Tuesday October 12, 1999 / Reader Aids

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The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public Paper or fiche 523–5243 interest. Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 64 FR 12345.

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Contents Federal Register Vol. 64, No. 196

Tuesday, October 12, 1999

Agency for Toxic Substances and Disease Registry Malaysia, 55257 NOTICES Russia, 55257 Meetings: Singapore, 55257–55258 Scientific Counselors Board, 55291 Taiwan, 55258–55259

Agriculture Department Education Department See Food and Nutrition Service NOTICES See Food Safety and Inspection Service Agency information collection activities: See Forest Service Submission for OMB review; comment request, 55259 See Natural Resources Conservation Service Energy Department Census Bureau See Energy Efficiency and Renewable Energy Office NOTICES See Energy Information Administration Agency information collection activities: See Federal Energy Regulatory Commission NOTICES Proposed collection; comment request, 55230–55232 Environmental statements; availability, etc.: Centers for Disease Control and Prevention Yucca Mountain, NV; spent nuclear fuel and high-level radioactive waste disposal; geologic repository; NOTICES hearing, 55260 Agency information collection activities: Grants and cooperative agreements; availability, etc.: Proposed collection; comment request, 55291–55292 University Reactor Instrumentation Program, 55260– Meetings: 55261 Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 55292–55293 Energy Efficiency and Renewable Energy Office Guide to Community Preventive Services Task Force, NOTICES 55293 Grants and cooperative agreements; availability, etc.: Inventions and Innovation Program, 55261 Children and Families Administration National Industrial Competitiveness through Energy, NOTICES Environment, and Economics Program, 55261–55262 Grants and cooperative agreements; availability, etc.: Community Services Office— Energy Information Administration Job Opportunities for Low-Income Individuals Program, NOTICES 55341–55375 Agency information collection activities: Submission for OMB review; comment request, 55262 Coast Guard RULES Environmental Protection Agency Drawbridge operations: RULES Louisiana, 55137–55138 Air programs; approval and promulgation; State plans for Ports and waterways safety: designated facilities and pollutants: Lower Mississippi River, Above Head of Passes, 55138– Authority citation; CFR correction, 55141 55139 Air quality implementation plans; approval and PROPOSED RULES promulgation; various States: Drawbridge operations: Delaware, 55139–55141 California, 55218–55220 Indiana; correction, 55141 NOTICES Hazardous waste program authorizations: Committees; establishment, renewal, termination, etc.: Massachusetts, 55153–55158 Great Lakes Pilotage Advisory Committee; correction, Washington, 55142–55153 55335–55336 Noise abatement programs: Transportation equipment noise emission standards; Commerce Department interstate rail carriers; CFR correction, 55141–55142 See Census Bureau PROPOSED RULES See Foreign-Trade Zones Board Air quality implementation plans; approval and See International Trade Administration promulgation; various States: See National Oceanic and Atmospheric Administration California, 55220–55222 Delaware, 55220 Commission of Fine Arts Hazardous waste program authorizations: NOTICES Washington, 55222–55223 Meetings, 55256 NOTICES Air programs: Committee for the Implementation of Textile Agreements Ambient air monitoring reference and equivalent NOTICES methods— Cotton, wool, and man-made textiles: DKK Corp. Model GFS-112E SO2 air monitoring Dominican Republic, 55256 method, etc., 55283

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Executive Office of the President Federal Energy Regulatory Commission See Presidential Documents NOTICES Electric rate and corporate regulation filings: Federal Aviation Administration Odessa-Ector Power Partners, L.P., et al., 55274–55280 RULES Hydroelectric applications, 55280–55281 Class E airspace, 55131–55132 Meetings; Sunshine Act, 55281–55283 Standard instrument approach procedures, 55133–55137 Applications, hearings, determinations, etc.: PROPOSED RULES CNG Transmission Corp., 55262–55263 Airworthiness directives: Colorado Interstate Gas Co., 55263–55264 AeroSpace Technologies of Australia Pty Ltd., 55208– Columbia Gas Transmission Corp., 55264–55265 55211 Dauphin Island Gathering Partners, 55265 Allison Engine Co., 55196–55197 Eastern Shore Natural Gas Co., 55266 Bombardier, 55201–55204 East Tennessee Natural Gas Co., 55265 Cessna, 55181–55188 Florida Gas Transmission Co., 55266–55267 Fairchild, 55177–55181 Garden Banks Gas Pipeline, LLC, 55267 New Piper Aircraft, Inc., 55204–55208 Iroquois Gas Transmission System, L.P., 55267–55268 Pratt & Whitney, 55195–55196 MidAmerican Energy Co., 55268 Raytheon, 55188–55191 Mississippi River Transmission Corp., 55268–55269 Short Brothers & Harland Ltd., 55197–55201 National Fuel Gas Supply Corp., 55269 SOCATA-Groupe Aerospatiale, 55211–55215 Northern Natural Gas Co., 55269–55270 Twin Commander Aircraft Corp., 55191–55195 Overthrust Pipeline Co., 55270 NOTICES Panhandle Eastern Pipe Line Co., 55270–55271 Exemption petitions; summary and disposition, 55336 PG&E Gas Transmission, Northwest Corp., 55271 Meetings: Reliant Energy Gas Transmission Co., 55271 Aviation Rulemaking Advisory Committee, 55336–55337 Southern Natural Gas Co., 55271–55272 Southwest Gas Storage Co., 55272 Federal Communications Commission Texas Eastern Transmission Corp., 55272–55273 RULES Transwestern Pipeline Co., 55273 Common carrier services: Trunkline Gas Co., 55273–55274 Communications Assistance for Law Enforcement Act; Williston Basin Interstate Pipeline Co., 55274 implementation, 55164–55172 Truth-in-billing and billing format; common sense Federal Housing Finance Board principles RULES Effective and compliance dates, 55163–55164 Federal home loan bank system: Freedom of Information Act; implementation: Consolidated obligations; joint and several liability Confidential information treatment; current policy allocation, 55125–55131 examination, 55161–55163 Radio stations; table of assignments: Federal Reserve System Illinois, 55172 NOTICES Nebraska, 55173–55174 Agency information collection activities: New Mexico, 55173–55175 Reporting and recordkeeping requirements, 55289–55290 PROPOSED RULES Banks and bank holding companies: Radio stations; table of assignments: Change in bank control, 55290 New York, 55223–55224 Formations, acquisitions, and mergers, 55290–55291 Texas, 55223 NOTICES Financial Management Service Agency information collection activities: See Fiscal Service Proposed collection; comment request, 55283–55287 Number conservation measures; implementation petitions: Fine Arts Commission Ohio, 55287–55288 See Commission of Fine Arts Fiscal Service Federal Election Commission NOTICES RULES Agency information collection activities: Contribution and expenditure limitations and prohibitions: Proposed collection; comment request, 55338–55339 Limited liability companies; treatment; transmittal to Congress Fish and Wildlife Service Effective date, 55125 NOTICES Endangered and threatened species permit applications, Federal Emergency Management Agency 55304–55305 RULES Disaster assistance: Food and Drug Administration Public assistance program administration; redesign, NOTICES 55158–55161 Reports and guidance documents; availability, etc.: NOTICES Veterinary Medicinal Products, International Cooperation Disaster and emergency areas: on Harmonisation of Technical Requirements for North Carolina, 55288–55289 Registration— Pennsylvania, 55289 Impurities; residual solvents, 55296–55297

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Quality of biotechnical products in veterinary field; Internal Revenue Service stability testing of biotechnological/biological RULES products, 55294–55295 Income taxes: Stability testing of new veterinary drug substances and Return of information as to payments to employees; CFR medicinal products, etc., 55293–55294 correction, 55137 NOTICES Food and Nutrition Service Agency information collection activities: NOTICES Proposed collection; comment request, 55339–55340 Agency information collection activities: Proposed collection; comment request, 55225 International Trade Administration NOTICES Antidumping: Food Safety and Inspection Service Carbon steel wire rod from— NOTICES Argentina, 55234 Meetings: Chrome-plated lug nuts from— Meat and Poultry Inspection National Advisory Taiwan, 55234–55236 Committee, 55225–55226 Freshwater crawfish tail meat from— China, 55236–55243 Foreign-Trade Zones Board Large newspaper printing presses and components, NOTICES assembled or unassembled, from— Applications, hearings, determinations, etc.: Japan, 55243–55248 Illinois Polyester staple fiber from— E.I. du Pont de Nemours & Co., Inc.; crop protection Korea and Taiwan, 55248–55249 products manufacturing facilities, 55232 Silicon metal from— Maryland Argentina, 55249–55251 Northrop Grumman Corp.; electronic sensoring, Static random access memory semiconductors from— processing, and communications technologies Taiwan, 55251–55254 manufacturing facilities, 55232–55233 Antidumping and countervailing duties: Puerto Rico Five-year (sunset) reviews— E.I. du Pont de Nemours & Co., Inc.; crop protection Final results and revocations, 55233 products manufacturing facilities, 55233 Justice Department Forest Service See Juvenile Justice and Delinquency Prevention Office NOTICES Environmental statements; notice of intent: Juvenile Justice and Delinquency Prevention Office Clearwater National Forest, ID, 55226–55228 NOTICES Rogue River National Forest, OR, 55228–55229 Meetings: Meetings: Juvenile Justice and Delinquency Prevention California Coast Provincial Advisory Committee, 55229– Coordinating Council, 55309–55310 55230 Labor Department See Occupational Safety and Health Administration Health and Human Services Department See Agency for Toxic Substances and Disease Registry Land Management Bureau See Centers for Disease Control and Prevention See Children and Families Administration NOTICES See Food and Drug Administration Public land orders: See National Institutes of Health Arizona, 55305–55306 See Substance Abuse and Mental Health Services Realty actions; sales, leases, etc.: Administration Arizona, 55306 Nevada, 55306–55307 Utah, 55307 Housing and Urban Development Department Survey plat filings: NOTICES Oregon and Washington, 55307–55308 Agency information collection activities: Proposed collection; comment request, 55302 National Credit Union Administration Grant and cooperative agreement awards: NOTICES Brownfields Economic Development Initiative Program, Meetings; Sunshine Act, 55310 55302–55303 Organization, functions, and authority delegations: National Institutes of Health Civil rights front-end reviews of HUD programs; notice of NOTICES change of responsibility, 55304 Meetings: Regulatory waiver requests; quarterly listing, 55378–55387 National Cancer Institute, 55297 National Institute of Child Health and Human Interior Department Development, 55297–55298 See Fish and Wildlife Service National Institute of Dental and Craniofacial Research, See Land Management Bureau 55298 See National Park Service Scientific Review Center, 55298–55301

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National Oceanic and Atmospheric Administration See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Meetings: See National Institutes of Health Atlantic States Marine Fisheries Commission; coastal See Substance Abuse and Mental Health Services fisheries management plans, 55254 Administration Gulf of Mexico Fishery Management Council, 55254– 55255 Securities and Exchange Commission Permits: NOTICES Marine mammals, 55255–55256 Agency information collection activities: Proposed collection; comment request, 55315–55316 National Park Service Meetings; Sunshine Act, 55323–55324 NOTICES Self-regulatory organizations; proposed rule changes: Boundary establishment, descriptions, etc.: Chicago Stock Exchange, Inc., 55324–55326 Fire Island National Seashore, NY, 55308 Municipal Securities Rulemaking Board, 55326–55334 Meetings: Applications, hearings, determinations, etc.: Tallgrass Prairie National Preserve Advisory Committee, Ameritas Variable Life Insurance Corp. et al., 55316– 55308 55323 National Register of Historic Places: Pending nominations, 55308–55309 Small Business Administration Reports and guidance documents; availability, etc.: NOTICES Director’s Orders 53; special park uses; guidance for Agency information collection activities: managers, 55309 Submission for OMB review; comment request, 55334

National Science Foundation Social Security Administration NOTICES PROPOSED RULES Antarctic Conservation Act of 1978; permit applications, Organization and procedures: etc., 55310 Social security numbers; assignment for nonwork purposes, 55217–55218 National Transportation Safety Board Social security benefits: NOTICES Federal old age, survivors, and disability insurance— Meetings; Sunshine Act, 55310 Down syndrome in adults; medical criteria for Natural Resources Conservation Service determining disability, 55215–55217 NOTICES NOTICES Agency information collection activities: Field office technical guides; changes: Submission for OMB review; comment request, 55335 Hawaii, 55230 Nuclear Regulatory Commission Substance Abuse and Mental Health Services Administration PROPOSED RULES Domestic licensing proceedings and issuance of orders; NOTICES practice rules: Reports and guidance documents; availability, etc.: Hearing process; potential changes; public meeting, Substance Abuse Treatment Center; Changing the 55176–55177 Conversation, National Plan to Improve Substance NOTICES Abuse Treatment; comment request, 55301–55302 Environmental statements; availability, etc.: Textile Agreements Implementation Committee Consumers Energy Co., 55313–55314 Southern Nuclear Operating Co., Inc., et al., 55314–55315 See Committee for the Implementation of Textile Regulatory guides; issuance, availability, and withdrawal, Agreements 55315 Toxic Substances and Disease Registry Agency Applications, hearings, determinations, etc.: See Agency for Toxic Substances and Disease Registry FirstEnergy Nuclear Operating Co. et al., 55310–55311 Southern California Edison Co., 55311–55313 Transportation Department Occupational Safety and Health Administration See Coast Guard NOTICES See Federal Aviation Administration Reports and guidance documents; availability, etc.: Treasury Department Safe and healthful working conditions; voluntary See Fiscal Service protection programs; revisions, 55389–55403 See Internal Revenue Service Presidential Documents NOTICES EXECUTIVE ORDERS Agency information collection activities: Courts-Martial Manual, United States, 1984; amendments Proposed collection; comment request, 55337–55338 (EO 13140), 55115–55123 Public Debt Bureau Separate Parts In This Issue See Fiscal Service Part II Public Health Service Department of Health and Human Services, Children and See Agency for Toxic Substances and Disease Registry Families Administration, 55341–55375

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Part III Reader Aids Department of Housing and Urban Development, 55377– Consult the Reader Aids section at the end of this issue for 55387 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Part IV Department of Labor, Occupational Safety and Health Administration, 55389–55403

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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.

3CFR Proposed Rules: Executive Orders 73 (2 documents) ...... 55222, 12473 (Amended by 55223 EO 13140)...... 55115 12478 (see EO 13140) ...... 55115 12550 (see EO 13140) ...... 55115 12586 (see EO 13140) ...... 55115 12708 (see EO 13140) ...... 55115 12767 (see EO 13140) ...... 55115 12888 (see EO 13140) ...... 55115 12936 (see EO 13140) ...... 55115 12960 (see EO 13140) ...... 55115 13086 (see EO 13140) ...... 55115 13140...... 55115 10 CFR Proposed Rules: 2...... 55176 11 CFR 110...... 55125 12 CFR 910...... 55125 14 CFR 71...... 55131 97 (3 documents) ...... 55132, 55133, 55135 Proposed Rules: 39 (12 documents) ...... 55177, 55181, 55184, 55188, 55191, 55195, 55196, 55197, 55200, 55204, 55207, 55211 20 CFR Proposed Rules: 404...... 55214 422...... 55216 26 CFR 1...... 55137 33 CFR 117...... 55137 165...... 55138 Proposed Rules: 117...... 55217 40 CFR 52 (2 documents) ...... 55139, 55141 62...... 55141 201...... 55141 271 (2 documents) ...... 55142, 55153 Proposed Rules: 52 (2 documents) ...... 55219, 55220 271...... 55222 44 CFR 206...... 55158 47 CFR 0...... 55161 64 (2 documents) ...... 55163, 55164 73 (7 documents) ...... 55172, 55173, 55174

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Federal Register Presidential Documents Vol. 64, No. 196

Tuesday, October 12, 1999

Title 3— Executive Order 13140 of October 6, 1999

The President 1999 Amendments to the Manual for Courts-Martial, United States

By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946), in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473, as amended by Executive Order 12484, Executive Order 12550, Executive Order 12586, Executive Order 12708, Executive Order 12767, Executive Order 12888, Executive Order 12936, Executive Order 12960, and Executive Order 13086, it is hereby ordered as follows: Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: a. R.C.M. 502(c) is amended to read as follows: ‘‘(c) Qualifications of military judge. A military judge shall be a com- missioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is a member. In addition, the military judge of a general court- martial shall be designated for such duties by the Judge Advocate General or the Judge Advocate General’s designee, certified to be qualified for duty as a military judge of a general court-martial, and assigned and directly responsible to the Judge Advocate General or the Judge Advocate General’s designee. The Secretary concerned may prescribe additional qualifications for military judges in special courts- martial. As used in this subsection ‘‘military judge’’ does not include the president of a special court-martial without a military judge.’’ b. R.C.M. 804 is amended by redesignating the current subsection (c) as subsection (d) and inserting after subsection (b) the following new subsection (c): ‘‘(c) Voluntary absence for limited purpose of child testimony. (1) Election by accused. Following a determination by the military judge that remote live testimony of a child is appropriate pursuant to Mil. R. Evid. 611(d)(3), the accused may elect to voluntarily absent himself from the courtroom in order to preclude the use of procedures described in R.C.M. 914A. (2) Procedure. The accused’s absence will be conditional upon his being able to view the witness’ testimony from a remote location. Nor- mally, a two-way closed circuit television system will be used to transmit the child’s testimony from the courtroom to the accused’s location. A one-way closed circuit television system may be used if deemed necessary by the military judge. The accused will also be provided private, contemporaneous communication with his counsel. The procedures described herein shall be employed unless the accused has made a knowing and affirmative waiver of these procedures. (3) Effect on accused’s rights generally. An election by the accused to be absent pursuant to subsection (c)(1) shall not otherwise affect the accused’s right to be present at the remainder of the trial in accordance with this rule.’’

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c. The following new rule is inserted after R.C.M. 914: ‘‘Rule 914A. Use of remote live testimony of a child (a) General procedures. A child shall be allowed to testify out of the presence of the accused after the military judge has determined that the requirements of Mil. R. Evid. 611(d)(3) have been satisfied. The procedure used to take such testimony will be determined by the military judge based upon the exigencies of the situation. However, such testimony should normally be taken via a two-way closed circuit television system. At a minimum, the following procedures shall be observed: (1) The witness shall testify from a remote location outside the courtroom; (2) Attendance at the remote location shall be limited to the child, counsel for each side (not including an accused pro se), equipment operators, and other persons, such as an attendant for the child, whose presence is deemed necessary by the military judge; (3) Sufficient monitors shall be placed in the courtroom to allow viewing and hearing of the testimony by the military judge, the accused, the members, the court reporter and the public; (4) The voice of the military judge shall be transmitted into the remote location to allow control of the proceedings; and (5) The accused shall be permitted private, contemporaneous communication with his counsel. (b) Prohibitions. The procedures described above shall not be used where the accused elects to absent himself from the courtroom pursuant to R.C.M. 804(c).’’ d. R.C.M. 1001(b)(4) is amended by inserting the following sentences between the first and second sentences: ‘‘Evidence in aggravation includes, but is not limited to, evidence of financial, social, psychological, and medical impact on or cost to any person or entity who was the victim of an offense committed by the accused and evidence of significant adverse impact on the mission, discipline, or efficiency of the command directly and immediately resulting from the accused’s offense. In addition, evidence in aggravation may 3 include evidence that the accused intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.’’ e. R.C.M. 1003(b) is amended— (1) by striking subsection (4) and (2) by redesignating subsections (5), (6), (7), (8), (9), (10), and (11) as subsections (4), (5), (6), (7), (8), (9), and (10), respectively. f. R.C.M. 1004(c)(7) is amended by adding at end the following new subsection: ‘‘(K) The victim of the murder was under 15 years of age.’’ Sec. 2. Part III of the Manual for Courts-Martial, United States, is amended as follows: a. Insert the following new rule after Mil. R. Evid. 512: ‘‘Rule 513. Psychotherapist-patient privilege (a) General rule of privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made between the patient and a psychotherapist or an assistant to the psychotherapist, in a case arising under the UCMJ, if such communication was made for the purpose of facilitating diagnosis or treatment of the patient’s mental or emotional condition. (b) Definitions. As used in this rule of evidence:

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(1) A ‘‘patient’’ is a person who consults with or is examined or interviewed by a psychotherapist for purposes of advice, diagnosis, or treatment of a mental or emotional condition. (2) A ‘‘psychotherapist’’ is a psychiatrist, clinical psychologist, or clinical social worker who is licensed in any state, territory, possession, the District of Columbia or Puerto Rico to perform professional services as such, or who holds credentials to provide such services from any military health care facility, or is a person reasonably believed by the patient to have such license or credentials. (3) An ‘‘assistant to a psychotherapist’’ is a person directed by or assigned to assist a psychotherapist in providing professional services, or is reasonably believed by the patient to be such. (4) A communication is ‘‘confidential’’ if not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the rendition of professional services to the patient or those reasonably necessary for such transmission of the communication. (5) ‘‘Evidence of a patient’s records or communications’’ is testimony of a psychotherapist, or assistant to the same, or patient records that pertain to communications by a patient to a psychotherapist, or assistant to the same for the purposes of diagnosis or treatment of the patient’s mental or emotional condition. (c) Who may claim the privilege. The privilege may be claimed by the patient or the guardian or conservator of the patient. A person who may claim the privilege may authorize trial counsel or defense counsel to claim the privilege on his or her behalf. The psychotherapist or assistant to the psychotherapist who received the communication may claim the privilege on behalf of the patient. The authority of such a psychotherapist, assistant, guardian, or conservator to so assert the privilege is presumed in the absence of evidence to the contrary. (d) Exceptions. There is no privilege under this rule: (1) when the patient is dead; (2) when the communication is evidence of spouse abuse, child abuse, or neglect or in a proceeding in which one spouse is charged with a crime against the person of the other spouse or a child of either spouse; (3) when federal law, state law, or service regulation imposes a duty to report information contained in a communication; (4) when a psychotherapist or assistant to a psychotherapist believes that a patient’s mental or emotional condition makes the patient a danger to any person, including the patient; (5) if the communication clearly contemplated the future commission of a fraud or crime or if the services of the psychotherapist are sought or obtained to enable or aid anyone to commit or plan to commit what the patient knew or reasonably should have known to be a crime or fraud; (6) when necessary to ensure the safety and security of military personnel, military dependents, military property, classified information, or the accomplishment of a military mission; (7) when an accused offers statements or other evidence concerning his mental condition in defense, extenuation, or mitigation, under circumstances not covered by R.C.M. 706 or Mil. R. Evid. 302. In such situations, the military judge may, upon motion, order disclosure of any statement made by the accused to a psychotherapist as may be necessary in the interests of justice; or (8) when admission or disclosure of a communication is constitutionally required. (e) Procedure to determine admissibility of patient records or communications. (1) In any case in which the production or admission of records or communications of a patient other than the accused is a matter in dis-

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pute, a party may seek an interlocutory ruling by the military judge. In order to obtain such a ruling, the party shall: (A) file a written motion at least 5 days prior to entry of pleas specifically describing the evidence and stating the purpose for which it is sought or offered, or objected to, unless the military judge, for good cause shown, requires a different time for filing or permits filing during trial; and (B) serve the motion on the opposing party, the military judge and, if practical, notify the patient or the patient’s guardian, conservator, or representative that the motion has been filed and that the patient has an opportunity to be heard as set forth in subparagraph (e)(2). (2) Before ordering the production or admission of evidence of a patient’s records or communication, the military judge shall conduct a hearing. Upon the motion of counsel for either party and upon good cause shown, the military judge may order the hearing closed. At the hearing, the parties may call witnesses, including the patient, and offer other relevant evidence. The patient shall be afforded a reasonable opportunity to attend the hearing and be heard at the patient’s own expense unless the patient has been otherwise subpoenaed or ordered to appear at the hearing. However, the proceedings shall not be unduly delayed for this purpose. In a case before a court-martial composed of a military judge and members, the military judge shall conduct the hearing outside the presence of the members. (3) The military judge shall examine the evidence or a proffer thereof in camera, if such examination is necessary to rule on the motion. (4) To prevent unnecessary disclosure of evidence of a patient’s records or communications, the military judge may issue protective orders or may admit only portions of the evidence. (5) The motion, related papers, and the record of the hearing shall be sealed and shall remain under seal unless the military judge or an appellate court orders otherwise.’’ b. Mil. R. Evid. 611 is amended by inserting the following new subsection at the end: (d) Remote live testimony of a child. (1) In a case involving abuse of a child or domestic violence, the military judge shall, subject to the requirements of subsection (3) of this rule, allow a child victim or witness to testify from an area outside the courtroom as prescribed in R.C.M. 914A. (2) The term ‘‘child’’ means a person who is under the age of 16 at the time of his or her testimony. The term ‘‘abuse of a child’’ means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child. The term ‘‘exploitation’’ means child por- nography or child prostitution. The term ‘‘negligent treatment’’ means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to endanger seriously the physical health of the child. The term ‘‘domestic violence’’ means an offense that has as an element the use, attempted use, or threatened use of physical force against a person and is committed by a current or former spouse, parent, or guardian of the victim; by a person with whom the victim shares a child in common; by a person who is co- habiting with or has cohabited with the victim as a spouse, parent, or guardian; or by a person similarly situated to a spouse, parent, or guardian of the victim. (3) Remote live testimony will be used only where the military judge makes a finding on the record that a child is unable to testify in open court in the presence of the accused, for any of the following reasons: (A) The child is unable to testify because of fear; (B) There is substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying; (C) The child suffers from a mental or other infirmity; or

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(D) Conduct by an accused or defense counsel causes the child to be unable to continue testifying. (4) Remote live testimony of a child shall not be utilized where the accused elects to absent himself from the courtroom in accordance with R.C.M. 804(c).’’ Sec. 3. Part IV of the Manual for Courts-Martial, United States, is amended as follows: a. Insert the following new paragraph after paragraph 100: 100a. Article 134—(Reckless endangerment) a. Text. See paragraph 60. b. Elements. (1) That the accused did engage in conduct; (2) That the conduct was wrongful and reckless or wanton; (3) That the conduct was likely to produce death or grievous bodily harm to another person; and (4) That under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. c. Explanation. (1) In general. This offense is intended to prohibit and therefore deter reckless or wanton conduct that wrongfully creates a substantial risk of death or serious injury to others. (2) Wrongfulness. Conduct is wrongful when it is without legal justification or excuse. (3) Recklessness. ‘‘Reckless’’ conduct is conduct that exhibits a cul- pable disregard of foreseeable consequences to others from the act or omission involved. The accused need not intentionally cause a resulting harm or know that his conduct is substantially certain to cause that result. The ultimate question is whether, under all the circumstances, the accused’s conduct was of that heedless nature that made it actually or imminently dangerous to the rights or safety of others. (4) Wantonness. ‘‘Wanton’’ includes ‘‘reckless,’’ but may connote willfulness, or a disregard of probable consequences, and thus describe a more aggravated offense. (5) Likely to produce. When the natural or probable consequence of particular conduct would be death or grievous bodily harm, it may be inferred that the conduct is ‘‘likely’’ to produce that result. See paragraph 54c(4)(a)(ii). (6) Grievous bodily harm. ‘‘Grievous bodily harm’’ means serious bodily injury. It does not include minor injuries, such as a black eye or a bloody nose, but does include fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other serious bodily injuries. (7) Death or injury not required. It is not necessary that death or grievous bodily harm be actually inflicted to prove reckless endangerment. d. Lesser included offenses. None. e. Maximum punishment. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year. f. Sample specification. In that lllllllllll (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about llllllllllll 19ll, wrongfully and recklessly engage in conduct, to wit: (he/she)(describe conduct) and that the accused’s conduct was likely to cause death or serious bodily harm to lllllllll.’’ Sec. 4. These amendments shall take effect on 1 November 1999, subject to the following:

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a. The amendments made to Military Rule of Evidence 611, shall apply only in cases in which arraignment has been completed on or after 1 Novem- ber 1999. b. Military Rule of Evidence 513 shall only apply to communications made after 1 November 1999. c. The amendments made to Rules for Courts-Martial 502, 804, and 914A shall only apply in cases in which arraignment has been completed on or after 1 November 1999. d. The amendments made to Rules for Courts-Martial 1001(b)(4) and 1004(c)(7) shall only apply to offenses committed after 1 November 1999. e. Nothing in these amendments shall be construed to make punishable any act done or omitted prior to 1 November 1999, which was not punishable when done or omitted. f. The maximum punishment for an offense committed prior to 1 November 1999, shall not exceed the applicable maximum in effect at the time of the commission of such offense. g. Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to 1 November 1999, and any such nonjudicial punishment, restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed. œ–

THE WHITE HOUSE, October 6, 1999.

Changes to the Analysis Accompanying the Manual for Courts-Martial, United States.

1. Changes to Appendix 21, the Analysis accompanying the Rules for Courts- Martial, United States (Part II, MCM). a. R.C.M. 502(c). The analysis accompanying R.C.M. 502(c) is amended by inserting the following at the end thereof: ‘‘1999 Amendment: R.C.M. 502(c) was amended to delete the requirement that military judges be ‘‘on active duty’’ to enable Reserve Component judges to conduct trials during periods of inactive duty for training (IDT) and inactive duty training travel (IATT). The active duty requirement does not appear in Article 26, UCMJ which prescribes the qualifications for military judges. It appears to be a vestigial requirement from paragraph 4e of the 1951 and 1969 MCM. Neither the current MCM nor its prede- cessors provide an explanation for this additional requirement. It was deleted to enhance efficiency in the military justice system.’’ b. R.C.M. 804(c). The analysis accompanying R.C.M. 804 is amended by redesignating the current subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection (c): ‘‘(c) Voluntary absence for limited purpose of child testimony. 1999 Amendment: The amendment provides for two-way closed circuit television to transmit a child’s testimony from the courtroom to the accused’s location. The use of two-way closed circuit television, to some degree, may defeat the purpose of these alternative procedures, which is to avoid trauma to children. In such cases, the judge has discretion

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to direct one-way television communication. The use of one-way closed circuit television was approved by the Supreme Court in Maryland v. Craig, 497 U.S. 836 (1990). This amendment also gives the accused the election to absent himself from the courtroom to prevent remote testimony. Such a provision gives the accused a greater role in determining how this issue will be resolved.’’ c. R.C.M. 914A. Insert the following analysis after the analysis to R.C.M. 914: ‘‘1999 Amendment: This rule allows the military judge to determine what procedure to use when taking testimony under Mil. R. Evid. 611(d)(3). It states that normally such testimony should be taken via a two-way closed circuit television system. The rule further prescribes the procedures to be used if a television system is employed. The use of two-way closed circuit television, to some degree, may defeat the purpose of these alternative procedures, which is to avoid trauma to children. In such cases, the judge has discretion to direct one-way television communication. The use of one-way closed circuit television was approved by the Supreme Court in Maryland v. Craig, 497 U.S. 836 (1990). This amendment also gives the accused an election to absent himself from the courtroom to prevent remote testimony. Such a provision gives the accused a greater role in determining how this issue will be resolved.’’ d. R.C.M. 1001(b)(4). The analysis to R.C.M. 1001(b)(4) is amended by inserting the following paragraph before the analysis of R.C.M. 1001(b)(5): ‘‘1999 Amendment: R.C.M. 1001(b)(4) was amended by elevating to the Rule language that heretofore appeared in the Discussion to the Rule. The Rule was further amended to recognize that evidence that the offense was a ‘‘hate crime’’ may also be presented to the sentencing authority. The additional ‘‘hate crime’’ language was derived in part from section 3A1.1 of the Federal Sentencing Guidelines, in which hate crime motivation results in an upward adjustment in the level of the offense for which the defendant is sentenced. Courts-martial sentences are not awarded upon the basis of guidelines, such as the Federal Sentencing Guidelines, but rather upon broad considerations of the needs of the service and the accused and on the premise that each sentence is individually tailored to the offender and offense. The upward adjustment used in the Federal Sentencing Guidelines does not directly translate to the court-martial presentencing procedure. Therefore, in order to adapt this concept to the court-martial process, this amendment was made to recognize that ‘‘hate crime’’ motivation is admissible in the court-martial presentencing procedure. This amendment also differs from the Federal Sentencing Guide- line in that the amendment does not specify the burden of proof required regarding evidence of ‘‘hate crime’’ motivation. No burden of proof is customarily specified regarding aggravating evidence admitted in the presentencing procedure, with the notable exception of aggravating factors under R.C.M. 1004 in capital cases.’’ e. R.C.M. 1003(b). The analysis accompanying R.C.M. 1003 is amended by adding the following as the last paragraph of the analysis: ‘‘1999 Amendment: Loss of numbers, lineal position, or seniority has been deleted. Although loss of numbers had the effect of lowering prece- dence for some purposes, e.g., quarters priority, board and court seniority, and actual date of promotion, loss of numbers did not affect the officer’s original position for purposes of consideration for retention or promotion. Accordingly, this punishment was deleted because of its negligible consequences and the misconception that it was a meaningful punishment.’’ f. R.C.M. 1004. The analysis to R.C.M. 1004(c)(7) is amended by adding the following as the last paragraph of the analysis: ‘‘1999 Amendment: R.C.M. 1004(c)(7)(K) was added to afford greater protection to victims who are especially vulnerable due to their age.’’

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2. Changes to Appendix 22, the Analysis accompanying the Military Rules of Evidence (Part III, MCM). a. Mil. R. Evid. 501. The analysis to Mil. R. Evid. 501 is amended— (1) by striking: ‘‘The privilege expressed in Rule 302 and its conforming Manual change in Para. 121, is not a doctor-patient privilege and is not affected by Rule 501(d).’’ (2) by adding at the end: ‘‘1999 Amendment: The privileges expressed in Rule 513 and Rule 302 and the conforming Manual change in R.C.M. 706, are not physician- patient privileges and are not affected by Rule 501(d).’’ b. Mil. R. Evid. 513. Insert the following analysis after the analysis of Mil. R. Evid. 512: ‘‘1999 Amendment: Military Rule of Evidence 513 establishes a psychotherapist-patient privilege for investigations or proceedings authorized under the Uniform Code of Military Justice. Rule 513 clarifies military law in light of the Supreme Court decision in Jaffee v. Redmond, 518 U.S. 1, 116 S. Ct. 1923, 135 L.Ed.2d 337 (1996). Jaffee interpreted Federal Rule of Evidence 501 to create a federal psychotherapist-patient privilege in civil proceedings and refers federal courts to state laws to determine the extent of privileges. In deciding to adopt this privilege for courts- martial, the committee balanced the policy of following federal law and rules, when practicable and not inconsistent with the UCMJ or MCM, with the needs of commanders for knowledge of certain types of information affecting the military. The exceptions to the rule have been developed to address the specialized society of the military and separate concerns that must be met to ensure military readiness and national security. See Parker v. Levy, 417 U.S. 733, 743 (1974); U.S. ex rel. Toth v. Quarles, 350 U.S. 11, 17 (1955); Dept. of the Navy v. Egan, 484 U.S. 518, 530 (1988). There is no intent to apply Rule 513 in any proceeding other than those authorized under the UCMJ. Rule 513 was based in part on proposed Fed. R. Evid. (not adopted) 504 and state rules of evidence. Rule 513 is not a physician-patient privilege. It is a separate rule based on the social benefit of confidential counseling recognized by Jaffee, and similar to the clergy-penitent privilege. In keeping with American military law since its inception, there is still no physician-patient privilege for members of the Armed Forces. See the analyses for Rule 302 and Rule 501. (a) General rule of privilege. The words ‘‘under the UCMJ’’ in this rule mean Rule 513 applies only to UCMJ proceedings, and do not limit the availability of such information internally to the services, for appropriate purposes. (d) Exceptions. These exceptions are intended to emphasize that military commanders are to have access to all information that is necessary for the safety and security of military personnel, operations, installations, and equipment. Therefore, psychotherapists are to provide such information despite a claim of privilege.’’ c. Mil. R. Evid. 611. The analysis accompanying Rule 611 is amended by adding at the end of the analysis the following: ‘‘1999 Amendment: Rule 611(d) is new. This amendment to Rule 611 gives substantive guidance to military judges regarding the use of alternative examination methods for child victims and witnesses in light of the U.S. Supreme Court’s decision in Maryland v. Craig, 497 U.S. 836 (1990) and the change in Federal law in 18 U.S.C. section 3509. Although Maryland v. Craig dealt with child witnesses who were themselves the victims of abuse, it should be noted that 18 U.S.C. section 3509, as construed by Federal courts, has been applied to allow non-victim child

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witnesses to testify remotely. See, e.g., United States v. Moses, 137 F.3d 894 (6th Cir. 1998) (applying section 3509 to a non-victim child witness, but reversing a child sexual assault conviction on other grounds) and United States v. Quintero, 21 F.3d 885 (9th Cir. 1994) (affirming conviction based on remote testimony of non-victim child witness, but remanding for re-sentencing). This amendment recognizes that child witnesses may be particularly traumatized, even if they are not themselves the direct victims, in cases involving the abuse of other children or domestic violence. This amendment also gives the accused an election to absent himself from the courtroom to prevent remote testimony. Such a provision gives the accused a greater role in determining how this issue will be resolved.’’ 3. Changes to Appendix 23, the Analysis accompanying the Punitive Articles (Part IV, MCM). The following paragraph is inserted after the analysis of paragraph 100: ‘‘100a. Article 134—(Reckless endangerment) c. Explanation. This paragraph is new and is based on United States v. Woods, 28 M.J. 318 (C.M.A. 1989); see also Md. Ann. Code art. 27, sect. 120. The definitions of ‘‘reckless’’ and ‘‘wanton’’ have been taken from Article 111 (drunken or reckless driving). The definition of ‘‘likely to produce grievous bodily harm’’ has been taken from Article 128 (assault).’’

Changes to Forms of Sentences of the Manual for Courts-Martial, United States

a. Paragraph b of Appendix 11, Forms of Sentences, is amended— (1) by striking the catch phrase ‘‘Loss of Numbers, Etc.’’ (2) by striking subparagraph 6; (3) by striking subparagraph 7; (5) by striking the last sentence from the Note at the end of Paragraph b. b. Paragraph b of Appendix 11, Forms of Sentences, is amended by redesignating paragraphs 8, 9, 10, 11, 12, 13, 14, 15, and 16 as paragraphs 6, 7, 8, 9, 10, 11, 12, 13, and 14 respectively.

Changes to the Maximum Punishment Chart of the Manual for Courts- Martial, United States

Appendix 12, the Maximum Punishment Chart, is amended by adding after Art. 134 (Quarantine, breaking) the following: ‘‘Reckless endangerment . . . . BCD 1 yr. Total’’

Changes to the Discussion Accompanying the Manual for Courts-Martial, United States

a. The Discussion following R.C.M. 1001(b)(4) is amended by striking the first paragraph. b. The Discussion to R.C.M. 1003(b) is amended by striking subparagraph (4).

[FR Doc. 99–26670 Filed 10–8–99; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 64, No. 196

Tuesday, October 12, 1999

This section of the FEDERAL REGISTER legislative days prior to final Reid, Special Counsel, Office of General contains regulatory documents having general promulgation. The revisions to 11 CFR Counsel, by telephone at (202) 408–2510 applicability and legal effect, most of which 110.1 were transmitted to Congress on or by electronic mail at [email protected], are keyed to and codified in the Code of June 25, 1999. Thirty legislative days or by regular mail at the Federal Federal Regulations, which is published under expired in the Senate and the House of Housing Finance Board, 1777 F Street, 50 titles pursuant to 44 U.S.C. 1510. Representatives on September 24, 1999. N.W., Washington, DC 20006. The Code of Federal Regulations is sold by Announcement of Effective Date: 11 SUPPLEMENTARY INFORMATION: the Superintendent of Documents. Prices of CFR 110.1(g), as published at 64 FR new books are listed in the first FEDERAL 37397 (July 12, 1999), is effective as of I. The Proposed Rule REGISTER issue of each week. November 12, 1999. On February 11, 1999, the Finance Dated: October 5, 1999. Board published for comment a proposed rule to amend its Consolidated FEDERAL ELECTION COMMISSION Scott E. Thomas, Bonds and Debentures Regulation (CO [Notice 1999±19] Chairman, Federal Election Commission. Regulation), 12 CFR part 910, to outline [FR Doc. 99–26281 Filed 10–8–99; 8:45 am] a framework for the orderly allocation of 11 CFR Part 110 BILLING CODE 6715±01±P joint and several liability among the Banks on COs issued by the Finance Treatment of Limited Liability Board pursuant to section 11 of the Act, Companies Under the Federal Election FEDERAL HOUSING FINANCE BOARD 12 U.S.C. 1431. 64 FR 6819 (Feb. 11, Campaign Act 1999). The sixty-day public comment period closed on April 12, 1999. The AGENCY: Federal Election Commission. 12 CFR Part 910 Finance Board received thirteen ACTION: Final rule; announcement of [No. 99±51] comment letters: twelve from Banks and effective date. RIN 3069±AA78 one from a member institution. The SUMMARY: On July 12, 1999, the commenters, noting the stability and Commission published the text of Allocation of Joint and Several Liability financial strength of the Bank System, revised regulations that address the on Consolidated Obligations Among generally supported the goal of the treatment of limited liability companies the Federal Home Loan Banks proposed rule, but expressed nearly for purposes of the Federal Election uniform objection to the certification AGENCY: Federal Housing Finance and reporting requirements and Campaign Act. 64 FR 37397. The Board. Commission announces that these rules requested other changes. ACTION: Final rule. are effective as of November 12, 1999. The Act provides plenary authority to the Finance Board in connection with EFFECTIVE DATE: November 12, 1999. SUMMARY: The Federal Housing Finance the issuance of COs, for which the FOR FURTHER INFORMATION CONTACT: Mr. Board (Finance Board) is amending its Banks are jointly and severally liable. N. Bradley Litchfield, Associate General rule governing the issuance of Section 11 of the Act authorizes the Counsel, or Ms. Rita A. Reimer, consolidated obligations, i.e., bonds, Finance Board to issue rules and Attorney, 999 E Street, N.W., notes or debentures (COs) by the regulations governing the issuance of Washington, D.C. 20463, (202) 694–1650 Finance Board pursuant to section 11 of COs. See 12 U.S.C. 1431(a). Pursuant to or toll free (800) 424–9530. the Federal Home Loan Bank Act (Act), the authority set forth in section 11(b) SUPPLEMENTARY INFORMATION: The 12 U.S.C. 1431, to establish a framework and (c) of the Act, the Finance Board Commission is announcing the effective for the orderly allocation of joint and may issue consolidated Bank debentures date of new regulations at 11 CFR several liability for the COs among the or bonds which ‘‘shall be the joint and 110.1(g) that addess the treatment of Federal Home Loan Banks (Banks). The several obligations of all the Federal limited liability companies (‘‘LLC’’) final rule adds new provisions to the Home Loan Banks, and shall be secured under the Federal Election Campaign Finance Board’s regulations and is and be issued upon such terms and Act. LLCs are non-corporate business intended to protect holders of COs to conditions as the [Finance] Board may entities, created under State law, that the greatest extent practicable by prescribe.’’ See id. at 1431(b) and (c). have characteristics of both partnerships providing a framework to ensure the Moreover, section 11(d) of the Act and corporations. The new rules continued timely payment of all provides that the Finance Board shall provide that LLCs will be treated as principal and interest on COs in the have full power to require the Banks to either partnerships or corporations for unlikely event of the projected or actual ‘‘deposit additional collateral or to make FECA purposes, consistent with the tax inability of a Bank to meet its debt substitutions of collateral or to adjust treatment they select under the Internal service payment obligations. equities between the Federal Home Revenue Code. DATES: This final rule is effective on Loan Banks.’’ Id. at 1431(d). The Act Section 438(d) of Title 2, United November 12, 1999. makes clear that COs are not the States Code, requires that any rules or FOR FURTHER INFORMATION CONTACT: obligations of and are not guaranteed by regulations prescribed by the Joseph A. McKenzie, Deputy Chief the United States. See id. at 1435. The Commission to implement Title 2 of the Economist, Office of Policy, Research Banks collectively are the sole obligors United States Code be transmitted to the and Analysis, by telephone at (202) on COs. Finance Board regulations Speaker of the House of Representatives 408–2845 or by electronic mail at governing the issuance of COs are set and the President of the Senate thirty [email protected], or Charlotte A. forth in 12 CFR parts 910 and 941.

