 Black Lake Blvd., Government. addition, the update is available on-line Olympia, WA 98512–5623, (360) 956– through the FSIS web page located at 2323 or Dale Hom, Forest Supervisor, at 2. The action will not have a severe http://www.fsis.usda.gov. The update is (360) 956–2301. economic impact on current contractors for the commodity and services. used to provide information regarding Dated: October 17, 2000. FSIS policies, procedures, regulations, Kenneth C. Eldredge, 3. The action will result in Federal Register notices, FSIS public Acting Forest Supervisor, Olympic National authorizing small entities to furnish the meetings, recalls, and any other types of Forest. commodity and services to the information that could effect or would [FR Doc. 00–27518 Filed 10–26–00; 8:45 am] Government. be of interest to our constituents/ stakeholders. The constituent fax list BILLING CODE 3410±11±M 4. There are no known regulatory consists of industry, trade, farm, and alternatives which would accomplish consumer interest groups, allied health the objectives of the Javits-Wagner- professionals and scientific COMMITTEE FOR PURCHASE FROM O’Day Act (41 U.S.C. 46—48c) in professionals, and other individuals that PEOPLE WHO ARE BLIND OR connection with the commodity and have requested to be included. Through SEVERELY DISABLED services proposed for addition to the these various channels, FSIS is able to Procurement List. Procurement List; Additions provide information to a much broader, Accordingly, the following more diverse audience. For more AGENCY: Committee for Purchase From commodity and services are hereby information and to be added to the People Who Are Blind or Severely added to the Procurement List: constituent fax list, fax your request to Disabled. Commodity the FSIS Congressional and Public ACTION: Additions to the Procurement Kitchen, Utensils Affairs Office, at (202) 720–5704. List. M.R. 870 Done at Washington, DC on: October 23, M.R. 874 2000. SUMMARY: This action adds to the Procurement List a commodity and M.R. 875 F. Edward Scarbrough, M.R. 892 U.S. Manager for Codex. services to be furnished by nonprofit agencies employing persons who are M.R. 893 [FR Doc. 00–27617 Filed 10–26–00; 8:45 am] M.R. 894 blind or have other severe disabilities. BILLING CODE 3410±DM±P M.R. 895 EFFECTIVE DATES: November 27, 2000. M.R. 897 ADDRESSES: Committee for Purchase M.R. 898 DEPARTMENT OF AGRICULTURE From People Who Are Blind or Severely Services Disabled, Jefferson Plaza 2, Suite 10800, Forest Service 1421 Jefferson Davis Highway, Microfilming, GPO Program B510–S, Washington, DC Arlington, Virginia 22202–3259. Olympic Provincial Interagency Ventilation Duct Cleaning Services, Puget Executive Committee (PIEC) Advisory FOR FURTHER INFORMATION CONTACT: Sound Naval Shipyard, Building 435 Committee Louis R. Bartalot (703) 603–7740. Cafeteria, Bremerton, Washington SUPPLEMENTARY INFORMATION: On August This action does not affect current AGENCY: Forest Service, USDA. 11, September 1 and September 8, 2000 contracts awarded prior to the effective
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STATUS: Affected Public: Business and other Copies of the above information for-profit organizations, and collection proposal can be obtained by Agenda individuals. calling or writing Madeleine Clayton, I. Approval of Agenda Frequency: On occasion, biennial. Departmental Forms Clearance Officer, II. Approval of Minutes of October 13, Respondent’s Obligation: Mandatory. (202) 482-3129, Department of 2000 Meeting OMB Desk Officer: David Rostker, Commerce, Room 6086, 14th and III. Announcements (202) 395-3897. Constitution Avenue, NW, Washington, IV. Staff Director’s Report Copies of the above information DC 20230 (or via the Internet at V. Report on Budget collection proposal can be obtained by [email protected]). VI. Police Practices Report calling or writing Madeleine Clayton, Written comments and VII. Future Agenda Items Departmental Forms Clearance Officer, recommendations for the proposed CONTACT PERSON FOR FURTHER (202) 482-3129, Department of information collection should be sent INFORMATION: David Aronson, Press and Commerce, Room 6086, 14th and within 30 days of publication of this Communications (202) 376–8312. Constitution Avenue, NW, Washington, notice to David Rostker, OMB Desk Edward A. Hailes, Jr., DC 20230 (or via the Internet at Officer, Room 10202, New Executive [email protected]). Office Building, Washington, DC 20503. Acting General Counsel. Written comments and Dated: October 20, 2000. [FR Doc. 00–27742 Filed 10–25–00; 11:48 recommendations for the proposed am] Madeleine Clayton, information collection should be sent BILLING CODE 6335±01±M within 30 days of publication of this Departmental Forms Clearance Officer, Office of the Chief Information Officer. notice to David Rostker, OMB Desk Officer, Room 10202, New Executive [FR Doc. 00–27697 Filed 10–26–00; 8:45 am] DEPARTMENT OF COMMERCE Office Building, Washington, DC 20503. BILLING CODE: 3510±22 ±S [I.D. 102300E ] Dated: October 19, 2000. Madeleine Clayton, DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request Departmental Forms Clearance Officer, Office [I.D. 102300D] of the Chief Information Officer The Department of Commerce has [FR Doc. 00–27695 Filed 10–26–00; 8:45 am] Submission for OMB Review; submitted to the Office of Management BILLING CODE: 3510±22 ±S Comment Request and Budget (OMB) for clearance the following proposal for collection of The Department of Commerce has information under the provisions of the DEPARTMENT OF COMMERCE submitted to the Office of Management and Budget (OMB) for clearance the Paperwork Reduction Act (44 U.S.C. [I.D. 102300F ] Chapter 35). following proposal for collection of Agency: National Oceanic and Submission for OMB Review; information under the provisions of the Atmospheric Administration (NOAA). Comment Request Paperwork Reduction Act (44 U.S.C. Title: Southeast Region Federal Chapter 35). Fisheries Permit Family of Forms The Department of Commerce has Agency:National Oceanic and Form Number(s): None. submitted to the Office of Management Atmospheric Administration, (NOAA). OMB Approval Number: 0648-0205. and Budget (OMB) for clearance the Title: Bluefin Tuna Statistical Type of Request: Regular submission. following proposal for collection of Document. Burden Hours: 1,583. information under the provisions of the Form Number(s): None. Number of Respondents: 6,970. Paperwork Reduction Act (44 U.S.C. OMB Approval Number: 0648-0040. Average Hours Per Response: 5 Chapter 35). Type of Request: Regular submission. minutes for a dealer permit application; Agency: National Oceanic and Burden Hours: 390. 20 minutes for a vessel permit Atmospheric Administration (NOAA). Number of Respondents: 50. application; 45 minutes for a Title: StormReady Application Form. Average Hours Per Response: 5 aquacultured live rock site evaluation Form Number(s): None. minutes for a documentation not form; 5 minutes for tracking wreckfish OMB Approval Number: 0648-0419. needing validation, 20 minutes for a individual transferable quotas; 5 Type of Request: Regular submission. document needing validation. minutes for an observer notification, for Burden Hours: 40. Needs and Uses: U.S. tuna dealers a notification of lost or stolen crab traps, Number of Respondents: 40. who import or export bluefin tuna are for a notification of a golden crab Average Hours Per Response: 1. required to complete and transmit to transit, or for an aquacultured live rock Needs and Uses: StormReady is a NOAA a Bluefin Tuna Statistical notification of harvest activity; and 15 community-recognition program for Document (BSD) as required by the minutes for a notification of trap emergency management. The International Commission for the retrieval. StormReady Application Form allows Conservation of Atlantic Tunas. Foreign Needs and Uses: Participants in the National Weather Service to collect tuna dealers who export to the United Federally-regulated fisheries in the the information needed to recognize States must ensure that a BSD validated Southeast U.S. are required to obtain communities that are sufficiently by a government official accompanies Federal fishing permits. The prepared for adverse weather before an the import. information on the permit application is event happens. Affected Public: Business and other needed to determine eligibility, to Affected Public: State, Local, or Tribal for-profit organizations. provide data for the management of the Government. Frequency: On Occasion. fishery, and to aid enforcement of Frequency: On occasion. Respondent’s Obligation: Mandatory. regulations. Permitted vessels are also Respondent’s Obligation: Voluntary. OMB Desk Officer: David Rostker, required to provide notifications prior to OMB Desk Officer: David Rostker, (202) 395-3897Copies of the above certain specified activities. (202) 395-3897. information collection proposal can be
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(‘‘Sunset Regulations’’) and in 19 CFR and a respondent interested party under Interested parties may submit case briefs part 351 (2000) in general. Guidance on section 771(9)(A) of the Act. no later than December 11, 2000, in methodological or analytical issues We received rebuttal comments from accordance with 19 CFR relevant to the Department’s conduct of domestic interested parties and 351.309(c)(1)(i). Rebuttal briefs, which sunset reviews is set forth in the Dalmine, on August 8, 2000, and August must be limited to issues raised in the Department’s Policy Bulletin 98.3— 7, 2000, respectively. Pursuant to 19 case briefs, may be filed not later than Policies Regarding the Conduct of Five- CFR 351.218(e)(2)(i), the Department December 18, 2000. The Department year (‘‘Sunset’’) Reviews of determined to conduct a full (240-day) will issue a notice of final results of this Countervailing and Countervailing Duty sunset review of this order.1 sunset review, which will include the Orders; Policy Bulletin, 63 FR 18871 Scope of Review results of its analysis of issues raised in (April 16, 1998) (‘‘Sunset Policy any such briefs, no later than February Bulletin’’). See Appendix. 28, 2001. This five-year (‘‘sunset’’) review and Background Analysis of Comments Received notice are in accordance with sections All issues raised in the substantive On July 3, 2000, the Department responses and rebuttals by parties to 751(c), 752, and 777(i)(1) of the Act. initiated a sunset review of the this sunset review are addressed in the Dated: October 23, 2000. countervailing duty order on seamless ‘‘Issues and Decision Memorandum’’ Troy H. Cribb, pipe from Italy (65 FR 41053), pursuant (‘‘Decision Memorandum’’) from Jeffrey Acting Assistant Secretary for Import to section 751(c) of the Tariff Act of A. May, Director, Office of Policy, Administration. 1930, as amended, (‘‘the Act’’). The Import Administration, to Troy H. Appendix Department received a notice of intent Cribb, Acting Assistant Secretary for to participate on behalf of U.S. Steel Import Administration, dated October The scope of this order includes small Group, a unit of USX Corporation, and 23, 2000, which is hereby adopted by diameter seamless carbon and alloy standard, Vision Metals, Inc. (collectively, this notice. The issues discussed in the line and pressure pipes (‘‘seamless pipes’’) ‘‘domestic interested parties’’), within attached Decision Memorandum produced to the American Society for Testing the applicable deadline (July 18, 2000) include the likelihood of continuation and Materials (‘‘ASTM’’) standards A–335, specified in section 351.218(d)(1)(i) of A–106, A–53, and American Petroleum or recurrence of countervailable Institute (‘‘API’’) standard API 5L the Sunset Regulations. Domestic subsidies and the net subsidy likely to interested parties claimed interested- specifications and meeting the physical prevail were the order revoked. Parties parameters described below, regardless of party status under section 771(9)(C) of can find a complete discussion of all application. The scope of this review also the Act, as U.S. manufacturers of the issues raised in this review and the includes all products used in standard, line, domestic like product. Vision Metals, corresponding recommendations in this or pressure pipe applications and meeting Inc., formerly the Gulf States Tube public memorandum which is on file in the physical parameters below, regardless of Division of Quanex Corporation, was a the Central Records Unit, room B–099, specification. For purposes of this review, petitioner in the investigation and has of the main Commerce building. seamless pipes are seamless carbon and alloy been involved in this proceeding since In addition, a complete version of the (other than stainless) steel pipes, of circular cross-section, not more than 114.3 mm (4.5 its inception (see August 2, 2000, Decision Memorandum can be accessed Substantive Response of domestic inches) in outside diameter, regardless of directly on the Web at http:// wall thickness, manufacturing process (hot- interested parties at 3). ia.ita.doc.gov/frn, under the heading finished or cold-drawn), end finish (plain On August 1, 2000, we received a ‘‘Italy.’’ The paper copy and electronic end, beveled end, upset end, threaded, or response from the European Union version of the Decision Memorandum threaded and coupled), or surface finish. Delegation of the European Commission are identical in content. These pipes are commonly known as (‘‘EC’’) expressing its willingness to standard pipe, line pipe, or pressure pipe, participate in this review as the Preliminary Results of Review depending upon the application. They may authority responsible for defending the We preliminarily determine that also be used in structural applications. Pipes interest of the Member States of the revocation of the countervailing duty produced in non-standard wall thicknesses order on seamless pipe from Italy would are commonly referred to as tubes. The European Union (‘‘EU’’) (see August 1, seamless pipes subject to this review are 2000, Response of the EC at 2). On be likely to lead to continuation or currently classifiable under subheadings August 2, 2000, we received a response recurrence of countervailable subsidy at 7304.10.10.20, 7304.10.50.20, 7304.31.60.50, from the Government of Italy (‘‘GOI’’) the rate listed below: 7304.39.00.16, 7304.39.00.20, 7304.39.00.24, expressing its willingness to participate 7304.39.00.28, 7304.39.00.32, 7304.51.50.05, in this review as the government of a Net 7304.51.50.60, 7304.59.60.00, 7304.59.80.10, country in which subject merchandise is Producers/exporters countervailable 7304.59.80.15, 7304.59.80.20, and subsidy 7304.59.80.25 of the Harmonized Tariff produced and exported. The GOI and (percent) EC note that they have in the past Schedule of the United States (‘‘HTSUS’’). The following information further defines participated in this proceeding (see All producers/exporters from Italy ...... 1.47 the scope of this review, which covers pipes August 1, 2000, Response of the EC at meeting the physical parameters described 2, and the August 2, 2000, Response of above: Specifications, Characteristics and the GOI at 2). Any interested party may request a Uses: Seamless pressure pipes are intended On August 2, 2000, we received a hearing within 30 days of publication of for the conveyance of water, steam, complete substantive response from this notice in accordance with 19 CFR petrochemicals, chemicals, oil products, domestic interested parties, within the 351.310(c). Any hearing, if requested, natural gas, and other liquids and gasses in 30-day deadline specified in the Sunset will be held on December 17, 2000, in industrial piping systems. They may carry accordance with 19 CFR 351.310(d). these substances at elevated pressures and Regulations under section temperatures and may be subject to the 351.218(d)(3)(i), and a complete 1 See August 22, 2000, Memorandum for Jeffrey application of external heat. Seamless carbon substantive response from Dalmine A. May, Re: Seamless Pipe from Italy; Adequacy of steel pressure pipe meeting the ASTM S.p.A. (‘‘Dalmine’’), a foreign producer Respondent Interested Party Response to the Notice standard A–106 may be used in temperatures and exporter of the subject merchandise, of Initiation. of up to 1000 degrees Fahrenheit, at various
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American Society of Mechanical Engineers commercial applications. These applications DEPARTMENT OF COMMERCE (‘‘ASME’’) code stress levels. Alloy pipes constitute the majority of the market for the made to ASTM standard A–335 must be used subject seamless pipes. However, A–106 International Trade Administration if temperatures and stress levels exceed those pipes may be used in some boiler allowed for A–106 and the ASME codes. applications. The scope of this review Notice of Assignment and the Seamless pressure pipes sold in the United includes all seamless pipe meeting the Reaffirmation of Authority to Make States are commonly produced to the ASTM physical parameters described above and A–106 standard. Seamless standard pipes are produced to one of the specifications listed Initial Denials Under the Freedom of most commonly produced to the ASTM A– above, regardless of application, and whether Information Act 53 specification and generally are not or not also certified to a non-covered intended for high temperature service. They specification. Standard, line and pressure AGENCY: International Trade are intended for the low temperature and applications and the above-listed Administration, Commerce. pressure conveyance of water, steam, natural specifications are defining characteristics of gas, air and other liquids and gasses in the scope of this review. Therefore, seamless ACTION: Notice of assignment and the plumbing and heating systems, air pipes meeting the physical description reaffirmation of authority to make initial conditioning units, automatic sprinkler above, but not produced to the ASTM A–335, denials under the Freedom of systems, and other related uses. Standard ASTM A–106, ASTM A–53, or API 5L Information Act (FOIA). pipes (depending on type and code) may standards shall be covered if used in a carry liquids at elevated temperatures but standard, line or pressure application. For must not exceed relevant ASME code example, there are certain other ASTM SUMMARY: This assigns or reaffirms the requirements. Seamless line pipes are specifications of pipe which, because of authority of Department of Commerce, intended for the conveyance of oil and overlapping characteristics, could potentially International Trade Administration natural gas or other fluids in pipe lines. be used in A–106 applications. These officials listed in the attachment to Seamless line pipes are produced to the API specifications generally include A–162, A– make initial decisions with respect to 5L specification. Seamless pipes are 192, A–210, A-333, and A–524. When such public requests for ITA records under commonly produced and certified to meet pipes are used in a standard, line or pressure the Freedom of Information Act (FOIA). ASTM A–106, ASTM A-53 and API 5L pipe application, such products are covered specifications. Such triple certification of by the scope of this review. Specifically FOR FURTHER INFORMATION CONTACT: pipes is common because all pipes meeting excluded from this review are boiler tubing Peter Han, Department of Commerce, the stringent ASTM A–106 specification and mechanical tubing, if such products are International Trade Administration, necessarily meet the API 5L and ASTM A– not produced to ASTM A–335, ASTM A–106, 53 specifications. Pipes meeting the API 5L ASTM A–53 or API 5L specifications and are Office of Organization and Management specification necessarily meet the ASTM A– not used in standard, line or pressure Support, 14th & Constitution Ave., NW., 53 specification. However, pipes meeting the applications. In addition, finished and Room 4001, Washington, DC 20230. A–53 or API 5L specifications do not unfinished oil country tubular goods necessarily meet the A–106 specification. To (‘‘OCTG’’) are excluded from the scope of this SUPPLEMENTARY INFORMATION: The avoid maintaining separate production runs review, if covered by the scope of another officials listed in the October 19, 2000 and separate inventories, manufacturers antidumping duty order from the same memorandum from Timothy J. Hauser, triple-certify the pipes. Since distributors sell country. If not covered by such an OCTG Deputy Under Secretary for the vast majority of this product, they can order, finished and unfinished OCTG are International Trade, will be responsible thereby maintain a single inventory to service included in this scope when used in all customers. The primary application of for making initial decisions for records standard, line or pressure applications. in accordance with FOIA. ASTM A–106 pressure pipes and triple- Finally, also excluded from this review are certified pipes is in pressure piping systems redraw hollows for cold-drawing when used Dated: October 20, 2000. by refineries, petrochemical plants and in the production of cold-drawn pipe or tube. Peter Han, chemical plants. Other applications are in Although the HTSUS subheadings are power generation plants (electrical-fossil fuel provided for convenience and customs ITA Freedom of Information Officer, Office or nuclear), and in some oil field uses (on purposes, our written description of the of Organization and Management Support. shore and off shore) such as for separator scope of this order is dispositive. BILLING CODE 3510±25±P lines, gathering lines and metering runs. A minor application of this product is for use [FR Doc. 00–27688 Filed 10–26–00; 8:45 am] as oil and gas distribution lines for BILLING CODE 3510±DS±P
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[FR Doc. 00–27670 Filed 10–26–00; 8:45 am] Commerce. Tel: 202–482–5478, Fax: and Tag Company of Newport, KY, is BILLING CODE 3510±25±C 202–482–1999. the authorized vendor of cage tags Dated: October 19, 2000. required for the year 2001 Federal surf Thomas H. Nisbet, clam and ocean quahog fisheries. DEPARTMENT OF COMMERCE Detailed instructions for purchasing Director, Promotion Planning and Support these cage tags will be provided in a International Trade Administration Division, Office of Export Promotion Coordination. letter to allocation owners within the next several weeks. Private Sector Participation in [FR Doc. 00–27671 Filed 10–26–00; 8:45 am] Overseas Trade Missions BILLING CODE 3510±DR±P Authority: 16 U.S.C. 1801 et seq. Dated: October 21, 2000. AGENCY: International Trade Bruce C. Morehead, Administration, Department of DEPARTMENT OF COMMERCE Commerce Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. ACTION: Notice National Oceanic and Atmospheric Administration [FR Doc. 00–27698 Filed 10–26–00; 8:45 am] SUMMARY: The Department of Commerce BILLING CODE: 3510±22 ±S invites U.S. companies to participate in [I.D. 101700C] the below listed overseas trade Fisheries of the Northeastern United DEPARTMENT OF COMMERCE missions. For a more complete States; Atlantic Surf Clam and Ocean description of each trade mission, Quahog Fisheries; 2001 Cage Tags National Oceanic and Atmospheric obtain a copy of the mission statement Administration from the Project Officer indicated for AGENCY: National Marine Fisheries each mission below. Recruitment and Service (NMFS), National Oceanic and [I.D. 101900A] selection of private sector participants Atmospheric Administration (NOAA), for these missions will be conducted Commerce. Marine Mammals; File No. 775-1600 according to the Statement of Policy ACTION: Notice of vendor to provide AGENCY: National Marine Fisheries Governing Department of Commerce fishing year 2001 cage tags. Service (NMFS), National Oceanic and Overseas Trade Missions dated March 3, Atmospheric Administration (NOAA), SUMMARY: NMFS informs surf clam and 1997. Textile Trade Mission to Central Commerce. America and the Dominican Republic, ocean quahog allocation owners that ACTION: El Salvador, Honduras, Dominican they will be required to purchase their Receipt of application. Republic and Guatemala, December 3–9, fishing year 2001 cage tags from a SUMMARY: Notice is hereby given that 2000. Recruitment closes on November vendor. Michael Sissenwine, Northeast Fisheries 1, 2000. ADDRESSES: Written inquiries may be Science Center, National Marine For further information contact: Mr. sent to Walt Gardiner at: National Fisheries Service, Room 312, 166 Water William Dawson, U.S. Department of Marine Fisheries Service, Northeast St., Woods Hole, Massachusetts 02543- Commerce. Tel: 202–482–5155, Fax: Regional Office, One Blackburn Drive, 1097, has applied in due form for a 202–482–2859, E-Mail: Gloucester, MA 01930-3799. permit to take seven species of baleen [email protected] FOR FURTHER INFORMATION CONTACT: Walt whales, twenty species of odontocete District Heating Mission to Russia, Gardiner, Fishery Management and four species of pinnipeds for Moscow and St. Petersburg, May 11– Specialist, (978) 281-9326. purposes of scientific research. 17, 2001. Recruitment closes on SUPPLEMENTARY INFORMATION: DATES: Written or telefaxed comments January 12, 2001 Federal Atlantic surf clam and ocean quahog must be received on or before November For further information contact: Ms. fishery regulations at 50 CFR 648.75(b) 27, 2000. Rachel Halpern, U.S. Department of authorize the Administrator, Northeast ADDRESSES: The application and related Commerce. Tel: 202–482–4423, Fax: Region, NMFS, to specify in the Federal documents are available for review 202–482–0170, E-Mail: _ Register a vendor from whom cage tags, upon written request or by appointment Rachel [email protected] required under the Atlantic Surf Clam in the following office(s): Permits and FOR FURTHER INFORMATION CONTACT: Mr. and Ocean Quahog Fishery Management Documentation Division, Office of Reginald Beckham, U.S. Department of Plan, must be purchased. National Band Protected Resources, NMFS, 1315 East-
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West Highway, Room 13130, Silver set forth the specific reasons why a Dolphin/Wahoo Fishery Management Spring, MD 20910 (301/713-2289); and hearing on this particular request would Plan (FMP) Final Action Northeast Region, NMFS, One be appropriate. -Scientific and Statistical Committee Blackburn Drive, Gloucester, MA 01930- Comments may also be submitted by (SSC)/Advisory Panel (AP) Minutes 2298; phone (508) 281-9250; fax (508) facsimile at (301) 713-0376, provided -Ad-Hoc Committee Meeting Report 281-9371. the facsimile is confirmed by hard copy Queen Conch FMP Final Action FOR FURTHER INFORMATION CONTACT: submitted by mail and postmarked no -Continuation of Discussion of Ruth Johnson or Simona Roberts, 301/ later than the closing date of the Management Measures 713-2289. comment period. Please note that -Honduras-Jamaica Meeting Report comments will not be accepted by e- Essential Fish Habitat SUPPLEMENTARY INFORMATION: The -Habitat AP Meeting Minutes subject permit is requested under the mail or by other electronic media. Concurrent with the publication of Other Business authority of the Marine Mammal -AP Membership Protection Act of 1972, as amended this notice in the Federal Register, (MMPA; 16 U.S.C. 1361 et seq.), the NMFS is forwarding copies of this Next Council Meeting application to the Marine Mammal Regulations Governing the Taking and The meetings are open to the public, Importing of Marine Mammals (50 CFR Commission and its Committee of Scientific Advisors. and will be conducted in English. part 216), the Endangered Species Act of Fishers and other interested persons are 1973, as amended (ESA; 16 U.S.C. 1531 Dated: October 23, 2000. invited to attend and participate with et seq.), and the regulations governing Ann D. Terbush, oral or written statements regarding the taking, importing, and exporting of Chief, Permits and Documentation Division, agenda issues. endangered and threatened species (50 Office of Protected Resources, National Although non-emergency issues not CFR parts 222-227). Marine Fisheries Service. contained in this agenda may come The Northeast Fisheries Science [FR Doc. 00–27699 Filed 10–26–00; 8:45 am] before the Council for discussion, those Center seeks permission to conduct BILLING CODE: 3510±22 ±S issues may not be the subject of formal research on seven species of baleen action during this meeting. Action will whales, twenty species of odontocetes be restricted to those issues specifically and four species of pinnipeds. The DEPARTMENT OF COMMERCE identified in this notice and any issues study area would include all waters of arising after publication of this notice National Oceanic and Atmospheric the North Atlantic Ocean, including that require emergency action under Administration international waters, from the equator to section 305(c) of the Magnuson-Stevens latitude 80 degrees N except for [I.D. 101700G] Fishery Conservation and Management territorial waters of other nations. The Act, provided the public has been principal purpose of the research, for all Caribbean Fishery Management notified of the Council’s intent to take species, relates to stock assessment Council; Public Meetings final action to address the emergency. (notably, but not limited to, estimation AGENCY: of abundance and determination of National Marine Fisheries Special Accommodations Service (NMFS), National Oceanic and population structure); this is an activity These meetings are physically Atmospheric Administration (NOAA), for which NMFS has primary accessible to people with disabilities. Commerce. responsibility under the MMPA. Aerial For more information or request for sign surveys for right whales will be flown ACTION: Notice of public meetings. language interpretation and/other at a minimum altitude of 500 feet for the SUMMARY: The Caribbean Fishery auxiliary aids, please contact Mr. purpose of stock assessment as well to Management Council (Council) will Miguel A. Rolon, Executive Director, alert mariners of their presence. Types Caribbean Fishery Management Council, hold meetings. ˜ of take include potential harassment 268 Munoz Rivera Avenue, Suite 1108, DATES: The meetings will be held on through approach (shipboard /aerial), San Juan, Puerto Rico, 00918-2577, November 14-15, 2000. The Council will biopsy sampling, acoustic sampling, telephone: (787) 766-5926, at least 5 convene on Tuesday, November 14, tagging, and (for pinnipeds) tag/release. days prior to the meeting date. 2000, from 1 p.m. to 5 p.m. through Permission is also sought to import and Dated: October 20, 2000. export material (including soft and hard Wednesday, November 15, 2000, from 9 Richard W. Surdi, tissue, blood, extracted DNA, and whole a.m. to 12 noon, approximately. dead animals or parts thereof) to and ADDRESSES: The meetings will be held at Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. from any country. the Divi Carina Bay Resort and Casino, In compliance with the National 25 Estate Turnerhole, Christiansted, St. [FR Doc. 00–27700 Filed 10–26–00; 8:45 am] Environmental Policy Act of 1969 (42 Croix, USVI. BILLING CODE: 3510±22 ±S U.S.C. 4321 et seq.), an initial FOR FURTHER INFORMATION CONTACT: Caribbean Fishery Management Council, determination has been made that the ˜ activity proposed is categorically 268 Munoz Rivera Avenue, Suite 1108, DEPARTMENT OF DEFENSE excluded from the requirement to San Juan, Puerto Rico 00918-2577, Department of the Army, Corps of prepare an environmental assessment or telephone: (787) 766-5926. Engineers environmental impact statement. SUPPLEMENTARY INFORMATION: The Written comments or requests for a Council will hold its 102nd regular Intent To Prepare a Draft public hearing on this application public meeting to discuss the items Environmental Impact Statement for should be mailed to the Chief, Permits contained in the following agenda: the Proposed Pine Hills Casino and and Documentation Division, F/PR1, Call to Order Resort, Located in Harrison County, Office of Protected Resources, NMFS, Adoption of Agenda Mississippi 1315 East-West Highway, Room 13705, Consideration of 101st Council Silver Spring, MD 20910. Those Meeting Summary Minutes AGENCY: U.S. Army Corps of Engineers, individuals requesting a hearing should Executive Director’s Report DoD.
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ACTION: Notice of Intent. has been relocated to an adjacent 0.1 DEPARTMENT OF ENERGY acre site. No other wetlands or ‘‘special SUMMARY: The Mobile District, U.S. aquatic sites’’ will be excavated or Federal Energy Regulatory Army Corps of Engineers (Corps), filled. Upland development associated Commission intends to prepare a Draft Environmental Impact Statement (DEIS) with the project will cover up to 63 [Docket No. RP01±38±000] to address the potential impacts acres of primarily pine plantation. Colorado Interstate Gas Company; associated with the construction of the 2. Alternatives to the applicant’s Notice of Compliance Filing proposed Pine Hills Casino and Resort proposal may exist which would reduce located on the Bay of St. Louis, in the impacts to the Bay of St. Louis. October 23, 2000. Harrison County, Mississippi. The These could include alternate sites, or Take notice that on October 11, 2000, Corps will be evaluating a permit alternative sites layouts, or alternative Colorado Interstate Gas Company (CIG), application for the work under the operational methods. tendered for filing a letter stating that authority of Section 10 of the Rivers and 3. Scoping: a. The Corps invites full CIG believes it is currently in full Harbors Act and Section 404 of the public participation to promote open compliance with Section 284.12(c)(2)(ii) Clean Water Act. The EIS will be used of the Commission’s regulations. Order as a basis for the permit decision and to communication on the issues surrounding the proposal. All Federal, No. 587–L requires pipelines to be in ensure compliance with the National compliance with this regulation by Environmental Policy Act (NEPA). State, and local agencies, and other persons or organizations that have an November 1, 2000, to permit shippers to FOR FURTHER INFORMATION CONTACT: offset imbalances on different contracts interest are urged to participate in the Questions about the proposed action held by the shipper and to trade NEPA scoping process. A public and the DEIS should be addressed to imbalances. meeting will be held to help identify Mr. John McFadyen, Regulatory Branch, CIG further states that copies of this phone (334) 690–3261, or Dr. Susan significant issues and to receive public filing have been served on CIG’s Ivester Rees, Coastal Environment input and comment. jurisdictional customers and public Team, phone (334) 694–4141, Mobile b. The DEIS will analyze the potential bodies. District, U.S. Army Corps of Engineers, social, economic, and environmental Any person desiring to be heard or to P.O. Box 2288, Mobile, AL 36628. impacts to the local area resulting from protest said filing should file a motion SUPPLEMENTARY INFORMATION: the proposed project. Specifically, the to intervene or a protest with the 1. The permit applicant is proposing following major issues will be analyzed Federal Energy Regulatory Commission, to construct a casino development on in depth in the DEIS: hydrologic and 888 First Street, NE., Washington, DC the northern shore of the Bay of St. hydraulic regimes, essential fish habitat 20426, in accordance with Sections Louis consisting of the following: A and other marine habitat, air quality, 385.214 or 385.211 of the Commission’s casino mooring facility consisting of cultural resources, wastewater treatment Rules and Regulations. All such motions breasting dolphins and a 520-foot-long or protests must be filed in accordance by 330-foot-wide low water sediment capacities and discharges, transportation systems, alternatives, with Section 154.210 of the control structure. The control structure Commission’s Regulations. Protests will will consist of 1,250 linear feet of sheet secondary and cumulative impacts, socioeconomics, environmental justice be considered by the Commission in pile and a water aeration system. The determining the appropriate action to be (effect on minorities and low-income 3.9-acre basin within the control taken, but will not serve to make groups), and protection of children structure will be mechanically protestants parties to the proceedings. (Executive Order 13045). excavated to minus 7.0 feet, mean low Any person wishing to become a party water. The 32,000 cubic yards of c. The Corps will serve as the lead must file a motion to intervene. Copies excavated material will be deposited at Federal agency in the preparation of the of this filing are on file with the a 15-acre upland disposal site. A 500- DEIS. It is anticipated that the following Commission and are available for public foot-long by 300-foot-wide casino barge agencies will be invited and will accept inspection in the Public Reference will be moored in the basin. A 450-foot- cooperating agency status for the Room. This filing may be viewed on the long bulkhead will be installed along preparation of the DEIS: U.S. web at http://www.ferc.fed.us/online/ the shoreline fronting the casino. A 700- rims.htm (call 202–208–2222 for foot-long by 8-foot-wide pier and 24- Environmental Protection Agency, U.S. assistance). inch diameter water intake/transmission Department of the Interior-Fish and line will be constructed east of the Wildlife Service, U.S. Department of Davis P. Boergers, casino. Related upland development Commerce—National Marine Fisheries Secretary. Service, U.S. Department of includes a 30 story, 1,400-room hotel; [FR Doc. 00–27622 Filed 10–26–00; 8:45 am] Transportation—Federal Highway an access road from the Interstate BILLING CODE 6717±01±M Highway 10 Kiln-DeLisle exit; parking Administration. facilities for 3,500 vehicles; stormwater 4. The scoping meeting will be held detention ponds; and three entrance on November 21, 2000 at the DeLisle DEPARTMENT OF ENERGY road bridges spanning non-tidal Elementary School in DeLisle, wetlands. Water and sewer facilities Mississippi beginning at 6:30 p.m. Federal Energy Regulatory will be constructed by Pine Hills Commission Development Partnership and turned 5. It is anticipated that the DEIS will [Docket No. RP95±409±010] over to Harrison County for operation be made available for public review in summer 2001. and maintenance. The proposed project Northwest Pipeline Corporation; Notice will result in the dredging of Ronald A. Krizman, of Compliance Filing approximately 3.2 acres of shallow water bottoms for the casino mooring Chief, Regulatory Branch. October 23, 2000. basin. Approximately 0.033 acre of [FR Doc. 00–27647 Filed 10–26–00; 8:45 am] Take notice that on October 16, 2000, marsh vegetation at the casino basin site BILLING CODE 3710±CR±M Northwest Pipeline Corporation
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(Northwest) tendered for filing as part of Agreement No. 99, under Cinergy Comment date: November 6, 2000, in its FERC Gas Tariff, a number of tariff Operating Companies, Resale of accordance with Standard Paragraph E sheets which apply to the period from Transmission Rights and Ancillary at the end of this notice. February 1, 1996 through February 28, Service Rights, FERC Electric Tariff 5. Consolidated Edison Company of 1997 during which Northwest’s rates as Original Volume No. 8. New York, Inc. established in Docket No. RP95–409 are Cinergy requests an effective date of applicable. The specific tariff sheets are October 9, 2000. [Docket No. ER01–130–000] enumerated in Appendix A of the filing. Comment date: November 3, 2000, in Take notice that on October 16, 2000, Northwest states that the purpose of accordance with Standard Paragraph E Consolidated Edison Company of New this filing is to comply with the at the end of this notice. York, Inc. (Con Edison), tendered for Commission’s June 1, 1999 and filing a Supplement to its Rate Schedule September 29, 2000 orders in Docket 2. Commonwealth Edison Company FERC 117, an agreement to provide No. RP95–409 (Orders). [Docket No. ER01–125–000] interconnection and transmission Northwest states that its compliance Take notice that on October 16, 2000, service to Keyspan/Long Island Power filing is consistent with the Commonwealth Edison Company Authority (Keyspan). The Supplement Commission’s Orders and directives that (ComEd), tendered for filing an provides for a decrease in the annual have been issued with respect to the Interconnection Agreement with Duke fixed rate carrying charges. Docket No. RP95–409 proceeding. Energy Lee, LLC (Duke). Con Edison has requested that this Northwest states that a copy of this decrease take effect as of September 1, filing has been served upon each person ComEd requests an effective date of October 17, 2000 and accordingly seeks 2000. designated on the official service list Con Edison states that a copy of this compiled by the Secretary in this waiver of the Commission’s notice requirements. filing has been served by mail upon proceeding. Keyspan. Copies of the filing were served on Any person desiring to protest said Comment date: November 6, 2000, in Duke and the Illinois Commerce filing should file a protest with the accordance with Standard Paragraph E Commission. Federal Energy Regulatory Commission, at the end of this notice. 888 First Street, NE., Washington, DC Comment date: November 6, 2000, in 20426, in accordance with Section accordance with Standard Paragraph E 6. Cinergy Services, Inc. 385.211 of the Commission’s Rules and at the end of this notice. [Docket No. ER01–131–000] Regulations. All such protests must be 3. PJM Interconnection, L.L.C. Take notice that on October 13, 2000, filed in accordance with Section [Docket No. ER01–128–000] Cinergy Services, Inc. (Cinergy) and 154.210 of the Commission’s American Energy Trading, Inc., are Regulations. Protests will be considered Take notice that on October 16, 2000, requesting a cancellation of Service by the Commission in determining the PJM Interconnection, L.L.C. (PJM), Agreement No. 135, under Cinergy appropriate action to be taken, but will tendered for filing first revised sheet No. Operating Companies, Market-Based not serve to make protestants parties to 87U to its Open Access Transmission Power Sales Tariff—MB, FERC Electric the proceedings. Copies of this filing are Tariff containing revisions to the ‘‘PJM Tariff Original Volume No. 7. on file with the Commission and are Assignment Matrix’’ which governs the Cinergy requests an effective date of available for public inspection in the assignment of costs from PJM’s various October 16, 2000. Public Reference Room This filing may internal divisions to PJM’s unbundled Comment date: November 6, 2000, in be viewed on the web at http:// services. PJM states that the revisions accordance with Standard Paragraph E www.ferc.fed.us/online/rims.htm (call are necessary to reflect an internal at the end of this notice. 202–208–2222 for assistance). reorganization of PJM. Copies of this filing were served upon 7. Cinergy Services, Inc. David P. Boergers, the PJM Members, and the state electric [Docket No. ER01–132–000] Secretary. utility regulatory commissions within [FR Doc. 00–27621 Filed 10–26–00; 8:45 am] Take notice that on October 13, 2000, the PJM control area. Cinergy Services, Inc. (Cinergy) and BILLING CODE 6717±01±M Comment date: November 6, 2000, in American Energy Trading, Inc., accordance with Standard Paragraph E tendered for filing a request for at the end of this notice. DEPARTMENT OF ENERGY cancellation of Service Agreement No. 4. Consolidated Edison Company of 135, under Cinergy Operating Federal Energy Regulatory New York, Inc. Companies, Cost-Based Power Sales Commission Tariff—CB, FERC Electric Tariff Original [Docket No. ER01–129–000] Volume No. 6. [Docket No. ER01±111±000, et al.] Take notice that on October 16, 2000, Cinergy requests an effective date of Cinergy Services, Inc., et al.; Electric Consolidated Edison Company of New October 16, 2000. Rate and Corporate Regulation Filings York, Inc. (Con Edison), tendered for Comment date: November 6, 2000, in filing a Supplement to its Rate accordance with Standard Paragraph E October 19, 2000. Schedule, Con Edison Rate Schedule at the end of this notice. Take notice that the following filings FERC No. 130, a facilities agreement 8. Cinergy Services, Inc. have been made with the Commission: with the New York Power Authority (NYPA). [Docket No. ER01–133–000] 1. Cinergy Services, Inc. Con Edison has requested that the Take notice that on October 16, 2000, [Docket No. ER01–111–000] Supplement take effect as of September Cinergy Services, Inc. (Cinergy) and Take notice that on October 13, 2000, 1, 2000. South Jersey Energy Company are Cinergy Services, Inc. (Cinergy) and Con Edison states that a copy of this requesting a cancellation of Service Northern/AES Energy, L.L.C., are filing has been served by mail upon Agreement No. 214, under Cinergy requesting a cancellation of Service NYPA. Operating Companies, Market-Based
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Power Sales Tariff—MB, FERC Electric result of a name change, Delta is Holdings, Inc., an Oregon corporation Tariff Original Volume No. 7. succeeding to the FERC Electric Rate with general offices in Portland, Oregon. Cinergy requests an effective date of Schedule No. 1 of Cobisa-Person PacifiCorp Group Holdings, Inc. is, in October 16, 2000. Limited Partnership, effective turn, a wholly-owned subsidiary of Comment date: November 6, 2000, in September 25, 2000. PacifiCorp, an Oregon corporation and accordance with Standard Paragraph E Comment date: November 6, 2000, in an investor owned electric utility at the end of this notice. accordance with Standard Paragraph E company with general offices in at the end of this notice. Portland, Oregon. PacifiCorp is a 9. Cinergy Services, Inc. subsidiary of ScottishPower plc, a [Docket No. ER01–134–000] 12. Cinergy Services, Inc. public limited corporation organized Take notice that on October 16, 2000, [Docket No. ER01–139–000] under the laws of Scotland. Cinergy Services, Inc. (Cinergy) and Take notice that on October 16, 2000, ScottishPower holds, through South Jersey Energy Company tendered Cinergy Services, Inc. (Cinergy), subsidiaries, all of the common stock of for filing a request for cancellation of tendered for filing the following: (1) A PacifiCorp. The applicant states that it Service Agreement No. 211, under Notice of Letter of Acquisition of Merger will be engaged directly and exclusively Cinergy Operating Companies, Cost- of Citizens Power LLC into Edison in the business of owning an eligible Based Power Sales Tariff—CB, FERC Mission Marketing & Trading; (2) a facility and selling at wholesale at Electric Tariff Original Volume No. 6. Notice of Name Change from Amoco market-based rates electric energy from Cinergy requests an effective date of Energy Trading Corporation to BP the Facility. The facility consists of October 16, 2000. Energy Company; (3) a Notice of Name three NEG Micon Model NM 700/44 Comment date: November 6, 2000, in Change from Williams Energy Services Wind Turbines and related plant accordance with Standard Paragraph E Company to Williams Energy Marketing facilities located on the Bureau of Land at the end of this notice. & Trading Company; and (4) a Notice of Management rights-of-way in Riverside Name Change from Engage Energy US, County, California. 10. Pacific Gas and Electric Company L.P. to Coastal Merchant Energy, L.P. Copies of the application have been [Docket No. ER01–135–000] Cinergy respectfully requests waiver served upon the California Public Utilities Commission, the Oregon Public Take notice that on October 16, 2000, of any applicable regulation to the Utility Commission, the Washington Pacific Gas and Electric Company extent necessary to make the tariff Utilities and Transportation (PG&E) tendered for filing a Generator changes effective as of the date of each Commission, the Idaho Public Utilities Special Facilities Agreement (GSFA) of the listed name changes. Commission, the Public Service between PG&E and Sunrise A copy of the filing was served upon Commission of Utah and the Wyoming Cogeneration and Power Company the affected parties. Public Service Commission, the (Sunrise) providing for Special Facilities Comment date: November 6, 2000, in ‘‘Affected State commissions,’’ and the accordance with Standard Paragraph E and the parallel operation of Sunrise’s Securities and Exchange Commission. generating facility and the PG&E-owned at the end of this notice. Comment date: November 9, 2000, in electric system. 13. New York Independent System accordance with Standard Paragraph E This GSFA permits PG&E to recover Operator, Inc. at the end of this notice. The the ongoing costs associated with Commission will limit its consideration owning, operating and maintaining the [Docket Nos. ER00–3591–000 and ER00– of comments to those that concern the 3591–001] Special Facilities including the cost of adequacy or accuracy of the application. any alterations and additions. As Take notice that on October 16, 2000, detailed in the GSFA, PG&E proposes to Enron Power Marketing, Inc. (EPMI) Standard Paragraphs charge Sunrise a monthly Cost of filed a non-substantive correction to a E. Any person desiring to be heard or Ownership Charge equal to the rate for sentence in the prior version of the to protest such filing should file a transmission-level, customer-financed affidavit of Scott Englander in order to motion to intervene or protest with the facilities in PG&E’s currently effective clarify its meaning. Federal Energy Regulatory Commission, Electric Rule 2, as filed with the Comment date: November 6, 2000, in 888 First Street, NE., Washington, DC California Public Utilities Commission accordance with Standard Paragraph E 20426, in accordance with Rules 211 (CPUC). PG&E’s currently effective rate at the end of this notice. and 214 of the Commission’s Rules of of 0.31% for transmission-level, 14. PPM One LLC Practice and Procedure (18 CFR 385.211 customer-financed Special Facilities is and 385.214). All such motions or contained in the CPUC’s Advice Letter [Docket No. EG01–5–000] protests should be filed on or before the 1960–G/1587–E, effective August 5, Take notice that on October 16, 2000, comment date. Protests will be 1996, a copy of which is included in PPM One LLC filed with the Federal considered by the Commission in this filing. Energy Regulatory Commission an determining the appropriate action to be Copies of this filing have been served Application for Determination of taken, but will not serve to make upon Sunrise and the CPUC. Exempt Wholesale Generator Status protestants parties to the proceeding. Comment date: November 6, 2000, in pursuant to Part 365 of the Any person wishing to become a party accordance with Standard Paragraph E Commission’s Regulations and Section must file a motion to intervene. Copies at the end of this notice. 32 of the Public Utility Holding of these filings are on file with the 11. Delta Person Limited Partnership Company Act of 1935, as amended. The Commission and are available for public applicant, a limited liability company inspection. This filing may also be [Docket No. ER01–138–000] organized under the laws of the State of viewed on the Internet at http:// Take notice that on October 16, 2000, Oregon, is a wholly-owned subsidiary of www.ferc.fed.us/ online/rims.htm (call Delta Person Limited Partnership PacifiCorp Power Marketing, Inc. 202–208–2222 for assistance). Beginning (Delta), tendered for filing Notice of PacifiCorp Power Marketing, Inc., an November 1, 2000, comments and Succession pursuant to Section 35.16 of Oregon corporation, is a wholly-owned protests may be filed electronically via the Commission’s Regulations. As a subsidiary of PacifiCorp Group the internet in lieu of paper. See, 18
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CFR 385.2001(a)(1)(iii) and the ENVIRONMENTAL PROTECTION and Pasco, Polk, Hardee, Lake and instructions on the Commission’s web AGENCY Osceola Counties, FL, Due: November site at http://www.ferc.fed.us/efi/ 07, 2000, Contact: Paul McKee (202) doorbell.htm. [ER±FRL±6612±1] 208–1611. Revision of FR notice published on Environmental Impact Statements; David P. Boergers, 09/08/2000: CEQ Comment Date has Notice of Availability Secretary. been Extended from 10/24/2000 to 11/ [FR Doc. 00–27619 Filed 10–26–00; 8:45 am] Responsible Agency: Office of Federal 07/2000. BILLING CODE 6717±01±P Activities, General Information (202) Dated: October 24, 2000. 564–7167, or www.epa.gov/oeca/ofa, Ken Mittelholtz, Weekly receipt of Environmental Impact Environmental Protection Specialist, Office DEPARTMENT OF ENERGY Statements, Filed October 16, 2000 of Federal Activities. Through October 20, 2000, Pursuant to [FR Doc. 00–27677 Filed 10–26–00; 8:45 am] Federal Energy Regulatory 40 CFR 1506.9. BILLING CODE 6560±50±P Commission EIS No. 000363, Draft EIS, AFS, MT, Ashland, Post-Fire Project, Proposal [Docket No. PL98±1±001] to Implement Restoration Activities to ENVIRONMENTAL PROTECTION Maintain Watershed Custer National AGENCY Public Access to Information and Forest Powder River and Rosebud Electronic Filing; Notice of Electronic Counties, MT, Due: December 11, [ER±FRL±6611±2] Filing Demonstrations 2000, Contact: Elizabeth McFarland Environmental Impact Statements and (406) 784–2344. October 19, 2000. Regulations; Availability of EPA EIS No. 000364, Final EIS, COE, CA, Comments Take notice that the Commission Staff Upper Newport Bay Restoration (Staff) will conduct demonstrations for Project To Develop a Long-Term Availability of EPA comments filing comments electronically Management Plan to Control prepared pursuant to the Environmental (excluding comments on rulemakings). Sediment Deposition Orange County, Review Process (ERP), under Section The electronic filing demonstrations CA, Due: November 27, 2000, Contact: 309 of the Clean Air Act and Section Larry Smith (213) 452–3846. 102(2)(c) of the National Environmental will be held following the Commission EIS No. 000365, Final EIS, FHW, WV, Policy Act as amended. Requests for meetings on October 25, 2000 and VA, WV–9 Improvements, from copies of EPA comments can be directed November 8, 2000. Charles Town Bypass (U.S. 340) to the to the Office of Federal Activities at The demonstration on October 25, Virginia Line, Funding and COE (202) 564–7167. An explanation of the 2000 will be held in Hearing Room 1 Section 404 Permit, Shenandoah ratings assigned to draft environmental and the demonstration on November 8 River, Jefferson Co., WV and Loudoun impact statements (EISs) was published will be held in the Commission Meeting Co., VA, Due: December 04, 2000, in FR dated April 14, 2000 (65 FR Room at the Federal Energy Regulatory Contact: Thomas J. Smith (304) 347– 20157). 5928. Commission, 888 First Street, NE., Draft EISs Washington, DC 20426. EIS No. 000366, Final EIS, COE, CA, ERP No. D–COE–H36109–MO Rating The electronic filing demonstrations Santa Ana River Mainstem Project Including Santiago Creek, Proposal to EO2, Chesterfield Valley Flood Control are open to all interested persons. Complete Channel Improvements Study, Improvement Flood Protection, The Capitol Connection will offer the along San Timoteo Creek Reach 3B to City of Chesterfield, St. Louis County, electronic filing demonstration on provide Flood Protection, San MO. November 8, 2000, as a special FERC Bernardino County, CA, Due: Summary: EPA raised objections, meeting, live over the Internet as well as November 27, 2000, Contact: Joy noting that significant floodplain via telephone and satellite. For a Jaiswal (213) 452–3871. management issues exist. EPA reasonable fee, you can receive the EIS No. 000367, Final EIS, COE, NC, encouraged the Corps to reevaluate demonstration in your office, at home or Dare County Beaches (Bodie Island alternatives to lessen impacts. anywhere in the world. To find out Portion) Hurricane Wave Protection ERP No. D–COE–K36134–CA Rating 3, more about The Capitol Connection’s and Beach Erosion Control, The towns Murrieta Creek Flood Control and live Internet, phone bridge or satellite of Nags Head, Kill Devil Hills, Kitty Protection, Implementation, Riverside coverage, contact David Reininger or Hawk, Dare County, NC, Due: County, CA. Julia Morelli at (703) 993–3100 or visit November 27, 2000, Contact: Chuck Summary: EPA stated that the draft Capital Connection’s website at Wilson (910) 251–4746. EIS failed to adequately assess www.capitolconnection.gmu.edu). The EIS No. 000368, Final EIS, COE, AZ, Rio potentially significant environmental impacts of the proposed project. EPA Capitol Connection also offers FERC de Flag Flood Control Study, believes that the proposed project Open Meetings through its Washington, Improvement Flood Protection, City would result in significant unmitigated DC area television service. of Flagstaff, Coconino County, AZ, Due: November 27, 2000, Contact: impacts to wetlands and other waters of David Boergers, Tim Smith (202) 761–4172. the U.S., important wildlife habitat, and air quality and that alternatives exist Secretary. Amended Notices [FR Doc. 00–27620 Filed 10–26–00; 8:45 am] that would reduce these impacts, EIS No. 000307, Draft EIS, FRC, AL, FL, provide flood protection, and restore BILLING CODE 6717±01±M Buccaneer Natural Gas Pipeline and enhance Murrieta Creek within the Project, Construction and Operations, proposed project area. EPA has To Deliver Natural Gas for Electric determined that this project as proposed Power Generation, Mobile County, AL is not consistent with or otherwise in
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Decision include a commitment that Wednesday sessions begin at 8:00 am FEDERAL COMMUNICATIONS allocation of water to San Juan River and end at 5:30 pm. COMMISSION Basin users of federal facilities in the ADDRESSES: The meeting will be held at event of a shortage for fish flows will be Notice of Public Information reduced equitably, including the project the Hyatt Regency Sacramento, 1209 L Collection(s) Being Reviewed by the beneficiaries of the Animas-La Plata Street, Sacramento, California 95814. Federal Communications Commission, Project. FOR FURTHER INFORMATION CONTACT: Comments Requested ERP No. FS–UAF–G11031–TX Michael Walsh, U.S. EPA Office of October 20, 2000. Programmatic EIS—Kelly Air Force Base Pesticide Programs (7506C), 1200 SUMMARY: The Federal Communications (AFB) Disposal and Reuse, New and Pennsylvania Avenue NW, Washington, Commission, as part of its continuing Updated Information, Joint Military and DC 20460. Telephone: (703) 308–2972. effort to reduce paperwork burden Civil Use of the Runway and other e-mail: [email protected]. invites the general public and other Airfield Facilities, Joint Use Agreement, SUPPLEMENTARY INFORMATION: Federal agencies to take this Bexar County, San Antonio, TX. opportunity to comment on the Summary: EPA has no further I. Does this Action Apply to Me? following information collection, as comments to offer and awaits receipt of required by the Paperwork Reduction the Record of Decision. This action is directed to the public Act of 1995, Public Law 104–13. An Dated: October 24, 2000. in general, however, the size of the agency may not conduct or sponsor a Ken Mittelholtz, meeting facilities could limit the collection of information unless it number of participants. This action may Environmental Protection Specialist, Office displays a currently valid control of Federal Activities. be of interest to farm worker groups, number. No person shall be subject to [FR Doc. 00–27678 Filed 10–26–00; 8:45 am] agricultural employers, state any penalty for failing to comply with governments, county extension services, BILLING CODE 6560±50±P a collection of information subject to the and pesticide product manufacturers. If Paperwork Reduction Act (PRA) that you have any questions regarding the does not display a valid control number. ENVIRONMENTAL PROTECTION applicability of this action to a Comments are requested concerning (a) AGENCY particular entity, consult the party listed whether the proposed collection of under FOR FURTHER INFORMATION information is necessary for the proper [OPP±00686; FRL±6752±3] CONTACT. performance of the functions of the Commission, including whether the II. How Can I Get Copies of this National Assessment of the Worker information shall have practical utility; Document? Protection Program - Workshop #2; (b) the accuracy of the Commission’s Notice of Public Meeting Electronically. You may obtain burden estimate; (c) ways to enhance electronic copies of this document, and the quality, utility, and clarity of the AGENCY: Environmental Protection information collected; and (d) ways to Agency (EPA). certain other related documents that might be available electronically, from minimize the burden of the collection of ACTION: Notice of public meeting. the EPA Internet Home Page at http:// information on the respondents, including the use of automated SUMMARY: The National Assessment of www.epa.gov/. You may also go directly to the Federal Register listings at http:/ collection techniques or other forms of the Worker Protection Program information technology. Workshop #2 will be held in /www.epa.gov/fedrgstr/. DATES: Written comments should be Sacramento, California. Workgroups III. How Can I Participate in this submitted on or before December 26, will be established to further discuss Meeting and is there a Deadline? 2000. If you anticipate that you will be national worker protection submitting comments, but find it implementation andprogram You may request to participate in this difficult to do so within the period of effectiveness as related to training, meeting and register by phone, by fax, time allowed by this notice, you should enforcement, compliance and through the mail, or electronically by no advise the contact listed below as soon retaliation, and communications. This is later than November 14, 2000. Since as possible. the second in a series of workshops and space is limited, we recommend ADDRESSES: Direct all comments to Les represents an opportunity for EPA, registering as soon as possible. Please Smith, Federal Communications states, agricultural employers and contact Meetings Management, Inc., Commissions, 445 12th Street, SW, worker representatives to engage in P.O. Box 30045, Alexandria, Virginia problem solving workgroup discussions. Room 1–A804, Washington, DC 20554 22310, Tel: (703) 922–7944, Fax: (703) or via the Internet to [email protected]. In cooperation with the National 922–7780, e-mail: FOR FURTHER INFORMATION CONTACT: For Environmental Education and Training [email protected]. Please also additional information or copies of the Foundation, the Office of Pesticide note that you must make your own hotel information collections contact Les Programs is hosting this national room reservations. assessment meeting to further discuss Smith at (202) 418–0217 or via the the agricultural worker protection List of Subjects Internet at [email protected]. regulation, the implementation and SUPPLEMENTARY INFORMATION: Environmental protection, effectiveness of its provisions, the OMB Approval No.: 3060–0405. agricultural worker protection. enforcement at the state level, and the Title: Application for Authority to possible future directions for the Dated: October 19, 2000. Construct or Make Changes in an FM program. Anne E. Lindsay, Translator or FM Booster Station. Form No.: FCC 349. DATES: December 11–13, 2000. The Director, Field and External Affairs Division, Type of Review: Extension of workshop is scheduled to begin at 12:30 Office of Pesticide Programs. currently approved collection. pm on Monday, December 11 and will [FR Doc. 00–27663 Filed 10–26–00; 8:45 am] Respondents: Businesses or other for- conclude at 5:30 pm. The Tuesday and BILLING CODE 6560±50±S profit, Not-for-profit institutions.