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Section 910.0(b) defines ‘‘consolidated II. Summary of Comments and Analysis agreement between two or more Banks bonds’’ to mean ‘‘bonds or notes issued of Changes Made in the Final Rule. or pursuant to a Finance Board payment on behalf of all Federal Home Loan order. Additionally, consistent with A. Definitions—§ 910.0 Banks.’’ For purposes of this preamble, § 910.7(e)(1), direct obligation also the terms CO(s), consolidated 1. Existing Definitions includes the obligation of an assisted obligation(s), and consolidated bonds The existing definitions in Part 910 Bank to reimburse a Bank that pays the are used interchangeably. In the final are retained with only minor revisions. direct obligations of the former Bank rule, the term consolidated bond(s) is For purposes of consistency with other pursuant to an assistance agreement or adopted for consistency with the regulations, ‘‘Board’’ has been redefined by order of the Finance Board. Thus, a existing definitions in § 910.0. as ‘‘Finance Board,’’ a definition of direct obligation may arise: (1) as a The Banks finance their operations ‘‘Bank’’ has been added, and the result of the receipt of proceeds from the principally with the proceeds from COs remaining definitions have been re- issuance of a CO, or in a subsequent issued by the Finance Board on their designated accordingly. Additional assumption of a CO payment obligation; behalf. As of July 31, 1999, there were definitions are addressed as follows. (2) by virtue of becoming obligated to approximately $444.8 billion in COs make assistance payments to another outstanding. In the history of the Bank 2. Participating Bank Bank, either pursuant to a voluntary System, no Bank has ever been The proposed rule would have agreement between two or more Banks delinquent or defaulted on a principal amended § 910.0 of the CO regulation to or pursuant to a Finance Board payment or interest payment on any CO issued by add a new defined term: ‘‘Participating order; or (3) pursuant to the obligation the Finance Board or the Federal Home Bank.’’ The final rule does not adopt to reimburse an assisting Bank for Loan Bank Board (FHLBB), its that definition because it is not a assistance payments made under an predecessor agency. necessary component of the certification assistance agreement or by order of the Neither the Finance Board nor the requirement as adopted in the final rule Finance Board, including related costs FHLBB adopted regulations to establish and does not add to the requirement and interest. the manner in which the joint and that each Bank must satisfy its direct 5. Other Definitional Requests obligations. several liability of the Banks would In response to several comments, operate in the event of impending 3. Non-Performing Bank references to consolidated obligations default or delinquency on a CO. The have been changed throughout the final Bank System remains financially The proposed rule added another defined term to § 910.0: ‘‘Non- rule to reference consolidated bonds in healthy and strong, and no such default performing Bank.’’ A majority of the order to maintain consistency within or delinquency is expected. The holders commenters contended that the term part 910 and to conform to existing of COs benefit from the statutory joint ‘‘Non-Performing Bank’’ was too broad, definitions in § 910.0. and several liability of the Banks set had negative or pejorative connotations, Many commenters requested that forth in section 11 of the Act. Prudence or could imply a default on the COs certain definitions be added to the rule. dictates, however, that the Finance where none had occurred. One A majority of commenters requested Board clarify how the joint and several commenter suggested the term should that the rule define the term ‘‘non- financial responsibility for the COs be changed to ‘‘Non-Compliant Bank’’ to essential expenses’’ to exclude normal would be allocated among the Banks if focus on the reporting and certification operating expenses or ordinary a Bank were to experience a payment requirements. The Finance Board agrees operational expenditures incurred in the problem. that a change in the terminology is regular course of business such as The final rule establishes a procedure appropriate and has revised the term in salaries and benefits, office space and to assure timely interest and principal the final rule to ‘‘Non-complying Bank.’’ equipment expenses. The Finance Board payments on all outstanding COs. The Also in response to comments, the has adopted the recommendation by final rule will provide that any Bank Finance Board has removed all rewording § 910.7(c)(3) of the final rule that participates in the proceeds of a CO references to ‘‘net loss’’ in the definition to clarify that a Bank may continue to issuance, and that experiences or and in the revisions to the reporting and pay normal operating expenses, projects a payment problem, would be certification requirements. See including salaries, costs of office space required to apply its assets first toward discussion of § 910.7(b), below. or equipment, or related expenses, but the satisfaction of that consolidated Furthermore, the definition was revised must refrain from incurring any obligation. The final rule further to clarify that a Bank also may become extraordinary expenses, thus obviating specifies, as a regulatory matter, that the a ‘‘Non-complying Bank’’ if it is the need for another defined term. Finance Board, pursuant to its authority required to file a notice pursuant to A number of commenters requested to ensure that the Banks operate in a § 910.7(b)(2). that the rule define, by establishing a safe and sound manner, remain fixed standard, reasonable interest as it adequately capitalized and able to raise 4. Direct Obligation relates to consolidated bond interest and funds in the capital markets, and to The final rule defines ‘‘direct principal payments made on behalf of a adjust the relative equities among the obligation’’ to mean a Bank’s obligation non-complying Bank, so as to avoid Banks in connection with the issuance to repay principal and interest arising unnecessary disputes between the of COs, see 12 U.S.C. 1422a(a)(1), (3)(A), from its receipt of all or a portion of the assisting and assisted Banks. The (3)(B)(iii) and 1431(d), has ultimate proceeds of an issuance of COs by the commenters who addressed the issue authority and discretion at any time to Finance Board on behalf of one or more suggested that the standard should be call on any Bank to make any principal Banks. A direct obligation also includes the Federal Funds rate plus an amount, or interest payment on any CO. The an obligation to pay CO principal or ranging from 50 to 300 basis points, underlying purpose of the final rule is interest that has been assumed by a sufficient to be punitive. The Finance to emphasize the Finance Board’s intent Bank subsequent to the issuance of the Board wishes to preserve for itself that holders of COs not experience any consolidated bond, and any obligation maximum discretion to prescribe a interruption in the flow of interest or to make assistance payments to any reasonable interest rate based on the principal payments. other Bank, whether pursuant to an case presented. Therefore, no definition

VerDate 06-OCT-99 10:21 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\A12OC0.018 pfrm04 PsN: 12OCR1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations 55127 of reasonable interest rate is included in 2. Certification and Reporting— material facts that through the next the final rule. Instead, § 910.7(d) of the § 910.7(b) quarter could foreseeably prevent the final rule makes it clear that, on Section 910.7(b) of the proposed rule Bank from making full and timely amounts paid by one Bank to meet the would have required each Bank payment of interest and principal on the principal and interest payment President to certify for the upcoming COs due and payable in the upcoming obligations of another Bank, the interest quarter that the Bank will not suffer a quarter. To improve on the reporting rate on the reimbursement will be set by net loss, will remain in compliance with requirement, the commenter urged that the Finance Board in an order, or will reserve and liquidity requirements, as the Banks be allowed to rely on the be negotiated between the affected well as with the Finance Board’s unqualified opinion provided annually Banks, in the case of an inter-Bank Financial Management Policy (FMP), by a Bank’s independent certified assistance agreement, subject to the and will be capable of making full and accountant and eliminate the approval of the Finance Board. timely payment of all its direct management certification. B. Joint and Several Liability—§ 910.7 obligations when due. The proposed Concerned commenters noted that if certifications are given and subsequent The proposed rule added a new rule also would have required each unanticipated events adversely affect § 910.7 to the CO Regulation to establish Bank immediately to report to the the accuracy of the statements or the a framework for the orderly allocation of Finance Board any projected loss, debt ability of a Bank to make full and timely joint and several liability on the COs service deficiency or liquidity/reserves direct obligation payments when due, among the Banks. deficiency. The comments expressed a number of the result could be causes of action 1. General Requirements—§ 910.7(a) objections to § 910.7(b) as proposed: (1) against the Bank and the Finance Board The proposed rule at § 910.7(a) would the impossibility of certification as to for false certifications. have stated the joint and several liability future events; (2) misplaced reliance on While the Finance Board does not of the Banks and the duty of the Banks net loss as an indicator of a Bank’s believe that a negative assurance or a to give priority to consolidated bond ability to meet its direct obligations; (3) reasonable assurance statement would payments. the lack of a specific causal nexus accomplish the same goal as the One commenter objected to the between potential non-compliance with certification and reporting requirements, premise of proposed § 910.7(a)(2), that liquidity requirements and a Bank’s the Finance Board does believe that each Bank must ensure the CO payment ability to meet its direct obligations; and many of the other concerns raised by the obligations of all other Banks, and (4) each Bank should be required only commenters have merit. The final rule suggested that the final rule provide that to certify that it will have the ability in addresses these concerns by modifying each Bank be responsible only for its the upcoming quarter to meet its direct the certification requirement to reflect own payment obligations. Because the obligations. that the certification should be based on Finance Board believes that the essence a. Certification as to Future Events. known information, current facts and of joint and several liability is that each The commenters stated that it would be financial information, which the Bank is ultimately liable for the impossible to certify as to future events Finance Board expects will follow repayment of any CO, no change to this given the potential variables that affect reasonable investigation. provision has been adopted in the final financial statements, and were b. Net Loss. Many commenters rule, other than the addition of a new concerned that forward-looking objected to being required to certify that subsection (3), which states that the certifications might subject a Bank to a Bank would not sustain a net loss in provisions shall not restrict, limit, or liability if events played out other than the upcoming quarter on the grounds otherwise diminish the joint and several as predicted. Commenters also objected that net loss is an inappropriate measure liability of all of the Banks on all of the to the certification requirement on the for determining ability to meet CO consolidated bonds. basis that a certification, which payment obligations. Several Bank Several commenters questioned how generally involves confirmation of commenters called for the term to be other creditors of the Banks, such as known facts as of a certain date, would eliminated from the rule, or defined if swap counterparties, would be affected be a factual impossibility because the certification and reporting by proposed § 910.7(a)(2), and noted factors beyond the control of a Bank requirements were to be retained in the that the proposed rule would appear to could preclude the Bank from being able final rule. One commenter stated that give CO holders payment priority over to state with certainty three months in net income and net loss are accounting other creditors of the Bank, regardless of advance that no change in concepts that bear virtually no relation the legal priorities among those parties. circumstances would occur. to cash flow, which is the primary factor The Finance Board is not attempting to One commenter suggested that the affecting a Bank’s ability to make create regulatory creditor priorities that lack of certainty as to future projections payments. would not already exist under law. could be dealt with either by revising Therefore, the final rule has been the required representation to assert that One commenter suggested that the revised to address this concern by ‘‘the President has no knowledge of any rule should provide that prior to eliminating reference to ‘‘any other facts that would materially affect the allocating loss to all Banks, the Finance creditor not entitled by law or contract accuracy of the certification,’’ or Board should look to the other to priority over or parity with the holder requiring, based on information known participating Banks for payment of of consolidated obligations.’’ A to the Bank, reasonable assurance that principal and interest where another provision was also added in § 910.7(g) the Bank will remain in compliance and participating Bank is unable to make the to clarify that payments made by a Bank be capable of fulfilling CO payments in payments for which it is responsible. to satisfy the direct obligations of the upcoming quarter. Some of the Banks expressed a desire another Bank shall be made for the sole Another commenter favored requiring that the reporting periods be specified purpose of discharging the joint and that Bank management provide a in the rule. several liability of the Banks on the negative assurance stating that, as of the Several commenters argued that the consolidated bonds, not for the benefit date of the quarterly certification, Bank various periodic financial condition of other creditors. management has no actual knowledge of reports already required to be filed by

VerDate 06-OCT-99 10:21 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\A12OC0.019 pfrm04 PsN: 12OCR1 55128 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations the Banks with the Finance Board 1 that the proposed rule be clarified to Finally, § 910.7(b)(3) of the proposed provide sufficient notice to the Finance require a Bank to certify only that it will rule provided that the Finance Board Board of any potential difficulty a Bank remain capable of making full and could require a Bank to file a report, might experience in meeting its debt timely payment of its share of all accompanied by a consolidated obligations, and that the certification principal and interest payments on COs. obligation payment plan, if the Finance and reporting requirements would be The Finance Board concurs in these Board had reason to believe the Bank unnecessarily duplicative and comments and has clarified the final was about to default on an obligation or burdensome. rule to state that each Bank must certify cease to be compliance with the The Finance Board agrees with many that it will remain capable of making statutory or regulatory liquidity of the observations in the comments, full and timely payment of all of its requirements. This provision has not and has addressed commenters’ current obligations, including direct been adopted as part of the final rule objections by eliminating the obligations. Direct obligations would because the Finance Board believes it requirement that each Bank must certify also include the obligation to reimburse would be redundant in light of the that it will not sustain a net loss in the an assisting Bank for the payment of the revisions to the certification, notice and upcoming quarter. assisted Bank’s direct obligations, as payment plan provisions. c. Lack of Causal Nexus Between provided for in § 910.7(e)(1) of the final Liquidity and Ability to Pay Direct 3. Consolidated Obligation Payment rule. Plan—§ 910.7(c) Obligations. Many comments focused e. The Reporting Requirement. The Proposed § 910.7(c) would have on what factors actually affect a Bank’s proposed rule called for each Bank to required any Bank projecting or ability to meet its obligations and noted report immediately to the Finance Board experiencing an inability to service its that non-compliance with liquidity if: (1) the Bank was unable to provide current COs to submit a consolidated requirements is not tantamount to an the required certification; (2) subsequent inability to make such payments. obligation payment plan to the Finance to providing the certification, the Bank One commenter, calling the liquidity Board and to refrain from incurring non- projected that it would incur a net loss, requirements outmoded, stated that essential operating expenses, declaring fail to comply with liquidity compliance with the liquidity or paying dividends, or redeeming any requirements or would be unable to requirements is not an accurate stock, until its CO payment plan is satisfy its payment obligations on reflection of the Bank’s ability to meet approved by the Finance Board and its its payment obligations. The commenter consolidated bonds; (3) the Bank consolidated obligation payment said that factors that would more likely actually missed a consolidated bond obligations were satisfied. cause a negative impact on a Bank’s payment, incurred a net loss or failed to One commenter recommended that ability to service its debt would be an comply with liquidity requirements. § 910.7(c) be modified to require only inability to access the capital markets to The commenters offered criticisms that the plan address the methods a replace maturing or called debt, and that nearly identical to those for the Bank would undertake ‘‘to make full the certification requirement is certification requirement. Additionally, and timely payment of its share of all inconsistent with real world balance some commenters recommended that principal and interest consolidated sheet management. the rule specify the reporting period. obligation payments in which the The Finance Board does not agree In response to the comments, the final [Federal Home Loan] Bank is a with the comment that compliance with rule eliminates the requirement to file a participating Bank.’’ The final rule the statutory and regulatory liquidity report in favor of a notice requirement. clarifies that a Bank must file a requirements does not bear any Section 910.7(b)(2) of the final rule consolidated bond payment plan financial relationship to a Bank’s ability requires a Bank to submit immediate outlining the methods to be used to to meet its direct obligations and has written notice to the Finance Board if meet its current obligations, including adopted this requirement in the final the Bank is or is expected to be unable direct obligations. The comment that the rule without change. The comment is to provide the certification when due as payment of non-essential expenses premised on the assumption that the required by § 910.7(b)(1), or, if at any should contain an exception for Banks can raise funds in the capital time, a Bank projects that it will not ‘‘ordinary operational expenditures markets at will. However, since the meet its liquidity requirements, direct incurred by a Bank in its regular course Banks at times may face inhospitable obligations or other current obligations. of business,’’ has also been adopted in conditions in the capital markets during Notice is also required if the Bank § 910.7(c)(3) of the final rule. which they might be unable to raise actually fails to meet its liquidity One commenter proposed that the large amounts of money in very short requirements or direct obligations. Such final rule should make provision for the time periods, the Finance Board notice also is required if a Bank is in Finance Board to accept or request believes it is advisable for the Banks to negotiations to enter or enters into an modifications on a consolidated bond maintain sufficient, highly liquid assets assistance agreement with another Bank payment plan within a certain to meet member demands. Because the for the payment of its direct obligations timeframe, and for automatic approval Banks are required to maintain or other current obligations. Similarly, if of the payment plan if the Finance compliance with statutory and a Bank experiences a temporary Board fails to act by a date certain. regulatory liquidity requirements at all interruption in its payment operations Another commenter opposed the times, no additional burden should be due to an external event, which is not restrictions set forth in proposed imposed by the requirement in the final necessarily related to the financial § 910.7(c)(3) on payment of dividends or rule that a Bank certify to that condition of the Bank such as a natural redemption of stock as being draconian. compliance. disaster or power failure, the Bank must The commenter argued that the Finance d. Certification Only to Direct notify the Finance Board. A notice Board should impose such sanctions Obligations. The commenters requested required by § 910.7(b)(2) may be only after it has reviewed the specific provided by a senior officer of the Bank situation. The final rule is designed to 1 See, e.g., 12 CFR 934.7 (balance sheets and having knowledge of its financial allow the Finance Board to analyze any income statement projects); 12 CFR 934.17 (support for dividend requests); 12 CFR 937.2 (information condition and authorized by the Bank to proffered payment plan independently for Bank System quarterly and annual reports). sign the notice. and in the circumstances presented. A

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Additionally, the restrictions as requirements mandated by statute or Board has chosen to reserve to itself the to payment of dividend or stock regulation, and make provision for the authority to set a reasonable interest rate redemption are intended to preserve Banks to redeem capital and pay or to approve the terms, including an assets that may be needed to ensure that dividends in accordance with the interest rate, of negotiated assistance the Bank will be able to continue to applicable provisions of the Act. The agreements. operate and make full and timely CO Finance Board may waive or amend the 5. Adjustment of Equities—§ 910.7(e) payments. For these reasons, this consolidated bond payment plan provision of the final rule has been requirements as necessary to Under proposed § 910.7(e), the adopted as proposed. accommodate future legislative changes reallocation of the payment obligations Other commenters urged the Finance to the capital structure of the Bank among the other Banks would have been Board to build flexibility into the rule to System. A separate, specific reservation based on the pro rata participation of allow Banks to develop recovery plans of authority to do so is unnecessary. each Bank in all COs outstanding as of or participate in fully-secured inter- the most recent month end for which 4. Finance Board Payment Orders— Bank loans that would provide for the Finance Board has data. The § 910.7(d) orderly recovery short of liquidation, reallocation (as opposed to payments depending on the severity of the Bank’s Under proposed § 910.7(d), in the that may be ordered by the Finance financial condition. The Finance Board remote event that a Bank would be Board) would have occurred only after has adopted certain modifications to the unable, due to actual or projected cash the non-complying Bank had applied all rule and believes that as revised the flow or balance sheet deficiencies, to of its assets to service all of its direct final rule provides sufficient flexibility service its direct obligations, the consolidated obligations. in how the consolidated bond payment Finance Board could have ordered one Several commenters expressed plans would be structured, and makes or more other Banks to make such concern that the requirement in sufficient provision for payment payments. The non-complying Bank proposed § 910.7(e)(1), that a defaulting assistance agreements to be reached would have been liable to the assisting Bank shall apply its assets to fulfill its between Banks. Inter-Bank consolidated Banks for reimbursement. The Finance consolidated obligations payment bond payment assistance agreements are Board would look to the assets of the obligations, could require a Bank to sell subject to Finance Board approval. non-complying Bank for reimbursement assets classified as ‘‘held to maturity’’ Under the final rule, a Bank must notify of such payments. under ACCOUNTING FOR CERTAIN the Finance Board when it commences Section 910.7(d)(1) of the final rule INVESTMENTS IN DEBT AND EQUITY negotiations for such an assistance makes clear that the Board of Directors SECURITIES, Statement of Financial agreement with one or more other of the Finance Board, in its discretion Accounting Standards No. 115 (Fin. Banks, and may not implement an and notwithstanding any other Accounting Standards Bd. 1993) and assistance agreement prior to Finance provision in the rule, may at any time thereby require the Bank to mark-to- Board approval. Thus, the final rule order any Bank to make any payment on market its entire portfolio and further clearly affords oversight authority to the any consolidated bond. The final rule in worsen the Bank’s financial position. Finance Board to evaluate any given § 910.7(d)(2) establishes unequivocally One commenter asked for clarification situation individually and determine that to the extent a Bank makes an of whether all of a Bank’s assets would what remedial steps are appropriate or assistance payment, whether by have to be applied to the payment of required. agreement or by order of the Board of COs before such assets could be used to The final rule requires a Bank to file Directors of the Finance Board, the pay expenses as provided in proposed a consolidated bond payment plan for assisting Bank is entitled to §§ 910.7(a)(2) and (c). Another Finance Board approval if the Bank fails reimbursement of the assistance, commenter suggested that the solution to provide the certification required in including costs and interest. The rate of to that interpretation would be to paragraph (b)(1), is required to provide interest for the reimbursement for construe the phrase ‘‘apply its assets’’ to the notice required in paragraph (b)(2), payments made to assist a non- mean that a Bank may be required to or if the Finance Board determines that complying Bank in making its payment apply interest earned on its assets, and the Bank will cease to be in compliance obligations will be set by the Board. any cash received upon maturity of with the liquidity requirements or will Additionally, the final rule clarifies that assets to payment of consolidated be unable to meet its current where an agreement is reached between obligations, after payment of all obligations, including its direct an assisting Bank and a non-complying necessary expenses, then there should obligations. The final rule requires that Bank (or one whose payment be minimal adverse ramifications to the the consolidated bond payment plan capabilities were temporarily impaired Banks. specify the measures the Bank will by payment system disruptions outside The final rule clarifies that a non- undertake to meet its current the control of the Bank) the negotiated complying Bank shall apply all of its obligations, including its direct rate will be subject to the approval of assets to pay its direct obligations, obligations. The final rule permits a the Finance Board. As discussed including amounts owed to reimburse non-complying Bank to continue to previously herein, the Finance Board any Bank that has provided assistance incur and pay normal operating disagrees with the recommendations in meeting the non-complying Bank’s expenses in the regular course of from commenters that the rate of direct obligations, whether under an business, but requires such a Bank to interest on reimbursement payments assistance agreement or by order of the refrain from incurring any extraordinary should be set in the regulation at the Finance Board. expenses, declaring or paying dividends Federal Funds rate plus 50 to 300 basis A Bank that provides assistance to or redeeming capital stock until the points or at an amount high enough to another Bank whose operations Finance Board has approved the plan reflect the serious nature of a potential temporarily are impaired by a natural

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Amend § 910.0 by: a pro rata basis in proportion to each take supervisory, enforcement or other A. Revising paragraph (a). Bank’s participation in all COs as of the action against any Bank pursuant to the B. Redesignating paragraphs (b) end of the most recent month for which Act to ensure that the Banks are through (d) as paragraphs (c) through the Finance Board has data. In operated in a safe and sound manner. (e), respectively. § 910.7(e)(1) of the final rule, a non- The final rule adopts this and expressly C. Adding a new paragraph (b). complying Bank is presumed to have preserves the Finance Board’s authority D. Revising newly designated insufficient assets to continue to operate to adjust the equities between the Banks paragraph (c). as usual and make full and timely CO in any manner different from that set E. Adding paragraphs (f) and (g). payments. The finding of asset forth in this rule. The additions and revisions read as insufficiency in paragraph (e) differs follows: 7. No Rights Created—§ 910.7(g) from the situation contemplated by § 910.0 Definitions. Several commenters suggested that § 910.7(c)(3) of the final rule. In the (a) Finance Board means the Federal latter section, the final rule assumes that the proposed rule be revised expressly to provide that the certification and Housing Finance Board. the non-complying Bank will continue (b) Bank means Federal Home Loan reporting requirements of the rule do to operate as usual, albeit under the Bank. not create any rights in any third party terms of a payment plan approved by (c) Consolidated bond means any the Finance Board. A non-complying and that non-compliance with the bond or note issued on behalf of one or Bank is thus expressly authorized to provisions of the rule would not more Banks by the Finance Board continue to incur and pay ordinary constitute a default under the COs. The pursuant to section 11(c) of the Federal operating expenses. Finance Board has adopted this Home Loan Bank Act, as amended (the The final rule thus contemplates that suggestion by including a new § 910.7(g) Act) (12 U.S.C. 1431(c)). the Finance Board will have to in the final rule. The final rule provides intervene to ensure that a non- that nothing in the section shall be * * * * * (f) Direct Obligation means an complying Bank’s CO payments are deemed to create any rights in any third obligation of a Bank to make any fully and timely made and that its assets party, payments made by a Bank on the principal or interest payment due on a are appropriately applied to outstanding direct obligations of another Bank are consolidated bond, whether such consolidated bond obligations and other made solely to discharge the joint and obligation arises from: obligations as provided in the final rule. several obligation of the Banks on the (1) The Bank’s receipt of sale proceeds The Act specifically provides the consolidated bonds, and complying from the issuance of that consolidated authority for the Finance Board to do so, with or failing to comply with the bond or the assumption of the obligation see 12 U.S.C. 1431(d), and the final rule provisions of this section shall not be in a voluntary transaction subsequent to provides a regulatory framework for the deemed to be an event of default under the issuance of the bond; Finance Board to evaluate the overall any consolidated bond. (2) An obligation to make an situation and implement a rational III. Regulatory Flexibility Act assistance payment to any other Bank, payment solution. Section 910.7(f) of whether made pursuant to an agreement the final rule expressly reserves to the The final rule applies only to the between one or more Banks or pursuant Finance Board the authority to adjust Banks, which do not come within the to a Finance Board payment order; or the equities of the Banks in a manner meaning of ‘‘small entities,’’ as defined (3) An assistance payment different from the manner scripted in in the Regulatory Flexibility Act (RFA). reimbursement obligation. § 910.7(e) to ensure the safety and See 5 U.S.C. 601(6). Therefore, in (g) Non-complying Bank means any soundness of one or more of the Banks. accordance with section 605(b) of the Bank that fails to certify, pursuant to Several commenters suggested that RFA, 5 U.S.C. 605(b), the Finance Board § 910.7(b)(1) of this part, that it is able the final rule permit inter-Bank loans to hereby certifies that this final rule will to pay all of its current obligations, assist in meeting payment obligations, not have significant economic impact on including direct obligations, in full upon terms and conditions negotiated a substantial number of small entities. when due; that fails to make between the Banks, which would IV. Paperwork Reduction Act consolidated bond payments in full obviate the need for the Finance Board when due; that is required to file a to order a Bank to cover the CO The final rule does not contain any notice pursuant to § 910.7(b)(2) or a payments of another Bank. Another collections of information pursuant to consolidated bond payment plan commenter argued in favor of a system the Paperwork Reduction Act of 1995. pursuant to § 910.7(c); or that is providing for the resources of all co- See 44 U.S.C. 350, et seq. Consequently, determined by the Finance Board to participating Banks to be tapped before the Finance Board has not submitted require assistance in meeting its direct the assets of a non-participating Bank any information to the Office of obligations on consolidated bonds. are applied to cover the liability of a Management and Budget for review. 3. Add § 910.7 to read as follows: Bank. The Finance Board believes this List of Subjects in 12 CFR Part 910 could create disincentives for the Banks § 910.7 Joint and several liability to enter into CO issuances as co- Consolidated bonds and debentures, (a) In general. (1) Each and every participants and has not incorporated Banks, Securities. Bank, individually and collectively, has this comment into the final rule. In For the reasons stated in the an obligation to make full and timely addition, the final rule provides for preamble, the Finance Board amends 12 payment of all principal and interest on inter-Bank loans and will require that CFR part 910 as follows: consolidated bonds when due.

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(2) Each and every Bank, individually certification required in paragraph (b)(1) of another Bank due to a temporary and collectively, shall ensure that the of this section; interruption in the latter Bank’s debt timely payment of principal and interest (ii) If it becomes a non-complying servicing operations (e.g., in the event of on all consolidated bonds is given Bank as a result of being required to a natural disaster or power failure), the priority over, and is paid in full in provide the notice required pursuant to assisting Bank shall have the same right advance of, any payment to or paragraph (b)(2) of this section, except to reimbursement as set forth in redemption of shares from any in the event that a failure to make a paragraph (e)(1) of this section. shareholder. principal or interest payment on a (3) If the Finance Board determines (3) The provisions of this section shall consolidated bond when due was that the assets of a non-complying Bank not limit, restrict or otherwise diminish, caused solely by a temporary are insufficient to satisfy all of its direct in any manner, the joint and several interruption in the Bank’s debt servicing obligations as set forth in paragraph liability of all of the Banks on all of the operations resulting from an external (e)(1) of this section, then the Finance consolidated bonds issued by the event such as a natural disaster or a Board may allocate the outstanding Finance Board pursuant to section 11(c) power failure; or liability among the remaining Banks on of the Act. (iii) If the Finance Board determines a pro rata basis in proportion to each (b) Certification and reporting. (1) that a Bank will cease to be in Bank’s participation in all consolidated Before the end of each calendar quarter, compliance with the statutory or obligations outstanding as of the end of and before declaring or paying any regulatory liquidity requirements, or the most recent month for which the dividend for that quarter, the President will lack the capacity to timely and fully Finance Board has data. of each Bank shall certify in writing to meet all of its current obligations, (f) Reservation of authority. Nothing the Finance Board that, based on known including direct obligations, due during in this section shall affect the Finance current facts and financial information, the quarter. Board’s authority to adjust the equities (2) A consolidated bond payment plan the Bank will remain in compliance between the Banks in any manner shall specify the measures the non- with the liquidity requirements set forth different than the manner described in complying Bank will undertake to make in section 11(g) of the Act (12 U.S.C. this section, or to take such enforcement full and timely payments of all of its 1431(g)), and the Finance Board’s or other action against any Bank current obligations, including direct Financial Management Policy (as the pursuant to the Finance Board’s obligations, due during the applicable same may be amended, modified or authority under the Act or otherwise to quarter. replaced), and will remain capable of supervise the Banks and ensure that (3) A non-complying Bank may making full and timely payment of all they are operated in a safe and sound continue to incur and pay normal of its current obligations, including manner. operating expenses incurred in the direct obligations, coming due during (g) No rights created. (1) Nothing in regular course of business (including the next quarter. this section shall create or be deemed to salaries, benefits, or costs of office (2) A Bank shall immediately provide create any rights in any third party. space, equipment and related expenses), (2) Payments made by a Bank toward written notice to the Finance Board if at but shall not incur or pay any any time: the direct obligations of another Bank extraordinary expenses, or declare, or are made for the sole purpose of (i) The Bank is unable to provide the pay dividends, or redeem any capital certification required in paragraph (b)(1) discharging the joint and several stock, until such time as the Finance liability of the Banks on the of this section; Board has approved the Bank’s (ii) The Bank projects at any time that consolidated bonds. consolidated bond payment plan or (3) Compliance, or the failure to it will fail to comply with statutory or inter-Bank assistance agreement, or comply, with any provision in this regulatory liquidity requirements, or ordered another remedy, and all of the section shall not be deemed a default will be unable to timely and fully meet non-complying Bank’s direct obligations under the terms and conditions of the all of its current obligations, including have been paid. consolidated bonds. direct obligations, due during the (d) Finance Board Payment Orders; Dated: October 4, 1999. quarter; Obligation to Reimburse. (1) The Board (iii) The Bank actually fails to comply By the Board of Directors of the Federal of Directors of the Finance Board, in its Housing Finance Board. with statutory or regulatory liquidity discretion and notwithstanding any Bruce A. Morrison, requirements or to timely and fully meet other provision in this section, may at all of its current obligations, including any time order any Bank to make any Chairman. direct obligations, due during the principal or interest payment due on [FR Doc. 99–26283 Filed 10–8–99; 8:45 am] quarter; or any consolidated obligation. BILLING CODE 6725±01±P (iv) The Bank negotiates to enter or (2) To the extent that a Bank makes enters into an agreement with one or any payment on any consolidated more other Banks to obtain financial obligation on behalf of another Bank, DEPARTMENT OF TRANSPORTATION assistance from such Bank(s) to meet its the paying Bank shall be entitled to current obligations, including direct reimbursement from the non-complying Federal Aviation Administration obligations, due during the quarter; the Bank, which shall have a corresponding 14 CFR Part 71 notice of which shall be accompanied obligation to reimburse the Bank by a copy of the agreement, which shall providing assistance, to the extent of [Airspace Docket No. 99±ACE±40] be subject to the approval of the Finance such payment and other associated costs Board. (including interest to be determined by Amendment to Class E Airspace; (c) Consolidated bond payment plans. the Finance Board). Nevada, MO (1) A Bank promptly shall file a (e) Adjustment of equities. (1) Any AGENCY: Federal Aviation consolidated bond payment plan for non-complying Bank shall apply its Administration, DOT. Finance Board approval: assets to fulfill its direct obligations. ACTION: Direct final rule; confirmation of (i) If it becomes a non-complying (2) If a Bank is required to meet, or effective date. Bank as a result of failing to provide the otherwise meets, the direct obligations

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SUMMARY: This document confirms the airspace and to promote safe flight special format make their verbatim effective date of a direct final rule which operations under instrument flight rules publication in the Federal Register revises Class E airspace at Nevada, MO. at the affected airports. expensive and impractical. Further, DATES: The direct final rule published at DATES: An effective date for each SIAP airmen do not use the regulatory text of 64 FR 47386 is effective on 0901 UTC, is specified in the amendatory the SIAPs, but refer to their graphic November 4, 1999. provisions. depiction of charts printed by FOR FURTHER INFORMATION CONTACT: Incorporation by reference-approved publishers of aeronautical materials. Kathy Randolph, Air Traffic Division, by the Director of the Federal Register Thus, the advantages of incorporation Airspace Branch, ACE–520C, Federal on December 31, 1980, and reapproved by reference are realized and publication of the complete description Aviation Administration, 601 East 12th as of January 1, 1982. of each SIAP contained in FAA form Street, Kansas City, Missouri 64106; ADDRESSES: Availability of matter documents is unnecessary. The telephone: (816) 426–3408. incorporated by reference in the provisions of this amendment state the SUPPLEMENTARY INFORMATION: The FAA amendment is as follows: For examination— affected CFR (and FAR) sections, with published this direct final rule with a the types and effective dates of the request for comments in the Federal 1. FAA Rules Docket, FAA Headquarters Building, 800 SIAPs. This amendment also identifies Register on August 31, 1999 (64 FR the airport, its location, the procedure 47386). The FAA uses the direct final Independence Avenue, SW., Washington, DC 20591; identification and the amendment rulemaking procedure for a non- number. controversial rule where the FAA 2. The FAA Regional Office of the believes that there will be no adverse region in which affected airport is The Rule located; or public comment. This direct final rule This amendment to part 97 of the 3. The Flight Inspection Area Office advised the public that no adverse Federal Aviation Regulations (14 CFR which originated the SIAP. comments were anticipated, and that For Purchase—Individual SIAP part 97) establishes, amends, suspends, unless a written adverse comment, or a or revokes SIAPs. For safety and copies may be obtained from: written notice of intent to submit such 1. FAA Public Inquiry Center (APA– timeliness of change considerations, this an adverse comment, were received 200), FAA Headquarters Building, 800 amendment incorporates only specific within the comment period, the Independence Avenue, SW., changes contained in the content of the regulation would become effective on Washington, DC 20591; or following FDC/P NOTAMs for each November 4, 1999. No adverse 2. The FAA Regional Office of the SIAP. The SIAP information in some comments were received, and thus this region in which the affected airport is previously designated FDC/Temporary notice confirms that this direct final rule located. (FDC/T) NOTAMs is of such duration as will become effective on that date. By Subscription—Copies of all SIAPs, to be permanent. With conversion to Issued in Kansas City, MO on September mailed once every 2 weeks, are for sale FDC/P NOTAMs, the respective FDC/T 28, 1999. by the Superintendent of Documents, NOTAMs have been canceled. Richard L. Day, US Government Printing Office, The FDC/P NOTAMs for the SIAPs contained in this amendment are based Acting Manager, Air Traffic Division, Central Washington, DC 20402. Region. on the criteria contained in the U.S. FOR FURTHER INFORMATION CONTACT: Standard for Terminal Instrument [FR Doc. 99–26533 Filed 10–8–99; 8:45 am] Donald P. Pate, Flight Procedure Procedures (TERPS). In developing BILLING CODE 4910±13±M Standards Branch (AMCAFS–420), these charge changes to SIAPs by FDC/ Flight Technologies and Programs P NOTAMs, the TERPS criteria were Division, Flight Standards Service, DEPARTMENT OF TRANSPORTATION applied to only these specific conditions Federal Aviation Administration, Mike existing at the affected airports. All Monroney Aeronautical Center, 6500 Federal Aviation Administration SIAP amendments in this rule have South MacArthur Blvd. Oklahoma, OK. been previously issued by the FAA in a 14 CFR Part 97 73169 (Mail Address: P.O. Box 25082 National Flight Data Center (FDC) Oklahoma City, OK. 73125) telephone: [Docket No. 29786; Amdt. No. 1954] Notice to Airmen (NOTAM) as an (405) 954–4164. emergency action of immediate flight SUPPLEMENTARY INFORMATION: Standard Instrument Approach This safety relating directly to published Procedures; Miscellaneous amendment to part 97 of the Federal aeronautical charts. The circumstances Amendments Aviation Regulations (14 CFR part 97) which created the need for all these establishes, amends, suspends, or SIAP amendments requires making AGENCY: Federal Aviation revokes Standard Instrument Approach them effective in less than 30 days. Administration (FAA), DOT. Procedures (SIAPs). The complete Further, the SIAPs contained in this ACTION: Final rule. regulatory description on each SIAP is amendment are base don the criteria contained in the appropriate FAA Form contained in the TERPS. Because of the SUMMARY: This amendment establishes, 8260 and the National Flight Data close and immediate relationship amends, suspends, or revokes Standard Center (FDC)/permanent (P) Notices to between these SIAPs and safety in air Instrument Approach Procedures Airmen (NOTAM) which are commerce, I find that notice and public (SIAPs) for operations at certain incorporated by reference in the procedure before adopting these SIAPs airports. These regulatory actions are amendment under 5 U.S.C. 552(a), 1 are impracticable and contrary to the needed because of changes occurring in CFR part 51, and § 97.20 of the Federal public interest and, where applicable, the National Airspace System, such as Aviation’s Regulations (FAR). Materials that good cause exists for making these the commissioning of new navigational incorporated by reference are available SIAPs effective in less than 30 days. facilities, addition of new obstacles, or for examination or purchase as stated changes in air traffic requirements. above. Conclusion These changes are designed to provide The large number of SIAPs, their The FAA has determined that this safe and efficient use of the navigable complex nature, and the need for a regulation only involves an established

VerDate 06-OCT-99 10:21 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\A12OC0.040 pfrm04 PsN: 12OCR1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations 55133 body of technical regulations for which Issued in Washington, DC on October 1, Authority: 49 U.S.C. 40103, 40113, 40120, frequent and routine amendments are 1999. 44701; 49 U.S.C. 106(g); and 14 CFR necessary to keep them operationally L. Nicholas Lacey, 11.49(b)(2). current. It, therefore—(1) is not a Director, Flight Standards Service. ‘‘significant regulatory action’’ under 2. Part 97 is amended to read as Executive Order 12866; (2) is not a Adoption of the Amendment follows: ‘‘significant rule’’ under DOT Accordingly, pursuant to the §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Regulatory Policies and Procedures (44 97.35 [Amended] FR 11034; February 26, 1979); and (3) authority delegated to me, part 97 of the does not warrant preparation of a Federal Aviation Regulations (14 CFR By amending: § 97.23 VOR, VOR/ regulatory evaluation as the anticipated part 97) is amended by establishing, DME, VOR or TACAN, and VOR/DME impact is so minimal. For the same amending, suspending, or revoking or TACAN; § 97.25 LOC, LOC/DME, reason, the FAA certifies that this Standard Instrument Approach LDA, LDA/DME, SDF, SDF/DME; amendment will not have a significant Procedures, effective at 0901 UTC on § 97.27 NDB, NDB/DME; § 97.29 ILS, economic impact on a substantial the dates specified, as follows: ILS/DME, ISMLS, MLS, MLS/DME, number of small entities under the MLS/RNAV; § 97.31 RADAR SIAPs; criteria of the Regulatory Flexibility Act. PART 97ÐSTANDARD INSTRUMENT § 97.33 RNAV SIAPs; and § 97.35 APPROACH PROCEDURES List of Subjects in 14 CFR Part 97 COPTER SIAPs, identified as follows: Air traffic control, Airports, 1. The authority citation for part 97 is ** *Effective Upon Publication Navigation (air). revised to read as follows:

FDC date State City Airport FDC No. SIAP

08/30/99 ...... CA Ramona ...... Ramona ...... FDC 9/6551 VOR/DME or GPS±A Amdt 1B... This Corrects 9/6551 Pub- lished in TL 99±21 09/13/99 ...... ID Boise ...... Boise Air Terminal/Gowen Field ...... FDC 9/7166 GPS Rwy 28L, Amdt 1... 09/13/99 ...... ID Boise ...... Boise Air Terminal/Gowen Field ...... FDC 9/7175 VOR/DME or Tacan Rwy 28L, Amdt 1A... 09/13/99 ...... ID Boise ...... Boise Air Terminal/Gowen Field ...... FDC 9/7177 HI ILS Rwy 10R, Amdt 2... 09/15/99 ...... NC Greenville ...... Pitt-Greenville ...... FDC 9/7215 NDB Rwy 19, Amdt 14C... 09/15/99 ...... NC Greenville ...... Pitt-Greenville ...... FDC 9/7216 ILS Rwy 19, Amdt 2D... 09/16/99 ...... CO Colorado Springs ...... City of Colorado Springs Muni ...... FDC 9/7244 ILS/DME Rwy 17L Orig-B... 09/16/99 ...... KS Olathe ...... New Century Aircenter ...... FDC 9/7251 NDB or GPS Rwy 35, Amdt 4B... 09/16/99 ...... VA Danville ...... Danville Regional ...... FDC 9/7261 GPS Rwy 20, Orig... 09/17/99 ...... AZ Flagstaff ...... Flagstaff Pulliam ...... FDC 9/7294 ILS/DME Rwy 21 Orig-A... 09/17/99 ...... IA Cresco ...... Ellen Church Field ...... FDC 9/7292 GPS Rwy 15, Orig... 09/21/99 ...... AR Rogers ...... Rogers Muni-Carter Field ...... FDC 9/7418 ILS Rwy 19, Amdt 2... 09/21/99 ...... AR Walnut Ridge ...... Walnut Ridge Regional ...... FDC 9/7417 LOC Rwy 17, Amdt 2B... 09/21/99 ...... AZ Casa Grande ...... Casa Grande Muni ...... FDC 9/7404 VOR Rwy 5 Amdt 4... 09/21/99 ...... AZ Casa Grande ...... Casa Grande Muni ...... FDC 9/7406 ILS/DME Rwy 5 Amdt 6... 09/21/99 ...... AZ Phoenix ...... Phoenix-Deer Valley Muni ...... FDC 9/7400 GPS Rwy 7R Orig-A...

[FR Doc. 99–26536 Filed 10–8–99; 8:45 am] occurring in the National Airspace 2. The FAA Regional Office of the BILLING CODE 4910±13±M System, such as the commissioning of region in which the affected airport is new navigational facilities, addition of located; or new obstacles, or changes in air traffic 3. The Flight Inspection Area Office DEPARTMENT OF TRANSPORTATION requirements. These changes are which originated the SIAP. designed to provide safe and efficient For Purchases—Individual SIAP Federal Aviation Administration use of the navigable airspace and to copies may be obtained from: promote safe flight operations under 14 CFR Part 97 1. FAA Public Inquiry Center (APA– instrument flight rules at the affected 200), FAA Headquarters Building, 800 [Docket No. 29785; Amdt. No. 1953] airports. Independence Avenue, SW., DATES: An effective date for each SIAP Washington, DC 20591; or Standard Instrument Approach is specified in the amendatory 2. The FAA Regional Office of the Procedures; Miscellaneous provisions. region in which the affected airport is Amendments Incorporation by reference-approved located. AGENCY: Federal Aviation by the Director of the Federal Register By Subscription—Copies of all SIAPs, Administration (FAA), DOT. on December 31, 1980, and reapproved mailed once every 2 weeks, are for sale as of January 1, 1982. by the Superintendent of Documents, ACTION: Final rule. ADDRESSES: Availability of matters U.S. Government Printing Office, SUMMARY: This amendment establishes, incorporated by reference in the Washington, DC 20402. amends, suspends, or revokes Standard amendment is as follows: FOR FURTHER INFORMATION CONTACT: Instrument Approach Procedures For Examination— Donald P. Pate, Flight Procedure (SIAPs) for operations at certain 1. FAA Rules Docket, FAA Standards Branch (AMCAFS–420), airports. These regulatory actions are Headquarters Building, 800 Flight Technologies and Programs needed because of the adoption of new Independence Avenue, SW., Division, Flight Standards Service, or revised criteria, or because of changes Washington, DC 20591; Federal Aviation Administration, Mike

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Monroney Aeronautical Center, 6500 affected airports. Because of the close § 97.33 RNAV SIAPs; and § 97.35 South MacArthur Blvd., Oklahoma City, and immediate relationship between COPTER SIAPs, identified as follows: OK 73169 (Mail Address: P.O. Box these SIAPs and safety in air commerce, ** * Effective 4 November 1999 25082, Oklahoma City, OK 73125). I find that notice and public procedure Telephone:(405) 954–4161. before adopting these SIAPs are Grand Junction, CO, Walker Field, LDA/DME RWY 29 Orig SUPPLEMENTARY INFORMATION: This impracticable and contrary to the public Smith Center, KS, Smith Center Muni, VOR/ amendment to part 97 of the Federal interest and, where applicable, that DME OR GPS–A, Amdt 2 Aviation Regulations (14 CFR part 97) good cause exists for making some Smith Center, KS, Smith Center Muni, GPS establishes, amends, suspends, or SIAPs effective in less than 30 days. RWY 17, Orig revokes Standard Instrument Approach Smith Center, KS, Smith Center Muni, GPS Conclusion Procedures (SIAPs). The complete RWY 35, Orig regulatory description of each SIAP is The FAA has determined that this Portland, OR, Portland Intl, ILS RWY 28L, Orig contained in official FAA form regulation only involves an established Millington, TN, Charles W. Baker, VOR/DME documents which are incorporated by body of technical regulations for which RWY 18, Amdt 1 reference in this amendment under 5 frequent and routine amendments are U.S.C. 552(a), 1 CFR part 51, and § 97.20 necessary to keep them operationally ** * Effective 2 December 1999 of the Federal Aviation Regulations current. It, therefore—(1) is not a Pompano Beach, FL, Pompano Beach (FAR). The applicable FAA Forms are ‘‘significant regulatory action’’ under Airpark, GPS RWY 15, Orig identified as FAA Forms 8260–3, 8260– Executive Order 12866; (2) is not a Olney, TX, Olney Muni, NDB OR GPS RWY 17, AMDT 3, Cancelled 4, and 8260–5. Materials incorporated ‘‘significant rule’’ under DOT Olney, TX, Olney Muni, GPS RWY 17, Orig by reference are available for Regulatory Policies and Procedures (44 examination or purchase as stated FR 11034; February 26, 1979); and (3) ** * Effective 30 December 1999 above. does not warrant preparation of a Mojave, CA, Mojave, GPS RWY 4, Orig The large number of SIAPs, their regulatory evaluation as the anticipated Mojave, CA, Mojave, GPS RWY 22, Orig complex nature, and the need for a impact is so minimal. For the same Jacksonville, FL, Craig Muni, RADAR 1, special format make their verbatim reason, the FAA certifies that this Amdt 1 publication in the Federal Register Lake City, FL, Lake City Muni, VOR/DME OR amendment will not have a significant GPS–A, Amdt 3, Cancelled expensive and impractical. Further, economic impact on a substantial Tampa, FL, Tampa Intl, VOR RWY 9, Amdt airmen do not use the regulatory text of number of small entities under the 8 the SIAPs, but refer to their graphic criteria of the Regulatory Flexibility Act. Tampa, FL, Tampa Intl, LOC RWY 36R, depiction on charts printed by Amdt 1 publishers of aeronautical materials. List of Subjects in 14 CFR Part 97 Tampa, FL, Tampa Intl, RADAR–1, Amdt 12 Thus, the advantages of incorporation Air traffic control, Airports, Forest City, IA, Forest City Muni, NDB RWY by reference are realized and Navigation (air). 33, Amdt 1 publication of the complete description Forest City, IA, Forest City Muni, VOR/DME Issued in Washington, DC, on October of each SIAP contained in FAA form RNAV OR GPS RWY 33, Orig-A, Cancelled 1, 1999. Forest City, IA, Forest City Muni, GPS RWY documents is unnecessary. The L. Nicholas Lacey, 33, Orig provisions of this amendment state the Jefferson, IA, Jefferson Muni, NDB RWY 32, Director, Flight Standards Service. affected CFR (and FAR) sections, with Amdt 5 the types and effective dates of the Adoption of the amendment Jefferson, IA, Jefferson Muni, GPS RWY 14, SIAPs. This amendment also identifies Orig the airport, its location, the procedure Accordingly, pursuant to the Jefferson, IA, Jefferson Muni, GPS RWY 32, identification and the amendment authority delegated to me, part 97 of the Orig number. Federal Aviation Regulations (14 CFR Clarksdale, MS, Fletcher Field, VOR/DME part 97) is amended by establishing, RWY 18, Orig The Rule amending, suspending, or revoking Middletown, NY, Randall, GPS RWY 8, Orig Standard Instrument Approach Middletown, NY, Randall, GPS RWY 26, Orig This amendment to part 97 is effective Lovington, NM, Lea County-Zip Franklin upon publication of each separate SIAP Procedures, effective at 0901 UTC on Memorial, GPS RWY 3, Amdt 1 as contained in the transmittal. Some the dates specified, as follows: Lovington, NM, Lea County-Zip Franklin SIAP amendments may have been Memorial, GPS RWY 21, Amdt 1 previously issued by the FAA in a PART 97ÐSTANDARD INSTRUMENT Lovington, NM, Lea County-Zip Franklin National Flight Data Center (NFDC) APPROACH PROCEDURES Memorial, VOR/DME RNAV RWY 3, Orig, Notice to Airmen (NOTAM) as an Cancelled 1. The authority citation for part 97 is Louisburg, NC, Franklin County, VOR/DME emergency action of immediate flight revised to read as follows: safety relating directly to published OR GPS–A, Amdt 1 Louisburg, NC, Franklin County, GPS RWY 4, aeronautical charts. The circumstances Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44701; and 14 CFR 11.49(b) (2). Amdt 1 which created the need for some SIAP Elk City, OK, Elk City Muni, GPS RWY 17, amendments may require making them 2. Part 97 is amended to read as Orig effective in less than 30 days. For the follows: Elk City, OK, Elk City Muni, GPS RWY 35, remaining SIAPs, an effective date at Orig least 30 days after publications §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Greenville, SC, Greenville Downtown, NDB provided. 97.35 [Amended] OR GPS RWY 1, Amdt 21 Further, the SIAPs contained in this By amending: § 97.23 VOR, VOR/ Greenville, SC, Greenvill Downtown, ILS amendment are based on the criteria DME, VOR or TACAN, and VOR/DME RWY 1, Amdt 28 contained in the U.S. Standard for or TACAN; § 97.25 LOC, LOC/DME, Greenville, SC, Greenville Downtown, RADAR–1, Amdt 13 Terminal Instrument Procedures LDA, LDA/DME, SDF, SDF/DME; Millington, TN, Charles W. Baker, GPS RWY (TERPS). In developing these SIAPs, the § 97.27 NDB, NDB/DME; § 97.29 ILS, 36, Orig TERPS criteria were applied to the ILS/DME, ISMLS, MLS, MLS/DME, Angleton/Lake Jackson, TX, Brazoria County, conditions existing or anticipated at the MLS/RNAV; § 97.31 RADAR SIAPs; GPS RWY 17, Orig

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Salt Lake City, UT, Salt Lake City Intl, GPS promote safe flight operations under expensive and impractical. Further, RWY 16L, Orig instrument flight rules at the affected airmen do not use the regulatory text of Salt Lake City, UT, Salt Lake City Intl, GPS airports. the SIAPs, but refer to their graphic RWY 17, Orig depiction on charts printed by Salt Lake City, UT, Salt Lake City Intl, DATES: An effective date for each SIAP VORDME OR TACAN RWY 16L, Amdt 1 is specified in the amendatory publishers of aeronautical materials. Salt Lake City, UT, Salt Lake City Intl, VOR/ provisions. Thus, the advantages of incorporation DME OR TACAN RWY 17, Amdt 1 Incorporation by reference approved by reference are realized and by the Director of the Federal Register The FAA published an Amendment publication of the complete description on December 31, 1980, and reapproved in Docket No. 29708, Amdt No. 1948 to of each SIAP contained in FAA form as of January 1, 1982. Part 97 of the Federal Aviation documents is unnecessary. The Regulations (Vol 64 No. 168 Page 47389; ADDRESSES: Availability of matters provisions of this amendment state the dated August 31, 1999) under section incorporated by reference in the affected CFR sections, with the types 97.33 effective November 4, 1999, amendment is as follows: and effective dates of the SIAPs. This which is hereby amended as follows: For Examination— amendment also identifies the airport, 1. FAA Rule Docket, FAA its location, the procedure identification Greenville, NC, Pitt-Greenville, GPS RWY 1, Headquarters Building, 800 and the amendment number. Orig, should read Greenville, NC, Pitt- Independence Avenue, SW., Greenville, GPS RWY 2, Orig. The Rule Greenville, NC, Pitt-Greenville, GPS RWY 19, Washington, DC 20591; 2. The FAA Regional Office of the Orig. should read Greenville, NC, Pitt- This amendment to part 97 is effective region in which the affected airport is Greenville, GPS RWY 20, Orig. upon publication of each separate SIAP located; or The FAA published an Amendment 3. The Flight Inspection Area Office as contained in the transmittal. The in Docket No. 29733, Amdt No. 1946 to which originated the SIAP. SIAP’s contained in this amendment are Part 97 of the Federal Aviation For Purchase—Individual SIAP based on the criteria contained in the Regulations (Vol 64 No. 176 Page 47378; copies may be obtained from: United States Standards for Terminal dated September 13, 1999) under 1. FAA Public Inquiry Center (APA– Instrument Procedures (TERPS). In section 97.27 and 97.33 is hereby 200), FAA Headquarters Building, 800 developing these SIAPs, the TERPS amended by changing the effective date Independence Avenue, SW., criteria were applied to the conditions from November 4, 1999, to December Washington, DC 20591; or existing or anticipated at the affected 30, 1999, for the following procedures: 2. The FAA Regional Office of the airports. Bryan, OH, Williams County, GPS RWY 7, region in which the affected airport is The FAA has determined through Orig located. testing that current non-localizer type, Bryan, OH, Williams County, GPS RWY 25, By Subscription—Copies of all SIAP’s, non-precision instrument approaches Orig mailed once every 2 weeks, are for sale developed using the TERPS criteria can Bryan, OH, Williams County, NDB–A, Amdt by the Superintendent of Documents, 6 be flown by aircraft equipped with a U.S. Government Printing Office, Global Positioning System (GPS) and or [FR Doc. 99–26535 Filed 10–8–99; 8:45 am] Washington, DC 20402. Flight Management System (FMS) BILLING CODE 4910±13±M FOR FURTHER INFORMATION CONTACT: equipment. In consideration of the Donald P. Pate, Flight Procedure above, the applicable SIAP’s will be Standards Branch (AMCAFS–420), altered to include ‘‘or GPS or FMS’’ in DEPARTMENT OF TRANSPORTATION Flight Technologies and Programs the title without otherwise reviewing or Division, Flight Standards Service, Federal Aviation Administration modifying the procedure. (Once a stand Federal Aviation Administration, Mike alone GPS or FMS procedure is 14 CFR Part 97 Monroney Aeronautical Center, 6500 developed, the procedure title will be South MacArthur Blvd. Oklahoma City, altered to remove ‘‘or GPS or FMS’’ from [Docket No. 29787; Amdt. No. 1955] OK. 73169 (Mail Address: P.O. Box these non-localizer, non-precision 25082 Oklahoma City, OK. 73125) instrument approach procedure titles.) Standard Instrument Approach telephone: (405) 954–4164. Procedures; Miscellaneous The FAA has determined through SUPPLEMENTARY INFORMATION: This Amendments extensive analysis that current SIAP’s amendment to part 97 of the Federal intended for use by Area Navigation AGENCY: Aviation Regulations (14 CFR part 97) Federal Aviation (RNAV) equipped aircraft can be flown establishes, amends, suspends, or Administration (FAA), DOT. by aircraft utilizing various other types revokes SIAP’s. The complete regulatory ACTION: Final rule. of navigational equipment. In description of each SIAP is contained in consideration of the above, those SIAP’s SUMMARY: This amendment establishes, official FAA form documents which are currently designated as ‘‘RNAV’’ will be amends, suspends, or revokes Standard incorporated by reference in this redesignated as ‘‘VOR/DEE RNAV’’ Instrument Approach Procedures amendment under 5 U.S.C. 552(a), 1 without otherwise reviewing or (SIAP’s) for operations at certain CFR part 51, and 14 CFR 97.20 of the airports. These regulatory actions are Federal Aviation Regulations (FAR). modifying the SIAP’s. needed because of the adoption of new The applicable FAA Forms are Because of the close and immediate or revised criteria, or because of changes identified as FAA Form 8260–5. relationship between these SIAP’s and occurring in the National Airspace Materials incorporated by reference are safety in air commerce, I find that notice System, such as the commissioning of available for examination or purchase as and public procedure before adopting new navigational facilities, addition of stated above. these SIAPs are, impracticable and new obstacles, or changes in air traffic The large number of SIAP’s, their contrary to the pubic interest and, requirements. These changes are complex nature, and the need for a where applicable, that good cause exists designated to provide safe and efficient special format make their verbatim for making some SSIAPs effective in less use of the navigable airspace and to publication in the Federal Register than 30 days.