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Number of Respondents: 1,050. TV and DTV broadcast station, or to Section 73.202 was revised to provide Estimated Hours Per Response: 5–19 make changes in the existing facilities of that entities that would be eligible to hours depending on application type such a station. The FCC 340 is to be operate a noncommercial educational (1–3 hours applicant burden; 4–17 used for channels that are reserved broadcast station can request that a hours contract costs). exclusively for NCE use. This collection nonreserved FM channel be allotted as Frequency of Response: On occasion. also includes the third party disclosure reserved only for NCE broadcasting. Cost to Respondents: $2,689,500. requirement of Section 73.3580 which This request must include a Estimated Total Annual Burden requires local public notice in a demonstration as specified in (a)(1)(i) Hours: 2750. newspaper of general circulation of the and (ii) of this rule section. Needs and Uses: FCC 349 is used to filing of all applications for new or Section 73.3527 was revised to apply for authority to construct a new major changes in facilities. In addition, include that documentation of any FM translator or FM booster broadcast all mutually exclusive NCE proposals points claimed in an application for a station, or to make changes in the for the reserved band currently on file NCE broadcast station in the reserved existing facilities of such stations. This with the Commission will be required to band must be kept in the public collection also includes the third party supplement their applications with inspection file. disclosure requirement of Section portions of the revised FCC 340 73.3580. This section requires local necessary to make a selection under the Section 73.3572 was revised to public notice in a newspaper of general new point system. The Commission will require an application for a NCE circulation of the filing of all issue a public notice announcing the broadcast station on a reserved channel applications for new or major change in procedures to be used in this process. to submit to the FCC’s public reference facilities. This notice must be completed The data are used by FCC staff to room supporting documentation of the within 30 days of the tendering of the determine whether the applicant meets points claimed in its application form. application. This notice must be basic statutory requirements to become The demonstration provided with the published at least twice a week for two or remain a Commission licensee and to request for an allotment is used by FCC consecutive weeks in a three-week ensure that the public interest would be staff to determine whether there is a period. A copy of this notice must be served by grant of the application. In the greater need for a noncommercial placed in the public inspection file case of mutually exclusive qualified channel versus a commercial channel. along with the application. In addition, applicants, the information will be used The availability of supporting all mutually exclusive NCE proposals to determine which proposal would best documentation concerning points for the reserved band currently on file serve the public interest. claimed will enable any involved party with the Commission will be required to OMB Approval No.: 3060–0948. to verify and/or dispute that claim and supplement their applications with Title: MM Docket No. 95–31— will enable the Commission to do portions of the revised FCC 349 Noncommercial Rules. random audits of the applicant point necessary to make a selection under the Form No.: None. certifications. new point system. The Commission will Type of Review: Extension of OMB Approval No.: 3060–0897. issue a public notice announcing the currently approved collection. procedures to be used in this process. Title: MDS and ITFS Two-Way Respondents: Not-for-profit Transmissions. The data are used by FCC staff to ensure institutions. that the applicant meets basic statutory Number of Respondents: 435. Form No.: None. requirements and will not cause Estimated Hours Per Response: 0.25– Type of Review: Extension of interference to other licensed broadcast 3 hours (depending on application type currently approved collection. services. In the case of mutually (0.25–2 hours applicant burden; 1–2 Respondents: Businesses or other for- exclusive qualified applicants, the hours contract costs). profit, not-for-profit institutions. information will be used to determine Frequency of Response: On occasion. which proposal would best serve the Cost to Respondents: $33,750. Number of Respondents: 130,888. public interest. Estimated Total Annual Burden Estimated Hours Per Response: 0.083– OMB Approval No.: 3060–0034. Hours: 485. 41 hours (depending on application Title: Application for Construction Needs and Uses: On April 4, 2000, the type (0.166–40 hours applicant burden; Permit for Reserved Channel Commission adopted a Report and 0.166–5.25 hours contract costs). Noncommercial Educational Broadcast Order in MM Docket No. 95–31 in the Frequency of Response: On occasion. Station. Matter of Reexamination of the Cost to Respondents: $5,431,032. Form No.: FCC 340. Comparative Standards for Type of Review: Extension of Noncommercial Educational Estimated Total Annual Burden currently approved collection. Applicants. This Report and Order Hours: 223,355. Respondents: Not-for-profit adopted new procedures to select Needs and Uses: This collection institutions. among competing applicants for includes rules that collectively form the Number of Respondents: 1970. noncommercial educational (NCE) MDS and ITFS two-way services. The Estimated Hours Per Response: 15–76 broadcast channels. The Commission rules for two-way transmissions for hours depending on application type will use a point system to select among MDS and ITFS will allow two-way (2–4 hours applicant burden; 13–68 mutually exclusive applicants on licensing and provide greater flexibility hours contract costs). reserved channels, to streamline the in the use of the allotted spectrum to Frequency of Response: On occasion. current selection process and make it licensees. The Commission will use this Cost to Respondents: $8,200,645. faster and simpler for applicants and for information to ensure that MDS and Estimated Total Annual Burden the Commission. The Commission will ITFS applicants, conditional licensees Hours: 4370. use filing windows for new and major and licensees have considered properly Needs and Uses: FCC 340 is used to changes to NCE stations. In addition, the under the Commission’s rules the apply for authority to construct a new following rule sections were revised that potential for harmful interference from noncommercial educational (NCE) FM, include new information collections: their facilities.
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Federal Communications Commission. alternative methods for obtaining information for writing and rating Magalie Roman Salas, necessary risk and elevation information applications for flood insurance under Secretary. to rate flood insurance policies. The the NFIP. The primary flood risk [FR Doc. 00–27674 Filed 10–26–00; 8:45 am] goal of the forum is to foster the characteristics shown on the FIRMs are BILLING CODE 6712±01±U development of a desktop system that the areas inundated by the one percent supports the actuarial rating of a flood annual probability flood and the insurance policy and the floodplain elevation relative to the mean sea level FEDERAL COMMUNICATIONS management requirements of the to which the floodwaters will rise. The COMMISSION National Flood Insurance Program. We latter is the Base Flood Elevation (BFE). seek a solution that makes the risk, base Elevation of the Structure. Individual [Report No. 2447] flood elevation and lowest floor property owners, through licensed Petitions for Reconsideration and elevation data necessary to rate a flood surveyors and engineers, provide the Clarification of Action in Rulemaking insurance policy available to agents at elevation information needed to guide Proceedings their desks. floodplain construction and to rate DATES: We will hold the forum on insurance applications. The elevation October 19, 2000. December 13, 2000. certificate contains this information, Petitions for Reconsideration and Please send written responses to the which shows the elevation relative to Clarification have been filed in the ideas and questions that we pose by the mean sea level of the lowest floor of Commission’s rulemaking proceedings November 27, 2000. a structure or lowest floor elevation listed in this Public Notice and ADDRESSES: We will hold the forum in (LFE). The community must ensure that published pursuant to 47 CFR Section the Horizon Ballroom of the the LFE of a new structure built in the 1.429(e). The full text of this document 1 International Trade Center, Ronald Special Flood Hazard Area (SFHA) is available for viewing and copying in Reagan Building, 1300 Pennsylvania after the effective date of a FIRM is at Room CY–A257, 445 12th Street, S.W., Avenue, NW., Washington, DC 20004. or above the BFE shown on the FIRM. Washington, D.C. or may be purchased Please send written responses to The insurance agent writing an from the Commission’s copy contractor, Edward Pasterick at the address application for flood insurance on the ITS, Inc. (202) 857–3800. Oppositions to immediately below. structure must calculate the difference these petitions must be filed by FOR FURTHER INFORMATION CONTACT: between the BFE and the LFE to (November 13, 2000. See Section Edward Pasterick, Federal Insurance determine the proper rate for coverage. 1.4(b)(1) of the Commission’s rules (47 As a condition of its participation in the CFR 1.4(b)(1)). Replies to an opposition Administration, Federal Emergency Management Agency, 500 C Street, SW., NFIP the community must maintain this must be filed within 10 days after the elevation information in its records. time for filing oppositions have expired. Washington DC 20472, (202) 646–3443, or (email) [email protected]. Structural Characteristics. The Subject: Redesignation of the 17.7– insurance agent obtains the relevant SUPPLEMENTARY INFORMATION: 19.7 GHz Frequency Band, Blanket structural characteristics from the Licensing of Satellite Earth Stations in Background insured. For example, the property the 17.7–20.2 GHz and 27.5–30.0 GHz The National Flood Insurance owner can supply information about the Frequency Bands, and the Allocation of number of floors, occupancy type, date Additional Spectrum in the 17.3–17.8 Program (NFIP) provides coverage against flood damage to property owners of construction, etc. to the agent. GHz and 24.75–25.25 GHz Frequency Several factors currently affect the in communities that agree to adopt and Bands for Broadcast Satellite-Service ease of writing flood insurance: enforce regulations designed to ensure Use (IB Docket No. 98–172, RM–9005, • Access to flood risk information is safer future construction of buildings in RM–9118). more difficult for insurance agents than high-risk flood zones. The provision of Number of Petitions Filed: 4. the risk information other lines of insurance, the regulation of the Subject: Implementation of Video property insurance need. Since the floodplain and the enforcement of the Description of Video Programming (MM flood zone and BFE needed for rating mandatory purchase requirements Docket No. 99–339). are on the community’s FIRM, agents depend on three things: Number of Petitions Filed: 8. must maintain a paper copy of every • Flood risk information or certain Federal Communications Commission. effective FIRM for the communities in key information about the nature and Magalie Roman Salas, which they write policies. Locating a extent of the flood risk in a given area, Secretary. • Elevation of the structure, and property on the paper copy of the FIRM [FR Doc. 00–27586 Filed 10–26–00; 8:45 am] • Structural characteristics, such as has been a problem for agents from the BILLING CODE 6712±01±M the number of floors and occupancy outset of the NFIP, a problem that we type. have not diminished substantially over Flood Risk Information. The Federal the years. Flood Zone Determination FEDERAL EMERGENCY Emergency Management Agency (FZD) companies and some Write Your MANAGEMENT AGENCY (FEMA) provides flood-zone Own (WYO) companies digitize much of information in the form of a Flood the information on the FIRMs and now National Flood Insurance Program; Insurance Study and Flood Insurance provide this information to some agents. Desktop Rating of Flood Insurance Rate Map (FIRM). The FIRM outlines However, zone information is far from Policies the degree and extent of the flood risk 1 The Special Flood Hazard Area is an area of AGENCY: Federal Emergency in a given jurisdiction and serves as the land that would be inundated by a flood having a Management Agency (FEMA). guiding document for communities in one percent chance of occurring in any given year ACTION: Notice of forum with request for the regulation of floodplain construction (also referred to as the base or 100-year flood). and for lenders in enforcing the Flood insurance is required for insurable structures ideas and participants. within the SFHA to protect Federal financial mandatory purchase requirements. It investments and assistance used for acquisition SUMMARY: We (FEMA) will hold a forum also serves insurance companies and and/or construction purposes within communities on the feasibility of identifying agents as the source of needed risk participating in the NFIP.
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Small businesses are affected. Annual reporting hours: 2,085 hours. same instruments for which positions General description of report: This Estimated average hours per response: are reported on the FR 2004A. The FR information collection is voluntary (12 5.11. 2004C collects data as of Wednesday of U.S.C. 248 (a)(2), 353–359, and 461(c)). Number of respondents: 24. each week on the amounts of dealer Completing the FR 2004 reports by Small businesses are not affected. financing and fails. The FR 2004SI nondepository institutions is not a General description of report: This collects data as of Wednesday of each mandatory obligation, and it may be information collection is mandatory (15 week on outright, financing, options, deemed to be voluntary; however, it is U.S.C. 781(i)) and is not given and fails positions in current or on-the- required to be completed by those confidential treatment. run issues. Under certain circumstances nondepository institution dealers who Abstract: The Federal Reserve’s FR 2004SI data can also be collected on desire to be primary dealers. Individual Regulation H requires certain state a daily basis for on-the-run and off-the- respondent data are regarded as member banks to submit information run securities. confidential under the Freedom of relating to their securities to the Board Current actions: The staff proposes Information Act (5 U.S.C. 552(b)(4)). of Governors of the Federal Reserve several revisions to the reports to Abstract: The FR 2004WI collects System on the same forms that bank address changes in the market daily information on a next-business- holding companies and nonbank conditions. Futures and options data are day basis on positions in to-be-issued entities use to submit similar being deleted from the FR 2004A, B, and Treasury coupon securities, mainly the information to the Securities and SI because few dealers report much trading on a when-issued delivery basis. Exchange Commission (SEC). The activity in this area and these data have 4. Report title: Semiannual Report of information is primarily used for public proved to be of limited use in market Derivatives Activity. disclosure and is available to the public surveillance. Items are being added to Agency form number: FR 2436. upon request. the FR 2004A and B to gain a better OMB control number: 7100–0286. Proposal to approve under OMB picture of the corporate securities Frequency: Semiannual. delegated authority the extension for markets. Items are being consolidated Reporters: large U.S. dealers of over- three years, with revision of the on the FR 2004C because the the-counter (OTC) derivatives. following reports: transactions categories currently Annual reporting hours: 1,800 hours. 1. Report title: The Government reported have not provided significant Estimated average hours per response: Securities Dealers Reports: The Weekly insight into the functioning of funding 100. Report of Dealer Positions (FR 2004A), markets and, therefore, add reporting Number of respondents: 9. The Weekly Report of Cumulative burden without adequate benefit. The Small businesses are not affected. Dealer Transactions (FR 2004B), The revised reporting forms would be General description of report: This Weekly Report of Dealer Financing and implemented as of July 4, 2001, and information collection is voluntary (12 Fails (FR 2004C), and The Weekly would impose 22 percent less burden on U.S.C. 248 (a), 353–359, and 461) and is Report of Specific Issues (FR 2004SI). respondents. given confidential treatment (5 U.S.C. Agency form number: FR 2004. 552(b)(4)). OMB control number: 7100–0003. Board of Governors of the Federal Reserve Abstract: The FR 2436 collects Frequency: Weekly. System, October 23, 2000. derivatives market statistics from a Reporters: Primary dealers in the U.S. Jennifer J. Johnson, sample of nine large U.S. dealers of government securities market. Secretary of the Board. over-the-counter (OTC) derivatives. Data Annual reporting hours: 14,239 hours. [FR Doc. 00–27604 Filed 10–26–00; 8:45 am] are collected on notional amounts and Estimated average hours per response: BILLING CODE 6210±01±P gross market values of the volumes of FR 2004A, 1.5 hours; FR 2004B, 2 hours; broad categories of foreign exchange, FR 2004 C 1.5 hours; FR 2004SI, 3 interest rate, equity- and commodity- hours. FEDERAL RESERVE SYSTEM linked OTC derivatives instruments Number of respondents: 29 dealers. across a range of underlying currencies, Small businesses are affected. Change in Bank Control Notices; interest rates, and equity markets. General description of report: This Acquisitions of Shares of Banks or This collection of information information collection is voluntary (12 Bank Holding Companies complements the ongoing triennial U.S.C. 248 (a)(2), 353–359, and 461(c)). Survey of Foreign Exchange and Completing the FR 2004 reports by The notificants listed below have Derivatives Market Activity (FR 3036). nondepository institutions is not a applied under the Change in Bank The FR 2436 collects similar data on the mandatory obligation, and it may be Control Act (12 U.S.C. 1817(j)) and outstanding volume of derivatives, but deemed to be voluntary; however, it is § 225.41 of the Board’s Regulation Y (12 not on derivatives turnover. As with the required to be completed by those CFR 225.41) to acquire a bank or bank FR 3036, the Federal Reserve conducts nondepository institution dealers who holding company. The factors that are this report in coordination with other desire to be primary dealers. Individual considered in acting on the notices are central banks and forwards the respondent data are regarded as set forth in paragraph 7 of the Act (12 aggregated data furnished by U.S. confidential under the Freedom of U.S.C. 1817(j)(7)). reporters to the Bank of International Information Act (5 U.S.C. 552(b)(4)). The notices are available for Settlements (BIS), which publishes Abstract: The FR 2004A collects data immediate inspection at the Federal global market statistics that are as of Wednesday of each week on Reserve Bank indicated. The notices aggregations of national data. dealers’ outright positions in Treasury also will be available for inspection at 5. Report title: Reports Related to and other marketable debt securities as the offices of the Board of Governors. Securities Issued by State Member well as their positions in futures and Interested persons may express their Banks as Required by Regulation H. options on underlying marketable debt views in writing to the Reserve Bank Agency form number: Reg H–1. securities. The FR 2004B collects data indicated for that notice or to the offices OMB control number: 7100–0091. cumulated for the week ended of the Board of Governors. Comments Frequency: On occasion. Wednesday on the volume of must be received not later than Reporters: State member banks. transactions made by dealers in the November 13, 2000.
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A. Federal Reserve Bank of A. FEDERAL RESERVE BANK OF DALLAS conducted throughout the United States. Richmond (A. Linwood Gill, III, Vice (W. Arthur Tribble, Vice President) 2200 Additional information on all bank President) 701 East Byrd Street, North Pearl Street, Dallas, Texas 75201– holding companies may be obtained Richmond, Virginia 23261–4528: 2272: from the National Information Center 1. James L. Pitrolo, Jr., John B. Pitrolo, 1. OSB Delaware Financial Services, website at www.ffiec.gov/nic/. Janice M. Cota, and Joyce E. Keefover; Inc., Dover, Delaware, and OSB Unless otherwise noted, comments all of Mannington, West Virginia; to Financial Services, Inc., Orange, Texas; regarding each of these applications acquire additional voting shares of to become bank holding companies by must be received at the Reserve Bank Heritage Bancshares, Inc., Mannington, acquiring 100 percent of the voting indicated or the offices of the Board of West Virginia, and thereby indirectly shares of Orange Savings Bank, SSB, Governors not later than November 24, acquire additional voting shares of First Orange, Texas. 2000. Exchange Bank, Mannington, West 2. Southwest Bancorporation of A. Federal Reserve Bank of Chicago Virginia. Texas, Inc., Houston, Texas, and (Phillip Jackson, Applications Officer) Southwest Holding Delaware, 230 South LaSalle Street, Chicago, Board of Governors of the Federal Reserve Wilmington, Delaware; to merge with Illinois 60690–1414: System, October 24, 2000. Citizens Bankers, Inc., Baytown, Texas, 1. Mid-Iowa BancShares, Co., Algona, Robert deV. Frierson, and Citizens Bankers of Delaware, Inc., Iowa; to merge with Ruthven Associate Secretary of the Board. Wilmington, Delaware, and thereby Investment, Ltd., Ruthven, Iowa, and [FR Doc. 00–27676 Filed 10–26–00; 8:45 am] indirectly acquire voting shares of thereby indirectly acquire voting shares BILLING CODE 6210±01±P Citizens Bank and Trust Company of of Ruthven State Bank, Ruthven, Iowa. Baytown, Texas, Baytown, Texas; 2. First Bancorp of Taylorville, Inc., Baytown State Bank, Baytown, Texas; Taylorville, Illinois; to acquire 100 FEDERAL RESERVE SYSTEM Pasadena State Bank, Pasadena, Texas; percent of the voting shares of The First and First National Bank of Bay City, Bay National Bank of Mt. Auburn, Mt. Formations of, Acquisitions by, and City, Texas. Auburn, Illinois. Mergers of Bank Holding Companies B. Federal Reserve Bank of San Board of Governors of the Federal Reserve Francisco (Maria Villanueva, Consumer The companies listed in this notice System, October 23, 2000. Regulation Group) 101 Market Street, have applied to the Board for approval, Robert deV. Frierson, San Francisco, California 94105–1579: pursuant to the Bank Holding Company Associate Secretary of the Board. 1. Humboldt Bancorp, Eureka, Act of 1956 (12 U.S.C. 1841 et seq.) [FR Doc. 00–27606 Filed 10–26–00; 8:45 am] California; to merge with Tehama (BHC Act), Regulation Y (12 CFR Part BILLING CODE 6210±01±P Bancorp, Red Bluff, California, and 225), and all other applicable statutes thereby indirectly acquire voting shares and regulations to become a bank of Tehama Bank, Red Bluff, California. holding company and/or to acquire the FEDERAL RESERVE SYSTEM 2. New Corporation, Oakland, assets or the ownership of, control of, or California; to become a bank holding the power to vote shares of a bank or Formations of, Acquisitions by, and Mergers of Bank Holding Companies company by acquiring 100 percent of bank holding company and all of the the voting shares of Met Financial banks and nonbanking companies The companies listed in this notice Corporation, Oakland, California, and owned by the bank holding company, have applied to the Board for approval, thereby indirectly acquire voting shares including the companies listed below. pursuant to the Bank Holding Company of Metropolitan Bank, Oakland, The applications listed below, as well Act of 1956 (12 U.S.C. 1841 et seq.) California. as other related filings required by the (BHC Act), Regulation Y (12 CFR Part 3. UFJ Holdings, Inc. (in formation), Board, are available for immediate 225), and all other applicable statutes Osaka, Japan; to become a bank holding inspection at the Federal Reserve Bank and regulations to become a bank company by acquiring 100 percent of indicated. The application also will be holding company and/or to acquire the the voting shares of The Sanwa Bank, available for inspection at the offices of assets or the ownership of, control of, or Limited, Osaka, Japan, and thereby the Board of Governors. Interested the power to vote shares of a bank or indirectly acquire Sanwa Bank persons may express their views in bank holding company and all of the California, San Francisco, California, writing on the standards enumerated in banks and nonbanking companies and The Tokai Bank, Limited, Nagoya, the BHC Act (12 U.S.C. 1842(c)). If the owned by the bank holding company, Japan, and thereby acquire Tokai Bank proposal also involves the acquisition of including the companies listed below. of California, Los Angeles, California. a nonbanking company, the review also The applications listed below, as well In connection with this application, includes whether the acquisition of the as other related filings required by the Applicant also has applied to acquire nonbanking company complies with the Board, are available for immediate Sanwa Financial Products Co., L.L.C, standards in section 4 of the BHC Act inspection at the Federal Reserve Bank New York, New York, and thereby (12 U.S.C. 1843). Unless otherwise indicated. The application also will be engage in derivative product noted, nonbanking activities will be available for inspection at the offices of transactions as an originator and as a conducted throughout the United States. the Board of Governors. Interested principal, pursuant to § 225.28(b)(7) of Additional information on all bank persons may express their views in Regulation Y; and thereby indirectly holding companies may be obtained writing on the standards enumerated in acquire Sanwa Futures, L.L.C, Chicago, from the National Information Center the BHC Act (12 U.S.C. 1842(c)). If the Illinois, and thereby engage in the website at www.ffiec.gov/nic/. proposal also involves the acquisition of execution and clearance, on various Unless otherwise noted, comments a nonbanking company, the review also futures exchanges, of futures and regarding each of these applications includes whether the acquisition of the options contracts, pursuant to must be received at the Reserve Bank nonbanking company complies with the § 225.28(b)(7) of Regulation Y; Sanwa indicated or the offices of the Board of standards in section 4 of the BHC Act Universal Securities Co., L.L.C., New Governors not later than November 20, (12 U.S.C. 1843). Unless otherwise York, New York, and thereby engage in 2000. noted, nonbanking activities will be broker dealer activities and to a limited
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DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: of modified-release dosage forms; (2) eliminating multiple dose BE studies for HUMAN SERVICES I. Background modified-release dosage forms; (3) Food and Drug Administration FDA is announcing the availability of enabling biowavers for higher strengths a guidance for industry entitled [Docket No. 00D±1513] of immediate-release dosage forms; and ‘‘Bioavailability and Bioequivalence (4) reducing emphasis on measuring Guidance for Industry on Studies for Orally Administered Drug metabolites in BE studies. Bioavailability and Bioequivalence Products—General Considerations.’’ FDA acknowledges the public Studies for Orally Administered Drug This guidance provides concerns about the use of the individual ProductsÐGeneral Considerations; recommendations to sponsors and criterion for BE studies. These concerns Availability applicants intending to provide BA and were also considered in a meeting of the BE information in IND’s, NDA’s, Advisory Committee for Pharmaceutical AGENCY: Food and Drug Administration, ANDA’s, and their supplements that Science on September 23, 1999 HHS. complies with the BA and BE (September 23 meeting). The committee ACTION: Notice. requirements in part 320 (21 CFR part concluded that replicate study designs 320) as it applies to dosage forms should be recommended for modified SUMMARY: The Food and Drug intended for oral administration. release drug products and should be Administration (FDA) is announcing the In September 1999, FDA announced strongly encouraged for other drug availability of a guidance for industry the availability of a draft guidance products, subject to certain exceptions. entitled ‘‘Bioavailability and entitled ‘‘BA and BE Studies for Orally In finalizing the guidance, FDA has Bioequivalence Studies for Orally Administered Drug Products—General followed the advisory committee’s Administered Drug Products—General Considerations’’ (64 FR 48409, recommendations. FDA believes that Considerations.’’ This guidance September 3, 1999). When the draft replicate study designs offer significant provides recommendations to sponsors guidance was published, FDA requested advantages compared to nonreplicate and applicants intending to submit comments on the use of the new criteria. designs. Replicate study designs: (1) bioavailability (BA) and/or A total of 16 public comments were Allow comparison of within-subject bioequivalence (BE) information on received. Most of these comments were variances for the test and reference investigational new drug applications supportive of the recommendations in products; (2) indicate whether a test (IND’s), new drug applications (NDA’s), the draft guidance, but FDA received a product exhibits higher or lower within- abbreviated new drug applications number of comments that expressed subject variability in the BA measures (ANDA’s), and their supplements, to the concern about the use of the individual when compared to the reference Center for Drug Evaluation and Research BE criterion. product; (3) suggest whether a subject- (CDER). This guidance provides general The public comments fell into four by-formulation interaction may be information on how to comply with the general categories as follows: (1) present; (4) provide more information BA and BE requirements for orally Comments on the justification for an about factors underlying formulation administered dosage forms under the individual BE criterion (absence of performance; and (5) reduce the number bioavailability and bioequivalence documentation of public health risk, of subjects needed in the BE study. requirements regulations. It is one of a absence of evidence that subject-by- In accordance with the advisory set of planned core guidances designed formulation interaction is clinically committee’s recommendation, FDA to reduce or eliminate the need for FDA relevant); (2) comments on the burden recommends in the guidance the use of drug-specific guidances. of conducting replicate study designs an average BE criterion for both (recruitment costs, institutional review replicate and nonreplicate studies. A DATES: Submit written comments on further committee conclusion in the agency guidances at any time. board approval, capacity constraints, study delays, increased monitoring for September 23 meeting was that an ADDRESSES: Copies of this guidance for adverse drug reactions, subject individual BE criterion can be used to industry are available on the Internet at dropouts, increased drug exposure, and allow market access of drug products in http://www.fda.gov/cder/guidance/ increased volume of blood collected); compelling circumstances. For this index.htm. Submit written requests for (3) comments on statistical issues reason, the guidance states that sponsors single copies of ‘‘Bioavailability and (aggregate versus disaggregate criterion, have the option to choose an individual Bioequivalence Studies for Orally discontinuity, and mean/variance trade- criterion for highly variable drugs. The Administered Drug Products—General off); and (4) miscellaneous comments use of an individual criterion with Considerations’’ to the Drug Information (experimental aspects of 2-year period reference-scaling in this circumstance Branch (HFD–210), Center for Drug recommended in the notice, absence of can permit a further reduction in the Evaluation and Research, Food and community consensus, barriers to number of subjects in BE studies. Drug Administration, 5600 Fishers international harmonization and Reduction in the number of subjects in Lane, Rockville, MD 20857. Send one globalization). BE studies of highly variable drugs is in self-addressed adhesive label to assist keeping with the basic regulatory that office in processing your requests. II. Discussion principle that no unnecessary human Submit written comments on the Many aspects of this guidance research should be done (§ 320.25(a)(1)). guidance to the Dockets Management represent departures from past practices By continuing to recommend the use Branch (HFA–305), Food and Drug used to document BE. The general of the average BE criterion in most Administration, 5630 Fishers Lane, rm. intent of many of these changes is to circumstances, the agency has 1061, Rockville, MD 20852. reduce the regulatory burden while addressed many of the public comments FOR FURTHER INFORMATION CONTACT: Mei- maintaining sound scientific principles expressing concern about the use of the Ling Chen, Center for Drug Evaluation consistent with public health objectives. individual BE criterion. To avoid a large and Research (HFD–350), Food and Examples of ways these changes might test and reference difference, constraint Drug Administration, 5600 Fishers reduce the regulatory burden include: on the allowable difference has been Lane, Rockville, MD 20857, 301–594– (1) Enabling biowaivers (i.e., waivers of recommended in this guidance. Use of 5688. in vivo BE studies) for lower strengths the individual BE criterion for highly
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Number of × × Hours per respondents Frequency of response response = Burden hours
7,100 1 9 153,900
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Total Estimated Burden Hours: DATES: Comments Due Date: November information and its proposed use; (5) 153,900. 27, 2000. the agency form number, if applicable; Status: Reinstatement, with change. ADDRESSES: Interested persons are (6) what members of the public will be Authority: Section 3507 of the Paperwork invited to submit comments regarding affected by the proposal; (7) how Reduction Act of 1995, 44 U.S.C. 35, as this proposal. Comments should refer to frequently information submissions will amended. the proposal by name and/or OMB be required; (8) an estimate of the total Dated: October 20, 2000. approval number and should be sent to: number of hours needed to prepare the Wayne Eddins, Joseph F. Lackey, Jr., OMB Desk Officer, information submission including Departmental Reports Management Officer, Office of Management and Budget, number of respondents, frequency of Office of the Chief Information Officer. Room 10235, New Executive Office response, and hours of response; (9) [FR Doc. 00–27608 Filed 10–26–00; 8:45 am] Building, Washington, DC 20503. whether the proposal is new, an extension, reinstatement, or revision of BILLING CODE 4210±01±M FOR FURTHER INFORMATION CONTACT: an information collection requirement; Wayne Eddins, Reports Management and (10) the name and telephone Officer, Q, Department of Housing and number of an agency official familiar DEPARTMENT OF HOUSING AND Urban Development, 451 Seventh Street, with the proposal and of the OMB Desk URBAN DEVELOPMENT Southwest, Washington, DC 20410; e- Officer for the Department. [Docket No. FR±4561±N±68] mail [email protected]; telephone (202) 708–2374. This is not a This Notice also lists the following Notice of Submission of Proposed toll-free number. Copies of the proposed information: Information Collection to OMB; 2000 forms and other available documents Title of Proposal: 2000 Survey of Survey of Homeless Residential submitted to OMB may be obtained Homeless Residential Service Providers. Service Providers from Mr. Eddins. OMB Approval Number: 2502–XXXX. Form Numbers: None. AGENCY: Office of the Chief Information SUPPLEMENTARY INFORMATION: The Description of the Need for the Officer, HUD. Department has submitted the proposal Information and its Proposed Use: The ACTION: Notice. for the collection of information, as described below, to OMB for review, as 2000 Survey of Homeless Residential SUMMARY: The proposed information required by the Paperwork Reduction Service Providers will provide collection requirement described below Act (44 U.S.C. Chapter 35). The Notice information about the current operation has been submitted to the Office of lists the following information: (1) The of programs assisting homeless persons Management and Budget (OMB) for title of the information collection in 16 jurisdictions in order to improve review, as required by the Paperwork proposal; (2) the office of the agency to HUD’s ability to assess the success of Reduction Act. The Department is collect the information; (3) the OMB homeless service programs and grantees soliciting public comments on the approval number, if applicable; (4) the Frequency of Submission: One-time. subject proposal. description of the need for the Reporting Burden:
Number of re- × Freqency of × Hours per spondents response response =
Reporting Burden ...... 900 1 1 900
Total Estimated Burden Hours: 900. SUMMARY: The proposed information telephone (202) 708–2374. This is not a Status: New. collection requirement described below toll-free number. Copies of the proposed has been submitted to the Office of forms and other available documents Authority: Section 3507 of the Paperwork Management and Budget (OMB) for submitted to OMB may be obtained Reduction Act of 1995, 44 U.S.C. 35, as amended. review, as required by the Paperwork from Mr. Eddins. Reduction Act. The Department is SUPPLEMENTARY INFORMATION: Dated: October 20, 2000. soliciting public comments on the The Wayne Eddins, subject proposal. Department has submitted the proposal Departmental Reports Management Officer, for the collection of information, as DATES: Comments Due Date: November described below, to OMB for review, as Office of the Chief Information Officer. 27, 2000. [FR Doc. 00–27609 Filed 10–26–00; 8:45 am] required by the Paperwork Reduction ADDRESSES: Interested persons are BILLING CODE 4210±01±M Act (44 U.S.C. Chapter 35). The Notice invited to submit comments regarding lists the following information: (1) The this proposal. Comments should refer to title of the information collection DEPARTMENT OF HOUSING AND the proposal by name and/or OMB proposal; (2) the office of the agency to URBAN DEVELOPMENT approval number (2502–0041) and collect the information; (3) the OMB should be sent to: Joseph F. Lackey, Jr., approval number, if applicable; (4) the OMB Desk Officer, Office of [Docket No. FR±4561±N±69] description of the need for the Management and Budget, Room 10235, information and its proposed use; (5) Notice of Submission of Proposed New Executive Office Building, the agency form number, if applicable; Information Collection to OMB; Washington, DC 20503. (6) what members of the public will be Multifamily Default Status FOR FURTHER INFORMATION CONTACT: affected by the proposal; (7) how Wayne Eddins, Reports Management frequently information submissions will AGENCY: Office of the Chief Information Officer, Q, Department of Housing and be required; (8) an estimate of the total Officer, HUD. Urban Development, 451 Seventh Street, number of hours needed to prepare the Southwest, Washington, DC 20410; e- information submission including ACTION: Notice. mail [email protected]; number of respondents, frequency of
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Number of × Frequency × Hours per Burden respondents of response response = hours
Reporting Burden ...... 387 5 0.166 322
Total Estimated Burden Hours: 322. buildings and real property controlled homeless in accordance with applicable Status: Reinstatement, with change. by such agencies or by GSA regarding law, subject to screening for other Authority: Section 3507 of the Paperwork its inventory of excess or surplus Federal use. At the appropriate time, Reduction Act of 1995, 44 U.S.C. 35, as Federal property. This Notice is also HUD will publish the property in a amended. published in order to comply with the Notice showing it as either suitable/ Dated: October 20, 2000. December 12, 1988 Court Order in available or suitable/unavailable. National Coalition for the Homeless v. For properties listed as suitable/ Wayne Eddins, Veterans Administration, No. 88–2503– unavailable, the landholding agency has Departmental Reports Management Officer, OG (D.D.C.). decided that the property cannot be Office of the Chief Information Officer. Properties reviewed are listed in this declared excess or made available for [FR Doc. 00–27610 Filed 10–26–00; 8:45 am] Notice according to the following use to assist the homeless, and the BILLING CODE 4210±01±M categories: Suitable/available, suitable/ property will not be available. unavailable, suitable/to be excess, and Properties listed as unsuitable will unsuitable. The properties listed in the not be made available for any other DEPARTMENT OF HOUSING AND three suitable categories have been purpose for 20 days from the date of this URBAN DEVELOPMENT reviewed by the landholding agencies, Notice. Homeless assistance providers [Docket No. FR±4557±N±43] and each agency has transmitted to interested in a review by HUD of the HUD: (1) Its intention to make the determination of unsuitability should Federal Property Suitable as Facilities property available for use to assist the call the toll free information line at 1– To Assist the Homeless homeless, (2) its intention to declare the 800–927–7588 for detailed instructions property excess to the agency’s needs, or or write a letter to Clifford Taffet at the AGENCY: Office of the Assistant (3) a statement of the reasons that the address listed at the beginning of this Secretary for Community Planning and property cannot be declared excess or Notice. Included in the request for Development, HUD. made available for use as facilities to review should be the property address ACTION: Notice. assist the homeless. (including zip code), the date of Properties listed as suitable/available publication in the Federal Register, the SUMMARY: This Notice identifies will be available exclusively for landholding agency, and the property unutilized, underutilized, excess, and homeless use for a period of 60 days number. surplus Federal property reviewed by from the date of this Notice. Homeless For more information regarding HUD for suitability for possible use to assistance providers interested in any particular properties identified in this assist the homeless. such property should send a written Notice (i.e., acreage, floor plan, existing FOR FURTHER INFORMATION CONTACT: expression of interest to HHS, addressed sanitary facilities, exact street address), Clifford Taffet, room 7266, Department to Brian Rooney, Division of Property providers should contact the of Housing and Urban Development, Management, Program Support Center, appropriate landholding agencies at the 451 Seventh Street SW., Washington, HHS, room 5B–41, 5600 Fishers Lane, following addresses: COE: Ms. Shirley DC 20410; telephone (202) 708–1234; Rockville, MD 20857; (301) 443–2265. Middleswarth, Army Corps of TTY number for the hearing- and (This is not a toll-free number.) HHS Engineers, Management & Disposal speech-impaired (202) 708–2565 (these will mail to the interested provider an Division, 441 G Street, Washington, DC telephone numbers are not toll-free), or application packet, which will include 20314–1000; (202) 761–7425; GSA: Mr. call the toll-free Title V information line instructions for completing the Brian K. Polly, Assistant Commissioner, at 1–800–927–7588. application. In order to maximize the General Services Administration, Office SUPPLEMENTARY INFORMATION: In opportunity to utilize a suitable of Property Disposal, 18th and F Streets, accordance with 24 CFR part 581 and property, providers should submit their NW., Washington, DC 20405; (202) 501– section 501 of the Stewart B. McKinney written expressions of interest as soon 0052; Interior: Ms. Linda Tribby, Homeless Assistance Act (42 U.S.C. as possible. For complete details Department of the Interior, 1849 C 11411), as amended, HUD is publishing concerning the processing of Street, NW., Mail Stop 5512–MIB, this Notice to identify Federal buildings applications, the reader is encouraged to Washington, DC 20240; (202) 219–0728; and other real property that HUD has refer to the interim rule governing this NAVY: Mr. Charles C. Cocks, Director, reviewed for suitability for use to assist program, 24 CFR part 581. Department of the Navy, Real Estate the homeless. The properties were For properties listed as suitable/to be Policy Division, Naval Facilities reviewed using information provided to excess, that property may, if Engineering Command, Washington HUD by Federal landholding agencies subsequently accepted as excess by Navy Yard, 1322 Patterson Ave., SE., regarding unutilized and underutilized GSA, be made available for use by the Suite 1000, Washington, DC 20374–
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5065; (202) 685–9200; (These are not Land (by State) Status: Unutilized toll-free numbers). Arkansas Reason: Extensive deterioration. Dated: October 20, 2000. 7 acres Florida Fred Karnas, Jr., Army Reserve Bldg. 114 Deputy Assistant Secretary for Special Needs Installation 05572 Naval Air Station Assistance Programs. West Memphis Co: Crittenden AR 72301– Whiting Field Landholding Agency: GSA Milton Co: Santa Rosa FL 32570– TITLE V, FEDERAL SURPLUS PROPERTY Property Number: 54200040003 Landholding Agency: Navy PROGRAM FEDERAL REGISTER REPORT Status: Surplus Property Number: 77200040006 FOR 10/27/00 Comment: 7 acres, subject to existing Status: Underutilized easements; GSA Number: 7–D–AR–0557. Reasons: Within airport runway clear zone; Suitable/Available Properties Nebraska Secured Area. Buildings (by State) Bldg. 133 0.34 acres Naval Air Station Kentucky Offutt AFB Whiting Field Comfort Station adjacent to 36th St. Milton Co: Santa Rosa FL 32570– Carr Creek Lake Proj. Bellevue Co: Sarpy NE 68113– Landholding Agency: Navy Carr Creek Lake Co: KY 00000– Landholding Agency: GSA Property Number: 77200040007 Landholding Agency: COE Property Number: 54200040002 Status: Underutilized Property Number: 31200030004 Status: Surplus Reasons: Within airport runway clear zone; Status: Unutilized Comment: 0.34 acres, subject to existing Secured Area. Comment: 782 sq. ft., concrete block, off-site easements; GSA Number: 7–D–NE–0527. use only. Bldg. 141 Suitable/Unavailable Properties Naval Air Station Massachusetts Buildings (by State) Whiting Field Storage Bldg. Milton Co: Santa Rosa FL 32570– Knightville Dam Road Pennsylvania Landholding Agency: Navy Huntington Co: Hampshire MA 01050– Env. Learning Ctr. Property Number: 77200040008 Landholding Agency: COE Rt. 66/Crooked Creek Dam Status: Underutilized Property Number: 31200030005 Ford City Co: Armstrong PA 16226– Reasons: Within airport runway clear zone; Status: Unutilized Landholding Agency: COE Secured Area. Comment: 480 sq. ft., needs rehab, off-site Property Number: 31200030007 16 Bldgs. use only. Status: Underutilized Naval Air Station North Dakota Comment: 4576 sq. ft., needs rehab. Whiting Field Proj. Office Unsuitable Properties Milton Co: Santa Rosa FL 32570– Lake Ashtabula Location: 142, 151, 153, 156, 164, 170, 171, 2630 114th Ave. Buildings (by State) 176, 178, 180, 182–187 Valley City Co: Barnes ND 58072–9795 Arizona Landholding Agency: Navy Landholding Agency: COE Property Number: 77200040009 Bldg. 958 Status: Underutilized Property Number: 31200030006 Marine Corps Air Station Status: Unutilized Reasons: Within airport runway clear zone; Yuma Co: AZ 85369– Secured Area. Comment: 1272 sq. ft., needs rehab, off-site Landholding Agency: Navy use only. Property Number: 77200040001 11 Bldgs. Washington Status: Excess Naval Air Station Whiting Field Hood Park Residence Reason: Extensive deterioration. Milton Co: Santa Rosa FL 32570– Ice Harbor Dr. Bldg. 1216 Location: 103, 105, 112, 113, 115–119, 121, Burbank Co: Walla Walla WA 99323– Marine Corps Air Station 122 Landholding Agency: COE Yuma Co: AZ 85369– Landholding Agency: Navy Property Number: 31200030008 Landholding Agency: Navy Status: Unutilized Property Number: 77200040010 Property Number: 77200040002 Status: Underutilized Comment: 1100 sq. ft. mobile home, off-site Status: Excess use only. Reasons: Within airport runway clear zone; Reason: Extensive deterioration. Secured Area. Fishhook Park Residence Bldg. 676 Ice Harbor 23 Bldgs. Marine Corps Air Station Naval Air Station Prescott Co: Walla Walla WA 99323– Yuma Co: AZ 85369– Landholding Agency: COE Whiting Field Landholding Agency: Navy Milton Co: Santa Rosa FL 32570– Property Number: 31200030009 Property Number: 77200040003 Status: Unutilized Location: 143–150, 152, 154, 155, 157, 158, Status: Excess 160–163, 165, 166, 168, 169, 179, 181 Comment: mobile home, off-site use only. Reason: Extensive deterioration. Charbonneau Park Residence Landholding Agency: Navy California Ice Harbor Property Number: 77200040011 Burbank Co: Walla Walla WA 99323– Bldg. OT33 Status: Underutilized Landholding Agency: COE Old Town Campus Reasons: Within airport runway clear zone; Property Number: 31200030010 Naval Space & Warfare Systems Secured Area. Status: Unutilized San Diego Co: CA 92132– 5 Bldgs. Comment: 1344 sq. ft. mobile home, off-site Landholding Agency: Navy Naval Air Station use only. Property Number: 77200040004 Whiting Field Levey Park Residence Status: Unutilized Milton Co: Santa Rosa FL 32570– Ice Harbor Reason: Extensive deterioration. Location: 173, 174, 175, 177, 188 Pasco Co: Franklin WA 00000– Bldg. OT–5 Landholding Agency: Navy Landholding Agency: COE Old Town Campus Property Number: 77200040012 Property Number: 31200030011 Naval Space & Warfare Systems Status: Underutilized Status: Unutilized San Diego Co: CA 92132– Reasons: Within airport runway clear zone; Comment: 924 sq. ft. mobile home, off-site Landholding Agency: Navy Secured Area. use only. Property Number: 77200040005 6 Bldgs.