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Conclusion Middleton Is., AK, Middleton Is., NDB–A, Red Bluff, CA, Red Bluff Muni, VOR/DME Orig RWY 15, Amdt 6 The FAA has determined that this Northway, AK, Northway, VOR or GPS–B, Red Bluff, CA, Red Bluff Muni, VOR or GPS regulation involves an established body Amdt 3, Cancelled RWY 33, Amdt 7, Cancelled of technical regulations for which Northway, AK, Northway, VOR–B, Amdt 3 Red Bluff, CA, Red Bluff Muni, VOR RWY frequent and routine amendments are Sand Point, AK, Sand Point, NDB or GPS 33, Amdt 7 necessary to keep them operationally RWY 13, Orig, Cancelled Akron, CO, Akron-Washington County, VOR current. It, therefore—(1) is not a Sand Point, AK, Sand Point, NDB RWY 13, or GPS RWY 29, Orig, Cancelled ‘‘significant regulatory action’’ under Orig Akron, CO, Akron-Washington County, VOR Executive Order 12866; (2) is not a Sand Point, AK, Sand Point, NDB/DME or RWY 29, Orig GPS–A, Amdt 4, Cancelled Punta Gorda, FL, Charlotte County, VOR or ‘‘significant rule’’ under DOT Sand Point, AK, Sand Point, NDB/DME–A, GPS RWY 3, Orig–A, Cancelled Regulatory Policies and Procedures (44 Amdt 4 Punta Gorda, FL, Charlotte County, VOR FR 11034; February 26, 1979); and (3) Sitka, AK, Sitka Rocky Gutierrez, VOR or RWY 3, Orig–A does not warrant preparation of a GPS–C, Orig, Cancelled Punta Gorda, FL, Charlotte County, VOR or regulatory evaluation as the anticipated Sitka, AK, Sitka Rocky Gutierrez, VOR–C, GPS RWY 21, Amdt 3A, Cancelled impact is so minimal. For the same Orig Punta Gorda, FL, Charlotte County, VOR reason, the FAA certifies that this Soldotna, AK, Soldotna, VOR or GPS–A, RWY 21, Amdt 3A amendment will not have a significant Amdt 6, Cancelled Logansport, IN, Logansport Muni, NDB or Soldotna, AK, Soldotna, VOR–A, Amdt 6 GPS RWY 9, Amdt 2, Cancelled economic impact on a substantial Unalakleet, AK, Unalakleet, VOR/DME or Logansport, IN, Logansport Muni, NDB RWY number of small entities under the GPS–D, Amdt 3, Cancelled 9, Amdt 2 criteria of the Regulatory Flexibility Act. Unalakleet, AK, Unalakleet, VOR/DME–D, Frederick, MD, Frederick, Muni, VOR or List of Subjects in 14 CFR Part 97 Amdt 3 GPS–A, Amdt 1, Cancelled Almyra, AR, Almyra Muni, VOR/DME or Frederick, MD, Frederick, Muni, VOR–A, Air traffic control, Airports, GPS–A, Amdt 4B, Cancelled Amdt 1 Navigation (air). Almyra, AR, Almyra Muni, VOR/DME–A, Palmer, MA, Palmer/Metropolitan, NDB or Amdt 4B GPS RWY 4, Orig, Cancelled Issued in Washington, DC on October 1, Brinkley, AR, Brinkley/Frank Federer Palmer, MA, Palmer/Metropolitan, NDB 1999. Memorial, NDB or GPS–A, Amdt 1A, RWY 4, Orig L. Nicholas Lacey, Cancelled Augusta, ME, Augusta State, VOR or GPS Director, Flight Standards Service. Brinkley, AR, Brinkley/Frank Federer RWY 35, Amdt 5, Cancelled Memorial, NDB–A, Amdt 1A Augusta, ME, Augusta State, VOR RWY 35, Adoption of the Amendment Conway, AR, Conway/Dennis F. Cantrell Amdt 5 Accordingly, pursuant to the Field, NDB or GPS–A, Amdt 1, Cancelled Perryville, MO, Perryville Muni, VOR/DME authority delegated to me, part 97 of the Conway, AR, Conway/Dennis F. Cantrell RNAV or GPS RWY 20, Amdt 3, Cancelled Federal Aviation Regulations (14 CFR Field, NDB–A, Amdt 1 Perryville, MO, Perryville Muni, VOR/DME part 97) is amended as follows: Crossett, AR, Crossett/ZM Jack Stell Field, RNAV RWY 20, Amdt 3 VOR/DME or GPS–A, Orig–B, Cancelled Ardmore, OK, Ardmore Downtown PART 97ÐSTANDARD INSTRUMENT Crossett, AR, Crossett/ZM Jack Stell Field, Executive, VOR or GPS–A, Amdt 13, APPROACH PROCEDURES VOR/DME–A, Orig–B Cancelled Harrison, AR, Harrison/Boone County, VOR Ardmore, OK, Ardmore Downtown 1. The authority citation for part 97 or GPS–A, Amdt 12A, Cancelled Executive, VOR–A, Amdt 13 continues to read: Harrison, AR, Harrison/Boone County, VOR– Guthrie, OK, Guthrie Muni, NDB or GPS A, Amdt 12A RWY 16, Amdt 5, Cancelled Authority: 49 U.S.C. 106(g), 40103, 40106, Little Rock, AR, Little Rock/Adams Field, Guthrie, OK, Guthrie Muni, NDB RWY 16, 40113–40114, 40120, 44502, 44514, 44701, VOR or GPS–A, Orig, Cancelled Amdt 5 44719, 44721–44722. Little Rock, AR, Little Rock/Adams Field, McAlester, OK, McAlester Regional, VOR or 2. Amend 97.23, 97.27, 97.33 and VOR–A, Orig GPS–A, Amdt 12, Cancelled 97.35, as appropriate, by adding, Mena, AR, Mena International Muni, VOR/ McAlester, OK, McAlester Regional, VOR–A, revising, or removing the following DME or GPS–A, Amdt 9, Cancelled Amdt 12 SIAP’s effective at 0901 UTC on the Mena, AR, Mena International Muni, VOR/ McAlester, OK, McAlester Regional, NDB or DME–A, Amdt 9 GPS RWY 1, Amdt 2, Cancelled dates specified: Russellville, AR, Russellville Regional, NDB McAlester, OK, McAlester Regional, NDB or §§ 97.23, 97.27, 97.33, 97.35 [Amended] or GPS–A, Amdt 4A, Cancelled GPS RWY 1, Amdt 2 Russellville, AR, Russellville Regional, NDB– McAlester, OK, McAlester Regional, VOR/ ** * Effective November 4, 1999 A, Amdt 4A DME or GPS RWY 19, Amdt 1A, Cancelled Aniak, AK, Aniak, NDB or GPS–A, Orig, Walnut Ridge, AR, Walnut Ridge Regional, McAlester, OK, McAlester Regional, VOR/ Cancelled VOR/DME or GPS RWY 22, Amdt 12A, DME RWY 19, Amdt 1A Aniak, AK, Aniak, NDB–A, Orig Cancelled Oklahoma City, OK, Wiley Post, VOR or GPS Cordova, AK, Cordova/Merle K (Mudhole) Walnut Ridge, AR, Walnut Ridge Regional, RWY 17L, Amdt 11, Cancelled Smith, NDB or GPS–A, Orig, Cancelled VOR/DME RWY 22, Amdt 12A Oklahoma City, OK, Wiley Post, VOR RWY Cordova, AK, Cordova/Merle K (Mudhole) Warren, AR, Warren Muni, VOR/DME or 17L, Amdt 11 Smith, NDB–A, Orig GPS–A, Amdt 4A, Cancelled Oklahoma City, OK, Wiley Post, VOR or GPS McGrath, AK, McGrath, VOR or GPS–A, Warren, AR, Warren Muni, VOR/DME–A, RWY 35R, Amdt 2, Cancelled Amdt 7, Cancelled Amdt 4A Oklahoma City, OK, Wiley Post, VOR RWY McGrath, AK, McGrath, VOR–A, Amdt 7 Arcata-Eureka, CA, Arcata, VOR or GPS RWY 35R, Amdt 2 McGrath, AK, McGrath, VOR/DME or GPS– 14, Amdt 7, Cancelled Columbia–Mt. Pleasant, TN, Columbia/ C, Orig, Cancelled Arcata-Eureka, CA, Arcata, VOR RWY 14, Maury County, NDB or GPS RWY 24, Amdt McGrath, AK, McGrath, VOR/DME–C, Orig Amdt 7 3C, Cancelled Mekoryuk, AK, Mekoryuk, NDB/DME or Arcata-Eureka, CA, Arcata, VOR/DME or GPS Columbia–Mt. Pleasant, TN, Columbia/ GPS–A, Amdt 3, Cancelled RWY 2, Amdt 7, Cancelled Maury County, NDB RWY 24, Amdt 3C Mekoryuk, AK, Mekoryuk, NDB/DME–A, Arcata-Eureka, CA, Arcata, VOR/DME RWY Portland, TN, Portland Muni, VOR/DME or Amdt 3 2, Amdt 7 GPS RWY 19, Amdt 3, Cancelled Middleton Is., AK, Middleton Is., NDB or Red Bluff, CA, Red Bluff Muni, VOR/DME or Portland, TN, Portland Muni, VOR/DME GPS–A, Orign, Cancelled GPS RWY 15, Amdt 6, Cancelled RWY 19, Amdt 3

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El Paso, TX, El Paso Intl, NDB or GPS RWY ACTION: Temporary rule. Show on each day. The temporary rule 22, Amdt 28A, Cancelled will allow for the expeditious dispersal El Paso, TX, El Paso Intl, NDB GPS RWY 22, SUMMARY: The Commander, Eighth of the heavy volume of vehicular traffic Amdt 28A Coast Guard District is temporarily expected to depart the U.S. Naval Air El Paso, TX, El Paso Intl, VOR or GPS RWY changing the regulation governing the Station, Joint Reserve Base following the 26L, Amdt 29B, Cancelled operation of the State Route 23 vertical event. El Paso, TX, El Paso Intl, VOR or GPS RWY lift span drawbridge across the Gulf 26L, Amdt 29B The Coast Guard has determined that Cable, WI, Cable Union, VOR/DME RNAV or Intracoastal Waterway (Algiers Alternate good cause exists to forego a notice and GPS RWY 34, Amdt 4, Cancelled Route), mile 3.8, at Belle Chasse, comment period for this rulemaking. Cable, WI, Cable Union, VOR/DME RNAV Louisiana. The Temporary rule will Following normal rulemaking RWY 34, Amdt 4 allow the bridge to remain closed to procedures in this instance would be Hayward, WI, Hayward/Sawyer County, navigation from 4 p.m. until 6:45 p.m. impractical because the Coast Guard VOR/DME or GPS RWY 2, Amdt 1, on Saturday, October 30, 1999 and from Bridge Administration Branch did not Cancelled 4 p.m. until 7 p.m. on Sunday, October receive notification of the event in Hayward, WI, Hayward/Sawyer County, 31, 1999. This temporary rule is issued sufficient time to accommodate a notice VOR/DME RWY 2, Amdt 1 to facilitate movement of vehicular Hayward, WI, Hayward/Sawyer County, NDB and comment period. Further, there is or GPS RWY 20, Amdt 12, Cancelled traffic for the New Orleans Open House not enough time to reschedule or delay Hayward, WI, Hayward/Sawyer County, NDB 1999 Air Show, to be held at the U.S. the event. For the above reasons the RWY 20, Amdt 12 Naval Air Station, Joint Reserve Base at Coast Guard has also determined that Belle Chasse, Louisiana. good cause exists to make this [FR Doc. 99–26534 Filed 10–8–99; 8:45 am] DATES: This temporary rule is effective temporary rule effective in less than 30 BILLING CODE 4910±13±M from 4 p.m. on October 30, 1999 until days after publication. 7 p.m. on October 31, 1999. Regulatory Evaluation ADDRESSES: Unless otherwise indicated, DEPARTMENT OF THE TREASURY This temporary rule is not a documents referred to in this notice are significant regulatory action under available for inspection or copying at Internal Revenue Service section 3(f) of Executive Order 12866 the office of the Eighth Coast Guard and does not require an assessment of 26 CFR Part 1 District, Bridge Administration Branch, potential cost and benefits under section Hale Boggs Federal Building, room 6(a)(3) of that order. It has been Income Taxes 1313, 501 Magazine Street, New reviewed by the Office of Management Orleans, Louisiana 70130–3396 between CFR Correction and Budget under that order. It is not 7 a.m. and 4 p.m., Monday through significant under the regulatory policies In Title 26 of the Code of Federal Friday, except Federal holidays. The and procedures of the Department of Regulations, part 1 (§ 1.1401 to End), Bridge Administration Branch of the Transportation (DOT) (44 FR 11040; revised as of Apr. 1, 1999, page 689, eighth Coast Guard District maintains February 26, 1979). § 1.6041–2 is corrected by reinstating the public docket for this rulemaking. The Coast Guard expects the the fourth sentence of paragraph (a)(1) FOR FURTHER INFORMATION CONTACT: Mr. to read as follows: economic impact of this temporary rule Phil Johnson, Bridge Administration to be so minimal that a full Regulatory § 1.6041±2 Return of information as to Branch, Commander (ob), Eighth Coast Evaluation under paragraph 10(e) of the payments to employees. Guard District, 501 Magazine Street, regulatory policies and procedures of (a)(1) In general. * * * For example, New Orleans, Louisiana, 70130–3396, DOT is unnecessary. This is because the if a payment of $700 was made to an telephone number 504–589–2965. number of vessels impaired during the employee and $400 thereof represents SUPPLEMENTARY INFORMATION: closed-to-navigation periods is minimal. wages subject to withholding under Discussion of Temporary Rule All commercial vessels still have ample section 3402 and the remaining $300 opportunity to transit this waterway represents compensation not subject to The State Route 23 vertical lift span before and after the two-hour and 45- withholding, such wages and drawbridge across the Gulf Intracoastal minute closure on October 30 and the compensation must both be reported on Waterway (Algiers Alternate Route), three-hour closure on October 31, 1999. Form W–2. mile 3.8, at Belle Chasse, Louisiana has Additionally, a practical alternate route a vertical clearance of 40 feet above * * * * * of approximately seven additional miles mean high water in the closed-to- is available via the Harvey Canal and [FR Doc. 99–55533 Filed 10–8–99; 8:45 am] navigation position and 100 feet above the Mississippi River. BILLING CODE 1505±01±D mean high water in the open-to- navigation position. Navigation on the Small Entities waterway consists primarily of tugs Under the Regulatory Flexibility Act DEPARTMENT OF TRANSPORTATION with tows, commercial fishing vessels, (5 U.S.C. 601 et seq.), the Coast Guard and occasional recreational craft. must consider whether this temporary Coast Guard The Louisiana Department of rule will have a significant economic Transportation and Development has impact on a substantial number of small 33 CFR Part 117 requested a temporary rule changing the entities. ‘‘Small entities’’ may include [CGD08±99±057] operation of the State Route 23 vertical small businesses, not-for-profit lift span drawbridge. The rule is needed organizations that are independently RIN 2115±AE47 to accommodate the additional volume owned and operated and are not Drawbridge Operating Regulation; Gulf of vehicular traffic that the New Orleans dominant in their fields and Intracoastal Waterway, Algiers Open House Air Show is expected to governmental jurisdictions with Alternate Route, Louisiana generate. Between 150,000 and 200,000 populations of less than 50,000. members of the public are expected to The temporary rule considers the AGENCY: Coast Guard, DOT. attend the New Orleans Open House Air needs of local commercial fishing

VerDate 06-OCT-99 16:10 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.XXX pfrm01 PsN: 12OCR1 55138 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations vessels, as the study of vessels passing Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 EFFECTIVE DATES: This temporary rule is the bridge included such commercial CFR 1.05–1(g); section 117.255 also issued effective on October 1, 1999, vessels. These local commercial fishing under the authority of Pub. L. 102–587, 106 commencing at 6 P.M. CDT until vessels will only be inconvenienced for Stat. 5039. October 13, 1999, ending at 6 P.M. CDT. two hours and 45 minutes on a Saturday 2. Effective October 30, 1999 through FOR FURTHER INFORMATION CONTACT: and three hours on a Sunday on a one- October 31, 1999 § 117.451 is amended COTP New Orleans representative, time basis. Also, there is a practical by suspending paragraph (b) and adding LT(jg) Kevin Lynn at (504) 589–4221. alternate route of approximately seven a new paragraph (f). SUPPLEMENTARY INFORMATION: additional miles via the Harvey Canal § § 117.451 Gulf Intracoastal Waterway. and Mississippi River. Thus, the Regulatory History economic impact is expected to be * * * * * In accordance with 5 U.S.C. 553, a minimal. There is no indication that (f) The draw of the SR 23 bridge, notice of proposed rulemaking was not other waterway users would suffer any Algiers Alternate Route, mile 3.8 at published for this regulation and good type of economic hardship if they are Belle Chasse, shall open on signal; cause exists for making it effective in precluded from transiting the waterway except that from 4 p.m. until 6:45 p.m. less than 30 days after Federal Register during the hours that the draw is on Saturday, October 30, 1999 and from publication. Publishing an NPRM and scheduled to remain in the closed-to- 4 p.m. until 7 p.m. on Sunday, October delaying its effective date would be navigation position. Therefore, the Coast 31, 1999, the draw need not open for the contrary to pubic interest since Guard certifies under 5 U.S.C. 605(b) passage of vessels. immediate action is needed to respond that this temporary rule will not have a Dated: September 30, 1999. to the potential hazards to local marine significant economic impact on a Paul J. Pluta, traffic and personnel involved in substantial number of small entities. Rear Admiral, U.S. Coast Guard, Commander, pollution response and diving Eighth Coast Guard District. operations. Collection of Information [FR Doc. 99–26531 Filed 10–8–99 8:45 am] Background and Purpose This temporary rule does not provide BILLING CODE 4910±15±M for a collection-of-information The hazardous condition requiring requirement under the Paperwork this regulation is a result of personnel Reduction Act of 1995 (44 U.S.C. 3501 DEPARTMENT OF TRANSPORTATION involved in pollution response and et seq.). diving operations on the Lower Coast Guard Mississippi River between 94.0 and mile Federalism 96.0 Above Head of Passes. A safety 33 CFR Part 165 The Coast Guard has analyzed this zone is needed to protect personnel temporary rule under the principles and [COTP New Orleans, LA Reg. 99±026] involved in pollution response and criteria contained in Executive Order underwater diving operations in the 12612 and has determined that this RIN 2115±AA97 area. Entry into this zone is prohibited temporary rule does not have sufficient to all vessels, with the exception of Safety Zone Regulations; Mile 94.0 to implications for federalism to warrant towing vessels operating without tows, Mile 96.0, Lower Mississippi River, the preparation of a Federalism unless authorized by the Captain of the Above Head of Passes Assessment. The authority to regulate Port. This regulation is issued pursuant to 33 U.S.C. 1231 as set out in the the permits of bridges over the navigable AGENCY: Coast Guard, DOT. authority citation for all of Part 165. waters of the U.S. belongs to the Coast ACTION: Temporary Rule. Guard by Federal statutes. Regulatory Evaluation SUMMARY: Environment The Coast Guard is This temporary rule is not a establishing a temporary safety zone significant regulatory evaluation under The Coast Guard considered the from mile 94.0 to mile 96.0, Lower Executive Order 12866 and is not environmental impact of this temporary Mississippi River, Above Head of significant under the ‘‘Department of rule and concluded that under Figure 2– Passess, extending the entire width of Transportation Regulatory Policies and 1, paragraph 32(e) of Commandant the river. The safety zone has been Procedures’’ (44 FR 11040; February 26, Instruction M16475.1C, this temporary established to protect personnel 1979). The Coast Guard expects the rule is categorically excluded from involved in pollution response and economic impact of this rule to be so further environmental documentation. underwater diving operations within the minimal that a full regulatory evaluation A ‘‘Categorical Exclusion channel. Entry into this zone while is unnecessary. This regulation will Determination’’ is available in the divers are deployed is prohibited to all only be in effect for a short period of docket for inspection or copying where vessels, with the exception of towing time, and the impacts on routine indicated under ADDRESES. vessels operating without tows, unless navigation are expected to be minimal. authorized by the Captain of the Port. List of Subjects in 33 CFR Part 117 Entry into this zone while divers are not Collection of Information Bridges. deployed will be managed by the Coast This rule contains no collection of For the reasons set out in the Guard Traffic Light Operator at information requirements under the preamble, the Coast Guard is amending Governor Nicholls Traffic Light, VHF– Paperwork Reduction Act (44 U.S.C. Part 117 of Title 33, Code of Federal FM Channel–67. The Governor Nicholls 3501 et seq.). Regulations, as follows: and Gretna Traffic Lights will be in operation until the safety zone expires. Federalism PART 117ÐDRAWBRIDGE Authorization to enter the safety zone The Coast Guard has analyzed this OPERATION REGULATIONS while divers are deployed will only be rule under the principles and criteria granted during emergency situations contained in Executive Order 12612 and 1. The authority citation for Part 117 which affect the safety of vessels or the has determined that it does not have continues to read as follows: safety of the port. sufficient federalism implications to

VerDate 06-OCT-99 16:10 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.XXX pfrm01 PsN: 12OCR1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations 55139 warrant the preparation of a Federalism Marine Band radio, Channel 22 (157.1 Delaware Department of Natural Assessment. MHZ). Resources & Environmental Control, 89 (c) Regulations. In accordance with Kings Highway, Dover Delaware 19901. Environment the general regulations in § 165.23 of FOR FURTHER INFORMATION CONTACT: Rose The Coast Guard considered the this part, entry into this zone by any Quinto, (215) 814–2182, at the EPA environmental impact of this proposal vessel, with the exception of towing Region III address above, or by e-mail at and concluded that under section 2–1, vessels operating without tows, is [email protected]. paragraph (34)(g) of Commandant prohibited unless authorized by the SUPPLEMENTARY INFORMATION: Instruction M16475.1C, this proposal is Captain of the Port New Orleans. categorically excluded from further Dated: September 22, 1999. I. Background environmental documentation. S. W. Rochon, In accordance with the Clean Air Act, Small Entities Captain, U.S. Coast Guard Captain of the the State of Delaware submitted a 15% Port. plan for its portion of the Philadelphia- Under the Regulatory Flexibility Act Wilmington-Trenton ozone (5 U.S.C. 601 et seq.), the Coast Guard [FR Doc. 99–26679 Filed 10–8–99; 8:45 am] nonattainment area. EPA is now must consider whether this regulation BILLING CODE 4910±15±M converting its conditional approval of will have a significant economic impact the Delaware’s 15% plan SIP revision to on a substantial number of small a full approval. In a rule published on entities. ‘‘Small entities’’ include ENVIRONMENTAL PROTECTION May 19, 1997 (62 FR 27198), EPA independently owned and operated AGENCY granted a conditional approval to the small businesses that are not dominant Delaware’s 15% plan because the State’s in their field and that otherwise qualify 40 CFR Part 52 enhanced inspection and maintenance as ‘‘small business concerns’’ under [DE027±1027a; FRL±6453±5] (I/M) program, one of many control section 3 of the Small Business Act (15 measures adopted by Delaware to U.S.C. 632). Since the impact of this Approval and Promulgation of Air achieve the 15% reduction in VOC regulation on non-participating small Quality Implementation Plans; emissions, had only been conditionally entities is expected to be minimal, the Delaware; 15 Percent Rate of Progress approved at the time. Coast Guard certifies under 5 U.S.C. Plan On July 7, 1999 (64 FR 36635), EPA 605(b)) that this regulation will not have AGENCY: Environmental Protection proposed full approval of Delaware’s a significant economic impact on a Agency (EPA). enhanced I/M SIP. No comments were substantial number of small entities. ACTION: Direct final rule. received during the public comment This regulation will only be in effect for period. EPA has recently published its several days and the impacts on small SUMMARY: EPA is converting its final rule fully approving Delaware’s entities are expected to be minimal. conditional approval of the Delaware’s enhanced I/M SIP. Because Delaware’s List of Subjects in 33 CFR Part 165 State Implementation Plan (SIP) enhanced I/M SIP is fully approved, revision to achieve a 15 percent Harbors, Marine safety, Navigation EPA is now fully approving the 15% reduction in volatile organic compound plan and associated contingency (water), Reporting and recordkeeping (VOC) emissions to a full approval. This requirements, Security measures, measures for Delaware. The effective SIP revision is commonly referred to as date of EPA’s final rule fully approving Vessels, Waterways. the 15% Rate of Progress Plan (the 15% Regulation: In consideration of the Delaware’s enhanced I/M SIP will plan). Delaware fulfilled the condition precede the effective date of this direct foregoing, Subpart F of Part 165 of listed in EPA’s conditional approval Chapter 33, Code of Federal final rule to grant full approval of published on May 19, 1997. The intent Delaware’s 15% plan. Regulations, is amended as follows: effect of this action is to convert the conditional approval of Delaware’s 15% II. EPA Action PART 165Ð[AMENDED] plan to a full approval. EPA is converting its conditional 1. The authority citation for Part 165 DATES: This rule is effective on approval of the Delaware’s 15% plan continues to read as follows: December 13, 1999 without further and associated contingency measures to Authority: 33 U.S.C. 1225 and 1231; 50 notice, unless EPA receives adverse a full approval. An extensive discussion U.S.C. 191; and 33 CFR 1.05–1(g), 6.04–1, written comment by November 12, of the Delaware 15% plan and EPA’s 6.04–6, and 1605; 49 CFR 1.46. 1999. If EPA receives such comments, it rationale for its approval were provided will publish a timely withdrawal of the 2. A new § 165.T08–038 is added to in the previous final rule which direct final rule in the Federal Register read as follows: conditionally approved the 15% plan and inform the public that the rule will (see 62 FR 27198) and shall not be § 165T08±038 Safety Zone: Lower not take effect. restated here. This action to convert our Mississippi River. ADDRESSES: Written comments should conditional approval to a full approval (a) Location. The following areas is a be mailed to David L. Arnold, Chief, is being published without prior safety zone: Lower Mississippi river Ozone and Mobile Sources Branch, proposal because we view this as a from mile 94.0 to mile 96.0 Above head Mailcode 3AP21, U.S. Environmental noncontroversial amendment and of Passes, in the vicinity of Algiers Point Protection Agency, Region III, 1650 because we anticipate no adverse extending the entire width of the river. Arch Street, Philadelphia, Pennsylvania comments. In a separate document in (b) Effective date. This section will 19103. Copies of the documents relevant the ‘‘Proposed Rules’’ section of this become effective on October 1, 1999 at to this action are available for public Federal Register publication, we are 6 P.M. CDT. It will be terminated on inspection during normal business proposing to fully approve the October 13, 1999, at 6 P.M. CDR. The hours at the Air Protection Division, Delaware’s 15% plan SIP revision if Captain of the Port will notify the public U.S. Environmental Protection Agency, adverse comments are filed. This action of changes in the status of this zone by Region III, 1650 Arch Street, will be effective without further notice Marine Radio Safety Broadcasts on VH Philadelphia, Pennsylvania 19103; and unless we receive relevant adverse

VerDate 06-OCT-99 10:21 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\A12OC0.073 pfrm04 PsN: 12OCR1 55140 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations comment by November 12, 1999. If we Executive Order 12612. The rule affects E. Regulatory Flexibility Act receive such comment, we will publish only one State, and does not alter the The Regulatory Flexibility Act (RFA) a timely withdrawal in the Federal relationship or the distribution of power generally requires an agency to conduct Register informing the public that the and responsibilities established in the a regulatory flexibility analysis of any rule will not take effect. We will address Clean Air Act. rule subject to notice and comment all public comments in a subsequent C. Executive Order 13045 rulemaking requirements unless the final rule based on the proposed rule. agency certifies that the rule will not Any parties interested in commenting E.O. 13045, entitled ‘‘Protection of Children from Environmental Health have a significant economic impact on must do so at this time. If no such a substantial number of small entities. comments are received by November 12, Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), applies to any rule that Small entities include small businesses, 1999, you are advised that this action small not-for-profit enterprises, and will be effective on December 13, 1999. the EPA determines (1) is ‘‘economically significant,’’ as defined under E.O. small governmental jurisdictions. This III. Administrative Requirements 12866, and (2) the environmental health final rule will not have a significant impact on a substantial number of small A. Executive Order 12866 or safety risk addressed by the rule has a disproportionate effect on children. If entities because SIP approvals under The Office of Management and Budget the regulatory action meets both criteria, section 110 and subchapter I, part D of (OMB) has exempted this regulatory the Agency must evaluate the the Clean Air Act do not create any new action from review under E.O. 12866, environmental health or safety effects of requirements but simply approve entitled ‘‘Regulatory Planning and the planned rule on children and requirements that the State is already Review.’’ explain why the planned regulation is imposing. Therefore, because the Federal SIP approval does not create B. Executive Orders on Federalism preferable to other potentially effective and reasonably feasible alternatives any new requirements, I certify that this Under E.O. 12875, EPA may not issue considered by the Agency. This final action will not have a significant a regulation that is not required by rule is not subject to E.O. 13045 because economic impact on a substantial statute and that creates a mandate upon it is not an economically significant number of small entities. Moreover, due a state, local, or tribal government, regulatory action as defined by E.O. to the nature of the Federal-State unless the Federal government provides 12866, and it does not address an relationship under the Clean Air Act, the funds necessary to pay the direct environmental health or safety risk that preparation of a flexibility analysis compliance costs incurred by those would have a disproportionate effect on would constitute Federal inquiry into governments. If EPA complies by children. the economic reasonableness of state consulting, E.O. requires EPA to provide action. The Clean Air Act forbids EPA to the Office of Management and Budget D. Executive Order 13084 to base its actions concerning SIPs on a description of the extent of EPA’s Under E.O. 13084, EPA may not issue such grounds. Union Electric Co. v. U.S. prior consultation with representatives a regulation that is not required by EPA, 427 U.S. 246, 255–66 (1976); 42 of affected state, local, and tribal statute, that significantly affects or U.S.C. 7410(a)(2). governments, the nature of their uniquely affects the communities of concerns, copies of written Indian tribal governments, and that F. Unfunded Mandates communications from the governments, imposes substantial direct compliance Under section 202 of the Unfunded and a statement supporting the need to costs on those communities, unless the Mandates Reform Act of 1995 issue the regulation. In addition, E.O. Federal government provides the funds (‘‘Unfunded Mandates Act’’), signed 12875 requires EPA to develop an necessary to pay the direct compliance into law on March 22, 1995, EPA must effective process permitting elected costs incurred by the tribal prepare a budgetary impact statement to officials and other representatives of governments. If EPA complies by accompany any proposed or final rule state, local, and tribal governments ‘‘to consulting, Executive Order 13084 that includes a Federal mandate that provide meaningful and timely input in requires EPA to provide to the Office of may result in estimated annual costs to the development of regulatory proposals Management and Budget, in a separately State, local, or tribal governments in the containing significant unfunded identified section of the preamble to the aggregate; or to private sector, of $100 mandates.’’ Today’s rule does not create rule, a description of the extent of EPA’s million or more. Under section 205, a mandate on state, local or tribal prior consultation with representatives EPA must select the most cost-effective governments. The rule does not impose of affected tribal governments, a and least burdensome alternative that any enforceable duties on these entities. summary of the nature of their concerns, achieves the objectives of the rule and Accordingly, the requirements of and a statement supporting the need to is consistent with statutory section 1(a) of E.O. 12875 do not apply issue the regulation. In addition, requirements. Section 203 requires EPA to this rule. Executive Order 13084 requires EPA to to establish a plan for informing and On August 4, 1999, President Clinton develop an effective process permitting advising any small governments that issued a new executive order on elected and other representatives of may be significantly or uniquely federalism, Executive Order 13132, (64 Indian tribal governments ‘‘to provide impacted by the rule. EPA has FR 43255 (August 10, 1999)), which will meaningful and timely input in the determined that the approval action take effect on November 2, 1999. In the development of regulatory policies on promulgated does not include a Federal interim, the current Executive Order matters that significantly or uniquely mandate that may result in estimated 12612 (52 FR 41685 (October 30, 1987)), affect their communities.’’ Today’s rule annual costs of $100 million or more to on federalism still applies. This rule does not significantly or uniquely affect either State, local, or tribal governments will not have a substantial direct effect the communities of Indian tribal in the aggregate, or to the private sector. on States, on the relationship between governments. This action does not This Federal action approves pre- the national government and the States, involve or impose any requirements that existing requirements under State or or on the distribution of power and affect Indian Tribes. Accordingly, the local law, and imposes no new responsibilities among the various requirements of section 3(b) of E.O. requirements. Accordingly, no levels of government, as specified in 13084 do not apply to this rule. additional costs to State, local, or tribal

VerDate 06-OCT-99 16:10 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.XXX pfrm01 PsN: 12OCR1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations 55141 governments, or to the private sector, § 52.426 Control strategy: ozone. Specifically, we stated that the revised result from this action. EPA fully approves, as a revision to limits allow for higher opacity emissions during fluxing operations at G. Submission to Congress and the the Delaware State Implementation Plan, the 15 Percent Rate of Progress two furnaces. In fact, the revised limits Comptroller General Plan for the Delaware portion of the allow for higher opacity emissions The Congressional Review Act, 5 Philadelphia-Wilmington-Trenton during fluxing operations at two U.S.C. 801 et seq., as added by the Small severe ozone nonattainment, namely complexes—each of which contains two Business Regulatory Enforcement Kent and New Castle Counties, furnaces. We correctly stated this Fairness Act of 1996, generally provides submitted by the Secretary of Delaware information in section III. What Are the that before a rule may take effect, the Department of Natural Resources and Provisions of the Temporary Opacity agency promulgating the rule must Environmental Control on February 17, Limits? of the SUPPLEMENTARY submit a rule report, which includes a 1995. INFORMATION which begins at the top of copy of the rule, to each House of the 3. Section 52.424(a) is removed and the first column on page 40288. We Congress and to the Comptroller General reserved. regret any inconvenience this of the United States. EPA will submit a [FR Doc. 99–26195 Filed 10–8–99; 8:45 am] inadvertent error may have caused. report containing this rule and other BILLING CODE 6560±50±P Authority: 42 U.S.C. 7401 et seq. required information to the U.S. Senate, Dated: September 23, 1999. the U.S. House of Representatives, and Francis X. Lyons, the Comptroller General of the United ENVIRONMENTAL PROTECTION States prior to publication of the rule in AGENCY Regional Administrator, Region 5. the Federal Register. This rule is not a [FR Doc. 99–26071 Filed 10–8–99; 8:45 am] ‘‘major rule’’ as defined by 5 U.S.C. 40 CFR Part 52 BILLING CODE 6560±50±P 804(2). [IN96±2; FRL±6452±6] H. Petitions for Judicial Review ENVIRONMENTAL PROTECTION Approval and Promulgation of AGENCY Under section 307(b)(1) of the Clean Implementation Plans; Indiana Air Act, petitions for judicial review of AGENCY: 40 CFR Part 62 this action to fully approve the State of Environmental Protection Delaware’s 15% plan must be filed in Agency (EPA). Approval and Promulgation of State the United States Court of Appeals for ACTION: Final rule; correction. Plans for Designated Facilities and the appropriate circuit by December 13, Pollutants SUMMARY: On July 26, 1999, the EPA 1999. Filing a petition for published a direct final rule approving reconsideration by the Administrator of CFR Correction as amendments to the Indiana State this final rule does not affect the finality Implementation Plan, temporary revised In Title 40 of the Code of Federal of this rule for the purposes of judicial opacity limits for two processes at Regulations, parts 61 to 62, revised as of review nor does it extend the time ALCOA Warrick Operations, which July 1, 1999, page 296, the authority within which a petition for judicial were submitted by the Indiana citation for part 62 is correctly revised review may be filed, and shall not Department of Environmental to read ‘‘42 U.S.C. 7401–7671q’’. postpone the effectiveness of such rule Management on December 8, 1998. The [FR Doc. 99–55534 Filed 10–8–99; 8:45 am] or action. This action may not be preamble of that direct final rule challenged later in proceedings to BILLING CODE 1505±01±D incorrectly identified some of the enforce its requirements. (See section subject sources. This action corrects this 307(b)(2).) inadvertent error. ENVIRONMENTAL PROTECTION List of Subjects in 40 CFR Part 52 EFFECTIVE DATE: October 12, 1999. AGENCY Environmental protection, Air FOR FURTHER INFORMATION CONTACT: 40 CFR Part 201 pollution control, Hydrocarbons, David Pohlman, Environmental Intergovernmental relations, Ozone. Scientist, Regulation Development Noise Emission Standards for Section, Regulation Development Transportation Equipment; Interstate Dated: September 23, 1999. Branch (AR–18J), U.S. Environmental Rail Carriers W. Michael McCabe, Protection Agency, Region 5, 77 West Regional Administrator, Region III. Jackson Boulevard, Chicago, Illinois CFR Correction 60604, (312) 886–3299. 40 CFR Part 52 is amended as follows: In Title 40 of the Code of Federal SUPPLEMENTARY INFORMATION: Regulations, parts 190 to 259, revised as Throughout this document wherever PART 52Ð[AMENDED] of July 1, 1999, page 68, § 201.24 is ‘‘we’’, ‘‘us’’, or ‘‘our’’ are used, we mean corrected by removing the formula at EPA. In the July 26, 1999, Federal 1. The authority citation for part 52 the end of the section and reinstating Register document (64 FR 40287) in continues to read as follows: Figure 1 in its place as follows: Authority: 42 U.S.C. 7401–7671q. both the SUMMARY in the second column on page 40287 and in section I. What Is § 201.24 Procedures for measurement at a Subpart IÐDelaware the EPA Approving? of the 30 meter (100 feet) distance of the noise SUPPLEMENTARY INFORMATION in the third from locomotive and rail car operations and 2. Section 52.426 is added to read as column on page 40287, we incorrectly locomotive load cell test stands. follows: identified some of the subject sources. * * * * *

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30 METERS

MICROPHONE LOCATION 30 METERS

Figure 1. Test Site Clearance Requirement for Stationary Locomotive, Locomotive Pass-by, Rail Car Pass-by, and Locomotive Load Cell Test Stand Tests.

[FR Doc. 99–55535 Filed 10–8–99; 8:45 am] the Resource Conservation and publishing a timely withdrawal in the BILLING CODE 1505±01±D Recovery Act (RCRA). EPA has Federal Register. determined that these changes satisfy all ADDRESSES: Send written comments to requirements needed to qualify for Final Nina Kocourek, U.S. EPA, Region 10, ENVIRONMENTAL PROTECTION authorization with one exception WCM–122, 1200 Sixth Avenue, Seattle, AGENCY discussed later in this rulemaking. WA 98101, phone number: (206) 553– 6502. You can view and copy 40 CFR Part 271 Unless adverse written comments are received during the review and Washington’s application during normal [FRL±6449±8] comment period provided in this business hours at the following immediate final rule, EPA’s decision is addresses: U.S. EPA, Region 10, Library, Washington: Final Authorization of to authorize the State’s changes through 1200 Sixth Avenue, Seattle, WA 98101, State Hazardous Waste Management this final action. contact at (206) 553–1259; and the Program Revision Washington Department of Ecology, 300 DATES: This Final authorization for AGENCY: Environmental Protection Desmond Drive, Lacey, WA 98503, Washington shall be effective January Agency (EPA). contact Patricia Hervieux, (360) 407– 11, 2000 if EPA receives no adverse 6756. ACTION: Immediate final rule. comment on this document by FOR FURTHER INFORMATION CONTACT: SUMMARY: Washington has applied to November 12, 1999. Should EPA receive Nina Kocourek, EPA Region 10, WCM– EPA for Final authorization of changes adverse comments, EPA will withdraw 122, 1200 Sixth Avenue, Seattle, WA to its hazardous waste program under this rule before the effective date by 98101, phone number: (206) 553–6502.

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SUPPLEMENTARY INFORMATION: authorized for the requirements. Thus, particular change to the State hazardous EPA will implement those requirements waste program, we will withdraw that A. Why Are Revisions to State and prohibitions in Washington, part of today’s authorization rule. Programs Necessary? including issuing permits, until the However, the authorization of the States which have received final State is granted authorization to do so. program changes that are not opposed authorization from EPA under RCRA C. What Is the Effect of Today’s by any comments will become effective Section 3006(b), 42 U.S.C. 6926(b), must Authorization Decision? on the date specified. The Federal maintain a hazardous waste program Register withdrawal document will that is equivalent to, consistent with, The effect of this authorization specify which part of the authorization and no less stringent than the Federal decision is that a facility in Washington will become effective and which part is program. As the Federal program subject to RCRA will now have to being withdrawn. Any parties interested changes, States must change their comply with the authorized State in commenting should do so in programs and ask EPA to authorize the requirements and with the federal accordance with the time frame changes. Changes to State programs may HSWA provisions for which the State is provided in today’s Federal Register. be necessary when Federal or State not authorized in order to comply with We will address all public comments in statutory or regulatory authority is RCRA. Washington has enforcement a later Federal Register. You will not modified or when certain other changes responsibilities under its State have another opportunity to comment. If occur. Most commonly, States must hazardous waste program for violations you want to comment on this action, change their programs because of of its currently authorized program, but you must do so at this time. changes to EPA’s regulations in 40 Code EPA retains its authority under RCRA E. What Has Washington Previously of Federal Regulations (CFR) Parts 124, sections 3007, 3008, 3013, and 7003, Been Authorized For? 260 through 266, 268, 270, 273, and 279. which include, among others, authority to: Washington initially received Final B. What Decisions Have We Made in • Do inspections and require authorization on January 30, 1986, This Rule? monitoring, tests, analyses, or reports. effective January 31, 1986 (51 FR 3782) • Enforce RCRA requirements and We conclude that Washington’s to implement the RCRA hazardous suspend or revoke permits. application to revise its authorized • Take enforcement actions regardless waste management program. We granted program meets all of the statutory and of whether the State has taken its own authorization for changes to their regulatory requirements established by actions. program on September 22, 1987 RCRA. Therefore, we grant Washington • Take an action where a situation effective on November 23, 1987 (52 FR Final authorization to operate its may present an imminent and 35556); August 17, 1990 effective hazardous waste program with the substantial endangerment to health or October 16, 1990 (55 FR 33695); changes described in the authorization the environment. November 4, 1994 effective November 4, application with the exception of the This action does not impose 1994 (59 FR 55322); February 29, 1996 State’s designation of characteristic additional requirements on the effective on April 29, 1996 (41 FR 7736); antifreeze as a state-only waste. regulated community because the and September 22, 1998 effective on Washington has responsibility for regulations for which Washington is October 22, 1998 (63 FR 50531). permitting Treatment, Storage, and requesting authorization are already F. What Changes Are We Authorizing Disposal Facilities (TSDFs) within its effective, and are not changed by this With Today’s Action? borders and on the non-trust lands approval. Therefore, if the EPA does not within the 1873 Survey Area of the receive adverse written comment on On July 27, 1999, we received Puyallup Reservation as defined in the Washington’s application for program submittal of an official program revision settlement agreement between the revision by the end of the comment application seeking authorization of Puyallup Tribe, Federal, State and local period, the authorization of their changes in accordance with 40 governments dated August 27, 1988. Washington’s revision shall become CFR 271.21. On August 12, 1999, we EPA retains jurisdiction and authority to effective on January 11, 2000 and EPA determined Washington’s official implement RCRA over trust lands and will take no further action on the program revision application to be over Indians and Indian activities companion document appearing in the complete. We are now making a Final within the 1873 Survey Area. The Proposed Rules section of today’s decision, subject to receipt of written authorized program is responsible for Federal Register. comments that oppose this action, that carrying out the aspects of the RCRA Washington’s hazardous waste program program described in its revised D. What Happens If EPA Receives revision, with the exception of the program application, subject to the Comments That Oppose This Action? State’s designation of characteristic limitations of the Hazardous and Solid If the Agency does receive adverse antifreeze as a state-only waste, satisfies Waste Amendments of 1984 (HSWA) written comment, it will publish a all of the requirements necessary to and the limitation of this authorization notice withdrawing this immediate final qualify for Final authorization. The with respect to the State’s designation of rule before its effective date. EPA then following table indicates those federal characteristic antifreeze as a state-only will address the comment(s) in a later rules and the analogous Washington waste. New Federal requirements and final rule based on the companion state authorities that are receiving final prohibitions imposed by Federal document appearing in the Proposed authorization. All of these analogous regulations that EPA promulgates under Rules section of today’s Federal state authorities were legally adopted the authority of HSWA take effect in Register. If we receive comments that and were effective as of February 11, authorized States before they are oppose only the authorization of a 1998.

Checklist Federal requirements Federal Register Analogous State Authority (WAC 173±303±. . .)

17H ...... Double Liners ...... 50 FR 28702, 07/15/85 ...... 650:(2)(a); (2)(i); (k); (l); (m); (c)(f), 665:(2)(a); (2)(h); (2)(i); (2)(k); (2)(l); (c)±(f), 400:(3)(a).

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Checklist Federal requirements Federal Register Analogous State Authority (WAC 173±303±...)

17F ...... Liquids in Landfills I ...... 50 FR 28702, 07/15/85 ...... 140:(4)(b); (4)(b)(i); (4)(b)(iv); (4)(b)(iv)(A); (4)(b)(iv)(B), 400:(3)(a). 17I ...... Ground-Water Monitoring ...... 50 FR 28702, 07/15/85 ...... 645:(1)(b), 650:(3); (4)(b)(iii); (6)(b)(ii), 660:(5)(b)(ii), 665:(4)(b)(ii); (6)(b)(ii). 17N ...... Permit Life ...... 50 FR 28702, 07/15/85 ...... 830:(3)(a)(v), 806:(11)(d). 21 ...... Listing of EDB wastes ...... 51 FR 5327, 02/13/86 ...... 9904, 110:(3)(f), 082:(4). 22 ...... Listings of Four Spent Solvents 51 FR 6537, 02/25/86 ...... 9903, 9904, 110:(3)(f); 082:(4), 9905. 31 ...... Exports of Hazardous Waste* .. 51 FR 28664, 08/08/86 ...... 070:(8)(b)(iii), 230:(1); (2); (3)(b), 120:(2)(a)(i), 220:(1)(a), 600:(3)(f), 160:(2)(b), 180:(1), 240:(3)(a), 250:(9)(c). 32 ...... Standards for Generators- 51 FR 35190, 10/01/86 ...... 180:(1). Waste Minimization Certifi- cation. 42 ...... Exception Reporting for Small 52 FR 35894, 09/23/87 ...... 220: (2)(a); (2)(b) & (c), 210 & 220. 52 Quantity Generators of Hazardous Waste*. 44C ...... Corrective Action for Injection 52 FR 45788, 12/01/87 ...... (WAC 173±216±050): 400:(2)(c)(ii), 802:(3). Wells*. 44D ...... Permit Modification ...... 52 FR 45788, 12/01/87 ...... 830:(3)(a)(iii). 44E ...... Permit as a Shield Provision .... 52 FR 45788, 12/01/87 ...... 810:(8). 44F ...... Permit Conditions to Protect 52 FR 45788, 12/01/87 ...... 800:(11). Human Health and the Envi- ronment. 44G ...... Post-Closure Permits ...... 52 FR 45788, 12/01/87 ...... 802:(2), 806:(4)(a)(xiii), 800:(9); (9)(a); (9)(b); (9)(b)(i); (9)(b)(ii); (10)(a); (10)(b); (10)(c). 47 ...... Identification and Listing of 53 FR 27162, 07/19/88 ...... 070:(8)(a)(ii) & (iii). Hazardous Waste; Technical Correction. 56 ...... Identification and Listing of 53 FR 43878, 10/31/88 ...... 9903, 9905. Hazardous Waste; Removal of Iron Dextran from the List of Hazardous Wastes. 57 ...... Identification and Listing of 53 FR 43881, 10/31/88 ...... 9903, 9905. Hazardous Waste; Removal of Strontium Sulfide from the List of Hazardous Waste. 64 ...... Delay of Closure Period for 54 FR 33376, 08/14/89 ...... 300:(2); (4)(a); (5)(a), 610:(3)(c)(ii)(A); (3)(c)(ii)(B); (4)(a); Hazardous Waste Manage- (4)(a)(ii)(A); (4)(b); (4)(b)(ii)(A); (4)(c); (4)(d); (4)(d)(i); ment Facilities*. (4)(d)(i)(A); (4)(d)(i)(B); (4)(d)(i)(C); (4)(d)(i)(D); (4)(d)(i)(E); (4)(d)(ii); (4)(d)(iii); (4)(d)(iv); (4)(e); (4)(e)(i); (4)(e)(i)(A); (4)(e)(i)(B); (4)(e)(ii); (4)(e)(iii); (4)(e)(iv); (4)(e)(iv)(A); (4)(e)(iv)(B); (4)(e)(iv)(C); (4)(e)(v); (4)(e)(vi); (4)(e)(vii); (4)(e)(vii)(A); (4)(e)(vii)(B); (4)(e)(vii)(C); (4)(e)(vii)(D); (4)(e)(vii)(E), 620:(3)(a)(iii); (3)(a)(iv), 300:(2);(4)(a); (5)(a), 400:(3)(a), 830:Appendix 1 D.(1)(f). 67 ...... Testing and Monitoring Activi- 54 FR 40260, 09/29/89 ...... 110:(3)(a); (3)(f). ties. 68 ...... Reportable Quantity Adjustment 54 FR 41402, 10/06/89 ...... 9904, 110:(3)(f), 082:(4). Methyl Bromide Production Waste. 69 ...... Reportable Quantity Adjustment 54 FR 50968, 12/11/89 ...... 9904, 082:(4), 9905. 72 ...... Modification of F019 Listing ..... 55 FR 5340, 02/14/90 ...... 9904. 73 ...... Testing and Monitoring Activi- 55 FR 8948, 03/09/90 ...... 110:(3)(a), 110:(3)(f). ties; Technical Corrections. 75 ...... Listing of 1,1- 55 FR 18496, 05/02/90 ...... 9904, 110:(3)(f), 082:(4). Dimethylhydrazine Produc- tion Wastes. 77 ...... HSWA Codification Rule; Dou- 55 FR 19262, 05/09/90 ...... 650:(2)(j), 665:(2)(h). ble Liners; Correction. 79 ...... Hazardous Waste Treatment, 55 FR 25454, 06/21/90 ...... 110:(3)(g), 120:(4)(c); (4)(d); (4)(e), 300:(5)(f); 320:(2)(c), Storage, and Disposal Facili- 380:(1)(c); (1)(f), 390:(3)(d), 690:(1)(a); (1)(b); (1)(b)(i); tiesÐOrganic Air Emission (1)(b)(ii); (1)(b)(iii); (2), 691:(1)(a); (1)(b); (b)(i); Standards for Process Vents (1)(b)(ii); (1)(c); (1)(d); (1)(e);(2); 300:(5)(f), 320:(2)(c), and Equipment Leaks. 380:(1)(c); (1)(f), 390:(3)(d), 400:(3)(a), 806:(4)(a)(v); (4)(a)(viii)(D); (4)(a)(viii)(E); (4)(a)(viii)(F); (4)(j); (4)(j)(i); (j)(ii); (4)(j)(ii)(A); (4)(j)(ii)(B); (4)(j)(ii)(C); (4)(j)(iii); (4)(j)(iv); (4)(j)(iv)(A); (4)(j)(iv)(B); (4)(j)(iv)(C); (4)(j)(iv)(D); (4)(j)(iv)(E); (4)(k); (4)(k)(i); (4)(k)(i)(A); (4)(k)(i)(B); (4)(k)(i)(C); (4)(k)(i)(D); (4)(k)(i)(E); (4)(k)(i)(F); (4)(k)(ii); (4)(k)(iii); (4)(k)(iv); (4)(k)(v); (4)(k)(v)(A); (4)(k)(v)(B); (4)(k)(v)(C); (4)(k)(v)(D); (4)(k)(v)(E).