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Naval Air Station Marine Corps Base with hearing or speech impairments Whiting Field Quantico Co: VA 00000– may access that number via TTY by Milton Co: Santa Rosa FL 32570– Landholding Agency: Navy calling the Federal Information Relay Location: 130–132, 134–136 Property Number: 77200040018 Service at (800) 877–8339. Landholding Agency: Navy Status: Excess Property Number: 77200040013 Reason: Extensive deterioration. SUPPLEMENTARY INFORMATION: HUD has the authority to address deficiencies in Status: Underutilized Washington Reasons: Within airport runway clear zone; the performance of lenders’ loans as Secured Area. Fire Barn/Rigger & Loft provided in the HUD mortgagee Grand Coulee Dam Bldgs. 159, 167, 172 approval regulations at 24 CFR 202.3. Grand Coulee Co: Grant WA 99133– Naval Air Station Landholding Agency: Interior On May 17, 1999 (64 FR 26769), HUD Whiting Field published a notice on its procedures for Milton Co: Santa Rosa FL 32570– Property Number: 61200040001 Status: Unutilized terminating origination approval Landholding Agency: Navy agreements with FHA lenders and Property Number: 77200040014 Reason: Extensive deterioration. Status: Underutilized Bldg. 482 placement of FHA lenders on Credit Reasons: Within airport runway clear zone; Puget Sound Naval Shipyard Watch status (an evaluation period). In Secured Area. Bremerton Co: WA 98314–5000 the May 17, 1999 notice, HUD advised 5 Bldgs. Landholding Agency: Navy that it would publish in the Federal Naval Air Station Property Number: 77200040019 Register a list of mortgagees which have Whiting Field Status: Excess had their Origination Approval Milton Co: Santa Rosa FL 32570– Reason: Secured Area. Agreements terminated. Location: 124, 127, 138–140 Bldg. 529 Landholding Agency: Navy Puget Sound Naval Shipyard Termination of Origination Approval Property Number: 77200040015 Bremerton Co: WA 98314–5000 Agreement Status: Underutilized Landholding Agency: Navy Approval of a mortgagee by HUD/ Reasons: Within airport runway clear zone; Property Number: 77200040020 FHA to participate in FHA mortgage Secured Area. Status: Excess Reason: Secured Area. insurance programs includes an 5 Bldgs. Agreement between HUD and the Naval Air Station Land (by State) mortgagee. Under the Agreement, the Whiting Field Milton Co: Santa Rosa FL 32570– District of Columbia mortgagee is authorized to originate Location: 107, 109, 111, 120, 123 Square 62 single family mortgage loans and submit Landholding Agency: Navy 2216 C St., NW them to FHA for insurance Property Number: 77200040016 Washington Co: DC 20037– endorsement. The Agreement may be Status: Underutilized Landholding Agency: GSA terminated on the basis of poor Reasons: Within airport runway clear zone; Property Number: 54200040004 performance of FHA-insured mortgage Secured Area. Status: Excess loans originated by the mortgagee. The 5 Bldgs. Reason: contamination; GSA Number: 4–G– Termination of a mortgagee’s Agreement Naval Air Station DC–0478. is separate and apart from any action Whiting Field [FR Doc. 00–27471 Filed 10–26–00; 8:45 am] taken by HUD’s Mortgagee Review Milton Co: Santa Rosa FL 32570– Location: 102, 104, 106, 108, 110 BILLING CODE 4210±29±M Board under HUD’s regulations at 24 Landholding Agency: Navy CFR part 25. Property Number: 77200040017 Cause Status: Underutilized DEPARTMENT OF HOUSING AND Reasons: Within airport runway clear zone; URBAN DEVELOPMENT HUD’s regulations permit HUD to Secured Area. terminate the Agreement with any [Docket No. FR±4513±N±05] Bldg. 36 mortgagee having a default and claim Naval Station Credit Watch Termination Initiative rate for loans endorsed within the Mayport Co: Duval FL 32228– preceding 24 months that exceeds 200 Landholding Agency: Navy AGENCY: Office of Assistant Secretary for percent of the default and claim rate Property Number: 77200040021 Housing-Federal Housing within the geographic area served by a Status: Unutilized Commissioner, HUD. Reason: Extensive deterioration. HUD field office, and also exceeds the ACTION: Notice. national default and claim rate. For the Bldg. 348 fourth review period, HUD is only Naval Station SUMMARY: This notice advises of the Mayport Co: Duval FL 32228– terminating the Agreement of cause and effect of termination of mortgagees whose default and claim rate Landholding Agency: Navy Origination Approval Agreements taken Property Number: 77200040022 exceeds both the national rate and 300 Status: Unutilized by HUD’s Federal Housing percent of the field office rate. Reason: Extensive deterioration. Administration against HUD-approved mortgagees through its Credit Watch Effect Michigan Termination Initiative. This notice Termination of the Agreement Stroh Army Reserve Center includes a list of mortgagees which have 17825 Sherwood Ave. precludes that branch(s) of the Detroit Co: Wayne MI 0000– had their Origination Approval mortgagee from originating FHA-insured Landholding Agency: GSA Agreements (Agreements) terminated. single family mortgages within the area Property Number: 54200040001 FOR FURTHER INFORMATION CONTACT: The of the HUD field office(s) listed in this Status: Surplus Quality Assurance Division, Office of notice. Mortgagees authorized to Reason: Within 2000 ft. of flammable or Housing, Department of Housing and purchase, hold, or service FHA insured explosive material; GSA Number: 1–D–MI– Urban Development, 451 Seventh St. mortgages may continue to do so. 798. SW, Room B133–P3214, Washington, Loans that closed or were approved Virginia DC 20410; telephone (202) 708–2830 before the Termination became effective Bldg. 2185 (This is not a toll free number). Persons may be submitted for insurance
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HUD office Termination Home ownership Mortgagee name Mortgagee branch address jurisdictions effective date centers
Adana Mortgage Bankers ...... 400 Perimeter Ctr Ter, Ste 170, Atlanta, GA Atlanta, GA ...... 08/03/2000 Atlanta. 30346. Florida Capital Mortgage Company 228 A Palm Coast Pkwy NE, Palm Coast, FL Orlando, FL ...... 06/04/2000 Atlanta. 32137. Irwin Mortgage Corporation ...... 808 Moorefield Park Dr, Ste 113, Richmond, Richmond, VA ...... 08/03/2000 Philadelphia. VA 23236. Kingsway Mortgage Corporation ... 1104 Wescove Place, Ste B, West Covina, Los Angeles, CA ...... 06/04/2000 Santa Ana. CA 92790. Kingsway Mortgage Corporation ... 1104 Wescove Place, Ste B, West Covina, Santa Ana, CA ...... 06/04/2000 Santa Ana. CA 92790. Mortgage One Corporation ...... 16377 Main St, Ste C, Hesperia, CA 92345 Santa Ana, CA ...... 08/03/2000 Santa Ana. National Charter Mortgage ...... 1515 W. 190th Street, Ste 150, Gardena, CA Los Angeles, CA ...... 06/04/2000 Santa Ana. 90248. Southeast Mortgage Bankers ...... 3931 Tweedy Blvd, South Gate, CA 90280 .. Los Angeles, CA ...... 08/03/2000 Santa Ana. Specialized Financial Services ...... 1909 Central, Ste 200, Bedford, TX 76021 ... Fort Worth, TX ...... 08/03/2000 Denver. Sunshine Mortgage Services ...... 2002 Southside Blvd, Ste 100, Jacksonville, Jacksonville, FL ...... 08/14/2000 Atlanta. FL 32216. TWG Investments Incorporated..... 11760 Central Ave, Ste 205, Chino, CA Santa Ana, CA ...... 08/07/2000 Santa Ana. 91710. Volunteer Trust Mortgage Corpora- 801 West 7th Street, Columbia, TN 38401 ... Nashville, TN ...... 06/04/2000 Atlanta. tion.
Dated: October 17, 2000. 449; 30 U.S.C. 185) as amended by temporarily for construction purposes. William C. Apgar, Public Law 93–153, that Gulf Liquids Wetland restoration measures are Assistant Secretary for Housing, Federal New River Project L.L.C., Gonzalez, stipulated and costs will be borne by Housing Commissioner. Louisiana, has applied for a right-of-way applicant. [FR Doc. 00–27607 Filed 10–26–00; 8:45 am] for a 10-inch pipeline crossing a portion EFFECTIVE DATE: Interested persons BILLING CODE 4210±27±P of the Bayou Savauge National Wildlife desiring to comment on this application Refuge, in Orleans Parish, Louisiana. should do so on or before November 27, This notice advises the public that the 2000. DEPARTMENT OF THE INTERIOR Fish and Wildlife Service plans to issue ADDRESSES: If you wish to comment, a permit to Gulf Liquids New River you may submit your comments by any Fish and Wildlife Service Project L.L.C., for 30-foot-wide right-of- one of several methods. You may mail way for the construction, operation and Issuance of National Gas Pipeline comments to Regional Director, U.S. maintenance of 10-inch natural gas Permit Fish and Wildlife Service, 1875 Century pipeline crossing under a portion of the Boulevard, Atlanta, Georgia 30345. You AGENCY: Fish and Wildlife Service, Bayou Savauge National Wildlife may also comment via the Internet to Department of the Interior. Refuge. Right-of-way will cross a corner [email protected]. Please submit ACTION: Notice. of the refuge for a distance of Internet comments as an ASCHII file. approximately 136 feet and will be Include ‘‘Attn: Harry Flaaten’’ and your SUMMARY: Notice is hereby given as adjacent to existing sewer and waterline name and home address in your required under Section 28 of the rights-of-way. Approximately 8,000 message. You may also hand-deliver Mineral Leasing Act of 1920 (41 Stat. square feet of refuge surface will be used your comments to the Regional Director
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204 of the Federal Land Policy and • Cooperative Agreements Negotiation A detailed assessment of the human Management Act of 1976, 43 U.S.C. • Trail Route and other Historical remains was made by University of 1714 (1994), it is ordered as follows: Research Denver Department of Anthropology 1. The Secretarial Order dated January The meeting will be open to the and Museum of Anthropology 21, 1927, which established Bureau of public. However, facilities and space for professional staff and a contract Land Management Power Site accommodating members of the public physical anthropologist, in consultation Classification No. 164, is hereby are limited, and persons will be with representatives of the Alabama- revoked insofar as it affects the accommodated on a first-come, first- Coushatta Tribes of Texas; Alabama- following described lands: served basis. Any member of the public Quassarte Tribal Town, Oklahoma; Cherokee Nation, Oklahoma; Chickasaw Willamette Meridian may file a written statement concerning the matters to be discussed with David Nation, Oklahoma; Choctaw Nation of T. 16 S., R. 5 E., Oklahoma; Eastern Band of Cherokee 1 1 Gaines, Superintendent. Sec. 24, W ⁄2NE ⁄4. Indians of North Carolina; Jena Band of T. 16 S., R. 6 E., Persons wishing further information Choctaw Indians, Louisiana; Kialegee Sec. 21, SE1⁄4SE1⁄4; concerning this meeting, or who wish to 1 1 Tribal Town, Oklahoma; Mississippi Sec. 22, SW ⁄4SW ⁄4; submit written statements may contact 1 1 Band of Choctaw Indians, Mississippi; Sec. 27, W ⁄2NW ⁄4; David Gaines, Superintendent, Long 1 1 Muscogee (Creek) Nation, Oklahoma; Sec. 28, NE ⁄4NE ⁄4. Distance Trails Group Office—Santa Fe, Poarch Band of Creek Indians of The areas described aggregate 280 acres in National Park Service, P.O. Box 728, Alabama; Thlopthlocco Tribal Town, Lane County. Santa Fe, New Mexico 87504–0728, Oklahoma; and the United Keetoowah telephone 505/988–6888. Minutes of the 2. At 8:30 a.m. on November 13, 2000, Band of Cherokee Indians of Oklahoma. the lands described in paragraph 1 shall meeting will be available for public At an unknown date, human remains be opened to such forms of disposition inspection at the Office of the representing two individuals were as may by law be made of National Superintendent, located in Room 1081, removed from ancient mounds in Forest System lands, subject to valid Paisano Building, 2968 Rodeo Park Alabama. At an unknown date between existing rights, the provisions of existing Drive West, Santa Fe, New Mexico. the 1920’s and the 1950’s, the two sets withdrawals, other segregations of Dated: October 19, 2000. of remains were acquired by the record, and the requirements of David M. Gaines, University of Denver Museum of applicable law. Superintendent. Anthropology. One set of remains is Dated: October 20, 2000. [FR Doc. 00–27690 Filed 10–26–00; 8:45 am] listed as coming from ‘‘Alabama Mound 1,’’ and the other set of remains is listed Sylvia V. Baca, BILLING CODE 4310±70±M Assistant Secretary of the Interior. as coming from ‘‘Alabama Mound 2.’’ [FR Doc. 00–27624 Filed 10–26–00; 8:45 am] Mounds generally were constructed by ancient Native Americans in Alabama BILLING CODE 4310±33±P DEPARTMENT OF THE INTERIOR beginning circa 100 B.C. and continuing National Park Service to circa A.D. 1600. After that date, DEPARTMENT OF THE INTERIOR individual Native Americans may have Notice of Inventory Completion for been buried in old mounds throughout National Park Service Native American Human Remains and the 19th century. There is no other Associated Funerary Objects in the information on the provenience, age, or Trail of Tears National Historic Trail Possession of the University of Denver cultural context of the remains, or the Advisory Council; Notice of Meeting Department of Anthropology and circumstances under which these Museum of Anthropology, Denver, CO remains were recovered. No known Notice is hereby given in accordance individuals were identified. No with the Federal Advisory Committee AGENCY: National Park Service associated funerary objects are present. Act, Public Law 92–463, that a meeting ACTION: Notice Alabama has been identified as the of the Trail of Tears National Historic ancestral land of the Alabama-Coushatta Trail Advisory Council will be held Notice is hereby given in accordance Tribes of Texas; Alabama-Quassarte December 15, 2000, 8:00 a.m., at the with provisions of the Native American Tribal Town, Oklahoma; Cherokee Radisson Hotel, 185 Union Ave., Graves Protection and Repatriation Act Nation, Oklahoma; Chickasaw Nation, Memphis, TN. (NAGPRA), 43 CFR 10.9, of the Oklahoma; Choctaw Nation of The Trail of Tears National Historic completion of an inventory of human Oklahoma; Eastern Band of Cherokee Trail Advisory Council was established remains and associated funerary objects Indians of North Carolina; Jena Band of administratively under authority of in the possession of the University of Choctaw Indians, Louisiana; Kialegee Section 3 of Public Law 91–383 (16 Denver Department of Anthropology Tribal Town, Oklahoma; Mississippi U.S.C. 1s–2(c)), to consult with the and Museum of Anthropology, Denver, Band of Choctaw Indians, Mississippi; Secretary of the Interior on the CO. Muscogee (Creek) Nation, Oklahoma; implementation of a comprehensive This notice is published as part of the Poarch Band of Creek Indians of plan and other matters relating to the National Park Service’s administrative Alabama; Thlopthlocco Tribal Town, Trail, including certification of sites and responsibilities under NAGPRA, 43 CFR Oklahoma; and the United Keetoowah segments, standards for erection and 10.2 (c). The determinations within this Band of Cherokee Indians of Oklahoma. maintenance of markers, preservation of notice are the sole responsibility of the This association is supported by oral trail resources, American Indian museum, institution, or Federal agency historical, archaeological, ethnological, relations, visitor education, historical that has control of these Native historical, and geographical evidence. research, visitor use, cooperative American human remains and Based on the above-mentioned management, and trail administration. associated funerary objects. The information, officials of the University The matters to be discussed include: National Park Service is not responsible of Denver Department of Anthropology • Plan Implementation Status for the determinations within this and Museum of Anthropology have • Trail Association Status notice. determined that, pursuant to 43 CFR
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10.2 (d)(1), the human remains listed Dated: October 17, 2000. impractical and contrary to the public above represent the physical remains of John Robbins, interest. two individuals of Native American Assistant Director, Cultural Resources General wage determination ancestry. Officials of the University of Stewardship and Partnerships. decisions, and modifications and Denver Department of Anthropology [FR Doc. 00–27611 Filed 10–26–00 ; 8:45 supersedes decisions thereto, contain no and Museum of Anthropology also have am] expiration dates and are effective from determined that, pursuant to 43 CFR BILLING CODE 4310±70±F their date of notice in the Federal 10.2 (e), there is a relationship of shared Register, or on the date written notice group identity that can be reasonably is received by the agency, whichever is traced between these Native American earlier. These decisions are to be used human remains and the Alabama- DEPARTMENT OF LABOR in accordance with the provisions of 29 Coushatta Tribes of Texas; Alabama- CFR Parts 1 and 5. Accordingly, the Quassarte Tribal Town, Oklahoma; Employment Standards applicable decision, together with any Cherokee Nation, Oklahoma; Chickasaw Administration, Wage and Hour modifications issued, must be made a Nation, Oklahoma; Choctaw Nation of Division part of every contract for performance of Oklahoma; Eastern Band of Cherokee the described work within the Minimum Wages for Federal and Indians of North Carolina; Jena Band of geographic area indicated as required by Federally Assisted Construction; Choctaw Indians, Louisiana; Kialegee an applicable Federal prevailing wage General Wage Determination Decisions Tribal Town, Oklahoma; Mississippi law and 29 CFR Part 5. The wage rates and fringe benefits, notice of which is Band of Choctaw Indians, Mississippi; General wage determination decisions published herein, and which are Muscogee (Creek) Nation, Oklahoma; of the Secretary of Labor are issued in contained in the Government Printing Poarch Band of Creek Indians of accordance with applicable law and are Office (GPO) document entitled Alabama; Thlopthlocco Tribal Town, based on the information obtained by ‘‘General Wage Determinations Issued Oklahoma; and the United Keetoowah the Department of Labor from its study Under The Davis-Bacon And Related Band of Cherokee Indians of Oklahoma. of local wage conditions and data made Acts,’’ shall be the minimum paid by This notice has been sent to officials available from other sources. They contractors and subcontractors to of the Alabama-Coushatta Tribes of specify the basic hourly wage rates and laborers and mechanics. Texas; Alabama-Quassarte Tribal Town, fringe benefits which are determined to Any person, organization, or Oklahoma; Cherokee Nation, Oklahoma; be prevailing for the described classes of governmental agency having an interest Chickasaw Nation, Oklahoma; Choctaw laborers and mechanics employed on in the rates determined as prevailing is Nation of Oklahoma; Eastern Band of construction projects of a similar encouraged to submit wage rate and Cherokee Indians of North Carolina; character and in the localities specified fringe benefit information for Jena Band of Choctaw Indians, therein. consideration by the Department. Louisiana; Kialegee Tribal Town, The determinations in these decisions Further information and self- Oklahoma; Mississippi Band of Choctaw of prevailing rates and fringe benefits explanatory forms for the purpose of Indians, Mississippi; Muscogee (Creek) have been made in accordance with 29 submitting this data may be obtained by Nation, Oklahoma; Poarch Band of CFR Part 1, by authority of the Secretary writing to the U.S. Department of Labor, Creek Indians of Alabama; Thlopthlocco of Labor pursuant to the provisions of Employment Standards Administration, Tribal Town, Oklahoma; and the United the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of Keetoowah Band of Cherokee Indians of as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution Oklahoma. Representatives of any other 40 U.S.C. 276a) and of other Federal Avenue, NW., Room S–3014, Indian tribe that believes itself to be statutes referred to in 29 CFR Part 1, Washington, DC 20210. culturally affiliated with these human Appendix, as well as such additional remains should contact Jan I. Bernstein, statutes as may from time to time be Modifications to General Wage Collections Manager and NAGPRA enacted containing provisions for the Determination Decisions Coordinator at the University of Denver payment of wages determined to be The number of decisions listed in the Museum of Anthropology, 2000 Asbury, prevailing by the Secretary of Labor in Government Printing Office document Sturm Hall S–146, Denver, CO 80208– accordance with the Davis-Bacon Act. entitled ‘‘General Wage Determinations 2406, email [email protected], telephone The prevailing rates and fringe benefits Issued Under the Davis-Bacon and (303) 871–2543, before November 27, determined in these decisions shall, in related Acts’’ being modified are listed 2000. Repatriation of the human accordance with the provisions of the by Volume and State. Dates of remains to the Alabama-Coushatta foregoing statutes, constitute the publication in the Federal Register are Tribes of Texas; Alabama-Quassarte minimum wages payable on Federal and in parentheses following the decisions Tribal Town, Oklahoma; Cherokee federally assisted construction projects being modified. Nation, Oklahoma; Chickasaw Nation, to laborers and mechanics of the Oklahoma; Choctaw Nation of specified classes engaged on contract Volume I Oklahoma; Eastern Band of Cherokee work of the character and in the None Indians of North Carolina; Jena Band of localities described therein. Volume II Choctaw Indians, Louisiana; Kialegee Good cause is hereby found for not Pennsylvania Tribal Town, Oklahoma; Mississippi utilizing notice and public comment PA000002 (Feb. 11, 2000) Band of Choctaw Indians, Mississippi; procedure thereon prior to the issuance PA000042 (Feb. 11, 2000) Muscogee (Creek) Nation, Oklahoma; of these determinations as prescribed in PA000047 (Feb. 11, 2000) Poarch Band of Creek Indians of 5 U.S.C. 533 and not providing for delay Volume III Alabama; Thlopthlocco Tribal Town, in the effective date as prescribed in that Georgia Oklahoma; and the United Keetoowah section, because the necessity to issue GA000003 (Feb. 11, 2000) Band of Cherokee Indians of Oklahoma current construction industry wage GA000032 (Feb. 11, 2000) may begin after that date if no determinations frequently and in large GA000073 (Feb. 11, 2000) additional claimants come forward. volume causes procedures to be GA000085 (Feb. 11, 2000)
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GA000086 (Feb. 11, 2000) General Wage Determination be provided in the desired format, GA000087 (Feb. 11, 2000) Publication reporting burden (time and financial GA000088 (Feb. 11, 2000) General wage determinations issued resources) is minimized, collection Volume IV under the Davis-Bacon and related Acts, instruments are clearly understood, and the impact of collection requirements on Illinois including those noted above, may be respondents can be properly assessed. IL000018 (Feb. 11, 2000) found in the Government Printing Office IL000019 (Feb. 11, 2000) (GPO) document entitled ‘‘General Wage The Bureau of Labor Statistics (BLS) is Michigan Determinations Issued Under the Davis- soliciting comments concerning the MI000076 (Feb. 11, 2000) Bacon and Related Acts.’’ This proposed new collection of the Survey MI000077 (Feb. 11, 2000) publication is available at each of the 50 of Respirator Use and Practices. A copy MI000078 (Feb. 11, 2000) Regional Government Depository of the proposed information collection MI000079 (Feb. 11, 2000) Libraries and many of the 1,400 request (ICR) can be obtained by MI000080 (Feb. 11, 2000) Government Depository Libraries across contacting the individual listed in the MI000081 (Feb. 11, 2000) the country. ADDRESSES section of this notice. MI000082 (Feb. 11, 2000) The general wage determinations DATES: Written comments must be MI000083 (Feb. 11, 2000) issued under the Davis-Bacon and submitted to the office listed in the MI000084 (Feb. 11, 2000) related Acts are available electronically ADDRESSES section of this notice on or MI000085 (Feb. 11, 2000) by subscription to the FedWorld before December 26, 2000. MI000086 (Feb. 11, 2000) Bulletin Board System of the National ADDRESSES: Send comments to Ausie B. MI000087 (Feb. 11, 2000) Technical Information Service (NTIS) of Grigg, Jr., BLS Clearance Officer, MI000089 (Feb. 11, 2000) MI000090 (Feb. 11, 2000) the U.S. Department of Commerce at 1– Division of Management Systems, MI000091 (Feb. 11, 2000) 800–363–2068. Bureau of Labor Statistics, Room 3255, MI000092 (Feb. 11, 2000) Hard-copy subscriptions may be 2 Massachusetts Avenue, NE., MI000093 (Feb. 11, 2000) purchased from: Superintendent of Washington, DC 20212, telephone MI000094 (Feb. 11, 2000) Documents, U.S. Government Printing number 202–691–7628 (this is not a toll MI000095 (Feb. 11, 2000) Office, Washington, DC 20402, (202) free number). MI000096 (Feb. 11, 2000) 512–1800. FOR FURTHER INFORMATION CONTACT: MI000097 (Feb. 11, 2000) When ordering hard-copy Ausie B. Grigg, Jr., BLS Clearance subscription(s), be sure to specify the Volume V Officer, telephone number 202–691– State(s) of interest, since subscriptions 7628. (See ADDRESSES section.) Iowa may be ordered for any or all of the SUPPLEMENTARY INFORMATION: IA000070 (Feb. 11, 2000) seven separate volumes, arranged by IA000072 (Feb. 11, 2000) State. Subscriptions include an annual I. Background IA000078 (Feb. 11, 2000) edition (issued in January or February) The National Institute for IA000079 (Feb. 11, 2000) which includes all current general wage Louisiana Occupational Safety and Health determinations for the States covered by LA000001 (Feb. 11, 2000) (NIOSH) and the Bureau of Labor LA000005 (Feb. 11, 2000) each volume. Throughout the remainder Statistics (BLS), U.S. Department of LA000054 (Feb. 11, 2000) of the year, regular weekly updates are Labor (DOL) have agreed to conduct a distributed to subscribers. survey of United States employers Volume VI Signed at Washington, DC this 19th day of regarding the use of respiratory Idaho October 2000. protective devices. Employers are ID000002 (Feb. 11, 2000) Carl J. Poleskey, required to provide respirators to Montana Chief, Branch of Construction Wage workers when such equipment is MT000001 (Feb. 11, 2000) Determinations. necessary to protect the health of the MT000008 (Feb. 11, 2000) employee. The employer has the MT000033 (Feb. 11, 2000) [FR Doc. 00–27378 Filed 10–26–00; 8:45 am] responsibility to provide respirators that Oregon BILLING CODE 4510±27±M OR000001 (Feb. 11, 2000) are applicable and suitable for the OR000004 (Feb. 11, 2000) purpose intended, and to establish and Washington DEPARTMENT OF LABOR maintain a respiratory protection WA000002 (Feb. 11, 2000) program. WA000004 (Feb. 11, 2000) Bureau of Labor Statistics The NIOSH respirator certification and research program must assure, in WA000005 (Feb. 11, 2000) Proposed Collection; Comment WA000007 (Feb. 11, 2000) the best manner reasonably possible, Request WA000008 (Feb. 11, 2000) that users are provided with correct and WA000011 (Feb. 11, 2000) ACTION: Notice. needed products and information so Volume VII that they can be properly protected SUMMARY: The Department of Labor, as when using respirators. However, there California part of its continuing effort to reduce are no detailed estimates of current CA000002 (Feb. 11, 2000) paperwork and respondent burden, respirator usage. The NIOSH respirator CA000004 (Feb. 11, 2000) conducts a pre-clearance consultation certification program operates under the CA000009 (Feb. 11, 2000) CA000027 (Feb. 11, 2000) program to provide the general public assumption that all respirator users are CA000028 (Feb. 11, 2000) and Federal agencies an opportunity to using respirators in a complete CA000029 (Feb. 11, 2000) comment on proposed and/or respirator program. On the other hand, CA000030 (Feb. 11, 2000) continuing collections of information in sources such as respirator CA000034 (Feb. 11, 2000) accordance with the Paperwork manufacturers, state that users often CA000038 (Feb. 11, 2000) Reduction Act of 1995 (PRA95) [44 wear respirators with little training and CA000040 (Feb. 11, 2000) U.S.C. 3506(c)(2)(A)]. This program without the benefit of a respirator CA000041 (Feb. 11, 2000) helps to ensure that requested data can program. As a result, there is a pressing
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Comments must be submitted to OMB Act to a previously filed application- intends to transfer its interests in within 30 days of this notice. declaration. Entergy Power Marketing Corp. Dated: October 20, 2000. By order dated November 2, 1998 (‘‘EPMC’’), which markets and trades physical and financial energy Margaret H. McFarland, (HCAR No. 26933) (‘‘Prior Order’’), Applicants are currently authorized commodities in various wholesale and Deputy Secretary. through December 31, 2003 retail markets within the United States,3 [FR Doc. 00–27612 Filed 10–26–00; 8:45 am] (‘‘Authorization Period’’) to acquire and EGT Holding, Ltd. (‘‘EGT’’), whose BILLING CODE 8010±01±M nonutility energy assets in the United sole asset is the stock of Entergy Trading States that would be incidental to, and & Marketing, Ltd. (‘‘ET&M’’), a company would assist, Applicants and their that trades energy commodities to SECURITIES AND EXCHANGE subsidiaries in connection with energy manage the fuel supply and power sales COMMISSION marketing, brokering and trading risk of certain foreign utility companies (collectively, ‘‘Energy Assets’’). These owned by Entergy. [Release No. 35±27257] assets include natural gas production, Koch will contribute its interests in gathering, processing, storage and Koch Energy Trading, Inc. (‘‘KET’’), Filings Under the Public Utility Holding transportation facilities and equipment, which is engaged in energy trading and Company Act of 1935, as Amended 4 liquid oil reserves and storage facilities marketing, and Koch Gateway Pipeline (``Act'') and associated facilities. Applicants Company (‘‘Gateway Pipeline’’), which October 20, 2000. were authorized to invest up to $800 owns and operates a 9,000-mile interstate natural gas pipeline system Notice is hereby given that the million (‘‘Investment Limitation’’) and related gas gathering and storage following filing(s) has/have been made during the Authorization Period in such Energy Assets or in the equity securities facilities. Entergy further states that it with the Commission pursuant to intends to merge EPMC and KET to form provisions of the Act and rules of companies substantially all of whose physical properties consist of such a new energy marketing and trading promulgated under the Act. All company (‘‘Trading Company’’). interested persons are referred to the Energy Assets. Applicants request that the The general partner of Entergy-Koch, application(s) and/or declaration(s) for with a 1% interest, will be Entergy- complete statements of the proposed Investment Limitation be increased to $2.0 billion. Applicants state that they Koch, LLC (‘‘EK–LLC’’), a Delaware transaction(s) summarized below. The limited liability company that will be application(s) and/or declaration(s) and intend to use the increased investment authority as needed to enable held in equal shares by Koch and any amendment(s) is/are available for Entergy Power International Holdings public inspection through the Applicants and such subsidiaries to continue to add nonutility, marketing- Corporation (‘‘EPIH’’), a wholly-owned Commission’s Branch of Public subsidiary of Entergy. In addition, Reference. related assets as and when market conditions warrant, whether through Entergy and Koch will each acquire and Interested persons wishing to hold, indirectly, a 49.5% limited comment or request a hearing on the acquisitions of specific assets or groups of assets that are offered for sale, or by partnership interest in Entergy-Koch. application(s) and/or declaration(s) In connection with the establishment acquiring existing companies. should submit their views in writing by of the joint venture, Entergy requests November 14, 2000, to the Secretary, Entergy Corporation (70–9723) authority to acquire, directly or Securities and Exchange Commission, Entergy Corporation (‘‘Entergy’’), a indirectly, through December 31, 2005, Washington, DC 20549–0609, and serve registered holding company, located at up to $1.2 billion (‘‘Investment a copy on the relevant applicant(s) and/ Limitation’’) in energy-related, 639 Loyola Avenue, New Orleans, or declarant(s) at the address(es) nonutility assets that are incidental to Louisiana 70113, filed an application- specified below. Proof of service (by energy marketing and brokering declaration under sections 9(a), 10, affidavit or, in the case of an attorney at (‘‘Energy-Related Assets’’),5 or the 12(b), 12(c), and 13(b) of the Act and law, by certificate) should be filed with equity securities of companies rules 45, 46, 54, 86, 87, and 90 under the request. Any request for hearing substantially all of whose physical the Act. should identify specifically the issues of assets consist of Energy-Related Assets Together with Koch Energy, Inc. facts or law that are disputed. A person (‘‘Energy-Related Equity Securities’’), (‘‘Koch’’), an unaffiliated company that who so requests will be notified of any including Gateway Pipeline. Entergy is not currently regulated under the Act, hearing, if ordered, and will receive a states that the prices of Energy-Related Entergy intends to form a new limited copy of any notice or order issued in the Assets and Energy-Related Equity partnership, Entergy-Koch, LP matter. After November 14, 2000, the Securities will be and, in the case of (‘‘Entergy-Koch’’).1 Entergy-Koch will be application(s) and/or declaration(s), as Gateway Pipeline, has been established a partially-owned subsidiary of Entergy, filed or as amended, may be granted through arms-length negotiations and through which Entergy and Koch will and/or permitted to become effective. combine certain discrete non-utility interests. See Entergy Corp., HCAR No. 27039 (June American Electric Power Company, energy assets. 22, 1999). Inc., et al. (70–9353) Entergy states that it will contribute to 3 EPMC currently sells approximately 200 million cubic feet of gas per day and, in 1999, sold American Electric Power Company, Entergy-Koch its interests in certain companies.2 Specifically, Entergy approximately 47.2 million MWh of electricity. Inc. (‘‘AEP’’), a registered holding 4 The direct acquisition of energy marketing company, AEP Energy Services, Inc. and companies such as KET by Entergy is exempt from 1 Entergy states that it is currently authorized to AEP Resources, Inc., (collectively the requirements of section 9(a) of the Act by rule form intermediate holding companies such as 58(a)(1) under the Act. ‘‘Applicants’’), both nonutility Entergy-Koch. See Entergy Corp., HCAR No. 27039 5 Energy-Related Assets include natural gas subsidiaries of AEP, and all located at (June 22, 1999) (authorizing Entergy to form production, gathering, processing, storage and 1 Riverside Plaza, Columbus, Ohio companies to acquire and hold the securities of one transportation facilities and equipment, liquid oil or more energy-related companies). 43215, have filed a post-effective reserves and storage facilities, and associated 2 The Commission previously authorized Entergy facilities, that would be incidential to and would amendment under sections 6(a), 7, 9(a) to reorganize its energy-related interests, including assist a future subsidiary in connection with energy and 10 of the Act and rule 54 under the the intermediate holding companies that hold those marketing, brokering and trading.
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Inc. (‘‘GPUI’’), located at One Upper Securities Exchange Act of 1934 impediments to and perfect the Pond Road, Parsippany, New Jersey (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a mechanism of a free and open market.6 07054, have filed with this Commission proposed rule change amending certain The Commission believes that the a post-effective amendment under provisions of the Amex’s alternative development and enforcement of sections 6(a), 7, and 12(b) of the Act and listing criteria. The proposed rule transparent standards governing the rules 45 and 54 under the Act to an change was published for comment in listing of securities on an exchange is of application-declaration previously filed the Federal Register on August 17, critical importance to exchange markets under the Act. 2000.3 The Commission received no and to the investing public. The By orders dated April 10, 1997 (HCAR comments on the proposal. This order Commission believes that a reduced No. 26702) and March 26, 1997 (HCAR approves the proposal. minimum required operating history of No. 26694) (‘‘Orders’’), the Commission II. Description of the Proposal two years should provide the Exchange authorized, among other things, GPU, with greater flexibility in considering through December 31, 2000, to Section 101(b) of the Amex Company companies for listing on the Exchange. guarantee the debt of each of their direct Guide sets forth alternative numerical In addition, the Commission notes that and indirect subsidiaries that engage in guidelines applied by the Exchange in companies seeking to have their bordering and marketing of electricity, considering the eligibility of issuers to securities listed on the Exchange must natural gas and other energy list on the Exchange. These alternate also satisfy the remaining requirements commodities throughout the United criteria currently include a three-year of Section 101(b) of the Amex Company States (‘‘Energy Subsidiaries’’) under history of operations, stockholders’ Guide, which include stockholders’ rule 58 under the Act. The maximum equity of at least $4 million, the equity of at least $4 million, a $15 amount of guarantee debt and other distribution criteria of Section 102(a) of million aggregate market value of obligations authorized at any one time the Amex Company Guide (which publicly held shares, and either a is $150 million. The Orders also includes, among other criteria, a minimum of 800 public shareholders authorize GPU and GPUI to invest, minimum of 800 public shareholders together with a minimum public through December 31, 2000, in the together with a minimum public distribution of 500,000 shares, or a aggregate no more than $20 million in distribution of 500,000 shares, or a minimum of 400 public shareholders the energy commodities business either minimum of 400 public shareholders together with a minimum public by the acquisition of securities or by together with a minimum public distribution of 1,000,000 shares. making capital contributions to existing distribution of 1,000,000 shares), and a subsidiaries of GPU and/or GPUI. $15 million aggregate market value of IV. Conclusion GPU and GPUI now request an publicly held shares. The Exchange It Is Therefore Ordered, pursuant to extension of time during which GPU proposes to reduce the operating history Section 19(b)(2) of the Act,7 that the may guarantee the debt of the Energy timeframe from three to two years. proposed rule change (SR–Amex–00– The Exchange believes that certain Subsidiaries and GPU and GPUI may 31) is approved. invest in the energy commodities relatively new companies, particularly business until December 31, 2003. In all in high growth industries such as For the Commission, by the Division of other respects, the terms and conditions technology, biotechnology, and the Market Regulation, pursuant to delegated authority.8 of the transactions authorized by the Internet, may be attractive candidates Commission in this file would remain for Exchange listing and trading when Margaret H. McFarland, unchanged. assessed under the provisions of Section Deputy Secretary. 101(b) but may lack a three-year [FR Doc. 00–27616 Filed 10–26–00; 8:45 am] For the Commission, by the Division of Investment Management, under delegated operating history. The Exchange BILLING CODE 2010±01±M authority. believes a reduced minimum timeframe Margaret H. McFarland, will provide the Exchange with greater SECURITIES AND EXCHANGE Deputy Secretary. flexibility in considering companies for listing, particularly in high growth COMMISSION [FR Doc. 00–27614 Filed 10–26–00; 8:45 am] industries where the Exchange believes BILLING CODE 8010±01±M [Release No. 34±43471; File No. SR±CSE± it is possible for a company to 00±08] demonstrate promising and attractive SECURITIES AND EXCHANGE prospects over a relatively short time Self-Regulatory Organizations; Notice COMMISSION period. of Filing of Proposed Rule Change by III. Discussion The Cincinnati Stock Exchange, [Release No. 34±43463; File No. SR±Amex± Incorporated To Add CSE Rule 11.9(u) 00±31] The Commission finds that the and Interpretation .01 Under the Rule proposed rule change is consistent with to the Minor Rule Violation Program Self-Regulatory Organizations; Order the Act and the rules and regulations Approving a Proposed Rule Change by under the Act applicable to a national October 20, 2000. the American Stock Exchange LLC securities exchange and, in particular, Pursuant to Section 19(b)(1) of the Amending the Alternative Listing the requirements of Section 6(b) of the Securities Exchange Act of 1934 Criteria of Section 101(b) of the Amex Act.4 Specifically, the Commission finds (‘‘Act’’),1 and Rule 19b–4 there under,2 Company Guide that the proposed rule change is notice is hereby given that on October October 19, 2000. consistent with Section 6(b)(5) of the 13, 2000, The Cincinnati Stock Act,5 in that it is designed to remove I. Introduction 6 In approving this rule change, the Commission On May 30, 2000, the American Stock 1 15 U.S.C. 78s(b)(1). has considered the proposal’s impact on efficiency, 2 17 CFR 240.19b–4. competition, and capital formation. 15 U.S.C. 78c(f). Exchange LLC (‘‘Exchange’’ or ‘‘Amex’’) 7 3 Securities Exchange Act Release No. 43146 15 U.S.C. 78s(b)(2). submitted to the Securities and (Aug. 10, 2000), 65 FR 50253. 8 17 CFR 200.30–3(a)(12). Exchange Commission (‘‘Commission’’), 4 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). pursuant to Section 19(b)(1) of the 5 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4.
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Exchange, Incorporated (‘‘CSE’’ or A. Self-Regulatory Organization’s Member for any calendar quarter will ‘‘Exchange’’) filed with the Securities Statement of the Purpose of, and result in a $1,000 fine for that quarter. and Exchange Commission (‘‘SEC’’ or Statutory Basis for, the Proposed Rule The second quarterly violation within a ‘‘Commission’’) the proposed rule Change rolling 12-month period will result in a $2,500 fine. A third quarterly violation change as described in Items I, II, and 1. Purpose III below, which Items have been within a rolling 12-month period will prepared by the Exchange. The The CSE proposed to amend result in a BSE Business Conduct Exchange Rule 8.15, Imposition of Fines Commission is publishing this notice to Committee hearing with a staff for Minor Violation(s) of Rules, which solicit comments on the proposed rule recommendation of a $10,000 fine. provides for an alternative disciplinary change from interested persons. The Exchange notes that the minor regimen involving violations of rule violation fine schedule is merely a I. Self-Regulatory Organization’s Exchange rules that the Exchange recommended schedule, and that fines Statement of the Terms of Substance of determines are minor in nature. In lieu of more or less than the recommended the Proposed Rule Change of commencing a disciplinary amount can be imposed (up to a $2,500 proceeding pursuant to Rules 8.1 maximum) in appropriate situations. The CSE proposes to amend Exchange through 8.14, the Minor Rule Violation Also, the Exchange reserves the right to Rule 8.15, Imposition of Fines for Minor Program (‘‘Program’’) permits the proceed with formal disciplinary action Violation(s) of Rules, to include CSE Exchange to impose a fine, not to exceed when, in the Exchange’s opinion, Rule 11.9(u) and Interpretation .01 $2,500, on any member, member circumstances warrant a more severe thereunder, requiring CSE members to organization, or registered or non- level of sanction or remedial action. display certain market orders (‘‘Market registered employee of a member or 2. Statutory Basis Order Display Rule’’). The text of the member organization (‘‘Member’’) that proposed rule change is below. the Exchange determines has violated a The CSE believes that the proposed Additions are in italics. rule included in the Program. Adding a rule change is consistent with Section particular rule violation to the Program 6(b) of the Act 4 in general and furthers Rule 8.15 Imposition of Fines for Minor in no way circumscribes the Exchange’s the objectives of Sections 6(b)(5),5 Violation(s) of Rules. ability to address violations of those 6(b)(6), 6 6(b)(7),7 and 6(d)(1) 8 in No Change. rules through more formal disciplinary particular. The proposed rule change is Interpretations and Policies rules. The Program simply provides the consistent with Section 6(b)(5) 9 in that Exchange with greater flexibility in it is designed to promote just and .01 List of Exchange Rule Violations and addressing rule violations that warrant a equitable principles of trade and to Fines Applicable thereto Pursuant to Rule stronger regulatory response after the remove impediments to and perfect the 8.15 issuance of cautionary letters and yet, mechanism of a free and open market (a)–(g) No Change. given the nature of the violations, do not and a national market system, and, in (h) Rule 11.9(u) and Interpretation .01 rise to the level of requiring formal general, to protect investors and the related to the requirement to immediately disciplinary proceedings. public interest. Specifically, the execute market orders at an improved price The Exchange proposes to add the proposed rule change will augment the or expose the market order on the Exchange failure to properly expose on the Exchange’s ability to police its market for a minimum of fifteen seconds in an Exchange or immediately price improve and will increase the Exchange’s attempt to improve the price. certain customer market orders, as flexibility in responding to minor Recommended Fine Amount provided in Interpretation .01 to violations of Exchange rules. $1,000 first violation of the 2% quarterly Exchange Rule 11.9(u), to the list of The Exchange also believes the threshold Exchange rule violations and fines proposal is consistent with the Section $2,500 second violation included in the Program. 3 The 6(b)(6) 10 requirement that the rules of Third violation Business Conduct Exchange believes that market order an exchange provide appropriate Committee Hearing exposure violations often are discipline for violations of Commission * * * * * inadvertent and, in most cases, are best and Exchange rules. The Exchange addressed in a summary fashion. believes the proposed rule change will II. Self-Regulatory Organization’s However, because Interpretation .01 is provide a procedure to appropriately Statement of the Purpose of, and predicated on the Exchange’s discipline those Members whose Statutory Basis for, the Proposed Rule commitment to promote customer price violations are minor in nature. In Change improvement opportunities, violations addition, because Rule 8.15 provides of this Interpretation require sanctions procedural safeguards to the person In its filing with the Commission, the more rigorous than a series of self-regulatory organization included fined and permits a person disciplined cautionary letters prior to formal to request a full hearing on the matter, statements concerning the purpose of proceedings. the CSE believes the proposal provides and basis for the proposed rule change Under the proposal, Exchange a fair procedure for the disciplining of and discussed any comments it received regulatory staff will review a sampling Members consistent with Sections on the proposed rule change. The text of Exchange members’ market orders, 6(b)(7) 11 and 6(d)(1) 12 of the Act. of these statements may be examined at based on appropriate market conditions, the places specified in Item IV below. to determine if a threshold of market 4 15 U.S.C. 78f(b). The self-regulatory organization has order exposure violations has been 5 15 U.S.C. 78f(b)(5). prepared summaries, set forth in exceeded. Violations of Interpretation 6 15 U.S.C. 78f(b)(6). Sections A, B, and C below, of the most .01 to Exchange Rule 11.9(u) that exceed 7 15 U.S.C. 78f(b)(7). significant aspects of such statements. 2% of all eligible market orders of any 8 15 U.S.C. 78f(d)(1). 9 15 U.S.C. 78f(b)(5). 3 For further discussion of the CSE’s Market Order 10 15 U.S.C. 78f(b)(6). Display Rule, see CSE Regulatory Circular to 11 15 U.S.C. 78f(b)(7). Exchange Members 97–07 (June 17, 1997). 12 15 U.S.C. 78f(d)(1).