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Checklist Federal requirements Federal Register Analogous State Authority (WAC 173±303±...)

81 ...... Petroleum Refinery Primary 55 FR 46354, 11/02/90; as 9904, 9904; ftnote: 2; 2(a); 2(b)(i); 2(b)(i)(i); 2(b)(i)(ii); and Secondary Oil/Water/ amended on 12/17/90 at 55 2(b)(i)(iii); 2(b)(ii); 2(b)(ii)(i); 2(b)(ii)(ii); 2(c)(i); 2(c)(ii); Solids Separation Sludge FR 51707. 2(c)(ii)(A); 2(c)(ii)(B), 082:(4). Listings (F037 & F038). 84 ...... Toxicity Characteristic; 56 FR 5910, 02/13/91 ...... 506: (2)(3). Chlorofluoro-carbon Refrigerants*. 86 ...... Removal of Strontium Sulfide 56 FR 7567, 02/25/91 ...... 9903, 9904. From the List of Hazardous Wastes; Technical Amend- ment. 87 ...... Organic Air Emission Stand- 56 FR 19290, 04/26/91 ...... 690: (1)(a); (1)(b); (2), 691:(2), 300:(5)(f), 380:(1)(c), ards for Process Vents and 400:(3)(a), 806:(4)(j)(iv)(B); (4)(k)(v)(B). Equipment Leaks; Technical Amendment. 89 ...... Revision to the Petroleum Re- 56 FR 21955, 05/13/91 ...... 9904. fining Primary and Secondary Oil/Water/Solids Separation Sludge Listings (F037 and F038). 97 ...... Exports of Hazardous Waste; 56 FR 43704, 09/04/91 ...... 230:(1). Technical Correction. 99 ...... Amendments to Interim Status 56 FR 66365, 12/23/91 ...... 040, 400:(3)(a). Standards for Downgradient Ground-Water Monitoring Well Locations. 100 ...... Liners and Leak Detection Sys- 57 FR 3462, 01/29/92 ...... 040, 320:(2)(c), 335:(1); (1)(a); (1)(b); (1)(b)(i); (1)(b)(ii); tems for Hazardous Waste (1)(b)(iii); (1)(b)(iv); (1)(b)(v); (1)(b)(vi); (2); (2)(a); Land Disposal Units. (2)(b); (2)(c); (3); (3)(a); (3)(a)(i); (3)(a)(ii); (3)(a)(iii); (3)(b); (4), 380:(1)(f), 650:(2)(j); (2)(j)(i); (2)(j)(i)(A); (2)(j)(i)(B); (2)(j)(ii); (2)(j)(iii); (2)(j)(iii)(A); (2)(j)(iii)(B); (2)(j)(iii)(C); (2)(j)(iii)(D); (2)(j)(iii)(E); (2)(j)(iv); (2)(j)(v); (2)(k); (2)(k)(i); (2)(k)(ii); (2)(m); (2)(m)(i); (2)(m)(ii); (2)(f); (g) (h); (i); (10)(a); (10)(b); (11)(a); (11)(b); (11)(b)(i); (11)(b)(ii); (11)(b)(iii); (11)(b)(iv); (11)(b)(v); (11)(b)(vi); (11)(c); (11)(c)(i); (11)(c)(ii); (11)(c)(iii); (11)(c)(iv); (4)(d)(i); (4)(d)(ii); (4)(d)(iii); (6)(b)(ii); (6)(b)(iii); (6)(b)(iv), 660:(2)(j); (2)(j)(i); (2)(j)(i)(A); (2)(j)(i)(B); (2)(j)(i)(C); (2)(j)(ii); (2)(j)(iii); (2)(j)(iii)(A); (2)(j)(iii)(B); (2)(j)(iii)(C); (2)(j)(iii)(D); (2)(j)(iii)(E); (2)(j)(iv); (2)(j)(v); (2)(k); (2)(k)(i); (2)(k)(ii); (2)(l); (2)(m); (2)(m)(i); (2)(m)(ii); (2)(d)(e); (f); (g); (h) & (i); (3)(a); (4)(a); (4)(b); (4)(b)(i); (4)(b)(ii); (4)(b)(iii); (4)(b)(iv); (4)(b)(v); (4)(b)(vi); (4)(c); (4)(c)(i)(A); (4)(c)(i)(B); (4)(c)(i)(C); (4)(c)(ii); (5)(c), 665:(h); (2)(h)(i); (2)(h)(i)(A); (2)(h)(i)(B); (2)(h)(i)(C); (2)(h)(ii); (2)(h)(iii); (2)(h)(iii)(A); (2)(h)(iii)(B); (2)(h)(iii)(C); (2)(h)(iii)(D); (2)(h)(iii)(E); (2)(h)(iv); (2)(h)(v); (j); (j)(i); (j)(ii); (2)(l); (2)(l)(i); (2)(l)(ii); (2)(c)±(g); (8)(a); (8)(b); (4)(c)(i); (4)(c)(ii); (4)(c)(iii); (9)(a); (9)(b); (9)(b)(i); (9)(b)(ii); (9)(b)(iii); (9)(b)(iv); (9)(b)(v); (9)(b)(vi); (9)(c); (9)(c)(i); (9)(c)(ii); (9)(c)(iii); (9)(c)(iv); (6)(b)(ii); (6)(b)(iv)±(vi), 320:(2)(c), 400:(3)(a), 380:(1)(f), 810:(8)(a); (8)(a)(i); (8)(a)(ii); (8)(a)(iii), 806:(4)(d)(ii); (4)(d)(ii)(D); (4)(d)(ii)(E); (4)(d)(ii)(F); (4)(d)(ii)(G); (4)(d)(ii)(B) & (C); (d)(iv); (4)(e)(iii); (4)(e)(iii)(A)(I); (4)(e)(iii)(A)(II); (4)(e)(iii)(A)(III); (4)(e)(iii)(A)(IV); (4)(e)(iii)(A)(V); (4)(e)(v); (4)(h)(ii); (4)(h)(ii)(A)(I); (4)(h)(ii)(A)(II); (4)(h)(ii)(A)(III); (4)(h)(ii)(A)(IV); (4)(h)(ii)(A)(V); (4)(h)(iv), 830 appendix 1. 113 ...... Consolidated Liability Require- 53 FR 33938, 09/01/88; 56 FR 620: (2)(h); (4)(b); (6)(b); (8)(a); (8)(b); (8)(f); (10), ments: Financial Responsi- 30200, 07/01/91; 57 FR 400:(3)(a). bility for Third-Party Liability, 42832, 09/16/92. Closure, and Post-Closure. 115 ...... Chlorinated Toluenes Produc- 57 FR 47376, 10/15/92 ...... 9904, 082:(4). tion Waste Listing. 118 ...... Liquids in Landfills II ...... 57 FR 54452, 11/18/92 ...... 040, 300:(6)(c), 140:(4)(b)(i); (4)(b)(ii)(A)(II); (4)(b)(iv); (4)(b)(iv)(A); (4)(b)(iv)(A)(I); (4)(b)(iv)(A)(II); (4)(b)(iv)(A)(III); (4)(b)(iv)(B); (4)(b)(iv)(B)(I); (4)(b)(iv)(B)(II); (4)(b)(v); (4)(b)(v)(A); (4)(b)(v)(B), 161:(2); (3), 400:(3)(a).

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Checklist Federal requirements Federal Register Analogous State Authority (WAC 173±303±...)

119 ...... Toxicity Characteristic Revision; 57 FR 55114, 11/24/92; as 110:(3)(f). TCLP Correction. amended on 02/02/93 at 58 FR 6854. 137 ...... Universal Treatment Standards 59 FR 47982, 09/19/94; as 017:(5)(a); (5)(a)(ii); (5)(b)(i); (5)(b)(ii); (6); (7); (7)(a); and Treatment Standards for amended at 60 FR 242, 01/ (7)(b); (2)(iii), 600:(3)(n), 400:(2)(c)(ix), 505:(2)(c), Organic Toxicity Characteris- 03/95. 140:(2)(a). tics Wastes and Newly Listed Waste (HSWA/Non-HSWA). 14 ...... Dioxin Waste Listing and Man- 50 FR1978, 01/14/85 ...... 070:(8)(a); (7)(a), 081:(2)(a)(iv) & 082:(2)(b), 160:(2)(a); agement Standards*. (2)(b)&(c), 082:(2)(a); 9904, 9903, 110:(3)(c); 082:(5); 9905, 110:(3)(d); 630:(7)(c), 650:(9)(a); (9)(b), 660:(10)(a); (10)(b), 655:(12)(a); (12)(b), 140:(2)(a), 600:(6) & 665:(1); 670:(4)(a)(i), 400:(3)(a), 806:(4)(a)(vii); (4)(c)(vii); (4)(d)(x); (4)(e)(x); (4)(g)(viii); (4)(h)(vii). 60 ...... Amendment to Requirements 54 FR 4286, 01/30/89 ...... 807:(10). for Hazardous Waste Inciner- ator Permits. 49 & 129 (Con- Identification and Listing of 53 FR 27290, 07/29/88; 59 FR 040, 071:(3)(r)(i); (3)(r)(i)(A); (3)(r)(i)(B); (3)(r)(i)(C); solidated Hazardous Waste; Treat- 8362, 02/18/94. (3)(r)(ii); (3)(r)(ii)(A); (3)(r)(ii)(B); (3)(r)(ii)(C); Checklist). ability Studies Sample (3)(r)(ii)(C)(I); (3)(r)(ii)(C)(II); (3)(r)(ii)(D); (3)(r)(ii)(E); Exemption* as of 06/30/94. (3)(r)(ii)(E)(I)±(III); (3)(r)(ii)(F); (3)(r)(iii); (3)(r)(iii); (3)(r)(iii)(A); (3)(r)(iii)(B); (3)(r)(iii)(C); (3)(r)(iii)(C)(I); (3)(r)(iii)(C)(II); (3)(r)(iii)(C)(III); (3)(r)(iii)(C)(IV); (3)(r)(iii)(C)(V); (3)(s); (3)(s)(i); (3)(s)(ii); (3)(s)(iii); (3)(s)(iv); (3)(s)(v); (3)(s)(vi); (3)(s)(vii); (3)(s)(vii); (A thru G); (3)(s)(viii); (3)(s)(ix); (3)(s)(ix)(A thru G); (3)(s)(x); (3)(r)(i)(D); (3)(s)(xi). 82, 91, 92, 101, Wood Preserving Listing* as of 55 FR 50450, 12/06/90; 56 FR 040, 071:(3)(w)(i); (3)(w)(ii), 9904, 083:(1); (2); (2)(a); & 120 (Con- 06/30/94. 27332, 06/13/91; 56 FR (2)(a)(i); (2)(a)(ii); (2)(a)(iii); (2)(b); (2)(b)(i); (2)(b)(i)(A); solidated 30192, 07/01/91; 57 FR (2)(b)(i)(B); (2)(b)(i)(C); (2)(b)(i)(D); (2)(b)(i)(E); checklist). 5859, 02/18/92; 57 FR (2)(b)(ii); (2)(b)(ii)(A); (2)(b)(ii)(B); (2)(b)(iii); 61492, 12/24/92. (2)(b)(iii)(A); (2)(B)(iii)(B); (2)(b)(iv); (2)(c); (2)(c)(i); (2)(c)(i)(A); (2)(c)(i)(B); (2)(c)(i)(C); (2)(c)(ii); (2)(d); (3); (3)(a); (3)(b); (3)(c); (3)(d); (3)(e); (3)(f); (3)(g); (3)(h); (3)(i); (3)(j); (3)(k); (3)(l), 110:(3)(f), 082:(4), 9905, 200:(1)(b); (1)(b)(i); (1)(b)(ii); (1)(b)(iii); (1)(b)(iii)(A); (1)(b)(iii)(B); (1)(c), 640:(1); (1)(d), 675:(1)(a); (1)(b); (1)(c); (1)(c)(i); (1)(c)(ii); (1)(c)(iii); (1)(c)(iv); (2)(a); (2)(b); (2)(c); (2)(d); (3); (3)(a); (3)(b); (4)(a); (4)(a)(i); (4)(a)(ii); (4)(a)(iii); (4)(a)(iv)(A); (4)(a)(iv)(B); (4)(a)(v); (4)(b); (4)(b)(i); (4)(b)(i)(A); (4)(b)(i)(B); (4)(b)(i)(C); (4)(b)(ii); (4)(b)(ii)(A); (4)(b)(ii)(A)(I); (4)(b)(ii)(A)(II); (4)(b)(ii)(B); (4)(b)(ii)(C); (4)(b)(iii); (4)(c); (4)(d); (4)(e); (4)(f); (4)(g); (4)(h); (4)(i); (4)(j); (4)(k); (4)(l); (4)(m); (4)(m)(i); (4)(m)(i)(A); (4)(m)(i)(B); (4)(m)(i)(C); (4)(m)(i)(D); (4)(m)(ii); (4)(m)(iii); (4)(n); (4)(o); (5)(a); (5)(b); (5)(b)(i); (5)(b)(ii); (5)(b)(iii); (6)(a); (6)(b); (6)(c)(i); (6)(c)(i)(A); (6)(c)(i)(B); (6)(c)(ii); 400:(3)(a), 806:(4)(l); (4)(l)(i); (4)(l)(ii); (4)(l)(iii); (4)(l)(iii)(A); (4)(l)(iii)(B); (4)(l)(iii)(C); (4)(l)(iii)(D); (4)(l)(iii)(E); (4)(l)(iii)(F); (4)(l)(iii)(G); (4)(l)(iii)(H); (4)(l)(iii)(I); (4)(l)(iii)(J); (4)(l)(iii)(K); (4)(l)(iii)(L); (4)(l)(iii)(M); (4)(l)(iii)(N); (4)(l)(iii)(O); (4)(l)(iii)(P).

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Checklist Federal requirements Federal Register Analogous State Authority (WAC 173±303±...)

34, 39, 50, 62, Land Disposal Restrictions* as 51 FR 40572, 11/07/86; 52 FR Chapter 42.17 RCW; RCW, 43.21A.160, (WAC 173± 63, 66, 78, 83, of 06/30/94. 21010, 06/04/87; 52 FR 303±...) 040, 110:(3)(g); 090:(5)(a)(i), 910:(1)(a); (2); 95, 102, 103, 25760, 07/08/87; 52 FR (4), 016:(a), 071:(3)(bb)(i); (3)(bb)(ii); (2)(a)(ii)(A); 106, 109, 116, 41295, 10/27/87; 53 FR (2)(c); (2)(c)(i); (2)(c)(ii); (3)(x); (3)(n); (3)(l); (3), 123 & 124 31138, 08/17/88; 54 FR 070:(2)(a)(ii)(A); (2)(c); (8)(a) & (b); (3)(a)(iii); (1)(b); (Consolidated 8264, 02/27/89; 54 FR (1)(b) & (7)(a) & (7)(c); (7); (8)(a); (6), 081:(2); (1)(c), checklist). 18836, 05/02/89; 54 FR 120:(2)(a); (4)(d), 160:(3), 090:(5)(b); (6)(b); (7)(b); 26594, 06/23/89; 54 FR (8)(b), 9904; 082:(4), 200:(1)(b)(iii); (1)(b)(iii)(B); 36967, 09/06/89; 55 FR (1)(b)(iv); (1)(b)(iv)(A); (1)(b)(iv)(B); (1)(c); (1)(e) & (f), 23935, 06/13/90; 55 FR 201:(2), 230:(3)(b); 240:(5), 600:(3)(n); (6), 300:(2); 22520, 06/01/90; 56 FR (5)(f); (5)(h); (5)(h)(i); (5)(h)(ii); (5)(h)(iii); (5)(h)(iii)(A); 3864, 01/31/91; 56 FR (5)(h)(iii)(B); (5)(h)(iii)(B)(I); (5)(h)(iii)(B)(II), 380:(1)(c); 41164, 08/19/91; 57 FR (1)(i); (1)(j); (1)(k); (1)(l); (1)(m); (1)(n); (1)(o), 610:(b); 8086, 03/06/92; 57 FR (1)(b); (2)(b); (3)(a); (1)(b)(i); (1)(b)(iv); (1)(b)(ii); 20766, 05/15/92; 57 FR (1)(b)(v); (3)(a), 650:(7), 660: (7), 655:(9), 665:(10)(a); 28628, 06/26/92; 57 FR (8)(b), 161:(7), 695, 400:(2)(c)(ix); (4); (3)(a), 37194, 08/18/92; 57 FR 505:(1)(b), 140:(2)(a), 806:(2); (4)(a)(ii); (4)(a)(xviii)(M); 47772, 10/20/92; 58 FR (3), 800:(8), 830:(4)(e)(iii)(B), 830 Appendix 1:B.1.b.; 28506, 05/14/93; 58 FR B.1.c.; B.1.d.; 1.6.; M, 805:(7)(b)(vi); (7)(b). 29860, 05/24/93. 17C ...... Household Waste ...... 50 FR 28702, 07/15/85 ...... 071:(3)(c). 17E ...... Location Standards for Salt 50 FR 28702, 07/15/85 ...... 280:(5). Domes, Salt Beds, Under- ground Mines and Caves. 17G ...... Dust Suppression* ...... 50 FR 28702, 07/15/85 ...... 505:(2)(c); (2)(d). 17M ...... Pre-construction Ban* ...... 50 FR 28072, 07/15/85 ...... 806:(5). 17O ...... Omnibus Provision ...... 50 FR 28702, 07/15/85 ...... 810:(19). 58 ...... Standards for Generators of 53 FR 45089, 11/08/88 ...... 180:(1). Hazardous Waste; Manifest Renewal. 70 (Changes to Environmental Permit Regula- 48 FR 14146, 04/01/83; 48 FR 806:(2), 840:(1); (10)(a); (10)(b) & (d); (10)(e); (2)(d)(i) & Part 124 Not tions; RCRA Hazardous 30113, 06/30/83; 53 FR (ii); (2)(d)(iii); (3)(e)(i)(C); (3)(e)(i)(D); (3)(e)(i)(E); Accounted for Waste; SDWA Underground 28118, 07/26/88; 53 FR (5)(a). by Present Injection Control; CWA Na- 37396, 09/26/88; 54 FR 246, Checklist). tional Pollutant Discharge 01/04/89. Elimination System; CWA Section 404 Dredge or Fill Programs; and CAA Preven- tion of Significant Deteriora- tion (See Revision Checklist 70 in Non-Hwsa Cluster VI) Hazardous Waste Manage- ment System; Permit Pro- gram; Requirements for Au- thorization of State Pro- grams; Procedures for Deci- sion making; Identification and Listing of Hazardous Waste; Standards for Owners and Operators of Hazardous Waste Storage, Treatment, and Disposal Facilities; Cor- rection, Safe Drinking Water Act; National Drinking Water Regulations; Indian Lands, National Pollutant Discharge Elimination System Permit Regulations. 71 ...... Mining Waste Exclusion II** ..... 55 FR 2322, 01/23/90 ...... 040, 180:(3)(f). 110 ...... Coke By-Products Listings ...... 57 FR 37284, 08/18/92 ...... 071:(3)(cc), 9904, 082:(4). 126 ...... Testing and Monitoring 58 FR 46040, 08/31/93; as 110:(3)(a); (3)(h)(iii); (3)(f); (1), 910:(4)(a), 090:(6)(a)(i); Activities*. amended 09/19/94 at 59 FR (6)(a)(ii); (8)(a), 640:(1)(b), 140:(4)(b)(iii); (2)(a), 47980. 400:(3)(a), 806:(4)(f)(iii)(A)(III); (4)(f)(iii)(A)(IV), 807:(2)(a)(iii); (2)(a)(iv). 128 ...... Wastes From the Use of 59 FR 458, 01/04/94 ...... 110:(3)(a), 9905. Chlorophenolic Formulations in Wood Surface Protection. 131 ...... Record keeping Instructions; 59 FR 13891, 03/24/94 ...... 380:(2)(c) Table 1; (2)(d) Table 2. Technical Amendment. 133 ...... Letter of Credit Revision ...... 59 FR 29958, 06/10/94 ...... 620:(10). 134 ...... Correction of Beryllium Powder 59 FR 31551, 06/20/94 ...... 9903, 9905, 140:(2)(a). (P015) Listing.

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Checklist Federal requirements Federal Register Analogous State Authority (WAC 173±303±. . .)

135 ...... Recovered Oil Exclusion ...... 59 FR 38536, 07/28/94 ...... 071:(3)(p); (3)(cc), 120:(2)(a)(v); (2)(a)(vi), (2)(a)(viii); (2)(a)(ix). 136 ...... Removal of the Conditional Ex- 59 FR 43496, 08/24/94 ...... 505:(1)(b)(ii), 140:(2)(a). emption for Certain Slag Residues. 139 ...... Testing and Monitoring Activi- 60 FR 3089, 01/13/95 ...... 110:(3)(a). ties Amendment I. 140 ...... Carbamate Production Identi- 60 FR 7824, 02/09/95; as 071:(3)(dd), 9904, 9903, 082:(4), 9905. fication and Listing of Haz- amended at 60 FR 19165, ardous Waste*. 04/17/95; and at 60 FR 25619, 05/12/95. 141 ...... Testing and Monitoring Activi- 60 FR 17001, 04/04/95 ...... 110:(3)(a). ties Amendment II. 142 ...... Universal Waste Rule: ...... 60 FR 25492, 05/11/95 ...... 040:intro, 070:(7)(c); (7)(c)(i); (7)(c)(iii); (7)(c)(iv); 142A ...... General Provisions* (7)(c)(v); (8)(b)(iii); (8)(b)(iii)(A)±(C) & (E); (8)(b)(iii)(D); (8)(b)(iii)(G); 077 intro, 070:(1)(c); (7); (8); (b), 600:(3)(o), 400:(2)(ix), 140:(2)(a), 800:(7)(c)(iii), 573:(1)(a); (1)(b); (4)(a); (4)(a)(i); (4)(a)(ii); (4)(b), 040, 573:(6); (7); (7)(a); (7)(b); (8); (10); (11)(a); (11)(b); (11)(c); (11)(c)(i); (11)(c)(ii); (11)(c)(iii); (11)(c)(iv); (11)(c)(v); (11)(c)(vi); (12); (13)(a); (13)(b); (14)(a); (14)(b); (14)(c); (14)(d); (14)(e); (14)(e)(i); (14)(e)(ii); (14)(f); (14)(f)(i); (14)(f)(ii); (14)(g); (14)(h); (15); (16); (16)(a); (16)(b); (16)(c); (17); (18); (18)(a); (18)(b); (19)(a)(i); (19)(a)(ii); (19)(b); (19)(b)(i); (19)(b)(ii); (19)(b)(iii); (19)(b)(iv); (19)(b)(v); (21); (22)(a); (22)(b); (22)(c); (22)(c)(i); (22)(c)(ii); (22)(c)(iii); (22)(c)(iv); (22)(c)(v); (22)(c)(vi); (23); (24)(a); (24)(b); (25)(a); (25)(b); (25)(c); (25)(d); (25)(e); (25)(e)(i); (25)(e)(ii); (25)(f); (25)(f)(i); (25)(f)(ii); (25)(g); (25)(h); (26)(a); (26)(a)(i); (26)(a)(ii); (26)(a)(iii); (26)(b); (26)(b)(i); (26)(b)(ii); (26)(b)(iii); (26)(c)(i); (26)(c)(ii); (27); (27)(a); (27)(b); (27)(c); (28); (29); (29)(a); (29)(b); (30)(a); (30)(b); (31)(a); (31)(b); (32)(a); (32)(b); (33)(a); (33)(b); (34); (34)(a); (34)(b); (35)(a); (35)(b); (36)(a); (36)(b); (36)(b)(i); (36)(b)(ii); (36)(c); (36)(d); (37)(a); (37)(a)(i); (37)(a)(ii); (37)(a)(iii); (37)(b); (38); (38)(a); (38)(b); (38)(c). 142B ...... Specific Provisions for Batteries 60 FR 25492, 05/11/95 ...... 040, 120:(2)(iv); (v); (vii); (viii), 077:(a), 600:(3)(o)(i), 400:(2)(c)(xi)(A), 520:(intro); (1); (2), 140:(2)(a), 800:(7)(c)(iii)(A), 573:(1)(a)(i); (2)(a)(i); (2)(a)(ii); (2)(b); (2)(b)(i); (2)(b)(ii); (2)(b)(iii); (2)(c)(i); (2)(c)(ii); (9)(a); (9)(a)(i); (9)(a)(ii); (9)(a)(ii)(A); (9)(a)(ii)(B); (9)(a)(ii)(C); (9)(a)(ii)(D); (9)(a)(ii)(E); (9)(a)(ii)(F); (9)(a)(ii)(G); (9)(a)(iii); (9)(a)(iii)(A); (9)(a)(iii)(B); (10)(a); (20)(a); (20)(a)(i); (20)(a)(ii); (20)(a)(ii)(A); (20)(a)(ii)(B); (20)(a)(ii)(C); (20)(a)(ii)(D); (20)(a)(ii)(E); (20)(a)(ii)(F); (20)(a)(ii)(G); (20)(a)(iii); (20)(a)(iii)(A); (20)(a)(iii)(B); (21)(a). 142D ...... Specific Provisions for Thermo- 60 FR 25492, 05/11/95 ...... 040, 077:(b), 600:(3)(o)(ii), 400:(2)(c)(xi)(B), 140:(2)(a), stats. 800:(7)(c)(iii)(B), 573:(1)(a)(ii); (3)(a); (3)(b); (3)(b)(i); (3)(b)(ii); (3)(c)(i); (3)(c)(ii); (9)(b); (9)(b)(i); (9)(b)(ii); (9)(b)(ii)(A); (9)(b)(ii)(B); (9)(b)(ii)(C); (9)(b)(ii)(D); (9)(b)(ii)(E); (9)(b)(ii)(F); (9)(b)(ii)(G); (9)(b)(ii)(H); (9)(b)(iii)(A); (9)(b)(iii)(A)(I); (9)(b)(iii)(A)(II); (9)(b)(iii)(B); (9)(b)(iii)(C); (10)(b); (20)(b); (20)(b)(i); (20)(b)(ii); (20)(b)(ii)(A); (20)(b)(ii)(B); (20)(b)(ii)(C); (20)(b)(ii)(D); (20)(b)(ii)(E); (20)(b)(ii)(F); (20)(b)(ii)(G); (20)(b)(ii)(H); (20)(b)(iii)(A); (20)(b)(iii)(A)(I); (20)(b)(iii)(A)(II); (20)(b)(iii)(B); (2)(b)(iii)(C); (21)(b). 142E ...... Petition Provisions to Add a 60 FR 25492, 05/11/95 ...... 910:(1)(a); (7)(a); (2)(b); (7)(c); (7)(d), 573:(39)(a); New Universal Waste. (39)(b); (39)(c); (40)(a); (40)(b); (40)(c); (40)(d); (40)(e); (40)(f); (40)(g); (40)(h). 145 ...... Liquids in Landfills III ...... 60 FR 35703, 07/11/95 ...... 140:(4)(b)(iv)(A)(II); (4)(b)(iv)(A)(III). 150 ...... Amendments to the Definition 61 FR 13103, 03/26/96 ...... 071:(3)(cc). of Solid Waste; Amendment II: Recovered Oil Exclusion, Correction.

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Checklist Federal requirements Federal Register Analogous State Authority (WAC 173±303±. . .)

159 ...... Conformance with the Carba- 62 FR 32974, 06/17/97 ...... 9904, 9903, 9905, 082:(4), 140:(2)(a). mate Vacatur: Carbamate Production, Identification and Listing of Hazardous Waste; Land Disposal Restrictions. *Indicates State provision is more stringent. **Indicates State provision is broader in scope.

G. Where Are the Revised State Rules because, as to those U.S. shipments and with the Federal rule 40 CFR 261.4 Different From the Federal Rules? U.S. sites, the State program requires (f)(10). Certain portions of the federal annual reporting whereas the federal Delay of Closure Period for Hazardous program are not delegable to the states rule requires biennial reporting. Waste Management Facilities (54 FR because of the Federal government’s Exception Reporting for Small 33376, 8/14/89, Checklist 64): The special role in foreign policy matters Quantity Generators of Hazardous Waste State’s regulation WAC 173–303– and because of national concerns that (52 FR 35894, 9/23/87, Checklist 42): 610(3)(c)(ii)(A) is more stringent than arise with certain decisions. EPA does The State regulations WAC 173–303– the federal requirement found at 40 CFR not delegate import/export functions. 210, 220 and 220(2)(a) are more 264.112(d)(2)(i) because it requires the Under the RCRA regulations found in 40 stringent for exception reporting for owner or operator to continue to take CFR Part 262 EPA will continue to generators of 100 to 1,000 kg/month steps to prevent threats to human health implement requirements for import/ because the state regulations require and the environment beyond those export functions. EPA does not delegate such generators to follow the same otherwise required by the federal sections of 40 CFR part 268 because of requirements as generators of greater regulation. the national concerns that must be than 1000 kg/month. The State is also Toxicity Characteristic: examined when decisions are made more stringent at WAC 173–303– Chlorofluorocarbon Refrigerants (56 FR under the following Federal Land 220(2)(d) because the State program can 5910, 2/13/91, Checklist 84): The State’s Disposal Restriction requirements: 40 require a generator to submit exception regulations, WAC 173–303–506(2) and CFR 268.5—Procedures for case-by-case reports in less time than the federal (3), are more stringent than the federal effective date extensions; 40 CFR program if the generator endangers requirement found at 40 CFR 268.6—‘‘No migration’’ petitions; 40 public health or the environment. 261.4(b)(12) because the state program CFR 268.42(b)—applications for Corrective Action for Injection Wells includes generator record keeping alternate treatment methods; and 40 (52 FR 45788, 12/1/87, Checklist 44C): requirements and facility requirements. CFR 268.44(a)–(g)—general treatment The State’s regulation for ‘‘permit by Wood Preserving Listings (56 FR standard variances. Washington’s state rule,’’ WAC 173–303–802(3), for 30192, 7/1/99, Checklist 92): The State’s program has excluded these injection wells is more stringent than regulation WAC 173–303–200(1)(b)(i) is requirements from its state regulations the federal requirements 40 CFR more stringent than the Federal and EPA will continue to implement 264.101, 270.60(b)(3)(i) and (b)(3)(ii) requirements found at 40 CFR these requirements. The Federal Land because the State program requires 262.34(a)(1)(i) because of the following Disposal Restrictions governing site- compliance with WAC 173–303–060, cross citations: specific variances, 40 CFR 268.44(h)– the use of notification and identification • At WAC 173–303–640(2), analog to (m) are delegable to the states but the numbers. The State program’s 40 CFR 265.171, the State program State program excluded the prohibition on the disposal of state-only requires the owner or operator to requirements of 40 CFR 268.44(i)–(m) extremely hazardous waste (EHW) in address leaks, spills and discharges into from its state regulations. EPA will underground injection wells is a the environment and in emergencies; continue to implement these provision that is broader in scope than • At WAC 173–303–640(3), the State requirements. The state program is the federal program and is not program requires the owner or operator authorized under today’s rulemaking, authorized as part of this decision. to label containers to identify the major effective on the effective date of this Treatability Studies Sample risks associated with the contents of the rule, for its regulation equivalent to 40 Exemption (53 FR 27290, 7/29/88, container; CFR 268.44(h). Checklist 49): The State’s program has • The State program specifies at WAC States are allowed to seek two provisions for which the State is 173–303–640(5), analog to 40 CFR authorization for state requirements that more stringent than the federal 265.173, a minimum aisle space are more stringent than federal requirements found at 40 CFR between containers and that a row of requirements. EPA has authority to 261.4(e)(2)(vi) and 40 CFR 261.4(f). At containers must be no wider than 2 authorize and enforce those parts of a WAC 173–303–071(3)(r)(ii)(F) and WAC drums; state’s program EPA finds to be more 173–303–071(3)(s) the state requires • The State program requires at WAC stringent than the federal program. The annual rather than biannual reports. The 173–303–640(6), analog to 40 CFR following state regulations are more State also has provisions at 173–303– 265.174, that an inspection log must be stringent than the federal provisions and 071(3)(s)(xii) and (xiii) which are more maintained; are part of the State’s authorized stringent than federal requirements • The State has particular program: because they require the date, the words requirements for incompatible wastes, Exports of Hazardous Waste (51 FR hazardous or dangerous waste and the WAC 173–303–640(10), for closure; and 28664, 8/8/86, Checklist 31): The State major risks associated with the waste to • The State program has authority to regulation WAC 173–303–220(1)(a), as be marked on each container. The State require secondary containment. applicable to U.S. shipments and U.S. program’s provision at 173–303– The State’s wording although sites, is more stringent than the federal 071(3)(r)(i)(D) is not considered more different at WAC 173–303–640(8), requirements found at 40 CFR 262.41(a) stringent but is a clarification consistent analog to 40 CFR 265.176, is equivalent

VerDate 06-OCT-99 16:10 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.XXX pfrm01 PsN: 12OCR1 55150 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations to the federal program because the State under the federal RCRA program. To the Washington State under EPA’s HSWA requires that containers be stored in a extent the state has authority to address authority. manner equivalent to the Uniform Fire imminent and substantial endangerment States are not allowed to seek Code. to health or the environment as a authorization for state requirements that The State’s regulation WAC 173–303– regulatory requirement under the state are broader in scope than federal 200(l)(b)(ii) is more stringent than the program directly applicable to the requirements. EPA does not have Federal requirements found at 40 CFR recyclable materials, EPA considers the authority to authorize and enforce those 262.34(a)(l)(ii), because of the following State program to be equivalent to the parts of a state’s program EPA finds to cross citations: federal program. be broader in scope than the federal • WAC 173–303–640(2)(e) and WAC Pre-construction Ban (50 FR 28702, program. EPA has found the following 173–303–640(3)(b) in the state program 7/15/85, Checklist 17M): The State is state requirements to be broader in require scheduling integrity more stringent because it chose not to scope than the federal hazardous waste assessments; adopt the optional and less stringent program and is not authorizing the • WAC 173–303–640(5)(d) and (e) federal requirement at 40 CFR following requirements as part of the provide additional protective 270.10(f)(3) for construction of TSCA State’s authorized program: Mining requirements in the state program: WAC PCB incineration. Waste Exclusion II (55 FR 2322, 1/23/90 173–303–640(5)(d) requires the operator Testing and Monitoring Activities (58 Checklist 71). The State analogs are to label tanks to identify the waste FR 46040, 8/31/93, Checklist 126): The broader in scope than the federal contained in the tank; WAC 173–303– State regulation WAC 173–303– requirements, except for WAC 173–303– 640(5)(e) requires all tank systems that 910(4)(a) is more stringent than the 040 and WAC 173–303–180(3)(f) which hold dangerous wastes that are acutely federal requirement at 40 CFR are equivalent to the federal analogs 40 or chronically toxic by inhalation to be 260.22(d)(1)(i) because the State does CFR 260.10 and 40 CFR 262.23(e) designed to prevent the escape of not exclude wastes that are considered respectively, because the State has not vapors, fumes or other emissions into hazardous under 40 CFR Part 261, but adopted an analog to 40 CFR the air; only has authority to exclude wastes 261.4(b)(7)—exclusions for solid waste • WAC 173–303–640(7)(d)(i) is more that EPA has excluded under the from the extraction, benefication, and stringent than the Federal analog, 40 petition process as hazardous wastes. processing of ores and minerals. The CFR 265.196(d) because the State Carbamate Production Identification state’s lack of an analog for the federal program requires a facility to report, and Listing of Hazardous Waste (60 FR exclusion of mixtures of solid waste and whichever is the less, any release greater 7824, 2/9/95, amended at 60 FR 19165, hazardous waste which are hazardous than or equal to one pound, or the 4/17/95 and at 60 FR 25619, 5/12/95 based solely on a hazardous reportable quantity, while the federal Checklist 140): The State is more characteristic imparted to the waste as regulation requires reporting only of stringent because it does not include the a result of a Bevill characteristic, 40 CFR releases that equal or exceed one pound; de minimus wastewater ‘‘exclusions’’ 261.3(a)(2)(iii), is also broader in scope • WAC 173–303–640(9)(b) is more found in the federal program at 40 CFR than the federal program. stringent than the Federal analog at 40 261.3(a)(2)(iv)(E), (F) and (G). Although State programs can be CFR 265.198(b) because the State Universal Waste: General Provision authorized where they are more program requires that tanks be located (60 FR 25492, 5/11/95 Checklist 142A): stringent than the federal program, state in a manner equivalent either to the The State is more stringent because it programs cannot be authorized where National Fire Protection Association’s chose not to adopt a counting exclusion they are less stringent. EPA finds the buffer zone requirements (the Federal for hazardous waste managed state regulations for spent antifreeze at requirement) or as required by State and immediately upon generation only in WAC 173–303–120(3)(h) are less local fire codes, whichever is more on-site elementary neutralization units, stringent than the federal provisions to stringent; furthermore, the state program wastewater treatment units, or totally the extent that the state program would is also more stringent in its requirement enclosed treatment facilities as defined construe characteristic spent antifreeze for yearly inspections. in 40 CFR 260.10. as a state-only waste. The effect of the Land Disposal Restrictions (51 FR Dust Suppression (50 FR 28702, State rule would be to exempt antifreeze 40572, 11/7/86 and 52 FR 21010, 7/15/85, Checklist 17G): The State that exhibits the toxicity characteristic 6/4/87, Checklist 34): The State regulation WAC 173–303–505(2)(d) is from the requirements applicable to regulation WAC 173–303–120(2)(a) is more stringent than the federal wastes exhibiting the toxicity more stringent than the federal requirement at 40 CFR 266.23(b) characteristic. EPA has articulated its requirement found at 40 CFR 261.6(a)(3) because the State rule does not contain position in numerous rules that spent as the state has additional requirements the exception for waste identified solely antifreeze exhibiting a characteristic for recyclable materials: WAC 173–303– on the basis of ignitability. Therefore the may pose a threat to human health and 050 provides authority to take action for State prohibits the use of waste or used the environment and requires generators a discharge or a potential discharge or oil or other material which is and recyclers to comply with existing release into the environment, WAC 173– contaminated with dioxin or any other federal regulations with respect to 303–145 provides authority to require a hazardous waste, including those wastes characteristic hazardous waste. responsible person to address spills and that are ignitable, for dust suppression Antifreeze which exhibits the toxicity discharges into the environment. WAC or road treatment. characteristic remains a hazardous 173–303–960 provides regulatory The State is not seeking authorization waste under the State’s authorized authority to address imminent and for the Standards for the Management of program. The direct impact of EPA’s substantial endangerment to health or Waste Fuel and Used Oil for the finding to generators and recyclers is the environment. EPA has statutory Burning of these Materials in Boilers that such persons are not exempted authority to address imminent and and Industrial Furnaces, 40 CFR from the State’s federally authorized substantial endangerment to health or 266.102 through 40 CFR 266.111. The requirements for antifreeze that exhibits the environment and does not consider State did not adopt these federal the toxicity characteristic. this state regulation to be more stringent provisions as state law. EPA is States sometimes make changes to than EPA’s existing statutory authority implementing these BIF requirements in their previously authorized programs

VerDate 06-OCT-99 10:21 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\A12OC0.013 pfrm04 PsN: 12OCR1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations 55151 that result in a state regulation being I. How Does Today’s Action Affect analysis, for proposed and final rules found equivalent where the regulation Indian Country (18 U.S.C. Section 1151) with ‘‘Federal mandates’’ that may may have been found more stringent at in Washington? result in expenditures to State, local, the time of initial authorization. On EPA’s decision to authorize the and tribal governments, in the aggregate, April 29, 1996, the State received final Washington hazardous waste program or to the private sector, of $100 million authorization for the federal dioxin does not include any land that is, or or more in any one year. wastes requirements, (50 FR 1978, becomes after the date of this Before promulgating an EPA rule for January 14, 1985) and the definition of authorization, ‘‘Indian Country,’’ as which a written statement is needed, section 205 of the UMRA generally empty for dioxin residues in containers defined in 18 U.S.C. 1151, with the requires EPA to identify and consider a was determined to be more stringent exception of the non-trust lands within reasonable number of regulatory the exterior boundaries of the Puyallup than the federal program. The State has alternatives and adopt the least costly, Indian Reservation (also referred to as amended its definition of empty for most cost-effective or least burdensome the ‘‘1873 Survey Area’’ or ‘‘Survey dioxin residues in containers and is alternative that achieves the objectives Area’’) located in Tacoma, Washington. seeking reauthorization for this change. of the rule. The provisions of section EPA retains jurisdiction over ‘‘Indian With today’s rulemaking the State 205 do not apply when they are Country’’ as defined in 18 U.S.C. 1151. analog for definition of empty, found at inconsistent with applicable law. WAC 173–303–160(2)(a), has been Effective October 22, 1998 (63 FR 50531, September 22, 1998) Moreover, section 205 allows EPA to determined to be equivalent to the adopt an alternative other than the least Washington’s state program was federal requirement found at 40 CFR costly, most cost-effective or least authorized to implement the state burdensome alternative if the 261.7(b)(1). authorized program on the non-trust Administrator publishes with the final On April 29, 1996, the State received lands within the 1873 Survey Area of rule an explanation why that alternative final authorization for the federal rule the Puyallup Indian Reservation. The was not adopted. Before EPA establishes Amending Requirements for Hazardous authorization did not extend to trust any regulatory requirements that may Waste Incinerator Permits (54 FR 4286, lands within the reservation. EPA significantly or uniquely affect small retains its authority to implement RCRA January 30, 1989) and the state’s analog, governments, including tribal on trust lands and over Indians and WAC 173–303–807(10) requirement for governments, it must have developed existing incinerator facilities to either Indian activities within the 1873 Survey under section 203 of the UMRA a small conduct a trial burn or submit other Area. government agency plan. The plan must A complete discussion of the information as specified in 40 CFR provide for notifying potentially background for this authorization 270.19(a) or (c) before a permit can be affected small governments, enabling determination can be found in Federal issued to that facility, was determined officials of affected small governments Registers dated July 7, 1998 (63 FR to be more stringent than the federal to have meaningful and timely input in 36652) for the proposed rule and an program. The State has amended the the development of EPA regulatory immediate final rule (63 FR 36587), more stringent requirement and is proposals with significant Federal August 21, 1998 to withdraw the seeking reauthorization for this change. intergovernmental mandates, and immediate final rule in response to With today’s rulemaking the State informing, educating, and advising adverse comment (63 FR 44795), and small governments on compliance with analog WAC 173–303–807(10) has been September 22, 1998 to publish a determined to be equivalent to the the regulatory requirements. response to comment and final rule EPA has determined that section 202 federal requirement found at 40 CFR granting authorization (63 FR 50531). 270.62(d). and 205 requirements do not apply to J. What is Codification and Is Epa today’s action because this rule does not H. Who Handles Permits After This Codifying Washington Hazardous contain a Federal mandate that may Authorization Takes Effect? Waste Program as Authorized in This result in annual expenditures of $100 Rule? million or more for State, local, and/or Washington will issue permits for all tribal governments in the aggregate, or Codification is the process of placing the provisions for which it is authorized the private sector. Costs to State, local the State’s statutes and regulations that and will administer the permits it and/or tribal governments already exist issues. All permits issued by EPA comprise the State’s authorized under the Washington program, and Region 10 prior to final authorization of hazardous waste program into the Code today’s action does not impose any of Federal Regulations. We do this by this revision will continue to be additional obligations on regulated referencing the authorized State rules in administered by EPA Region 10 until entities. In fact, EPA’s approval of State 40 CFR Part 272. We reserve the the issuance or re-issuance after programs generally may reduce, not amendment of 40 CFR Part 272, Subpart modification of a State RCRA permit. increase, compliance costs for the WW for this authorization of private sector. Further, as it applies to Upon the effective date of the issuance, Washington’s program until a later date. or re-issuance after modification to the State, this action does not impose a incorporate authorized State K. Regulatory Analysis and Notices Federal intergovernmental mandate because UMRA does not include duties requirements of a State RCRA permit, Unfunded Mandates Reform Act those EPA-issued permit provisions arising from participation in a voluntary Title II of the Unfunded Mandates Federal program. which the State is authorized to Reform Act of 1995 (UMRA), Pub. L. The requirements of section 203 of administer and enforce will expire. 104–4, establishes requirements for UMRA also do not apply to today’s HSWA provisions for which the State is Federal agencies to assess the effects of action because this rule contains no not authorized will continue in effect their regulatory actions on State, local, regulatory requirements that might under the EPA-issued permit. EPA will and tribal governments and the private significantly or uniquely affect small continue to implement and issue sector. Under section 202 of the UMRA, governments. Although small permits for HSWA requirements for EPA generally must prepare a written governments may be hazardous waste which Washington is not yet authorized. statement, including a cost-benefit generators, transporters, or own and/or

VerDate 06-OCT-99 10:21 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\A12OC0.014 pfrm04 PsN: 12OCR1 55152 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations operate TSDFs, they are already subject of the United States. The EPA will EPA has reason to believe may have a to the regulatory requirements under the submit a report containing this rule and disproportionate effect on children. If existing State laws that are being other required information to the U.S. the regulatory action meets both criteria, authorized by EPA, and, thus, are not Senate, the U.S. House of the Agency must evaluate the subject to any additional significant or Representatives and the Comptroller environmental health or safety effects of unique requirements by virtue of this General of the United States prior to the planned rule on children and program approval. publication of the rule in today’s explain why the planned regulation is Federal Register. This rule is not a preferable to other potentially effective Certification Under the Regulatory ‘‘major rule’’ as defined by 5 U.S.C. and reasonably feasible alternatives Flexibility Act 804(2). considered by the Agency. Pursuant to the Regulatory Flexibility This rule is not subject to Executive Act (5 U.S.C. 601 et seq., as amended by Compliance With Executive Order Order 13045 because it is not an the Small Business Regulatory 12866 economically significant rule as defined Enforcement Fairness Act of 1996), The Office of Management and Budget by E.O. 12866, and because it does not whenever an agency is required to has exempted this rule from the involve decisions based on publish a notice of rulemaking for any requirements of Executive Order 12866. environmental health or safety risks. proposed or final rule, it must prepare Compliance With Executive Order and make available for public comment Compliance with Executive Order 13084 12875 a regulatory flexibility analysis that Under Executive Order 13084, EPA describes the effect of the rule on small Under Executive Order 12875, EPA may not issue a regulation that is not entities (i.e., small businesses, small may not issue a regulation that is not required by statute, that significantly or organizations, and small governmental required by statute and that creates a uniquely affects the communities of jurisdictions). This analysis is mandate upon a State, local or tribal Indian tribal governments, and that unnecessary, however, if the agency’s government, unless the Federal imposes substantial direct compliance administrator certifies that the rule will government provides the funds costs on those communities, unless the not have a significant economic impact necessary to pay the direct compliance Federal government provides the funds on a substantial number of small costs incurred by those governments, or necessary to pay the direct compliance entities. EPA consults with those governments. If costs incurred by the tribal EPA has determined that this EPA complies with consulting, governments, or EPA consults with authorization will not have a significant Executive Order 12875 requires EPA to those governments. If EPA complies economic impact on a substantial provide to the Office of Management with consulting, Executive Order 13084 number of small entities. Such small and Budget a description of the extent requires EPA to provide to the Office of entities which are hazardous waste of EPA’s prior consultation with Management and Budget, in a separately generators, transporters, or which own representatives of affected State, local identified section of the preamble to the and/or operate TSDFs are already and tribal governments, the nature of rule, a description of the extent of EPA’s subject to the regulatory requirements their concerns, copies of any written prior consultation with representatives under the existing State laws that are communications from the governments, of affected tribal governments, a now being authorized by EPA. EPA’s and a statement supporting the need to summary of the nature of their concerns, authorization does not impose any issue the regulation. In addition, and a statement supporting the need to significant additional burdens on these Executive Order 12875 requires EPA to issue the regulation. In addition, small entities. This is because EPA’s develop an effective process permitting Executive Order 13084 requires EPA to authorization would simply result in an elected officials and other develop an effective process permitting administrative change, rather than a representatives of State, local and tribal elected officials and other change in the substantive requirements governments ‘‘to provide meaningful representatives of Indian tribal imposed on these small entities. and timely input in the development of governments ‘‘to provide meaningful Pursuant to the provision at 5 U.S.C. regulatory proposals containing and timely input in the development of 605(b), the Agency hereby certifies that significant unfunded mandates.’’ regulatory policies on matters that this authorization will not have a This rule does not create a mandate significantly or uniquely affect their significant economic impact on a on State, local or tribal governments. communities.’’ substantial number of small entities. The rule does not impose any This rule is not subject to Executive This authorization approves regulatory enforceable duties on these entities. The Order 13084 because it does not requirements under existing State law to State administers its hazardous waste significantly or uniquely affect the which small entities are already subject. program voluntarily, and any duties on communities of Indian tribal It does not impose any new burdens on other State, local or tribal governmental governments. Washington is not small entities. This rule, therefore, does entities arise from that program, not authorized to implement the RCRA not require a regulatory flexibility from this action. Accordingly, the hazardous waste program in Indian analysis. requirements of Executive Order 12875 country. This action has no effect on the do not apply to this rule. hazardous waste program that EPA Submission to Congress and the implements in the Indian country Comptroller General Compliance With Executive Order within the State. The Congressional Review Act, 5 13045 U.S.C. 801 et seq., as added by the Small Executive Order 13045, ‘‘Protection of Compliance With Executive Order Business Regulatory Enforcement Children from Environmental Health 12612 Fairness Act of 1996, generally provides Risks and Safety Risks,’’ applies to any On August 4, 1999, President Clinton that before a rule may take effect, the rule that: (1) the Office of Management issued a new executive order on agency promulgating the rule must and Budget determines is ‘‘economically federalism, Executive Order 13132, 64 submit a rule report, which includes a significant’’ as defined under Executive FR 43255 (August 10, 1999), which will copy of the rule, to each House of the Order 12866, and (2) concerns an take effect on November 2, 1999. In the Congress and to the Comptroller General environmental health or safety risk that interim, the current Executive Order

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12612, 52 FR 41685 (October 30, 1987), ENVIRONMENTAL PROTECTION A. Why Are Revisions to State on federalism still applies. This rule AGENCY Programs Necessary? will not have a substantial direct effect on States, on the relationship between 40 CFR Part 271 States which have received final the national government and the States, authorization from EPA under RCRA or on the distribution of power and [FRL±6454±1] Section 3006(b), 42 U.S.C. 6926(b), must responsibilities among the various maintain a hazardous waste program levels of government, as specified in Massachusetts: Final Authorization of that is equivalent to, consistent with, Executive Order 12612. This rule simply State Hazardous Waste Management and no less stringent than the Federal approves the State of Washington’s Program Revision program. As the Federal program proposal to be authorized for updated AGENCY: Environmental Protection changes, States must change their requirements of the hazardous waste Agency (EPA). programs and ask EPA to authorize the program that the state has voluntarily changes. Changes to State programs may ACTION: Final rule. chosen to operate. be necessary when Federal or State Paperwork Reduction Act SUMMARY: Today’s action finalizes EPA’s statutory or regulatory authority is Under the Paperwork Reduction Act, decision to grant authorization to the modified or when certain other changes 44 U.S.C. 3501 et seq., Federal agencies Commonwealth of Massachusetts for occur. Most commonly, States must must consider the paperwork burden certain revisions to its hazardous waste change their programs because of imposed by any information request program under the Resource changes to EPA’s regulations in 40 Code contained in a proposed rule or a final Conservation and Recovery Act (RCRA). of Federal Regulations (CFR) parts 124, rule. This rule will not impose any The revisions addressed by this action 260 through 266, 268, 270, 273 and 279. include two rules promulgated by the information requirements upon the B. What Decisions Have We Made In regulated community. Environmental Protection Agency: the Toxicity Characteristics (TC) Rule This Rule? National Technology Transfer and (including subsequent revisions to that 1. Background Advancement Act rule) and the Universal Waste Rule Section 12(d) of the National (UWR). The Agency finds that the On January 8, 1998, Massachusetts Technology Transfer and Advancement State’s hazardous waste program submitted a final program revision Act of 1995 (‘‘NTTAA’’), Public Law No. revisions, except for a provision which application relating to the Satellite 104–113, § 12(d) (15 U.S.C. 272 note) relates to the TC Rule and exempts Accumulation Rule, UWR and TC Rule directs EPA to use voluntary consensus intact Cathode Ray Tubes (CRTs) from seeking authorization of its program standards in its regulatory activities hazardous waste regulation, satisfy all of revision in accordance with 40 CFR unless to do so would be inconsistent the requirements necessary to qualify 271.21. On Septemer 30, 1998, the EPA with applicable law or otherwise for final authorization. Thus, the EPA is granted authorization to the impractical. Voluntary consensus taking action to approve the Massachusetts hazardous waste standards are technical standards (e.g., authorization of Massachusetts for the management program for the Satellite materials specifications, test methods, UWR and the TC Rule for all wastes Accumulation Rule only and deferred a sampling procedures, and business other than CRTs. At this time, EPA decision relative to the TC and UWR practices) that are developed or adopted defers action relating to CRTs; however, portions of the application due to the by voluntary consensus standards the agency plans to address this issue in bodies. The NTTAA directs EPA to a future Federal Register document. unresolved CRT issues (63 FR 52180). provide Congress, through OMB, DATES: The approval of Massachusetts’ 2. The Proposed Rule explanations when the Agency decides program revisions shall become not to use available and applicable effective without further notice on On February 24, 1999 EPA published voluntary consensus standards. October 12, 1999. in the Federal Register a proposed rule This action does not involve technical announcing its plan to authorize standards. Therefore, EPA did not ADDRESSES: Copies of the Commonwealth of Massachusetts’ Massachusetts for the TC Rule and the consider the use of any voluntary UWR excluding those provisions which consensus standards. revision application and related materials which support the basis for relate to CRTs (64 FR 9110). Also, at that List of Subjects in 40 CFR Part 271 EPA’s authorization decision (the time, the agency proposed to disapprove Environmental protection, ‘‘Administrative Record’’) are available a provision of the Massachusetts Administrative practice and procedure, for inspection and copying during hazardous waste regulations at 310 CMR Confidential business information, normal business hours at the following 30.104(21) relating to CRTs. A forty-five Hazardous waste, Hazardous waste addresses: Massachusetts Department of (45) day extension to the thirty (30) day transportation, Indian lands, Environmental Protection Library, One comment period of this proposal was Intergovernmental relations, Penalties, Winter Street—2nd Floor, Boston, MA requested by Massachuetts and granted Reporting and recordkeeping 02108, business hours: 9:00 a.m. to 5:00 in the Federal Register on March 24, requirements, Water pollution control, p.m., Telephone: (617) 292–5802 and 1999 (64 FR 14201) thereby extending Water supply. EPA Region I Library, One Congress the public comment period from March Authority: This action is issued under the Street—11th Floor, Boston, MA 02114– 26, 1999 to May 10, 1999. authority of Sections 2002(a), 3006 and 2023, business hours: 8:30 a.m. to 5:00 7004(b) of the Solid Waste Disposal Act as p.m., Telephone: (617) 918–1990. 3. Recent Developments amended 42 U.S.C. 6912(a), 6926, 6974(b). FOR FURTHER INFORMATION CONTACT: Since the publication of the proposed Dated: September 24, 1999. Robin Biscaia, EPA Region I, One disapproval, the EPA and Massachusetts Chuck Clarke, Congress Street, Suite 1100 (CHW), Department of Environmental Protection Regional Administrator, Region 10. Boston, MA 02114–2023; Telephone: [FR Doc. 99–25561 Filed 10–8–99; 8:45 am] (617) 918–1642. BILLING CODE 6560±50±P SUPPLEMENTARY INFORMATION:

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(‘‘DEP’’) have discussed a new limitations of the Hazardous and Solid management program. We granted regulatory approach with respect to Waste Amendments of 1984 (HSWA). authorization for changes to their CRTs. The DEP currently is seeking New federal requirements and program regarding satellite input from its Hazardous Waste prohibitions imposed by Federal accumulation on September 30, 1998, Advisory Committee regarding this new regulations that EPA promulgates under effective November 30, 1998 (63 FR approach. the authority of HSWA take effect in 52180). authorized States before they are 4. Comments to the Proposed Rule E. What Changes Are We Authorizing authorized for the requirements. Thus, With Today’s Action? EPA has received comments on the EPA will continue to implement those proposed rule Federal Register requirements and prohibitions in On January 8, 1998 the document from various sources, all of Massachusetts for which the state is not Commonwealth of Massachusetts which relate solely to CRTs. The EPA is authorized, including issuing permits submitted a final program revision not responding to these comments at for those provisions until the State is application seeking authorization of this time. Rather, if the DEP revises its granted authorization to do so. their changes in accordance with 40 regulations to adopt the new approach, 6. Technical Corrections CFR 271.21. We now make a final the EPA plans to publish a new decision that Massachusetts’ hazardous proposed rule in the Federal Register Additionally, EPA is making a waste program revision satisfies all of prior to any final approval, inviting technical correction to a provision the requirements necessary to qualify public comment on the new approach. referenced in its immediate final rule for Final authorization. Therefore, we If, on the other hand, the EPA and DEP published in the Federal Register on grant the Commonwealth of do not reach final agreement on the CRT September 30, 1998 (effective November Massachusetts final authorization for issue, the EPA will publish a future 30, 1998) which authorized the State for the following program changes which final Federal Register notice setting out the Satellite Accumulation Rule (63 FR cover the UWR and TC Rule except as its final decision on the current DEP 52180). This technical correction is they relate to CRTs: regulations and will respond to all described in section G below. comments that have been filed at that The TC Rule was promulgated on time. No final action regarding the CRT C. What is the Effect of Today’s March 29, 1990 (55 FR 11798) under the issue is being taken by the EPA at this Authorization Decision? authority of the Hazardous and Solid time. The effect of this decision is that a Waste Amendments (HSWA) to RCRA facility in Massachusetts subject to and refines and expands EPA’s 5. The Decision RCRA will now have to comply with the Extraction Procedure (EP) Toxicity Today’s action finalizes the Agency’s newly authorized State requirements Characteristics Rule promulgated on approval for final authorization of the instead of the equivalent federal May 19, 1980 (49 FR 33084). On May Commonwealth of Massachusetts for requirements in order to comply with 11, 1995 (60 FR 25492) EPA program revisions which cover the TC RCRA. The Commonwealth of promulgated the UWR which contains Rule and UWR except as they relate to Massachusetts has enforcement new streamlined hazardous waste CRTs. We conclude that Massachusetts’ responsibilities under its state management regulations governing the application to revise its authorized hazardous waste program for violations collection and management of certain program, excluding provisions which of such program, but EPA also retains its widely generated wastes (batteries, relate to the regulation of CRTs, meets full authority under RCRA sections pesticides and thermostats) known as all of the statutory and regulatory 3007, 3008, 3013, and 7003. universal wastes. In addition, the requirements established by RCRA. This action does not impose regulation contains a provision for a Therefore, we grant the Commonwealth additional requirements on the petition process through which of Massachusetts final authorization to regulated community because the state additional wastes can be added. operate its hazardous waste program regulations for which Massachusetts is The specific RCRA program revisions with the changes described in the being authorized by today’s action have for which EPA authorizes the authorization application except for already been in effect under state law, Commonwealth of Massachusetts are those that relate to CRTs. Massachusetts and are not changed by today’s action. listed in the table below. The Federal has responsibility for permitting requirements in the table are identified Treatment, Storage, and Disposal D. What Has Massachusetts Previously by their checklist numbers and rule Facilities (TSDFs) within its borders Been Authorized For? descriptions. The following (except in Indian country) and for Massachusetts initially received Final abbreviations are used in defining carrying out the aspects of the RCRA Authorization on January 24, 1985, analogous state authority: MGL = program described in its revised effective February 7, 1985 (50 FR 3344) Massachusetts General Laws; CMR = program application, subject to the to implement its base hazardous waste Code of Massachusetts Regulations.

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Description of Federal Requirement and Checklist Reference Number Analogous State Authority 1

Consolidated Checklist for the Toxicity Characteristic Revisions as of MGL c 21C §§ 4 and 6, enacted 11/9/79; 310 CMR 30.099(25) adopted June 30, 1994 11/9/90, 30.104(13) adopted 10/17/97, 30.105 adopted 11/17/95, (74) Toxicity Characteristic Revisions: 55 FR 11798, 3/29/90 as 30.125B adopted 11/9/90, 30.130 adopted 11/9/90, and 30.155B amended on 6/29/90 55 FR 26986; adopted 11/9/90 and amended 10/17/97. (80) Hydrocarbon Recovery Operations: 55 FR 40834, 10/5/90 as (The Massachusetts regulatory citations above are approved except as amended on 2/1/91, 56 FR 3978 as amended on 4/2/91, 56 FR they relate to CRTs.) 13406, optional rule (MA is not seeking authorization for this provision); (84) Chlorofluoro Refrigerants: 56 FR 5910, 2/13/91, optional rule, (MA is not seeking authorization for this provision); (108) Toxicity Characteristics Revision; Technical Correction: 57 FR 30657, 7/10/92; (117B) Toxicity Characteristic Revision: 57 FR 23062, 6/1/92, (correction not applicable; MA is not seeking authorization for this provision); (119) Toxicity Characteristic Revision, TCLP: 57 FR 55114, 11/24/ 92, optional rule (MA is not seeking authorization for this provision). Universal Waste Rule Checklists 142 A±E MGL c 21C §§ 4 and 6, enacted 11/9/79 and MGL c 21E § 6, enacted (142A) Universal Waste Rule: General Provisions, 60 FR 25492± July 20, 1992; 310 CMR 30.010, 30.130, 30.143(2), 30.340(1), 25551, 5/11/95; 30.351(2)(b)6 and 30.351(3), 30.353(2)(b)5 and 30.353(3), (142B) Universal Waste Rule: Specific Provisions for Batteries, 60 30.392(8), 30.393(6), 30.501(2)(e), 30.601(2)(e), 30.801(14), and FR 25492±25551, 5/11/95; 30.1000 adopted on 10/17/97. (142C) Universal Waste Rule: Specific Provisions for Pesticides, 60 FR 25492±25551, 5/11/95; (142D) Universal Waste Rule: Specific Provisions for Thermostats, 60 FR 25492±25551, 5/11/95; (143E) Universal Waste Rule: Petition Provisions to Add a New Universal Waste, 60 FR 25492 25492±25551, 5/11/95; 1 The Commonwealth of Massachusetts' provisions are from the Code of Massachusetts Regulations, 310 CMR 30.000, Hazardous Waste Regulations, adopted October 17, 1997.

The specific State regulation not Related to the coverage of batteries (40 CFR part 261, appendix II, 8.2, 8.4 covered in this action is 310 CMR under the UWR, Massachusetts, as and 8.5). 30.104(21) which falls under 310 CMR required by The Mercury-Containing • 310 CMR 30.1033(4), 30.1043(5) 30.104, ‘‘Wastes Not Subject 310 CMR and Rechargeable Battery Management and 30.1061 cover state closure 30.000’’ and identifies intact CRTs as a Act of May 13, 1996 (‘‘The Battery requirements which specifies that waste not subject to Massachusetts’ Act’’), (Public Law 104–142), has handlers who cease operations shall hazardous waste regulations. EPA is implemented state requirements comply with state closure requirements limiting its approval of the State’s TC governing the collection, storage and at 310 CMR 30.689, which require Rule regulations to all wastes except transportation of batteries which are removal of waste and site CRTs. identical to EPA’s UWR requirements. decontamination. This provision covers There are differences from the federal all of the State’s universal wastes F. Where Are the Revised State Rules requirements regarding how (including batteries). Different From the Federal Rules? Massachusetts regulates batteries, but • 310 CMR 30.1043(a), (b) require the EPA has determined that they do not large quantity handlers of universal Under the provisions of the State’s concern the ‘‘collection, storage or waste (other than batteries) to notify the UWR program, there are several transportation’’ of batteries, where the State of their universal waste activity differences related to the way in which State is required to be identical. For even though they may have previously universal wastes are regulated. First, as example, the EPA has determined that provided notification for hazardous allowed by EPA’s UWR (40 CFR part the State’s requirement regarding site waste activity; the federal requirement 273, subpart G), the State program closure (described below) is not within does not require such re-notification. includes additional waste streams; i.e., what is preempted by the Battery Act. • 310 CMR 30.1033(3) requires small mercury-containing devices and The differences, and the reasons why quantity generators to submit a change mercury containing lamps are included the EPA has determined that there is no of status request in anticipation of as universal wastes (310 CMR 30.1081). preemption, are set forth in the EPA’s accumulating 5,000 kg or more of The inclusion of these additional Administrative Record, which is universal waste (other than batteries); wastes, however, is viewed as available for public review. there is no such federal requirement. equivalent to the federal rule rather than We consider the following State • 310 CMR 30.1010 does not allow broader in scope (or less stringent) as requirements to be more stringent than transfer facilities (except for batteries) as the federal rule allows a petition process the Federal requirements: defined in 40 CFR 273.6. by which additional wastes may be • 310 CMR 30.155B(10) requires • 310 CMR 30.1034(3)(b)(7) requires added. Massachusetts has adopted a quality assurance/quality control that ampules, once removed from rulemaking process rather than a procedures (QA/QC) in the State’s TCLP thermostats, be fully regulated as a petition process to include additional test which are more stringent than the hazardous waste. Under the federal wastes under its universal waste analogous federal procedures as the UWR program, ampules removed from program, a provision the EPA also State has not adopted EPA’s changes to thermostats are subject to the less considers equivalent. QA/QC procedures under the TC Rule restrictive UWR management standards

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Section 115) provide for notifying potentially are federally enforceable. In Massachusetts? affected small governments, enabling We also consider the following State Massachusetts is not authorized to officials of affected small governments requirements go beyond the scope of the carry out its hazardous waste program to have meaningful and timely input in Federal program: in Indian country within the State. the development of EPA regulatory • 310 CMR 30.1034(5)(c)(2) and Therefore, this action has no effect on proposals with significant Federal 30.1044(5) requires dismantling/ Indian country. EPA will continue to intergovernmental mandates, and crushing operations of small and large implement and administer the RCRA informing, educating, and advising quantity generators who recycle crushed program in these lands. small governments on compliance with fluorescent bulbs to obtain a State the regulatory requirements. recycling permit. There is no federal J. What Is Codification and Is EPA EPA has determined that section 202 permitting requirement for recycling Codifying Massachusetts’ Hazardous and 205 requirements do not apply to activities per se, although storage prior Waste Program as Authorized in This today’s action because this rule does not to recycling could trigger the federal Rule? contain a Federal mandate that may part B permit requirements of 40 CFR Codification is the process of placing result in annual expenditures of $100 part 264. the State’s statutes and regulations that million or more for State, local, and/or • 310 CMR 30.392(8) and 30.393(6). comprise the State’s authorized tribal governments in the aggregate, or The State UWR program also has a hazardous waste program into the Code the private sector. Costs to State, local provision regarding the household of Federal Regulations. We do this by and/or tribal governments already exist hazardous waste collection events in referencing the authorized State rules in under the Massachusetts’ program, and which universal wastes may be 40 CFR part 272. We are today today’s action does not impose any collected. The regulation of this event is authorizing, but not codifying, the additional obligations on regulated a broader-in-scope provision as there is enumerated revisions to the entities. In fact, EPA’s approval of State no analogous federal component. Massachusetts program. We reserve the programs generally may reduce, not However, the EPA also has determined amendment of 40 CFR part 272, subpart increase, compliance costs for the that these State provisions (insofar as W for the codification of Massachusetts’ private sector. Further, as it applies to they cover universal wastes) do not program until a later date. the State, this action does not impose a result in the State program being non- Federal intergovernmental mandate equivalent to the federal program under K. Regulatory Analysis and Notices because UMRA does not include duties RCRA or non-identical under The Unfunded Mandates Reform Act arising from participation in a voluntary Battery Act. federal program. Broader-in-scope requirements are not Title II of the Unfunded Mandates The requirements of section 203 of part of the authorized program and EPA Reform Act of 1995 (UMRA), Public UMRA also do not apply to today’s does not enforce them. Although Law 104–4, establishes requirements for action because this rule contains no sources must comply with these Federal agencies to assess the effects of regulatory requirements that might requirements in accordance with state their regulatory actions on State, local, significantly or uniquely affect small law, they are not federal RCRA and tribal governments and the private governments. Although small requirements. sector. Under section 202 of the UMRA, governments may be hazardous waste EPA generally must prepare a written generators, transporters, or own and/or G. What Technical Corrections Are statement, including a cost-benefit operate TSDFs, they are already subject Addressed by Today’s Action? analysis, for proposed and final rules to the regulatory requirements under the On September 30, 1998, EPA with ‘‘Federal mandates’’ that may existing State laws that are being published its decision to authorize result in expenditures to State, local, authorized by EPA, and, thus, are not Massachusetts for revisions that relate to and tribal governments, in the aggregate, subject to any additional significant or EPA’s Satellite Rule (see 63 FR 52180). or to the private sector, of $100 million unique requirements by virtue of this In the regulatory crosswalk table of that or more in any one year. Before program approval. notice, EPA cited an incorrect date of promulgating an EPA rule for which a Certification Under the Regulatory 12/29/84 on which EPA promulgated its written statement is needed, section 205 Flexibility Act Satellite Rule at 49 FR 49568. Note, this of the UMRA generally requires EPA to document corrects the date cited in the identify and consider a reasonable Pursuant to the Regulatory Flexibility regulatory crosswalk on which EPA’s number of regulatory alternatives and Act (5 U.S.C. 601 et seq., as amended by Satellite Rule was promulgated to read adopt the least costly, most cost- the Small Business Regulatory 12/20/84. effective or least burdensome alternative Enforcement Fairness Act of 1996), that achieves the objectives of the rule. whenever an agency is required to H. Who Handles Permits After This The provisions of section 205 do not publish a notice of rulemaking for any Authorization Takes Effect? apply when they are inconsistent with proposed or final rule, it must prepare Massachusetts will issue permits for applicable law. Moreover, section 205 and make available for public comment all the provisions for which it is allows EPA to adopt an alternative other a regulatory flexibility analysis that authorized and will administer the than the least costly, most cost-effective describes the effect of the rule on small permits it issues. EPA will continue to or least burdensome alternative if the entities (i.e., small businesses, small administer any RCRA hazardous waste Administrator publishes with the final organizations, and small governmental permits or portions of permits which we rule an explanation why that alternative jurisdictions). This analysis is

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If rule that: (1) The Office of Management authorization will not have a significant EPA complies with consulting, and Budget determines is ‘‘economically economic impact on a substantial Executive Order 12875 requires EPA to significant’’ as defined under Executive number of small entities. Such small provide to the Office of Management Order 12866, and (2) Concerns an entities which are hazardous waste and Budget a description of the extent environmental health or safety risk that generators, transporters, or which own of EPA’s prior consultation with EPA has reason to believe may have a and/or operate TSDFs are already representatives of affected State, local disproportionate effect on children. If subject to the regulatory requirements and tribal governments, the nature of the regulatory action meets both criteria, under the existing State laws that are their concerns, copies of any written the Agency must evaluate the now being authorized by EPA. communications from the governments, environmental health or safety effects of The EPA’s authorization does not and a statement supporting the need to the planned rule on children and impose any significant additional issue the regulation. In addition, explain why the planned regulation is burdens on these small entities. This is Executive Order 12875 requires EPA to preferable to other potentially effective because EPA’s authorization would develop an effective process permitting and reasonably feasible alternatives simply result in an administrative elected officials and other considered by the Agency. change, rather than a change in the representatives of State, local and tribal This rule is not subject to E.O. 13045 substantive requirements imposed on governments ‘‘to provide meaningful because it is not an economically these small entities. and timely input in the development of significant rule as defined by E.O. Pursuant to the provision at 5 U.S.C. regulatory proposals containing 605(b), the Agency hereby certifies that 12866, and because it does not concern significant unfunded mandates.’’ environmental health or safety risks that this authorization will not have a This rule does not create a mandate significant economic impact on a the EPA has reason to believe may have on State, local or tribal governments. a disproportionate effect on children. substantial number of small entities. The rule does not impose any This authorization approves regulatory Rather, this rule simply applies enforceable duties on these entities. The previously established health and safety requirements under existing State law to State administers its hazardous waste which small entities are already subject. requirements with respect to the program voluntarily, and any duties on Massachusetts state RCRA program. It does not impose any new burdens on other State, local or tribal governmental small entities. This rule, therefore, does entities arise from that program, not Compliance with Executive Order 13084 not require a regulatory flexibility from this action. Accordingly, the Under Executive Order 13084, EPA analysis. requirements of Executive Order 12875 may not issue a regulation that is not Submission to Congress and the do not apply to this rule. required by statute, that significantly or Comptroller General On August 4, 1999, President Clinton uniquely affects the communities of The Congressional Review Act, 5 issued a new executive order on Indian tribal governments, and that U.S.C. 801 et seq., as added by the Small federalism, Executive Order 13132 (64 imposes substantial direct compliance Business Regulatory Enforcement FR 43255, August 10, 1999) which will costs on those communities, unless the Fairness Act of 1996, generally provides take effect on November 2, 1999. In the Federal government provides the funds that before a rule may take effect, the interim, the current Executive Order necessary to pay the direct compliance agency promulgating the rule must 12612 (52 FR 41685, October 30, 1987) costs incurred by the tribal submit a rule report, which includes a on federalism still applies. This rule governments, or EPA consults with copy of the rule, to each House of the will not have substantial direct effect on those governments. If EPA complies Congress and to the Comptroller General States, on the relationship between the with consulting, Executive Order 13084 of the United States. The EPA will national government and the States, or requires EPA to provide to the Office of submit a report containing this rule and on the distribution of power and Management and Budget, in a separately other required information to the U.S. responsibilities among the various identified section of the preamble to the Senate, the U.S. House of levels of government, as specified in rule, a description of the extent of EPA’s Representatives and the Comptroller Executive Order 12612 because this rule prior consultation with representatives General of the United States prior to affects only one State. In addition, this of affected tribal governments, a publication of the rule in today’s rule simply approves the State’s summary of the nature of their concerns, Federal Register. This rule is not a proposal to be authorized for updated and a statement supporting the need to ‘‘major rule’’ as defined by 5 U.S.C. requirements in the hazardous waste issue the regulation. In addition, 804(2). program that the state has voluntarily Executive Order 13084 requires EPA to chosen to operate. Finally, as a result of develop an effective process permitting Compliance With Executive Order this action, for provisions enacted elected officials and other 12866 pursuant to the Hazardous and Solid representatives of Indian tribal The Office of Management and Budget Waste Amendments of 1984 (HSWA), governments ‘‘to provide meaningful has exempted this rule from the those newly authorized provisions of and timely input in the development of requirements of Executive Order 12866. the State’s program now apply in regulatory policies on matters that Massachusetts in lieu of the equivalent significantly or uniquely affect their Compliance With Executive Order Federal program provisions. Affected communities.’’ 12875 parties are subject only to those This rule is not subject to E.O. 13084 Under Executive Order 12875, EPA authorized state program provisions, as because it does not significantly or may not issue a regulation that is not opposed to being subject both to the uniquely affect the communities of required by statute and that creates a Federal and State program provisions. Indian tribal governments.

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Massachusetts is not authorized to FEDERAL EMERGENCY section to provide that final payment of implement the RCRA hazardous waste MANAGEMENT AGENCY the Federal share is made to the Grantee program in Indian country. This action upon approval of the Project Worksheet, has no effect on the hazardous waste 44 CFR Part 206 rather than the project. And in § 206.208 program that EPA implements in the RIN 3067±AC89 we eliminated the damage survey report Indian country within the State. requirement for the implementation of Disaster Assistance; Redesign of direct Federal assistance and replaced it Paperwork Reduction Act Public Assistance Program with a requirement for a mission Administration assignment letter to the appropriate Under the Paperwork Reduction Act, federal agency. Following is a summary 44 U.S.C. 3501 et seq., Federal agencies AGENCY: Federal Emergency of the comments and responses. must consider the paperwork burden Management Agency (FEMA). Several States commented that the imposed by any information request ACTION: Final rule. proposed amendments to the governing contained in a proposed rule or a final regulations were generally acceptable. rule. This rule will not impose any non- SUMMARY: We (FEMA) have redesigned Some suggested that additional changes federal information requirements upon the Public Assistance Program to to the rule were necessary to explain the the regulated community. provide money to applicants more meaning of the redesigned process quickly and to make the application better for improving the delivery of the National Technology Transfer and process simpler than before. Specific Public Assistance Program. We believe Advancement Act changes to regulations rename that the comments have merit and documents, define terms, adjust Section 12(d) of the National where terminologies are not consistent responsibilities, and edit the rule in a Technology Transfer and Advancement we are making additional changes to way that we hope makes the rule easier define terms better and to adjust Act of 1995 (‘‘NTTAA’’), Public Law to read and understand. This rule responsibilities as follows: 104–113, section 12(d) (15 U.S.C. 272 reflects changes that we need to put the • Several commenters noted that we note) directs EPA to use voluntary new Public Assistance Program into might have omitted State participation consensus standards in its regulatory effect. in the preparation of Project Worksheets activities unless to do so would be EFFECTIVE DATE: This rule is effective on from the responsibilities of the Grantee, inconsistent with applicable law or November 12, 1999. which could result in misinterpretations otherwise impractical. Voluntary with other sections of the rule. By way FOR FURTHER INFORMATION CONTACT: consensus standards are technical of explanation, we encourage applicants James D. Duffer, Federal Emergency standards (e.g., materials specifications, to formulate their own small projects Management Agency, room 713, 500 C test methods, sampling procedures, and and to prepare Project Worksheets. For Street SW., Washington DC 20472, (202) those unable to do so, we will prepare business practices) that are developed or 646–3532, or (email) Project Worksheets for small projects. adopted by voluntary consensus [email protected]. standards bodies. The NTTAA directs We also prepare Project Worksheets for SUPPLEMENTARY INFORMATION: On EPA to provide Congress, through OMB, all large projects. The State is November 20, 1998, we published an explanations when the Agency decides responsible for providing assistance to interim final rule on the redesigned the applicant and FEMA, as appropriate, not to use available and applicable Public Assistance Disaster Grant voluntary consensus standards. for the purposes of identifying and Program (Project Administration) in the validating small and large projects. We This action does not involve imposing Federal Register at 63 FR 64423. We edited § 206.202(b)(2), § 206.202(d)(1)(i) federal technical standards. Therefore, invited comments for 45 days ending on and § 206.228(a)(2)(i) to explain the EPA did not consider the use of any January 4, 1999. We received eight sets State’s responsibility better and make voluntary consensus standards. of comments: Five from States; one from the rule easier to understand in this an organization; and, one from an regard. List of Subjects in 40 CFR Part 271 individual. Comments varied widely. • One commenter observed that Environmental protection, One commenter objected to changing § 206.202(d)(1)(ii) of the interim rule Administrative practice and procedure, the regulations; some thought that mistakenly omitted the word certain amended language required Confidential business information, ‘‘substantive’’. We corrected this section more clarification; some proposed Hazardous waste, Hazardous waste to include the word ‘‘substantive’’ in the additions to the amendatory language; text of the rule. Our intent (as we noted transportation, Incorporation by and, some supported the rule as written. under What Changes Are We Making to reference, Indian lands, We have carefully considered the the Rule?) is that the first substantive Intergovernmental relations, Penalties, comments and performed clarifying meeting (known as the Kickoff Meeting) Reporting and recordkeeping amendments to § 206.201, § 206.202, is between the applicant, the Public requirements, Water pollution control, § 206.204, § 206.205, and § 206.208 that Assistance Coordinator (PAC) and the Water supply. are technical in nature and do not Liaison (a State supplied position) when Authority: This action is issued under the require republication of the rule for possible. The PAC contacts the authority of sections 2002(a), 3006 and comment. Specifically, within § 206.201 subgrantee to arrange the Kickoff 7004(b) of the Solid Waste Disposal Act as we added that a scope of work and cost Meeting. At this meeting a subgrantee’s amended 42 U.S.C. 6912(a), 6926, 6974(b). estimate for a project are documented damages will be discussed, needs on a Project Worksheet. We amended assessed, and a plan of action put in Dated: September 29, 1999. § 206.202 to explain the State’s place. The PAC will go over what we John P. DeVillars, responsibility better and to make the expect of the subgrantee and will Regional Administrator, Region I. rule easier to understand in this regard. provide detailed instructions on what to [FR Doc. 99–26332 Filed 10–8–99; 8:45 am] We replaced the term ‘‘Damage Survey do and how to do it. The State Liaison BILLING CODE 6560±50±P Report’’ with ‘‘Project Worksheet’’ at will discuss State requirements for § 206.204. In § 206.205 we amended the administering the programmatic and

VerDate 06-OCT-99 10:21 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\A12OC0.008 pfrm04 PsN: 12OCR1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations 55159 grant management requirements of the and locals to avail themselves of the • A commenter stated that the Public Assistance Program. This training materials mounted on our web redesigned Public Assistance Program meeting is also the place to bring any site that includes clearly marked areas should not be implemented until we questions or concerns that the for Public Assistance Program closed out one of the ‘‘pilot’’ disasters subgrantee may have about how the information and publications. and audited the program result. We public assistance process works. • One commenter expressed that appreciate the comment but we do not • One commenter said that a change there could be confusion with the terms take that view. State and local officials should be made to the Payment of ‘‘we’’ and ‘‘you’’ as used throughout the who participated in the pilot Claims for small projects. Under the text of the proposed language. We have enthusiastically endorsed the previous process for small projects, final considered the possibility and agree. To redesigned process. Changes to the payment of the Federal share was made reduce the potential for confusion, regulations incorporate the lessons that to the Grantee upon project approval terminology changes throughout text of we learned from the pilot. The (each project was separately identified the proposed language have been made evaluation of program performance is an on a Damage Survey Report). The to reflect the term’s ‘‘Grantee’’ and essential part of the redesigned program. comment has merit because the ‘‘subgrantee’’ as appropriate. An overall survey program began in late • redesigned process approves all small Another commenter noted that 1997 specifically for this purpose. We projects listed on a Project Worksheet as allowable administrative costs for conducted an initial survey, Public a single grant. We edited § 206.205(a) to subgrantees are insufficient to complete Assistance Program Evaluation and say that we make final payment of the program responsibilities and said the Customer Satisfaction Baseline Survey, Federal share of these projects to the allowance should be increased. The from December 1997 through February Grantee when we approve the Project statutory allowance to assist in the cost 1998 and we published results of the Worksheet. of requesting, obtaining and • survey in April 1998. The Baseline Another commenter proposed a administering Federal assistance is Survey revealed that, while a majority of change to eliminate the term DSR under outside the scope of the changes to the respondents were satisfied with the § 206.208(c)(1), Direct Federal regulations. overall Public Assistance (PA) Program • A commenter asserted that FEMA Assistance. In the past, the Regional and its major components, customer should retain the requirement to explain Director had to prepare a damage survey satisfaction levels were below our in writing to a State Program report establishing the scope and performance expectations. In response, Administrator any delays beyond 45 estimated cost of eligible work before our headquarters and regional staffs days in the obligation of Federal funds. execution of the work by another designed performance standards and We appreciate the comment but we do Federal agency that had the mission targets for the PA Program to make the not take that view. We keep our assignment to provide direct Federal Program a more customer-responsive assistance. This requirement was a pre- obligation to explain delays but remove and performance-based operation. We Federal Response Plan activity. We the requirement for written explanation. published the standards in June 1998 in edited this section to eliminate the DSR The program relies greatly on open Public Assistance Program Performance requirement. However, the mission communication, which we effect in a Standards. We are now conducting a assignment letter to the agency variety of ways. For instance, soon after series of Post-Disaster Surveys to providing direct Federal assistance will the declaration, FEMA and State evaluate the effectiveness of new define the eligible scope of work, the officials will meet to develop a public processes for the delivery of financial estimated cost of the eligible work and assistance recovery strategy, which will address FEMA and State staffing plans. assistance and services to customers. the billing frequency. • • Another commenter observed for As other examples, State staff assigned Another commenter observed that § 206.204(e) that we needed to eliminate to the Resource Pool may assist in § 206.228(a)(2)(i)(A–D) had been left out the term DSR (Damage Survey Report) recovery efforts by providing technical of the November 20, 1998 Federal and replace it with PW (Project assistance to applicants requesting Register notice. We appreciate the Worksheet). We made that change. assistance with their small project comment and when we found the error We also received comments that were formulation activities, by validating an we published a correction in the unrelated to matters of terminology or applicant’s small projects, by assisting Federal Register, 64 FR 41827, August consistency in the interim rule. in the formulation of large projects, or 2, 1999, to ensure that we retain the Following is our summary of and by reviewing an applicant’s case subparagraphs. They are in the final response to these comments: management file. Through the Federal, rule. • A commenter observed that the State and local partnership all • A commenter expressed the desire grantee and subgrantee must be trained participants will know why delays to have Federal Register notices appear before a disaster and that we should greater than 45 days in obligating on the FEMA Website. We believe the provide adequate funding for training Federal funds may occur both through comment has merit and have asked our and publications to implement the open communication and through the Office of the General Counsel to post all Public Assistance Program properly. In review of an applicant’s case FEMA-generated Federal Register response, our priority is to train FEMA management file. We believe that it publications on the FEMA Website. staff to better deliver the redesigned would be redundant to duplicate this National Environmental Policy Act Public Assistance Program. Although information in writing separately, when we do not propose a formal training the same information is available from Our regulations categorically exclude program for States and applicants, we either the Public Assistance Coordinator this rule from the preparation of are providing educational and training (PAC), the State Liaison, or an environmental impact statements and materials in a variety of forms and applicant’s case management file. environmental assessments as an delivery methods to educate States and • Another commenter observed that administrative action in support of applicants. To prepare States to train we had deleted § 206.202(f). We normal day-to-day grant activities. We applicants we have provided limited appreciate the comment and note that have not prepared an environmental training to the States (e.g. train-the- the final rule retains that section in its assessment or an environmental impact trainer classes). We are relying on States original form. statement.

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Executive Order 12866, Regulatory on the ability of United States-based State contribution required in the Planning and Review enterprises to compete with foreign- FEMA-State Agreement; and We do not expect this rule (1) to affect based enterprises. (iii) Pay the State contribution adversely the availability of disaster This final rule is exempt (1) from the consistent with State laws. assistance funding to small entities, (2) requirements of the Regulatory 3. Amend section § 206.201 by to have significant secondary or Flexibility Act, and (2) from the revising the heading and the definitions incidental effects on a substantial Paperwork Reduction Act. The rule is of project and project approval in number of small entities, or (3) to create not an unfunded Federal mandate paragraphs (i) and (j) to read as follows: within the meaning of the Unfunded any additional burden on small entities. § 206.201 Definitions used in this subpart. As Director I certify that this rule is Mandates Reform Act of 1995, Pub. L. not a significant regulatory action 104–4. It does not meet the * * * * * (i) A project is a logical grouping of within the meaning of section 2(f) of $100,000,000 threshold of that Act, and work required as a result of the declared E.O. 12866 of September 30, 1993, 58 any enforceable duties are imposed as a FR 51735, and that it attempts to adhere condition of Federal assistance or a duty major disaster or emergency. The scope to the regulatory principles set forth in arising from participation in a voluntary of work and cost estimate for a project E.O. 12866. The Office of Management Federal program. are documented on a Project Worksheet (FEMA Form 90–91). and Budget has not reviewed this rule List of Subjects in 44 CFR Part 206 under E.O. 12866. (1) We must approve a scope of Disaster assistance, Public assistance. eligible work and an itemized cost Paperwork Reduction Act Accordingly, the interim rule estimate before funding a project. (2) A project may include eligible This rule does not contain a collection published at 63 FR 64425, Nov. 20, work at several sites. of information and therefore is not 1998, amending 44 CFR part 206 is (j) Project approval means the process subject to the provisions of the adopted as final with the following in which the Regional Director, or Paperwork Reduction Act of 1995. changes: designee, reviews and signs an approval Executive Order 12612, Federalism PART 206ÐDISASTER ASSISTANCE of work and costs on a Project In publishing this rule, we considered Worksheet or on a batch of Project the President’s Executive Order 12612 1. The authority citation for part 206 Worksheets. Such approval is also an on Federalism. This rule makes no continues to read as follows: obligation of funds to the Grantee. changes in the division of governmental Authority: The Robert T. Stafford Disaster * * * * * responsibilities between the Federal Relief and Emergency Assistance Act, 42 4. Revise § 206.202 to read as follows: government and the States. Grant U.S.C. 5121 et seq.; Reorganization Plan No. administration procedures under 44 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., § 206.202 Application procedures. CFR Part 13, Uniform Administrative p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 (a) General. This section describes the Requirements for Grants and Comp., p. 376; E.O. 12148, 44 FR 43239, 3 policies and procedures that we use to Cooperative Agreements to State and CFR, 1979 Comp., p. 412; and E.O. 12673, 54 process public assistance grants to FR 12571, 3 CFR, 1989 Comp., p. 214. Local Governments, remain the same. States. Under this section the State is We have not prepared a Federalism 2. Revise § 206.200(b) to read as the Grantee. As Grantee you are assessment. follows: responsible for processing subgrants to applicants under 44 CFR parts 13, 14, § 206.200 General. Executive Order 12778, Civil Justice and 206, and your own policies and Reform * * * * * procedures. This rule meets the applicable (b) What policies apply to FEMA (b) Grantee. You are the grant standards of section 2(b)(2) of Executive public assistance grants? (1) The administrator for all funds provided Order 12778, Civil Justice Reform, dated Stafford Act requires that we deliver under the Public Assistance grant October 25, 1991, 3 CFR, 1991 Comp., eligible assistance as quickly and program. Your responsibilities under p. 359. efficiently as possible consistent with this section include: Federal laws and regulations. We expect (1) Providing technical advice and Congressional Review of Agency the Grantee and the subgrantee to assistance to eligible subgrantees; Rulemaking adhere to Stafford Act requirements and (2) Providing State support for project We have submitted this final rule to to these regulations when administering identification activities to include small the Congress and to the General our public assistance grants. and large project formulation and the Accounting Office under the (2) The regulations entitled ‘‘Uniform validation of small projects; Congressional Review of Agency Requirements for Grants and (3) Ensuring that all potential Rulemaking Act, Pub. L. 104–121. The Cooperative Agreements to State and applicants are aware of available public rule is not a ‘‘major rule’’ within the Local Governments,’’ published at 44 assistance; and meaning of that Act. It is an CFR part 13, place requirements on the (4) Submitting documents necessary administrative action in support of State in its role as Grantee and gives the for the award of grants. normal day-to-day activities. It does not Grantee discretion to administer federal (c) Request for Public Assistance result in nor is it likely to result in an programs under their own procedures. (Request). The Grantee must send a annual effect on the economy of We expect the Grantee to: completed Request (FEMA Form 90–49) $100,000,000 or more; it will not result (i) Inform subgrantees about the status to the Regional Director for each in a major increase in costs or prices for of their applications, including applicant who requests public consumers, individual industries, notifications of our approvals of Project assistance. You must send Requests to Federal, State, or local government Worksheets and our estimates of when the Regional Director within 30 days agencies, or geographic regions; and it we will make payments; after designation of the area where the will not have ‘‘significant adverse (ii) Pay the full amounts due to damage occurred. effects’’ on competition, employment, subgrantees as soon as practicable after (d) Project Worksheets. (1) An investment, productivity, innovation, or we approve payment, including the applicant’s authorized local

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The (i) We or the applicant, assisted by the following three categories: Federal agency must not exceed the State as appropriate, will prepare a (i) Variations in unit prices; approved funding limit without the Project Worksheet (FEMA Form 90–91) (ii) Change in the scope of eligible authorization of the RD. for each project. The Project Worksheet work; or * * * * * must identify the eligible scope of work (iii) Delays in timely starts or 8. Amend § 206.228 by revising and must include a quantitative completion of eligible work. paragraph (a)(2)(i) to read as follows: estimate for the eligible work. (2) The subgrantee must evaluate each cost overrun and, when justified, submit (ii) The applicant will have 60 days § 206.228 Allowable costs. a request for additional funding through following its first substantive meeting * * * * * the Grantee to the RD for a final with us to identify and to report damage (a) * * * determination. All requests for the RD’s to us. (1) * * * approval will contain sufficient (2) Statutory Administrative Costs—(i) (2) When the estimated cost of work documentation to support the eligibility Grantee. Under section 406(f)(2) of the on a project is less than $1,000, that of all claimed work and costs. The Stafford Act, we will pay you, the State, work is not eligible and we will not Grantee must include a written an allowance to cover the extraordinary approve a Project Worksheet for the recommendation when forwarding the costs that you incur to formulate Project project. Periodically we will review this request. The RD will notify the Grantee Worksheets for small and large projects, minimum approval amount for a Project in writing of the final determination. to validate small projects, to prepare Worksheet and, if needed, will adjust FEMA will not normally review an final inspection reports, project the amount by regulation. overrun for an individual small project. applications, final audits, and to make (e) Grant approval. (1) Before we The normal procedure for small projects related field inspections by State obligate any funds to the State, the will be that when a subgrantee discovers employees. Eligible costs include Grantee must complete and send to the a significant overrun related to the total overtime pay and per diem and travel Regional Director a Standard Form (SF) final cost for all small projects, the expenses, but do not include regular 424, Application for Federal Assistance, subgrantee may submit an appeal for time for your State employees. The and a SF 424D, Assurances for additional funding in accordance with allowance to the State will be based on Construction Programs. After we receive § 206.206, within 60 days following the the following percentages of the total the SF 424 and SF 424D, the Regional completion of all its small projects. amount of Federal assistance that we Director will obligate funds to the provide for all subgrantees in the State Grantee based on the approved Project * * * * * 6. Amend § 206.205 by revising under sections 403, 406, 407, 502, and Worksheets. The Grantee will then paragraph (a) to read as follows: 503 of the Act: approve subgrants based on the Project (A) For the first $100,000 of total Worksheets approved for each § 206.205 Payment of Claims. assistance provided (Federal share), applicant. (a) Small Projects. Final payment of three percent of such assistance. (2) When the applicant submits the the Federal share of these projects will (B) For the next $900,000, two percent Project Worksheets, we will have 45 be made to the Grantee upon approval of such assistance. days to obligate Federal funds. If we of the Project Worksheet. The Grantee (C) For the next $4,000,000, one have a delay beyond 45 days we will will make payment of the Federal share percent of such assistance. explain the delay to the Grantee. to the subgrantee as soon as practicable (D) For assistance over $5,000,000, (f) Exceptions. The following are after Federal approval of funding. Before one-half percent of such assistance. exceptions to the procedures and time the closeout of the disaster contract, the * * * * * limitations outlined in paragraphs (c), Grantee must certify that all such Dated: October 1, 1999. (d), and (e) of this section. projects were completed in accordance James L. Witt, (1) Grant applications. An Indian with FEMA approvals and that the State Director. tribe or authorized tribal organization contribution to the non-Federal share, as [FR Doc. 99–26352 Filed 10–8–99; 8:45 am] may submit a SF 424 directly to the RD specified in the FEMA-State Agreement, BILLING CODE 6718±02±P when the Act authorizes assistance and has been paid to each subgrantee. Such a State is legally unable to assume the certification is not required to specify responsibilities that these regulations the amount spent by a subgrantee on FEDERAL COMMUNICATIONS prescribe. small projects. The Federal payment for COMMISSION (2) Time limitations. The RD may small projects shall not be reduced if all extend the time limitations shown in of the approved funds are not spent to 47 CFR Part 0 paragraphs (c) and (d) of this section complete a project. However, failure to when the Grantees justifies and makes complete a project may require that the [GC Docket No. 96±55; FCC 99±262] a request in writing. The justification Federal payment be refunded. Examination of Current Policy must be based on extenuating * * * * * circustances beyond the grantee’s or Concerning the Treatment of 7. Amend § 206.208 by revising Confidential Information Submitted to subgrantee’s control. paragraph (c)(1) to read as follows: 5. Amend § 206.204 by revising the Commission § 206.208 Direct Federal Assistance. paragraph (e) to read as follows: AGENCY: Federal Communications * * * * * Commission. § 206.204 Project performance. (c) Implementation. (1) If the RD ACTION: Final rule. * * * * * approves the request, a mission

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SUMMARY: The Commission denies specific assurances against such clarify that documents will not be reconsideration of its decision disclosure, the requesting agency has disclosed until the Commission amending its rules concerning the established a legitimate need for the disposes of any application for review of treatment of confidential information information, the confidentiality of the the order denying confidentiality and, if submitted to the Commission. It also information will be maintained by the a judicial stay of that order is sought, makes five technical amendments to its requesting agency, and disclosure is not until the court disposes of the motion Freedom of Information Act-related prohibited by the Privacy Act or other for stay. This is consistent with out rules. The amended rules provide the law. 47 CFR 0.442(b). A party who current practice. In addition, in the General Accounting Office with more submits confidential information to the Report and Order we indicated that we expedited access to confidential Commission is notified at the time the would amend section 0.459 to permit information submitted to the records are requested by another federal third party owners of materials subject Commission. Another amendment agency and may oppose the requests. No to confidentiality disputes to participate clarifies that if a request for notice is provided, however, if notice in the proceeding resolving the confidentiality is denied, the documents will unduly interfere with law confidentiality issue, but by oversight will not be disclosed until the enforcement activities, in which case section 0.459 was not so amended. Commission disposes of an application notice is provided once the potential for Section 0.459 will be amended for review or a court acts on a motion interference is eliminated. 47 CFR accordingly and corresponding changes for stay. The third amendment permits 0.442(d)(1), (2). If the party who will be made to section 0.461. We also third party owners of materials subject submitted the confidential information believe that the rules should be to confidentiality disputes to participate does not object, the information is amended to make clear that if a in the proceeding. Another rule provided to the requesting federal response in opposition to a amendment permits parties seeking agency. 47 CFR 0.442(d)(3). If disclosure confidentiality request is filed, the party confidential treatment of materials to is opposed, and the Commission requesting confidentiality should be reply to oppositions to requests for decides to provide the information to able to reply. Section 0.459 will be confidentiality. the requesting agency, the submitting amended to so provide. We will also DATES: Effective October 12, 1999. party is afforded 10 working days to correct the citation to the Paperwork FOR FURTHER INFORMATION CONTACT: seek a judicial stay. 47 CFR 0.442(d)(4). Reduction Act (PRA) in 47 CFR 0.442(a) Laurence H. Schecker, Office of General 3. Recently, the Commission has and (b), because the confidentiality Counsel, (202) 418–1720. received numerous requests for section of the PRA was recodified as 44 SUPPLEMENTARY INFORMATION: documents from GAO. The 10-day U.S.C. 3510(b). These modifications are 1. The Commission has under notice procedures of section 0.442 have either nonsubstantive rule changes or consideration a petition for resulted in unnecessary delay when procedural rules that do not require reconsideration filed by MCI GAO requests information that is notice and comment under the WorldCom, Inc. (MCIW), of our decision deemed confidential by the submitting Administrative Procedure Act, 5 U.S.C. setting out our general policies party. We do not believe this notice 553(b)(A) (rules of agency procedure do governing the handling of confidential period is necessary, as GAO is required not require notice and comment). See information. In the Matter of under its own statute, 31 U.S.C. 716(e), Aluminum Co. of America v. FTC, 589 Examination of Current Policy to maintain the confidentiality of F. Supp. 169, 178 (S.D.N.Y. 1984) Concerning the Treatment of confidential information that it obtains (holding FOIA rules are procedural Confidential Information Submitted to from the Commission. Moreover, the rules); see also JEM Broadcasting Co., the Commission, 63 FR 44161 (August Commission is obligated by law to allow Inc. v. FCC, 22 F.3d 320, 326–28 (D.C. 18, 1998); 13 FCC Rcd 24816 (1998) GAO access to its records. See 31 U.S.C. Cir. 1994) (rules of agency procedure are (Report and Order). MCIW seeks rule 716(a). Given GAO’s undisputed exempt from general notice and changes that would restrict the ability of statutory authority, in our experience comment requirements of the APA). For a submitting party to seek confidential the 10-day period has merely resulted in the same reason, we will make this treatment of tariff cost support data and delaying GAO’s ability to gain access to change effective October 12, 1999. See that would allow access to confidential requested information. We will 5 U.S.C. 553(d). information pursuant to a protective therefore amend section 0.442(e) to List of Subjects in 47 CFR Part 0 order while a denial of confidentiality provide that the advance notification was being appealed to the Commission. requirement does not apply to requests Freedom of Information. We deny MCIW’s petition. In addition, from the GAO, although we will Federal Communications Commission. we amend the rules to ensure that the continue to provide notice that GAO has Magalie Roman Salas, General Accounting Office (GAO) has been afforded access to the documents. Secretary. more efficient access to confidential We find good cause that this rule change materials, consistent with its statutory may be made without notice and Rule Changes authority, and to make minor technical comment because it is more consistent Part 0 of Title 47 of the Code of changes to the confidentiality portions with Congress’ clear intent that GAO be Federal Regulations is amended as of our Freedom of Information Act afforded unimpeded access to follows: (FOIA) regulations. Commission records, and thereby better 2. Disclosure to the GAO. Section serves the public interest. See 5 U.S.C. PART 0ÐCOMMISSION 0.442 of our Rules, 47 CFR 0.442, along 553(b)(B). For the same reason, we will ORGANIZATION with 44 U.S.C. 3510, governs disclosure make this change effective upon 1. The authority citation for Part 0 of records to other federal government publication in the Federal Register. See continues to read as follows: agencies (but not to Congress, see 47 5 U.S.C. 553(d)(3). CFR 0.442(e)). Section 0.442 currently 4. Technical Amendments to the Authority: Sec 5, 48 Stat. 1068, as provides that information submitted to Rules. We take this opportunity to make amended; 47 U.S.C. 155, 225, unless the Commission in confidence will be several minor procedural amendments otherwise noted. disclosed to other federal agencies as to our confidentiality regulations. 2. Section 0.442 is amended by long as the Commission has not given Section 0.459(g) will be modified to removing ‘‘3508(a)’’ and adding