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B. Self-Regulatory Organization’s For the Commission, by the Division of II. Self-Regulatory Organization’s Statement on Burden on Competition Market Regulation, pursuant to delegated Statement of the Purpose of, and authority.13 Statutory Basis for, the Proposed Rule The CSE does not believe that the Margaret H. McFarland, Change proposed rule change will impose any Deputy Secretary. inappropriate burden on competition. In its filing with the Commission, the [FR Doc. 00–27649 Filed 10–26–00; 8:45 am] Exchange included statements C. Self-Regulatory Organization’s BILLING CODE 8010±01±M concerning the purpose of and basis for Statement on Comments on the the proposed rule change and discussed Proposed Rule Change Received From any comments it received on the Members, Participants, or Others SECURITIES AND EXCHANGE proposed rule change. The text of these COMMISSION statements may be examined at the No comments were solicited or places specified in item IV below. The received in connection with the [Release No. 34±43470; File No. SR±CSE± Exchange has prepared summaries, set proposed rule change. 00±07] forth in Sections A, B, and C below, of III. Date of Effectiveness of the the most significant aspects of such Self-Regulatory Organizations; Notice Proposed Rule Change and Timing for statements. of Filing and Immediate Effectiveness Commission Action A. Self-Regulatory Organization’s of Proposed Rule Change by The Statement of the Purpose of, and Cincinnati Stock Exchange, Within 35 days of the date of Statutory Basis for, the Proposed Rule Incorporated to Reduce the Fee to publication of this notice in the Federal Change. Register or within such longer period (i) Members for Professional Agency as the Commission may designate up to Transactions 1. Purpose 90 days of such date if it finds such October 20, 2000. The proposed rule change amends the longer period to be appropriate and Exchange’s fee schedule to decrease publishes its reasons for so finding or Pursuant to Section 19(b)(1) of the professional agency transaction fees (ii) as to which the Exchange consents, Securities Exchange Act of 1934 from $0.005 per share ($0.50/100 shares) 1 2 the Commission will: (‘‘Act’’), and Rule 19b-4 thereunder, to $0.0025 per share ($0.25/100 shares). notice is hereby given that on October The fee reduction is proposed to allow A. By order approve such proposed 13, 2000, The Cincinnati Stock rule change, or professional agency transactions to be Exchange, Incorporated (‘‘CSE’’ or more competitive with other execution B. Institute proceedings to determine ‘‘Exchange’’) filed with the Securities execution types on the Exchange. whether the proposed rule change and Exchange Commission should be disapproved. (‘‘Commission’’) the proposed rule 2. Statutory Basis change as described in Items, I, II, and IV. Solicitation of Comments The Exchange believes the proposed III below, which Items have been rule change is consistent with Section Interested persons are invited to prepared by the Exchange. The 6(b) of the Act 5 in general, and in submit written data, views, and Exchange has designated this proposal particular, furthers the objectives of arguments concerning the foregoing, as one establishing or changing a due, Section 6(b)(4) of the Act, 6 in that it is including whether the proposed rule fee, or other charge imposed by the CSE designed to provide for the equitable 3 change is consistent with the Act. under Section 19(b)(3)(A(ii) of the Act, allocation of reasonable dues, fees and Persons making written submissions which renders the proposal effective other charges among its members. upon filing with the Commission. The should file six copies thereof with the Commission is publishing this notice to B. Self-Regulatory Organization’s Secretary, Securities, and Exchange solicit comments on the proposed rule Statement of Burden on Competition Commission, 450 Fifth Street, N.W., change from interested persons. Washington, D.C. 20549–0609. Copies of The CSE does not believe that the the submission, all subsequent I. Self-Regulatory Organization’s proposed rule change will impose any amendments, all written statements Statement of the Terms of Substance of inappropriate burden on competition. with respect to the proposed rule the Proposed Rule Change C. Self-Regulatory Organization’s change that are filed with the Statement on Comments on the The CSE proposes to amend Exchange Commission, and all written Proposed Rule Change Received From Rule 11.10A(d), Professional Agency communications relating to the Members, Participants, or Others Transactions, to reduce the fee to proposed rule change between the members for professional agency No written comments were solicited Commission and any person, other than transactions 4 from $0.005 per share or received in connection with the those that may be withheld from the ($0.50/100 shares) to $0.0025/share proposed rule change. public in accordance with the ($0.25/100 shares). The text of the III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be proposed rule change is available at the Proposed Rule Change and Timing for available for inspection and copying at CSE and at the Commission. the Commission’s Public Reference Commission Action Room. Copies of such filing will also be 13 17 CFR 200.30–3(a)(12). The proposed rule change has become available for inspection and copying at 1 15 U.S.C. 78s(b)(1). effective pursuant to Section the principal office of the CSE. All 2 17 CFR 240.19b-4. 19(b)(3)(A)(ii) of the Act 7 and submissions should refer to file No. SR– 3 15 U.S.C. 78s(b)(3)(A)(ii). subparagraph (f)(2) of Rule 19b–4 CSE–00–08 and should be submitted by 4 CSE Rule 11.9(a)(8) defines a professional agency order as an order entered by a CSE Member November 12, 2000. or approved dealer as agent for the account of a 5 15 U.S.C. 78f(b). broker-dealer, futures commission merchant or a 6 15 U.S.C. 78f(b)(4). member of a contract market. 7 15 U.S.C. 78s(b)(3)(A)(ii).
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Percent entered in accordance with the that merchandise may enter these areas provisions of section 9 of the IFTA Act; without payment of duty or excise taxes. Businesses and Small Agri- (b) to provide that articles of Israel may Accordingly, the Industry and cultural Cooperatives With- be treated as though they were articles Information Technology Park out Credit Available Else- directly shipped from Israel for the Development Co. (Jordan Cyber City where ...... 4.000 purposes of the United States—Israel Co.), and the Aqaba Industrial estate Free Trade Area Agreement (‘‘the meet the criteria under paragraphs The numbers assigned to this disaster Agreement’’) even if shipped to the 9(e)(1) and (2) of the IFTA Act. are 330306 for physical damage and United States from the West Bank, the Therefore, pursuant to the authority 9J3300 for economic injury. Gaza Strip, or a qualifying industrial delegated to may by the President in (Catalog of Federal Domestic Assistance zone, if the articles otherwise meet the Proclamation 6955, I hereby designate Program Nos. 59002 and 59008) requirements of the Agreement; and (c) the Industry and Information Dated: October 5, 2000. to provide that the cost or value of Technology Park Development Co. Charles Payne, materials produced in the West Bank, (Jordan Cyber City Co.), and the Aqaba Acting Administrator. the Gaza Strip, or a qualifying industrial Industrial Estate as qualifying industrial [FR Doc. 00–27636 Filed 10–26–00; 8:45 am] zone may be included in the cost or zones under section 9 of the IFTA Act, value of materials produced in Israel BILLING CODE 8025±01±P effective upon the date of publication of under section 1(c)(i) of Annex 3 of the this notice, applicable to goods shipped Agreement, and that the direct costs of from these Qualifying Industrial Zones processing operations performed in the after such date. OFFICE OF THE UNITED STATES West Bank, the Gaza Strip, or a Dated: October 24, 2000. TRADE REPRESENTATIVE qualifying industrial zone may be Charlene Barshefsky, United StatesÐIsrael Free Trade Area included in the direct costs of processing operations performing in United States Trade Representative. Implementation Act; Designation of [FR Doc. 00–27702 Filed 10–26–00; 8:45 am] Qualifying Industrial Zones Israel under section 1(c)(ii) of Annex 3 of the Agreement. BILLING CODE 3901±01±M AGENCY: Office of the United States Section 9(e) of the IFTA Act defines Trade Representative. a ‘‘qualifying industrial zone’’ as an area OFFICE OF THE UNITED STATES ACTION: Notice. that ‘‘(1) encompasses portions of the territory of Israel and Jordan or Israel TRADE REPRESENTATIVE SUMMARY: Under the Unites—Israel Free and Egypt; (2) has been designated by [Docket No. WTO/D±210] Trade Area Implementation Act (‘‘the local authorities as an enclave where ‘‘IFTA Act’’), products of qualifying merchandise may enter without WTO Consultations Regarding industrial zones encompassing portions payment of duty or exercise taxes; and BelgiumÐMeasures Affecting of Israel and Jordan or Israel and Egypt (3) has been specified by the President Imported Rice are eligible to receive duty-free as a qualifying industrial zone.’’ In AGENCY: treatment. Effective upon publication of Proclamation 6955, the President Office of the United States this notice, the United States Trade delegated to the United States Trade Trade Representative. Representative, pursuant to authority Representative the authority to ACTION: Notice; request for comments. delegated by the President, is designate qualifying industrial zones. On March 13, 1998 (63 FR 12572), I SUMMARY: The Office of the United designating the Industry and States Trade Representative (USTR) is Information Technology Park designated the Irbid Qualifying Industrial Zone as a qualifying providing notice that on October 12, Development Co. (Jordan Cyber City 2000, the United States requested Co.), and the Aqaba Industrial Estate as industrial zone under section 9 of the IFTA Act. On March 19, 1999 (64 FR consultations with Belgium under the qualifying industrial zones under the Marrakesh Agreement Establishing the IFTA Act. 113623), I designated the Gateway Projects Industrial Zone and the World Trade Organization (WTO), FOR FURTHER INFORMATION CONTACT: expanded Irbid Qualifying Industrial regarding Belgium’s administration of Adam Shub, Director for the Middle Zone as qualifying industrial zone laws and regulations establishing the East and Mediterranean, (202) 395– under section 9 of the IFTA Act. On customs duties applicable to rice 9569, Office of USTR, 600 17th Street, October 15, 1999 (64 FR 56015) I imported from the United States. Since NW, Washington, D.C. 20508. designated Al-Kerak Industrial Estate, July 1997, Belgian customs authorities SUPPLEMENTARY INFORMATION: Pursuant the Ad-Dulayl Industrial Park, and the have established customs values and to authority granted under section 9 of Al-Tajamouat Industrial City as duties for rice by using reference prices, the United States-Israel Free Trade Area qualifying industrial zones under resulting in an assessment of duties in Implementation Act of 1985, as section 9 of the IFTA Act. amounts that appear to exceed the duty amended (19 U.S.C. 2112 note), the In a agreement dated August 6, 2000, required by Headnote 7 of the Schedule President proclaimed certain tariff the Government of Israel and the of Specific Commitments of the treatment for the West Bank, the Gaza Government of the Hashemite Kingdom European Communities and Their Strip, and qualifying industrial zones of Jordan agreed to the creation of two Member States LXXX. Belgium’s (Proclamation 6955 of November 13, additional Qualifying Industrial Zones: administration of its tariff regime for 1996 (61 FR 58761)). In particular, the Industry and Information Technology rice, moreover, has contributed to President proclaimed modifications to Park Development Co. (Jordan Cyber substantial uncertainty regarding the general notes 3 and 8 of the Harmonized City Co.), and the Aqaba Industrial rate of duty that will be applicable to Tariff Schedule of the United States: (a) Estate. These zones encompass areas shipments of imported rice. The United To provide duty-free treatment to under the customs control of the States considers that Belgium’s qualifying articles that are the product respective Governments. The measures relating to imported rice of the West Bank or Gaza Strip or a Government of Israel and the appear to contravene Articles I, II, VII, qualifying industrial zone and are Government of Jordan further agreed VIII, X and XI of the General Agreement
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Legal Division Performance Review 65 FR 40896, 40897, and 40903, June 30, FOR FURTHER INFORMATION CONTACT: Board, Internal Revenue Service Panel: 2000. Requests for additional information or 1. Chairperson, Judith C. Dunn, With respect to any bonds, including copies of the form and instructions Deputy Chief Counsel (Operations); continuous bonds, currently in force should be directed to Martha R. Brinson, 2. Thomas M. McGivern, Counselor to with above listed Companies, bond- (202) 622–3869, Internal Revenue the General Counsel; approving officers should secure new Service, room 5244, 1111 Constitution 3. Cynthia J. Mattson, Deputy Division bonds with acceptable sureties in those Avenue NW., Washington, DC 20224. Counsel (Large and Mid-Size Business); instances where a significant amount of SUPPLEMENTARY INFORMATION: 4. Martha Sullivan , Deputy Division liability remains outstanding. In Title: United States Additional Estate Counsel ι2 (Small Business/Self addition, bonds that are continuous in Tax Return. Employed); nature should not be renewed. 5. Richard J. Mihelcic, Associate Chief OMB Number: 1545–0016. The Circular may be viewed and Form Number: Form 706–A. Counsel (Finance and Management); downloaded through the Internet at 6. Heather C. Maloy, Associate Chief Abstract: Form 706–A is used by http://www.fms.treas.gov/c570/ individuals to compute and pay the Counsel (Income Tax and Accounting); index.html. A hard copy may be 7. Joseph F. Maselli, Area Counsel additional estate taxes due under purchased from the Government Internal Revenue Code section 2032A(c) (Large and Mid-Size Business)(Area Printing Office (GPO), Subscription 2)(Heavy Manufacturing, Construction for an early disposition of specially Service, Washington, DC, telephone valued property or for an early cessation and Transportation). (202) 512–1800. When ordering the In addition, I hereby appoint the of a qualified use of such property. The Circular from GPO, use the following IRS uses the information to determine following persons to serve on the stock number: 048–000–00536–5. Performance Review Board for the that the taxes have been properly Questions concerning this notice may computed. Deputies Chief Counsel: be directed to the U.S. Department of 8. Robert E. Wenzel, Deputy Current Actions: There are no changes the Treasury, Financial Management being made to the form at this time. Commissioner of Internal Revenue; and Service, Financial Accounting and 9. Eric Solomon, Acting Deputy Type of Review: Extension of a Services Division, Surety Bond Branch, Assistant Secretary (Tax Policy). currently approved collection. 3700 East-West Highway, Room 6A04, This publication is required by 5 Affected Public: Individuals or Hyattsville, MD 20782. U.S.C. 4314(c)(4). households. Dated: October 16, 2000. Dated: October 23, 2000. Estimated Number of Respondents: Judith R. Tillman, 180. Stuart L. Brown, Assistant Commissioner, Financial Estimated Time Per Respondent: 8 hr., Chief Counsel, Internal Revenue Service. Operations, Financial Management Service. 11 min. [FR Doc. 00–27694 Filed 10–26–00; 8:45 am] [FR Doc. 00–27672 Filed 10–24–00; 8:45 am] Estimated Total Annual Burden BILLING CODE 4830±01±P BILLING CODE 4810±35±M Hours: 1,474. The following paragraph applies to all of the collections of information covered DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY by this notice: An agency may not conduct or Fiscal Service Internal Revenue Service sponsor, and a person is not required to Surety Companies Acceptable on Proposed Collection; Comment respond to, a collection of information Federal BondsÐTerminations; Request for Form 706±A unless the collection of information Reliance Insurance Company, Reliance displays a valid OMB control number. Insurance Company of Illinois, AGENCY: Internal Revenue Service (IRS), Books or records relating to a collection Reliance National Indemnity Company, Treasury. of information must be retained as long Reliance Surety Company, United ACTION: Notice and request for as their contents may become material Pacific Insurance Company comments. in the administration of any internal revenue law. Generally, tax returns and AGENCY: Financial Management Service, SUMMARY: The Department of the tax return information are confidential, Fiscal Service, Department of the Treasury, as part of its continuing effort as required by 26 U.S.C. 6103. Treasury. to reduce paperwork and respondent Request for Comments: Comments ACTION: Notice. burden, invites the general public and submitted in response to this notice will other Federal agencies to take this be summarized and/or included in the SUMMARY: This is Supplement No. 2 to opportunity to comment on proposed request for OMB approval. All the Treasury Department Circular 570; and/or continuing information comments will become a matter of 2000 Revision, published June 30, 2000, collections, as required by the public record. at 65 FR 40868. Paperwork Reduction Act of 1995, Comments are invited on: (a) Whether FOR FURTHER INFORMATION CONTACT: Public Law 104–13 (44 U.S.C. the collection of information is Surety Bond Branch at (202) 874–6507. 3506(c)(2)(A)). Currently, the IRS is necessary for the proper performance of SUPPLEMENTARY INFORMATION: Notice is soliciting comments concerning Form the functions of the agency, including hereby given that the Certificates of 706–A, United States Additional Estate whether the information shall have Authority issued by the Treasury to the Tax Return. practical utility; (b) the accuracy of the above named Companies, under the DATES: Written comments should be agency’s estimate of the burden of the United States Code, Title 31, Sections received on or before December 26, 2000 collection of information; (c) ways to 9304–9308, to qualify as acceptable to be assured of consideration. enhance the quality, utility, and clarity sureties on Federal bonds are ADDRESSES: Direct all written comments of the information to be collected; (d) terminated effective immediately. to Garrick R. Shear, Internal Revenue ways to minimize the burden of the The Companies were last listed as Service, room 5244, 1111 Constitution collection of information on acceptable sureties on Federal bonds at Avenue NW., Washington, DC 20224. respondents, including through the use
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Corrections Federal Register Vol. 65, No. 209
Friday, October 27, 2000
This section of the FEDERAL REGISTER §77.11 [Corrected] ENVIRONMENTAL PROTECTION contains editorial corrections of previously On page 63521, in the second column, AGENCY published Presidential, Rule, Proposed Rule, in §77.11(a), in the second line, ‘‘None.’’ and Notice documents. These corrections are should read ‘‘Michigan.’’ 40 CFR Parts 141 and 142 prepared by the Office of the Federal Register. Agency prepared corrections are [FR Doc. C0–27054 Filed 10–26–00; 8:45 am] issued as signed documents and appear in BILLING CODE 1505±01±D [WH±FRL±6888±8] the appropriate document categories elsewhere in the issue. RIN 2040±AB75 DEPARTMENT OF DEFENSE National Primary Drinking Water DEPARTMENT OF AGRICULTURE Department of the Army Regulations; Arsenic and Clarifications to Compliance and New Source Animal and Plant Health Inspection Availability of the Revised Draft Contaminants Monitoring Service Environmental Impact Statement (DEIS) for the Proposed Sauquoit Correction Creek Flood Control Project at 9 CFR Part 77 Whitesboro, NY In proposed rule document 00–27034 beginning on page 63027 in the issue of [Docket No. 99±038±5] Correction Friday, October 20, 2000, make the In notice document 00–27068 following corrections: Tuberculosis in Cattle, Bison, and appearing on page 63064 in the issue of 1. On page 63032, in Table 4, in the Captive Cervids; State and Zone Friday, October 20, 2000, make the last line of the table’s third column, Designations following corrections: ‘‘1.01 x 10¥5’’ should read ‘‘1.01 x 1. On page 63064, in the first column, 10¥4’’. Correction in the last line, ‘‘(202) 264–1060’’ 2. On the same page, in the same In rule document 00–27054 beginning should read ‘‘(212) 264–1060’’. 2. On the same page, in the second table, in the last line of the table’s fourth on page 63502 in the issue of Monday, ¥ column, in the second line, ‘‘(202) 264– column, ‘‘1.06 x 10 5’’ should read October 23, 2000, make the following ¥ 9846’’ should read ‘‘(212) 264–9846’’. ‘‘1.06 x 10 4’’. correction: [FR Doc. C0–27068 Filed 10–24–00; 8:45 am] [FR Doc. C0–27034 Filed 10–26–00; 8:45 am] BILLING CODE 1505±01±D BILLING CODE 1505±01±D
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Part II
Department of Labor Pension and Welfare Benefits Administration
29 CFR Parts 2510 and 2570 Plans Established or Maintained Under or Pursuant to Collective Bargaining Agreements Under Section 3(40)(A) of ERISA; Proposed Rule Procedures for Administrative Hearings Regarding Plans Established or Maintained Pursuant to Collective Bargaining Agreements Under Section 3(40)(A) of ERISA; Proposed Rule
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DEPARTMENT OF LABOR Welfare Benefits Administration, Room The Multiple Employer Welfare N–5669, U.S. Department of Labor, 200 Arrangement Act was introduced to Pension and Welfare Benefits Constitution Avenue, NW., Washington, counter what the Congressional drafters Administration DC 20210, (Attention: Proposed termed abuse by the ‘‘operators of bogus Regulation Under Section 3(40)). All ‘insurance’ trusts.’’ 128 Cong. Rec. 29 CFR Part 2510 submissions will be open to public E2407 (1982) (Statement of inspection at the Public Documents Congressman Erlenborn). In his RIN 1210±AA48 Room, Pension and Welfare Benefits comments, Congressman Erlenborn Plans Established or Maintained Under Administration, Room N–5638, U.S. noted that certain MEWA operators had or Pursuant to Collective Bargaining Department of Labor, 200 Constitution been successful in thwarting timely Agreements Under Section 3(40)(A) of Avenue, NW., Washington, DC 20210. investigations and enforcement ERISA FOR FURTHER INFORMATION CONTACT: activities of state agencies by asserting Elizabeth A. Goodman, Office of that such entities were ERISA plans AGENCY: Pension and Welfare Benefits Regulations and Interpretations, Pension exempt from state regulation by the Administration, Department of Labor. and Welfare Benefits Administration, terms of section 514 of ERISA. The goal ACTION: Proposed rule. Room N–5669, U.S. Department of of the bill, according to Congressman Labor, 200 Constitution Avenue, NW., Erlenborn, was to remove ‘‘any potential SUMMARY: This document contains a Washington, DC 20210, (202) 219–8671. obstacle that might exist under current proposed regulation under the This is not a toll-free number. law which could hinder the ability of Employee Retirement Income Security SUPPLEMENTARY INFORMATION: the States to regulate multiple employer Act of 1974, as amended, (ERISA or the welfare arrangements to assure the Act), setting forth specific criteria that, A. Background financial soundness and timely payment if met and if certain other factors set The Department is proposing a of benefits under such arrangements.’’ forth in the proposed regulation are not regulation, based on the report of the Id. This concern was also expressed by present, constitute a finding by the ERISA Section 3(40) Negotiated the Committee on Education and Labor Secretary of Labor (the Secretary) that a Rulemaking Advisory Committee in the Activity Report of the Pension plan is established or maintained under convened by the Department for this Task Force (94th Congress, 2d Session, or pursuant to one or more collective purpose, that would implement section 1977), cited by Congressman Erlenborn: bargaining agreements for purposes of 3(40) of ERISA, 29 U.S.C. 1002(40). section 3(40) of ERISA. Employee It has come to our attention, through the Section 3(40)(A) defines the term good offices of the National welfare benefit plans that meet the multiple employer welfare arrangement Association of State Insurance requirements of the proposed regulation (MEWA) in pertinent part as follows: Commissioners, that certain entrepreneurs are excluded from the definition of The term ‘‘multiple employer welfare have undertaken to market insurance ‘‘multiple employer welfare arrangement’’ means an employee welfare products to employers and employees at arrangements’’ under section 3(40) of benefit plan, or any other arrangement (other large, claiming these products to be ERISA ERISA and consequently are not subject than an employee welfare benefit plan), covered plans. For instance, persons whose to state regulation of multiple employer which is established or maintained for the primary interest is in the profiting from the welfare arrangements as provided for by purpose of offering or providing any benefit provision of administrative services are the Act. If adopted, the proposed described in paragraph (1) [of section 3 of the establishing insurance companies and related regulation would affect employee Act] to the employees of two or more enterprises. The entrepreneur will then argue welfare benefit plans, their sponsors, employers (including one or more self- that his enterprise is an ERISA benefit plan employed individuals), or to their participants, and beneficiaries, as well which is protected under ERISA’s beneficiaries, except that such term does not preemption provision from state regulation. as service providers to plans. Proposed include any such plan or other arrangement regulations are being published which is established or maintained—(i) simultaneously with this proposed under or pursuant to one or more agreements authority over employee welfare benefit plans that regulation that set forth a procedure for which the Secretary finds to be collective are NEWAs. Section 514(b) provides, in relevant bargaining agreements. * * * part, that: obtaining a determination by the (6)(A) Notwithstanding any other provision of Secretary as to whether a particular This provision was added to ERISA this section—(i) in the case of an employee welfare employee welfare benefit plan is by the Multiple Employer Welfare benefit plan which is a multiple employer welfare established or maintained under or arrangement and is fully insured (or which is a Arrangement Act of 1983, Sec. 302(b), multiple employer welfare arrangement subject to pursuant to one or more agreements that Pub. L. 97–473, 96 Stat. 2611, 2612 (29 an exemption under subparagraph (B)), any law of are collective bargaining agreements for U.S.C. 1002(40)), which also amended any State which regulates insurance may apply to purposes of section 3(40) of ERISA. The section 514(b) of ERISA. Section 514(a) such arrangement to the extent that such law procedure would be available only in of the Act provides that state laws provides)— (I) standards, requiring the maintenance of situations where the jurisdiction or law which relate to employee welfare specified levels of reserves and specified levels of of a state has been asserted against a benefit plans are generally preempted contributions, which any such plan, or any trust plan or other arrangement that contends by ERISA. Section 514(b) sets forth established under such a plan, must meet in order it meets the exception for plans exceptions to the general rule of section to be considered under such law able to pay established or maintained under or benefits in full when due, and 514(a) and subjects employee welfare (II) provisions to enforce such standards, and (ii) pursuant to one or more collective benefit plans that are MEWAs to various in the case of any other employee welfare benefit bargaining agreements. levels of state regulation depending on plan which is a multiple employer welfare DATES: Written comments concerning whether or not the MEWA is fully arrangement, in addition to this title, any law of any State which regulates insurance may apply to the the proposed regulation must be insured. Sec. 302(b), Pub. L. 97–473, 96 extent not inconsistent with the preceding sections 1 received by December 26, 2000. Stat. 2611, 2613 (29 U.S.C. 1144(b)(6)). of this title. ADDRESSES: Interested persons are Thus, an employee welfare benefit plan that is a 1 The Multiple Employer Welfare Arrangement MEWA remains subject to state regulation to the invited to submit written comments Act of 1983 added section 514(b)(6) which provides extent provided in section 514(b)(6)(A). ERISA (preferably three copies) concerning this a limited exception to ERISA’s preemption of state preemption applies only to MEWAs which are proposed regulation to: Pension and laws that allows states to exercise regulatory employee welfare benefit plans.
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Id. As a result of the addition of compliance with the criteria proposed Third-Party Administrators: David section 514(b)(6), certain state laws by the Department. Commenters also Livingston, TIC International regulating insurance may apply to objected to having State regulators Corporation; employee welfare benefit plans that are determine whether a particular Independent agents, brokers and MEWAs. However, the definition of a agreement was a collective bargaining advisors providing health care products MEWA in section 3(40) provides that an agreement. and services to plans and individuals: employee welfare benefit plan is not a Nancy Trenti, National Association of MEWA if it is established or maintained C. Regulatory Negotiation Health Underwriters; under or pursuant to an agreement or The Department continues to believe Insurance carriers and managed care agreements which the Secretary finds to that regulatory guidance in this area is companies that finance and deliver be a collective bargaining agreement. necessary. Based on the comments health care: R. Lucia Riddle, Health Such plans, therefore, are not subject to received in response to the August 1995 Insurance Association of America; state insurance regulation under section NPRM, the Department determined that Federal Government: Elizabeth A. 514(b)(6). negotiated rulemaking was an Goodman, Pension and Welfare Benefits While the Multiple Employer Welfare appropriate method of implementing a Administration. The goal of the Committee was to Arrangement Act of 1983 significantly revised Notice of Proposed Rulemaking. reach consensus on pertinent issues and enhanced the states’ ability to regulate On April 15, 1998, the Secretary MEWAs, problems in this area persist. draft regulatory text for the purposes of published in theFederal Register (63 FR developing a substantive rule to help Among other things, the exception for 18345) a notice of intent to establish a collectively bargained plans contained the regulated community determine negotiated rulemaking advisory which plans are indeed established or in section 3(40) is now being exploited committee under the Negotiated by some MEWA operators who, through maintained under or pursuant to one or Rulemaking Act. (5 U.S.C. 561 et seq.) more collective bargaining agreements, the use of sham unions and collective (NRA). The NRA establishes a bargaining agreements, market and therefore not subject to state framework for the conduct of negotiated regulation, under section 3(40) of fraudulent insurance schemes under the rulemaking and encourages agencies to guise of collectively bargained welfare ERISA. The Committee conducted eight use negotiated rulemaking to enhance public sessions held on October 26–27, plans exempt from state insurance the informal rulemaking process. regulation.2 Another problem in this 1998, December 16–17, 1998, February area involves the use of collectively In September 1998, the Secretary 9–10, 1999, April 20–21, 1999, July 7– bargained plans as vehicles for established the ERISA Section 3(40) 8, 1999, August 25–26, 1999, October marketing health care coverage to Negotiated Rulemaking Advisory 13–14, 1999, and November 16–17, individuals and employers with no Committee under the NRA and the 1999. All meetings were held in relationship to the bargaining process or Federal Advisory Committee Act (the Washington, D.C. and allocated time the underlying bargaining agreement. FACA)(5 U.S.C. App. 2) (Notice of during the meetings for public Establishment). (63 FR 5052). The participation and comment. In B. The August 1995 Notice of Proposed Committee included a Department accordance with the FACA’s Rulemaking representative and its work has been requirements, minutes of all public On August 1, 1995, the Department assisted by a neutral facilitator. The Committee meetings have been kept in published a Notice of Proposed Committee membership was chosen the public rulemaking record, together Rulemaking on Plans Established or from the organizations that submitted with the materials distributed among Maintained Pursuant to Collective comments on the Department’s August Committee members during such Bargaining Agreements in the Federal 1995 NPRM, and from the petitions and meetings and correspondence received Register. (60 FR 39209). (August 1995 nominations for membership received by the Committee regarding the NPRM). The Department proposed in response to the Notice of Intent. The rulemaking. During the course of the criteria for determining whether an Notice of Establishment outlined the Committee’s deliberations, it received employee welfare benefit plan is rationale behind the final composition two written comments from the public. established or maintained under or of the Committee. The members of the The Committee considered the pursuant to one or more agreements that ERISA Section 3(40) Negotiated comments in drafting its report and the the Secretary finds to be collective Rulemaking Advisory Committee are as proposed regulatory text. bargaining agreements for purposes of follows: Under the rules governing the section 3(40) of ERISA. The proposed Labor Unions: Kathy Krieger, negotiated rulemaking process, and in approach did not have a procedure for American Federation of Labor and accordance with the organizational obtaining individual findings by the Congress of Industrial Organizations; protocols adopted by the Committee, the Department. The Department received Multiemployer Plans: Gerald Feder Committee agreed to recommend to the numerous comments on the NPRM. (James Ray—alternate), National Secretary consensus language in the Commenters expressed concerns about Coordinating Committee for form of a proposed rule developed by their ability to comply with the Multiemployer Plans; Judith Mazo, the Committee. Committee members standards set forth in the NPRM, and to Entertainment Industry Multiemployer agreed not to file adverse public obtain data necessary to establish Health Plans; comments on provisions of the proposed rule on which the Committee State Governments: Fred Nepple, 2 In addition, the Department has received had reached consensus. requests to make individual determinations National Association of Insurance In the event that the Committee did concerning the status of particular plans under Commissioners; section 3(40). See. e.g., Ocean Breeze Festival Park not reach a full consensus on a v. Reich, 853 F. Supp. 906, 91 (1994), summary Employers/Management: James proposed rule, the Committee members judgment granted sub nom. Virginia Beach Kernan, The Associated General agreed to prepare a report to the Policemen’s Benevolent Association, et al. v. Reich, Contractors of America; Secretary outlining any consensus 881 F. Supp 1059 (E.D. Va. 1995), aff’d, 96 F.3d 1440 (1996); Amalgamated Local Union No. 335 v. Railway Labor Act Plans: Benjamin agreement reached, and summarizing Gallagher, No. 91 CIV 0193(RR) (E.D.N.Y. April 15, W. Boley, National Railway Labor the reasons for the failure to reach 1991). Conference; consensus on the complete rule. The
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Department was prepared to develop a regulation are designed to enable Section 2510.3–40(b)—Who Is Covered proposed rule on its own, if the entities and state insurance regulatory by the Plan Committee could not reach consensus. agencies to determine in the first With the exception of sections E–K of instance whether the requirements of Section (b), Criteria, is divided into the preamble, the text of the proposed the Act are met. Unlike the August 1995 four parts: subparagraph (1) requires rule and preamble is the Committee’s NPRM, under certain limited that the entity in question be an consensus. circumstances an entity may elect to employee welfare benefit plan within petition the Secretary for an individual the meaning of ERISA section 3(1); D. Description of Proposed Regulation finding. However, the Secretary will not subparagraph (2) looks at whether the 1. Structure of the Proposed Regulation make individual findings or preponderance of those participants determinations as to whether an entity covered by the plan have a nexus to the The proposed regulation establishes bargaining relationships under which specific criteria that the Secretary finds meets the criteria of the proposed regulation unless a state’s law or the plan is established or maintained; must be present in order for one or more subparagraph (3) describes the agreements to be collective bargaining jurisdiction is asserted in an administrative or judicial proceeding characteristics of agreements that will agreements for purposes of section 3(40) qualify them, for purposes of section of ERISA and also establishes certain against that particular entity. For the procedure for petitioning for an 3(40) of ERISA only, as collective criteria for determining when an bargaining agreements; and employee welfare benefit plan is individual finding and a description of the ALJ individual finding procedure, subparagraph (4) sets forth factors to be established or maintained under or considered, again for purposes of pursuant to such an agreement or see Notice of Proposed Rulemaking 29 CFR 2570 Subpart G (published section 3(40) only, in determining agreements for purposes of section whether there is a bona fide collective 3(40). In drafting proposed regulatory simultaneously). The principles and criteria in this bargaining relationship underlying the language, the Committee took into agreements pursuant to which the plan account that section 3(40) not only proposed rule were developed solely for the purpose of determining whether or is established or maintained. If an requires the existence of one or more employee welfare benefit plan meets the bona fide collective bargaining not a multiple employer welfare plan is a MEWA under section 3(40). In general criteria and is not excluded agreements, but also requires that the under subsection (c), then the Secretary plan be ‘‘established or maintained’’ considering and drafting this proposed regulation, the Committee was not finds that such plan is ‘‘established or under or pursuant to such an agreement maintained under or pursuant to one or or agreements. The proposed regulation charged with interpreting or enforcing any other federal laws that relate to more agreements which the Secretary interprets the exception under section finds to be collective bargaining 3(40)(A)(i) as being limited to plans collective bargaining and employee benefits, such as the National Labor agreements’’ for any plan year in which providing coverage primarily to those it meets the criteria. individuals with a nexus to the Relations Act, the Internal Revenue collective bargaining agreement or Code of 1986 or the Railway Labor Act. Section 2510.3–40(b)(1)—Entity Must Be agreements under or pursuant to which Therefore, nothing in this proposed a Plan the plan is established or maintained. regulation, or in any ALJ finding issued Accordingly, the criteria in the pursuant to it under the proposed rules Subsection (b)(1) requires that an proposed regulation relating to whether at 29 CFR 2570 Subpart G, is intended entity be an employee welfare benefit a plan qualifies as ‘‘established or to determine the rights and plan within the meaning of section 3(1) maintained’’ are intended to ensure that responsibilities of any party under such of ERISA in order to be deemed to be the statutory exception is only available other laws. In drafting the proposed a plan established or maintained under to plans whose participants are regulatory language, the Committee or pursuant to collective bargaining. recognized that a finding by the predominately the bargaining unit Section 2510.3–40(b)(2)—‘‘The Nexus Secretary that a plan is maintained employees on whose behalf such Group’’ benefits were negotiated and other pursuant to a collective bargaining individuals with a close nexus to the agreement as defined for section 3(40) of Subsection (b)(2) requires that for any bargaining unit or to the employer(s) of ERISA may be considered by parties plan year 80% of the participants (as the bargaining unit employees. applying other laws, but did not believe defined in section 3(7) of ERISA) in the The proposed regulation also sets that such a finding here would, given plan have a nexus to the collective forth certain instances where, even if the narrow focus of the proposed bargaining relationship (‘‘the nexus the specific criteria apparently are met, regulation, conclude the analysis under group’’). It also describes the categories an entity will be deemed not to be such other law. of people who are considered to have established or maintained under or 2. Specific Provisions of the Proposed that nexus. The numerical tests in the pursuant to one or more collective Regulation proposed regulation subsection (b)(2) bargaining agreements. The proposed look at individuals whose coverage is regulation also sets forth certain factors Section 2510.3–40(a)—Scope and based on their employment, that is, the to be considered by a fact finder as to Purpose participants. The proposed regulation whether there is a bona fide collective Section (a), Scope and Purpose, states focuses on participants in order to bargaining relationship. that the purpose of the proposed reduce potential administrative The proposed regulation would, upon regulation is to set forth a finding by the difficulties for plans in having to adoption, constitute the Secretary’s Secretary that an employee welfare account for beneficiaries (e.g., spouses, finding for purposes of determining benefit plan is established or dependent children, etc.) who are whether a plan is established or maintained under or pursuant to one or covered solely by virtue of their maintained under or pursuant to one or more collective bargaining agreements if relationship to a participant. more collective bargaining agreements it meets the criteria in the proposed Beneficiaries are not counted to pursuant to section 3(40) of ERISA. The regulation and does not come within determine whether the 80% test has criteria contained in the proposed one of the exclusions. been met.
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The nexus group includes a broad counsel, administrator, or persons contributions are made or coverage is group of participants—those commonly providing computer maintenance or provided under the plan. Determining found in traditional multiemployer other contract services. who is an employed individual relies on welfare benefit plans, due to their Whether a plan or other arrangement general common law principles. connection to the plan or the collective meets the criteria for the finding that it Section 2510.3–40(b)(2)(ii)—Retirees bargaining process—among those is established or maintained under or covered in the 80% test. This is a pursuant to a collective bargaining The nexus group includes retired change from the August 1995 NPRM, agreement within the meaning of participants who either (a) participated which focused the numerical test on section 3(40) is to be determined based in the welfare benefit plan at least five those individuals covered by the on its characteristics ‘for a plan year.’ A of the last 10 years preceding their collective bargaining agreement. plan’s status ‘for a plan year’ is to be retirement, or (b) are receiving benefits In drafting proposed regulatory text, determined as of a point or points under a multiemployer pension plan the Committee took into account that during the plan year that is reasonably maintained under the same agreement there are other categories of individuals, representative with respect to that plan. as the welfare benefit plan and had at not specifically identified in subsection Unlike the 1995 NPRM, the proposed least five years of service (or the (b)(2), who traditionally may be covered regulation does not prescribe the equivalent for plans that determine by multiemployer plans because of their specific measurement dates. Among pension eligibility or entitlement in a relationship to the plan or the other things, the Committee believed different manner) under that employee sponsoring unions or employers, such that formal procedures governing the pension benefit plan. as employees of an industry credit calculation of the level of non-nexus Section 2510.3–40(b)(2)(iii)—Statutory union or an administrative entity set up participation are not needed under this to collect and reconcile employer proposal. That is because the Committee Extended Coverage contributions and related payments. expected that few multiemployer plans The nexus group includes Based on the information available to would even cover people who do not fit participants who were active the Committee, the number of such any of the nexus categories and that participants and are on extended participants in any given situation is plans should not find it difficult to coverage under the plan under legally likely to be so small compared to the identify and keep track of the small required coverage extensions. This plan’s total participant population that number of non-nexus participants. includes people whose coverage is they would fit well within the 20% Moreover, the Committee recognized based on the continuation coverage allowance for coverage of non-nexus that, given the wide variety of requirements of the Consolidated people. Because plans are not likely to employment patterns in the industries Omnibus Budget Reconciliation Act of run the risk of being deemed to be a covered by multiemployer plans and the 1985 (COBRA), the Family and Medical MEWA by virtue of covering these potential that unforeseen events could Leave Act and the Uniformed Services incidental categories, it did not appear distort the coverage picture temporarily, Employment and Reemployment Rights necessary to attempt to promulgate an no single set of fixed determination Act. It also includes coverage required exhaustive list of such individuals for dates was likely to capture a fair picture to be provided by a court, arbitration or inclusion in the nexus group. However, for the universe of affected plans. administrative decision and coverage the Department invites public comment In the Committee’s judgment, that remains in place, pursuant to the identifying any other categories of attempting to prescribe specific times National Labor Relations Act, or other participants who similarly have and procedures for making the 80% applicable law, after expiration of a historically been covered under one or coverage determination could place collective bargaining agreement. more multiemployer plans because of undue emphasis on the mechanics of their traditional and close connection to the head count, and would make the Section 2510.3–40(b)(2)(iv)—Extended the bargaining relationship, the regulation more complex and costly to Coverage Under the Terms of the Plan bargaining unit or the employers that administer, since the rule should have Participants with extended coverage contribute to the plan, and whose to include a wide range of variations under the terms of the plan (even where participation is material enough to and alternatives. At the same time, the extended coverage opportunity is warrant specific inclusion in the nexus mechanical rules broad enough to take not required by statute) are also in the group. care of the spectrum of plans that are nexus group. This includes common The Committee recommended a 20% undeniably maintained pursuant to types of coverage extensions following a margin for coverage of non-nexus collective bargaining would lend period of eligibility based on active people, even though it understood that themselves to relatively easy evasion. participation, such as self-payment, the percentage of participants in MEWA operators could manipulate hour bank, long- or short-term collectively bargained plans who are not participants’ coverage dates to make it disability, furlough, or temporary within one of the nexus categories is appear that the test for collective unemployment, as long as the rarely likely to be that high. The bargaining status was met on the official participant is not required to pay more Committee believed that this percentage measuring date. than the applicable COBRA premium gives plans enough leeway so that they Public comments, plus specific for the coverage in question. will not need to worry about detailed suggestions, are invited on whether the Section 2510.3–40(b)(2)(v)—Reciprocity head counts, while offering coverage to, regulation should be more precise as to Agreements for instance, a limited number of union the ‘for a plan year’ determination. members who have not been covered by The nexus group includes collective bargaining agreements Section 2510.3–40(b)(2)(i)—Participants participants who are covered under the because the union has not yet been Covered by the Collective Bargaining plan pursuant to a reciprocal agreement recognized as their bargaining Agreement with one or more other multiemployer representative, or to parties providing The primary component of the nexus welfare plans. Reciprocal agreements services to the plan for whom health group is individuals employed under are most common in construction and coverage under the plan is part of their one or more of the collective bargaining other industries where union- compensation, such as the plan’s legal agreements pursuant to which represented workers tend to travel from
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The Committee received written plan. For this purpose, coverage for Section 2510.3–40(c)—Exclusions comments during the course of its dental or vision care, or coverage for Section (c), Exclusions, sets forth negotiations suggesting that a trust excepted benefits under the Health specific circumstances where, regardless providing health coverage that had been Insurance Portability and of whether an employee welfare benefit in existence for a certain period of time Accountability Act is disregarded, plan meets the general criteria be ‘‘grandfathered,’’ regardless of the unless the employer pays at least 75% provisions in section (b), an employee percentage of participants covered by of the premiums or contributions for welfare benefit plan shall not be deemed collective bargaining agreements. The that coverage. This calculation is to be established or maintained under or Committee determined that a illustrated in the proposed regulation at pursuant to one or more agreements grandfather that serves as an indicator of subsection (e), Example 4. which the Secretary finds to be thebona fides of the underlying collective bargaining agreements for any collective bargaining process was Section 2510.3–40(b)(4)(vii) plan year where the circumstances are warranted. See subsections (b)(4)(iii) present. and (b)(4)(iv). The purpose of the The seventh factor applies where the regulatory finding, however, is not to predominant employee organization Section 2510.3–40(c)(1) determine what plans or arrangements provides, sponsors or jointly sponsors a hiring hall and/or a state certified Subsection (c)(1)(i) addresses the use should or could be the subject of State of insurance agents and brokers apprenticeship program, the services of enforcement action, but rather to define (referred to in the regulation as which are available to substantially all what employee welfare benefit plans are ‘‘insurance producers’’) to market self- active participants in the plan. The established or maintained under or funded or partially self-funded plans to actual nature of the services offered by pursuant to collective bargaining within employers. Many of the problems in this the meaning of section 3(40) of ERISA. the employee organization will control, area involved commercial schemes The Committee agreed that, for that rather than the existence of self-serving marketed by (1) insurance producers; or purpose, the 80% nexus standard is paper formalities that purport to (2) by individuals who are disqualified appropriate regardless of the length of document the existence of such or ineligible for a license to serve as time the plan or trust has been in services. insurance producers; or (3) by other operation. If a plan or arrangement is Section 2510.3–40(b)(4)(viii) individuals who are paid on a not established or maintained under or commission-type basis. pursuant to one or more collective The eighth and last factor relevant to Subsection (c)(1)(i) provides that bargaining agreements, whether or not the presumption of the bona fides of the where a plan is self-funded or partially ERISA preemption applies is beyond the collective bargaining relationship self-funded, and it is marketed by scope of this regulation. underlying the plan applies to collective insurance producers or by individuals Section 2510.3–40(b)(4)(iv) bargaining agreements in the building who are disqualified from, ineligible for, Under the fourth factor, the and construction industry, where some or have failed to obtain a license to predominant employee organization states have prevailing wage statutes for serve as an insurance producer, but who that is a party to the agreement relating public works projects. This factor engage in activities for which such a to the employee welfare benefit plan applies where a state agency has made license is required, it will be excluded must have been a national or an investigation and a determination from the regulatory finding in international union, or a federation of about whether the collective bargaining subsection (b), regardless of the method national and international unions, or agreement is bona fide in the course of of compensation for marketing. affiliated with such a union or making a prevailing wage Subsection (c)(1)(i) also takes a plan out federation, since before January 1, 1983. determination, such as under Article 8 of the regulatory finding if individuals of NYS Labor Law, section 220. other than those described above are Section 2510.3–40(b)(4)(v) paid on a commission basis to market The fifth factor is that there has been Section 2510.3–40(b)(4)(ix) the plan. This was designed to prevent a determination, following a avoidance of the above limitation by use Subsection (b)(4)(ix) sets forth of people other than insurance government-supervised election or a additional subjective and objective contested proceeding, that the producers. The qualification involving indicia that may be considered in payment on a commission basis was predominant employee organization determining the existence of a bona fide that is a party to the agreement relating intended to distinguish this kind of collective bargaining relationship. This to the employee welfare benefit plan is commercial enterprise from union provision gives examples of some of the the lawfully recognized or designated organizing that features health or other kinds of indicia that the Committee collective bargaining representative welfare benefits. considered relevant and probative of the with respect to one or more bargaining Subsection (c)(1)(ii) addresses the existence of a bona fide collective units of personnel covered by such concept of ‘‘marketing’’ for the purposes agreement. bargaining relationship. The examples of subsection (c)(1)(i). The Committee given, which were not meant to be recognized that insurance producers Section 2510.3–40(b)(4)(vi) exhaustive, reflect the Committee’s have a role in the administration of The sixth factor applies to plans understanding of the realities of multiemployer plans, and they can be where the employees’ coverage (but not collective bargaining. For example, compensated appropriately for those necessarily coverage for employees’ where a collectively bargained plan services. Those services—including dependents) is, in large part, employer- covers self-employed participants, there offering or selling those services to the funded. It applies where employers pay is usually a reason grounded in the plan—do not trigger the exclusion, and at least 75% of the premiums or employment patterns and bargaining the regulation makes this clear. The contributions required for the coverage structures in that industry, such as regulation is not intended to preclude of active participants under the plan, or owner-operators who remain in the plan insurance producers from selling 75% of the premiums or contributions whether or not they are currently insurance coverage to the trustees of a for retirees in the case of a retiree-only working under an agreement. multiemployer plan, i.e., marketing
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Total Nexus Type of participants number group Non-nexus
1. Individuals working under CBAs ...... 320 (64%) 320 (64%) 0 2. Retirees ...... 50 (10%) 50 (10%) 0 3. ``Special Class''ÐNon-CBA, non-alumni ...... 100 (20%) 50 (10%) 50 (10%) 4. Non-nexus participants ...... 30 (6%) 0 30 (6%)
Total ...... 500 420 (84%) 80 (16%) (100%)
(2) In determining whether at least 80% of individuals and 50 are not counted as nexus represented workers in the industry, and the Plan A’s participant population is made up individuals. Nonetheless, the Plan satisfies number of active participants in the National of individuals with the required nexus to the the 80% criterion under paragraph (b)(2) MG Health and Welfare Plan, first grew and collective bargaining agreement as required because a total of 420 (320 individuals then declined. New Locals were formed and by paragraph (b)(2) of this section, the Plan covered by the collective bargaining later were shut down. Despite these may count as part of the nexus group only agreement, plus 50 retirees, plus 50 fluctuations, the National MG Health and 50 (10% of the total plan population) of the individuals employed by signatory Welfare Plan meets the factors described in 100 individuals described in paragraph employers), or 84%, of the 500 participants paragraphs (b)(4)(iii) and (iv) of this section, (b)(2)(viii) of this section. That is because the in Plan A are individuals who may be as the plan has been in existence pursuant to number of individuals meeting the category counted as nexus participants under collective bargaining agreements to which of individuals in paragraph (b)(2)(viii) paragraph (b)(2). Beneficiaries (e.g., spouses, the International Union and its affiliates have exceeds 10% of the total participant dependent children, etc.) are not counted to been parties, since prior to January 1, 1983. population by 50 individuals. The paragraph determine whether the 80% test has been (2) Assume the same facts, except that on specifies that those individuals who are met. January 1, 1999, International Union MG deemed to be nexus individuals because they Example 2. (1) International Union MG and merged with International Union RE to form are the type of individuals described in its Local Unions have represented people International Union MRGE. MRGE and its paragraph (b)(2)(viii) in excess of 10% of the working primarily in a particular industry for Locals now represent the active participants total plan population may not be counted in over 60 years. Since 1950, most of their in the National MG Health and Welfare Plan the nexus group. Here, 50 of the 100 collective bargaining agreements have called and in the National RE Health and Welfare individuals employed by signatory for those workers to be covered by the Plan which, for 45 years, had been employers, but not covered by the collective National MG Health and Welfare Plan. maintained under collective bargaining bargaining agreement, are counted as nexus During that time, the number of union- agreements negotiated by International Union