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‘‘3510(b)’’ in its place in paragraphs (a) (i)(1) If a request for inspection of period, the record will be produced for and (b), and by revising paragraph records submitted to the Commission in inspection. (d)(1), (d)(3), and (e) to read as follows: confidence under § 0.457(d) or § 0.459 is * * * * * granted, an application for review of the § 0.442 Disclosure to other Federal [FR Doc. 99–26520 Filed 10–8–99; 8:45 am] government agencies of information action may be filed by the person who BILLING CODE 6712±01±U submitted to the Commission in submitted the records to the confidence. Commission or by a third party owner * * * * * of the records. The application for FEDERAL COMMUNICATIONS (d)(1) Except as provided in review and the envelope containing it (if COMMISSION paragraphs (d)(2) and (d)(3) of this any) shall be captioned ‘‘Review of section, a party who furnished records Freedom of Information Action.’’ The 47 CFR Part 64 to the Commission in confidence will be application for review shall be filed [CC Docket 98±170; FCC 99±72] notified at the time that the request for within 10 working days after the date of disclosure is submitted and will be the written ruling, shall be delivered or Truth-in-Billing and Billing Format mailed to the General Counsel, and shall afforded 10 days in which to oppose AGENCY: Federal Communications disclosure. be served on the person who filed the Commission. request for inspection of records. The * * * * * ACTION: Final rule; establishment of first day to be counted in computing the (3) A party who furnished records to effective date. the Commission in confidence under time period for filing the application for § 0.457(d) or 0.459 will not be afforded review is the day after the date of the SUMMARY: This document establishes the prior notice when the disclosure is written ruling. If an application for effective and compliance dates of the made to the Comptroller General. Such review is not filed within this period, Commission’s rules published June 25, a party will instead be notified of the records will be produced for 1999 concerning Truth-in-Billing. The disclosure of the records to the inspection. The person who filed the rules are intended to ensure that Comptroller General either individually request for inspection of records may consumers are provided with basic or by public notice. respond to the application for review information they need to make informed * * * * * within 10 working days after it is filed. choices among telecommunications (e) Except as provided in paragraph (2) If the request for inspection of services and providers, to protect (d)(3) of this section, nothing in this records submitted to the Commission in themselves against inaccurate and section is intended to govern disclosure confidence under § 0.457(d) or § 0.459 is unfair billing practices, and to enhance of information to Congress or the partially granted and partially denied, their ability to detect cramming and Comptroller General. the person who submitted the records to slamming. 3. Section 0.459 is amended by the Commission, a third party owner of DATES: Sections 64.2000 and 64.2001 adding a sentence to the end of the records and the person who filed the become effective November 12, 1999. paragraph (d)(1), by adding a sentence request for inspection of those records However, compliance with to the end of paragraph (g), and by may file an application for review § 64.2001(a)(2)’s requirement that adding paragraph (i) to read as follows: within the 10 working days after the carriers highlight new service providers, date of the written ruling. The and § 64.2001(c), which requires that § 0.459 Requests that materials or carriers identify deniable and information submitted to the Commission application for review and the envelope be withheld from public inspection. containing it (if any) shall be captioned nondeniable charges, is required by April 1, 2000. * * * * * ‘‘REVIEW OF FREEDOM OF (d)(1) * * * If a response in INFORMATION ACTION.’’ The FOR FURTHER INFORMATION CONTACT: opposition to a confidentiality request is application for review shall be delivered David A. Konuch, Enforcement filed, the party requesting or mailed to the General Counsel. If Division, Common Carrier Bureau (202) confidentiality may file a reply. either person files an application for 418–0960. SUPPLEMENTARY INFORMATION: * * * * * review, it shall be served upon the other On April (g) * * * Materials will be accorded person. 15, 1999, the Commission adopted an order establishing billing principles to confidential treatment, as provided in (3) If an application for review is ensure that consumers are provided § 0.459(g) and § 0.461, until the denied, the person filing the application Commission acts on any timely with basic information they need to for review will be notified in writing make informed choices among applications for review of an order and advised of their rights. denying a request for confidentiality, telecommunications services and (4) If an application for review filed and until a court acts on any timely providers, to protect themselves against by the person who submitted the motion for stay of such an order denying inaccurate and unfair billing practices, records to the Commission or who owns confidential treatment. and to enhance their ability to detect the records is denied, or if the records cramming and slamming. A summary of * * * * * are made available on review which this order was published in the Federal (i) Third party owners of materials were not initially made available, the Register. See 64 FR 34488, June 25, submitted to the Commission by another person who submitted the records to the 1999. Because §§ 64.2000 and 64.2001 party may participate in the proceeding Commission or who owns the records impose new information collection resolving the confidentiality of the will be afforded 10 working days from requirements, they could not become materials. the date of the written ruling in which 4. Section 0.461 is amended by effective until approved by the Office of to move for a judicial stay of the revising paragraph (i) to read as follows: Management and Budget (OMB). On Commission’s action. The first day to be September 24, 1999, OMB approved the § 0.461 Requests for inspection of counted in computing the time period information collections contained in the materials not routinely available for public for seeking a judicial stay is the day rules. During this review, OMB raised inspection. after the date of the written ruling. If a concerns that certain requirements of * * * * * motion for stay is not made within this the Order could impair the efforts of

VerDate 06-OCT-99 16:10 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.XXX pfrm01 PsN: 12OCR1 55164 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations some telecommunications carriers and SUPPLEMENTARY INFORMATION: This is a requirements: ‘‘The only entities providers, particularly small and summary of the Commission’s Second required to comply with the [assistance medium-sized carriers, to ensure that Report and Order (Second R&O) in CC capability] requirements are their systems are Y2K compliant. The Docket No. 97–213, FCC 99–229, telecommunications common carriers, Commission recognized that ensuring adopted August 26, 1999, and released the components of the public switched that telecommunications-related August 31, 1999. The complete text of network where law enforcement computer systems are Y2K compliant is the Second R&O is available on the agencies have served most of their an important public concern. Commission’s Internet site, at surveillance orders.’’ (Id., at 21.) Accordingly, in light of the concerns www.fcc.gov. It is also available for Further, the legislative history contains raised by OMB, the Commission has inspection and copying during normal examples of the types of service agreed to delay, until April 1, 2000, the business hours in the FCC Reference providers subject to CALEA: ‘‘The compliance date for rule 64.2001(a)(2)’s Information Center, Courtyard Level, definition of ‘telecommunications requirement that carriers highlight new 445 12th Street, S.W., Washington, DC, carrier’ includes such service providers service providers, and rule 64.2001(c), and may be purchased from the as local exchange carriers, which requires that carriers identify Commission’s copy contractor, interexchange carriers, competitive deniable and nondeniable charges. International Transcription Services, access providers (CAPs), cellular Compliance with other principles and Inc., CY–B400, 445 12th Street S.W., carriers, providers of personal guidelines adopted in the Order, Washington, DC. communications services (PCS), including rule 64.2001(a)(2)’s Synopsis of the Report and Order satellite-based service providers, cable requirement that carriers separate operators, and electric and other charges on bills by service provider, is 1. The Commission adopts a Second utilities that provide required November 12, 1999. Report and Order (Second R&O) in CC telecommunications services for hire to Docket No. 97–213, regarding List of Subjects in 47 CFR Part 64 the public, and any other wireline or implementation of sections 102 and 109 wireless service for hire to the public.’’ Communications common carriers, of the Communications Assistance for (140 Cong. Rec. H–10779 (daily ed. Consumer protection, Law Enforcement Act, Public Law 103– October 7, 1994) (statement of Rep. Telecommunications. 414, 108 Stat. 4279 (1994) (CALEA). Hyde).) Federal Communications Commission. Although the Notice of Proposed Rule 4. The legislative history of CALEA Magalie Roman Salas, Making (NPRM) in this proceeding makes clear that the requirements of (which can be found at 62 FR 63302, Secretary. CALEA do not necessarily apply to all Nov. 11, 1997) proposed certain rules, offerings of a carrier. The House Report [FR Doc. 99–26311 Filed 10–8–99; 8:45 am] the Second R&O does not adopt rules BILLING CODE 6712±01±P states: ‘‘[C]arriers are required to comply regarding sections 102 and 109. only with respect to services or facilities 2. Section 102 Issues: CALEA does that provide a customer or subscriber not modify the existing surveillance FEDERAL COMMUNICATIONS with the ability to originate, terminate laws. Instead, it requires COMMISSION or direct communications.’’ (H.R. Rep. telecommunications carriers to ensure No. 103–827(I), at 21.) Thus, an entity 47 CFR Part 64 that their facilities are capable of is a telecommunications carrier subject providing the surveillance law to CALEA to the extent it offers, and [CC Docket No. 97±213; FCC 99±229] enforcement is authorized to conduct. with respect to, such services. The language and legislative history of Implementation of the 5. CALEA also makes clear that its CALEA provide sufficient guidance as requirements do not apply to certain Communications Assistance for Law to what the term ‘‘telecommunications Enforcement Act entities and services. Subsection carrier’’ means, such that it can be 102(8)(C) of the definition specifically AGENCY: Federal Communications applied to particular carriers, their excludes information services, and the Commission. offerings and facilities. legislative history makes clear that 3. Subsections 102(8)(A) and (B) ACTION: Policy statement. CALEA does not apply to private identify what entities are subject to network services: SUMMARY: This document examines the CALEA: essentially, common carriers definition of ‘‘telecommunications offering telecommunications services for [T]elecommunications services that carrier’’ set forth in section 102 of the sale to the public. Section 103(a) support the transport or switching of Communications Assistance to Law clarifies that the assistance capability communications for private networks or for the sole purpose of interconnecting Enforcement Act (CALEA), which requirements apply to ‘‘equipment, telecommunications carriers * * * need not determines which entities and services facilities, or services that provide a meet any wiretap standards. PBXs are are subject to the assistance capability customer or subscriber with the ability excluded. So are automated teller machine and other requirements of CALEA, and to originate, terminate, or direct (ATM) networks and other closed networks. discusses how the definition applies to communications. * * *’’ The House Also excluded from coverage are all various types of service providers. It Report provides further clarification in information services, such as Internet service also provides guidance regarding the terms of the functions of covered providers or services such as Prodigy and factors the Commission will consider in America-On-Line. services, stating: ‘‘Thus, a carrier All of these private network systems or making determinations under section providing a customer with a service or information services can be wiretapped 109 of CALEA as to whether compliance facility that allows the customer to pursuant to court order, and their owners with CALEA’s assistance capability obtain access to a publicly switched must cooperate when presented with a requirements is ‘‘reasonably achievable’’ network is responsible for complying wiretap order, but these services and systems for particular carriers, and the showings with the capability requirements’’ (H.R. do not have to be designed so as to comply to be made by entities filing petitions Rep. No. 103–827(I), at 26 (1994).) The with the capability requirements. under section 109. House Report also describes CALEA’s 6. CALEA’s definitions of FOR FURTHER INFORMATION CONTACT: focus in terms of law enforcement ‘‘telecommunications carrier’’ and Thomas Wasilewski, 202–418–1310. agencies’ traditional surveillance ‘‘information services’’ were not

VerDate 06-OCT-99 16:10 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.XXX pfrm01 PsN: 12OCR1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations 55165 modified by the 1996 Act, and the 9. Commercial Mobile Radio Services CMRS services is not warranted, CALEA definitions therefore remain in (CMRS). CMRS providers are considered however, absent a more complete record force for purposes of CALEA. The telecommunications carriers for the on the resultant impact on operators and pertinent sections of CALEA are not part purposes of CALEA. This result is on CALEA objectives. of the Communications Act. Further, the required by section 102(8)(B)(i) of 13. Private Mobile Radio Services 1996 Act expressly provides that it did CALEA, which states that the definition (PMRS). PMRS operators are not not alter existing law by implication, of ‘‘telecommunications carrier’’ telecommunications carriers subject to and in the 1996 Act Congress did not includes ‘‘a person or entity engaged in CALEA when they offer PMRS services, repeal or even address the CALEA providing commercial mobile service (as but the determination of whether a definitions. Although in virtually all defined in section 332(d) of [the particular mobile service offering is cases the definitions of the two Acts Communications Act]).’’ Section 332(d) private or common carrier depends on will produce the same results, as a in turn defines the term ‘‘commercial the nature of the service and to whom matter of law the entities and services mobile service’’ as ‘‘any mobile service it is offered. Although private and subject to CALEA must be based on the ** * that is provided for profit and common carrier services are by CALEA definition, independently of makes interconnected service available definition mutually exclusive, see 47 their classification for the separate (A) to the public or (B) to such classes U.S.C. 332(d)(3), a given carrier may purposes of the Communications Act. of eligible users as to be effectively offer both. Where a PMRS operator uses 7. Common Carriers and Utilities. All available to a substantial portion of the its facilities to offer interconnected entities previously classified as public. * * *’’ service for profit to the public, or a ‘‘common carriers’’ are considered 10. Certain commenters claim that substantial portion of the public, that telecommunications carriers for the some entities normally classified as service qualifies as CMRS, and thus is purposes of CALEA, as are cable CMRS should not be considered subject subject to CALEA. operators and electric and other utilities to CALEA because they do not meet 14. Resellers. Resellers, as to the extent they offer CALEA’s definition of telecommunications carriers under the telecommunications services for hire to telecommunications carrier or are not terms of section 102, are generally the public. Such entities offer services technologically capable of CALEA subject to CALEA. However, resellers’ (some subject to CALEA, some not) that compliance. Examples cited include responsibility under CALEA is limited use copper-wire, cable, fiber-optic, and providers serving niche business to their own facilities, and they will wireless facilities to provide traditional markets with limited interconnect therefore not be held responsible for the telephone service, data service, Internet capability, such as Industrial/Business CALEA compliance responsibilities of access, cable television, and other Radio Services licensees offering for- the carrier whose services they are services. The Act’s legislative history profit interconnected service, local reselling with respect to the latter’s identifies such entities as subject to interconnected Specialized Mobile underlying facilities. Further, because CALEA to the extent that their service Radio (SMR) providers, and for-profit their offerings are limited to essentially offerings satisfy CALEA’s description of commercial interconnected 220 MHz private networks, most PBX providers covered services. Entities are not subject service licensees. To the extent these and many aggregators would fall outside to CALEA, however, with respect to services consist of interconnected the scope of CALEA. services and facilities leased for private service offered to the public, however, 15. Pay Telephone Providers. Pay networks, pursuant to the statute. In they meet the definition of CMRS set telephone providers are excluded from addition, cable television is an example forth in section 332(d) and the entities the CALEA definition of of a service not covered by CALEA offering them therefore must be telecommunications carrier. The CALEA because it is not a considered telecommunications carriers legislative history states that ‘‘[t]he only ‘‘telecommunications’’ service, even if subject to CALEA. entities required to comply with the delivered via the same transmission 11. To the extent ‘‘traditional’’ SMR functional requirements are facility as other, covered services. service offers interconnection, it meets telecommunications common carriers, 8. It is unnecessary to adopt the FBI’s the definition of CMRS and thus is the components of the public switched recommendation not to use the adverb subject to CALEA, but otherwise not. network where law enforcement ‘‘indiscriminately’’ in clarifying the Similarly, push-to-talk ‘‘dispatch’’ agencies have always served most of definition of telecommunications service is subject to CALEA to the extent their surveillance orders.’’ (H.R. Rep. carrier. The FBI is concerned that the it is offered in conjunction with No. 103–827(I), at 21.) Moreover, pay inclusion of this term may allow interconnected service, because in such telephone providers do not have the companies that hold themselves out to case it is a switched service functionally information and the means to effectuate serve only particular groups to equivalent to a combination of speed lawful electronic surveillance, which is undermine CALEA, intentionally or dialing and conference calling, but maintained by the carriers who provide inadvertently, by creating a loophole otherwise not. Thus, in any given case, switched telephone services to pay that would permit criminals to use the services an entity offers would telephone providers. telecommunications providers that do determine its CALEA responsibilities. 16. Information Services (IS) and not indiscriminately offer their services 12. The Commission recognizes that Calling Features. Where facilities are to the public. However, the courts have in certain cases compliance with the used solely to provide an information long held that a common carrier is one CALEA assistance capability service, whether offered by an that holds itself out to serve the public requirements may be economically exclusively-IS provider or by a common indiscriminately. This does not amount burdensome, or even impossible. In carrier that has established a dedicated to a threshold test that a service these cases, providers are allowed to IS system apart from its provider is a common carrier only if it seek extensions under section 107(c) of telecommunications system, such serves all who seek service. Instead, it CALEA, or may seek relief under section facilities are not subject to CALEA. is simply a restatement of the 109. The Commission is also prepared Where facilities are used to provide both proposition that common carriage status to reexamine this issue once it has telecommunications and information involves offering one’s services to the gained some experience in applying services, however, such joint-use general public. section 109. Exempting entire classes of facilities are subject to CALEA in order

VerDate 06-OCT-99 16:10 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.XXX pfrm01 PsN: 12OCR1 55166 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations to ensure the ability to surveil the impose significant difficulty or expense diversity of carrier networks, as well as telecommunications services. on the carrier or on the users of the other carrier characteristics, will, as a (Moreover, CALEA is technology carrier’s system and shall consider the matter of course, mean that certain neutral, and a carrier’s choice of following factors’’: factors will be more important to the technology when offering common A. The effect on public safety and arguments of certain carriers than carrier services thus does not change its national security; others, and that not all of the factors obligations under CALEA.) For example, B. The effect on rates for basic enumerated in section 109 may be digital subscriber line (DSL) services are residential telephone service; relevant to the analysis of a given generally offered as tariffed C. The need to protect the privacy and reasonable achievability petition. telecommunications services, and security of communications not 21. A central concern to many therefore subject to CALEA, even authorized to be intercepted; commenters is the issue of how the though the DSL offering often would be D. The need to achieve the capability Commission will approach the cost of used in the provision of information assistance requirements of section 103 CALEA compliance when evaluating services. On the other hand, where an by cost-effective methods; section 109 petitions. As a general entity uses its own wireless or satellite E. The effect on the nature and cost principle, in making judgments under facilities to distribute an information of the equipment, facility, or service at section 109, the Commission will look service only, the mere use of issue; only to the additional cost incurred in transmission facilities would not make F. The effect on the operation of the making equipment and facilities CALEA the offering subject to CALEA as a equipment, facility, or service at issue; compliant. In many instances carriers telecommunications service. G. The policy of the United States to will become CALEA compliant in the 17. Calling features such as call encourage the provision of new course of general network upgrades, and forwarding (and the corresponding technologies and services to the public; will recover any additional cost of voice mail feature, call redirection), call H. The financial resources of the CALEA compliance through their waiting, three-way (i.e., conference) telecommunications carrier; normal charges. (If, in particular, law calling, and speed dialing are I. The effect on competition in the enforcement and industry reach considered to be so closely related to provision of telecommunications agreements regarding switch basic service that they are treated as services; prioritization that enable the adjuncts to it. See North American J. The extent to which the design and Commission to grant extensions of time Telecommunications Ass’n, 101 FCC 2d development of the equipment, facility, under section 107(c) allowing carriers to 349 (1985), recon. denied, 3 FCC Rcd or service was initiated before January 1, make certain equipment CALEA 4385 (1988). They are also like 1995; compliant as part of the normal upgrade traditional pen registers and traps and K. Such other factors as the cycle, with resulting low compliance traces in that they relate to the set-up or Commission determines are appropriate. costs, the Commission would expect routing of telecommunications, rather 20. Some commenters suggested that such compliance generally to be than its content. Moreover, the certain of these factors should be reasonably achievable. On the other legislative history of CALEA explicitly accorded special significance, while hand, there may be cases in which law states that they are covered services. others suggested that additional factors enforcement opposes any extension of Accordingly, these specific calling should be considered. It would be time for making particular equipment features will be considered covered by premature at this point to assign special CALEA compliant, resulting in CALEA, whether offered over wireline weight to any one factor generally, or to substantial additional costs to a carrier. or wireless facilities. adopt additional factors. Legislative In those cases, compliance could be 18. Other Issues. It is not necessary at history indicates that CALEA ‘‘seeks to considered not to be reasonably this time either to identify by rule balance three key policies: (1) to achievable.) The Commission expects additional classes of entities within preserve a narrowly focused capability that CALEA solutions that would CALEA’s definition of for law enforcement agencies to carry require a carrier to change vendors in telecommunications carrier, pursuant to out properly authorized intercepts; (2) order to purchase costly new switching section 102(8)(B)(ii), or to exempt in the to protect privacy in the face of equipment, or to replace costly existing Commission’s rules any classes increasingly powerful and personally facilities, would generally not be pursuant to section 102(8)(C)(ii). revealing technologies; and (3) to avoid deemed reasonably achievable. Any Moreover, codification in the impeding the development of new petitioner who argues that it is unable Commission’s rules of a list of examples communications services and to comply with CALEA for reasons of would run the risk of being considered technologies.’’ (H.R. Rep. No. 103– cost must present quantitative cost definitive rather than merely 827(I), at 13.) In light of the overall information that is as detailed, accurate illustrative, and such a list is therefore purpose of CALEA to preserve law and complete as possible, which the not adopted. enforcement’s ability to conduct Commission will analyze along with 19. Section 109 Issues: Section surveillance, the Commission must in any technological problems related to 109(b)(1) of CALEA provides that any all cases consider public safety and, the nature of the equipment, facility, or interested person may petition the where applicable, national security, in service at issue. Large carriers with Commission for a determination its analysis of section 109 petitions. At multiple switch types in networks that regarding whether compliance with the the same time, given the importance cover large or diverse areas may present assistance capability requirements of Congress has placed on the privacy and data on a per-switch basis, in order to section 103 of CALEA is ‘‘reasonably security of communications that are not identify compliance problems specific achievable’’ with respect to any the targets of court-ordered surveillance, to particular segments of the carrier’s equipment, facility, or service installed and the need to ensure that the network. or deployed after January 1, 1995. development of new technologies and 22. In order to distinguish the Section 109(b) provides that, in making services is not impeded, those factors additional costs of CALEA compliance determinations as to reasonable involving privacy and innovation are from the costs of general network achievability, ‘‘the Commission shall also likely to be important in many upgrades, costs will be considered determine whether compliance would cases. However, the technological related to CALEA compliance only if

VerDate 06-OCT-99 10:21 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\A12OC0.060 pfrm04 PsN: 12OCR1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations 55167 carriers can show that they would not including quantitative data. Special The filing of a section 109 petition will have been incurred but for the consideration for a new market entrant not automatically toll the CALEA implementation of CALEA. For would not necessarily be tantamount to compliance deadline; such tolling instance, costs incurred as an incidental an unfair subsidy. would be tantamount to an automatic consequence of CALEA compliance are 26. Any petitioner who seeks relief extension of the deadline, which may not directly related to CALEA under section 109 on the basis of the not be appropriate in all cases. compliance and should be excluded delay in the adoption of assistance 29. In light of industry’s significant from the carrier’s showing. Finally, capability standards must present role in developing the assistance general overhead costs cannot be carrier- or equipment-specific facts capability standards of CALEA, section allocated to CALEA compliance, only demonstrating that such delay actually 109 is to be reserved for the examination additional overheads incremental to and has made CALEA compliance infeasible. of specific carrier compliance problems, resulting from CALEA compliance. Claims alleging a lack of CALEA- and is not to be used as a vehicle for 23. Carrier size and geographic compliant software and hardware on the rearguing the standards that have been location may be significant market will be taken into consideration established for compliance with section considerations under section 109. in the evaluation of section 109 103. However, if law enforcement and the petitions, but only if raised with 30. Some carriers may file petitions telecommunications industry agree on a sufficient specificity and supported under section 107(c) for extensions of flexible CALEA deployment schedule with a particularized showing. Law time to comply with CALEA, which the that results in an extension of the enforcement need not demonstrate that Commission may grant if it ‘‘determines current compliance deadline for equipment or facilities have been used that compliance with the assistance equipment and facilities in areas that for criminal activity in cases where capability requirements under section are not high priorities for law reasonable achievability petitions are 103 is not reasonably achievable enforcement, it is not likely that many filed before CALEA-compliant hardware through application of technology small rural carriers will need relief or software is available. With respect to available within the compliance under section 109. the FBI’s delay in issuing capacity period.’’ To the extent the Commission 24. Implementation of section 109 requirements, there has now been ample finds it appropriate to grant extensions should seek to minimize any adverse time for industry to evaluate these of time under section 107(c), it may be effects of CALEA compliance on quality requirements, and the Commission does necessary to provide relief under section of service and subscriber rates. This not expect to grant section 109 petitions 109 only in unusual cases. approach is consistent with the mandate on the basis of the timing of the 31. Procedural matters. This action is to the Commission in section 109(b)(1) issuance of the requirements. taken pursuant to sections 1, 2, 4(i), to determine ‘‘whether compliance 27. Pursuant to section 109(b)(1)(J), 201(a), 229, 301, 303 and 332(c) of the would impose significant difficulty or the extent to which the design and Communications Act of 1934, 47 U.S.C. expense on the carrier or the users of the development of equipment was initiated 151, 152, 154(i), 201(a), 229, 301, 303, carrier’s systems . . . .’’ Moreover, the before January 1, 1995, will be 332(c)(1)(B). same section directs the Commission to considered to the extent appropriate in 32. Ordering clauses. Accordingly, IT consider the effect of compliance on the Commission’s examination of IS ORDERED that the Regulatory rates for ‘‘basic residential telephone section 109 petitions. In commenting on Flexibility Analysis, as required by service,’’ reflecting a special section 109(b)(1)(J), certain parties argue Section 604 of the Regulatory Flexibility Congressional concern about rate as well that the definition of ‘‘installed Act and as set forth below, is adopted. impacts for that service. (In addition, or deployed’’ adopted by the FBI as part 33. It is Further Ordered that the under section 107(b), one of the factors of its cost recovery rules is excessively Commission’s Office of Public Affairs, that the Commission is to consider in narrow in restricting its application to Reference Operations Division, SHALL establishing technical requirements or equipment, facilities, and services SEND a copy of this SECOND REPORT standards is minimizing the cost of ‘‘operable and available for use’’ by a AND ORDER, including the Final compliance on residential ratepayers.) carrier’s customers by January 1, 1995. Regulatory Flexibility Analysis, to the However, the arguments in this record (The FBI’s final cost recovery rules are Chief Counsel for Advocacy of the Small that CALEA compliance will increase set forth at 28 CFR 100.9–100.21. The Business Administration. rates, affect quality of service, make FBI’s definition in its rules of ‘‘installed particular technologies and services or deployed’’ is found at 28 CFR Final Regulatory Flexibility Analysis unprofitable, prevent the introduction of 100.10.) Under section 109(e) of CALEA, 34. As required by the Regulatory services to the market, or price services the Attorney General is vested with the Flexibility Act (RFA),1 an Initial out of the reach of certain groups of responsibility for establishing cost Regulatory Flexibility Analysis (IRFA) customers, are at this point inherently control regulations governing the was incorporated in the Notice of speculative. Any such arguments made Federal Government’s payment of costs Proposed Rulemaking in this in individual petitions under section associated with bringing equipment proceeding.2 The Commission sought 109 will be given substantial weight installed or deployed on or before written public comment on the only to the extent they are made with January 1, 1995, into compliance with proposals in the NPRM, including the particularity and are grounded on CALEA. The Commission is assigned IRFA. This Final Regulatory Flexibility specific quantitative data. only a consultatory role with respect to Analysis (FRFA) conforms to the RFA.3 25. The Commission may consider the such cost control regulations. 47 U.S.C. financial resources of individual 1008(e)(2). 1 See 5 U.S.C. 603. The RFA, 5 U.S.C. 601 et seq., telecommunications carriers under Thus, it is not within the has been amended by the Contract with America section 109(b)(1)(H), and industrywide Commission’s authority to adopt rules Advancement Act, Public Law 104–121, 110 Stat. competitive pressures under section defining ‘‘installed or deployed.’’ 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness 109(b)(1)(I), in evaluating section 109 28. Equipment manufacturers and Act of 1996 (SBREFA). petitions. Requests for relief based on their associations are interested parties 2 62 FR 63302, Nov. 11, 1997, 13 FCC Rcd 3149, such factors must be supported by to this proceeding, and therefore will be 3184–94 (1997) (NPRM). carrier- or industry-specific facts, allowed to file section 109 petitions. 3 See 5 U.S.C. 604.

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35. Need for and Purpose of this comments directly responding to the less than 50,000.’’ 14 As of 1992, there Action. In the Second R&O, the IRFA that addressed issues dealt with in were approximately 85,006 such Commission, in compliance with 47 the Second R&O. Many parties, jurisdictions in the United States.15 This U.S.C. 229, promulgates policies however, submitted comments on the number includes 38,978 counties, cities, implementing the Communications Commission’s proposals affecting small and towns; of these, 37,566, or 96 Assistance for Law Enforcement Act.4 In businesses set forth in the NPRM. These percent, have populations of fewer than enacting CALEA, Congress sought to included requests that we exempt 50,000.16 The United States Bureau of ‘‘make clear a telecommunications certain categories of the Census (Census Bureau) estimates carrier’s duty to cooperate in the telecommunications carriers from the that this ratio is approximately accurate interception of communications for law assistance capability requirements, for all governmental entities. Thus, of enforcement purposes * * *’’ 5 The based on their limited operations or the the 85,006 governmental entities, we Second R&O addresses in particular burden of implementing the facility estimate that 81,600 (91 percent) are certain issues relevant to sections 102 changes necessary to meet the small entities. Below, we further and 109 of CALEA: (1) the definition of requirements, and that in considering describe and estimate the number of ‘‘telecommunications carrier’’ set forth whether compliance is reasonably small business concerns that may be in section 102, which determines which achievable, we attach special affected by the actions taken in this entities and services are subject to the significance to the economic impact on Second Report and Order. assistance capability and other ‘‘smaller carrier[s].’’ We summarize our 39. As noted, under the Small requirements of CALEA; and (2) the action on these comments below. Business Act, a ‘‘small business concern’’ is one that: (1) is factors the Commission will consider in 38. Description and Estimate of the independently owned and operated; (2) making determinations under section Number of Small Entities to Which the is not dominant in its field of operation; 109 of the Act as to whether compliance Actions Taken May Apply. The RFA and (3) meets any additional criteria with CALEA is reasonably achievable directs agencies to provide a description established by the SBA.17 The SBA has for particular carriers. of and, where feasible, an estimate of defined a small business for Standard 36. The policies adopted in the the number of small entities that may be Industrial Classification (SIC) categories Second R&O implement Congress’s goal affected by the action taken.8 The RFA 4812 (Radiotelephone Communications) of ensuring that telecommunications generally defines the term ‘‘small carriers support the lawful electronic and 4813 (Telephone Communications, entity’’ as having the same meaning as Except Radiotelephone) to be small surveillance needs of law enforcement the terms ‘‘small business,’’ ‘‘small agencies as telecommunications entities when they have no more than organization,’’ and ‘‘small governmental 1,500 employees.18 We first discuss the technologies evolve. These policies 9 jurisdiction.’’ In addition, the term number of small telecommunications promote the three key policies Congress ‘‘small business’’ has the same meaning sought to balance in enacting CALEA: entities falling within these SIC as the term ‘‘mall business concern’’ categories, then attempt to refine further ‘‘(1) to preserve a narrowly focused 10 under the Small Business Act. A small those estimates to correspond with the capability for law enforcement agencies business concern is one that: (1) is to carry out properly authorized categories of telecommunications independently owned and operated; (2) companies that are commonly used intercepts; (2) to protect privacy in the is not dominant in its field of operation; face of increasingly powerful and under our rules. and (3) satisfies any additional criteria 40. Total Number of personally revealing technologies; and established by the Small Business Telecommunications Entities Affected. (3) to avoid impeding the development 11 Administration (SBA). A small The Census Bureau reports that, at the of new communications services and organization is generally ‘‘any not-for- 6 end of 1992, there were 3,497 firms technologies.’’ profit enterprise which is independently engaged in providing telephone 37. Summary of the Issues Raised by owned and operated and is not services, as defined therein, for at least Public Comments Made in Response to dominant in its field.’’ 12 Nationwide, as one year.19 This number contains a the IRFA. In the NPRM, the Commission of 1992, there were approximately variety of different categories of entities, asked for comments that specifically 275,801 small organizations.13 And including local exchange carriers, 7 addressed issues raised in the IRFA. finally, ‘‘small governmental interexchange carriers, competitive The IRFA focused on proposed jurisdiction’’ generally means access providers, cellular carriers, reporting, recordkeeping and other ‘‘governments of cities, counties, towns, mobile service carriers, operator service compliance requirements relating townships, villages, school districts, or providers, pay telephone operators, PCS primarily to sections 105 and 107 of special districts, with a population of providers, covered SMR providers, and CALEA. These matters lie outside the resellers. It seems certain that some of immediate scope of the Second R&O, 8 5 U.S.C. 603(b)(3). those 3,497 telephone service firms may which is limited to clarifying what 9 5 U.S.C. 601(6). not qualify as small entities or small entities, services, and facilities are 10 10 U.S.C. 601(3) (incorporating by reference the incumbent LECs because they are not subject to CALEA (pursuant to section definition of ‘‘small business concern’’ in 15 U.S. ‘‘independently owned and 102) and examining the factors the 632). Pursuant to the RFA, the statutory definition of a small business applies ‘‘unless an agency, after Commission will consider when consultation with the Office of Advocacy of the 14 5 U.S.C. 601(5). determining if compliance with Small Business Administration and after 15 1992 Census of Governments, Bureau of the CALEA’s assistance capability opportunity for public comment, establishes one or Census, U.S. Dept. of Commerce. requirements is reasonably achievable more definitions of such term which are 16 Id. appropriate to the activities of the agency and 17 (pursuant to section 109). No party filed 15 U.S.C. 632. See, e.g., Brown Transport publishes such definition(s) in the Federal Truckload, Inc. v. Southern Wipers, Inc., 176 B.R. Register.’’ 5 U.S.C. 601(3). 82 (N.D. Ga. 1994). 4 Public Law 103–414, 108 Stat. 4279 (1994) 11 Small Business Act, 15 U.S.C. 632. 18 13 CFR 121.201. (codified as amended in sections of 18 U.S.C. and 12 5 U.S.C. 601(4). 19 1992 Census of Transportation, 47 U.S.C.). 13 1992 Economic Census, Bureau of the Census, Communications, and Utilities: Establishment and 5 CALEA, supra, at preamble. U.S. Dept. of Commerce, Table 6 (special tabulation Firm Size, Bureau of the Census, U.S. Dept. of 6 H.R. Rep. 103–827(I), at 16 (1994). of data under contract to Office of Advocacy of the Commerce, at Firm Size 1–123 (1995) (1992 7 NPRM at pars. 54–76. U.S. Small Administration). Census).

VerDate 06-OCT-99 10:21 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\A12OC0.063 pfrm04 PsN: 12OCR1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations 55169 operated.’’ 20 For example, a PCS emphasize that this RFA action has no that there are fewer than 1,410 small provider that is affiliated with an effect on FCC analyses and entity LECs or small incumbent LECs, interexchange carrier having more than determinations in other, non-RFA 151 IXCs, 129 CAPs, and 351 resellers 1,500 employees would not meet the contexts. that may be affected by the actions taken definition of a small business. It seems 43. Wireline Carriers and Service in the Second R&O. reasonable to conclude, therefore, that Providers (SIC 4813). The Census 45. Wireless Carriers (SIC 4812). The fewer than 3,497 telephone service firms Bureau reports that there were 2,321 Census Bureau reports that there were are small entity telephone service firms telephone communications companies 1,176 radiotelephone (wireless) or small incumbent LECs that may be other than radiotelephone companies in companies in operation for at least one affected by the actions taken in the operation for at least one year at the end year at the end of 1992, of which 1,164 Second R&O. of 1992.25 All but 26 of the 2,321 non- had fewer than 1,000 employees.29 Even 41. The most reliable source of radiotelephone companies listed by the if all of the remaining 12 companies had current information regarding the total Census Bureau were reported to have more than 1,500 employees, there numbers of common carrier and related fewer than 1,000 employees. Thus, even would still be 1,164 radiotelephone providers nationwide, including the if all 26 of those companies had more companies that might qualify as small numbers of commercial wireless than 1,500 employees, there would still entities if they are independently owned entities, appears to be data the be 2,295 non-radiotelephone companies are operated. Although it seems certain Commission publishes annually in its that might qualify as small entities or that some of these carriers are not ‘‘Carrier Locator’’ report, derived from small incumbent LECs. Although it independently owned and operated, we filings made in connection with the seems certain that some of these carriers are unable at this time to estimate with Telecommunications Relay Service are not independently owned and greater precision the number of (TRS).21 According to data in the most operated, we are unable at this time to radiotelephone carriers and service recent report, there are 3,604 interstate estimate with greater precision the providers that would qualify as small carriers.22 These include, inter alia, number of wireline carriers and service business concerns under SBA’s local exchange carriers, wireline carriers providers that would qualify as small definition. Consequently, we estimate and service providers, interexchange business concerns under SBA’s that there are fewer than 1,164 small carriers, competitive access providers, definition. Consequently, we estimate entity radiotelephone companies that operator service providers, pay that there are fewer than 2,295 small may be affected by the actions taken in telephone operators, providers of entity telephone communications the Second R&O. telephone toll service, providers of companies other than radiotelephone 46. Cellular, PCS, SMR and Other telephone exchange service, and companies that may be affected by the Mobile Service Providers. In an effort to resellers. actions taken in the Second R&O. further refine our calculation of the 42. We have included small 44. Local Exchange Carriers, number of radiotelephone companies incumbent local exchange carriers Interexchange Carriers, Competitive that may be affected by the actions taken (LECs) in this RFA analysis. As noted Access Providers, and Resellers. Neither in the Second R&O, we consider the above, a ‘‘small business’’ under the the Commission nor SBA has developed data that we collect annually in RFA is one that, inter alia, meets the a definition of small LECs, connection with the TRS for the pertinent small business size standard interexchange carriers (IXCs), subcategories Wireless Telephony (e.g., a telephone communications competitive access providers (CAPs), or (which includes PCS, Cellular, and business having 1,500 or fewer resellers. The closest applicable SMR) and Other Mobile Service employees), and ‘‘is not dominant in its definition for these carrier-types under Providers. Neither the Commission nor field of operation.’’ 23 The SBA’s Office SBA rules is for telephone the SBA has developed a definition of of Advocacy contends that, for RFA communications companies other than small entities specifically applicable to purposes, small incumbent LECs are not radiotelephone (wireless) companies.26 these broad subcategories, so we will dominant in their field of operation The most reliable source of information utilize the closest applicable definition because any such dominance is not regarding the number of these carriers under SBA rules, which is for ‘‘national’’ in scope.24 We have nationwide of which we are aware radiotelephone communications therefore included small incumbent appears to be the data that we collect companies.30 According to our most LECs in this RFA analysis, although we annually in connection with the TRS.27 recent TRS data, 732 companies According to our most recent data, there reported that they are engaged in the 20 15 U.S.C. 632(a)(1). are 1,410 LECs, 151 IXCs, 129 CAPs, provision of Wireless Telephony 21 Carrier Locator: Interstate Service Providers, and 351 resellers.28 Although it seems services and 23 companies reported that Fig. 1 (Jan. 1999) (Carrier Locator). See also 47 CFR certain that some of these carriers are they are engaged in the provision of 64.601–608. 31 22 Carrier Locator at Fig. 1. not independently owned and operated, Other Mobile Services. Although it 23 5 U.S.C. 601 (3). or have more than 1,500 employees, we seems certain that some of these carriers 24 Letter from Jere W. Glover, Chief Counsel for are unable at this time to estimate with are not independently owned and Advocacy, SBA, to William E. Kennard, Chairman, greater precision the number of these operated, or have more than 1,500 FCC (May 27, 1999). The Small Business Act employees, we are unable at this time to contains a definition of ‘‘small business concern,’’ carriers that would qualify as small which the RFA incorporates into its own definition business concerns under SBA’s estimate with greater precision the of ‘‘small business.’’ See 15 U.S.C. 632(a) (Small definition. Consequently, we estimate number of Wireless Telephony Business Act); 5 U.S.C. 601(3) (RFA). SBA Providers and Other Mobile Service regulations interpret ‘‘small business concern’’ to 25 Providers, except as described below, include the concept of dominance on a national 1992 Census, supra, at Firm Size 1–123. basis. 13 CFR 121.102(b). Since 1996, out of an 26 13 CFR 121.210, SIC Code 4813. that would qualify as small business abundance of caution, the Commission has 27 See 47 CFR 64.601 et seq.; Carrier Locator at included small incumbent LECs in its regulatory Fig. 1. 29 1992 Census, supra, at Firm Size 1–123. flexibility analyses. Implementation of the Local 28 Carrier Locator at Fig. 1. The total for resellers 30 Id. To the extent that the Commission has Competition Provisions of the Telecommunications includes both toll resellers and local resellers. The adopted definitions for small entities in connection Act of 1996, CC Docket, 96–98, First Report and TRS category for CAPs also includes competitive with the auction of particular wireless licenses, we Order, 61 FR 45475, Aug. 29, 1996, 11 FCC Rcd local exchange carriers (CLECs) (total of 129 for discuss those definitions below. 15499, 16144–45 (1996). both). 31 Carrier Locator at Fig. 1.

VerDate 06-OCT-99 10:21 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\A12OC0.065 pfrm04 PsN: 12OCR1 55170 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Rules and Regulations concerns under SBA’s definition. 49. The Commission has held two business as an entity that has average Consequently, we estimate that there are auctions for geographic area SMR gross revenues not exceeding $15 fewer than 732 small entity Wireless licenses. Sixty winning bidders in the million for the preceding three years.38 Telephony Providers and fewer than 23 900 MHz auction qualified as small The Commission has held two auctions small entity Other Mobile Service entities, and 38 in the 800 MHz auction. for Phase II 220 MHz licenses, and in Providers that might be affected by the Based on this information, we estimate them 53 entities that qualified as small actions taken in the Second R&O. that the number of geographic area SMR or very small entities were winning 47. Broadband PCS Licensees. The licensees that may be affected by the bidders. broadband PCS spectrum is divided into actions taken in the Second R&O 52. Paging. The Wireless six frequency blocks designated A includes these 98 small entities. An Telecommunications Bureau has through F, and the Commission has held additional 230 channels in the lower announced a series of auctions of paging auctions for each block. The portion of the 800 MHz SMR band will licenses, offering a total of 16,630 non- Commission defined ‘‘small business’’ be made available in a future auction. nationwide geographic area licenses.39 for Blocks C and F as an entity that has However, the Commission has not yet The first auction will commence on average gross revenues of not more than determined how many licenses will be February 24, 2000, and will consist of $40 million in the three previous offered, and thus at this time there is no 2,499 licenses.40 For purposes of these calendar years.32 These regulations basis on which to estimate how many auctions, a small business is defined as defining ‘‘small business’’ in the context small entities may win these licenses. an entity that, together with affiliates of broadband PCS auctions have been Given that nearly all radiotelephone approved by SBA.33 No small companies have fewer than 1,000 and controlling principals, has average businesses within the SBA-approved employees and that no reliable estimate gross revenues for the three preceding definition bid successfully for licenses of the number of prospective 800 MHz calendar years of not more than $15 in Blocks A and B. There have been 237 licensees can be made, we estimate, for million. The SBA has approved this 41 winning bidders that qualified as small purposes of this FRFA, that all of the definition. Given the fact that nearly entities in the four auctions that have licenses may be awarded to small all radiotelephone companies had fewer been held for licenses in Blocks C, D, E entities, some of which may be affected than 1,000 employees, and that no and F, all of which may be affected by by the actions taken in the Second R&O. reasonable estimate of the number of the actions taken in the Second R&O. 50. 220 MHz Radio Service. The 220 prospective paging licensees could be 48. SMR Licensees. The Commission MHz service has both Phase I and Phase made, the Commission has assumed, for has defined ‘‘small business’’ in II licenses. There are approximately purposes of the evaluations and auctions for geographic area SMR 1,515 Phase I non-nationwide licensees conclusions in the FRFA, that all the licenses as a firm that had average and four nationwide licensees currently auctioned 16,630 geographic area annual gross revenues of not more than authorized to operate in the 220 MHz licenses would be awarded to small $15 million in the three previous band. The Commission has not entities.42 calendar years, and the SBA has developed a definition of small entities 53. In addition, our Third CMRS approved this definition.34 The actions specifically applicable to such Competition Report estimated that as of taken in the Second R&O may apply to incumbent 220 MHz Phase I licensees. January 1998, there were more than 600 SMR providers that either acquired To estimate the number of such paging companies in the United geographic area licenses through licensees that are small businesses, we States.43 The Third CMRS Competition auction or held licenses before the apply the definition under the SBA Report also indicated that at least ten of auctions. We do not have data reflecting rules applicable to radiotelephone the top twelve publicly held paging the total number of firms holding pre- communications companies.35 companies had average gross revenues auction licenses, nor how many of these According to the Census Bureau, only in excess of $15 million for the three providers have annual revenues of less 12 radiotelephone firms out of a total of than $15 million. Consequently, for 1,176 such firms which operated during Wireless Telecommunications Bureau, FCC (Jan. 6, purposes of this FRFA, we estimate that 1992 had 1,000 or more employees.36 1988). all of the pre-auction SMR Therefore, if this general ratio continues 38 47 CFR 90.1021(b) See also 220 MHz Third authorizations may be held by small to 1999 in the context of Phase I 220 Report and Order, supra, 12 FCC Rcd at 11068–69, MHz licensees, we estimate that nearly par. 291. entities, some of which may be affected 39 See Future Development of Paging Systems, by the actions taken in the Second R&O. all such licensees are small businesses Second Report and Order and Further Notice of under the SBA’s definition. Proposed Rulemaking, WT Docket 96–18, 62 FR 32 47 CFR 24.720(b)(1). 51. The Phase II 220 MHz service is 11616, Mar. 12 1997, 12 FCC Rcd 2732, 2863 (1997). 33 Implementation of Section 309(j) of the a new service, and is subject to 40 Public Notice, ‘‘Auction of 929 and 91 MHz Communications Act—Competitive Bidding, PP spectrum auctions. In the 220 MHz Paging Service Spectrum,’’ Report No. AUC–99–26– Docket No. 93–253, Fifth Report and Order, 59 FR B, DA No. 99–1591, 64 FR 48623, September 7, 37566, July 22, 1994, 9 FCC Rcd 5532, 5581–84 Third Report and Order we adopted 1999 (Wireless Telecom. Bur. Aug. 12 1999). (1994). criteria for defining small businesses for 41 See Letter from A. Alvarez, Administrator, 34 47 CFR 90.1814(b)(1) and 90.912(b)(1). See purposes of determining their eligibility SBA, to A.J. Zoslov, Chief, Auctions Division, Amendment of Parts 2 and 90 of the Commission’s for special provisions such as bidding Wireless Telecommunications Bureau, FCC (Dec. 2, 1998). Rules to Provide for the Use of 200 Channels credits.37 We have defined a small Outside the Designated Filing Areas in the 896–901 42 See Future Development of Paging Systems, MHz and the 935–940 MHz Bands Allotted to the Second Report and Order and Further Notice of Specialized Mobile Radio Pool, PR Docket No. 89– 35 See supra par. 40. Proposed Rulemaking, WT Docket 96–18, 62 FR 583, Second Order on Reconsideration and Seventh 36 1992 Census, supra, UC92–S–1, Subject Series, 11615, March 12, 1997, 12 FCC Rcd 2732, 2863–64 Report and Order, 60 FR 48913,, Sept. 21, 1995, 11 Establishment and Firm Size, Table 5, Employment (1997). FCC Rcd 2639, 2693–702 (1995); Amendment of Size of Firms; 1992, SIC code 4812 (issued May 43 Implementation of Section 6002(b) of the Part 90 of the Commission’s Rules to Facilitate 1995). Omnibus Budget Reconciliation Act of 1993, Future Development of SMR Systems in the 800 37 220 MHz Third Report and Order, PR Docket Annual Report and Analysis of Competitive Market MHz Frequency Band, PR Docket No. 93–144, First No. 89–552, 62 FR 16004, Apr. 3, 1997, 12 FCC Rcd Conditions With Respect to Commercial Mobile Report and Order, Eighth Report and Order, and 10943, 11068–70, pars. 291–295 (1997). The SBA Services, Third Report, FCC 98–9, 63 FR 11612, Second Further Notice of Proposed Rulemaking, 61 has approved these definitions. See Letter from A. March 10, 1998, at 40 (June 11, 1998) (Third CMRS FR 6212, Feb. 16, 1996, 11 FCC Rcd 1463 (1995). Alvarez, Administrator, SBA, to D. Phythyon, Chief, Competition Report).

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At present, there are may have been involved in transactions narrowband PCS. The Commission does approximately 55 licensees in this that caused them to be combined with not have sufficient information to service. We are unable at this time to other cable operators. Consequently, we determine whether any of these estimate the number of licensees that estimate that there are fewer than 1,439 licensees are small businesses within would qualify as small entities under small entity cable system operators. the SBA-approved definition for the SBA’s definition for radiotelephone 61. The Communications Act also radiotelephone companies. At present, communications. contains a definition of a small cable 58. Wireless Communications there have been no auctions held for the system operator, which is ‘‘a cable Services (WCS). This service can be major trading area (MTA) and basic operator that, directly or through an used for fixed, mobile, radio location trading area (BTA) narrowband PCS affiliate, serves in the aggregate fewer and digital audio broadcasting satellite licenses. The Commission anticipates a than 1 percent of all subscribers in the uses. The Commission defined ‘‘small total of 561 MTA licenses and 2,958 United States and is not affiliated with business’’ for the WCS auction as an BTA licenses will be awarded by any entity or entities whose gross entity with average gross revenues that auction. Such auctions have not yet annual revenues in the aggregate exceed are not more than $40 million for each 55 been scheduled, however. Given that $250,000,000. The Commission has of the three preceding years, and a ‘‘very nearly all radiotelephone companies determined that there are 66,000,000 small business’’ as an entity with have no more than 1,500 employees and subscribers in the United States. average gross revenues that are not more that no reliable estimate of the number Therefore, we found that an operator than $15 million for each of the three of prospective MTA and BTA serving fewer than 660,000 subscribers preceding years. The Commission narrowband licensees can be made, we shall be deemed a small operator, if its auctioned geographic area licenses in assume, for purposes of this FRFA, that annual revenues, when combined with the WCS service. In the auction, there all of the licenses will be awarded to the total annual revenues of all of its were seven winning bidders that small entities, as that term is defined by affiliates, do not exceed $250 million in qualified as very small business entities, 56 the SBA. the aggregate. Based on available data, and one that qualified as a small we find that the number of cable 55. Rural Radiotelephone Service. The business entity. We conclude that the operators serving 660,000 subscribers or Commission has not adopted a number of geographic area WCS less totals 1,450.57 We do not request definition of small entity specific to the licensees that may be affected by the nor do we collect information Rural Radiotelephone Service.45 A actions taken in the Second R&O concerning whether cable system significant subset of the Rural includes these eight entities. operators are affiliated with entities Radiotelephone Service consists of 59. Cable Services or Systems. The whose gross annual revenues exceed Basic Exchange Telephone Radio SBA has developed a definition of small $250,000,000,58 and thus are unable at Systems (BETRS).46 We will use the entities for cable and other pay this time to estimate with greater SBA’s definition applicable to television services, which includes all precision the number of cable system radiotelephone companies, i.e., an such companies generating $11 million operators that would qualify as small entity employing no more than 1,500 or less in revenue annually.51 This cable operators under the definition in persons.47 There are approximately definition includes cable systems the Communications Act. It should be 1,000 licensees in the Rural operators, closed circuit television further noted that recent industry Radiotelephone Service, and we services, direct broadcast satellite estimates project that there will be a estimate that almost all of them qualify services, multipoint distribution total of 66,000,000 subscribers. as small entities under the SBA’s systems, satellite master antenna 62. Description of Projected definition. systems and subscription television Reporting, Recordkeeping and Other 56. Air-Ground Radiotelephone services. According to the Census Compliance Requirements. In the Service. The Commission has not Bureau data from 1992, there were 1,788 adopted a definition of small entity total cable and other pay television 53 47 CFR 76.901(e). The Commission developed specific to the Air-Ground services and 1,423 had less than $11 this definition based on its determination that a 48 52 small cable operator is one with annual revenues Radiotelephone Service. Accordingly, million in revenue. of $100 million or less. Implementation of Sections we will use the SBA’s definition 60. The Commission has developed of the 1992 Cable Act: Regulation, Sixth Report and applicable to radiotelephone companies, its own definition of a small cable Order and Eleventh Order on Reconsideration, 60 i.e., an entity employing no more than system operator for the purposes of rate FR 10534, February 27, 1995, 10 FCC Rcd 7393 (1995). 49 regulation. Under the Commission’s 1,500 persons. There are 54 Paul Kagan Associates, Inc., ‘‘Cable TV approximately 100 licensees in the Air- rules, a ‘‘small cable company’’ is one Investor,’’ Feb. 29, 1996 (based on figures for Ground Radiotelephone Service, and we serving fewer than 400,000 subscribers December 30, 1995). estimate that almost all of them qualify 55 47 U.S.C. 543 (m)(2). 50 This service is governed by Subpart I or Part 56 47 U.S.C. 76.1403(b). 22 of the Commission’s Ruled. See 47 CFR 22.1001– 57 Paul Kagan Associates, Inc., ‘‘Feb. 29, 1996 44 See Third CMRS Competition Report, App. C .1037. (based on figures for Dec. 30, 1995). at 5. 51 13 CFR 121.201, SIC 4841. 58 We do receive such information on a case-by- 45 The service is defined in 47 CFR 22.99. 52 1992 Economic Census Industry and Enterprise case basis only if a cable operator appeals a local 46 BETRS are defined in 47 CFR 22.757, 22.759. Receipts Size Report, Table 2D, SIC code 4841 (U.S. franchise authority’s finding that the operator does 47 See supra par. 40. Bureau of Census data under contract to the Office not qualify as a small cable operator pursuant to 48 The service is defined in 47 CFR 22.99. of Advocacy of the U.S. Small Business section 76.1403(b) of the Commission’s rules. See 49 13 CFR 121.201, SIC Code 4812. Administration). 47 CFR 76.1403(d).

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Second R&O we affirm our proposals in mechanisms provide the best approach ACTION: Final rule. the NPRM to clarify what entities, to avoiding undue burdens on small services, and facilities are subject to entities, without undercutting the SUMMARY: The Commission, at the CALEA.59 In addition, we provide objectives of CALEA.61 We are also request of Talley Broadcasting guidance regarding the factors the prepared to reexamine whether any Corporation, reallots Channel 287A Commission will consider when categories of service providers should be from Mount Olive to Staunton, Illinois determining under section 109 of exempted, once we have gained some as its first local aural transmission CALEA if compliance with the experience in applying section 109. service, and modifies Station assistance capability requirements of the 65. We have decided that in WAOX(FM)’s construction permit Act is reasonably achievable, as well as determining whether compliance with accordingly. See 64 FR 28133, May 25, the showings that entities filing the assistance capability requirements is 1999. Channel 287A can be reallotted to petitions under section 109 will be reasonably achievable, we will not at Staunton in compliance with the expected to make.60 These actions this time accord special significance to Commission’s minimum distance impose no reporting, recordkeeping or any particular factor enumerated in separation requirements without the other compliance requirements beyond section 109 and we will not adopt any imposition of a site restriction at those imposed by CALEA itself. additional factors. As we note in the petitioner’s authorized construction 63. Steps Taken to Minimize Second R&O, ‘‘the technological permit site. The coordinates for Channel Significant Economic Impact on Small diversity of carrier networks, as well as 287A at Staunton are 39–02–37 North Entities, and Significant Alternatives other carrier characteristics, will, as a Latitude and 89–44–56 West Longitude. Considered. We have largely adopted matter of course, mean that certain With this action, this proceeding is the tentative conclusions of the NPRM factors will be more important to the terminated. as to what entities are and are not arguments of certain carriers than DATES: Effective November 15, 1999. subject to the assistance capability others, and not all of the factors requirements. Although section enumerated in section 109 may be FOR FURTHER INFORMATION CONTACT: 102(8)(B)(ii) of CALEA gives us the relevant to the analysis of a given Sharon P. McDonald, Mass Media discretion, we have decided not to reasonable achievability petition.’’ 62 We Bureau, (202) 418–2180. exempt any categories in our rules. We recognize, however, that carrier size SUPPLEMENTARY INFORMATION: This is a have resolved the concern mentioned may be a significant consideration in synopsis of the Commission’s Report most frequently in the comments’ particular cases, and we reject AT&T’s and Order, MM Docket No. 99–167, regarding the dispatch service of assertion that special consideration for a adopted September 22, 1999, and ‘‘traditional’’ SMR operators—by new market entrant could be released October 1, 1999. The full text finding such operations to be outside tantamount to an unfair subsidy. CALEA’s definition of of this Commission decision is available 66. Report to Congress. The for inspection and copying during ‘‘telecommunications carrier’’ insofar as Commission shall send a copy of the the service is not interconnected with normal business hours in the FCC Second R&O, including this FRFA, in a Reference Information Center (Room the public switched network. We have report to Congress pursuant to the Small considered AMTA’s argument that CY–A257), 445 12th Street, SW, Business Regulatory Enforcement Washington, DC. The complete text of CMRS providers serving niche business Fairness Act of 1996.63 In addition, the markets with limited interconnect this decision may also be purchased Commission shall send a copy of the capability are not technologically from the Commission’s copy Second R&O, including this FRFA, to capable of CALEA compliance, but we contractors, International Transcription the Chief Counsel for Advocacy of the have found that to the extent their Service, Inc., (202) 857–3800, 1231 20th Small Business Administration. A copy services meet the definition of CMRS set Street, NW, Washington, DC 20036. of the Second R&O and FRFA (or forth in section 332(d) of the summaries thereof) will also be List of Subjects in 47 CFR Part 73 Communications Act, such entities must published in the Federal Register. be considered subject to CALEA. In Radio broadcasting. response to those commenters who Federal Communications Commission. Part 73 of Title 47 of the Code of argue that a private mobile radio service Magalie Roman Salas, Federal Regulations is amended as (PMRS) operator cannot be subject to Secretary. follows: CALEA for any reason, we have found [FR Doc. 99–26594 Filed 10–8–99; 8:45 am] that where a PMRS operator uses its BILLING CODE 6712±01±P PART 73Ð[AMENDED] facilities to offer a service that qualifies as CMRS, that service is subject to 1. The authority citation for Part 73 CALEA. FEDERAL COMMUNICATIONS continues to read as follows: 64. We recognize that compliance COMMISSION Authority: 47 U.S.C. 154, 303, 334, 336. with the assistance capability requirements may be economically 47 CFR Part 73 § 73.202 [Amended] burdensome for some entities. CALEA 2. Section 73.202(b), the Table of FM provides two mechanisms through [DA 99±2035; MM Docket No. 99±167; RM± 9391] Allotments under Illinois, is amended which carriers may seek relief: they may by removing Mount Olive, Channel petition the Commission for an Radio Broadcasting Services; Mount 287A, and adding Staunton, Channel extension of the compliance date under Olive and Staunton, IL 287A. section 107(c), and they may petition Federal Communications Commission. the Commission for a determination that AGENCY: Federal Communications compliance is not reasonably achievable Commission. John A. Karousos, under section 109(b). We believe these Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. 61 See id., pars. 36–45. 59 Second Report and Order, pars. 6–28. 62 Id., par. 37. [FR Doc. 99–26418 Filed 10–8–99; 8:45 am] 60 Id. pars. 29–45. 63 See 5 U.S.D. 801 (a)(1)(A). BILLING CODE 6712±01±U

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FEDERAL COMMUNICATIONS amended by adding Shiprock, Channel List of Subjects in 47 CFR Part 73 COMMISSION 265C1. Radio broadcasting. Federal Communications Commission. 47 CFR Part 73 PartT 73 of Title 47 of the Code of John A. Karousos, Federal Regulations is amended as [DA 99±1879; MM Docket No. 99±119; RM± Chief, Allocations Branch, Policy and Rules follows: 9550] Division, Mass Media Bureau. PART 73Ð[AMENDED] Radio Broadcasting Services; [FR Doc. 99–26514 Filed 10–8–99; 8:45 am] Shiprock, NM BILLING CODE 6712±01±P 1. The authority citation for Part 73 continues to read as follows: AGENCY: Federal Communications Commission. FEDERAL COMMUNICATIONS Authority: 47 U.S.C. 154, 303, 334, 336. COMMISSION ACTION: Final rule. § 73.202 [Amended] SUMMARY: The Commission, at the 47 CFR Part 73 2. Section 73.202(b), the Table of FM request of Mountain West Broadcasting, Allotments under New Mexico, is allots Channel 265C1 to Shiprock, NM, [DA 99±1879; MM Docket No. 99±120; RM± amended by adding Magdalena, as the community’s first local aural 9551] Channel 240C2. service. See 64 FR 18873, April 16, Federal Communications Commission. 1999. Channel 265C1 can be allotted to Radio Broadcasting Services; Shiprock with a site restriction of 2.9 Magdalena, NM John A. Karousos, kilometers (1.8 miles) southwest, at Chief, Allocations Branch, Policy and Rules coordinates 36–46–12 NL; 108–42–49 AGENCY: Federal Communications Division, Mass Media Bureau. WL, to avoid a short-spacing to Station Commission. [FR Doc. 99–26515 Filed 10–8–99; 8:45 am] KIQX, Channel 267C, and Station KRSJ, ACTION: Final rule. BILLING CODE 6712±01±P Channel 263C, Durango, CO. With this action, this proceeding is terminated. SUMMARY: The Commission, at the DATES: Effective November 1, 1999. A request of Mountain West Broadcasting, FEDERAL COMMUNICATIONS filing window for Channel 265C1 at allots Channel 240C2 to Magdalena, COMMISSION Shiprock will not be opened at this NM, as the community’s first local aural time. Instead, the issue of opening a service. See 64 FR 18872, April 16, 47 CFR Part 73 filing window for this channel will be 1999. Channel 240C2 can be allotted to [DA 99±1879; MM Docket No. 99±122; RM± addressed by the Commission in a Magdalena in compliance with the 9553] subsequent order. Commission’s mileage separation FOR FURTHER INFORMATION CONTACT: requirements without the imposition of Radio Broadcasting Services; Leslie K. Shapiro, Mass Media Bureau, a site restriction, at coordinates 34–07– Minatare, NE 00 NL; 107–14–36 WL. Mexican (202) 418–2180. AGENCY: concurrence in the allotment has been Federal Communications SUPPLEMENTARY INFORMATION: This is a received since Magdalena is located Commission. synopsis of the Commission’s Report within 320 kilometers (199 miles) of the ACTION: Final rule. and Order, MM Docket No. 99–119, U.S.-Mexican border. With this action, adopted September 8, 1999, and SUMMARY: The Commission, at the this proceeding is terminated. released September 17, 1999. The full request of Mountain West Broadcasting, text of this Commission decision is DATES: Effective November 1, 1999. A allots Channel 295A to Minatare, NE, as available for inspection and copying filing window for Channel 240C2 at the community’s first local aural during normal business hours in the Magdalena will not be opened at this service. See 64 FR 18871, April 16, FCC Reference Center (Room 239), 445 time. Instead, the issue of opening a 1999. Channel 295A can be allotted to 12th Street, SW, Washington, DC. The filing window for this channel will be Minatare without the imposition of a complete text of this decision may also addressed by the Commission in a site restriction, at coordinates 41–48–34 be purchased from the Commission’s subsequent order. NL; 103–30–12 WL. With this action, copy contractor, International FOR FURTHER INFORMATION CONTACT: this proceeding is terminated. Transcription Services, Inc., (202) 857– Leslie K. Shapiro, Mass Media Bureau, DATES: Effective November 1, 1999. A 3800, 1231 20th Street, NW, (202) 418–2180. filing window for Channel 295A at Washington, DC 20036. SUPPLEMENTARY INFORMATION: This is a Minatare, NE, will not be opened at this List of Subjects in 47 CFR Part 73 synopsis of the Commission’s Report time. Instead, the issue of opening a filing window for this channel will be Radio broadcasting. and Order, MM Docket No. 99–120, adopted September 8, 1999, and addressed by the Commission in a Part 73 of Title 47 of the Code of subsequent order. Federal Regulations is amended as released September 17, 1999. The full FOR FURTHER INFORMATION CONTACT: follows: text of this Commission decision is available for inspection and copying Leslie K. Shapiro, Mass Media Bureau, PART 73Ð[AMENDED] during normal business hours in the (202) 418–2180. FCC Reference Center (Room 239), 445 SUPPLEMENTARY INFORMATION: This is a 1. The authority citation for Part 73 12th Street, SW, Washington, DC. The synopsis of the Commission’s Report continues to read as follows: complete text of this decision may also and Order, MM Docket No. 99–122, Authority: 47 U.S.C. 154, 303, 334, 336. be purchased from the Commission’s adopted September 8 , 1999, and copy contractor, International released September 17, 1999. The full § 73.202 [Amended] Transcription Services, Inc., (202) 857– text of this Commission decision is 2. Section 73.202(b), the Table of FM 3800, 1231 20th Street, NW, available for inspection and copying Allotments under New Mexico, is Washington, DC 20036. during normal business hours in the

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FCC Reference Center (Room 239), 445 SUPPLEMENTARY INFORMATION: This is a DATES: Effective November 1, 1999. A 12th Street, SW, Washington, DC. The synopsis of the Commission’s Report filing window for Channel 274C3 at complete text of this decision may also and Order, MM Docket No. 99–158, Tularosa will not be opened at this time. be purchased from the Commission’s adopted September 8, 1999, and Instead, the issue of opening a filing copy contractor, International released September 17, 1999. The full window for this channel will be Transcription Services, Inc., (202) 857– text of this Commission decision is addressed by the Commission in a 3800, 1231 20th Street, NW, available for inspection and copying subsequent order. Washington, DC 20036. during normal business hours in the FOR FURTHER INFORMATION CONTACT: FCC Reference Center (Room 239), 445 List of Subjects in 47 CFR Part 73 Leslie K. Shapiro, Mass Media Bureau, 12th Street, SW, Washington, DC. The (202) 418–2180. Radio broadcasting. complete text of this decision may also Part 73 of Title 47 of the Code of be purchased from the Commission’s SUPPLEMENTARY INFORMATION: This is a Federal Regulations is amended as copy contractor, International synopsis of the Commission’s Report follows: Transcription Services, Inc., (202) 857– and Order, MM Docket No. 99–191, 3800, 1231 20th Street, NW, adopted September 8, 1999, and PART 73Ð[AMENDED] Washington, DC 20036. released September 17, 1999. The full 1. The authority citation for Part 73 text of this Commission decision is List of Subjects in 47 CFR Part 73 continues to read as follows: available for inspection and copying Radio broadcasting. Authority: 47 U.S.C. 154, 303, 334, 336. during normal business hours in the Part 73 of Title 47 of the Code of FCC Reference Center (Room 239), 445 § 73.202 [Amended] Federal Regulations is amended as 12th Street, SW, Washington, DC. The 2. Section 73.202(b), the Table of FM follows: complete text of this decision may also Allotments under Nebraska, is amended be purchased from the Commission’s by adding Minatare, Channel 295A. PART 73Ð[AMENDED] copy contractor, International Federal Communications Commission. 1. The authority citation for Part 73 Transcription Services, Inc., (202) 857– John A. Karousos, continues to read as follows: 3800, 1231 20th Street, NW, Chief, Allocations Branch, Policy and Rules Washington, DC 20036. Authority: 47 U.S.C. 154, 303, 334, 336. Division, Mass Media Bureau. List of Subjects in 47 CFR Part 73 [FR Doc. 99–26516 Filed 10–8–99; 8:45 am] § 73.202 [Amended] BILLING CODE 6712±01±P 2. Section 73.202(b), the Table of FM Radio broadcasting. Allotments under New Mexico, is Part 73 of Title 47 of the Code of FEDERAL COMMUNICATIONS amended by adding Dexter, Channel Federal Regulations is amended as COMMISSION 241C3. follows: Federal Communications Commission. PART 73Ð[AMENDED] 47 CFR Part 73 John A. Karousos, [DA 99±1879; MM Docket No. 99±158; RM± Chief, Allocations Branch, Policy and Rules 1. The authority citation for Part 73 9615] Division, Mass Media Bureau. continues to read as follows: [FR Doc. 99–26517 Filed 10–8–99; 8:45 am] Radio Broadcasting Services; Dexter, Authority: 47 U.S.C. 154, 303, 334, 336. BILLING CODE 6712±01±P NM § 73.202 [Amended] AGENCY: Federal Communications Commission. FEDERAL COMMUNICATIONS 2. Section 73.202(b), the Table of FM ACTION: Final rule. COMMISSION Allotments under New Mexico, is amended by adding Tularosa, Channel SUMMARY: The Commission, at the 47 CFR Part 73 274C3. request of Mountain West Broadcasting, [DA 99±1879; MM Docket No. 99±191; RM± Federal Communications Commission. allots Channel 241C3 to Dexter, NM, as 9632] the community’s first local aural John A. Karousos, service. See 64 FR 28132, May 25, 1999. Radio Broadcasting Services; Chief, Allocations Branch, Policy and Rules Channel 241C3 can be allotted to Dexter Tularosa, NM Division, Mass Media Bureau. [FR Doc. 99–26518 Filed 10–8–99; 8:45 am] without the imposition of a site AGENCY: Federal Communications BILLING CODE 6712±01±P restriction, at coordinates 33–11–42 NL; Commission. 104–22–18 WL. Mexican concurrence in ACTION: Final rule. the allotment has been obtained since FEDERAL COMMUNICATIONS Dexter is located within 320 kilometers SUMMARY: The Commission, at the COMMISSION (199 miles) of the U.S.-Mexican border. request of Mountain West Broadcasting, With this action, this proceeding is allots Channel 274C3 to Tularosa, NM, 47 CFR Part 73 terminated. as the community’s first local aural DATES: Effective November 1, 1999. A service. See 64 FR 29977, June 4, 1999. [DA 99±1879; MM Docket No. 99±90; RM± filing window for Channel 241C3 at Channel 274C3 can be allotted to 9528] Dexter, NM, will not be opened at this Tularosa without the imposition of a time. Instead, the issue of opening a site restriction, at coordinates 33–04–30 Radio Broadcasting Services; Socorro, filing window for this channel will be NL; 106–01–06 WL. Mexican NM addressed by the Commission in a concurrence in the allotment has been subsequent order. obtained since Tularosa is located AGENCY: Federal Communications FOR FURTHER INFORMATION CONTACT: within 320 kilometers (199 miles) of the Commission. Leslie K. Shapiro, Mass Media Bureau, U.S.-Mexican border. With this action, ACTION: Final rule. (202) 418–2180. this proceeding is terminated.

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SUMMARY: The Commission, at the FOR FURTHER INFORMATION CONTACT: Part 73 of Title 47 of the Code of request of Mountain West Broadcasting, Leslie K. Shapiro, Mass Media Bureau, Federal Regulations is amended as we are allotting Channel 271C2 to (202) 418–2180. follows: Socorro, NM, as the community’s SUPPLEMENTARY INFORMATION: This is a second local commercial FM service. synopsis of the Commission’s Report PART 73Ð[AMENDED] See 64 FR 15713, April 1, 1999. Channel and Order, MM Docket No. 99–90, 271C2 can be allotted to Socorro adopted September 8, 1999, and 1. The authority citation for Part 73 without the imposition of a site released September 17, 1999. The full continues to read as follows: restriction, at coordinates 34–03–42 NL; text of this Commission decision is Authority: 47 U.S.C. 154, 303, 334, 336. 106–53–48 WL. Mexican concurrence in available for inspection and copying the allotment has been obtained since during normal business hours in the § 73.202 [Amended] Socorro is located within 320 kilometers FCC Reference Center (Room 239), 445 2. Section 73.202(b), the Table of FM (199 miles) of the U.S.-Mexican border. 12th Street, SW, Washington, DC. The Allotments under New Mexico, is With this action, this proceeding is complete text of this decision may also amended by adding Channel 271C2 at terminated. be purchased from the Commission’s Socorro. DATES: Effective November 1, 1999. A copy contractor, International Federal Communications Commission. filing window for Channel 271C2 at Transcription Services, Inc., (202) 857– Socorro, NM, will not be opened at this 3800, 1231 20th Street, NW, John A. Karousos, time. Instead, the issue of opening a Washington, DC 20036. Chief, Allocations Branch, Policy and Rules filing window for this channel will be Division, Mass Media Bureau. addressed by the Commission in a List of Subjects in 47 CFR Part 73 [FR Doc. 99–26513 Filed 10–8–99; 8:45 am] subsequent order. Radio broadcasting. BILLING CODE 6712±01±D

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Proposed Rules Federal Register Vol. 64, No. 196

Tuesday, October 12, 1999

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: The legal The objective of the public workshop contains notices to the public of the proposed foundation for the NRC regulatory is to bring together representatives of issuance of rules and regulations. The process is the Atomic Energy Act of the interests affected by the rulemaking purpose of these notices is to give interested 1954. The Act provides that a ‘‘hearing’’ to discuss their views on the rulemaking persons an opportunity to participate in the issues in a ‘‘roundtable’’ format. In order rule making prior to the adoption of the final (or in some cases, the opportunity for a rules. hearing) is required for certain agency to have a manageable discussion, the actions, but does not specify what kind number of participants around the table of a hearing should be held. The Atomic will, of necessity, be limited. The NUCLEAR REGULATORY Energy Commission (AEC), predecessor Commission, through the facilitator for COMMISSION to the NRC, took the position that by a the meeting, will attempt to ensure ‘‘hearing,’’ the Atomic Energy Act meant broad participation by the broad 10 CFR Part 2 a formal hearing, resembling a spectrum of interests affected by the courtroom trial, with testimony given rulemaking, including citizen and Rules of Practice for Domestic under oath and an opportunity for the environmental groups, nuclear industry Licensing Proceedings and Issuance parties to cross-examine the other side’s interests, state, tribal, and local of Orders; Public Meeting witnesses. At the time, Congress and the governments, and experts from AGENCY: U.S. Nuclear Regulatory AEC were focusing on the procedures academia and other agencies. Other Commission. for licensing the construction of nuclear members of the public are welcome to ACTION: Notice of public meeting on power plants. Over time, however, it attend, and the public will have the potential changes to NRC hearing became apparent that the same format opportunity to comment on each of the process. may not be ideal for all types of agenda items slated for discussion by Commission proceedings and that the the roundtable participants. Questions SUMMARY: The Nuclear Regulatory Atomic Energy Act generally does not about participation may be directed to Commission has recently initiated a re- require a formal, courtroom trial-type the facilitator, Francis X. Cameron. examination of the processes and hearing. Consequently, the NRC The workshop will have a pre-defined procedures for making the various kinds developed new, less formal procedures scope and agenda (set forth below) of decisions that require a ‘‘hearing’’. for some types of proceedings. focused on the major policy issues in This re-examination will eventually regard to potential revisions to the NRC result in a proposed rule noticed in the In early 1999, the NRC’s General hearing process. However, the meeting Federal Register for public comment. Counsel sent a detailed memorandum to format will be sufficiently flexible to However, in order to have the benefit of the Commissioners (SECY–99–006, ‘‘Re- allow for the introduction of additional early and interactive comment on the Examination of the NRC Hearing related issues that the participants may rulemaking issues before the NRC staff Process’’) discussing legal requirements wish to raise. Although there are drafts the proposed rule for Commission for NRC hearings and policy important legal issues on the scope of consideration, the NRC is convening a considerations to be taken into account the Commission’s authority to revise its public workshop to solicit the views of in any revision of the NRC hearing hearing process in particular ways persons representing the interests that process (the document is available to (discussed in SECY–99–006), the may be affected by the rulemaking. The the public at the NRC’s Website, purpose of the workshop is to hear the public workshop will be held at the www.nrc.gov, and is also available from views of the participants on the policy Commission’s headquarters in the agency contact identified at the issues surrounding the value of Rockville, Maryland, on October 26 and beginning of this Notice). The General implementing various types of 27 (1⁄2 day), 1999. Francis X. Cameron, Counsel’s memorandum made no revisions, assuming for purposes of Special Counsel for Public Liaison, in recommendation for revision of the discussion that the Commission has the the Commission’s Office of the General hearing process, instead laying out the legal authority to revise its processes. Counsel, will be the convenor and pros and cons of different approaches. The agenda for the workshop is set forth facilitator for the workshop. In response to this memorandum, the below. DATES: The public workshop will be in Commission has directed the NRC legal Rockville, Maryland on October 26, staff to initiate a rulemaking to evaluate Agenda 1999 from 8:30 a.m. to 5:15 p.m. and on what changes should be made to the Tuesday, October 26, 1999 October 27, 1999 from 8:30 a.m. to 12:15 NRC hearing process. One of the 8:30 a.m.—Welcome, Groundrules, p.m. primary issues for evaluation is the Agenda Overview, Introduction of ADDRESSES: The public workshop will Commission’s desire generally to move Participants be held in the Commission’s hearing toward less formal proceedings. In F.X. Cameron, Facilitator room at NRC Headquarters at 11555 initiating the rulemaking, the 9:00 a.m.—Overview of NRC Hearing Rockville Pike, Rockville, MD 20852– Commission recognized that it would be Process 2738. important to have the benefit of the Lawrence Chandler, Associate FOR FURTHER INFORMATION CONTACT: expertise and concerns of those who General Counsel for Hearings, Francis X. Cameron, Special Counsel for may be affected by this action early in Enforcement and Administration, Public Liaison, Office of the General the rulemaking process. The public NRC Counsel, Nuclear Regulatory workshop is designed to solicit those 9:30 a.m.—Emerging issues in Commission, Washington, DC 20555– views to assist in the formulation of the addressing the degree of formality 0001, Telephone: 301–415–1642. proposed rulemaking. in agency adjudications

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Professor Jeffrey Lubbers, Washington cycle facilities? License the airframe pneumatic deicing boots School of Law, American amendments? What criteria should were not activated. The actions University. See Attachment 2, guide this decision? Can the specified by the proposed AD are SECY–99–006 selection of process be done on a intended to assure that flightcrews 10:15 a.m.—Break case-by-case basis? By whom? At activate the pneumatic wing and tail 10:40 a.m.—What are the desired what stage of the proceeding? deicing boots at the first signs of ice objectives or ‘‘performance goals’’ Participant Discussion accumulation. This action will prevent of the NRC hearing process? For 10:15 a.m.—Break reduced controllability of the aircraft example, SECY–99–006 suggests 10:30 a.m.—Are there improvements due to adverse aerodynamic effects of five performance goals (fairness, that can be made to the ice adhering to the airplane prior to the substantive soundness, Commission’s formal hearing first deicing cycle. inclusiveness, efficiency, and process? Are there improvements DATES: Comments must be received on transparency). Are there other goals that can be made to the or before December 1, 1999. or objectives? Are any of these Commission’s informal hearing ADDRESSES: Submit comments in objectives more important than process? Are there issues that the triplicate to the Federal Aviation others? NRC should address regardless of Administration (FAA), Central Region, Participant discussion whether an informal or a formal Office of the Regional Counsel, 12:00 Noon—Lunch hearing process is used, e.g., who Attention: Rules Docket No. 99–CE–52– 1:15 p.m.—What are the attributes of a presides? exercise of greater control AD, Room 1558, 601 E. 12th Street, formal versus an informal hearing by the ‘‘presiding officer’’? role of Kansas City, Missouri 64106. Comments process? What are the defining limited appearances? standing? may be inspected at this location characteristics of formal processes? Discovery, cross-examination? between 8 a.m. and 4 p.m., Monday Informal processes? For example, Electronic filing? What about through Friday, holidays excepted. are discovery and sworn direct and appeals? Is an appeal ‘‘of right’’? To FOR FURTHER INFORMATION CONTACT: Mr. cross-examination of witnesses the Commission? Discretionary John P. Dow, Sr., Aerospace Engineer, solely attributes of formal processes review? or can they also fit into the Participant Discussion FAA, Small Airplane Directorate, 1201 spectrum of informal hearing Noon—Wrap up: Final comments, next Walnut, suite 900, Kansas City, Missouri processes? steps 64106; telephone: (816) 426–6932; Participant discussion 12:15 p.m.—Adjourn facsimile: (816) 426–2169. SUPPLEMENTARY INFORMATION: 2:15 p.m.—What are the different Dated at Rockville, Maryland this 4th day ‘‘models’’ or variations of an of October, 1999. Comments Invited informal hearing process? What are For the Nuclear Regulatory Commission, the advantages and disadvantages of Interested persons are invited to Karen D. Cyr, each of these models? See participate in the making of the Attachment 4, SECY–99–006. General Counsel. proposed rule by submitting such Participant discussion [FR Doc. 99–26487 Filed 10–8–99; 8:45 am] written data, views, or arguments as 3:00 p.m.—Break BILLING CODE 7590±01±P they may desire. Communications 3:30 p.m.—How do formal and informal should identify the Rules Docket processes compare in achieving the number and be submitted in triplicate to desired objectives of the NRC DEPARTMENT OF TRANSPORTATION the address specified above. All hearing process? How much do communications received on or before opportunities for cross-examination Federal Aviation Administration the closing date for comments, specified and discovery contribute to the above, will be considered before taking hearing process? What factors, for 14 CFR Part 39 action on the proposed rule. The example, complexity and difficulty [Docket No. 99±CE±52±AD] proposals contained in this notice may of the case, experience of litigants, be changed in light of the comments RIN 2120±AA64 might influence how effectively the received. Comments are specifically invited on goals or objectives are achieved? Airworthiness Directives; Fairchild the overall regulatory, economic, How much is the cost to Aircraft Corporation SA226 and SA227 environmental, and energy aspects of participants of different kinds of Series Airplanes hearings a consideration? the proposed rule. All comments Participant discussion AGENCY: Federal Aviation submitted will be available, both before 5:00 p.m.—Preview of next day’s Administration, DOT. and after the closing date for comments, discussion ACTION: Notice of proposed rulemaking in the Rules Docket for examination by 5:15 p.m.—Adjourn (NPRM). interested persons. A report that summarizes each FAA-public contact Wednesday, October 27, 1999 SUMMARY: This document proposes to concerned with the substance of this 8:30 a.m.—Comparison of formal and adopt a new airworthiness directive proposal will be filed in the Rules informal processes: Summary (AD) that would apply to all Fairchild Docket. discussion by participants Aircraft Corporation (Fairchild) SA226 Commenters wishing the FAA to 9:30 a.m.—Is the informal or formal and SA227 series airplanes. The acknowledge receipt of their comments process more appropriate for one proposed AD would require revising the submitted in response to this notice type of NRC licensing action than Airplane Flight Manual (AFM) to must submit a self-addressed, stamped another? For example, what process include requirements for activation of postcard on which the following is more appropriate for enforcement the airframe pneumatic deicing boots. statement is made: ‘‘Comments to proceedings? The high-level waste The proposed AD is the result of reports Docket No. 99–CE–52–AD.’’ The repository proceeding? Initial of in-flight incidents and an accident postcard will be date stamped and licensing of power reactors and fuel that occurred in icing conditions where returned to the commenter.

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Availability of NPRMs assumptions: The most adverse ice deicing boot becomes ineffective in Any person may obtain a copy of this accumulation possible during operation shedding the ‘‘sheath’’ of ice. However, NPRM by submitting a request to the in the icing envelope specified in part ice accumulation resulting from delayed FAA, Central Region, Office of the 25, Appendix C of the Federal Aviation activation may pose an unsafe condition Regional Counsel, Attention: Rules Regulations (14 CFR part 25), and that due to the resultant adverse recommended procedures for deicing aerodynamic effects on the airplane’s Docket No. 99–CE–52–AD, Room 1558, boot operation were used. Additionally, performance or handling qualities. 601 E. 12th Street, Kansas City, Missouri the manufacturers were asked to In November 1997, the FAA and the 64106. provide information related to operation National Aeronautics and Space Discussion of the autopilot during icing conditions, Administration (NASA) co-sponsored an international workshop on aircraft On January 9, 1997, an Empresa and for information related to deicing boot ice bridging. The objective Brazileira de Aeronautica, S.A. appropriate operating speeds for icing of the workshop was to provide an open (EMBRAER) Model EMB–120RT series operations. No information received, as a result of forum for investigating the existence of airplane was involved in an that request, has caused the FAA to deicing boot bridging and other uncommanded roll excursion and reconsider the previous conclusion that concerns related to activating ice consequent rapid descent that resulted an unsafe condition may exist. protection systems at the initial in an accident near Monroe, Michigan. detection of inflight icing. Sixty-seven Public Meeting The post-accident investigation representatives from airframe and conducted by the National Subsequent to the collection of those deicing boot manufacturers, various Transportation Safety Board (NTSB) design and operational data, the FAA airlines, the pilot community, NASA, concluded that the airplane had held an international conference on the National Transportation Safety accumulated a thin, rough layer of ice ‘‘Inflight Operations in Icing Board, non-US civil aviation authorities, on its lifting surfaces. That Conditions’’, in Washington, DC, on and the FAA participated. At the accumulation of ice, in combination February 2–4, 1999. The purpose of the workshop no evidence was presented to with the slowing of the airplane to an conference was to discuss the status of substantiate that aircraft with modern airspeed inappropriate for the icing the FAA Icing Plan and other related deicing boot designs experience ice conditions in which the airplane was efforts. Additionally, the conference bridging. The general consensus of the flying, resulted in loss of control that provided a forum for representatives of workshop participants was that ice was not corrected before the airplane industry to express their viewpoints on bridging is not a problem for modern impacted the ground. The NTSB also current information related to activation pneumatic deicing boot designs due to concluded that the flight crew did not of deicing boots, minimum airspeeds, the use of higher air supply pressures, activate the wing and tail pneumatic autopilot operation in icing conditions, faster boot inflation and deflation deicing boots. An NTSB flightcrew information needs, and cycles, and smaller boot chambers. Icing recommendation related to this accident flightcrew training. Certain information wind tunnel and flight testing of these requested that the FAA mandate that presented at that meeting is discussed in newer design features with automatic pneumatic deicing boots be turned on as this proposed rule in the following cycling have demonstrated successful soon as the airplane enters icing section. shedding of ice when activated at the conditions. onset of ice accretion, with ice not shed Delayed Activation of Pneumatic The FAA has reviewed the icing- on the initial deicing boot cycle Deicing Boots related incident history of certain continuing to increase in thickness and airplanes, and has determined that icing In accordance with manufacturer being shed during subsequent cycles. incidents may have occurred because instructions and FAA-approved airplane During the previously discussed pneumatic deicing boots were not flight manual (AFM) procedures, the November 1997 international workshop, activated at the first evidence of ice flightcrews of most airplanes equipped the inability of flightcrews to accurately accretion. As a result, the handling with pneumatic deicing boots delay the gauge wing and control surfaces ice qualities or the controllability of the initial activation of the boots until a accretion thickness before activating the airplane may have been reduced due to certain quantity of ice has accumulated deicing boots was recognized. Also, the accumulated ice. That factor was on the protected surfaces (boots). Some increased airplane drag resulting from present in the accident discussed crews routinely wait for 1⁄4 to 1⁄2 inch of ice accretion was recognized as a previously and, as such, constitutes an ice to accumulate, and at least one potential contributing cause of unsafe condition. airplane type is routinely flown with up inadvertent airspeed loss that 1 2 characterized most in-flight icing related Request for Information to 1 ⁄ inches of ice on the protected surfaces before the initial activation of accidents and incidents. Two airframe On October 1, 1998, the FAA sent the deicing boots. manufacturers, whose products letters to certain manufacturers of comprise a substantial percentage of the airplanes certified in accordance with Ice Bridging turbopropeller transport fleet, reported part 25 of the Federal Aviation In the past, concern about ‘‘ice that, because of these concerns they Regulations (14 CFR part 25). The letters bridging’’ on early pneumatic deicing recommend activating the automatic requested certain icing system design boot designs resulted in the common airframe deicing system at first onset of information and operational procedures practice of delaying activation of ice airframe icing. Those manufacturers applicable to their airplanes concerning protection. Ice bridging of pneumatic have received no reports of deicing boot flight during icing conditions. The deicing boots occurred when a thin ice bridging events for these airplanes. letters also requested that manufacturers layer of ice is sufficiently plastic to The FAA considers that ice provide data showing that the aircraft deform to the shape of the inflated accumulation on protected surfaces due has safe operating characteristics with deicing boot tube without being to delayed boot activation constitutes a ice accreted on the protected surfaces fractured and shed during the ensuing potential safety concern. However, the (boots). The manufacturers were asked tube deflation. As the deformed ice FAA recognizes that not all airplanes to provide data using the following hardens and accretes additional ice, the may be equipped with ‘‘modern’’

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55179 deicing boots (as that term is used in boot cycle is removed during The FAA specifically invites the this NPRM). The FAA specifically subsequent cycles. submission of comments and other data invites the submission of comments and As reported during the November regarding adverse effects that may occur other data regarding the effects of this 1997 international workshop, during specific phases of flight, proposed AD on airplanes equipped manufacturers of a substantial including takeoff, final approach, or with older pneumatic deicing boots, percentage of the turbopropeller landing. Any recommended speed including arguments for the retention of transport fleet have reported satisfactory restrictions or other operational existing activation delays for these in-flight icing operations of their procedures that would be necessary in older-style deicing boots. products with recommended procedures order to mitigate any adverse aerodynamic effects of deicing boot Residual Ice to activate operation of the deicing boots in the automatic mode at the onset of inflation during critical phases of flight should be fully explained and During the February conference, the airframe icing. documented. attendees agreed that the airplane is at Therefore, the FAA considers that the risk while the airplane is accreting ice, activation of pneumatic wing and tail The FAA’s Determination and that the airplane must be deicing boots at the first signs of ice The FAA is aware that, based on adequately protected to ensure that no accumulation is warranted. The FAA previous procedures provided to adverse handling and performance specifically invites the submission of flightcrews of many airplanes equipped characteristics develop. An additional data to substantiate that operating the with deicing boots, a historical concern discussed at the conference was deicing boots at the first sign of ice precedent has been set that permits the possibility that early activation of accretions is more hazardous than waiting to activate the deicing the ice protection system might degrade delaying boot activation until a specific equipment. In light of this information the ice shedding effectiveness of the thickness of ice has accumulated. and based on reports received, the FAA deicing boots, resulting in increased Other Considerations considers that certain procedures residual ice, i.e., there would be more should be included in the Limitations ice fragments remaining on the deicing The FAA recognizes that there may be Section of the AFM for all Fairchild boots than would exist if a more some phases of flight during which use SA226 and SA227 series airplanes to substantial quantity of ice was allowed of the deicing boots may be require immediate activation of the ice to form before the first ice shedding inappropriate. For example, a deicing protection systems when any ice cycle. However, the FAA does not boot inflation cycle that begins accumulation is detected on the concur. No data has been provided that immediately before or during the airplane. shows that the presence of residual ice landing flare or the takeoff rotation may This proposed action is one of a following an earlier activation of the cause unexpected loss of lift or other number of proposed AD’s being issued deicing boots is more hazardous than adverse aerodynamic events. This on airplanes that have been determined delaying cycling of the boots until the proposed AD explicitly does not to be subject to the same identified ice accretes to a larger, specific supersede procedures in the AFM that unsafe conditions. Currently proposed thickness. In fact, testing in icing prohibit using deicing boots for certain AD’s for other airplanes that are conditions has shown that residual ice phases of flight (e.g., during take-off, equipped with pneumatic deicing boots remaining on the boots after the initial final approach, and landing). address the following airplanes:

Airplane models Docket No.

Industrie Aeronautiche e Meccaniche, Model Piaggio P±180 Airplanes ...... 99±CE±34±AD Pilatus Britten-Norman Ltd., BN±2T Series Airplanes ...... 99±CE±35±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 Airplanes ...... 99±CE±36±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models AP68TP 300 ``Spartacus'' and AP68TP 600 ``Viator'' Airplanes ...... 99±CE±37±AD Mitsubishi Heavy Industries, Ltd., MU±2B Series Airplanes ...... 99±CE±38±AD LET, a.s., Model L±420 Airplanes ...... 99±CE±39±AD British Aerospace Jetstream, Models 3101 and 3201 Airplanes ...... 99±CE±40±AD Harbin Aircraft Manufacturing Corp., Model Y12 IV airplanes ...... 99±CE±41±AD Empresa Brasileira de Aeronautica S.A. (Embraer), Models EMB±110P1 and EMB±110P2 Airplanes ...... 99±CE±42±AD Dornier Luftfahrt GmbH, 228 Series Airplanes ...... 99±CE±43±AD Bombardier Inc., DHC±6 Series Airplanes ...... 99±CE±44±AD The Cessna Aircraft Company, 208 Series Airplanes ...... 99±CE±45±AD Raytheon Aircraft Company, 90, 99, 100, 200, 300, 1900, and 2000 Series Airplanes ...... 99±CE±46±AD AeroSpace Technologies Of Australia Pty Ltd., Models N22B and N24A ...... 99±CE±47±AD Short Brothers & Harland Ltd., Models SC±7 Series 2 and SC±7 Series 3 Airplanes ...... 99±CE±48±AD The New Piper Aircraft, Inc., PA±31 Series Airplanes ...... 99±CE±49±AD SOCATAÐGroupe AEROSPATIALE, Model TBM 700 Airplanes ...... 99±CE±50±AD Twin Commander Aircraft Corporation, 600 Series Airplanes ...... 99±CE±51±AD The Cessna Aircraft Company, Models 425 and 441 Airplanes ...... 99±CE±53±AD Cessna Aircraft Company, Models 500, 550, and 560 Airplanes ...... 99±NM±136±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 99±NM±137±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 99±NM±138±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 99±NM±139±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 99±NM±140±AD Frakes Aviation, Model G±73 (Mallard) and G±73T Series Airplanes ...... 99±NM±141±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 99±NM±142±AD Fairchild, Models F27 and FH227 Series Airplanes ...... 99±NM±143±AD Aerospatiale, Models ATR±42/ATR±72 Series Airplanes ...... 99±NM±144±AD Jetstream, Model BAe ATP Airplanes ...... 99±NM±145±AD Jetstream, Model 4101 Airplanes ...... 99±NM±146±AD

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Airplane models Docket No.