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RE and its Locals. Since International Union coverage under Fund M, and he explains the (2) In this example, Plan A qualifies for the MRGE is the continuation of, and successor cost structure and benefits that Fund M regulatory finding that it is a multiemployer to, the MG and RE unions, the two plans provides. Arthur is not engaged in marketing plan established and maintained under or continue to meet the factors in paragraphs within the meaning of paragraph (c)(1) of this pursuant to one or more collective bargaining (b)(4)(iii) and (iv) of this section. This also section, so the fact that he provides these agreements, assuming that its participant administrative services and sells insurance to would be true if the two plans were merged. population satisfies the 80% test of Example 3. Assume the same facts as in the Fund itself does not affect the plan’s paragraph (b)(2) of this section and that none paragraph (2) of Example 2 with respect to status as a plan established or maintained International Union MG. However, in 1997, under or pursuant to a collective bargaining of the disqualifying factors in paragraph (c) one of its Locals and the employers with agreement. This is the case, whether or how of this section is present. Plan A’s status for which it negotiates agree to set up a new he is compensated. the purpose of this section is not affected by multiemployer health and welfare plan that Example 6. Assume the same facts as the fact that some of the employers who deal only covers the individuals represented by Example 5, except that Arthur has a group of with Union A have challenged Union A’s that Local Union. That plan would not meet clients unrelated to the employees covered conduct, or have disputed under labor the factor in paragraph (b)(4)(iii) of this by or the employers bound to the collective statutes and legal doctrines other than ERISA section, as it has not been incorporated or bargaining agreement, whose insurance section 3(40) the validity and enforceability carrier has withdrawn from the market in referenced in collective bargaining of their putative contract with Union A, agreements, dating back to before January 1, their locality. He persuades them to retain him to find them other coverage. The group regardless of the outcome of those disputes. 1983. Example 8. (1) Assume the same facts as Example 4. (1) Pursuant to a collective of clients has no relationship with the labor Example 7. Plan A’s benefits consultant bargaining agreement between various union that represents the participants in employers and Local 2000, the employers Fund M. However, Arthur offers them recently entered into an arrangement with contribute $2 per hour to the Fund for every coverage under Fund M, and persuades the the Medical Consortium, a newly formed hour that a covered employee works under Fund’s Trustees to allow the client group to organization of health care providers, which the agreement. The covered employees are join Fund M in order to broaden Fund M’s allows the Plan to offer a broader range of automatically entitled to health and contribution base. Arthur’s activities in health services to Plan A’s participants while disability coverage from the Fund for every obtaining coverage for the unrelated group achieving cost savings to the Plan and to calendar quarter the employees have 300 under Fund M constitutes marketing through participants. Union A, Plan A, and Plan A’s an insurance producer, which makes Fund M hours of additional covered service in the consultant each have added a page to their a MEWA under paragraph (c)(1) of this preceding quarter. The employees do not websites publicizing the new arrangement need to make any additional contributions section. Example 7. (1) Union A represents with the Medical Consortium. Concurrently, for their own coverage, but must pay $250 thousands of construction workers in a three- Medical Consortium’s website prominently per month if they want health coverage for state geographic region. For many years, publicizes its recent affiliation with Plan A their dependent spouse and children. Union A has maintained a standard written and the innovative services it makes Because the employer payments cover 100% collective bargaining agreement with several available to the Plan’s participants. Union A of the required contributions for the hundred large and small building has mailed out informational packets to its employees’ own coverage, the Local 2000 contractors, covering wages, hours, and other Employers Health and Welfare Fund meets members describing the benefit terms and conditions of employment for all enhancements and encouraging election of the ‘‘75% employer payment’’ factor under work performed in Union A’s geographic paragraph (b)(3)(vi) of this section. family coverage. Union A has also begun territory. The terms of those agreements are distributing similar material to workers on (2) Assume, however, that the negotiated negotiated every three years between Union hundreds of non-union construction job sites employer contribution rate was $1 per hour, A and a multiemployer Association, which and the employees could only obtain health signs on behalf of those employers who have within its geographic territory. coverage for themselves if they also elected delegated their bargaining authority to the (2) In this example, Plan A remains a plan to contribute $1 per hour, paid on a pre-tax Association. Hundreds of other employers— established and maintained under or basis through salary reduction. The Fund including both local and traveling pursuant to one or more collective bargaining would not meet the 75% employer payment contractors—have chosen to become bound agreements under section 3(40) of ERISA. factor, even though the employees’ to the terms of Union A’s standard area Neither Plan A’s relationship with a new contributions are treated as employer agreement for various periods of time and in organization of health care providers, nor the contributions for tax purposes. Under ERISA, various ways, such as by signing short-form use of various media to publicize Plan A’s and therefore under this section, elective binders or ‘‘me too’’ agreements, executing a attractive benefits throughout the area served salary reduction contributions are treated as single job or project labor agreement, or by Union A, alters Plan A’s status for purpose employee contributions. The outcome would entering into a subcontracting arrangement be the same if a uniform employee of this section. with a signatory employer. All of these Example 9. (1) Assume the same facts as contribution rate applied to all employees, employ individuals represented by Union A in Example 7. Union A undertakes an area- whether they had individual or family and contribute to Plan A, a self-insured coverage, so that the $1 per hour employee multiemployer health and welfare plan wide organizing campaign among the contribution qualified an employee for his or established and maintained under Union A’s employees of all the health care providers her own coverage and, if he or she had standard area agreement. During the past who belong to the Medical Consortium. dependents, dependent coverage as well. year, the trustees of Plan A have brought When soliciting individual employees to sign Example 5. Arthur is a licensed insurance lawsuits against several signatory employers up as union members, Union A distributes broker, one of whose clients is seeking contributions allegedly owed, but not Plan A’s information materials and promises Multiemployer Fund M, a partially self- paid to the trust. In defending that litigation, to bargain for the same coverage. At the same funded plan. Arthur takes bids from a number of employers have sworn that they time, when appealing to the employers in the insurance companies on behalf of Fund M for never intended to operate as union Medical Consortium for voluntary the insured portion of its coverage, helps the contractors, that their employees want recognition, Union A promises to publicize trustees to evaluate the bids, and places the nothing to do with Union A, that Union A the Consortium’s status as a group of Fund’s health insurance coverage with the procured their assent to the collective unionized health care service providers. carrier that is selected. Arthur also assists the bargaining agreement solely by threats and Union A eventually succeeds in obtaining trustees of Fund M in preparing material to fraudulent misrepresentations, and that explain the plan and its benefits to the Union A has failed to file certain reports recognition based on its majority status participants, as well as in monitoring the required by the Labor Management Reporting among the employees working for Medical insurance company’s performance under the and Disclosure Act. In at least one instance, Consortium employers. The Consortium, contract. At the Trustees’ request, Arthur a petition for a decertification election has acting on behalf of its employer members, meets with a group of employers with which been filed with the National Labor Relations negotiates a collective bargaining agreement the union is negotiating for their employees’ Board. with Union A that provides terms and
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§ 18.43 Formal Hearings. ERISA is set forth in section 2570.130. rule on the designation of parties In this regard, it should be noted that (2570.133) differs from its counterpart § 18.44 [Reserved]. these procedural rules apply only to under section 18.10 of this title in that § 18.45 Official Notice. adjudicatory proceedings before ALJs of it specifies that the parties in these the United States Department of Labor. proceedings will be limited to (i) the § 18.46 In Camera and Protective Orders. Pursuant to proposed rule section entity filing a petition under section § 18.47 Exhibits. 2570.131, contained in this notice, an 2750.134 (the plan or other arrangement adjudicatory proceeding before an ALJ against whom state law or jurisdiction § 18.48 Records in Other Proceedings. may be commenced only when the has been asserted); (ii) the state or states jurisdiction or law of a state has been whose law or jurisdiction has been § 18.49 Designation of Parts of asserted against a plan or other asserted to apply to the entity; (iii) any Documents. arrangement that contends it meets the individual party other than a state who § 18.50 Authenticity. exception for plans established or has asserted that a particular state has maintained under or pursuant to jurisdiction over the entity, or whose § 18.51 Stipulations. collective bargaining. Only an entity law applies; and (iv) the Secretary of § 18.52 Record of Hearings. against whom the jurisdiction or law of Labor. a state has been asserted may initiate Within 30 days after the service of the § 18.53 Closing of Hearings. adjudicatory proceedings before an ALJ petition, any other party may file a under these rules. response to the petition. Before that § 18.54 Closing the Record. The definitions section (2570.132) of date, any state not named in the petition § 18.55 Receipt of Documents After these rules incorporates the basic may intervene as of right, simply by Hearing. adjudicatory principles set forth in giving written notice to the other parties Subpart A of 29 CFR Part 18, but and the ALJ. After that date, § 18.56 Restricted Access. includes terms and concepts of specific intervention by other states is § 18.58 Appeals. relevance to proceedings under section permissive with consent of all parties or 3(40) of ERISA. In this respect, it differs by order of the ALJ. § 18.59 Certification of Official Record. from its more general counterpart at Section 2570.136, relating to This proposed rule is designed to section 18.2 of this title. In particular, expedited proceedings, permits any of maintain the maximum degree of section 2570.132(f) states that the term the parties to move to shorten the time uniformity with the rules set forth in ‘‘Secretary’’ means the Secretary of for the scheduling of a proceeding, Subpart A of 29 CFR Part 18, consistent Labor and includes various persons to including the time for conducting with the need for an expedited whom the Secretary may delegate discovery. Paragraph (b) of section procedure, but also recognizing the authority. This definition is not 2570.136 describes the information special characteristics of proceedings intended to suggest any limitation on which must be set forth in support of a under ERISA section 3(40). For the authority that the Secretary has party’s motion to expedite proceedings. purposes of clarity, where a particular delegated to the Assistant Secretary for Paragraph (c) of section 2570.136 section of the existing procedural rules Pension and Welfare Benefits. As noted prescribes the manner of service for would be affected by these proposed above, the Secretary of Labor has purposes of this section, while rules, the entire section of the existing delegated most of her authority under paragraph (d) generally sets a time limit procedural rules (with the appropriate ERISA to the Assistant Secretary for of ten days from the date of service of modifications) has been set out in this Pension and Welfare Benefits. Thus, the the motion for all other parties to file an document. Thus, only a portion of the Department contemplates that the duties opposition in response to the motion. provisions of the procedural rules set assigned to the Secretary under these Paragraph (e) permits an ALJ to advance forth below contain changes from, or proposed procedural regulations will in the schedule for pleadings, discovery, additions to, the rules in Subpart A of fact be discharged by the Assistant prehearing conferences and the 29 CFR Part 18. The Department seeks Secretary for Pension and Welfare adjudicatory hearing after receiving the parties’ statements in response to the suggestions on ways to facilitate and Benefits or a properly authorized initial motion, but requires that the ALJ expedite the process by electronic delegate. give notice of at least five business days means or otherwise. The specific 2. Proceedings Before Administrative in advance of a hearing on the merits, modifications to the rules in Subpart A Law Judges unless all parties consent otherwise to of 29 CFR Part 18, and their relationship Section 2570.133 (relating to parties an earlier hearing. Paragraph (f) of to the conduct of these proceedings to the proceedings) and section 2570.94 section 2570.136 provides that when an generally, are outlined below. (relating to filing and contents of a expedited hearing is held, the ALJ must E. Discussion of the Proposed Rules petition) contemplate that adjudicatory issue a decision within 20 working days proceedings will be initiated with the after receipt of the transcript of an oral 1. In General filing by an entity of a petition for a hearing, or within 20 working days after Generally, the proposed rule in determination under section 3(40) of the filing of all documentary evidence, section 2510.3–40, also being published ERISA. The service of documents by the if no oral hearing is conducted. today, sets forth the finding by the parties to an adjudicatory proceeding, as The proposed rule on the allocation of Secretary as to what constitutes an well as by the ALJ, will be governed by the burden of proof (2570.137) provides employee welfare benefit plan section 2570.135 of these rules. that for purposes of a final decision established or maintained under or In general, the rules in Subpart A of under section 2570.138 (decision of pursuant to one or more collective 29 CFR Part 18 concerning the administrative law judge) and section bargaining agreements under section computation of time, pleadings and 2570.139 (review by the Secretary), the 3(40) of ERISA. The availability of the motions, and prehearing conferences petitioner has the ultimate burden of procedures in these proposed rules is and statements, are adopted in these establishing each of the elements of limited. The applicability of these procedures for adjudications under subparagraph (b)(4) of section 2570.134, procedural rules under section 3(40) of section 3(40) of ERISA. The proposed relating to whether the entity qualifies
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45 represents a conservatively high Committee under the Negotiated Governing Procedures for estimate of the number of plans or Rulemaking Act. (5 U.S.C. 561 et seq.) Administrative Hearings Regarding arrangements which would petition for (NRA). The Committee membership was Plans Established or Maintained an administrative hearing. Of all small chosen from the organizations that Pursuant to Collective Bargaining plans, then, the greatest number of plans submitted comments on the Agreements under Section 3(40)(A) of likely to petition for an administrative Department’s August 1995 NPRM and ERISA. A copy of the ICR may be hearing represents a very tiny fraction of from the petitions and nominations for obtained by contacting the individual the total number of small plans. In membership received in response to the identified below in this notice. addition, the Department has assumed Notice of Intent. The membership The Department has submitted a copy that an entity’s exercise of the included representatives from labor of the proposed information collection opportunity to petition for a finding will unions, multiemployer plans, state to OMB in accordance with 44 U.S.C. generally be less costly than available governments, employer/management 3507(d) for review of its information alternatives. Accordingly, the associations, Railway Labor Act plans, collections. The Department and OMB Department has concluded that this third-party administrators, independent are particularly interested in comments regulation will not have a significant agents and brokers of insurance that: economic impact on a substantial products, insurance carriers, and the • Evaluate whether the proposed number of small entities, but requests federal government. This regulation collection of information is necessary comments on the comparative costs of represents the Committee’s consensus, for the proper performance of the establishing a small entity’s legal status in the form of a proposed rule, for functions of the agency, including in a court of law or at ALJ hearing. determining the legal status of a welfare whether the information will have (e) Duplication. No federal rules have benefit plan. Based on the fact that this practical utility; been identified that duplicate, overlap, Notice of Proposed Rulemaking is the • Evaluate the accuracy of the or conflict with the proposed rule. result of a Committee decision by agency’s estimate of the burden of the (f) Alternatives. The proposed consensus, and the fact that the collection of information, including the regulation represents the consensus Committee represents a cross section of validity of the methodology and report of a committee established in the state, federal, association, and assumptions used; 1998 by the Secretary to provide an private sector insurance universe, the • Enhance the quality, utility, and alternative to guidance proposed by the Department believes that, as an clarity of the information to be Department in 1995. Recognizing that alternative to the 1995 NPRM, this collected; and • guidance was needed in clarifying regulation will accomplish the stated Minimize the burden of the collective bargaining exceptions to the objectives of the Secretary and will have collection of information on those who MEWA regulation, the Secretary had, in a beneficial impact on MEWAs and on are to respond, including through the 1995, published a Notice of Proposed state insurance commissions. No other use of appropriated automated, Rulemaking on Plans Established or significant alternatives which would electronic, mechanical, or other Maintained Pursuant to Collective minimize the economic impact on small technological collection techniques or Bargaining Agreements in the Federal entities have been identified. other forms of information technology, Register (60 FR 39209). At that time, the Participating in an administrative e.g., permitting electronic submission of Department also proposed, as part of the hearing to determine legal status is a responses. NPRM, that it would be within the voluntary undertaking on the part of a Comments should be sent to the authority of state insurance regulators to MEWA. It would be inappropriate to Office of Information and Regulatory identify and regulate MEWAs operating create an exemption for small MEWAs Affairs, Office of Management and in their jurisdictions. In other words, under the proposed regulation because Budget, Room 10235, New Executive the proposed approach did not establish small MEWAs are as in need of Office Building, Washington, DC 20503; a method for obtaining individual clarification of their legal status as are Attention: Desk Officer for the Pension findings by the Department. larger MEWAs. and Welfare Benefits Administration. The Department received numerous Although comments may be submitted comments on the NPRM. Commenters Paperwork Reduction Act through December 26, 2000. OMB expressed concerns about their ability to As part of its continuing effort to requests that comments be received comply with the standards set forth in reduce paperwork and respondent within 30 days of publication of the the NPRM and to establish compliance burden, the Department of Labor Notice of Proposed Rulemaking to with the criteria proposed by the conducts a preclearance consultation ensure their consideration. Department. Commenters also objected program to provide the general public Address requests for copies of the ICR to the part of the proposal which would and Federal agencies with an to Gerald B. Lindrew, Office of Policy have had state regulators determine opportunity to comment on proposed and Research, U.S. Department of Labor, whether a particular agreement was a and continuing collections of Pension and Welfare Benefits collective bargaining agreement. information in accordance with the Administration, 200 Constitution Commenters strongly preferred that Paperwork Reduction Act of 1995 (PRA Avenue, NW., Room N–5647, determination of whether a plan was 95) (44 U.S.C. 3506(c)(2)(A)). This helps Washington, DC 20210. Telephone (202) established under or pursuant to a to ensure that requested data can be 219–4782; Fax: (202) 219–4745. These collective bargaining agreement lie with provided in the desired format, are not toll-free numbers. a federal agency and not with individual reporting burden (time and financial This proposed regulation establishes states. resources) is minimized, collection procedures for hearings before an Based on the comments received, the instruments are clearly understood, and Administrative Law Judge (ALJ) with Department turned to negotiated the impact of collection requirements on respect to determinations under Section rulemaking as an appropriate method of respondents can be properly assessed. 3(40) of the Employee Retirement developing a revised Notice of Proposed Currently, PWBA is soliciting Income Security Act of 1974 (ERISA). Rulemaking. In September 1998, the comments concerning the proposed Section 3(40) excepts from the Secretary established the ERISA Section information collection request (ICR) definition of a multiple employer 3(40) Negotiated Rulemaking Advisory included in this Proposed Rule welfare arrangement any plan or
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List of Subjects in 29 CFR Part 2570 proceedings shall be conducted as delegation or sub-delegation of Administrative practice and expeditiously as possible, and the authority, the Assistant Secretary for procedure, Collective Bargaining, parties shall make every effort to avoid Pension and Welfare Benefits or other Employee benefit plans, Government delay at each stage of the proceedings. employee of the Pension and Welfare employees, Penalties, Pensions, Benefits Administration. § 2570.131 In general. (g) Section 3(40) Finding Proceeding Reporting and recordkeeping If there is an attempt to assert state requirements, Retirement. means a proceeding before the Office of jurisdiction or the application of state Administrative Law Judges relating to Proposed Regulations law, either by the issuance of a state whether the Secretary finds a plan to be administrative or court subpoena to, or For the reasons set out in the established or maintained under or the initiation of administrative or preamble, the Department proposes to pursuant to one or more collective judicial proceedings against, a plan or amend Part 2570 of Chapter XXV of bargaining agreements within the other arrangement that alleges it is Title 29 of the Code of Federal meaning of section 3(40) of ERISA. covered title I of ERISA, 29 U.S.C. 1003, Regulations as follows: the plan or other arrangement may § 2570.133 Parties. PART 2570Ð[AMENDED] petition the Secretary to make a finding For section 3(40) Finding under section 3(40) of ERISA that the Proceedings, this section shall apply 1. The authority for Part 2570 is plan is established or maintained under instead of 29 CFR 18.10. revised to read as follows: or pursuant to an agreement or (a) The term ‘‘party’’ with respect to Authority: 5 U.S.C. 8477(c)(3); Section agreements that the Secretary finds to be a Section 3(40) Finding Proceeding 3(40), 502(c)(2), 502(c)(5), 502(i), 505 and 734 collective bargaining agreements for means the petitioner and the of ERISA, 29 U.S.C. 1002(40) 1132(c)(2), purposes of section 3(40) of ERISA. respondents. 1132(c)(5), 1132(i), 1135, 1191(c); (b) States not named in the petition Reorganization Plan No. 4 of 1978; 5 U.S.C. § 2570.132 Definitions. may participate as parties in a Section 8477(c)(3); Secretary of Labor Order No. 1– For section 3(40) Finding 3(40) Finding Proceeding by notifying 87, 52 FR 13139 (April 21, 1987). Proceedings, this section shall apply the OALJ and the other parties in Subpart A is also issued under 29 U.S.C. instead of the definitions in 29 CFR writing prior to the date for filing a 1132(c)(1). 18.2. response to the petition. After the date Subpart G is also issued under sec. 4, Pub. (a) ERISA means the Employee L. 101–410, 104 Stat. 890 (28 U.S.C. 2461 for service of responses to the petition, note), as amended by sec. 31001(s)(1), Publ. Retirement Income Security Act of 1974, a state not named in the petition may L. 104–134, 110 Stat. 1321–373. et seq., 29 U.S.C. 1001, et seq., as intervene as a party only with the amended. consent of all parties or as otherwise 2. Subpart G is added in Part 2570 to (b) Order means the whole or part of ordered by the ALJ. read as follows: a final procedural or substantive (c) The Secretary of Labor shall be Subpart GÐProcedures for Issuance disposition by the administrative law named as a ‘‘respondent’’ to all actions. of Findings Under ERISA § 3(40) judge of a matter under section 3(40) of (d) The failure of any party to comply ERISA. No order will be appealable to with any order of the ALJ may, at the Sec. the Secretary except as provided in this discretion of the ALJ, result in the 2570.130 Scope of rules. subpart. denial of the opportunity to present 2570.131 In general. (c) Petition means a written request evidence in the proceeding. 2570.132 Definitions. under the procedures in this subpart for 2570.133 Parties. a finding by the Secretary under section § 2570.134 Filing and contents of petition. 2570.134 Filing and contents of petition. 3(40) of ERISA that a plan or (a) A person seeking a finding under 2570.135 Service. section 3(40) of ERISA must file a 2570.136 Expedited proceedings. arrangement is established or 2570.137 Allocation of burden of proof. maintained under or pursuant to one or written petition by delivering or mailing 2570.138 Decision of the Administrative more collective bargaining agreements. it to the Chief Docket Clerk, Office of Law Judge. (d) Petitioner means the plan or Administrative Law Judges (OALJ), 800 2570.139 Review by the Secretary. arrangement filing a petition. K Street, NW, Suite 400, Washington, (e) Respondent means: DC 20001–8002. § 2570.130 Scope of rules. (1) A state government (b) The petition shall— The rules of practice set forth in this instrumentality charged with enforcing (1) Provide the name and address of Subpart G apply to ‘‘Section 3(40) the law which is alleged to apply or the entity for which the petition is filed; Finding Proceedings’’ (as defined in which has been identified as asserting (2) Provide the names and addresses § 2570.132(g)), under section 3(40) of jurisdiction over a plan or other of the plan administrator and plan the Employee Retirement Income arrangement, including any agency, sponsor(s) of the plan or other Security Act of 1974 (ERISA or the Act). commission, board, or committee arrangement for which the finding is Refer to 29 CFR 2510.3–40 for the charged with investigating and sought; definition of relevant terms of section enforcing state insurance laws, (3) Identify the state or states whose 3(40) of ERISA, 29 U.S.C. 1002(40). To including parties joined under law or jurisdiction the petitioner claims the extent that the regulations in this § 2570.136; has been asserted over the plan or other subpart differ from the regulations in (2) The person or entity asserting that arrangement at issue, and provide the subpart A of part 18 of this title, the state law or state jurisdiction applies to addresses and names of responsible regulations in this subpart apply to the petitioner; officials; matters arising under section 3(40) of (3) The Secretary of Labor; and (4) Include affidavits or other written ERISA rather than the rules of (4) A state not named in the petition evidence showing that— procedure for administrative hearings who has intervened under (i) State jurisdiction has been asserted published by the Department’s Office of § 2570.133(b). over or legal process commenced Administrative Law Judges in subpart A (f) Secretary means the Secretary of against the plan or other arrangement of part 18 of this title. These Labor, and includes, pursuant to any pursuant to state law;
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(ii) The plan is an employee welfare (d) Form of pleadings—(1) Every the hearing, as deemed appropriate; benefit plan as defined at section 3(1) of pleading shall contain information provided, however, that a hearing on the ERISA (29 U.S.C. 1002(1)) and 29 CFR indicating the name of the Pension and merits shall not be scheduled with less 2510.3–1 and is covered by title I of Welfare Benefits Administration than five (5) working days notice to the ERISA (see 29 U.S.C. 1003); (PWBA) as the agency under which the parties, unless all parties consent to an (iii) The plan is established or proceeding is instituted, the title of the earlier hearing. maintained for the purpose of offering proceeding, the docket number (if any) (f) When an expedited hearing is held, or providing benefits described in assigned by the Office of Administrative the decision of the administrative law section 3(1) of ERISA (29 U.S.C. Law Judges and a designation of the judge shall be issued within twenty (20) 1002(1)) to employees of two or more type of pleading or paper (e.g., notice, days after receipt of the transcript of any employers (including one or more self- motion to dismiss, etc.). The pleading or oral hearing or within twenty (20) days employed individuals) or their paper shall be signed and shall contain after the filing of all documentary beneficiaries; the address and telephone number of evidence if no oral hearing is (iv) The plan satisfies the criteria in the party or person representing the conducted. 29 CFR 2510.3–40(b); and party. Although there are no formal § 2570.137 Allocation of burden of proof. (v) Service has been made as provided specifications for documents, they in § 2570.135. should be typewritten when possible on For purposes of a final decision under (5) The affidavits shall set forth such standard size 8 1⁄2 x 11 inch paper. § 2570.138 (Decision of the facts as would be admissible in (2) Illegible documents, whether Administrative Law Judge) or evidence in a proceeding under part 18 handwritten, typewritten, photocopies, § 2570.139 (Review by the Secretary), of this title and shall show affirmatively or otherwise, will not be accepted. the petitioner shall have the burden of that the affiant is competent to testify to Papers may be reproduced by any proof as to whether it meets 29 CFR the matters stated therein. The affidavit duplicating process provided all copies 2510.3–40. or other written evidence must set forth are clear and legible. specific facts showing the factors § 2570.138 Decision of the Administrative Law Judge. required under paragraph (b)(4) of this § 2570.136 Expedited proceedings section. For Section 3(40) Finding For section 3(40) finding proceedings, Proceedings, this section shall apply this section shall apply instead of 29 § 2570.13 Service. instead of 29 CFR 18.42. CFR 18.57. For section 3(40) proceedings, this (a) At any time after commencement (a) Proposed findings of fact, section shall apply instead of 29 CFR of a proceeding, any party may move to conclusions of law, and order. Within 18.3. (a) In general. Copies of all advance the scheduling of a proceeding, twenty (20) days of filing the transcript documents shall be served on all parties including the time for conducting of the testimony, or such additional of record. All documents should clearly discovery. time as the administrative law judge designate the docket number, if any, and (b) Except when such proceedings are may allow, each party may file with the short title of all matters. All documents directed by the Chief Administrative administrative law judge, subject to the to be filed shall be delivered or mailed Law Judge or the administrative law judge’s discretion under 29 CFR 18.55, to the Chief Docket Clerk, Office of judge assigned, any party filing a motion proposed findings of fact, conclusions of Administrative Law Judges (OALJ), 800 under this section shall: law, and order together with the K Street, N.W., Suite 400, Washington, (1) Make the motion in writing; supporting brief expressing the reasons DC 20001–8002, or to the OALJ Regional (2) Describe the circumstances for such proposals. Such proposals and Office to which the proceeding may justifying advancement; brief shall be served on all parties, and have been transferred for hearing. Each (3) Describe the irreparable harm that shall refer to all portions of the record document filed shall be clear and would result if the motion is not and to all authorities relied upon in legible. granted; and support of each proposal. (b) By parties. All motions, petitions, (4) Incorporate in the motion (b) Decision based on oral argument pleadings, briefs, or other documents affidavits to support any representations in lieu of briefs. In any case in which shall be filed with the Office of of fact. the administrative law judge believes Administrative Law Judges with a copy, (c) Service of a motion under this that written briefs or proposed findings including any attachments, to all other section shall be accomplished by of fact and conclusions of law may not parties of record. When a party is personal delivery, or by facsimile, be necessary, the administrative law represented by an attorney, service shall followed by first class, prepaid, U.S. judge shall notify the parties at the be made upon the attorney. Service of mail. Service is complete upon personal opening of the hearing or as soon any document upon any party may be delivery or mailing. thereafter as is practicable that he or she made by personal delivery or by mailing (d) Except when such proceedings are may wish to hear oral argument in lieu by first class, prepaid U.S. mail, a copy required, or unless otherwise directed of briefs. The administrative law judge to the last known address. The Secretary by the Chief Administrative Law Judge shall issue his or her decision at the shall be served by delivery to the or the administrative law judge close of oral argument, or within 30 Associate Solicitor, Plan Benefits assigned, all parties to the proceeding in days thereafter. Security Division, ERISA Section 3(40) which the motion is filed shall have ten (c) Decision of the administrative law Proceeding, P.O. Box 1914, Washington, (10) days from the date of service of the judge. Within 30 days, or as soon as DC 20013. The person serving the motion to file an opposition in response possible thereafter, after the time document shall certify to the manner to the motion. allowed for the filing of the proposed and date of service. (e) Following the timely receipt by the findings of fact, conclusions of law, and (c) By the Office of Administrative administrative law judge of statements order, or within thirty (30) days after Law Judges. Service of orders, decisions in response to the motion, the receipt of an agreement containing and all other documents shall be made administrative law judge may advance consent findings and order disposing of to all parties of record by regular mail pleading schedules, discovery the disputed matter in whole, the to their last known address. schedules, prehearing conferences, and administrative law judge shall make his
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Part III
National Credit Union Administration 12 CFR Part 701 Organization and Operations of Federal Credit Unions; Final Rule
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NATIONAL CREDIT UNION and update field of membership policies 2. Associational Common Bond ADMINISTRATION and address the issues that arose during Students Groups. The NCUA Board the oversight period. believes that students are a unique 12 CFR Part 701 On June 6, 2000, the NCUA Board group that can be considered either Organization and Operations of issued proposed amendments to its occupational or associational depending Federal Credit Unions chartering and field of membership on the circumstances. A student group, policies with a sixty-day comment by itself or when combined with school AGENCY: National Credit Union period. 65 FR 37065 (June 13, 2000). employees, can be or constitute part of Administration. The comment period ended on August an occupational common bond. ACTION: Final rule. 14, 2000. Similarly, when part of a faith-based group, the student group can be treated SUMMARY: The NCUA Board is amending Four hundred and forty-nine as part of an associational common its chartering and field of membership comments were received. Comments bond. Therefore the NCUA Board manual to update chartering policies were received from two hundred and proposed to amend Chapter 2, Section and further streamline the select group eighty-seven federal credit unions, one III. A.1. of IRPS 99–1 to reflect this application process. These amendments hundred and seventeen state chartered view. Nine commenters agreed with this result from NCUA’s experience credit unions, one United States change. One commenter believes this addressing field of membership issues Senator, four United States proposal is too expansive. For the and concerns that surfaced after the Congressmen, twenty-one state leagues, reasons stated in the proposed rule, the adoption of the current chartering and six national credit union trade field of membership policies. associations, two bank trade NCUA Board is adopting the amendment as proposed. associations, two state representatives, EFFECTIVE DATE: November 27, 2000. Two commenters stated that alumni one shared service cooperative, one ADDRESSES: National Credit Union of a school should not have to join the technical support specialist, and seven Administration, 1775 Duke Street, alumni association before being eligible credit union members. Alexandria, Virginia 22314–3428. for credit union service. The Board does FOR FURTHER INFORMATION CONTACT: J. Generally, with the exception of the not agree. Eligibility for credit union Leonard Skiles, Chairman, Field of proposed addition of a community membership based on an alumni Membership Task Force, 4807 action plan requirement (CAP) for associational common bond requires Spicewood Springs Road, Suite 5200, community chartered credit unions, that an alumnus be a member of the Austin, Texas 78759 or telephone (512) most commenters were supportive of association. Additionally, the alumni 231–7900; Michael J. McKenna, Senior the proposed revisions to NCUA’s association must meet the requirements Staff Attorney, Office of General chartering policies. As a result of those of an association. Those requirements Counsel, 1775 Duke Street, Alexandria, comments, a number of modifications to include consideration of the payment of Virginia 22314 or telephone (703) 518– the proposed rule have been dues, voting rights, sponsored activities, 6540; Lynn K. McLaughlin, Program incorporated into the final rule. An etc. These commenters also stated that, Officer, Office of Examination and overwhelming majority of the in some cases, alumni of a college or a Insurance, 1775 Duke Street, commenters concentrated on the CAP university were automatically members Alexandria, Virginia 22314 or telephone provision and recommended that it be of their alumni association and, in some (703) 518–6360. deleted. The final rule, while not cases, alumni associations do not charge SUPPLEMENTARY INFORMATION: In 1998, deleting the CAP concept, has been dues to belong to the alumni Congress revised the laws on field of modified from the proposed rule. association. To clarify current policy, if membership with the passage of the an alumnus is automatically a member Credit Union Membership Access Act A. Final Amendments of the alumni association as a result of (‘‘CUMAA’’). On August 31, 1998, the 1. Occupational Common Bond graduation, and there are no other NCUA Board issued a proposed rule membership requirements, then the updating NCUA’s chartering and field of The NCUA Board proposed to amend membership requirement is satisfied membership policies. 62 FR 49164 the language in the section on provided the other indicia of (September 14, 1998). On December 17, occupational common bonds so that in membership in an association are met. 1998, the NCUA Board issued a final situations where multiple contractors Graduates of a college or university rule with an effective date of January 1, who qualify based on a strong would not be a legitimate associational 1999. When the NCUA Board issued its dependency relationship are sole common bond. final rule it instructed the Field of proprietors (for example, there may be One commenter stated that Chapter 2, Membership Taskforce to coordinate hundreds of independent drivers for a Section IV.A.1 should be amended to and monitor implementation of the new particular taxi company), the regional demonstrate that a multiple common chartering policies and make necessary director may use generalized wording in bond credit union can add students as recommendations for policy the credit union’s charter. Seven either an associational group or clarifications and amendments to IRPS commenters agreed with this proposed occupational group. The Board believes 99–1. change. One commenter opposed the that since this is addressed in both the Over the past twenty-two months, change. One commenter stated the more occupational and associational sections, NCUA’s Field of Membership Taskforce generalized language should be used in this revision is not necessary. has monitored and reviewed the all cases of sole proprietors. The NCUA implementation of IRPS 99–1 in an Board believes that the regions will, in 3. Multiple Common Bond Credit effort to improve consistency and most cases, use the generalized wording Unions provide a basis, if necessary, for further for most sole proprietors, but there may Expedited Process for Groups of 500 clarifications and modifications. As a be cases when the generalized wording or Less. In the chartering process, as result of this continued oversight, the would not be appropriate. Therefore, the well as the addition of select groups to Field of Membership Taskforce made a final rule incorporates the amendment a multiple common bond credit union, number of recommendations to clarify as proposed. economic advisability is critically
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That is, the credit union should be able various, and sometime numerous, should have a significant bearing on to serve new members of these select consequences of a corporate which credit union will serve the groups for three years after the restructuring/reorganization, employees. Although the desires of the conversion. The NCUA Board believes particularly when the credit unions sponsor are important, from a safety and that when a credit union converts to a involved are reluctant and, in some soundness perspective, as well as community charter, it should serve the cases, refuse to mutually address the consumer choice, it would not be community and not select groups. The problem. Therefore, the NCUA Board advisable to allow a sponsor to control only exception is for groups obtained proposed amendments regarding the fate of a credit union. Therefore, the through an emergency merger or corporate restructuring for both single NCUA Board is adopting the proposed emergency purchase and assumption. bond credit unions and multiple amendments on corporate restructuring The grandfather provision in CUMAA is common bond credit unions. in final as proposed. The corporate not applicable since the credit union For single common bond credit restructuring policy is applicable in any has changed its charter type. Therefore, unions, the NCUA Board proposed an situation where two or more credit the NCUA Board is not adopting this amendment to clarify that if the group unions, regardless of their charter type, commenter’s suggestion. comprising the single common bond of acquire a group as a result of a merger Conversions of Multiple Common a credit union merges with, or is or corporate restructuring/acquisition. Bond Credit Unions. The NCUA Board acquired by, another group, the credit One commenter requested that single proposed a clarification that a state- unions originally serving both groups common bond credit unions should not chartered multiple common bond credit can serve the new group resulting from have to list their subsidiaries. The Board union that converts to a federal charter the merger or acquisition after receiving does not agree. New groups, whether may retain in its field of membership a housekeeping amendment. In other added as a result of an expansion or a any group that it was serving at the time words, it will be permissible for both housekeeping amendment, should be of conversion. Any subsequent credit unions to serve the same single included in the field of membership to additions or amendments to the field of common bond group. However, the allow NCUA to monitor overlaps. It is membership would have to comply with credit unions may agree to divide the important to note, however, that a credit federal field of membership policies. field of membership in some way. To union may have language in its field of Additionally, the NCUA Board clarified clarify this practice, additional language membership as follows: ‘‘ XYZ that if any state chartered credit union was proposed to state that unless an Corporation and its subsidiaries.’’ If that was considered under state law to agreement is reached limiting the such language exists or is added to the be a single common bond credit union, overlap resulting from the corporate field of membership of a single common but under federal rules would be restructuring, NCUA will permit a bond credit union, then the credit union classified a multiple common bond complete overlap of the credit unions’ can legitimately serve any new credit union, converts to a federal fields of membership. subsidiary acquired by the sponsor charter, the charter type must be For multiple common bond credit through a housekeeping amendment changed to reflect federal policy. unions, the NCUA Board proposed an Six commenters approved of the amendment to clarify that when two provided the ownership requirements amendment regarding state multiple groups merge, or one group is acquired are met. In this instance, no overlap group credit union conversions to by the other, and each is in the field of analysis would be required. federal multiple group charters. Two membership of a credit union, then both 5. Community Charters commenters stated that NCUA should (or all affected) credit unions can serve make this policy more expansive. One the resulting merged or acquired group, Although the NCUA Board did not commenter opposed this policy change. subject to any existing geographic propose any changes to its definition of The NCUA Board believes that the limitation and without regard to any a local community, one commenter proposed change is proper and is overlap provisions by a housekeeping suggested that any county or equivalent adopting the proposed amendment. amendment to its charter. As with single political jurisdiction, regardless of size, The NCUA Board also proposed an common bond credit unions, both credit should be deemed a local community amendment to Chapter IV, Section III.A unions will be allowed to serve the new where residents interact or have of the Chartering Manual to clarify that group resulting from the merger, buyout common interests. Three commenters a federal credit union converting to a or acquisition, and the credit unions can stated that they agree with NCUA that state charter remains responsible for the mutually divide the new field of there is no negative presumption that operating fee for the year in which it membership. If they do not agree to a arises with populations larger than converts. Four commenters opposed this division of the field of membership, 300,000 in chartering a community clarification and requested that the fee then a total overlap will be permitted, credit union. One commenter stated that be pro-rated. Currently, the operating subject to any existing geographic NCUA should consider defining a local fee is not pro-rated and the clarification limitation. The NCUA Board believes community as one or more metropolitan does not change existing policy. this to be in the best interests of the statistical areas, as defined by the Office credit unions and the members due to of Management and Budget, or one or 4. Corporate Restructuring for the safety and soundness concerns that more contiguous political subdivisions, Occupational Common Bond Credit evolve when a credit union loses its such as counties, cities or towns. One Unions and Multiple Common Bond field of membership. commenter believes NCUA’s definition Credit Unions Seventeen commenters strongly of a local community is overly broad. The most challenging and complex approved of all of the amendments Although the NCUA Board is not field of membership issues have regarding corporate restructuring. Many making any changes to the definition of involved the loss or dilution of a field of these commenters commended NCUA local community, it does wish to note of membership as a result of corporate for how it proposed to address this that areas larger than 300,000, such as reorganization or restructuring. complex issue. One commenter stated Reno, Nevada, and San Francisco, Although IRPS 99–1 addressed this the changes to this section are not California, qualify as a local community. issue, the current policy does not appropriate. This commenter states that Although not every large city will completely set forth the resolution to the desire of the corporate sponsor qualify as a local community, many
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Section 701.31 is also authorized by 15 • Employees of ABC Corporation who are • Employees of and students attending U.S.C. 1601, et seq., 42 U.S.C. 1981 and paid from * * *; Georgetown University. (common bond— 3601–3610. • Employees of ABC Corporation who are same occupation); or Section 701.35 is also authorized by 12 supervised from * * *; • Employees of all the schools supervised U.S.C. 4311–4312. • Employees of ABC Corporation who are by the Timbrook Board of Education in headquartered in * * *; and/or Timbrook, Georgia. (common bond—same 2. Section 701.1 is revised to read as • Employees of ABC Corporation who employer). follows: work in the United States. Some examples of insufficiently defined So that NCUA may monitor any potential single occupational common bonds are: § 701.1 Federal credit union chartering, field of membership overlaps, each group to • Employees of manufacturing firms in field of membership modifications, and be served (e.g., new employees of Seattle, Washington. (no defined conversions. subsidiaries, franchisees, and contractors) occupational sponsor); National Credit Union Administration should be separately listed in Section 5 of the • Persons employed or working in policies concerning chartering, field of charter. However, in situations where Chicago, Illinois. (no occupational common membership modifications, and multiple contractors, who qualify based on a bond); conversions are set forth in Interpretive strong dependency relationship, are sole • Employees of all colleges and Ruling and Policy Statement 99–1, proprietors, the regional director may universities in the State of Texas. (not a Chartering and Field of Membership determine that more generalized wording is single occupational common bond); or acceptable (e.g., ‘‘non-incorporated owner- • Employees of Timbrook School District Policy (IRPS 99–1), as amended by IRPS operators who work regularly under contract and Swanbrook School District, in Burns, 00–1. Copies may be obtained by to AJM Industries, Inc. in Glenville, New Georgia. (not a single occupational common contacting NCUA at the address found York’’). In addition, it is permissible to bond). in § 790.2(b) of this chapter. The simply state in a single common bond charter combined IRPS are incorporated into the following: ‘‘AJM Industries, Inc. and its 4. In IRPS 99–1, Chapter 2, Section this section. subsidiaries.’’ If AJM Industries, Inc. adds III.A.1 is revised to read as follows: new subsidiaries the charter can be amended (Approved by the Office of Management A single associational federal credit union with a simple housekeeping amendment and may include in its field of membership, and Budget under control number 3133– no overlap analysis is required. regardless of location, all members and 0015.) The corporate or other legal entity (i.e., the employees of a recognized association. A Note: The text of the Interpretive Ruling employer) may also be included in the single associational common bond consists of and Policy Statement (IRPS 99–1) does not, common bond—e.g., ‘‘ABC Corporation.’’ individuals (natural persons) and/or groups and the following amendments will not, The corporation or legal entity will be (non natural persons) whose members appear in the Code of Federal Regulations. defined in the last clause in Section 5 of the participate in activities developing common credit union’s charter. loyalties, mutual benefits, and mutual 3. In IRPS 99–1, Chapter 2, Section A charter applicant must provide interests. Separately chartered associational documentation to establish that the single II.A is revised to read as follows: groups can establish a single common bond occupational common bond requirement has relationship if they are integrally related and A single occupational common bond been met. share common goals and purposes. For federal credit union may include in its field Some examples of a single occupational example, two or more churches of the same of membership all persons and entities who common bond are: denomination, Knights of Columbus share that common bond. NCUA permits a • Employees of the Hunt Manufacturing Councils, or locals of the same union can person’s membership eligibility in a single Company who work in West Chester, qualify as a single associational common occupational common bond group to be Pennsylvania. (common bond—same bond. established in four ways: employer with geographic definition); Individuals and groups eligible for • Employment (or a long-term contractual • Employees of the Buffalo Manufacturing membership in a single associational credit relationship equivalent to employment) in a Company who work in the United States. union can include the following: single corporation or other legal entity makes (common bond—same employer with • Natural person members of the that person part of an single occupational geographic definition); association (for example, members of a union common bond; • Employees, elected and appointed or church members); • Employment in a corporation or other officials of municipal government in Parma, • Non-natural person members of the legal entity with a controlling ownership Ohio. (common bond—same employer with association; interest (which shall not be less than 10 geographic definition); • Employees of the association (for percent) in or by another legal entity makes • Employees of Johnson Soap Company example, employees of the labor union or that person part of a single occupational and its majority owned subsidiary, Johnson employees of the church); and common bond; Toothpaste Company, who work in, are paid • The association. • Employment in a corporation or other from, are supervised from, or are Generally, a single associational common legal entity which is related to another legal headquartered in Augusta and Portland, bond does not include a geographic entity (such as a company under contract and Maine. (common bond—parent and definition. However, a proposed or existing possessing a strong dependency relationship subsidiary company with geographic federal credit union may limit its field of with another company) makes that person definition); membership to a single association or part of a single occupational common bond; • Employees of MMLLJS contractor who geographic area. NCUA may impose a or work regularly at the U.S. Naval Shipyard in geographic limitation if it is determined that • Employment or attendance at a school Bremerton, Washington. (common bond— the applicant credit union does not have the makes that person part of a single employees of contractors with geographic ability to serve a larger group or there are occupational common bond (see Chapter 2, definition); other operational concerns. All single III.A.1). • Employees, doctors, medical staff, associational common bonds will include a A geographic limitation is not a technicians, medical and nursing students definition of the group that may be served requirement for a single occupational who work in or are paid from the Newport based on the effective date of the common bond. However, for purposes of Beach Medical Center, Newport Beach, association’s charter, bylaws, and any other describing the field of membership, the California. (single corporation with equivalent documentation. If the geographic areas being served will be geographic definition); associational charter crosses NCUA regional included in the charter. For example: • Employees of JLS, Incorporated and boundaries, each of the affected regional • Employees, officials, and persons who MJM, Incorporated working for the LKM Joint directors must be consulted prior to NCUA work regularly under contract in Miami, Venture Company in Catalina Island, action on the charter. Florida for ABC Corporation or the California. (common bond—same employer— Qualifying associational groups must hold subsidiaries listed below; ongoing dependent relationship); meetings open to all members, must sponsor
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If the single common bond group that applicant must provide additional jurisdictions, i.e. a county or its political comprises a federal credit union’s field of documentation addressing the proposed area equivalent or any political subdivisions membership undergoes a substantial to be served and community service policies. contained therein and if the population of the restructuring, the result is often that portions A community credit union is unique in requested well-defined area does not exceed of the group are sold or spun off. This is an that it must meet the statutory requirements 200,000. If the proposed area meets either of event which requires a change to the credit that the proposed community area is (1) well- these criteria, the credit union must only union’s field of membership. NCUA will not defined, and (2) a local community, submit a letter describing how the area meets permit a single common bond credit union to neighborhood, or rural district. the standards for community interaction or maintain in its field of membership a sold or ‘‘Well-defined’’ means the proposed area common interests. spun-off group to which it has been has specific geographic boundaries. If NCUA does not find sufficient evidence providing service unless the group otherwise Geographic boundaries may include a city, of community interaction or common qualifies for membership in the credit union township, county (or its political equivalent), interests, more detailed documentation will or if the credit union converts to a multiple or clearly identifiable neighborhood. be necessary to support that the proposed common bond credit union. Although congressional districts or other area is a well-defined community. The credit If the group comprising the single common political boundaries which are subject to union must also provide evidence of the bond of the credit union merges with, or is occasional change, and state boundaries are political jurisdiction(s) and population. acquired by, another group, the credit union well-defined areas, they do not meet the Evidence of the political jurisdiction(s) can serve the new group resulting from the second requirement that the proposed area be should include maps designating the area to merger or acquisition after receiving a a local community, neighborhood, or rural be served. One map must be a regional or housekeeping amendment. district. state map with the proposed community The meaning of local community, outlined. The other map must outline the 19. In IRPS 99–1, Chapter 2, Section neighborhood, or rural district includes a proposed community and the identifying III.B.2 is revised to read as follows: variety of factors. Most prominent is the geographic characteristics of the surrounding requirement that the residents of the areas. If the single common bond group that proposed community area interact or have If the area to be served does not meet the comprises a federal credit union’s field of common interests. In determining interaction political jurisdiction(s) and population membership undergoes a substantial and/or common interests, a number of factors requirements of the preceding paragraph, or restructuring, the result is often that portions become relevant. For example, the existence if required by NCUA, the application must of the group are sold or spun off. This is an of a single major trade area, shared include documentation to support that it is event which requires a change to the credit governmental or civic facilities, or area a well-defined local community, union’s field of membership. NCUA may not newspaper is significant evidence of neighborhood, or rural district. It is the permit a single associational credit union to community interaction and/or common applicant’s responsibility to demonstrate the maintain in its field of membership a sold or interests. Conversely, numerous trade areas, relevance of the documentation provided in spun-off group to which it has been multiple taxing authorities, and multiple support of the application. This must be providing service unless the group otherwise political jurisdictions, tend to diminish the provided in a narrative summary. The qualifies for membership in the credit union characteristics of a local area. narrative summary must explain how the or the credit union converts to a multiple Population and geographic size are also documentation demonstrates interaction or common bond credit union. significant factors in determining whether common interests. For example, simply If the group comprising the single common the area is local in nature. A large population listing newspapers and organizations in the bond of the credit union merges with, or is in a small geographic area or a small area is not sufficient to demonstrate that the acquired by, another group, the credit union population in a large geographic area may area is a local community, neighborhood, or can serve the new group resulting from the meet NCUA community chartering rural district. merger or acquisition after receiving a requirements. For example, an ethnic Examples of acceptable documentation housekeeping amendment. neighborhood, a rural area, a city, and a may include: 20. In IRPS 99–1, Chapter 2, Section county with 300,000 or less residents will • The defined political jurisdictions; IV.B.4 is revised to read as follows: generally have sufficient interaction and/or • Major trade areas (shopping patterns and common interests to meet community charter traffic flows); If a select group within a federal credit requirements. While this may most often be • Shared/common facilities (for example, union’s field of membership undergoes a true, it does not preclude community educational, medical, police and fire substantial restructuring, a change to the charters consisting of multiple counties or protection, school district, water, etc.); credit union’s field of membership may be local areas with populations of any size from • Organizations and clubs within the required if the credit union is to continue to meeting community charter requirements. community area; provide service to the select group. NCUA Conversely, a larger population in a large • Newspapers or other periodicals permits a multiple common bond credit geographic area may not meet NCUA published for and about the area; union to maintain in its field of membership community chartering requirements. It is • Maps designating the area to be served. a sold, spun-off, or merged select group to more difficult for a major metropolitan city, One map must be a regional or state map which it has been providing service. This a densely populated county, or an area with the proposed community outlined. The type of amendment to the credit union’s covering multiple counties with significant other map must outline the proposed charter is not considered an expansion; population to have sufficient interaction and/ community and the identifying geographic therefore the criteria relating to adding new or common interests, and to therefore characteristics of the surrounding areas; groups are not applicable. demonstrate that these areas meet the • Common characteristics and background When two groups merge and each is in the requirement of being ‘‘local.’’ In such cases, of residents (for example, income, religious field of membership of a credit union, then documentation supporting the interaction beliefs, primary ethnic groups, similarity of both (or all affected) credit unions can serve and/or common interests will be greater than occupations, household types, primary age the resulting merged group, subject to any the evidence necessary for a smaller and less group, etc.); or existing geographic limitation and without densely populated area. • Other documentation that demonstrates regard to any overlap provisions. However, In most cases, the ‘‘well-defined local that the area is a community where the credit unions cannot serve the other community, neighborhood, or rural district’’ individuals have common interests or multiple groups that may be in the field of requirement will be met if (1) the area to be interact. membership of the other credit union. served is in a recognized single political A community credit union is frequently 21. In IRPS 99–1, Chapter 2, Section jurisdiction, i.e., a county or its political more susceptible to competition from other equivalent or any contiguous political local financial institutions and generally does V.A.2 is revised to read as follows: subdivisions contained therein, and if the not have substantial support from any single In addition to the documentation population of the requested well-defined area sponsoring company or association. As a requirements set forth in Chapter 1 to charter does not exceed 300,000, or (2) the area to result, a community credit union will often a credit union, a community credit union be served is in multiple contiguous political encounter financial and operational factors
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Any federal credit union may apply to (Typed/Printed Name) yes, and the overlapped credit union is not convert to a state credit union. In order to do lllllllllllllllllllll a community credit union or a non-federally so, it must: (Signature) insured credit union, please address the • Notify NCUA prior to commencing the lllllllllllllllllllll following: process to convert to a state charter and state (Date) b Provide the name and location of the other the reason(s) for the conversion; • 27. In IRPS 99–1, Appendix D, Form servicing credit union: Comply with the requirements of Section lllllllllllllllllllll 125 of the Federal Credit Union Act that 4015 is revised to read as follows: lllllllllllllllllllll enable it to convert to a state credit union Application for Field of Membership lllllllllllllllllllll and to cease being a federal credit union; and Amendment NCUA Form 4015 • Comply with applicable state law and b Include a letter from the overlapped credit the requirements of the state regulator. Use Only for Expansions Covering Groups of union indicating whether it concurs or It is important that the credit union More Than 500 Persons objects to the overlap. If the overlapped provide an accurate disclosure of the reasons For expansions covering groups of 500 or credit union objects or fails to respond, for the conversion. These reasons should be less persons—use the short form application, document attempts to resolve the issue: stated in specific terms, not as generalities. NCUA 4015–EZ. lllllllllllllllllllll The federal credit union converting to a state Attach a separate application for each lllllllllllllllllllll charter remains responsible for the entire group included in your request for b operating fee for the year in which it Explain how the expansion’s beneficial expansion. The application must be complete effect in meeting the convenience and converts. or it will be returned unprocessed. needs of the members of the group 25. In IRPS 99–1, Chapter 2, the title 1. Name and address of credit union: clearly outweighs any adverse effect on lllllllllllllllllllll of Sections II.H, III.H, and IV.F is the overlapped credit union: lllllllllllllllllllll lllllllllllllllllllll revised to read as ‘‘Other Persons lllllllllllllllllllll Eligible for Credit Union Membership.’’ lllllllllllllllllllll 2. Name and address of the group: 26. In IRPS 99–1, Appendix D, Form lllllllllllllllllllll 7. Attach a letter, on letterhead stationery 4015EZ is revised to read as follows: lllllllllllllllllllll if possible, from the group requesting credit union service. This letter must indicate: Application for Field of Membership (If the group is an association, include a copy b how the group shares the occupational or Amendment NCUA Form 4015–EZ of the association’s Charter/Bylaws or other equivalent organizational documentation.) associational common bond (for single Use Only for Expansions Covering Groups of 3. Provide the proposed field of common bond additions only); 500 Persons or Less b membership wording. Use the example that the group wants to be added to the Attach a separate application for each wording found in NCUA’s Chartering and federal credit union’s field of group included in your request for Field of Membership Manual, Chapter 2: membership; b expansion. The application must be complete b Section II.A for single occupational whether the group presently has other or it will be returned unprocessed. common bond groups; credit union service available; b 1. Name and address of credit union: b Section III.A for single associational the number of persons currently included lllllllllllllllllllll common bond groups; or within the group to be added and the lllllllllllllllllllll Section IV.A for multiple common bond group’s location(s); lllllllllllllllllllll fields of membership. b the group’s proximity to the credit union’s 2. Name and address of group: 4. How many primary potential members nearest service facility (for multiple lllllllllllllllllllll (excluding immediate family and household common bond additions only); and lllllllllllllllllllll members) are in the group: b why the formation of a separate credit lllllllllllllllllllll lllllllllllllllllllll union for the group is not practical or (If the group is an association, include a copy 5. (a) For multiple common bond consistent with safety and soundness of the association’s Charter/Bylaws or other expansions, what is the distance between the standards (for multiple common bond equivalent organizational documentation.) group’s location and your credit union’s additions only). The formation of a 3. Provide the proposed field of nearest service facility 1 to which the group separate credit union may not be membership wording: has access (Reference Chapter 2, Section practical if the group lacks sufficient lllllllllllllllllllll IV.A.1): volunteers or resources to support the lllllllllllllllllllll lllllllllllllllllllll operation of a credit union or does not lllllllllllllllllllll lllllllllllllllllllll meet the economic advisability criteria 4. How many primary potential members (b) What is the address of this service outlined in Chapter 1 of NCUA’s (excluding immediate family and household facility: Chartering and Field of Membership lllllllllllllllllllll members) are in the group: Manual. lllllllllllllllllllll lllllllllllllllllllll 8. Other comments: lllllllllllllllllllll lllllllllllllllllllll 5. Attach a letter, on letterhead stationery if possible, from the group requesting credit (c) Describe the service area 2 primarily lllllllllllllllllllll union service. This letter must indicate: served by the above service facility: lllllllllllllllllllll lllllllllllllllllllll lllllllllllllllllllll b how the group shares the occupational or lllllllllllllllllllll lllllllllllllllllllll associational common bond (for single lllllllllllllllllllll lllllllllllllllllllll common bond additions only); lllllllllllllllllllll b that the group wants to be added to the Name and title of credit union board- federal credit union’s field of 6. Is the group in the field of membership ll ll authorized representative (e.g., President/ membership; of any other credit union? Yes No If CEO): b the number of persons to be added and the lllllllllllllllllllll group’s location(s); and 1 A service facility is defined as a place where (Typed/Printed Name) b the group’s proximity to the credit union’s shares are accepted for members’ accounts, loan lllllllllllllllllllll nearest service facility (for multiple applications are accepted, and loans are disbursed. 2 (Signature) common bond additions only). A federal credit union’s service area is the area lllllllllllllllllllll Name and title of credit union board- that can reasonably be served by the service facility accessible to the groups within the field of (Date) authorized representative (e.g., President/ membership. It will most often coincide with that CEO): geographic area primarily served by the service [FR Doc. 00–27361 Filed 10–26–00; 8:45 am] lllllllllllllllllllll facility. BILLING CODE 7535±01±P
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Part IV
Office of Personnel Management 5 CFR Part 870 Federal Employees’ Group Life Program: Miscellaneous Changes and Clarifications and Plain Language Rewrite; Proposed Rule
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OFFICE OF PERSONNEL individual in certain circumstances. The Option C coverage terminates at 12:00 MANAGEMENT requirements are that the insured person noon on the day before the 50th must be physically or mentally reduction. We are changing this to the 5 CFR Part 870 incapable of making the election; the end of the last day of the month in RIN 3206±AG63 applicant must have a power of attorney which the 49th reduction occurs. This or court order that would allow him/her allows for a full day of coverage on the Federal Employees' Group Life to make such an election; and the last day before the coverage ends. Insurance Program: Miscellaneous applicant must either be the sole (8) When reemployed annuitants Changes and Clarifications and Plain beneficiary or have the written and separate, they may keep the insurance Language Rewrite signed consent of each beneficiary. they got through reemployment if they (2) There are occasional situations in qualify for a supplemental annuity or AGENCY: Office of Personnel which a person’s employment may be receive a new retirement right. Management. creditable under subchapter III of However, some retirement systems don’t ACTION: Proposed rule. chapter 83 or chapter 84 of title 5, allow their annuitants to get a United States Code, but may not give supplemental annuity or new retirement SUMMARY: The Office of Personnel the person eligibility for FEGLI. For right. To be fair to these annuitants, we Management (OPM) is proposing a determining whether an employee is are revising the regulations to allow complete rewrite of the Federal eligible to continue FEGLI as an them to keep their reemployment- Employees’ Group Life Insurance annuitant or compensationer, we are acquired insurance if they would (FEGLI) regulations. We are changing changing the definition of ‘‘service’’ to otherwise qualify for a supplemental the format of the regulations and using mean service during which the annuity or new retirement right—but are plain language to make the regulations employee is eligible for FEGLI. unable to receive it due to the easier to understand. We are also (3) We are removing the exclusion for provisions of their retirement system. proposing some miscellaneous changes, employees whose annual pay is $12 per (9) The regulations currently state that clarifications, and corrections, which year or less, since it’s a rather outdated a child qualifies as a recognized natural are spelled out in the Supplementary provision. It’s not very likely that there child if a court determines that the Information. are any employees this would apply to. insured person is the child’s father, and DATES: OPM must receive comments on Any employee earning a salary of $12 or the court makes that determination or before December 26, 2000. less per year is probably already before the man dies. We are expanding excluded under other provisions. the regulations to allow a court ADDRESSES: Send written comments to (4) We are adding information to the determination of paternity based on the Abby L. Block, Chief, Insurance Policy regulations about the circumstances results of DNA testing both before and and Information Division, Office of allowing family members to convert after the death of the insured. Insurance Programs, Retirement and Option C coverage. Family members (10) The regulations currently include Insurance Service, Office of Personnel may convert Option C if the insured information on reemployed annuitants. Management, 1900 E Street NW., employee/annuitant/compensationer We have expanded the regulations to Washington, DC 20415–3666; or deliver dies, or if the insurance terminates and include information on reemployed to OPM, Room 3425, 1900 E Street NW., the insured individual doesn’t convert compensationers. Washington, DC; or FAX to (202) 606– the coverage. Family members may not (11) Current regulations require that 0633. convert if they lose eligibility as covered an employee who is retiring or FOR FURTHER INFORMATION CONTACT: family members. becoming insured as a compensationer Karen Leibach, (202) 606–0004. (5) We are changing the regulations to must choose the number of multiples of SUPPLEMENTARY INFORMATION: In line simplify what happens when an Option B and Option C he/she wants to with the President’s Memorandum of employee transfers from a covered continue into retirement. Any multiples June 1, 1998 (Plain Language in position to an excluded position. not continued cancel, and the employee Government Writing), the Office of Currently, some such transfers allow the does not get the 31-day extension of Personnel Management (OPM) is employee to keep FEGLI coverage, some coverage or right to convert. Since some rewriting the Federal Employees’ Group cause him/her to lose the coverage, and employees may wish to convert their Life Insurance (FEGLI) regulations. We one allows the employee to keep insurance, instead of continuing it into are writing most of the sections in coverage if he/she expects to return to retirement or compensation, we are question and answer format, using the covered position. The new changing the regulations to say that any tables, and addressing the regulations to regulations will allow all employees to multiples not continued terminate, the intended reader (usually the insured keep their FEGLI coverage, if they rather than cancel. This will give the or eligible individual). We are also using transfer to a position excluded by employee the 31-day extension of simpler language as much as possible. regulation with a break in service of not coverage and the right to convert. The purpose is to make the regulations more than 3 days. This does not apply (12) We are changing the time frames easier to understand. to positions excluded by law. for conversion and portability to make These regulations also propose (6) We are expanding the regulations them the same. Currently the time frame various changes, clarifications, and to include a list of medical conditions for conversion is a postmark within 31 corrections. These are: that automatically allow a child age 22 days from the date of the terminating and over to be covered under Option C event or 31 days from the date the Changes coverage. These are the same conditions employee or assignee receives the notice (1) We recognize that sometimes there that allow an overage dependent to be of loss of group coverage and right to are situations in which a terminally ill covered under a self and family convert, whichever is later. The person is not able to elect a living enrollment under the Federal individual may also request conversion benefit. In consideration of these Employees Health Benefits (FEHB) within 6 months after becoming eligible, individuals, we are changing subpart K Program. if he/she was unable to do so on time to allow someone to elect a living (7) The current regulations state that because of reasons beyond his/her benefit on behalf of an insured under Full Reduction, Option B and control. The current time frame for
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PART 870ÐFEDERAL EMPLOYEES' 870.407 What happens to my withholding if 870.703 Do I have to meet the 5-year/all- GROUP LIFE INSURANCE PROGRAM I elect a living benefit? opportunity requirement for all my 870.408 What happens if my employing insurance? Subpart AÐAdministration and General office doesn’t withhold enough? 870.704 How much insurance can I Provisions 870.409 What if my pay is too low to make continue as an annuitant or Sec. the withholdings? compensationer? 870.101 Definitions. 870.410 What else should I know about 870.705 Are these the amounts that will be 870.102 How is FEGLI set up? withholdings and contributions? paid when I die or if a family member dies? 870.103 Who can correct an error in my Subpart EÐCoverage coverage? 870.706 What kind of election can I make 870.104 What if I get coverage by mistake? 870.501 How do I get Basic insurance? about reductions in my Basic insurance? 870.105 What if I think my agency or 870.502 How do I get Optional insurance? 870.707 Can I change my post-65 reduction retirement system made the wrong 870.503 When does Optional insurance election for Basic insurance? decision about my coverage? become effective? 870.708 What kind of election can I make 870.106 How long do I have to request a 870.504 Are there any extensions to the 31- about reductions in my Optional reconsideration? day time limit for electing Optional insurance? 870.107 Can I get an extension of this time insurance? 870.709 When do I have to make the post- limit? 870.505 Can I cancel my insurance? 65 reduction election for Option B and 870.108 Who does the reconsideration? 870.506 How long does my waiver last? Option C? 870.109 What if someone thinks OFEGLI 870.507 How can I cancel my waiver and 870.710 What if I was already retired or paid benefits incorrectly? get insurance? insured as a compensationer on April 24, 870.110 Special information for census 870.508 How do I cancel my waiver by 1999? workers. getting a physical exam? 870.711 Can I change my post-65 reduction 870.509 What happens after OFEGLI makes election for Option B or Option C? Subpart BÐTypes and Amounts of its decision? 870.712 Do the post-65 reductions apply to Insurance 870.510 What is a life event? all annuitants and compensationers? 870.201 What types of insurance does the 870.511 How do I cancel my waiver if I 870.713 What if I’m an MRA+10 annuitant? FEGLI Program have? have a life event? 870.714 What if I don’t want to continue 870.202 What is my Basic insurance 870.512 When can I make a life event my insurance as an annuitant or amount (BIA)? election? compensationer? 870.203 Does my BIA ever change? 870.513 How many multiples of Options B 870.715 When does my insurance as an 870.204 Is the BIA the amount my survivors and C can I elect due to a life event? annuitant or compensationer stop? will receive when I die? 870.514 When does my Option B and 870.716 Can my insurance be reinstated? 870.205 What is the post-election BIA? Option C life event coverage become 870.717 What happens if I retire and then 870.206 What do you mean by my annual effective? come back to work for the Federal rate of pay? 870.515 Are there any extensions to the Government? 870.207 What is included in my annual time limit for making a life event 870.718 Can I elect more life insurance if I pay? election? return to service? 870.208 What if my pay isn’t annual or full- 870.516 How often does OPM have FEGLI 870.719 What happens if I die or a family time or regular? open seasons? member dies after I return to service? 870.209 What is the amount of my Optional 870.517 What coverage can I elect during an 870.720 What happens when I separate insurance? open season? from service again? 870.210 Are these the amounts that will be 870.518 What is the effective date for open 870.721 What happens if I come back to paid when I die or if a family member season elections? work part-time, but I’m still receiving dies? 870.519 Are there any extensions to the compensation? 870.211 Does FEGLI have accidental death open season dates? and dismemberment benefits? Subpart HÐOrder of Precedence and 870.520 Can annuitants and 870.212 What is the amount of my AD&D Designation of Beneficiary coverage? compensationers get FEGLI coverage? 870.521 What happens if I leave 870.801 Who gets the life insurance benefits Subpart CÐEligibility Government and then return to service? when I die? 870.301 Am I eligible for Basic or Optional 870.522 What happens if I go into a nonpay 870.802 What are the requirements for a insurance? status? court order to be valid? 870.302 What is an excluded position? 870.523 Special nonpay situations. 870.803 Can I designate a beneficiary? 870.804 How do I make a designation? 870.303 Who is excluded by law? Subpart FÐTermination and Conversion 870.304 Who is excluded by regulation? 870.805 Where do I have to file my 870.305 Are there any other exceptions to 870.601 When does my Basic insurance designation form? these exclusions? stop? 870.806 Can I change my designation? 870.306 Are foster children eligible as 870.602 When does my Optional insurance 870.807 How long does my designation family members under my Option C stop? last? coverage? 870.603 Can I convert my insurance to a 870.808 How does OFEGLI pay Option C 870.307 What do I have to do to cover a private policy? benefits if an eligible family member disabled child over age 22? 870.604 How long do I have to convert my dies? insurance? Subpart IÐAssignment Subpart DÐCost of Insurance 870.605 Are there any extensions to the 870.401 Who pays for FEGLI? time limit for conversion? 870.901 Who is allowed to make an 870.402 How much do I have to pay for 870.606 When is my conversion policy assignment? Basic insurance? effective? 870.902 What insurance can I assign? 870.403 How much do I pay if I’m insured 870.607 Can my family members convert 870.903 Who can I assign my insurance to? as an annuitant or compensationer? my Option C coverage? 870.904 Can I change or cancel my 870.404 How does the Government assignment? contribution for Basic insurance work? Subpart GÐAnnuitants and 870.905 How do I make an assignment? 870.405 How much do I have to pay for Compensationers 870.906 Where do I have to file my Optional insurance? 870.701 Can I keep my life insurance when assignment form? 870.406 When I move from one age group I retire? 870.907 When is my assignment effective? to another, when do I start paying the 870.702 Can I keep my life insurance if I 870.908 Can I elect more insurance after I higher premiums? become a compensationer? make an assignment?
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870.909 Can I cancel or reduce my 153 of Pub. L. 104–134, 110 Stat. 1321; (c) The child must be under age 22. insurance after I make an assignment? § 870.302(a)(3) also issued under sections A child age 22 or over is eligible if the 870.910 Who pays the premiums after I 11202(f), 11232(e), and 11246(b) and (c) of child is incapable of self-support make an assignment? Pub. L. 105–33, 111 Stat. 251 and section 7(e) because of a physical or mental 870.911 What happens when I retire or of Pub. L. 105–274, 112 Stat. 2419. become insured as a compensationer? disability which existed before the child 870.912 What happens if my insurance Subpart AÐAdministration and reached age 22. terminates after I make an assignment? General Provisions Child (a)—as used in the order of 870.913 How long does my assignment last? precedence for payment of benefits— 870.914 Can I designate a beneficiary after § 870.101 Definitions. means the following: I’ve assigned my insurance? Accidental death and dismemberment (1) A legitimate child; 870.915 If I’ve assigned my insurance, who means death or bodily injury caused (2) An adopted child; or gets the life insurance benefits when I solely through violent, external, and (3) A recognized natural child. die? (b) The child may be of any age. 870.916 Current addresses. accidental means. This has meaning for (c) This definition does not include FEGLI if, as a direct result of the bodily the following: Subpart JÐBenefits for United States injuries, independent of all other Hostages in Iraq and Kuwait and United (1) A stepchild; States Hostages Captured in Lebanon causes, you die or lose your hand, foot, (2) A stillborn child; or eyesight within 90 days of the (3) A grandchild; or 870.1001 Purpose. accidental injury. If your physical or 870.1002 Special definitions for this (4) A foster child. subpart. mental condition or treatment for your (d) Adopted children inherit from 870.1003 Who is eligible for FEGLI under physical or mental condition their adoptive parents under the order this subpart? contributes to your death or of precedence, not from their birth 870.1004 What is the amount of insurance dismemberment, we do not consider parents (unless they are designated for those eligible as hostages? your injury to be accidental. beneficiaries). 870.1005 What is the effective date of this Annuitant means a former employee (e) A child who has reached age 18 is coverage? who is entitled to an annuity (pension) considered an adult and can receive a 870.1006 How are the premiums paid? under a retirement system established benefit payment in his/her name. But if 870.1007 Can a person insured as a hostage cancel the insurance? for employees. This includes the the age of adulthood where the 870.1008 How are benefits paid when a retirement system of a nonappropriated individual has legal residence is set at person insured as a hostage dies? fund instrumentality of the Department a lower age, the child is considered an 870.1009 How long does the insurance of Defense or the Coast Guard. adult on reaching that lower age. continue? Assign and assignment mean the Compensation means compensation 870.1010 State Department responsibilities. insured individual’s transfer of under subchapter I of chapter 81 of title Subpart KÐLiving Benefits ownership of the FEGLI coverage to 5, United States Code, which is payable another individual, corporation, trust, or because of an on-the-job injury or 870.1101 Who is eligible for a living other entity. An assignment is disease. benefit? Compensationer means an individual 870.1102 How much can I elect as a living irrevocable (permanent—it cannot be benefit? undone) and includes all FEGLI who is receiving compensation and who 870.1103 How do I apply for a living coverage, except Option C. the Department of Labor determines is benefit? Assignee means the individual, unable to return to duty. 870.1104 What happens after OFEGLI corporation, trust, or other entity to Court order (a) means one of the approves my application? whom an insured individual irrevocably following: 870.1105 What if OFEGLI doesn’t approve transfers ownership of FEGLI coverage (1) A court decree of divorce, my application? (except Option C). annulment, or legal separation; or 870.1106 What happens to the rest of my (2) A court-approved property coverage after I elect a living benefit? Beneficiary means the individual, corporation, trust, or other entity that settlement agreement relating to a court 870.1107 What happens if I live longer than decree of divorce, annulment, or legal 9 months? receives FEGLI benefits when you die. Cancellation means FEGLI stops. We separation. Subpart LÐPortability (b) A court order has meaning for consider it to be a voluntary action. The FEGLI if it requires FEGLI benefits to be 870.1201 Portability permitted. insured individual does not get a paid to a specific person or persons. 870.1202 What are the eligibility temporary extension of coverage or right Date of retirement means the requirements for portability? to convert. Reducing the number of 870.1203 How much Option B can I port? commencing (starting) date of the multiples of Option B or Option C is a 870.1204 What is the cost of the ported annuity. coverage? cancellation of those multiples. Days means calendar days. 870.1205 How do I port my coverage? Child (a)—as used in the definition of Dependent means living with or 870.1206 Are there any extensions to the family member for Option C coverage receiving regular and substantial time limit for porting? and as used with life events—means the support from the insured individual. 870.1207 When is my ported coverage following: Employee means an individual who effective? (1) A legitimate child; meets the definition of section 8701(a) 870.1208 What about designations, (2) An adopted child; assignments, and court orders? of title 5, United States Code. 870.1209 Can I cancel my ported coverage? (3) A stepchild or foster child who Employing office means the agency 870.1210 How long does my ported lives with the employee or former office or retirement system office that coverage last? employee in a regular parent-child has responsibility for life insurance 870.1211 What happens if I come back to relationship; or actions. work? (4) A recognized natural child. (a) The Administrative Office of the Authority: 5 U.S.C. 8716; subpart J also (b) This definition does not include a United States Courts is the employing issued under section 599C of Pub. L. 101– stillborn child or a grandchild (unless office for judges of the following courts: 513, 104 Stat. 2064, as amended; the grandchild meets all the (1) All United States Courts of § 870.302(a)(3)(ii) also issued under section requirements of a foster child). Appeals;
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(2) All United States District Courts; (3) Before the man dies, a court individual’s pay, annuity, or (3) The Court of International Trade; pronounces him to be the father (if the compensation. This includes (4) The Court of Federal Claims; and court bases its determination on the nondeductions (when none of the (5) The District Courts of Guam, the results of DNA testing, it is also required amount is withheld) and Northern Mariana Islands, and the acceptable after the man dies); partial deductions (when only part of Virgin Islands. (4) The man names himself as the the required amount is withheld). (b) The Washington Headquarters father of the child on a certified copy of We means OPM (the Office of Services is the employing office for the public record of birth or church Personnel Management). judges of the United States Court of record of baptism; or Appeals for the Armed Forces. (5) Public records, such as records of § 870.102 How is FEGLI set up? (c) The United States Tax Court is the schools or social welfare agencies, show The Federal Employees’ Group Life employing office for judges of the that—with his knowledge—the insured Insurance (FEGLI) Program is United States Tax Court. is named as the father of the child. authorized by law (chapter 87 of title 5, (d) The United States Court of (b) If paragraph (a) of this definition United States Code). The Office of Veterans Appeals is the employing does not establish paternity, OFEGLI Personnel Management (OPM) office for judges of the United States may consider other proof to establish administers the Program and sets the Court of Veterans Appeals. paternity. This includes evidence of the premiums. OPM has a contract with an Family member means a spouse child’s eligibility as a recognized natural insurance company to provide group (including a valid common law child under other State or Federal life insurance coverage for Federal marriage) and unmarried dependent programs or proof that the insured employees under the FEGLI Program. child(ren). included the child as a dependent on The company has an office called Immediate annuity means: OFEGLI (the Office of Federal (a) An annuity that begins no later his income tax returns. Reconsideration means the final level Employees’ Group Life Insurance) to than 1 month after the date the of administrative review of an pay benefits. insurance would otherwise stop (the employing office’s initial decision. The date of separation from service); or § 870.103 Who can correct an error in my purpose of a reconsideration is to (b) An annuity under § 842.204(a)(1) coverage? determine if the employing office of this chapter for which the starting (a) Your employing office may correct date has been postponed under followed the law and regulations correctly in making the initial decision administrative errors about your § 842.204(c) of this title (called an coverage or changes in coverage. If the MRA+10 annuity). concerning FEGLI eligibility and coverage. correction is retroactive, your Judge means an individual appointed employing office must follow the as a Federal justice or judge under Regular parent-child relationship means that the employee or former provisions of § 870.408. Article I or Article III of the (b) OPM may order correction of an Constitution. employee is exercising parental authority, responsibility, and control administrative error if we have evidence Living benefits means life insurance that it would be against equity (fairness) benefits that are paid to an insured over the child. The employee or former employee is caring for, supporting, and and good conscience not to order the person while the person is living. correction. OFEGLI means the Office of Federal disciplining the child and is making the Employees’ Group Life Insurance, decisions about the child’s education § 870.104 What if I get coverage by which pays benefits under the FEGLI and medical care. mistake? contract. Separation means leaving Federal (a) If you become insured in error, OPM means the Office of Personnel service, either by resignation or by your coverage will remain in effect if at Management. retirement. least 2 years pass before the error is OWCP means the Office of Workers’ Service means Federal civilian service discovered and you paid the applicable Compensation Programs, U.S. that is creditable under subchapter III of premiums during that time. This applies Department of Labor. chapter 83 or chapter 84 of title 5, to errors discovered on or after October Parent means the mother or father of United States Code. For the purpose of 30, 1998. a legitimate child or an adopted child. continuing FEGLI as an annuitant or (b) If you are allowed to continue your The term parent includes the mother of compensationer, it means service during insurance into retirement or a recognized natural child. It also which an employee is eligible to be compensation in error, your coverage includes the father of a recognized covered under FEGLI. This includes will remain in effect if at least 2 years natural child, if the child meets the service under a nonappropriated fund pass before the error is discovered and definition of recognized natural child. instrumentality of the Department of you paid the applicable premiums Port and ported coverage mean Defense or the Coast Guard for an during that time. This applies to such continuing FEGLI group coverage that individual who elected to remain under errors discovered on or after October 30, would otherwise terminate. a retirement system established for 1998. Portability Office means the office employees described in section 2105(c) (c) If you are allowed to keep OPM designates to manage ported of title 5 U.S.C. erroneous coverage because of this coverage and to collect premiums for Terminally ill means having a medical provision, but you don’t want the ported coverage. prognosis of a life expectancy of 9 coverage, you may cancel the coverage Recognized natural child means a months or less. on a prospective basis. You will not get biological child born outside of Termination means FEGLI stops. We a refund of your premiums. marriage. An insured individual is consider it to be an involuntary action. considered to be the father of such a The insured individual gets a temporary § 870.105 What if I think my agency or child under the following conditions: extension of coverage and right to retirement system made the wrong decision (a)(1) The man acknowledges convert. about my coverage? paternity in writing; Underdeduction means not (a) You may ask your agency or (2) A court orders the man to provide withholding the required amount of life retirement system to reconsider its support; insurance deductions from an initial decision denying you life
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§ 870.206 What do you mean by my annual different pay rates without a regular § 870.211 Does FEGLI have accidental rate of pay? schedule, your annual pay is the annual death and dismemberment benefits? Your annual pay is your annual rate rate that you are receiving at the end of (a)(1) If you are an employee, you of basic pay as fixed by law or the pay period. automatically have accidental death and regulation. (f) If you legally serve in more than dismemberment (AD&D) benefits with one position at the same time, and at Basic insurance. You also automatically § 870.207 What is included in my annual have AD&D benefits with Option A, if pay? least one of those positions entitles you to life insurance coverage, your annual you have that coverage. Your annual pay includes the pay is the sum of the annual basic pay (2) There are no AD&D benefits with following: fixed by law or regulation for each Options B and C. (a) Interim geographic adjustments position. Exception: This doesn’t apply (b) If you are insured as an annuitant and locality-based comparability to part-time flexible schedule employees or compensationer, you do not have payments, as provided by Pub. L. 101– in the Postal Service. AD&D benefits. 509 (104 Stat. 1479); (b) Premium pay for standby duty § 870.209 What is the amount of my § 870.212 What is the amount of my AD&D under 5 U.S.C. 5545(c)(1); Optional insurance? coverage? (c) If you are a customs officer, (a) Option A coverage is $10,000. (a) Accidental death benefit: (1) Under Basic insurance, this is premium pay for overtime inspectional Effective for pay periods beginning on equal to your BIA, but without the extra service, as provided by Pub. L. 103–66 or after October 30, 1998, Option A benefit described in § 870.204(b). (107 Stat. 453); cannot be more than $10,000. (d) If you are a law enforcement (2) Under Option A, this is $10,000. Exception: This does not apply if you (b) The accidental dismemberment officer as defined under 5 U.S.C. retired or became insured as a benefit is for the loss of your hand, foot, 8331(20) and §§ 831.902 and 842.802 of compensationer with a higher amount of or vision. this chapter, premium pay for Option A before the removal of the (1) Under Basic insurance, the benefit administratively uncontrollable maximum on Basic insurance (the first is equal to one-half your BIA (without overtime under 5 U.S.C. 5545(c)(2); pay period beginning on or after October the extra benefit). If you lose more than (e) If you are a wage employee, night 30, 1998). 1 hand or foot or the vision in both eyes differential pay; (b)(1) Option B coverage comes in 1, in the same accident, the benefit is (f) If you are an employee exposed to 2, 3, 4, or 5 multiples of your annual equal to the whole BIA (without the danger or physical hardship, pay (after rounding the pay to the next extra benefit). environmental differential pay; higher thousand). (2) Under Option A, the benefit is (g) If you are a citizen employee in $5,000. If you lose more than 1 hand or Panama, tropical differential pay; Note: If your pay is ‘‘capped’’ by law, the amount of your Option B coverage is based foot or the vision in both eyes in the (h) If you are a law enforcement same accident, the benefit is $10,000. officer, special pay adjustments; on the capped amount, the amount you are actually being paid. It is not based on the (c)(1) OFEGLI pays accidental death (i) If you are a criminal investigator, amount your pay would be without the cap. benefits to your beneficiaries (see availability pay under 5 U.S.C. 5545a; subpart H of this part). (j) If you are a physician or dentist of (2) Effective for pay periods beginning (2) OFEGLI pays accidental the Department of Veterans Affairs, on or after October 30, 1998, there is no dismemberment benefits to you. bonuses as provided by Pub. L. 96–330 maximum amount for each multiple. (94 Stat. 1030); and (3) The amount of your Option B Subpart CÐEligibility (k) If you are a firefighter, straight- coverage automatically changes time pay for regular overtime hours, as whenever your annual pay increases or § 870.301 Am I eligible for Basic or Optional insurance? provided in 5 U.S.C. 5545b and part decreases enough to move you to a 550, subpart M, of this chapter. different $1,000 bracket. (a) Unless you are in an excluded (c) Effective April 24, 1999, Option C position, you are eligible for FEGLI § 870.208 What if my pay isn't annual or coverage comes in 1, 2, 3, 4, or 5 coverage. full-time or regular? multiples of the following amounts: (b)(1) You get Basic insurance (a) If your pay is not annual, your $5,000 on the death of a spouse and automatically. If you don’t want Basic employing office will convert your pay $2,500 on the death of an eligible child. insurance, you have to waive it. to an annual rate. The way to do this is (2) Optional insurance is not to multiply your pay rate by the number § 870.210 Are these the amounts that will automatic. If you want Optional of pay units in a 52-week work year. be paid when I die or if a family member insurance, you must elect it. (b) If you are a part-time employee, dies? (c) You may elect one or more types your annual pay is your basic pay (a) The amounts given in § 870.209 of Optional insurance if: applied to your tour of duty in a 52- are the starting points for determining (1) You have Basic insurance; and (2) You do not have a waiver of that week work year. the amount that OFEGLI will pay when (c) If you are on piecework rates, your you die or when a covered family type (or types) of Optional insurance annual pay is your total basic earnings member dies. still in effect. for the previous calendar year, not (b) There is no extra benefit if you or § 870.302 What is an excluded position? counting premium pay for overtime or your family member is under age 45 at The law excludes some employees holidays. the time of death. from FEGLI coverage, and the regulation (d) If you have a regular schedule but (c) If you are insured as an annuitant excludes some employees. OPM makes work at different pay rates, your annual or compensationer and are age 65 or the final determination about whether pay is the weighted average of the rates over, the amount of benefits paid for an exclusion applies to a specific at which you are paid, projected to an Option A will be reduced. The amount employee or group of employees. annual basis. of benefits for Options B and C may also (e) If you are a non-Postal intermittent be reduced, depending on the elections § 870.303 Who is excluded by law? employee or an employee who works at you made. See § 870.708. The law excludes you if you are:
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(a) An employee of a corporation exclude you if you are employed for (2) There is an agreement by which supervised by the Farm Credit brief periods at intervals, or if you are the agency retains control of the child Administration, if private interests elect expected to work fewer than 6 months or pays you for maintenance. or appoint a member of the board of in each year. Exception: You are eligible (d)(1) If you want to cover a foster directors. if you are employed under an OPM- child, you must sign a certification (b) An employee who is not a citizen approved career-related work-study stating that the child meets all the or national of the United States and program under Schedule B. To qualify, requirements. The certification must your permanent duty station is outside your work-study program must last at also state that you will notify your the United States. Exception: You are least 1 year, and you must be expected employing office if one of these not excluded if you met the definition to be in pay status for at least one-third situations happens: of employee on September 30, 1979, by of the total period of time from the date (i) The child marries; service in an Executive agency, the of your first appointment to the date you (ii) The child moves out of your United States Postal Service, or the complete the work-study program. home; or Smithsonian Institution in the area that (c) An intermittent employee (a non- (iii) The child stops being financially was then known as the Canal Zone. full-time employee without a regularly dependent on you. (c) An individual first employed by scheduled tour of duty). (2) Your employing office must keep the Government of the District of (d) A beneficiary or patient employee the signed certification in your file, Columbia on or after October 1, 1987. in a Government hospital or home. along with other life insurance forms. Exceptions: You are not excluded if: (e) Paid on a contract or fee basis. (e) If your foster child moves out of (1) You are an employee of St. Exception: You are eligible if you are a your home to live with a biological Elizabeths Hospital, and you went to United States citizen, and you are parent, the child loses eligibility. The work for the District of Columbia appointed by a contract between you child cannot again be covered as a foster Government immediately following and the Federal employing authority. To child unless: Federal employment, without any break qualify, your contract must require your (1) The biological parent dies; in service, as provided in section 6 of personal service, and you must be paid (2) The biological parent is Pub. L. 98–621 (98 Stat. 3379). on the basis of units of time. imprisoned; (2) You are an employee of the (f) Paid on a piecework basis. (3) The biological parent becomes District of Columbia Financial Exception: You are eligible if your work unable to care for the child due to a Responsibility and Management schedule provides for full-time or part- disability; or Assistance Authority (Authority). To time service, and you have a regularly (4) You get a court order taking qualify, you must make an election scheduled tour of duty. parental responsibility away from the under section 153 of Pub. L. 104–134 biological parent. (110 Stat. 1321) to be considered a § 870.305 Are there any other exceptions Federal employee for life insurance and to these exclusions? § 870.307 What do I have to do to cover a other benefits purposes. If you are an (a) If you have FEGLI and you transfer disabled child over age 22? Authority employee who is a former to a position excluded by regulation (see (a)(1) A child age 22 or over is an Federal employee, you are subject to the § 870.304), your FEGLI continues, eligible family member if the child is provisions of §§ 870.507, 870.717, and unless you have a break in service of incapable of self-support because of a 870.718. more than 3 days. You cannot continue physical or mental disability that (3) You are the Corrections Trustee or your FEGLI if your position is excluded existed before the child reached age 22. the Pretrial Services, Parole, Adult by law (see § 870.303). (2) You must provide your employing Probation and Offender Supervision (b) If you have an interim office with a doctor’s certificate about Trustee. You also are not excluded if appointment under § 772.102 of this your child’s disability. The doctor must you are an employee of one of these chapter, you are eligible for coverage sign the certificate, and the certificate Trustees, and you went to work for the even if your position is excluded by must show the doctor’s office address. District of Columbia Government within regulation. You are not eligible for The certificate must state the following: 3 days after separating from the Federal coverage if your position is excluded by (i) That your child is incapable of self- Government. law. support because of a physical or mental (4) Effective October 1, 1997, you are § 870.306 Are foster children eligible as disability; a judicial or nonjudicial employee of the (ii) That the disability started before District of Columbia Courts, as provided family members under my Option C coverage? the child reached age 22; and by Pub. L. 105–33 (111 Stat. 251). (a) Effective October 30, 1998, foster (iii) That the disability is expected to (5) Effective April 1, 1999, you are an continue for more than 1 year. The employee of the Public Defender Service children are eligible for coverage as family members under Option C. certificate must also include: of the District of Columbia, as provided (iv) Your child’s name; by Pub. L. 105–274 (112 Stat. 2419). (b) To qualify for coverage as a foster child, the child must meet the following (v) The type of disability; § 870.304 Who is excluded by regulation? requirements: (vi) How long the disability has OPM excludes you if you are: (1) The child must live with you; existed; and (a) Serving under an appointment (2) The parent-child relationship (as (vii) The disability’s expected future limited to 1 year or less. Exceptions: defined in § 870.101) must be with you, course and duration. You are eligible if: not the biological parent; (b) If the doctor’s certificate shows (1) You are an acting postmaster; (3) You must be the primary source of that your child has one of the following (2) You are a Presidential appointee financial support for the child; and conditions, your child is eligible: appointed to fill an unexpired term; or (4) You must expect to raise the child (1) AIDS—CDC classes A3, B3, C1, C2, (3) You are an employee with a to adulthood. and C3 (not seropositivity alone); provisional appointment, as defined in (c) A child does not qualify as a foster (2) Advanced muscular dystrophy; § 316.403 of this chapter. child if: (3) Any malignancy with metastases, (b) Employed for an uncertain or (1) A welfare or social service agency or any malignancy that is untreatable; purely temporary period. We also places the child in your home; and (4) Chronic hepatic failure;
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(5) Chronic neurological disease, (13) Severe mental illness requiring period during which you are in pay whatever the reason, with severe mental prolonged or repeated hospitalization; status for any part of the time. retardation or neurological impairment. (14) Severe organic mental disorder; (2) If your pay isn’t biweekly, your These diseases include: or employing office must prorate the (i) Cerebral palsy, (15) Xeroderm pigmentosa. amount withheld and adjust it to the (ii) Encephalopathies, (c) If your child does not have one of nearest one-tenth of 1 cent. (iii) Uncontrollable seizure disorder, the conditions listed in paragraph (b) of and this section, your employing office will (3) If your BIA changes during the pay (iv) Ectodermal dysplasia; arrange for a medical review of the period, the amount withheld from your (6) Chronic renal failure; doctor’s certificate to determine whether pay is based on your BIA on the last day (7) Inborn errors of metabolism with your child is eligible. of the pay period. complications, such as the following: (b) There is no cost for the extra (i) Phenylketonuria, Subpart DÐCost of Insurance (ii) Homocysteinuria, benefit described in § 870.205, and there is no cost for AD&D coverage. (iii) Primary hyperoxaluria, § 870.401 Who pays for FEGLI? (iv) Adrenoleukodystrophy, (a) You and the Government share the § 870.403 How much do I pay if I'm insured (v) Tay-Sachs disease, as an annuitant or compensationer? (vi) Nieman-Pick disease, cost of Basic insurance. You pay two- (vii) Gaucher disease, thirds, and the Government pays one- (a) If you are insured as an annuitant (viii) Glycogen storage diseases, third. or compensationer, the amount you pay (ix) Mucopolysacharide disease, and (b) You pay the full cost of Optional depends on the election you made about (x) Lesch-Nyhan disease; insurance. There is no Government the level of reduction you want at age (8) Mental retardation with IQ of 70 contribution for any Optional insurance. 65 (see § 870.706). Your retirement or less; system withholds your payment from (9) Osteogenesis imperfecta; § 870.402 How much do I have to pay for your annuity. OWCP withholds your (10) Severe congenital or acquired Basic insurance? payment from your compensation. heart disease with decompensation; (a)(1) Basic insurance costs $0.1550 (11) Severe autism; biweekly for each $1,000 of your BIA. (b)(1) When you become insured as an (12) Severe juvenile rheumatoid Your employing office must withhold annuitant, you pay the following arthritis; that amount from your pay for each pay amount for Basic insurance:
Monthly with- Monthly with- holding for each holding for each Election $1,000 of your $1,000 of of your BIA before age 65 BIA after age 65
75% Reduction ...... $0.3358 NoneÐBasic insurance is free. 50% Reduction ...... 0.9258 $0.59. No Reduction ...... 2.3758 $2.04.
(2) The changes in withholding take the purpose of this paragraph, if you considered to retire on the day before place the month after the month in separate from service after meeting the your annuity begins. which you turn 65. (If you retired before requirements for an immediate annuity (c)(1) When you become insured as a January 1, 1990, and elected 75% under 5 U.S.C. 8412(g), you are compensationer, you pay the following Reduction, you paid no premiums.) For amount for Basic insurance.
Weekly with- Weekly with- Election holding for each holding for each $1,000 of your $1,000 of your BIA before age 65 BIA after age 65
75% Reduction ...... $0.0775 NoneÐBasic insurance is free. 50% Reduction ...... 0.2175 $0.14. No Reduction ...... 0.5475 $0.47.
(2) The changes in withholding take your employing office must contribute (b)(1) If you are insured as an place the month after the month in an amount equal to one-half the amount annuitant or compensationer, OPM which you turn 65. (If you began withheld from your pay. makes the Government contribution. receiving compensation before January (2) Your agency’s contribution must Exception: If you are a Postal Service 1, 1990, and elected 75% Reduction, come from the appropriation or fund employee who becomes insured as an you paid no premiums.) that is used to pay your salary. If you annuitant or compensationer after December 31, 1989, the Postal Service are an elected official, the Government § 870.404 How does the Government pays the Government contribution. contribution for Basic insurance work? contribution must come from the appropriation or fund that is available to (2) The amount OPM must pay is (a)(1) If you are an employee, for each pay other salaries in the same office. equal to one-half the amount that would pay period in which you are insured, be withheld from your annuity or
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Basic Option A Option B Option C
Physical exam ...... Yes ...... Yes ...... Yes ...... No. Life event ...... No ...... No ...... Yes (if you have Basic) ..... Yes (if you have Basic). Open season ...... As announced by OPM ..... As announced by OPM ..... As announced by OPM ..... As announced by OPM.
§ 870.508 How do I cancel my waiver by effective date of your waiver. You are for Insurance form. Your doctor also getting a physical exam? responsible for any costs associated must complete part of the form and then (a) You cannot cancel a waiver of with the physical exam. Exception: The send it to OFEGLI. Option C by having a physical exam. 1-year requirement doesn’t apply to (c) OFEGLI reviews the Request for (b)(1) You may cancel a waiver of Option B coverage if you elected fewer Insurance and decides whether to Basic insurance, Option A, and Option than 5 multiples of Option B because of approve it. OFEGLI notifies your agency B by getting a physical exam to provide the limitation stated in § 870.513. medical evidence of insurability, if at (2) You and your employing office of its decision, and your agency notifies least 1 year has passed since the each must complete part of the Request you.
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§ 870.509 What happens after OFEGLI doctor’s certificate must show that your (1) If your election is based on a life makes its decision? child meets the requirements stated in event other than acquiring a foster child, (a)(1) If OFEGLI approves your § 870.307. (i) If you file your election on or after Request for Insurance, your Basic the date of your life event, coverage insurance (if you do not already have § 870.512 When can I make a life event election? becomes effective the date your Basic) is effective the first day you are employing office receives your election. (a) You must make your election, in in pay and duty status after OFEGLI’s (ii) If you file your election before a way that OPM designates, and provide approval. your life event, coverage becomes proof of the event, within 60 days after (2) If you are not in pay and duty effective on the date of your life event. your life event. status within 31 days after OFEGLI’s (iii) If you made an Option C election approval, the approval is revoked (b) You may also make your election before the life event. In this case you under § 870.512(d), your coverage was automatically, and you are not insured. effective April 24, 1999. (b)(1) If you want to elect Option A or must provide proof of the event within (2) If your election is based on Option B, you must file an election 60 days after the date of the life event. acquiring a foster child, your coverage is within 31 days after OFEGLI’s approval. (c) If you are making an Option C effective the later of: You may elect any number of multiples election because of acquiring an eligible of Option B, up to the maximum of 5. foster child, you must file the election (i) The date your employing office Your coverage is effective the first day with your employing office no later than receives your election; or you are in pay and duty status on or 60 days after completing the required (ii) The date you complete the after the day your employing office certification. certification. receives your election. We consider that (d) Employees with Option C coverage (3) You do not have to be in pay and you again waived any coverage that you who had a life event between October duty status for Option C life event do not elect. 30, 1998, and April 23, 1999, had until coverage to become effective. (2) If you are not in pay and duty June 23, 1999, to make an election under this section to increase the § 870.515 Are there any extensions to the status within 31 days after OFEGLI’s time limit for making a life event election? approval, the approval is revoked number of Option C multiples. (a) If you are not serving in a covered automatically, and you do not have the § 870.513 How many multiples of Options Optional insurance. position on the date of your life event, B and C can I elect due to a life event? you may make your life event election § 870.510 What is a life event? (a) For Option B you may elect the within 31 days after you do become A life event is one of the following: following number of multiples (the total employed in a covered position. (a) Marriage; number of Option B multiples cannot be (b) If you separate from service before (b) Divorce; more than 5): the end of the 60-day time limit, you (c) Death of your spouse; or (1) For marriage, the number of may make your life event election (d) Acquiring an eligible child. additional family members (spouse and within 31 days after you return to eligible children) you acquire with the service in a covered position. § 870.511 How do I cancel my waiver if I marriage. have a life event? (c) If you don’t have Basic insurance (2) For acquiring an eligible child or on the date of your life event, and you (a)(1) You cannot cancel a waiver of children, the number of eligible are electing it by having a physical Basic insurance or Option A because of children you acquire; foster children are exam, you may make an Option C life a life event. not included in this count. event election within 31 days after the (2) You must have Basic insurance to (3) For divorce or death of your date OFEGLI approves your Request for make an Option B or Option C election spouse, the total number of eligible Insurance. because of a life event. children you have. (b)(1) You may elect Option B and/or (4) If you want more multiples of § 870.516 How often does OPM have Option C if you get married or acquire Option B than you can elect with a life FEGLI open seasons? an eligible child. If you have Option B event, you may elect additional OPM does not hold FEGLI open or Option C, but you have fewer than 5 multiples by following the procedure seasons on a regular basis. We schedule multiples, you may increase the number given in § 870.508 of this part. them only occasionally. of multiples. Exception: If your life (b) For Option C you may elect any event is acquiring a foster child, you number of multiples you want, as long § 870.517 What coverage can I elect during an open season? cannot make an Option B election. as the total is not more than 5. (2) You may elect Option B or Option When we schedule an open season, C if you get divorced or your spouse § 870.514 When does my Option B and we announce the types of coverage you dies only if you have at least 1 eligible Option C life event coverage become may elect. child. If you have Option B or Option effective? C, but you have fewer than 5 multiples, (a) For Option B, § 870.518 What is the effective date for you may increase the number of (1) If you file your election on or after open season elections? multiples. the date of your life event, coverage OPM sets the effective date when we (3) There are limitations on the becomes effective the first day you are announce an open season. Your new number of multiples of Option B you in pay and duty status on or after the coverage becomes effective the first day may elect with a life event. See date your employing office receives of the first pay period which begins on § 870.513(a) of this part. your election. or after the date we set and which (c) If you elect Option B and/or (2) If you file your election before follows a pay period in which you meet Option C, and your life event is your life event, coverage becomes certain pay and duty status acquiring a disabled child age 22 or effective the first day you are in pay and requirements. Before the start of an open older, you must provide a doctor’s duty status on or after the date of your season, we will announce the pay and certificate to your employing office at life event. duty status requirements in a Federal the time you make the election. The (b) For Option C: Register notice.
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§ 870.519 Are there any extensions to the § 870.522 What happens if I go into a Subpart FÐTermination and open season dates? nonpay status? Conversion (a)(1) The time limit may be extended If you go into a nonpay status, your up to 6 months after the open season § 870.601 When does my Basic insurance life insurance continues for up to 12 stop? ends. To qualify, you must demonstrate months. You do not have to pay any to your employing office that you were premiums. Exceptions: (a) Unless you are eligible to continue not able to make your open season your insurance as an annuitant or election on time for reasons beyond (a) If you are receiving compensation, compensationer (see subpart G of this your control. OWCP withholds the FEGLI premiums part), your Basic insurance stops on the (2) If your employing office makes from your compensation. date you separate from service. (See that determination, you must make your (b) If, while you are in nonpay status, paragraph (f) of this section.) election within 31 days after your you accept an appointment to another (b) If you separate from service after employing office notifies you of the position, the agency where you are meeting the requirement for an determination. receiving a salary withholds the immediate annuity under (b) If you make a belated open season premiums from your salary. § 842.204(a)(1) of this chapter, and you election as described in paragraph (a) of § 870.523 Special nonpay situations. postpone receiving the annuity as this section, your new coverage becomes provided by § 842.204(c) of this chapter, effective the first pay period which (a) Employee organizations: your Basic insurance stops on the date begins on or after the effective date OPM (1) If you go on leave without pay you separate from service. (See set. You have to meet the pay and duty (LWOP) to serve as a full-time officer or paragraph (f) of this section) status requirements that OPM employee, you may elect to continue (c) If you move to a position in which announced in the Federal Register. your life insurance. You must make the you are excluded from FEGLI, your § 870.520 Can annuitants and election within 60 days of the start of Basic insurance stops on the last day in compensationers get FEGLI coverage? the LWOP. your former position. (See paragraph (f) (a) If you are an annuitant, you cannot (2) Your coverage continues for the of this section.) Exception: If the elect FEGLI coverage, unless you are length of the appointment, even if your position is excluded by regulation (not reemployed in a position in which you LWOP lasts longer than 12 months. by law), and you do not have a break in service of more than 3 days, your FEGLI are eligible for FEGLI. (3) You must pay to your employing continues. (b)(1) If you are a compensationer office the full cost of Basic and Optional within the first 12 months of nonpay insurance. There is no Government (d)(1) Unless you are eligible to status, you may elect coverage. contribution. continue your insurance as a However, you must be back in pay and compensationer, your Basic insurance duty status before your new coverage (b) State government, local stops on the date you complete 12 can become effective. Exception: If you government, and institutions of higher months in nonpay status. (See make an Option C election due to a life education: paragraph (f) of this section.) event, you do not have to be in pay and (1) If you go on LWOP while assigned (2) Your 12-month nonpay period duty status for the coverage to become to one of these, your life insurance does not have to be continuous. If you effective. continues for the length of the return to pay status for less than 4 (2) If you have separated or completed assignment, even if your LWOP lasts consecutive months, your 12-month 12 months in nonpay status, you cannot longer than 12 months. period continues when you go back into elect FEGLI coverage. (2) You must pay your premiums to a nonpay status. If you’ve already used § 870.521 What happens if I leave your Federal agency on a current basis. up your 12-month period, and you Government and then return to service? The agency must continue to pay its return to service for less than 4 consecutive months, your Basic (a) Waivers are cancelled contribution for Basic insurance as long insurance stops on the last day of the automatically after a 180-day break in as you make your payment. last pay period in pay status. service. (c) International organizations: (3) If you return to pay status for at (b)(1) When you return to service in (1) If you go on LWOP when least 4 consecutive months, you start a a covered position after a break of at transferred to an international new 12-month period if you go back least 180 days, you get Basic insurance organization, you must state in writing into a nonpay status. automatically, as stated in § 870.501. whether you want to continue your (2) Unless you waive Basic insurance, FEGLI coverage. You may continue (4) To meet the ‘‘4 consecutive you may elect any Optional insurance FEGLI whether or not you choose to months’’ requirement, you must be in within 31 days after your return to continue your Federal retirement or pay status for at least part of each pay service. health benefits. period during 4 consecutive months. (3) If you do not make a new Optional (5) If you are entitled to benefits (2) If you choose to continue your insurance election, you will get back under part 353 of this chapter coverage, you must pay your premiums whatever Optional insurance you had (USERRA—Uniformed Services to your Federal agency on a current immediately before you separated from Employment and Reemployment Rights basis. The agency must continue to pay service. Any Optional insurance that Act of 1994), we consider you to be an its contribution for Basic insurance as you had previously waived is waived employee in nonpay status. long as you make your payments. again. (e) Unless you choose to make direct (c) When you return to service in a (3) If you separate from service, premium payments under § 870.409, covered position after a break of less instead of going on LWOP, for FEGLI your Basic insurance stops at the end of than 180 days, you get back whatever purposes we treat you as being in a the pay period in which your employing Optional insurance you had nonpay status. office determines that your pay, immediately before you separated from (4) The regulations on transfers to annuity, or compensation is not enough service. You cannot elect more coverage, international organizations are in part to cover the full cost of Basic insurance. except as described in § 870.507. 352, subpart C, of this chapter. (See paragraph (f) of this section.)
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(f)(1) When your Basic insurance and (c) of this section, we consider it a were not aware of the time limit for stops as described in paragraphs (a), (b), termination. When your insurance conversion; or (c), (d), and (e) of this section, we terminates, you are entitled to a 31-day (2) You were not able to convert on consider it a termination. When your extension of coverage from the date of time for reasons beyond your control. insurance terminates, you are entitled to the termination. You do not have to pay (b) If OFEGLI approves your request a 31-day extension of coverage from the any premiums for the 31-day extension. to convert, you must convert within 31 date of the termination. (2) Your Option A coverage during the days of that approval. (2) You do not have to pay any 31-day extension does not include § 870.606 When is my conversion policy premiums for the 31-day extension, and AD&D benefits. effective? your employing office does not have to (e) Your Optional insurance also stops Your individual conversion policy is pay any Government contribution for if you file a waiver as described in effective at the end of your 31-day the 31-day extension. § 870.505. We consider this a voluntary extension of coverage. (3) Your coverage during this 31-day cancellation. You do not get a 31-day extension does not include AD&D extension of coverage if you cancel your § 870.607 Can my family members convert benefits. insurance. my Option C coverage? (g) Your Basic insurance also stops if (a) Your family members may convert you file a waiver as described in § 870.603 Can I convert my insurance to a private policy? Option C coverage (and name § 870.505. We consider this a voluntary beneficiaries of their choice) if: (a) Whenever your group coverage cancellation. You do not get a 31-day (1) You die; or extension of coverage if you cancel your stops (except for a voluntary (2) Your insurance stops under insurance. cancellation), you may convert any or circumstances that allow you to convert all of your Basic and Optional insurance § 870.602 When does my Optional your coverage, but you do not convert to an individual policy. You do not have your Option C coverage. insurance stop? to have a medical examination. The (a)(1) Your Optional insurance stops (b) Family members may convert an premiums for your individual policy amount up to the full value of your at the same time your Basic insurance depend on your age and class of risk. stops. (See paragraph (d) of this section.) Option C insurance. (For your spouse, Exception: You cannot convert if you the maximum amount possible is (2) If your Optional insurance stops return to service in a covered position because of separation or completing 12 $25,000; for an eligible child the within 3 days after the terminating maximum amount possible is $12,500.) months in a nonpay status, and you event. meet the requirements for portability Family members may also convert a (b) If you have assigned your lesser amount of coverage. (see subpart L of this part), you may insurance, the assignee(s) has (have) the choose to port your Option B coverage, (c)(1) If you have Option C coverage right to convert, instead of you. In this and you die, your employing office must instead of having it terminate. case, the word ‘‘you’’ in this section and (b)(1) If you are eligible to continue send a conversion notice to your family in §§ 870.604, 870.605, and 870.606 members at your last address on file. your Basic insurance as an annuitant or refers to your assignee(s). Your compensationer, but you are not eligible (2) If your coverage stops and you do assignee(s) must pay the premiums for not convert, your family members must to continue your Optional insurance the converted coverage. (see §§ 870.701 and 870.702 of this contact your agency or retirement (c) Your employing office must notify system to request a conversion notice if part), your Optional insurance stops on you (or your assignee(s)) of your right to the date that your Basic insurance is they want to convert. convert when your insurance stops. It (d) Your family members must submit continued or reinstated. (See paragraph must give you this notification either the request for conversion to OFEGLI (d) of this section.) before or immediately after the event (2) If you are a compensationer who within 31 days of the later of: that causes your insurance to stop. (1) The date of your death or the meets the requirements for portability (d) Unless you have assigned your terminating event; or (see subpart L of this part), you may insurance, only you have the right to (2) The date they receive the notice of choose to port your Option B coverage, convert. No one may convert on your the right to convert. instead of having it terminate. behalf. (e) Your family members’ conversion (c)(1) Unless you choose to make policy is effective at the end of your 31- direct premium payments under § 870.604 How long do I have to convert my insurance? day extension of coverage. § 870.409, your Optional insurance (f)(1) Your spouse does not have the stops at the end of the pay period in (a) You must submit your request for right to convert when he/she loses which your employing office determines conversion information to OFEGLI. eligibility due to divorce or annulment that your pay, annuity, or compensation OFEGLI must receive your request of your marriage. is not enough to cover the full cost of within 65 days after the date of the (2) Your children do not have the your Optional insurance. (See paragraph terminating event (79 days, if you live right to convert when they marry, reach (d) of this section.) overseas). age 22, or otherwise no longer meet the (2) If your pay, annuity, or (b) If you do not use your conversion definition of ‘‘child’’ given in § 870.101. compensation is enough to cover the right within that time period, we cost of some of your Optional insurance, consider that you have refused coverage. Subpart GÐAnnuitants and but not all of it, and you choose not to Compensationers make direct premium payments, your § 870.605 Are there any extensions to the Optional insurance stops in the time limit for conversion? § 870.701 Can I keep my life insurance following order: (a) The time limit may be extended up when I retire? (i) Option C; to 6 months after the date of the (a) When you retire, you may keep (ii) Option A; then terminating event. To qualify, you must your FEGLI if you meet the following (iii) Option B. demonstrate to OFEGLI that: requirements: (d)(1) When your Optional insurance (1) Your employing office did not give (1) You retire on an immediate stops as described in paragraphs (a), (b), you the required notification and you annuity under a retirement system for
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You (or your assignee) can change basic insurance from To 75% reduction To 50% reduction To no reduction
75% Reduction ...... Not applicable ...... No ...... No. 50% Reduction ...... Yes ...... Not applicable ...... No. No Reduction ...... Yes (unless you elected a partial living No ...... Not applicable. benefit).
(b)(1) If you elect 50% Reduction or (4) You do not have to make the same § 870.709 When do I have to make the No Reduction, you may cancel this election for both Option B and Option post-65 reduction election for Option B and election at any time. You will then get C. If you want, you may make different Option C? 75% Reduction. Exceptions: elections for each one. (a) At the time you retire or become (i) If you have assigned your (5) This initial election applies to all insured as a compensationer, you must insurance, you cannot cancel your multiples of a particular type of elect the number of multiples you want election of 50% Reduction or No insurance. You cannot elect initially to to continue during retirement or while Reduction. Only your assignee(s) can have some multiples of an option receiving compensation. cancel your election. reduce and others not reduce. (b)(1) If you separate for retirement or (ii) If you elected a partial living become insured as a compensationer on benefit, you must elect No Reduction for (6) Only you may make this initial or after April 24, 1999, you must elect your Basic insurance. You cannot later election. No one may make the election either Full Reduction or No Reduction cancel that election. If you assigned on your behalf. for all the multiples you continue. your remaining coverage after electing a (c) The amount of Option B and/or (2) If you do not make an election, partial living benefit, your assignee(s) Option C insurance payable reduces by you get Full Reduction automatically. cannot cancel your election of No 2 percent of the original amount each Reduction. month. The reduction continues until § 870.710 What if I was already retired or (2) The amount of your Basic your insurance is completely gone. This insured as a compensationer on April 24, 1999? insurance remaining switches happens at the end of the last day before automatically to the amount that would the 50th reduction. You do not get a 31- (a) If you were already retired or be in effect if you had elected 75% day extension of coverage or right to insured as a compensationer on April Reduction originally. You do not get a convert. 24, 1999, and you had Option B, you refund of the extra premiums you paid (d) The amount of Option B and/or were given an opportunity to make a for the higher level of coverage. Option C insurance payable does not reduction election for Option B. (c)(1) If you elect 75% Reduction, you reduce. The full amount of your Option (1) If you were under age 65, you were cannot cancel the election. B coverage remains payable when you notified of the right to elect No (2) If you elect 50% Reduction, you die. The full amount of your Option C Reduction. Your retirement system will cannot change the election to No coverage remains payable when an send you an actual election notice Reduction. eligible family member dies. before your 65th birthday, as provided (3) If you elect No Reduction, you in § 870.711(d). (e)(1) The reductions described in cannot change the election to 50% (2) If you were age 65 or older, and paragraphs (a) and (c) of this section Reduction. you still had some Option B coverage start at the beginning of the 2nd month remaining, you were given the § 870.708 What kind of election can I make after the date you turn 65. opportunity to stop further reductions. about reductions in my Optional insurance? (2) If you are already age 65 or older You had until October 24, 1999, to make (a)(1) For Option A, there is no when you retire or become insured as a an election. If you elected No election for the post-65 reduction. compensationer, the reductions start at Reduction, the amount of your Option B (2) The amount of Option A insurance the beginning of the 2nd month after the coverage in effect on April 24, 1999, was payable reduces 2 percent of the original date you separate or complete 12 frozen. You had to pay premiums amount each month. The reduction months in nonpay status. retroactive to April 24, 1999. continues until 75 percent ($7,500) of (f)(1) Your Option A coverage is free, (b) If you were already retired or your coverage is gone, and 25 percent starting the month after the month in insured as an annuitant or ($2,500) remains. which you turn 65. compensationer on April 24, 1999, you (b)(1) You must make a post-65 (2) If you elect Full Reduction for could not make a reduction election for reduction election for Option B and Option C. Option C. There are 2 choices: Full Option B or Option C, that coverage is Reduction and No Reduction. free, starting the month after the month § 870.711 Can I change my post-65 (2) If you do not make an election, in which you turn 65. reduction election for Option B or Option you get Full Reduction automatically. (3) If you elect No Reduction for C? (3) If you elected a living benefit, it Option B or Option C, you continue to (a) You may make certain changes. has no effect on your Optional pay the premiums for your age group for They are shown in the following tables insurance. You may elect whatever you that coverage, as long as you remain and discussed in more detail after the want for Option B and Option C. insured. tables:
Your Can change Option B from You assignee
Full Reduction to No ReductionÐif you are under age 65 ...... Yes ...... No. Full Reduction to No ReductionÐif you are age 65 or older ...... No, except as stated in § 870.711(d)(2) ...... No. No Reduction to Full ReductionÐif you are under age 65 ...... Yes, unless you assigned your insurance ...... Yes. No Reduction to Full ReductionÐif you are age 65 or older ...... Yes, unless you assigned your insurance ...... Yes.
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Your Can change Option C from You assignee
Full Reduction to No ReductionÐif you are under age 65 ...... Yes ...... No. Full Reduction to No ReductionÐif you are age 65 or older ...... No, except as stated in § 870.711(d)(2) ...... No. No Reduction to Full ReductionÐif you are under age 65 ...... Yes ...... No. No Reduction to Full ReductionÐif you are age 65 or older ...... Yes ...... No.
(b)(1) Before you reach age 65, you § 870.712 Do the post-65 reductions apply extension of coverage and right to may change from No Reduction to Full to all annuitants and compensationers? convert. (See subpart F.) Reduction at any time. Exception: If you (a) There is an exception if you are a judge, and you retire under one of the § 870.715 When does my insurance as an have assigned your insurance, only your annuitant or compensationer stop? assignee(s) may change from No following provisions: Reduction to Full Reduction for your (1) 28 U.S.C. 371(a) or (b); (a) If you are retired on disability, and Option B coverage. (2) 28 U.S.C. 372(a); or your annuity stops because you recover or return to earning capacity, your (2) Before you reach age 65, you may (3) 26 U.S.C. 7447. FEGLI stops. Your FEGLI stops on the change from Full Reduction to No (b) If this exception applies to you, date your annuity stops, with the 31-day Reduction at any time. you do not have any post-65 reductions. For FEGLI purposes, we consider you an extension of coverage and right to (c)(1) After you reach age 65, you may employee. Your Basic and Optional convert. Exception: If you apply for and change from No Reduction to Full insurance continues without receive an immediate annuity under Reduction at any time. Exception: If you interruption or reduction. Exception: If other provisions of retirement law, your have assigned your insurance, only your you are a judge eligible for FEGLI continues. assignee(s) may change from No compensation, and you choose to (b) If you are a compensationer, and Reduction to Full Reduction for your receive that instead of your annuity, the the Department of Labor finds that you Option B coverage. If you change to Full post-65 reductions and elections do are able to return to work, your FEGLI Reduction after you reach age 65, the apply to you. stops. Your coverage stops on the date amount of insurance remaining switches your compensation stops, with the 31- automatically to the amount that would § 870.713 What if I'm an MRA+10 day extension of coverage and right to be in effect if you had elected Full annuitant? convert. Exceptions: Your FEGLI Reduction originally. You do not get a (a) An MRA+10 annuity counts as an continues if: refund of the premiums you paid after immediate annuity. (See § 870.101 for (1) You become an annuitant and are age 65. the definition of an immediate annuity.) eligible to continue your coverage as an (2) After you reach age 65, you cannot You must meet the 5-year/all- annuitant; or change from Full Reduction to No opportunity requirement described in (2) You return to work in a covered Reduction, except as provided in § 870.701(a). If you do, OPM sends you position. paragraph (d)(2) of this section. a notice of insurance eligibility and an (c) Unless you have assigned your (d)(1) Shortly before you reach age 65, election form. insurance, you may cancel your your retirement system will send a (b) Your FEGLI will be reinstated on insurance at any time, as described in reminder about the election you made the later of: § 870.505. and will offer you a chance to change (1) The date your annuity starts; or § 870.716 Can my insurance be the election. At that time, you may (2) The date we receive your reinstated? choose to have some multiples of application for annuity. (c) You may reinstate only the (a)(1) If you are an annuitant whose Option B and Option C reduce and some insurance stopped as described in not reduce. coverage you had immediately before your insurance stopped—or a lesser § 870.710(a), and your disability annuity (2) If you are already age 65 or older is restored (after December 31, 1983), at the time you retire or become insured amount of coverage. You cannot elect any new coverage. you may reinstate your FEGLI. as a compensationer, your retirement (2) If your annuity is restored as system will send the reminder and give (d) You must make a post-65 reduction election for Basic insurance described in paragraph (a)(1) of this you the opportunity to change your section, OPM will mail you a notice of election as soon as the retirement and for Option B and Option C, if you have that coverage. OPM must receive insurance eligibility and an election processing or compensation transfer is form. If you want to reinstate your complete. your election within 60 days after the date we send it to you. FEGLI, you must complete the election (3) If you have assigned your form and return it to OPM. We must insurance, and if you elected No § 870.714 What if I don't want to continue receive your election within 60 days Reduction for Option B coverage, your my insurance as an annuitant or after the date we send it to you. retirement system will send the compensationer? (3) If you are reinstating your reminder notice for Option B to your (a) You don’t have to continue your insurance, you may reinstate only the assignee(s). insurance if you don’t want to. At the types of coverage you had immediately (4) If you want to change your time you retire or would become before your insurance stopped. You may reduction election, you must return the insured as a compensationer, you may also choose to reinstate only some types notice by the end of the month choose not to continue some or all of of Optional insurance or to reinstate following the month in which you turn your FEGLI. However, if you do not fewer multiples of Option B or Option 65. If you are already over age 65, you continue your Basic insurance, you C. If you reinstate less coverage than must return the notice by the end of the cannot continue any of your Optional you are eligible for, we consider that 4th month after the date of the letter. If insurance. you are cancelling any coverage that do you do not return the election notice, (b) Any coverage that you choose not not reinstate. You cannot elect any new you will keep your initial election. to continue terminates, with the 31-day coverage.
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(4) Your reinstated coverage becomes annuitant is suspended the day before (2) You qualify for a supplemental effective on the first day of the month your Option B as an employee becomes annuity or receive a new retirement after the date we receive your election. effective. The amount of your Option B right. If your retirement system does not Your annuity withholdings are coverage and your withholdings are allow its annuitants to receive a reinstated at the same time. based on your salary in reemployment. supplemental annuity or new retirement (5) If you are age 65 or older, and you (d) If you are reemployed in a covered right, but you otherwise meet the elected 75% Reduction or 50% position, in addition to your annuitant requirements for one, we consider that Reduction for Basic insurance or Full coverage transferring to your you meet the requirements of this Reduction for Option B and/or Option employment, you will get back any paragraph. C, the amount of your reinstated coverage that terminated at the time you (b) If you meet the requirements in insurance is the same amount you separated for retirement. Exception: If paragraph (a) of this section, this is what would have if your insurance had not you have Option B coverage as an happens to each type of insurance you stopped. We determine the amount by annuitant, and there were some have: computing the reductions during the multiples of Option B that terminated (1) Basic insurance: You must choose period after your insurance stopped. when you retired, you will not get those between the insurance you got through (b) If you are a compensationer whose multiples back unless you elect to your reemployment and your suspended insurance stopped as described in transfer your Option B coverage to your annuitant coverage. (If you are age 65 or § 870.710(b), your FEGLI cannot be employment. older and elected 75% Reduction or reinstated unless you successfully (e) If you are reemployed and then go 50% Reduction, the reductions appeal the termination of your into a nonpay status, the insurance you continued while your insurance was compensation. have through your reemployment suspended.) (c) If your insurance stops for any terminates after 12 months. If this (2) Option A and Option C: You other reason, it cannot be reinstated. happens, you will get back your automatically continue the coverage you suspended annuitant coverage. If you got through your reemployment. § 870.717 What happens if I retire and then later return to a pay status, your (3) Option B: come back to work for the Federal (i) If you kept your Option B as an annuitant coverage will again be Government? annuitant, you continue that coverage. suspended, and you will get back the (a) If your annuity stops when you are (ii) If you elected Option B as an coverage you had through your employee, you must choose between the reemployed, the life insurance you have reemployment. as an annuitant also stops. Option B you got through your (1) If you are reemployed in an § 870.718 Can I elect more life insurance if reemployment and your suspended excluded position, you get the 31-day I return to service? annuitant coverage. (If you are age 65 or extension and right to convert. You (a) If you have a break in service of older and elected Full Reduction, the cannot get FEGLI as an employee. at least 180 days before you are reductions continued while your (2) If you are reemployed in a covered reemployed, you may elect any coverage insurance was suspended.) position, you get FEGLI as an employee. that you previously waived. (c) If you are making an election (b) If your annuity continues when (b) If your break in service is less than under both paragraph (b)(1) and you are reemployed, and you are 180 days, you may elect coverage only paragraph (b)(3)(ii) of this section, you reemployed in an excluded position, as described in § 870.507. do not have to make the same choice for you keep your insurance as an Basic and Option B. You may choose to annuitant. § 870.719 What happens if I die or a family continue one type of coverage from your (c)(1) If your annuity continues when member dies after I return to service? reemployment and the other type from you are reemployed, and you are (a) If you die while you are your suspended annuitant insurance. reemployed in a covered position, any reemployed, for each type of insurance (d)(1) If you are eligible and choose to Basic, Option A, and Option C you have, the amount payable is: continue the Basic insurance and/or the insurance you have as an annuitant is (1) Basic insurance: the higher of: Option B you got through your suspended. Your annuitant (i) The amount you have through your reemployment, you must make a new withholdings for this insurance are also reemployment; or post-65 reduction election. (ii) The amount of your suspended suspended. The suspension is effective (2) If you are eligible to continue the annuitant coverage. the day before your first day in pay Option C you got through your (2) Option A: the amount you have status in your reemployment. reemployment, you must make a new through your reemployment. post-65 reduction election. (2) Your Basic, Option A, and Option (3) Option B: the amount based on C insurance transfers to your your election (either keeping Option B § 870.721 What happens if I come back to employment. The amount of your Basic as an annuitant or having it as an work part-time, but I'm still receiving compensation? insurance and the withholdings for your employee). Basic insurance are based on your salary (b) If you have Option C and an (a) When you return to active Federal in reemployment. Your agency eligible family member dies while you service, your insurance as a employing office makes the Government are reemployed, the amount payable is compensationer stops. contribution for Basic insurance, instead the amount you have through your (1) If you are employed in an of OPM. reemployment. excluded position, you get the 31-day (3)(i) If you have Option B as an extension of coverage and right to annuitant, you keep that coverage as an § 870.720 What happens when I separate convert. You cannot get FEGLI as an annuitant unless you elect to have it as from service again? employee. an employee. (a) When you separate from service, (2) If you are employed in a covered (ii) If you want to have Option B as you may keep the insurance you got position, your FEGLI transfers to your an employee, you must make the through your reemployment if: employment. The amount of your Basic election within 31 days after the date of (1) You meet the 5-year/all- insurance and Option B, if you have that your reemployment. If you make this opportunity requirement described in coverage, is based on your salary in election, the Option B you have as an § 870.701; and reemployment.
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(b) If you: (3) If you have ported Option B (ii) If you have listed other (1) Applied for retirement, and your coverage, the Portability Office. beneficiaries, the designation may still application was approved, but (b) If, within the stated time frames, be valid. In this case, the remaining (2) You suspended receipt of your the appropriate office receives beneficiaries will receive equal shares of annuity while receiving compensation, conflicting court orders, entitling the disqualified person’s share of the we consider you to be a reemployed different persons to the same insurance, benefits when you die. annuitant. The provisions of §§ 870.717, OFEGLI will pay benefits based on (c) If you make a designation or a 870.718, 870.719, and 870.720 apply to whichever court order was issued first. change of beneficiary in your will or any you. § 870.803 Can I designate a beneficiary? other document, and it does not meet the requirements of this section, it is not (a) If you want benefits paid Subpart HÐOrder of Precedence and valid. OFEGLI will pay benefits as if you differently from the order of precedence, Designation of Beneficiary did not make a designation. you must file a designation of § 870.801 Who gets the life insurance beneficiary. Exception: If you have (d)(1) You (or your assignee(s)) may benefits when I die? assigned your insurance, you cannot name any individual, firm, corporation, (a) If you have assigned your designate a beneficiary. Only your or legal entity as a beneficiary. insurance, OFEGLI will pay benefits to assignee(s) may designate beneficiaries. Exception: You cannot designate an your assignee or your assignee’s (b) If there is a valid court order on agency of the Federal or District of designated beneficiary. See § 870.915. file as described in § 870.802, you Columbia Government. (b) If you have not assigned your cannot designate a beneficiary (other (2) You must designate percentages or insurance, and there is a valid court than the person(s) named in the court fractions. You cannot designate dollar order in effect naming a specific person order) unless: amounts. If you designate 2 or more or persons to receive the life insurance (1) The person(s) named in the court beneficiaries, you may also designate a benefits when you die, OFEGLI will pay order agrees in writing; type of insurance to go to each the benefits to the person(s) named in (2) The court order is modified so that beneficiary. the court order. the person previously named is no (e) Your designation may state that a (c) If you have not assigned your longer named, without naming a new beneficiary is entitled to the insurance insurance and there is no valid court person to receive the benefits. The benefits only if he/she survives you by order in effect, OFEGLI pays benefits appropriate office must receive a a specified period of time (not more according to an order of precedence, certified copy of the modified court than 30 days). If that beneficiary does which is stated in 5 U.S.C. 8705(a). The order before you die. (If the court order not survive for the specified period of same order of precedence applies to is modified, but you do not designate a time, OFEGLI will pay benefits as if that Basic insurance, Option A, and Option beneficiary, OFEGLI will pay benefits beneficiary had died before you. according to the order of precedence.); B. The order of precedence is: § 870.805 Where do I have to file my (1) To your designated beneficiary or or (3) The court order applies to only designation form? beneficiaries; part of your insurance benefits. In this (a)(1) If you are an employee, or a (2) If none, to your widow(er); case, you may designate a beneficiary to compensationer within the first 12 (3) If none, to your child, or children receive the benefits that are not months of nonpay status, your agency in equal shares. If any child dies before included under the court order. If you employing office must receive your you, that child’s share goes to his/her do not designate a beneficiary for these designation before you die. children or grandchildren; benefits, OFEGLI will pay according to (4) If none, to your parents in equal (2) If you are insured as an annuitant the order of precedence. shares. If one of your parents dies before or compensationer, OPM must receive your designation before you die. you, your surviving parent gets the § 870.804 How do I make a designation? (3) If you have ported Option B entire amount; (a) Unless you have assigned your coverage, the Portability Office must (5) If none, to the executor or insurance, no one except you may receive your designation before you die. administrator of your estate; designate a beneficiary. No one may (b) A faxed designation is valid if: (6) If none, to your next of kin, make a designation on your behalf. If according to the laws of the State where you have assigned your insurance, no (1) The appropriate office, as stated in you had your legal residence at the time one except your assignee(s) may paragraph (a) of this section, receives of your death. designate a beneficiary. the faxed designation before you die; (d) Assignments and court orders (b)(1) Your designation must be in (2) The appropriate office receives the preempt the order of precedence and are writing. You must sign the designation, original designation within 30 days after the only exceptions to the order of and 2 people must witness your receiving the faxed designation; and precedence. signature and also sign the designation. (3) The original designation is (2) You cannot name one (or both) of identical to the faxed designation. § 870.802 What are the requirements for a your witnesses as a beneficiary. court order to be valid? (3) If your employing office § 870.806 Can I change my designation? (a) For a court order to be valid, the erroneously accepts a designation listing Yes. Unless you have assigned your appropriate office must receive a a beneficiary who is also a witness, that insurance, or unless you are subject to certified copy on or after July 22, 1998, person is disqualified from receiving the court order provisions stated in and before you die. The appropriate benefits under the designation. § 870.804, you may change your office is: (i) If that person is the only designation at any time. You cannot (1) If you are an employee, or a beneficiary listed, the designation is waive your right to change designated compensationer within the first 12 invalid. OFEGLI will pay benefits under beneficiaries, and the right cannot be months of nonpay status, your your last valid designation. If you do not restricted in any way. You do not have employing agency; have a valid designation on file, OFEGLI to notify the previous beneficiary, and (2) If you are insured as an annuitant will pay benefits to the next person(s) you do not have to have the previous or compensationer, OPM; and under the order of precedence. beneficiary’s approval.
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§ 870.807 How long does my designation percentage or fraction to go to each § 870.909 Can I cancel or reduce my last? assignee. You cannot assign dollar insurance after I make an assignment? (a) Your designation of beneficiary amounts, and you cannot assign types of (a) No. You cannot cancel or reduce cancels automatically 31 days after your insurance. your insurance after you make an insurance stops, unless within those 31 (d) Once assigned, the value of your assignment. The right to cancel or days you are reemployed in a position insurance increases or decreases reduce your insurance transfers to the that entitles you to FEGLI. Exception: If automatically, as provided by this part. assignee(s). you port Option B, your designation Exception: If you elected a partial living (b) If there is more than 1 assignee, all remains in effect. In this case, if you benefit before assigning the remainder assignees must agree to the cancellation return to Federal service, Basic and any of your insurance, the amount of your or reduction. Option A insurance acquired through Basic insurance does not increase or returning to service is included in the decrease. § 870.910 Who pays the premiums after I make an assignment? existing designation. (b) If you assign your insurance, your § 870.904 Can I change or cancel my You, the insured individual, still pay assignment? designation cancels automatically on the premiums after you assign your the effective date of the assignment. No. An assignment is irrevocable. insurance. The premiums are withheld Once you have assigned your insurance, from your pay, annuity, or § 870.808 How does OFEGLI pay Option C you cannot undo the assignment or compensation, the same as they were benefits if an eligible family member dies? change it in any way. before you made the assignment. (a) If you have Option C and an eligible family member dies, OFEGLI § 870.905 How do I make an assignment? § 870.911 What happens when I retire or pays benefits to you. (a) Only you may assign your become insured as a compensationer? (b) If you are entitled to receive insurance. No one may make an (a)(1) If you are eligible to continue Option C benefits, but you die before assignment on your behalf. your insurance as an annuitant or OFEGLI makes the payment, OFEGLI (b)(1) To assign your insurance, you compensationer, the assignment will will pay whoever is entitled to receive must complete an approved assignment continue. your Basic insurance benefits under the form. (Assignments submitted before (2) You will make the initial post-65 statutory order of precedence. If you November 28, 1986, were acceptable reduction election for Basic insurance assigned your insurance, OFEGLI will without an approved assignment form.) and Option B. still follow the order of precedence for You must sign the form, and 2 people (b)(1) Once you’ve made your initial payment of Option C benefits in this must witness your signature and also post-65 reduction election for Basic, you situation, but will start with the second sign the form. cannot change it. However, unless on the list (widow(er)). (2) You cannot assign your insurance you’ve elected a partial living benefit, to one of your witnesses. your assignee(s) may change your post- Subpart IÐAssignment (c) A court order may direct you to 65 reduction election as stated in make an assignment to the person(s) subpart G of this part. § 870.901 Who is allowed to make an named in the court order. For an (2) Once you’ve made your initial assignment? assignment to be effective, you must post-65 reduction election for Option B: (a) Effective July 10, 1984, section 208 follow the procedures in this section. (i) If you elected Full Reduction, only of the Bankruptcy Amendments and you may change to No Reduction, as Federal Judgeship Act of 1984, Pub. L. § 870.906 Where do I have to file my stated in § 870.711. assignment form? 98–353 (98 Stat. 355), allows Federal (ii) If you elected No Reduction, only judges to assign their FEGLI coverage. (a) If you are an employee, or a your assignee may change to Full (b) Effective October 3, 1994, section compensationer within the first 12 Reduction, as stated in § 870.711. 4 of Pub. L. 103–336 (108 Stat. 2661) months of nonpay status, you must (c)(1) Your assignee may choose to allows all Federal employees, submit the assignment form to your convert your insurance instead of annuitants, and compensationers to agency employing office. continuing it when you become insured assign their FEGLI coverage. (b) If you are insured as an annuitant as an annuitant or compensationer. or compensationer, you must submit the § 870.902 What insurance can I assign? (2) If there is more than one assignee, assignment form to OPM. some assignees may choose to convert (a) If you make an assignment, you (c) If you have ported Option B their part of your insurance instead of assign your Basic, Option A, and Option coverage, you must submit the continuing it when you become insured B insurance. An assignment applies to assignment form to the Portability as an annuitant or compensationer, and all of this coverage; you cannot assign Office. other assignees may choose to continue only part of your insurance. (b) You cannot assign Option C. § 870.907 When is my assignment their part of your insurance. (c) If you elected a living benefit effective? (3) The amount of each type of under subpart K of this part, you may Your assignment is effective on the continued insurance is determined by assign your remaining coverage. date the employing office receives your the total percentage of the shares of the properly completed, signed, and assignees who choose to continue the § 870.903 Who can I assign my insurance witnessed assignment form. coverage. to? (d)(1) If you become reemployed in a (a) You may assign your insurance to § 870.908 Can I elect more insurance after position that entitles you to FEGLI, the one or more individuals, corporations, I make an assignment? insurance you get through your trusts, or other entities. Yes. You have the right to elect employment is included automatically (b) You cannot name contingent insurance as described in subpart E of in your existing assignment. assignees, in case your primary assignee this part. Any Option A or Option B (2) The right to elect Option B as an dies before you do. coverage that you elect is included employee rather than keeping it as an (c) If you assign your insurance to 2 automatically in your existing annuitant (see § 870.717(c)(3)) stays or more assignees, you must state the assignment. with you; it does not transfer to the
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(1) For hostages in Iraq and Kuwait, (b) Another person may apply for a § 870.1106 What happens to the rest of my 12 months after hostage status ends; and living benefit on your behalf if all of the coverage after I elect a living benefit? (2) For hostages captured in Lebanon, following conditions are met: (a)(1) If you elect a full living benefit, 60 months after hostage status ends. (1) You must be physically or your post-election BIA is $0. (b) When his/her insurance mentally incapable of making an Withholdings for Basic insurance stop at terminates, the person gets the 31-day election; the end of the pay period in which your extension of coverage and the right to living benefit election is effective. Your (2) The applicant must have a power convert. (See subpart F of this part.) Basic AD&D coverage reduces to $0 on of attorney or court order authorizing the effective date of your living benefit § 870.1010 State Department him/her to elect a living benefit on your responsibilities. election. behalf; and (2) If you elect a partial living benefit, (a) The U.S. Department of State (3) The applicant must either be your your post-election BIA is a reduced serves as the ‘‘employing office’’ for sole beneficiary or have each amount (see § 870.205). Your persons insured under this subpart. beneficiary’s written and signed withholdings and the Government (b) The State Department must consent. determine the eligibility of persons contribution for Basic insurance are under this subpart. This includes (c) OFEGLI reviews the application, based on the amount of your post- determining whether a person is barred obtains certification from your election BIA and are reduced at the end from FEGLI because of other life employing office regarding the amount of the pay period in which your living insurance, as provided in section 599C of your insurance, and verifies that you benefit election is effective. Your Basic of Pub. L. 101–513 (104 Stat. 2035). have not assigned your insurance. AD&D coverage reduces to equal your OFEGLI then determines whether you post-election BIA. Subpart KÐLiving Benefits meet the requirements to elect a living (b)(1) Your post-election BIA cannot benefit. change. Subsequent changes in pay will § 870.1101 Who is eligible for a living (d)(1) If OFEGLI needs additional have no effect on the amount of your benefit? Basic insurance. Effective July 25, 1995, you may information, it will contact you or your doctor. (2) If you retire or become insured as receive a living benefit if you are a compensationer after electing a partial terminally ill, as defined in § 870.101. (2) Under certain circumstances, living benefit, you must elect No Exception: If you have assigned your OFEGLI may require a medical Reduction for your Basic insurance. insurance, you cannot elect a living examination before making a decision. (c) Electing a living benefit has no benefit. In this case, OFEGLI must pay for the effect on your Optional insurance. medical exam. (d) After electing a living benefit, you § 870.1102 How much can I elect as a living benefit? § 870.1104 What happens after OFEGLI may assign the remainder of your approves my application? insurance. (a) Only Basic insurance is available (e) You may elect a living benefit only for a living benefit. You cannot get (a) If OFEGLI approves your once. If you elect a partial living benefit, Optional insurance as a living benefit. application, it sends you a check and an you cannot later elect a living benefit for (b)(1) If you are an employee, you may explanation of benefits. some or all of your remaining Basic elect to receive either: (i) A full living benefit, which is all (b) You can change your mind about insurance. of your Basic insurance; or electing a living benefit until you cash or deposit the check. If this happens, § 870.1107 What happens if I live longer (ii) A partial living benefit, which is than 9 months? a portion of your Basic insurance, in a you must mark the check ‘‘void’’ and return it to OFEGLI. If you live longer than 9 months, you multiple of $1,000. do not have to return the living benefit (2) If you are insured as an annuitant (c) Your living benefit election is payment. or compensationer, you may elect only effective on the date you cash or deposit a full living benefit. You cannot elect a the check. After that date you cannot Subpart LÐPortability partial living benefit. change your mind and revoke the (c) The amount of Basic insurance election. § 870.1201 Portability permitted. available for payment is based on your (d) Once you have cashed or (a) Effective April 24, 1999, until age 9 months from the date OFEGLI deposited the check, OFEGLI sends an April 24, 2002, you may port (keep) receives your application. explanation of benefits to your Option B coverage that would otherwise (d) The amount of Basic insurance employing office, so it can make the terminate. you elect as a living benefit will be necessary changes in your premium (b) You cannot port Basic insurance, reduced by an actuarial amount withholdings. Option A, or Option C. representing the amount of interest lost to the Fund because of the early (e) If you die before cashing or § 870.1202 What are the eligibility requirements for portability? payment of benefits. depositing the check, the payment must be returned to OFEGLI. (a) You are eligible to port your § 870.1103 How do I apply for a living Option B if: benefit? § 870.1105 What if OFEGLI doesn't (1) Your coverage is terminating approve my application? (a)(1) You must request an application because you are separating or form directly from OFEGLI. Neither If OFEGLI does not approve your completing 12 months in nonpay status; your employing office nor OPM has the application, it will notify you and your and form. employing office. OFEGLI’s decision is (2) You meet the 5-year/all- (2) You must complete the first part not subject to administrative review or opportunity requirement stated in of the application and have your doctor appeal, but you may submit additional § 870.701. complete the second part. You or your medical information. You may also (b) If you have assigned your doctor must send the completed reapply at a later date if your situation insurance, it is your assignee(s) who application directly to OFEGLI. changes. has(have) the right to port. Your
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Part V
Library of Congress Copyright Office
37 CFR Part 201 Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies; Final Rule
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LIBRARY OF CONGRESS have not authorized and are not the Assistant Secretary’s views. 17 permitted by law. 1 U.S.C. 1201(a)(1)(C). Copyright Office In fulfillment of these treaty A more complete explanation of the obligations, on October 28, 1998, the development of the legislative 37 CFR Part 201 requirements is set out in the Notice of United States enacted the Digital Inquiry published on November 24, Millennium Copyright Act (‘‘DMCA’’), 1999, 64 FR 66139, and is also available [Docket No. RM 99±7D] Pub. L. 105–304 (1998). Title I of the Act on the Copyright Office’s website at : added a new Chapter 12 to Title 17 Exemption to Prohibition on http://www.loc.gov/copyright/1201/ U.S.C., which among other things Circumvention of Copyright Protection anticirc.html. See also the discussion in prohibits circumvention of access Systems for Access Control section III.A. below. control technologies employed by or on Technologies behalf of copyright owners to protect B. Responsibilities of Register of their works. Specifically, new Copyrights and Librarian of Congress AGENCY: Copyright Office, Library of subsection 1201(a)(1)(A) provides, inter Congress. The prohibition against alia, that ‘‘No person shall circumvent a circumvention is subject to delayed ACTION: Final Rule. technological measure that effectively implementation in order to permit a controls access to a work protected determination whether users of SUMMARY: This rule designates the under this title.’’ Congress found it particular classes of copyrighted works classes of copyrighted works that the appropriate to modify the prohibition to are likely to be adversely affected by the Librarian of Congress has determined assure that the public will have prohibition in their ability to make shall be subject to exemption from the continued ability to engage in noninfringing uses. By October 28, prohibition against circumvention of a noninfringing uses of copyrighted 2000, upon the recommendation of the technological measure that effectively works, such as fair use. See the Report Register of Copyrights in a rulemaking controls access to a work protected of the House Committee on Commerce proceeding, the Librarian of Congress under title 17 of the U.S. Code. In title on the Digital Millennium Copyright must determine whether to exempt I of the Digital Millennium Copyright Act of 1998, H.R. Rep. No. 105–551, pt. certain classes of works (which he must Act, Congress established that this 2, at 36 (1998) (hereinafter Commerce identify) from the application of the prohibition against circumvention will Comm. Report). Subparagraph (B) limits prohibition against circumvention become effective October 28, 2000. The this prohibition. It provides that the during the next three years because of same legislation directed the Register of prohibition against circumvention such adverse effects. Copyrights to conduct a rulemaking ‘‘shall not apply to persons who are The Register was directed to conduct procedure and to make users of a copyrighted work which is in a rulemaking proceeding, soliciting recommendations to the Librarian as to a particular class of works, if such public comment and consulting with whether any classes of works should be persons are, or are likely to be in the the Assistant Secretary of Commerce for subject to exemptions from the succeeding 3-year period, adversely Communications and Information, and prohibition against circumvention. The affected by virtue of such prohibition in then to make a recommendation to the exemptions set forth in this rule will be their ability to make noninfringing uses Librarian, who must make a in effect until October 28, 2003. of that particular class of works under determination whether any classes of this title’’ as determined in this copyrighted works should be exempt EFFECTIVE DATE: October 28, 2000. rulemaking. This prohibition on from the statutory prohibition against FOR FURTHER INFORMATION CONTACT: circumvention becomes effective on circumvention during the three years Charlotte Douglass or Robert Kasunic, October 28, 2000, two years after the commencing on that date. Office of the General Counsel, Copyright date of enactment of the DMCA. The primary responsibility of the GC/I&R, P.O. Box 70400, Southwest During the 2-year period between the Register and the Librarian in this respect Station, Washington, DC 20024. enactment and the effective date of the is to assess whether the implementation Telephone (202) 707–8380; telefax (202) provision, the Librarian of Congress of technological protection measures 707–8366. must make a determination as to classes that effectively control access to copyrighted works (hereinafter ‘‘access SUPPLEMENTARY INFORMATION: of works exempted from the prohibition. This determination is to be made upon control measures’’) is diminishing the Recommendation of the Register of the recommendation of the Register of ability of individuals to use copyrighted Copyrights Copyrights in a rulemaking proceeding. works in ways that are otherwise lawful. Commerce Comm. Report, at 37. As I. Background The determination thus made will remain in effect during the succeeding examples of technological protection A. Legislative Requirements for three years. In making her measures in effect today, the Commerce Rulemaking Proceeding recommendation, the Register of Committee offered the use of ‘‘password codes’’ to control authorized access to The WIPO Copyright Treaty (WCT) Copyrights is to consult with the Assistant Secretary for Communications computer programs and encryption or and the WIPO Performances and scrambling of cable programming, Phonograms Treaty (WPPT) require that and Information of the Department of Commerce and report and comment on videocassettes, and CD–ROMs. Id. Contracting Parties provide adequate The prohibition becomes effective on legal protection and effective legal October 28, 2000, and any exemptions remedies against the circumvention of 1 The treaties were adopted on December 20, 1996 at a World Intellectual Property Organization to that prohibition must be in place by effective technological measures that (WIPO) Diplomatic Conference on Certain that time. Although it is difficult to authors or other copyright owners (or, in Copyright and Neighboring Rights Questions. The measure the effect of a future the case of the WPPT, performers and United States ratified the treaties in September, prohibition, Congress intended that the producers of phonograms) use in 1999. The treaties will go into effect after 30 instruments of ratification or accession by States Register solicit input that would enable connection with the exercise of their have been deposited with the Director General of consideration of a broad range of current rights and that restrict acts which they WIPO. or likely future adverse impacts. The
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The issue of defining the scope or has a well-understood meaning in the The conclusion to be drawn from the boundaries of a ‘‘particular class’’ of copyright law, referring to the categories legislative history is that the section 102 copyrighted works as to which the set forth in section 102, the conclusion categories of works are, at the very least, implementation of technological protection is inescapable that the starting point for the starting point for any determination measures has been shown to have had an adverse impact is an important one to be any definition of a ‘‘particular class’’ of of what a ‘‘particular class of work’’ determined during the rulemaking works in this rulemaking must be one of might be. That is not to say that a proceedings. In assessing whether users of the section 102 categories.6 ‘‘class’’ of works must be identical to a copyrighted works have been, or are likely to The views of the Judiciary Committee ‘‘category.’’ In fact, that usually will not be adversely affected, the Secretary shall are in accord with those expressed in be the case. A ‘‘class’’ of works might assess users’ ability to make lawful uses of the Commerce Committee Report. The include works from more than one works ‘‘within each particular class of House Manager’s Report uses very category of works; one could imagine a copyrighted works specified in the similar words to describe how a ‘‘class ‘‘class’’ of works consisting of certain rulemaking.’’ The Committee intends that the of works’’ is to be determined: ‘‘particular class of copyrighted works’’ be a sound recordings and musical narrow and focused subset of the broad Deciding the scope or boundaries of a compositions, for example. More categories of works of authorship than [sic] ‘‘particular class’’ of copyrighted works as to frequently, a ‘‘class’’ would constitute is identified in section 102 of the Copyright which the prohibition contained in section some subset of a section 102 category, Act (17 U.S.C. 102). 1201(a)(1) has been shown to have had an such as the Judiciary Committee’s adverse impact is an important issue to be 5 example of ‘‘television programs.’’ Commerce Comm. Report, at 38. determined during the rulemaking A ‘‘narrow and focused subset of the proceedings. The illustrative list of categories A rigid adherence to defining ‘‘class’’ broad categories of works of authorship appearing in section 102 of Title 17 is only solely by reference to section 102 * * * identified in section 102’’ a starting point for this decision. For categories or even to inherent attributes presumably must use, as its starting example, the category of ‘‘literary works’’ (17 of the works themselves might lead to point, the categories of authorship set USC 102(a)(1)) embraces both prose creations unjust results in light of the fact that the forth in section 102: literary works; such as journals, periodicals or books, and entire ‘‘class’’ must be exempted from computer programs of all kinds. It is section 1201(a)(1)’s anticircumvention musical works; dramatic works; exceedingly unlikely that the impact of the pantomimes and choreographic works; prohibition on circumvention of access provision if the required adverse impact pictorial, graphic, and sculptural works; control technologies will be the same for is demonstrated. For example, if a motion pictures and other audiovisual scientific journals as it is for computer showing had been made that users of works; sound recordings; and operating systems; thus, these two categories motion pictures released on DVD’s are architectural works. of works, while both ‘‘literary works,’’ do not adversely affected in their ability to constitute a single ‘‘particular class’’ for Moreover, the Commerce Committee make noninfringing uses of those works, purposes of this legislation. Even within the it would be unfortunate if the Report states that the task in this category of computer programs, the rulemaking proceeding is to determine availability for fair use purposes of PC-based Librarian’s only choice were to exempt whether the prevalence of access control business productivity applications is motion pictures. Limiting the class to measures, ‘‘with respect to particular unlikely to be affected by laws against ‘‘motion pictures distributed on DVD’s,’’ categories of copyrighted materials, is circumvention of technological protection or more narrowly to ‘‘motion pictures measures in the same way as the availability distributed on DVD’s using the content diminishing the ability of individuals to for those purposes of videogames distributed use these works in ways that are scrambling system of access control’’ in formats playable only on dedicated would be a more just ‘‘ and permissible otherwise lawful.’’ Commerce Comm. platforms, so it is probably appropriate to Report, at 37 (emphasis added). In fact, recognize different ‘‘classes’’ here as well. ‘‘ classification. Such a classification would begin by reference to attributes of the Report refers repeatedly to House Manager’s Report, at 7. ‘‘categories’’ of works in connection the works themselves, but could then be The House Manager’s Report narrowed by reference to the medium with the findings to be made in this continues: rulemaking. See Id., at 36 (‘‘individual on which the works are distributed, or users of a particular category of At the same time, the Secretary should not even to the access control measures draw the boundaries of ‘‘particular classes’’ applied to them. But classifying a work copyrighted materials’’) (‘‘whether too narrowly. For instance, the section 102 enforcement of the regulation should be solely by reference to the medium on category ‘‘motion pictures and other which the work appears, or the access temporarily waived with regard to audiovisual works’’ may appropriately be particular categories of works’’) (‘‘any subdivided, for purposes of the rulemaking, control measures applied to the work, particular category of copyrighted into classes such as ‘‘motion pictures,’’ seems to be beyond the scope of what materials’’) (‘‘assessment of adverse ‘‘television programs,’’ and other rubrics of ‘‘particular class of work’’ is intended to impacts on particular categories of similar breadth. However, it would be be. And classifying a work by reference works’’), and 38 (‘‘Only in categories as inappropriate, for example, to subdivide to the type of user or use (e.g., libraries, overly narrowly into particular genres of or scholarly research) seems totally to which the Secretary finds that motion pictures, such as Westerns, comedies, adverse impacts have occurred’’). impermissible when administering a or live action dramas. Singling out specific statute that requires the Librarian to Because the term ‘‘category’’ of works types of works by creating in the rulemaking process ‘‘particular classes’’ that are too create exemptions based on a 5 A leading treatise draws the following narrow would be inconsistent with the intent ‘‘particular class of works.’’ If Congress conclusion from this language: of this bill. had wished to provide for exemptions It would seem, therefore, that the language should based on the status of the user or the Id. be applied to discrete subgroups. If users of physics nature of the use—criteria that would be textbooks or listeners to Baroque concerti, for example, find themselves constricted in the new 6 The legislative history of the Copyright Act of very sensible—Congress could have said Internet environment, then some relief will lie. If, 1976 supports the conclusion that there is a close so clearly. The fact that the issue of on the other hand, the only unifying feature shared relation between the section 102 categories and a noninfringing uses was before Congress by numerous disgruntled users is that each is ‘‘class’’ of work. The authoritative report of the and the fact that Congress clearly was having trouble accessing copyrighted works, albeit House Judiciary Committee, in discussing the of different genres, then no relief is warranted. 1 section 102 categories of works, used the term seeking, in section 1201, to create Nimmer on Copyright § 12A.03[A][[2][b] (Copyright ‘‘class’’ as a synonym for ‘‘category.’’ See H.R. Rep. exemptions that would permit Protection Systems Special Pamphlet). No. 94–1476, at 53 (1976). noninfringing uses, make it clear that
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Congress had every opportunity and Assistant Secretary noted that the crafting of the following exemption: motive to clarify that such uses could be Commerce Committee was concerned ‘‘Works embodied in copies that have ingredients of the definition of ‘‘class’’ that the anticircumvention prohibition been lawfully acquired by users or their if that was what Congress intended. Yet of section 1201(a)(1) might have adverse institutions who subsequently seek to the fact that Congress selected language consequences on fair uses of make noninfringing uses thereof.’’ in the statute and legislative history that copyrighted works protected by The Register has subsequently sought avoided suggesting that classes of works technological protection measures, and received clarification of some of the could be defined by reference to users particularly by librarians and educators. points made in the Assistant Secretary’s or uses is strong evidence that such He echoed the fears of the Commerce letter. In particular, the Register has classification was not within Congress’ Committee that a legal framework may asked (1) for the Assistant Secretary’s contemplation. be developing that would ‘‘inexorably views on whether a ‘‘class of works’’ can In this rulemaking, exemptions for create a pay-per-use society.’’ He stated be defined or determined by reference to two classes of works are recommended. that the ‘‘right’’ to prohibit the uses of the works in that class, The first class, ‘‘Compilations consisting circumvention should be qualified in rather than by reference to attributes of of lists of websites blocked by filtering order to maintain a balance between the the works themselves, and (2) that the software applications,’’ fits comfortably interests of content creators and Assistant Secretary identify any within the approach to classification information users, by means of carefully comments or testimony in the record of outlined herein. The second class, drawn exemptions from the this rulemaking proceeding that he ‘‘Literary works, including computer anticircumvention provision. believes presented any evidence that programs and databases, protected by Since fair use, as codified in 17 U.S.C. technological measures that control access control mechanisms that fail to 107, is not a defense to the cause of access to copyrighted works actually permit access because of malfunction, action created by the anticircumvention have caused or in the next three years damage or obsoleteness,’’ is a somewhat prohibition of section 1201, the will cause substantial adverse impacts less comfortable fit. It includes all Assistant Secretary urges the Register to on the ability of users to make literary works (a section 102 category) follow the House Commerce noninfringing uses of works in the and specifically mentions two Committee’s intent to provide for proposed class of works that he has subclasses of literary works, but narrows exemptions analogous to fair use. He endorsed. the exemption by reference to attributes advises the Register to preserve fair use With respect to how a ‘‘class of of the technological measures that principles by crafting exemptions that works’’ is to be defined or determined, control access to the works. Such are grounded in these principles in NTIA responded by stating that fair use classification probably reaches the outer order to promote inclusion of all parts has to be a part of any discussion limits of a permissible definition of of society in the digital economy and focusing on exemptions to the DMCA’s ‘‘class’’ under the approach adopted prevent a situation in which anticircumvention prohibition, and that herein. information crucial to supporting because the principle of fair use is scholarship, research, comment, grounded in a factual examination of the B. Consultation With Assistant Secretary criticism, news reporting, life-long use to which copyrighted materials are of Commerce for Communications and learning, and other related lawful uses put, it would be reasonable to include Information of copyrighted information is available a similar examination in fashioning a As is required by section only to those with the ability to pay or class of excepted works under 1201(a)(1)(C), the Register has consulted the expertise to negotiate advantageous 1201(a)(1)(C). with the Assistant Secretary for licensing terms. In response to the request to identify Communications and Information in the The Assistant Secretary expresses comments and testimony that present Department of Commerce. The Assistant support for commenters in this evidence of substantial adverse impacts Secretary is the Administrator of the proceeding who believed that the term on the ability of users to make National Telecommunciations and ‘‘class’’ should not be interpreted as noninfringing uses of ‘‘works embodied Information Administration (NTIA). ‘‘coextensive’’ with categories of in copies that have been lawfully Discussions with the Assistant Secretary original works of authorship, as that acquired by users or their institutions and the NTIA staff have taken place term is used in section 102(a) of the who subsequently seek to make throughout this rulemaking process. In Copyright Act. He states that since the noninfringing uses thereof,’’ NTIA cited furtherance of the consultative process, statute and legislative history provide one comment and the testimony of on September 29, 2000, the Assistant little guidance on the meaning of the several witnesses. NTIA also questioned Secretary presented a letter to the term ‘‘class of works’’ and since section whether a showing of ‘‘substantial’’ Register detailing his views. That letter 1201(a)(1)(C) instructs the Librarian to adverse impact is required, observing has been forwarded to the Librarian. examine considerations of use that are that ‘‘Nowhere in section 1201(a)(1)(C) After full and thorough consideration of similar to fair use analysis, the classes does the word ‘‘substantial’’ appear’’ and discussions with the Assistant of exempted works should be fashioned and asserting that a showing of Secretary’s office on these views, the based on a factual examination of the ‘‘reasonably anticipated impacts’’ Register includes the following report uses to which copyrighted materials are should be sufficient. and comment on the Assistant put. The views of the Assistant Secretary Secretary’s perspective in this In order to craft an exemption that have been seriously considered in the recommendation to the Librarian. will preserve fair uses, he concludes preparation of these recommendations The Assistant Secretary stated that his that the determination of exempted to the Librarian. Because the exemption principal concern is to ensure that the classes of works should include a endorsed by the Assistant Secretary (see Librarian will preserve fair use factual examination of the uses to which discussion above) is not supported in principles in this new digital age. The copyrighted materials are put. With this this recommendation, an explanation of concerns expressed in his letter quoted in mind, he endorses, ‘‘as a starting the reasons is in order. from and restated many of the concerns point, the exception proposed by the At the outset of these comments on that were presented in the House library and academic communities.’’ In the Assistant Secretary’s views, it Commerce Committee Report. The particular, he would support the should be understood that there is no
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‘‘legal framework that would inexorably Loudoun v. Board of Trustees of the permitting circumvention of create a ‘pay-per-use’ society.’’ See Loudoun County Library, 24 F. Supp. 2d technological measures that control Commerce Comm. Report, at 26. 552 (E.D. Va. 1998). See also Tenn. Op. access to such lists would have a However, a ‘‘pay-per-use’’ business Atty. Gen. No. 00–030 (2000). On the negative impact on any of the factors set model may be, in the words of the other hand, the Supreme Court has forth in section 1201(A)(1)(C). The House Manager’s Report, ‘‘use- suggested that availability of such commenters assert that there is no other facilitating.’’ House Manager’s Report, at software for use by parents to prevent legitimate way to obtain access to this 7. The Manager’s Report refers to access their children from gaining access to information. No one else on the record control technologies that are ‘‘designed objectionable websites is a positive has asserted otherwise. to allow access during a limited time development. Reno v. American Civil A review of the factors listed in period, such as during a period of Liberties Union, 521 U.S. 844, 876–77 1201(a)(1)(C) supports the creation of library borrowing’’ or that allow ‘‘a (1997); United States v. Playboy this exemption. Although one can consumer to purchase a copy of a single Entertainment Group, Inc., 120 S.Ct. speculate that the availability of article from an electronic database, 1878, 1887 (2000). technological protection measures that rather than having to pay more for a Critics charge that some filtering deny access to the lists of blocked subscription to a journal containing programs unfairly block sites that do not websites might be of benefit to the many articles the consumer does not contain undesirable material and proprietors of filtering software, and want.’’ Id. For example, if consumers therefore should not be filtered. One might even increase the willingness of are given a choice between paying $100 commenter alleged that such programs those proprietors to make the software for permanent access to a work or $2 for have an error rate of 76%. R56 at 6. available for use by the public, no each individual occasion on which they Another commenter described the ‘‘long commenters or witnesses came forward access the work, many will probably history of errors in blocking sites,’’ and to make such an assertion. No find it advantageous to elect the ‘‘pay- asserted that the software manufacturers information was presented relating to per-use’’ option, which may make have not responded appropriately. R26. the use of either the filtering software or access to the work much more widely The names of blocked websites are the lists of blocked websites for available than it would be in the compiled into lists which are protected nonprofit archival, preservation and absence of such an option. The by copyright as compilations. Several educational purposes. Nor was any comments and testimony of commenters assert that manufacturers of information presented relating to SilverPlatter Information Inc., filtering software encrypt the lists whether the circumvention of demonstrate that the flexibility offered naming the targeted sites and that they technological measures preventing by such ‘‘persistent’’ access controls can are not made available to others, access to the lists has had an impact on actually enhance use. Of course, one can including the operators of the targeted the market for or value of filtering imagine pay-per-use scenarios that are sites themselves. R56. These software or the compilations of likely to make works less widely commenters assert that they have no objectionable websites contained available as well. alternative but to decrypt the encrypted therein. However, a persuasive case was The record in this proceeding does lists in order to learn what websites are made that the existence of access not reveal that ‘‘pay-per-use’’ business included in those lists. Persons have control measures has had an adverse models have, thus far, created the already decrypted the lists for the effect on criticism and comment, and adverse impacts on the ability of users purpose of commenting on or criticizing most likely news reporting, and that the to make noninfringing uses of them. R56. One commenter cites an prohibition on circumvention of access copyrighted works that would justify injunction against authors of a program control measures will have an adverse any exemptions from the prohibition on decrypting the list of blocked websites. effect. circumvention. If such adverse impacts R26. See Microsystems Software, Inc. v. Thus, it appears that the prohibition occur in the future, they can be Scandinavia Online AB, No. 00–1503 on circumvention of technological addressed in a future rulemaking (1st Cir. Sept. 27, 2000). Such acts of measures that control access to these lists of blocked sites will cause an proceeding. decryption would appear to violate 1201(a)(1) if it took effect without an adverse effect on noninfringing users D. The Two Exemptions exemption for these activities. since persons who wish to criticize and This does appear to present a problem comment on them cannot ascertain 1. Compilations Consisting of Lists of for users who want to make which sites are contained in the lists Websites Blocked by Filtering Software noninfringing uses of such unless they circumvent. The case has Applications compilations, because reproduction or been made for an exemption for Certain software products, often display of the lists for the purpose of compilations consisting of lists of known as ‘‘filtering software’’ or criticizing them could constitute fair websites blocked by filtering software ‘‘blocking software,’’ restrict users from use. The interest in accessing the lists in applications. visiting certain internet websites. These order to critique them is demonstrated software products include compilations by court cases, websites devoted to the 2. Literary Works, Including Computer consisting of lists of websites to which issue, and a fair number of commenters. Programs and Databases, Protected by the software will deny access. Schools, See generally R73 (Computer Access Control Mechanisms That Fail to libraries, and parents may choose to use Professionals for Social Responsibility); Permit Access Because of Malfunction, such software for the purpose of R38; PH20; and PH5 (California Damage or Obsoleteness preventing juveniles’ access to Association of Library Trustees and This designation of class of works is pornography or other explicit or Commissioners, reverse filtering); WS intended to exempt users of software, inappropriate materials on their Vaidhyanathan. There is uncontroverted databases and other literary works in computers. R56. At least one court that evidence in this record that the lists are digital formats who are prevented from has addressed the use of such software not available elsewhere. No evidence accessing such works because the access has concluded that requiring use of the has been presented that there is not a control protections are not functioning software in public libraries offends the problem with respect to lists of websites in the way that they were intended. In First Amendment. See, e.g., Mainstream blocked by filtering software, or that the course of this rulemaking
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Part VI
The President Executive Order 13172—Amendment of Executive Order 13078, To Expand the Role of the National Task Force on Employment of Adults With Disabilities To Include a Focus on Youth Executive Order 13173—Interagency Task Force on the Economic Development of the Central San Joaquin Valley
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Federal Register Presidential Documents Vol. 65, No. 209
Friday, October 27, 2000
Title 3— Executive Order 13172 of October 25, 2000
The President Amendment to Executive Order 13078, To Expand the Role of the National Task Force on Employment of Adults With Disabilities To Include a Focus on Youth
By the authority vested in me as President by the Constitution and the laws of the United States, and in order to provide for improved access to employment and training for youth with disabilities, it is hereby ordered that Executive Order 13078 of March 13, 1998, is amended by adding to section 2 of that order the following new subsection to read as follows: ‘‘(h) To improve employment outcomes for persons with disabilities by addressing, among other things, the education, transition, employment, health and rehabilitation, and independent living issues affecting young people with disabilities, executive departments and agencies shall coordinate and cooperate with the Task Force to: (1) strengthen interagency research, dem- onstration, and training activities relating to young people with disabilities; (2) create a public awareness campaign focused on access to equal oppor- tunity for young people with disabilities; (3) promote the views of young people with disabilities through collaboration with the Youth Councils au- thorized under the Workforce Investment Act of 1998; (4) increase access to and utilization of health insurance and health care for young people with disabilities through the formalization of the Federal Healthy and Ready to Work Interagency Council; (5) increase participation by young people with disabilities in postsecondary education and training programs; and (6) create a nationally representative Youth Advisory Council, to be funded and chaired by the Department of Labor, to advise the Task Force in con- ducting these and other appropriate activities.’’ œ–
THE WHITE HOUSE, October 25, 2000.
[FR Doc. 00–27892 Filed 10–26–00; 11:42 am] Billing code 3195–01–P
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Executive Order 13173 of October 25, 2000
Interagency Task Force on the Economic Development of the Central San Joaquin Valley
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to provide a more rapid and integrated Federal response to the economic development chal- lenges of the Central San Joaquin Valley (Valley), it is hereby ordered as follows: Section 1.(a) There is established the ‘‘Interagency Task Force on the Eco- nomic Development of the Central San Joaquin Valley’’ (Task Force). (b) The Task Force shall include the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Energy, the Secretary of Labor, the Secretary of Transportation, the Secretary of the Treasury, the Director of the Office of Management and Budget, the Director of National Drug Control Policy, the Administrator of General Services, the Administrator of the Small Business Administration, the Administrator of the Environmental Protection Agency, or their designees, and such other senior executive branch officials as may be determined by the Task Force. The Chair of the Task Force shall rotate annually among the Secretaries of Agriculture, Housing and Urban Development, and Com- merce in an order deter mined by those agency heads. Administrative support shall be provided by the then-current chair. (c) The purpose of the Task Force is to coordinate and improve existing Federal efforts for the Valley, in concert with locally led efforts, in order to increase the living standards and the overall economic performance of the Valley. Economic development efforts shall include consideration of the preservation or enhancement of the natural environment and natural resources of the Valley. Specifically, the Task Force shall: (1) analyze programs and policies of Task Force member agencies that relate to the Valley to determine what changes, modifications, and innova- tions should be considered, if any; (2) consider statistical and data analysis, research, and policy studies related to the Valley; (3) develop, recommend, and implement short-term and long-term options for promoting sustainable economic development; (4) consult and coordinate activities with State, tribal, and local govern- ments, community leaders, Members of Congress, the private sector, and other interested parties, paying particular attention to maintaining existing authorities of the States, tribes, and local governments, and preserving their existing working relationships with other agencies, organizations, or individ- uals; (5) coordinate and collaborate on research and demonstration priorities of Task Force member agencies related to the Valley; (6) integrate Federal initiatives and programs into the design of sustainable economic development actions for the Valley; and
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(7) focus initial efforts on pilot communities for implementing a coordi- nated and expedited Federal response to local economic development and other needs. (d) The Task Force shall issue an interim report to the President by January 15, 2001. The Task Force shall issue its first annual report to the President by September 15, 2001, with subsequent reports to follow annually for a period of 5 years. The reports shall describe the actions taken by, and progress of, each member of the Task Force in carrying out this order. Sec. 2. Specific Activities by Task Force Members and Other Agencies. The agencies represented on the Task Force shall work together and report their actions and progress in carrying out this order to the Task Force Chair one month before the reports are due to the President under section 1(d) of this order. Sec. 3. Cooperation. All efforts taken by agencies under sections 1 and 2 of this order shall, as appropriate, further partnerships and cooperation with organizations that represent the Valley and with State, tribal, and local governments. Sec. 4. Definitions. (a) ‘‘Agency’’ means an executive agency as defined in 5 U.S.C. 105. (b) The Central San Joaquin Valley or ‘‘Valley’’ means the counties of Fresno, Kern, Kings, Madera, Merced, Stanislaus, and Tulare in the State of California. Sec. 5. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. œ–
THE WHITE HOUSE, October 25, 2000.
[FR Doc. 00–27893 Filed 10–26–00; 11:42 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 65, No. 209 Friday, October 27, 2000
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
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 3 CFR 7465) ...... 61183 June 6, 1929 (Revoked Presidential Documents Proclamations: by PLO 7465)...... 61183 Executive orders and proclamations 523±5227 7346...... 59311 11625 (See 13170)...... 60827 The United States Government Manual 523±5227 7347...... 59313 12978 (See Notice of 7348...... 59315 October 19, 2000 ...... 63193 Other Services 7349...... 59317 13169...... 60581 Electronic and on-line services (voice) 523±4534 7350...... 59321 13170...... 60827 Privacy Act Compilation 523±3187 7351...... 59329 13171...... 61251 7352...... 60567 Public Laws Update Service (numbers, dates, etc.) 523±6641 Administrative Orders: 7353...... 60569 TTY for the deaf-and-hard-of-hearing 523±5229 Presidential Determinations: 7354...... 60571 No. 2000±30 of 7355...... 60573 September 19, ELECTRONIC RESEARCH 7356...... 60575 2000 ...... 59339 World Wide Web 7357...... 60577 No. 2000±31 of 7358...... 60579 September 28, Full text of the daily Federal Register, CFR and other 7359...... 60831 2000 ...... 59695 publications: 7360...... 60833 No. 2000±32 of http://www.access.gpo.gov/nara 7361...... 60835 September 29, 7362...... 61255 2000 ...... 59697 Federal Register information and research tools, including Public (Amended by Proc. Inspection List, indexes, and links to GPO Access: No. 2000±33 of 7364) ...... 62575 September 29, http://www.nara.gov/fedreg 7363...... 61257 2000 ...... 59699 7364...... 62575 E-mail Notices: 7365...... 62985 October 19, 2000...... 63193 PENS (Public Law Electronic Notification Service) is an E-mail 7366...... 62987 service for notification of recently enacted Public Laws. To 7367...... 62989 5 CFR subscribe, send E-mail to 7368...... 63763 330...... 63765, 64133 [email protected] 7369...... 64335 351...... 62991, 64133 Executive Orders: with the text message: 430...... 60837 July 9, 1910 (Revoked 532...... 64337 subscribe PUBLAWS-L your name by PLO 7465)...... 61183 591...... 58901 Use [email protected] only to subscribe or unsubscribe to July 29, 1910 1201...... 58902 PENS. We cannot respond to specific inquiries. (Revoked by PLO 8301...... 58635 7465) ...... 61183 Proposed Rules: Reference questions. Send questions and comments about the November 25, 1910 Federal Register system to: 870...... 64530 (Revoked by PLO 930...... 64168 [email protected] 7465) ...... 61183 7 CFR The Federal Register staff cannot interpret specific documents or January 12, 1911 regulations. (Revoked by PLO 90...... 64302 7465) ...... 61183 91...... 64302 December 21, 1911 FEDERAL REGISTER PAGES AND DATE, OCTOBER 92...... 64302 (Revoked by PLO 93...... 64302 58635±58900...... 2 7465) ...... 61183 94...... 64302 58901±59104...... 3 April 29, 1912 98...... 64302 59105±59338...... 4 (Revoked by PLO 272...... 59105 59339±59694...... 5 7465) ...... 61183 274...... 59105 59695±60092...... 6 June 10, 1912 301...... 61077 (Revoked by PLO 319...... 63765 60093±60338...... 10 7465) ...... 61183 735...... 63765 60339±60568...... 11 July 14, 1913 920...... 64338 60569±60830...... 12 (Revoked by PLO 932...... 62992 60831±61076...... 13 7465) ...... 61183 956...... 61080 61077±61254...... 16 June 6, 1914 (Revoked 1220...... 63767 61255±62274...... 17 by PLO 7465)...... 61183 1230...... 62577 62275±62576...... 18 October 9, 1917 1724...... 63195 62577±62990...... 19 (Revoked by PLO Proposed Rules 62991±63194...... 20 7465) ...... 61183 210...... 60502 63195±63534...... 23 October 20, 1917 226...... 60502 63535±63762...... 24 (Revoked by PLO 235...... 60502 63763±64132...... 25 7465) ...... 61183 245...... 60502 64133±64334...... 26 December 22, 1919 457...... 62311 64335±64580...... 27 (Revoked by PLO 905...... 58672, 60121
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944...... 58672, 60121 Proposed Rules: 16 CFR 26 CFR 984...... 63219 119...... 60256 1...... 60857 1 ...... 58650, 60585, 61091, 1210...... 61122 126...... 58963 305...... 63201 61268 1412...... 59759 311...... 60857 602...... 61268 14 CFR 8 CFR Proposed Rules: Proposed Rules: 25...... 60343, 63196 Ch. II ...... 58968 204...... 63118 1 ...... 58973, 59774, 60136, 39 ...... 58640, 58641, 58645, 307...... 60899 234...... 58902 61292, 63824 58647, 59701, 59703, 59705, 245...... 63118 313...... 59766 5f...... 61292 59707, 59709, 59710, 60347, 20...... 63025 299...... 61259 17 CFR 60349, 60845, 60846, 60848, 31...... 61292 Proposed Rules: 60850, 61083, 61085, 61262, 4...... 58648 3...... 60384 301...... 60822 62275, 62276, 62280, 62281, 30...... 60558, 60560 212...... 60384 62994, 62999, 63001, 63003, 140...... 64136, 64136 27 CFR 9 CFR 63005, 63006, 63535, 63537, 240...... 64137 4...... 59719 77...... 63502, 64479 63540, 63542, 63790, 63792, Proposed Rules: 275...... 63545 331...... 62579 63793, 63795, 64134, 64340 240...... 59766 Proposed Rules: 61...... 60334 391...... 60093 18 CFR 9...... 61129 590...... 60093 63...... 60334 65...... 60334 284...... 59111 28 CFR Proposed Rules: 71 ...... 59341, 59711, 59712, 1...... 62650 19 CFR 0...... 60100 2...... 62650 60352, 61087, 63544, 63797, 2...... 63291 63798 10...... 59650, 59668 541...... 59725 10 CFR 73...... 59341 12...... 64140 163...... 59650, 59668 1...... 59270 91...... 60352 29 CFR 2...... 59270 93...... 60352 Proposed Rules: 1908...... 64282 72...... 60339, 62581 95...... 63198 10...... 64178 1952...... 62610 97 ...... 59342, 59345, 63009, 13...... 59270 20 CFR 2520...... 62958 34...... 63750 63010, 63013 4022...... 60859 36...... 63750 108...... 60334 Proposed Rules: 4044...... 60859 404...... 58970, 60584 39...... 63750 121...... 60334, 60352 Proposed Rules: 416 ...... 58970, 60584, 63221 50...... 63769 135...... 60334, 60352 2510...... 64482 422...... 63221 72...... 63769 187...... 59713 2570...... 64498 434...... 60000 383...... 61089 21 CFR 435...... 60000 401...... 62812 30 CFR 25...... 60499 830...... 60292 417...... 62812 42...... 59048 Proposed Rules 420...... 62812 73...... 59717, 60253 101...... 58917 47...... 59048 34...... 63753 1260...... 62900 56...... 59048, 61270 36...... 63753 1274...... 62900 172...... 60858 510...... 60097, 60585 57...... 59048, 61270 39...... 63753 Proposed Rules: 62...... 61270 72...... 60384 36...... 59634, 61125 522...... 61090 526...... 61091 70...... 61270 140...... 61283, 63221 39 ...... 58675, 58678, 58681, 556...... 61091 71...... 61270 430 ...... 59550, 59590, 59761 58966, 59146, 59381, 59383, 601...... 59718 77...... 59048 431...... 63677 60124, 60126, 60129, 60591, 801...... 62282 206...... 62612 719...... 63809 60593, 60595, 60597, 60599, 862...... 62285 Proposed Rules: 60897, 61287, 61289, 62313, 11 CFR 872...... 60098 920...... 59150 62315, 62650, 62651, 63023, 100...... 63535 Proposed Rules: 931...... 63223 63551, 63553, 63556, 63817, 946...... 59152 101...... 63535 64176 801...... 62317 102...... 63535 43...... 58878 1313...... 63822 31 CFR 104...... 63535 45...... 58878 22 CFR 109...... 63535 Proposed Rules: 71 ...... 59762, 59763, 59764, 1...... 63824 114...... 63535 60385, 61125, 61126, 61127, Proposed Rules: 51...... 60132 205...... 60796 9003...... 63535 62653, 62654, 62655, 62656, 706...... 64342 9033...... 63535 63820, 63821 32 CFR 12 CFR 187...... 64401 23 CFR 199...... 63202 413...... 63922 1275...... 59112 317...... 63798 41...... 63120 415...... 63922 222...... 63120 706 ...... 61092, 61093, 61094, 417...... 63922 24 CFR 226...... 58903 61095, 61096, 61097, 61098, 263...... 60583 200...... 61072 61099, 62614 334...... 63120 15 CFR 203...... 60320 724...... 62614 509...... 61260 101...... 59714 236...... 61072 733...... 62615 510...... 61260 705...... 62599 291...... 60324 734...... 62616 563b...... 60095 732...... 62600 880...... 61072 752...... 60861 571...... 63120 734...... 60852, 62600 881...... 61072 765...... 62619 575...... 60095 738...... 60852 883...... 61072 884...... 64348 701...... 64512 740...... 60852, 62600 888...... 58870 1615...... 60100 792...... 63789 742 ...... 58911, 60852, 62600 982...... 58870 Proposed Rules: Proposed Rules: 743...... 60852 985...... 58870 311...... 63826 563b...... 60123 744...... 60852, 62600 Proposed Rules: 323...... 60900 575...... 60123 748...... 60852, 62600 7...... 64320 935...... 63826 584...... 64392 770...... 62600 570...... 63756 706...... 64168 772...... 62600 888...... 60084 33 CFR 774 ...... 58911, 60852, 62600 66...... 59124 13 CFR 902...... 61264, 63291 25 CFR 100...... 58652 121...... 60342 922...... 60096 20...... 63144 110...... 62286
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117 ...... 59126, 60359, 60360, 142...... 63027, 64479 46 CFR 1834...... 58931 60361, 64352 271 ...... 59155, 61135, 64193, 10...... 64388 1837...... 58932 154...... 62288 64403 15...... 64388 1842...... 63807 165 ...... 58654, 58655, 62286, 403...... 59791 1843...... 58931 62289, 62290, 62292 721...... 62319 47 CFR 1845...... 58931 Proposed Rules: 1601...... 59155 1...... 59350, 60868 1852...... 58931 117...... 59780 2 ...... 59350, 60108, 60869 Proposed Rules: 41 CFR 165...... 63558 15...... 64388 52...... 64298 101±2...... 64372 225...... 63836 36 CFR 20 ...... 58657, 60112, 62646 101±40...... 60060 25...... 59140, 59749 928...... 63809 Proposed Rules: 101±45...... 63549 27...... 60112 944...... 63809 1190...... 58974 102±117...... 60060 32...... 58661 952...... 63809 1191...... 58974, 62498 Ch. 301 ...... 62637 54...... 58662 970...... 63809 1258...... 60862 Proposed Rules: 63...... 60113 9904...... 59504 60±1...... 60816 37 CFR 64...... 58661 60±250...... 60816 73 ...... 58920, 58921, 59144, 49 CFR 201...... 64556 60±741...... 60816 59145, 59751, 59752, 60378, 172...... 60382 61±250...... 59684 38 CFR 60379, 60585, 61113, 62299, 173...... 60382 63801, 63802 177...... 60382 21 ...... 59127, 60499, 60724, 42 CFR 87...... 59350, 60108 61100 375...... 58663 36...... 58918 90...... 60379, 60869 386...... 58663 Proposed Rules: 409...... 62645 95...... 60869 391...... 59362 3...... 61132 410...... 62645 101...... 59350, 60382 571...... 63014 39 CFR 412...... 59748 Proposed Rules: Proposed Rules: 413 ...... 58919, 59748, 60104, 54...... 58721 171...... 63294 20...... 60361 61112 73 ...... 59162, 59163, 59388, 172...... 63294 111...... 61102 422...... 59749 59389, 59796, 59797, 60163, 173...... 63294 Proposed Rules: 424...... 60366 60387, 60602, 61299, 62683, 174...... 63294 111...... 58682 440...... 60105 63043, 63044 175...... 63294 502...... 58682 441...... 60105 76...... 60387 176...... 63294 489 ...... 58919, 59748, 61112, 40 CFR 48 CFR 177...... 63294 62645 178...... 63294 9...... 59894 498 ...... 58919, 61112, 62645 Ch. 1 ...... 60542 180...... 63294 35...... 58850 Proposed Rules: 2...... 60542 1180...... 58974 52 ...... 59128, 59727, 60101, 124...... 62976 4...... 60542 61104, 62295, 62620, 62624, 5...... 60542 410...... 62681 50 CFR 62626, 63546, 63678, 64142, 447...... 60151 7...... 60542 64145, 64148, 64156, 64158, 1001...... 63035 15...... 60542 17 ...... 58933, 60879, 62302, 643,52, 64357, 64360 1003...... 63035 19...... 60542 63438, 63680 60...... 61744 1005...... 63035 52...... 60542 20...... 58664 61...... 61744 1008...... 63035 53...... 60542 25...... 62458 63 ...... 59894, 61744, 64161 Ch. 2 ...... 63801 26...... 62458 70...... 64158 43 CFR 204...... 63804 29...... 62458 81 ...... 59128, 60362, 62295 223...... 60383 Proposed Rules: 207...... 63804 85...... 59896 600...... 59752, 63118 4...... 60602 209...... 63804 86...... 59896 219...... 63804, 63806 622...... 61114 132...... 59738 44 CFR 236...... 63804 635 ...... 60118, 60889, 63807 176...... 64126 242...... 63804 636...... 63021 180 ...... 59346, 61270, 62629, 59...... 60758 252...... 63804 648 ...... 59758, 60118, 60586, 62631, 62634, 64363, 64369 61...... 60758 931...... 62299 60892, 63549 271 ...... 59135, 61109, 63218, 64...... 61278, 61280 970...... 62299 660...... 59752, 63118 64161, 64164, 64402 65 ...... 64372, 64374, 64378 1511...... 58921 679 ...... 59380, 60587, 61264, 300...... 58656, 61112 67...... 64380, 64386 1515...... 58921 62646, 63291, 63550 403...... 59738 Proposed Rules: 1517...... 58921 697...... 61116 Proposed Rules: 65...... 60159 1519...... 58921 Proposed Rules: 52 ...... 58698, 59154, 59782, 67...... 64380, 64386 1523...... 58921 17 ...... 58981, 59798, 60391, 60141, 60144, 61133, 61134, 206...... 58720 1528...... 58921 60603, 60605, 60607, 61218, 62319, 62657, 62658, 62666, 1535...... 58921 62690, 62691, 63044, 63046, 45 CFR 62668, 62671, 62675, 62677, 1542...... 58921 64414 62679, 62681, 63560, 64189, 310...... 63801 1545...... 58921 20...... 63225 64190, 64191, 64192, 64402 Proposed Rules: 1552...... 58921 216...... 59164 63...... 58702, 62414 80...... 64194 1807...... 58931 229...... 64415 70...... 64192 84...... 64194 1811...... 58931 622 ...... 59170, 60163, 63837 81 ...... 59154, 60362, 62319 86...... 64194 1815...... 58931 648...... 60396 82...... 59783 90...... 64194 1816...... 58931 660 ...... 59813, 62692, 63047 123...... 59385 91...... 64194 1817...... 58931 679...... 58727 141...... 63027, 64479 309...... 63835 1819...... 58931 697...... 61135
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REMINDERS Circumvention of copyright Land Remote Sensing Policy OrganizationÐ The items in this list were protection systems for Act of 1992: Stockholder vote on like editorially compiled as an aid access control Private land remote-sensing lending authority; to Federal Register users. technologies; exemption to space systems; licensing comments due by 10- Inclusion or exclusion from prohibition; published 10- requirements; comments 30-00; published 9-29- this list has no legal 27-00 due by 10-30-00; 00 significance. published 9-18-00 FEDERAL COMMENTS DUE NEXT DEFENSE DEPARTMENT COMMUNICATIONS WEEK Privacy Act; implementation; COMMISSION RULES GOING INTO Common carrier services: EFFECT OCTOBER 27, comments due by 10-31-00; ADVISORY COUNCIL ON published 9-1-00 Competitive bidding 2000 procedures; small HISTORIC PRESERVATION ENVIRONMENTAL business status Historic Preservation, PROTECTION AGENCY AGRICULTURE determination; total assets Advisory Council DEPARTMENT Air quality implementation test, etc.; comments due Agricultural Marketing Protection of historic and plans; approval and by 10-30-00; published 8- Service cultural properties promulgation; various 29-00 States: Commodity laboratory testing Proposed suspension of rule Digital television stations; table programs: and adoption as Arizona; comments due by of assignments: Science and Technology guidelines; comments due 10-30-00; published 9-29- California; comments due by Laboratory Service; fee by 10-30-00; published 9- 00 10-30-00; published 9-11- changes; published 10-26- 15-00 California; comments due by 00 00 CHEMICAL SAFETY AND 10-30-00; published 9-28- Minnesota; comments due ENVIRONMENTAL HAZARD INVESTIGATION 00 by 10-30-00; published 9- PROTECTION AGENCY BOARD Connecticut, Massachusetts, 11-00 Pesticides; tolerances in food, Freedom of Information Act; District of Columbia, and Radio stations; table of animal feeds, and raw implementation; comments Georgia; serious ozone assignments: agricultural commodities: due by 11-3-00; published nonattainment areas; one- Arizona; comments due by (N-(4-fluorophenyl)-N-(1- 10-4-00 hour attainment 10-30-00; published 9-20- methylethyl)-2[[5- COMMERCE DEPARTMENT demonstrations; comments 00 due by 10-31-00; (trifluoromethyl)-1,3,4- National Oceanic and Georgia; comments due by published 10-16-00 thiadiazol-2- Atmospheric Administration 10-30-00; published 9-20- Air quality implementation yl]oxy]acetamide; Fishery conservation and 00 plans; approval and Extension of tolerance for management: FEDERAL DEPOSIT emergency exemptions; promulgation; various states: Alaska; fisheries of INSURANCE CORPORATION published 10-27-00 Exclusive Economic District of Columbia; Practice and procedure: Pesticides; tolerances in food, ZoneÐ comments due by 10-30- Program fraud; civil animal feeds, and raw 00; published 9-28-00 Bering Sea and Aleutian penalties; comments due agricultural commodities: Islands king and Tanner Air quality implementation by 10-30-00; published 8- Azoxystsobin; published 10- crab; comments due by plans; approval and 29-00 27-00 10-30-00; published 8- promulgation; various states GENERAL ACCOUNTING Superfund program: 29-00 District of Columbia; OFFICE National oil and hazardous Atlantic coastal fisheries comments due by 10-30- Personnel Appeals Board; substances contingency cooperative 00; published 9-28-00 procedural rules: planÐ managementÐ Air quality implementation Employment-related appeals; National priorities list Atlantic Coast horseshoe plans; approval and comments due by 10-30- update; published 8-28- crab; comments due by promulgation; various 00; published 8-30-00 00 10-31-00; published 10- States: HEALTH AND HUMAN GENERAL SERVICES 16-00 New York; comments due SERVICES DEPARTMENT ADMINISTRATION Caribbean, Gulf, and South by 10-30-00; published 9- Children and Families Federal property management: Atlantic fisheries- 29-00 Administration Payments to GSA for Gulf of Mexico shrimp; Air quality implementation Head Start Program: supplies and services √ √ comments due by 11-3- plans; A approval and Family child care homes; furnished government 00; published 9-21-00 promulgation; various program option; comments agencies; published 10- States; air quality planning Caribbean, Gulf, and South due by 10-30-00; 27-00 purposes; designation of Atlantic fisheriesÐ published 8-29-00 INTERIOR DEPARTMENT areas: Exclusive economic zone HEALTH AND HUMAN Indian Affairs Bureau Washington; comments due seaward of Navassa SERVICES DEPARTMENT by 11-3-00; published 10- Education: Island; comments due Food and Drug 4-00 Southwestern Indian by 11-3-00; published Administration Polytechnic Institute; 10-4-00 Confidential business Food for human consumption: personnel system; information; elimination of Gulf of Mexico Fishery Food labelingÐ published 9-27-00¶ special treatment for certain Management Council; Dietary supplements; category; comments due by hearings; comments effect on structure or 10-30-00; published 8-30-00 RULES GOING INTO due by 11-3-00; function of body; types EFFECT OCTOBER 28, published 10-10-00 Hazardous waste program of statements, definition; authorizations: 2000 Northeastern United States partial stay; comments fisheriesÐ South Carolina; comments due by 10-30-00; due by 11-3-00; published LIBRARY OF CONGRESS Mid-Atlantic Fishery published 9-29-00 10-4-00 Copyright Office, Library of Management Council; INTERIOR DEPARTMENT Congress hearings; comments FARM CREDIT Fish and Wildlife Service Digital Millennium Copyright due by 10-30-00; ADMINISTRATION Endangered and threatened Act: published 9-27-00 Farm credit system: species:
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Critical habitat Tongass Narrows and session of Congress which 451 College Street in Macon, designationsÐ Ketchikan Bay, AK; speed have become Federal laws. It Georgia, as the ``Henry Wintering piping plovers; limit; safety zone may be used in conjunction McNeal Turner Post Office''. comments due by 10- redesignated as with ``P L U S'' (Public Laws (Oct. 19, 2000; 114 Stat. 30-00; published 8-30- anchorage ground; Update Service) on 202±523± 1288) 00 comments due by 10-31- 6641. This list is also H.R. 3745/P.L. 106±323 Zapata bladderpod; 00; published 4-7-00 available online at http:// Effigy Mounds National comments due by 11-2- TRANSPORTATION www.nara.gov/fedreg. Monument Additions Act (Oct. 00; published 10-3-00 DEPARTMENT The text of laws is not 19, 2000; 114 Stat. 1289) Federal Aviation INTERIOR DEPARTMENT published in the Federal H.R. 3817/P.L. 106±324 Administration Register but may be ordered To dedicate the Big South Minerals Management Air carrier certification and Service in ``slip law'' (individual Trail in the Comanche Peak operations: pamphlet) form from the Wilderness Area of Roosevelt Royalty management: Airports serving scheduled Superintendent of Documents, National Forest in Colorado to Oil value for royalty due on air carrier operations in U.S. Government Printing the legacy of Jaryd Atadero. Indian leases; aircraft with 10-30 seats; Office, Washington, DC 20402 (Oct. 19, 2000; 114 Stat. establishment certification requirements; (phone, 202±512±1808). The 1291) comments due by 11-3- text will also be made Initial regulatory flexibility H.R. 3909/P.L. 106±325 analysis; comments due 00; published 8-22-00 available on the Internet from To designate the facility of the by 10-30-00; published Airworthiness directives: GPO Access at http:// United States Postal Service 9-28-00 Boeing; comments due by www.access.gpo.gov/nara/ located at 4601 South Cottage INTERIOR DEPARTMENT 10-31-00; published 9-1- index.html. Some laws may 00 not yet be available. Grove Avenue in Chicago, Illinois, as the ``Henry W. National Park Service Empresa Brasileira de McGee Post Office Building''. Special regulations: Aeronautica S.A.; H.R. 2302/P.L. 106±315 (Oct. 19, 2000; 114 Stat. National Capital Region comments due by 10-30- To designate the building of 1292) Parks; photo radar speed 00; published 9-28-00 the United States Postal enforcement; comments McDonnell Douglas; Service located at 307 Main H.R. 3985/P.L. 106±326 due by 10-31-00; comments due by 11-2- Street in Johnson City, New To redesignate the facility of published 9-1-00 00; published 9-18-00 York, as the ``James W. the United States Postal McCabe, Sr. Post Office Raytheon; comments due by Service located at 14900 INTERIOR DEPARTMENT Building''. (Oct. 19, 2000; 114 10-30-00; published 9-26- Southwest 30th Street in Surface Mining Reclamation Stat. 1275) Miramar, Florida, as the ``Vicki and Enforcement Office 00 S.N. CENTRAIR; comments H.R. 2496/P.L. 106±316 Coceano Post Office Building''. Permanent program and due by 10-31-00; To reauthorize the Junior (Oct. 19, 2000; 114 Stat. abandoned mine land published 9-29-00 Duck Stamp Conservation and 1293) reclamation plan Saab; comments due by 10- Design Program Act of 1994. H.R. 4157/P.L. 106±327 submissions: 30-00; published 9-29-00 (Oct. 19, 2000; 114 Stat. To designate the facility of the Virginia; comments due by Siam Hiller Holdings, Inc.; 1276) United States Postal Service 11-3-00; published 10-4- comments due by 10-30- H.R. 2641/P.L. 106±317 located at 600 Lincoln Avenue 00 00; published 8-31-00 To make technical corrections in Pasadena, California, as POSTAL SERVICE Airworthiness standards: to title X of the Energy Policy the ``Matthew `Mack' Robinson International Mail Manual: Special conditionsÐ Act of 1992. (Oct. 19, 2000; Post Office Building''. (Oct. 19, 2000; 114 Stat. 1294) Global Express Guaranteed Boeing Model 737-700 114 Stat. 1277) service; name change IGW airplane; H.R. 2778/P.L. 106±318 H.R. 4169/P.L. 106±328 from Priority Mail Global comments due by 10- Taunton River Wild and To designate the facility of the Guaranteed service, etc.; 30-00; published 9-14- Scenic River Study Act of United States Postal Service comments due by 10-30- 00 2000 (Oct. 19, 2000; 114 Stat. located at 2000 Vassar Street 00; published 9-29-00 TRANSPORTATION 1278) in Reno, Nevada, as the ``Barbara F. Vucanovich Post SMALL BUSINESS DEPARTMENT H.R. 2833/P.L. 106±319 Office Building''. (Oct. 19, ADMINISTRATION Federal Motor Carrier Safety Yuma Crossing National Administration 2000; 114 Stat. 1295) HUBZone program: Heritage Area Act of 2000 Motor carrier safety standards: (Oct. 19, 2000; 114 Stat. H.R. 4226/P.L. 106±329 Administrative and Drivers' hours of serviceÐ 1280) Black Hills National Forest operational improvements; Fatigue prevention; driver and Rocky Mountain Research comments due by 11-2- H.R. 2938/P.L. 106±320 rest and sleep for safe Station Improvement Act (Oct. 00; published 10-3-00 To designate the facility of the operations; comments United States Postal Service 19, 2000; 114 Stat. 1296) STATE DEPARTMENT due by 10-30-00; located at 424 South Michigan H.R. 4285/P.L. 106±330 Visas; nonimmigrant published 6-19-00 Street in South Bend, Indiana, Texas National Forests documentation: TREASURY DEPARTMENT as the ``John Brademas Post Improvement Act of 2000 Labor Department Internal Revenue Service Office''. (Oct. 19, 2000; 114 (Oct. 19, 2000; 114 Stat. designation to approve Income taxes: Stat. 1286) 1299) nonimmigrant petitions for Loans from qualified H.R. 3030/P.L. 106±321 H.R. 4286/P.L. 106±331 temporary agricultural employer plan to plan To designate the facility of the Cahaba River National Wildlife workers in lieu of participants or United States Postal Service Refuge Establishment Act Immigration and beneficiaries; comments located at 757 Warren Road (Oct. 19, 2000; 114 Stat. Naturalization Service; due by 10-30-00; in Ithaca, New York, as the 1303) comments due by 10-30- published 7-31-00 ``Matthew F. McHugh Post 00; published 8-29-00 H.R. 4435/P.L. 106±332 Office''. (Oct. 19, 2000; 114 To clarify certain boundaries TRANSPORTATION LIST OF PUBLIC LAWS Stat. 1287) on the map relating to Unit DEPARTMENT H.R. 3454/P.L. 106±322 NC-01 of the Coastal Barrier Coast Guard This is a continuing list of To designate the United Resources System. (Oct. 19, Ports and waterways safety: public bills from the current States post office located at 2000; 114 Stat. 1306)
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H.R. 4447/P.L. 106±333 located at 24 Tsienneto Road Building''. (Oct. 19, 2000; 114 H.R. 4975/P.L. 106±347 To designate the facility of the in Derry, New Hampshire, as Stat. 1315) To designate the post office United States Postal Service the ``Alan B. Shepard, Jr. Post H.R. 4884/P.L. 106±342 located at 919 West 34th Office Building''. (Oct. 19, and courthouse located at 2 To redesignate the facility of Federal Square, Newark, New Street in Baltimore, Maryland, 2000; 114 Stat. 1311) the United States Postal as the ``Samuel H. Lacy, Sr. Jersey, as the ``Frank R. H.R. 4534/P.L. 106±338 Service located at 200 West Lautenberg Post Office and Post Office Building''. (Oct. 19, To redesignate the facility of 2nd Street in Royal Oak, 2000; 114 Stat. 1307) Courthouse''. (Oct. 23, 2000; the United States Postal Michigan, as the ``William S. 114 Stat. 1357) H.R. 4448/P.L. 106±334 Service located at 114 Ridge Broomfield Post Office To designate the facility of the Street, N.W. in Lenoir, North Building''. (Oct. 19, 2000; 114 Last List October 24, 2000 United States Postal Service Carolina, as the ``James T. Stat. 1316) located at 3500 Dolfield Broyhill Post Office Building''. S. 1236/P.L. 106±343 Avenue in Baltimore, (Oct. 19, 2000; 114 Stat. To extend the deadline under Maryland, as the ``Judge 1312) the Federal Power Act for Robert Bernard Watts, Sr. Public Laws Electronic H.R. 4554/P.L. 106±339 commencement of the Post Office Building''. (Oct. 19, Notification Service 2000; 114 Stat. 1308) To redesignate the facility of construction of the Arrowrock (PENS) Dam Hydroelectric Project in H.R. 4449/P.L. 106±335 the United States Postal Service located at 1602 the State of Idaho. (Oct. 19, To designate the facility of the Frankford Avenue in 2000; 114 Stat. 1317) United States Postal Service Philadelphia, Pennsylvania, as PENS is a free electronic mail located at 1908 North H.J. Res. 114/P.L. 106±344 the ``Joseph F. Smith Post notification service of newly Ellamont Street in Baltimore, Making further continuing Office Building''. (Oct. 19, enacted public laws. To Maryland, as the ``Dr. Flossie appropriations for the fiscal 2000; 114 Stat. 1313) year 2001, and for other subscribe, go to www.gsa.gov/ McClain Dedmond Post Office archives/publaws-l.html or Building''. (Oct. 19, 2000; 114 H.R. 4615/P.L. 106±340 purposes. (Oct. 20, 2000; 114 Stat. 1318) send E-mail to Stat. 1309) To redesignate the facility of [email protected] with H.R. 4484/P.L. 106±336 the United States Postal S. 2311/P.L. 106±345 the following text message: To designate the facility of the Service located at 3030 Ryan White CARE Act United States Postal Service Meredith Avenue in Omaha, Amendments of 2000 (Oct. SUBSCRIBE PUBLAWS-L located at 500 North Nebraska, as the ``Reverend 20, 2000; 114 Stat. 1319) Your Name. Washington Street in J.C. Wade Post Office''. (Oct. H.R. 4475/P.L. 106±346 Rockville, Maryland, as the 19, 2000; 114 Stat. 1314) Making appropriations for the Note: This service is strictly ``Everett Alvarez, Jr. Post H.R. 4658/P.L. 106±341 Department of Transportation for E-mail notification of new Office Building''. (Oct. 19, To designate the facility of the and related agencies for the laws. The text of laws is not 2000; 114 Stat. 1310) United States Postal Service fiscal year ending September available through this service. H.R. 4517/P.L. 106±337 located at 301 Green Street in 30, 2001, and for other PENS cannot respond to To designate the facility of the Fayetteville, North Carolina, as purposes. (Oct. 23, 2000; 114 specific inquiries sent to this United States Postal Service the ``J.L. Dawkins Post Office Stat. 1356) address.
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