British Aerospace, Model HS 748 Series Airplanes ...... 99±NM±147±AD Saab, Model SF340A/SAAB 340B/SAAB 2000 Series Airplanes ...... 99±NM±148±AD CASA, Model C±212/CN±235 Series Airplanes ...... 99±NM±149±AD Dornier, Model 328±100 Series Airplanes ...... 99±NM±150±AD Lockheed, Model 1329±23 and 1329±25 (Lockheed Jetstar) Series Airplanes ...... 99±NM±151±AD de Havilland Model, DHC±7/DHC±8 Series Airplanes ...... 99±NM±152±AD Fokker, Model F27 Mark 100/200/300/400/500/600/700/050 Series Airplanes ...... 99±NM±153±AD Short Brothers, Model SD3±30/SD3±60/SD3±SHERPA Series Airplanes ...... 99±NM±154±AD

Explanation of the Provisions of the promulgated, will not have a significant repair on the unsafe condition addressed by Proposed AD economic impact, positive or negative, this AD; and, if the unsafe condition has not been eliminated, the request should include Since an unsafe condition has been on a substantial number of small entities under the criteria of the Regulatory specific proposed actions to address it. identified that is likely to exist or Compliance: Required as indicated in the develop in other Fairchild SA226 and Flexibility Act. A copy of the draft regulatory evaluation prepared for this body of this AD, unless already SA227 series airplanes of the same type accomplished. design registered in the United States, action has been placed in the Rules To assure that flightcrews activate the wing the FAA is proposing AD action. The Docket. A copy of it may be obtained by and tail pneumatic deicing boots at the first proposed AD would require revising the contacting the Rules Docket at the signs of ice accumulation on the airplane, Limitations Section of the AFM to location provided under the caption accomplish the following: include requirements for activation of ADDRESSES. (a) Within 10 days after the effective date pneumatic deicing boots at the first of this AD: Revise the Limitations Section of List of Subjects in 14 CFR Part 39 the FAA-approved Airplane Flight Manual indication of ice accumulation on the (AFM) to include the following requirements airplane. Air transportation, Aircraft, Aviation safety, Safety. for activation of the ice protection systems. Cost Impact This may be accomplished by inserting a The Proposed Amendment copy of this AD in the AFM. The FAA estimates that 160 airplanes ‘‘• Except for certain phases of flight in the U.S. registry would be affected by Accordingly, pursuant to the where the AFM specifies that deicing boots the proposed AD, that it would take authority delegated to me by the should not be used (e.g., take-off, final approximately 1 workhour per airplane Administrator, the Federal Aviation approach, and landing), compliance with the Administration proposes to amend part following is required. to accomplish the proposed AFM • revisions. Accomplishing the proposed 39 of the Federal Aviation Regulations Wing and Tail Leading Edge Pneumatic (14 CFR part 39) as follows: Deicing Boot System, if installed, must be AFM revision requirements of this activated: NPRM may be performed by the owner/ PART 39ÐAIRWORTHINESS —At the first sign of ice formation operator holding at least a private pilot DIRECTIVES anywhere on the aircraft, or upon certificate as authorized by section 43.7 annunciation from an ice detector of the Federal Aviation Regulations (14 1. The authority citation for part 39 system, whichever occurs first; and CFR 43.7), and must be entered into the continues to read as follows: —The system must either be continued to aircraft records showing compliance Authority: 49 U.S.C. 106(g), 40113, 44701. be operated in the automatic cycling with the proposed AD in accordance mode, if available; or the system must be with section 43.9 of the Federal § 39.13 [Amended] manually cycled as needed to minimize Aviation Regulations (14 CFR 43.9). The 2. Section 39.13 is amended by the ice accretions on the airframe. • only cost impact of the proposed AD is adding a new airworthiness directive The wing and tail leading edge the time it would take each owner/ (AD) to read as follows: pneumatic deicing boot system may be deactivated only after leaving icing operator of the affected airplanes to Fairchild Aircraft Corporation: Docket No. conditions and after the airplane is insert the information into the AFM. 99–CE–52–AD. determined to be clear of ice.’’ Regulatory Impact Applicability: The following model (b) Incorporating the AFM revisions, as airplanes, all serial numbers equipped with required by this AD, may be performed by The regulations proposed herein pneumatic deicing boots, certificated in any the owner/operator holding at least a private would not have substantial direct effects category. pilot certificate as authorized by section 43.7 on the States, on the relationship Models of the Federal Aviation Regulations (14 CFR between the national government and 43.7), and must be entered into the aircraft SA226–T, SA226–AT, SA226–T(B), SA227– records showing compliance with this AD in the States, or on the distribution of AT, SA227–TT, SA226–TC, SA227–AC, power and responsibilities among the accordance with section 43.9 of the Federal SA227–PC, SA227–BC, SA227–CC, Aviation Regulations (14 CFR 43.9). various levels of government. Therefore, SA227–DC (c) Special flight permits may be issued in in accordance with Executive Order Note 1: This AD applies to each airplane accordance with sections 21.197 and 21.199 12612, it is determined that this identified in the preceding applicability of the Federal Aviation Regulations (14 CFR proposal would not have sufficient provision, regardless of whether it has been 21.197 and 21.199) to operate the airplane to federalism implications to warrant the modified, altered, or repaired in the area a location where the requirements of this AD preparation of a Federalism Assessment. subject to the requirements of this AD. For can be accomplished. For the reasons discussed above, I airplanes that have been modified, altered, or (d) An alternative method of compliance or certify that this action (1) is not a repaired so that the performance of the adjustment of the compliance time that ‘‘significant regulatory action’’ under requirements of this AD is affected, the provides an equivalent level of safety may be owner/operator must request approval for an approved by the Manager, Small Airplane Executive Order 12866; (2) is not a alternative method of compliance in Directorate, 1201 Walnut, suite 900, Kansas ‘‘significant rule’’ under DOT accordance with paragraph (d) of this AD. City, Missouri 64106. The request shall be Regulatory Policies and Procedures (44 The request should include an assessment of forwarded through an appropriate FAA FR 11034, February 26, 1979); and (3) if the effect of the modification, alteration, or Maintenance Inspector, who may add

VerDate 06-OCT-99 16:37 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm07 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55181 comments and then send it to the Manager, may be inspected at this location concluded that the airplane had Small Airplane Directorate. between 8 a.m. and 4 p.m., Monday accumulated a thin, rough layer of ice Note 2: Information concerning the through Friday, holidays excepted. on its lifting surfaces. That existence of approved alternative methods of FOR FURTHER INFORMATION CONTACT: Mr. accumulation of ice, in combination compliance with this AD, if any, may be John P. Dow, Sr., Aerospace Engineer, with the slowing of the airplane to an obtained from the Small Airplane airspeed inappropriate for the icing Directorate. FAA, Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City, Missouri conditions in which the airplane was (e) Information related to this AD may be 64106; telephone: (816) 426–6932; flying, resulted in loss of control that examined at the FAA, Central Region, Office was not corrected before the airplane of the Regional Counsel, Room 1558, 601 E. facsimile: (816) 426–2169. 12th Street, Kansas City, Missouri 64106. SUPPLEMENTARY INFORMATION: impacted the ground. The NTSB also concluded that the flight crew did not Issued in Kansas City, Missouri, on Comments Invited October 4, 1999. activate the wing and tail pneumatic deicing boots. An NTSB Michael Gallagher, Interested persons are invited to participate in the making of the recommendation related to this accident Manager, Small Airplane Directorate, Aircraft requested that the FAA mandate that Certification Service. proposed rule by submitting such written data, views, or arguments as pneumatic deicing boots be turned on as [FR Doc. 99–26580 Filed 10–8–99; 8:45 am] they may desire. Communications soon as the airplane enters icing BILLING CODE 4910±13±P should identify the Rules Docket conditions. number and be submitted in triplicate to The FAA has reviewed the icing- related incident history of certain DEPARTMENT OF TRANSPORTATION the address specified above. All communications received on or before airplanes, and has determined that icing Federal Aviation Administration the closing date for comments, specified incidents may have occurred because above, will be considered before taking pneumatic deicing boots were not 14 CFR Part 39 action on the proposed rule. The activated at the first evidence of ice proposals contained in this notice may accretion. As a result, the handling [Docket No. 99±CE±45±AD] be changed in light of the comments qualities or the controllability of the RIN 2120±AA64 received. airplane may have been reduced due to Comments are specifically invited on the accumulated ice. That factor was Airworthiness Directives; Cessna the overall regulatory, economic, present in the accident discussed Aircraft Company Models 208, 208A, environmental, and energy aspects of previously and, as such, constitutes an and 208B Airplanes the proposed rule. All comments unsafe condition. submitted will be available, both before AGENCY: Federal Aviation Request for Information and after the closing date for comments, Administration, DOT. in the Rules Docket for examination by On October 1, 1998, the FAA sent ACTION: Notice of proposed rulemaking interested persons. A report that letters to certain manufacturers of (NPRM). summarizes each FAA-public contact airplanes certified in accordance with part 25 of the Federal Aviation SUMMARY: This document proposes to concerned with the substance of this Regulations (14 CFR part 25). The letters adopt a new airworthiness directive proposal will be filed in the Rules requested certain icing system design (AD) that would apply to all Cessna Docket. information and operational procedures Aircraft Company (Cessna) Models 208, Commenters wishing the FAA to applicable to their airplanes concerning 208A, and 208B airplanes. The acknowledge receipt of their comments flight during icing conditions. The proposed AD would require revising the submitted in response to this notice letters also requested that manufacturers Airplane Flight Manual (AFM) to must submit a self-addressed, stamped provide data showing that the aircraft include requirements for activation of postcard on which the following has safe operating characteristics with the airframe pneumatic deicing boots. statement is made: ‘‘Comments to ice accreted on the protected surfaces The proposed AD is the result of reports Docket No. 99–CE–45–AD.’’ The (boots). The manufacturers were asked of in-flight incidents and an accident postcard will be date stamped and to provide data using the following that occurred in icing conditions where returned to the commenter. assumptions: The most adverse ice the airframe pneumatic deicing boots Availability of NPRMs accumulation possible during operation were not activated. The actions Any person may obtain a copy of this in the icing envelope specified in part specified by the proposed AD are NPRM by submitting a request to the 25, Appendix C of the Federal Aviation intended to assure that flightcrews FAA, Central Region, Office of the Regulations (14 CFR part 25), and that activate the pneumatic wing and tail Regional Counsel, Attention: Rules recommended procedures for deicing deicing boots at the first signs of ice Docket No. 99–CE–45–AD, Room 1558, boot operation were used. Additionally, accumulation. This action will prevent 601 E. 12th Street, Kansas City, Missouri the manufacturers were asked to reduced controllability of the aircraft 64106. provide information related to operation due to adverse aerodynamic effects of of the autopilot during icing conditions, ice adhering to the airplane prior to the Discussion and for information related to first deicing cycle. On January 9, 1997, an Empresa appropriate operating speeds for icing DATES: Comments must be received on Brazileira de Aeronautica, S.A. operations. or before December 1, 1999. (EMBRAER) Model EMB–120RT series No information received, as a result of ADDRESSES: Submit comments in airplane was involved in an that request, has caused the FAA to triplicate to the Federal Aviation uncommanded roll excursion and reconsider the previous conclusion that Administration (FAA), Central Region, consequent rapid descent that resulted an unsafe condition may exist. Office of the Regional Counsel, in an accident near Monroe, Michigan. Attention: Rules Docket No. 99–CE–45– The post-accident investigation Public Meeting AD, Room 1558, 601 E. 12th Street, conducted by the National Subsequent to the collection of those Kansas City, Missouri 64106. Comments Transportation Safety Board (NTSB) design and operational data, the FAA

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 55182 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules held an international conference on the National Transportation Safety the ice shedding effectiveness of the ‘‘Inflight Operations in Icing Board, non-US civil aviation authorities, deicing boots, resulting in increased Conditions’’, in Washington, DC, on and the FAA participated. At the residual ice, i.e., there would be more February 2–4, 1999. The purpose of the workshop no evidence was presented to ice fragments remaining on the deicing conference was to discuss the status of substantiate that aircraft with modern boots than would exist if a more the FAA Icing Plan and other related deicing boot designs experience ice substantial quantity of ice was allowed efforts. Additionally, the conference bridging. The general consensus of the to form before the first ice shedding provided a forum for representatives of workshop participants was that ice cycle. However, the FAA does not industry to express their viewpoints on bridging is not a problem for modern concur. No data has been provided that current information related to activation pneumatic deicing boot designs due to shows that the presence of residual ice of deicing boots, minimum airspeeds, the use of higher air supply pressures, following an earlier activation of the autopilot operation in icing conditions, faster boot inflation and deflation deicing boots is more hazardous than flightcrew information needs, and cycles, and smaller boot chambers. Icing delaying cycling of the boots until the flightcrew training. Certain information wind tunnel and flight testing of these ice accretes to a larger, specific presented at that meeting is discussed in newer design features with automatic thickness. In fact, testing in icing this proposed rule in the following cycling have demonstrated successful conditions has shown that residual ice section. shedding of ice when activated at the remaining on the boots after the initial onset of ice accretion, with ice not shed Delayed Activation of Pneumatic boot cycle is removed during on the initial deicing boot cycle Deicing Boots subsequent cycles. continuing to increase in thickness and As reported during the November In accordance with manufacturer being shed during subsequent cycles. 1997 international workshop, instructions and FAA-approved airplane During the previously discussed manufacturers of a substantial flight manual (AFM) procedures, the November 1997 international workshop, percentage of the turbopropeller flightcrews of most airplanes equipped the inability of flightcrews to accurately transport fleet have reported satisfactory with pneumatic deicing boots delay the gauge wing and control surfaces ice in-flight icing operations of their initial activation of the boots until a accretion thickness before activating the products with recommended procedures certain quantity of ice has accumulated deicing boots was recognized. Also, to activate operation of the deicing boots on the protected surfaces (boots). Some increased airplane drag resulting from in the automatic mode at the onset of crews routinely wait for 1⁄4 to 1⁄2 inch of ice accretion was recognized as a airframe icing. ice to accumulate, and at least one potential contributing cause of Therefore, the FAA considers that the airplane type is routinely flown with up inadvertent airspeed loss that activation of pneumatic wing and tail to 11⁄2 inches of ice on the protected characterized most in-flight icing related deicing boots at the first signs of ice surfaces before the initial activation of accidents and incidents. Two airframe the deicing boots. manufacturers, whose products accumulation is warranted. The FAA specifically invites the submission of Ice Bridging comprise a substantial percentage of the turbopropeller transport fleet, reported data to substantiate that operating the In the past, concern about ‘‘ice that, because of these concerns they deicing boots at the first sign of ice bridging’’ on early pneumatic deicing recommend activating the automatic accretions is more hazardous than boot designs resulted in the common airframe deicing system at first onset of delaying boot activation until a specific practice of delaying activation of ice airframe icing. Those manufacturers thickness of ice has accumulated. protection. Ice bridging of pneumatic have received no reports of deicing boot Other Considerations deicing boots occurred when a thin ice bridging events for these airplanes. layer of ice is sufficiently plastic to The FAA considers that ice The FAA recognizes that there may be deform to the shape of the inflated accumulation on protected surfaces due some phases of flight during which use deicing boot tube without being to delayed boot activation constitutes a of the deicing boots may be fractured and shed during the ensuing potential safety concern. However, the inappropriate. For example, a deicing tube deflation. As the deformed ice FAA recognizes that not all airplanes boot inflation cycle that begins hardens and accretes additional ice, the may be equipped with ‘‘modern’’ immediately before or during the deicing boot becomes ineffective in deicing boots (as that term is used in landing flare or the takeoff rotation may shedding the ‘‘sheath’’ of ice. However, this NPRM). The FAA specifically cause unexpected loss of lift or other ice accumulation resulting from delayed invites the submission of comments and adverse aerodynamic events. This activation may pose an unsafe condition other data regarding the effects of this proposed AD explicitly does not due to the resultant adverse proposed AD on airplanes equipped supersede procedures in the AFM that aerodynamic effects on the airplane’s with older pneumatic deicing boots, prohibit using deicing boots for certain performance or handling qualities. including arguments for the retention of phases of flight (e.g., during take-off, In November 1997, the FAA and the existing activation delays for these final approach, and landing). National Aeronautics and Space older-style deicing boots. The FAA specifically invites the Administration (NASA) co-sponsored submission of comments and other data an international workshop on aircraft Residual Ice regarding adverse effects that may occur deicing boot ice bridging. The objective During the February conference, the during specific phases of flight, of the workshop was to provide an open attendees agreed that the airplane is at including takeoff, final approach, or forum for investigating the existence of risk while the airplane is accreting ice, landing. Any recommended speed deicing boot bridging and other and that the airplane must be restrictions or other operational concerns related to activating ice adequately protected to ensure that no procedures that would be necessary in protection systems at the initial adverse handling and performance order to mitigate any adverse detection of inflight icing. Sixty-seven characteristics develop. An additional aerodynamic effects of deicing boot representatives from airframe and concern discussed at the conference was inflation during critical phases of flight deicing boot manufacturers, various the possibility that early activation of should be fully explained and airlines, the pilot community, NASA, the ice protection system might degrade documented.

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The FAA’s Determination and based on reports received, the FAA This proposed action is one of a considers that certain procedures number of proposed AD’s being issued The FAA is aware that, based on should be included in the Limitations on airplanes that have been determined previous procedures provided to Section of the AFM for all Cessna to be subject to the same identified flightcrews of many airplanes equipped Models 208, 208A, and 208B airplanes unsafe conditions. Currently proposed with deicing boots, a historical to require immediate activation of the AD’s for other airplanes that are precedent has been set that permits ice protection systems when any ice equipped with pneumatic deicing boots waiting to activate the deicing accumulation is detected on the address the following airplanes: equipment. In light of this information airplane.

Airplane models Docket No.

Industrie Aeronautiche e Meccaniche, Model Piaggio P±180 Airplanes ...... 99±CE±34±AD Pilatus Britten-Norman Ltd., BN±2T Series Airplanes ...... 99±CE±35±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 Airplanes ...... 99±CE±36±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models AP68TP 300 ``Spartacus'' and AP68TP 600 ``Viator'' Airplanes ...... 99±CE±37±AD Mitsubishi Heavy Industries, Ltd., MU±2B Series Airplanes ...... 99±CE±38±AD LET, a.s., Model L±420 Airplanes ...... 99±CE±39±AD British Aerospace, Jetstream Models 3101 and 3201 Airplanes ...... 99±CE±40±AD Harbin Aircraft Manufacturing Corp., Model Y12 IV airplanes ...... 99±CE±41±AD Empresa Brasileira de Aeronautica S.A. (Embraer), Models EMB±110P1 and EMB±110P2 Airplanes ...... 99±CE±42±AD Dornier Luftfahrt GmbH, 228 Series Airplanes ...... 99±CE±43±AD Bombardier Inc., DHC±6 Series Airplanes ...... 99±CE±44±AD Raytheon Aircraft Company, 90, 99, 100, 200, 300, 1900, and 2000 Series Airplanes ...... 99±CE±46±AD AeroSpace Technologies Of Australia Pty Ltd., Models N22B and N24A ...... 99±CE±47±AD Short Brothers & Harland Ltd., Models SC±7 Series 2 and SC±7 Series 3 Airplanes ...... 99±CE±48±AD The New Piper Aircraft, Inc., PA±31 Series Airplanes ...... 99±CE±49±AD SOCATAÐGroupe AEROSPATIALE, Model TBM 700 Airplanes ...... 99±CE±50±AD Twin Commander Aircraft Corporation 600 Series Airplanes ...... 99±CE±51±AD Fairchild Aircraft Corporation, SA226 and SA227 Series Airplanes ...... 99±CE±52±AD The Cessna Aircraft Company, Models 425 and 441 Airplanes ...... 99±CE±53±AD Cessna Aircraft Company, Models 500, 550, and 560 Airplanes ...... 99±NM±136±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 99±NM±137±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 99±NM±138±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 99±NM±139±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 99±NM±140±AD Frakes Aviation, Model, G±73 (Mallard) and G±73T Series Airplanes ...... 99±NM±141±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 99±NM±142±AD Fairchild, Models F27 and FH227 Series Airplanes ...... 99±NM±143±AD Aerospatiale, Models ATR±42/ATR±72 Series Airplanes ...... 99±NM±144±AD Jetstream Model BAe ATP Airplanes ...... 99±NM±145±AD Jetstream Model 4101 Airplanes ...... 99±NM±146±AD British Aerospace Model HS 748 Series Airplanes ...... 99±NM±147±AD Saab, Model SF340A/SAAB 340B/SAAB 2000 Series Airplanes ...... 99±NM±148±AD CASA Model C±212/CN±235 Series Airplanes ...... 99±NM±149±AD Dornier Model 328±100 Series Airplanes ...... 99±NM±150±AD Lockheed Model 1329±23 and 1329±25 (Lockheed Jetstar) Series Airplanes ...... 99±NM±151±AD de Havilland Model DHC±7/DHC±8 Series Airplanes ...... 99±NM±152±AD Fokker Model F27 Mark 100/200/300/400/500/600/700/050 Series Airplanes ...... 99±NM±153±AD Short Brothers, Model SD3±30/SD3±60/SD3±SHERPA Series Airplanes ...... 99±NM±154±AD

Explanation of the Provisions of the to accomplish the proposed AFM on the States, on the relationship Proposed AD revisions. Accomplishing the proposed between the national government and Since an unsafe condition has been AFM revision requirements of this the States, or on the distribution of identified that is likely to exist or NPRM may be performed by the owner/ power and responsibilities among the develop in other Cessna Models 208, operator holding at least a private pilot various levels of government. Therefore, 208A, and 208B airplanes of the same certificate as authorized by section 43.7 in accordance with Executive Order type design registered in the United of the Federal Aviation Regulations (14 12612, it is determined that this States, the FAA is proposing AD action. CFR 43.7), and must be entered into the proposal would not have sufficient The proposed AD would require aircraft records showing compliance federalism implications to warrant the revising the Limitations Section of the with the proposed AD in accordance preparation of a Federalism Assessment. AFM to include requirements for with section 43.9 of the Federal For the reasons discussed above, I activation of pneumatic deicing boots at Aviation Regulations (14 CFR 43.9). The certify that this action (1) is not a the first indication of ice accumulation only cost impact of the proposed AD is ‘‘significant regulatory action’’ under on the airplane. the time it would take each owner/ Executive Order 12866; (2) is not a operator of the affected airplanes to ‘‘significant rule’’ under DOT Cost Impact insert the information into the AFM. Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if The FAA estimates that 576 airplanes Regulatory Impact in the U.S. registry would be affected by promulgated, will not have a significant the proposed AD, that it would take The regulations proposed herein economic impact, positive or negative, approximately 1 workhour per airplane would not have substantial direct effects on a substantial number of small entities

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 55184 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules under the criteria of the Regulatory approach, and landing), compliance with the DEPARTMENT OF TRANSPORTATION Flexibility Act. A copy of the draft following is required. regulatory evaluation prepared for this • Wing and Tail Leading Edge Pneumatic Federal Aviation Administration action has been placed in the Rules Deicing Boot System, if installed, must be Docket. A copy of it may be obtained by activated: 14 CFR Part 39 contacting the Rules Docket at the —At the first sign of ice formation [Docket No. 99±CE±53±AD] location provided under the caption anywhere on the aircraft, or upon RIN 2120±AA64 ADDRESSES. annunciation from an ice detector system, whichever occurs first; and List of Subjects in 14 CFR Part 39 Airworthiness Directives; The Cessna —The system must either be continued to Aircraft Company Models 425 and 441 Air transportation, Aircraft, Aviation be operated in the automatic cycling Airplanes safety, Safety. mode, if available; or the system must be manually cycled as needed to minimize AGENCY: Federal Aviation The Proposed Amendment the ice accretions on the airframe. Administration, DOT. Accordingly, pursuant to the • The wing and tail leading edge ACTION: Notice of proposed rulemaking authority delegated to me by the pneumatic deicing boot system may be (NPRM). Administrator, the Federal Aviation deactivated only after leaving icing Administration proposes to amend part conditions and after the airplane is SUMMARY: This document proposes to 39 of the Federal Aviation Regulations determined to be clear of ice.’’ adopt a new airworthiness directive (14 CFR part 39) as follows: (b) Incorporating the AFM revisions, as (AD) that would apply to all The Cessna required by this AD, may be performed by Aircraft Company (Cessna) Models 425 PART 39ÐAIRWORTHINESS the owner/operator holding at least a private and 441 airplanes. The proposed AD DIRECTIVES pilot certificate as authorized by section 43.7 would require revising the Airplane 1. The authority citation for part 39 of the Federal Aviation Regulations (14 CFR Flight Manual (AFM) to include continues to read as follows: 43.7), and must be entered into the aircraft requirements for activation of the records showing compliance with this AD in airframe pneumatic deicing boots. The Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with section 43.9 of the Federal proposed AD is the result of reports of § 39.13 [Amended] Aviation Regulations (14 CFR 43.9). in-flight incidents and an accident that (c) Special flight permits may be issued in occurred in icing conditions where the 2. Section 39.13 is amended by accordance with sections 21.197 and 21.199 airframe pneumatic deicing boots were adding a new airworthiness directive of the Federal Aviation Regulations (14 CFR not activated. The actions specified by (AD) to read as follows: 21.197 and 21.199) to operate the airplane to the proposed AD are intended to assure Cessna Aircraft Company: Docket No. 99– a location where the requirements of this AD that flightcrews activate the pneumatic CE–45–AD. can be accomplished. wing and tail deicing boots at the first Applicability: Models 208, 208A, and 208B (d) An alternative method of compliance or signs of ice accumulation. This action airplanes, all serial numbers equipped with adjustment of the compliance time that will prevent reduced controllability of pneumatic deicing boots, certificated in any provides an equivalent level of safety may be the aircraft due to adverse aerodynamic category. approved by the Manager, Small Airplane effects of ice adhering to the airplane Note 1: This AD applies to each airplane Directorate, 1201 Walnut, suite 900, Kansas prior to the first deicing cycle. identified in the preceding applicability City, Missouri 64106. The request shall be DATES: Comments must be received on provision, regardless of whether it has been forwarded through an appropriate FAA modified, altered, or repaired in the area or before December 1, 1999. Maintenance Inspector, who may add subject to the requirements of this AD. For ADDRESSES: Submit comments in airplanes that have been modified, altered, or comments and then send it to the Manager, Small Airplane Directorate. triplicate to the Federal Aviation repaired so that the performance of the Administration (FAA), Central Region, requirements of this AD is affected, the Note 2: Information concerning the Office of the Regional Counsel, owner/operator must request approval for an existence of approved alternative methods of alternative method of compliance in Attention: Rules Docket No. 99–CE–53– compliance with this AD, if any, may be AD, Room 1558, 601 E. 12th Street, accordance with paragraph (d) of this AD. obtained from the Small Airplane Kansas City, Missouri 64106. Comments The request should include an assessment of Directorate. the effect of the modification, alteration, or may be inspected at this location repair on the unsafe condition addressed by (e) Information related to this AD may be between 8 a.m. and 4 p.m., Monday this AD; and, if the unsafe condition has not examined at the FAA, Central Region, Office through Friday, holidays excepted. been eliminated, the request should include of the Regional Counsel, Room 1558, 601 E. FOR FURTHER INFORMATION CONTACT: Mr. specific proposed actions to address it. 12th Street, Kansas City, Missouri 64106. John P. Dow, Sr., Aerospace Engineer, Compliance: Required as indicated in the Issued in Kansas City, Missouri, on FAA, Small Airplane Directorate, 1201 body of this AD, unless already October 4, 1999. Walnut, suite 900, Kansas City, Missouri accomplished. Michael Gallagher, To assure that flightcrews activate the wing 64106; telephone: (816) 426–6932; and tail pneumatic deicing boots at the first Manager, Small Airplane Directorate, Aircraft facsimile: (816) 426–2169. signs of ice accumulation on the airplane, Certification Service. SUPPLEMENTARY INFORMATION: accomplish the following: [FR Doc. 99–26579 Filed 10–8–99; 8:45 am] Comments Invited (a) Within 10 days after the effective date BILLING CODE 4910±13±P of this AD: Revise the Limitations Section of Interested persons are invited to the FAA-approved Airplane Flight Manual participate in the making of the (AFM) to include the following requirements proposed rule by submitting such for activation of the ice protection systems. This may be accomplished by inserting a written data, views, or arguments as copy of this AD in the AFM. they may desire. Communications ‘‘• Except for certain phases of flight should identify the Rules Docket where the AFM specifies that deicing boots number and be submitted in triplicate to should not be used (e.g., take-off, final the address specified above. All

VerDate 06-OCT-99 16:47 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm07 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55185 communications received on or before airplanes, and has determined that icing Delayed Activation of Pneumatic the closing date for comments, specified incidents may have occurred because Deicing Boots above, will be considered before taking pneumatic deicing boots were not In accordance with manufacturer action on the proposed rule. The activated at the first evidence of ice instructions and FAA-approved airplane proposals contained in this notice may accretion. As a result, the handling flight manual (AFM) procedures, the be changed in light of the comments qualities or the controllability of the flightcrews of most airplanes equipped received. airplane may have been reduced due to with pneumatic deicing boots delay the Comments are specifically invited on the accumulated ice. That factor was initial activation of the boots until a the overall regulatory, economic, present in the accident discussed certain quantity of ice has accumulated environmental, and energy aspects of previously and, as such, constitutes an on the protected surfaces (boots). Some the proposed rule. All comments unsafe condition. crews routinely wait for 1⁄4 to 1⁄2 inch of submitted will be available, both before ice to accumulate, and at least one and after the closing date for comments, Request for Information airplane type is routinely flown with up in the Rules Docket for examination by 1 interested persons. A report that On October 1, 1998, the FAA sent to 1 ⁄2 inches of ice on the protected summarizes each FAA-public contact letters to certain manufacturers of surfaces before the initial activation of concerned with the substance of this airplanes certified in accordance with the deicing boots. proposal will be filed in the Rules part 25 of the Federal Aviation Ice Bridging Docket. Regulations (14 CFR part 25). The letters In the past, concern about ‘‘ice Commenters wishing the FAA to requested certain icing system design bridging’’ on early pneumatic deicing acknowledge receipt of their comments information and operational procedures boot designs resulted in the common submitted in response to this notice applicable to their airplanes concerning practice of delaying activation of ice must submit a self-addressed, stamped flight during icing conditions. The postcard on which the following protection. Ice bridging of pneumatic letters also requested that manufacturers deicing boots occurred when a thin statement is made: ‘‘Comments to provide data showing that the aircraft Docket No. 99–CE–53–AD.’’ The layer of ice is sufficiently plastic to has safe operating characteristics with deform to the shape of the inflated postcard will be date stamped and ice accreted on the protected surfaces returned to the commenter. deicing boot tube without being (boots). The manufacturers were asked fractured and shed during the ensuing Availability of NPRMs to provide data using the following tube deflation. As the deformed ice assumptions: The most adverse ice Any person may obtain a copy of this hardens and accretes additional ice, the accumulation possible during operation NPRM by submitting a request to the deicing boot becomes ineffective in in the icing envelope specified in part FAA, Central Region, Office of the shedding the ‘‘sheath’’ of ice. However, 25, Appendix C of the Federal Aviation Regional Counsel, Attention: Rules ice accumulation resulting from delayed Regulations (14 CFR part 25), and that Docket No. 99–CE–53–AD, Room 1558, activation may pose an unsafe condition recommended procedures for deicing 601 E. 12th Street, Kansas City, Missouri due to the resultant adverse 64106. boot operation were used. Additionally, aerodynamic effects on the airplane’s the manufacturers were asked to performance or handling qualities. Discussion provide information related to operation In November 1997, the FAA and the On January 9, 1997, an Empresa of the autopilot during icing conditions, National Aeronautics and Space Brazileira de Aeronautica, S.A. and for information related to Administration (NASA) co-sponsored (EMBRAER) Model EMB–120RT series appropriate operating speeds for icing an international workshop on aircraft airplane was involved in an operations. deicing boot ice bridging. The objective uncommanded roll excursion and No information received, as a result of of the workshop was to provide an open consequent rapid descent that resulted that request, has caused the FAA to forum for investigating the existence of in an accident near Monroe, Michigan. reconsider the previous conclusion that deicing boot bridging and other The post-accident investigation an unsafe condition may exist. concerns related to activating ice conducted by the National protection systems at the initial Transportation Safety Board (NTSB) Public Meeting detection of inflight icing. Sixty-seven concluded that the airplane had representatives from airframe and accumulated a thin, rough layer of ice Subsequent to the collection of those deicing boot manufacturers, various on its lifting surfaces. That design and operational data, the FAA airlines, the pilot community, NASA, accumulation of ice, in combination held an international conference on the National Transportation Safety with the slowing of the airplane to an ‘‘Inflight Operations in Icing Board, non-US civil aviation authorities, airspeed inappropriate for the icing Conditions’’, in Washington, DC, on and the FAA participated. At the conditions in which the airplane was February 2–4, 1999. The purpose of the workshop no evidence was presented to flying, resulted in loss of control that conference was to discuss the status of substantiate that aircraft with modern was not corrected before the airplane the FAA Icing Plan and other related deicing boot designs experience ice impacted the ground. The NTSB also efforts. Additionally, the conference bridging. The general consensus of the concluded that the flight crew did not provided a forum for representatives of workshop participants was that ice activate the wing and tail pneumatic industry to express their viewpoints on bridging is not a problem for modern deicing boots. An NTSB current information related to activation pneumatic deicing boot designs due to recommendation related to this accident of deicing boots, minimum airspeeds, the use of higher air supply pressures, requested that the FAA mandate that autopilot operation in icing conditions, faster boot inflation and deflation pneumatic deicing boots be turned on as flightcrew information needs, and cycles, and smaller boot chambers. Icing soon as the airplane enters icing flightcrew training. Certain information wind tunnel and flight testing of these conditions. presented at that meeting is discussed in newer design features with automatic The FAA has reviewed the icing- this proposed rule in the following cycling have demonstrated successful related incident history of certain section. shedding of ice when activated at the

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 55186 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules onset of ice accretion, with ice not shed concern discussed at the conference was immediately before or during the on the initial deicing boot cycle the possibility that early activation of landing flare or the takeoff rotation may continuing to increase in thickness and the ice protection system might degrade cause unexpected loss of lift or other being shed during subsequent cycles. the ice shedding effectiveness of the adverse aerodynamic events. This During the previously discussed deicing boots, resulting in increased proposed AD explicitly does not November 1997 international workshop, residual ice, i.e., there would be more supersede procedures in the AFM that the inability of flightcrews to accurately ice fragments remaining on the deicing prohibit using deicing boots for certain gauge wing and control surfaces ice boots than would exist if a more phases of flight (e.g., during take-off, accretion thickness before activating the substantial quantity of ice was allowed final approach, and landing). deicing boots was recognized. Also, to form before the first ice shedding The FAA specifically invites the increased airplane drag resulting from cycle. However, the FAA does not submission of comments and other data ice accretion was recognized as a concur. No data has been provided that regarding adverse effects that may occur potential contributing cause of shows that the presence of residual ice during specific phases of flight, inadvertent airspeed loss that following an earlier activation of the including takeoff, final approach, or characterized most in-flight icing related deicing boots is more hazardous than landing. Any recommended speed accidents and incidents. Two airframe delaying cycling of the boots until the restrictions or other operational manufacturers, whose products ice accretes to a larger, specific procedures that would be necessary in comprise a substantial percentage of the thickness. In fact, testing in icing order to mitigate any adverse turbopropeller transport fleet, reported conditions has shown that residual ice aerodynamic effects of deicing boot that, because of these concerns they remaining on the boots after the initial inflation during critical phases of flight recommend activating the automatic boot cycle is removed during should be fully explained and airframe deicing system at first onset of subsequent cycles. documented. airframe icing. Those manufacturers As reported during the November have received no reports of deicing boot 1997 international workshop, The FAA’s Determination ice bridging events for these airplanes. manufacturers of a substantial The FAA is aware that, based on The FAA considers that ice percentage of the turbopropeller previous procedures provided to accumulation on protected surfaces due transport fleet have reported satisfactory flightcrews of many airplanes equipped to delayed boot activation constitutes a in-flight icing operations of their with deicing boots, a historical potential safety concern. However, the products with recommended procedures precedent has been set that permits FAA recognizes that not all airplanes to activate operation of the deicing boots waiting to activate the deicing may be equipped with ‘‘modern’’ in the automatic mode at the onset of equipment. In light of this information deicing boots (as that term is used in airframe icing. this NPRM). The FAA specifically Therefore, the FAA considers that the and based on reports received, the FAA invites the submission of comments and activation of pneumatic wing and tail considers that certain procedures other data regarding the effects of this deicing boots at the first signs of ice should be included in the Limitations proposed AD on airplanes equipped accumulation is warranted. The FAA Section of the AFM for all Cessna with older pneumatic deicing boots, specifically invites the submission of Models 425 and 441 airplanes to require including arguments for the retention of data to substantiate that operating the immediate activation of the ice existing activation delays for these deicing boots at the first sign of ice protection systems when any ice older-style deicing boots. accretions is more hazardous than accumulation is detected on the delaying boot activation until a specific airplane. Residual Ice thickness of ice has accumulated. This proposed action is one of a During the February conference, the number of proposed AD’s being issued attendees agreed that the airplane is at Other Considerations on airplanes that have been determined risk while the airplane is accreting ice, The FAA recognizes that there may be to be subject to the same identified and that the airplane must be some phases of flight during which use unsafe conditions. Currently proposed adequately protected to ensure that no of the deicing boots may be AD’s for other airplanes that are adverse handling and performance inappropriate. For example, a deicing equipped with pneumatic deicing boots characteristics develop. An additional boot inflation cycle that begins address the following airplanes:

Airplane models Docket No.

Industrie Aeronautiche e Meccaniche, Model Piaggio P±180 Airplanes ...... 99±CE±34±AD Pilatus Britten±Norman Ltd.,BN±2T Series Airplanes ...... 99±CE±35±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 Airplanes ...... 99±CE±36±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models AP68TP 300 ``Spartacus'' and AP68TP 600 ``Viator'' Airplanes ...... 99±CE±37±AD Mitsubishi Heavy Industries, Ltd., MU±2B Series Airplanes ...... 99±CE±38±AD LET, a.s., Model L±420 Airplanes ...... 99±CE±39±AD British Aerospace, Jetstream Models 3101 and 3201 Airplanes ...... 99±CE±40±AD Harbin Aircraft Manufacturing Corp., Model Y12 IV airplanes ...... 99±CE±41±AD Empresa Brasileira de Aeronautica S.A. (Embraer), Models EMB±110P1 and EMB±110P2 Airplanes ...... 99±CE±42±AD Dornier Luftfahrt GmbH, 228 Series Airplanes ...... 99±CE±43±AD Bombardier Inc., DHC±6 Series Airplanes ...... 99±CE±44±AD The Cessna Aircraft Company, 208 Series Airplanes ...... 99±CE±45±AD Raytheon Aircraft Company, 90, 99, 100, 200, 300, 1900, and 2000 Series Airplanes ...... 99±CE±46±AD AeroSpace Technologies Of Australia Pty Ltd., Models N22B and N24A ...... 99±CE±47±AD Short Brothers & Harland Ltd., Models SC±7 Series 2 and SC±7 Series 3 Airplanes ...... 99±CE±48±AD The New Piper Aircraft, Inc., PA±31 Series Airplanes ...... 99±CE±49±AD SOCATAÐGroupe AEROSPATIALE, Model TBM 700 Airplanes ...... 99±CE±50±AD Twin Commander Aircraft Corporation, 600 Series Airplanes ...... 99±CE±51±AD Fairchild Aircraft Corporation, SA226 and SA227 Series Airplanes ...... 99±CE±52±AD

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Airplane models Docket No.

Cessna Aircraft Company, Models 500, 550, and 560 Airplanes ...... 99±NM±136±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 99±NM±137±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 99±NM±138±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 99±NM±139±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 99±NM±140±AD Frakes Aviation, Model, G±73 (Mallard) and G±73T Series Airplanes ...... 99±NM±141±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 99±NM±142±AD Fairchild Models F27 and FH227 Series Airplanes ...... 99±NM±143±AD Aerospatiale Models ATR±42/ATR±72 Series Airplanes ...... 99±NM±144±AD Jetstream Model BAe ATP Airplanes ...... 99±NM±145±AD Jetstream Model 4101 Airplanes ...... 99±NM±146±AD British Aerospace Model HS 748 Series Airplanes ...... 99±NM±147±AD Saab Model SF340A/SAAB 340B/SAAB 2000, Series Airplanes ...... 99±NM±148±AD CASA Model C±212/CN±235 Series Airplanes ...... 99±NM±149±AD Dornier Model 328±100 Series Airplanes ...... 99±NM±150±AD Lockheed Model 1329±23 and 1329±25, (Lockheed Jetstar) Series Airplanes ...... 99±NM±151±AD de Havilland Model DHC±7/DHC±8 Series Airplanes ...... 99±NM±152±AD Fokker Model F27 Mark, 100/200/300/400/500/600/700/050 Series Airplanes ...... 99±NM±153±AD Short Brothers Model SD3±30/SD3±60/SD3±SHERPA Series Airplanes ...... 99±NM±154±AD

Explanation of the Provisions of the proposal would not have sufficient § 39.13 [Amended] Proposed AD federalism implications to warrant the 2. Section 39.13 is amended by Since an unsafe condition has been preparation of a Federalism Assessment. adding a new airworthiness directive identified that is likely to exist or For the reasons discussed above, I (AD) to read as follows: develop in other Cessna Models 425 and certify that this action (1) is not a The Cessna Aircraft Company: Docket No. 441 airplanes of the same type design ‘‘significant regulatory action’’ under 99–CE–53–AD. registered in the United States, the FAA Executive Order 12866; (2) is not a Applicability: Models 425 and 441 is proposing AD action. The proposed ‘‘significant rule’’ under DOT airplanes, all serial numbers equipped with AD would require revising the pneumatic deicing boots, certificated in any Regulatory Policies and Procedures (44 category. Limitations Section of the AFM to FR 11034, February 26, 1979); and (3) if include requirements for activation of Note 1: This AD applies to each airplane promulgated, will not have a significant pneumatic deicing boots at the first identified in the preceding applicability economic impact, positive or negative, indication of ice accumulation on the provision, regardless of whether it has been modified, altered, or repaired in the area airplane. on a substantial number of small entities under the criteria of the Regulatory subject to the requirements of this AD. For Cost Impact Flexibility Act. A copy of the draft airplanes that have been modified, altered, or repaired so that the performance of the The FAA estimates that 416 airplanes regulatory evaluation prepared for this requirements of this AD is affected, the in the U.S. registry would be affected by action has been placed in the Rules owner/operator must request approval for an the proposed AD, that it would take Docket. A copy of it may be obtained by alternative method of compliance in approximately 1 workhour per airplane contacting the Rules Docket at the accordance with paragraph (d) of this AD. to accomplish the proposed AFM location provided under the caption The request should include an assessment of revisions. Accomplishing the proposed the effect of the modification, alteration, or ADDRESSES. repair on the unsafe condition addressed by AFM revision requirements of this List of Subjects in 14 CFR Part 39 this AD; and, if the unsafe condition has not NPRM may be performed by the owner/ been eliminated, the request should include operator holding at least a private pilot Air transportation, Aircraft, Aviation specific proposed actions to address it. certificate as authorized by section 43.7 safety, Safety. Compliance: Required as indicated in the of the Federal Aviation Regulations (14 body of this AD, unless already CFR 43.7), and must be entered into the The Proposed Amendment accomplished. aircraft records showing compliance To assure that flightcrews activate the wing with the proposed AD in accordance Accordingly, pursuant to the and tail pneumatic deicing boots at the first with section 43.9 of the Federal authority delegated to me by the signs of ice accumulation on the airplane, Administrator, the Federal Aviation accomplish the following: Aviation Regulations (14 CFR 43.9). The (a) Within 10 days after the effective date only cost impact of the proposed AD is Administration proposes to amend part of this AD: Revise the Limitations Section of the time it would take each owner/ 39 of the Federal Aviation Regulations the FAA-approved Airplane Flight Manual operator of the affected airplanes to (14 CFR part 39) as follows: (AFM) to include the following requirements insert the information into the AFM. for activation of the ice protection systems. PART 39ÐAIRWORTHINESS This may be accomplished by inserting a Regulatory Impact DIRECTIVES copy of this AD in the AFM. The regulations proposed herein ‘‘• Except for certain phases of flight would not have substantial direct effects 1. The authority citation for part 39 where the AFM specifies that deicing boots on the States, on the relationship continues to read as follows: should not be used (e.g., take-off, final approach, and landing), compliance with the between the national government and Authority: 49 U.S.C. 106(g), 40113, 44701. following is required. the States, or on the distribution of • Wing and Tail Leading Edge Pneumatic power and responsibilities among the Deicing Boot System, if installed, must be various levels of government. Therefore, activated: in accordance with Executive Order —At the first sign of ice formation 12612, it is determined that this anywhere on the aircraft, or upon

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annunciation from an ice detector SUMMARY: This document proposes to concerned with the substance of this system, whichever occurs first; and adopt a new airworthiness directive proposal will be filed in the Rules —The system must either be continued to (AD) that would apply to all Raytheon Docket. be operated in the automatic cycling Aircraft Company (Raytheon) 90, 99, Commenters wishing the FAA to mode, if available; or the system must be acknowledge receipt of their comments manually cycled as needed to minimize 100, 200, 300, 1900, and 2000 series the ice accretions on the airframe. airplanes. The proposed AD would submitted in response to this notice must submit a self-addressed, stamped • The wing and tail leading edge require revising the Airplane Flight pneumatic deicing boot system may be Manual (AFM) to include requirements postcard on which the following deactivated only after leaving icing for activation of the airframe pneumatic statement is made: ‘‘Comments to conditions and after the airplane is deicing boots. The proposed AD is the Docket No. 99–CE–46–AD.’’ The determined to be clear of ice.’’ result of reports of in-flight incidents postcard will be date stamped and (b) Incorporating the AFM revisions, as and an accident that occurred in icing returned to the commenter. required by this AD, may be performed by conditions where the airframe Availability of NPRMs the owner/operator holding at least a private pneumatic deicing boots were not pilot certificate as authorized by section 43.7 activated. The actions specified by the Any person may obtain a copy of this of the Federal Aviation Regulations (14 CFR NPRM by submitting a request to the 43.7), and must be entered into the aircraft proposed AD are intended to assure that flightcrews activate the pneumatic wing FAA, Central Region, Office of the records showing compliance with this AD in Regional Counsel, Attention: Rules accordance with section 43.9 of the Federal and tail deicing boots at the first signs Aviation Regulations (14 CFR 43.9). of ice accumulation. This action will Docket No. 99–CE–46–AD, Room 1558, (c) Special flight permits may be issued in prevent reduced controllability of the 601 E. 12th Street, Kansas City, Missouri accordance with sections 21.197 and 21.199 aircraft due to adverse aerodynamic 64106. of the Federal Aviation Regulations (14 CFR effects of ice adhering to the airplane Discussion 21.197 and 21.199) to operate the airplane to prior to the first deicing cycle. a location where the requirements of this AD On January 9, 1997, an Empresa can be accomplished. DATES: Comments must be received on Brazileira de Aeronautica, S.A. (d) An alternative method of compliance or or before December 1, 1999. (EMBRAER) Model EMB–120RT series adjustment of the compliance time that ADDRESSES: Submit comments in airplane was involved in an provides an equivalent level of safety may be triplicate to the Federal Aviation uncommanded roll excursion and approved by the Manager, Small Airplane Administration (FAA), Central Region, consequent rapid descent that resulted Directorate, 1201 Walnut, suite 900, Kansas Office of the Regional Counsel, City, Missouri 64106. The request shall be in an accident near Monroe, Michigan. Attention: Rules Docket No. 99–CE–46– The post-accident investigation forwarded through an appropriate FAA AD, Room 1558, 601 E. 12th Street, Maintenance Inspector, who may add conducted by the National comments and then send it to the Manager, Kansas City, Missouri 64106. Comments Transportation Safety Board (NTSB) Small Airplane Directorate. may be inspected at this location concluded that the airplane had Note 2: Information concerning the between 8 a.m. and 4 p.m., Monday accumulated a thin, rough layer of ice existence of approved alternative methods of through Friday, holidays excepted. on its lifting surfaces. That compliance with this AD, if any, may be FOR FURTHER INFORMATION CONTACT: Mr. accumulation of ice, in combination obtained from the Small Airplane John P. Dow, Sr., Aerospace Engineer, with the slowing of the airplane to an Directorate. FAA, Small Airplane Directorate, 1201 airspeed inappropriate for the icing (e) Information related to this AD may be Walnut, suite 900, Kansas City, Missouri conditions in which the airplane was examined at the FAA, Central Region, Office 64106; telephone: (816) 426–6932; flying, resulted in loss of control that of the Regional Counsel, Room 1558, 601 E. facsimile: (816) 426–2169. was not corrected before the airplane 12th Street, Kansas City, Missouri 64106. SUPPLEMENTARY INFORMATION: impacted the ground. The NTSB also Issued in Kansas City, Missouri, on concluded that the flight crew did not October 4, 1999. Comments Invited activate the wing and tail pneumatic Michael Gallagher, Interested persons are invited to deicing boots. An NTSB Manager, Small Airplane Directorate, Aircraft participate in the making of the recommendation related to this accident Certification Service. proposed rule by submitting such requested that the FAA mandate that [FR Doc. 99–26578 Filed 10–8–99; 8:45 am] written data, views, or arguments as pneumatic deicing boots be turned on as BILLING CODE 4910±13±P they may desire. Communications soon as the airplane enters icing should identify the Rules Docket conditions. number and be submitted in triplicate to The FAA has reviewed the icing- DEPARTMENT OF TRANSPORTATION the address specified above. All related incident history of certain communications received on or before airplanes, and has determined that icing Federal Aviation Administration the closing date for comments, specified incidents may have occurred because 14 CFR Part 39 above, will be considered before taking pneumatic deicing boots were not action on the proposed rule. The activated at the first evidence of ice [Docket No. 99±CE±46±AD] proposals contained in this notice may accretion. As a result, the handling be changed in light of the comments qualities or the controllability of the RIN 2120±AA64 received. airplane may have been reduced due to Comments are specifically invited on Airworthiness Directives; Raytheon the accumulated ice. That factor was the overall regulatory, economic, present in the accident discussed Aircraft Company 90, 99, 100, 200, 300, environmental, and energy aspects of 1900, and 2000 Series Airplanes previously and, as such, constitutes an the proposed rule. All comments unsafe condition. submitted will be available, both before AGENCY: Federal Aviation Request for Information Administration, DOT. and after the closing date for comments, in the Rules Docket for examination by On October 1, 1998, the FAA sent ACTION: Notice of proposed rulemaking interested persons. A report that letters to certain manufacturers of (NPRM). summarizes each FAA-public contact airplanes certified in accordance with

VerDate 06-OCT-99 16:37 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm07 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55189 part 25 of the Federal Aviation Ice Bridging comprise a substantial percentage of the Regulations (14 CFR part 25). The letters In the past, concern about ‘‘ice turbopropeller transport fleet, reported requested certain icing system design bridging’’ on early pneumatic deicing that, because of these concerns they information and operational procedures boot designs resulted in the common recommend activating the automatic applicable to their airplanes concerning practice of delaying activation of ice airframe deicing system at first onset of flight during icing conditions. The protection. Ice bridging of pneumatic airframe icing. Those manufacturers letters also requested that manufacturers deicing boots occurred when a thin have received no reports of deicing boot provide data showing that the aircraft layer of ice is sufficiently plastic to ice bridging events for these airplanes. The FAA considers that ice has safe operating characteristics with deform to the shape of the inflated accumulation on protected surfaces due ice accreted on the protected surfaces deicing boot tube without being to delayed boot activation constitutes a (boots). The manufacturers were asked fractured and shed during the ensuing potential safety concern. However, the to provide data using the following tube deflation. As the deformed ice FAA recognizes that not all airplanes assumptions: The most adverse ice hardens and accretes additional ice, the may be equipped with ‘‘modern’’ accumulation possible during operation deicing boot becomes ineffective in in the icing envelope specified in part deicing boots (as that term is used in shedding the ‘‘sheath’’ of ice. However, this NPRM). The FAA specifically 25, Appendix C of the Federal Aviation ice accumulation resulting from delayed Regulations (14 CFR part 25), and that invites the submission of comments and activation may pose an unsafe condition other data regarding the effects of this recommended procedures for deicing due to the resultant adverse boot operation were used. Additionally, proposed AD on airplanes equipped aerodynamic effects on the airplane’s with older pneumatic deicing boots, the manufacturers were asked to performance or handling qualities. including arguments for the retention of provide information related to operation In November 1997, the FAA and the existing activation delays for these of the autopilot during icing conditions, National Aeronautics and Space older-style deicing boots. and for information related to Administration (NASA) co-sponsored appropriate operating speeds for icing an international workshop on aircraft Residual Ice operations. deicing boot ice bridging. The objective During the February conference, the No information received, as a result of of the workshop was to provide an open attendees agreed that the airplane is at that request, has caused the FAA to forum for investigating the existence of risk while the airplane is accreting ice, reconsider the previous conclusion that deicing boot bridging and other and that the airplane must be an unsafe condition may exist. concerns related to activating ice adequately protected to ensure that no protection systems at the initial adverse handling and performance Public Meeting detection of inflight icing. Sixty-seven characteristics develop. An additional representatives from airframe and concern discussed at the conference was Subsequent to the collection of those deicing boot manufacturers, various the possibility that early activation of design and operational data, the FAA airlines, the pilot community, NASA, the ice protection system might degrade held an international conference on the National Transportation Safety the ice shedding effectiveness of the ‘‘Inflight Operations in Icing Board, non-US civil aviation authorities, deicing boots, resulting in increased Conditions’’, in Washington, DC, on and the FAA participated. At the residual ice, i.e., there would be more February 2–4, 1999. The purpose of the workshop no evidence was presented to ice fragments remaining on the deicing conference was to discuss the status of substantiate that aircraft with modern boots than would exist if a more the FAA Icing Plan and other related deicing boot designs experience ice substantial quantity of ice was allowed efforts. Additionally, the conference bridging. The general consensus of the to form before the first ice shedding provided a forum for representatives of workshop participants was that ice cycle. However, the FAA does not industry to express their viewpoints on bridging is not a problem for modern concur. No data has been provided that current information related to activation pneumatic deicing boot designs due to shows that the presence of residual ice of deicing boots, minimum airspeeds, the use of higher air supply pressures, following an earlier activation of the autopilot operation in icing conditions, faster boot inflation and deflation deicing boots is more hazardous than flightcrew information needs, and cycles, and smaller boot chambers. Icing delaying cycling of the boots until the flightcrew training. Certain information wind tunnel and flight testing of these ice accretes to a larger, specific presented at that meeting is discussed in newer design features with automatic thickness. In fact, testing in icing this proposed rule in the following cycling have demonstrated successful conditions has shown that residual ice section. shedding of ice when activated at the remaining on the boots after the initial Delayed Activation of Pneumatic onset of ice accretion, with ice not shed boot cycle is removed during Deicing Boots on the initial deicing boot cycle subsequent cycles. continuing to increase in thickness and As reported during the November In accordance with manufacturer being shed during subsequent cycles. 1997 international workshop, instructions and FAA-approved airplane During the previously discussed manufacturers of a substantial flight manual (AFM) procedures, the November 1997 international workshop, percentage of the turbopropeller flightcrews of most airplanes equipped the inability of flightcrews to accurately transport fleet have reported satisfactory with pneumatic deicing boots delay the gauge wing and control surfaces ice in-flight icing operations of their initial activation of the boots until a accretion thickness before activating the products with recommended procedures certain quantity of ice has accumulated deicing boots was recognized. Also, to activate operation of the deicing boots on the protected surfaces (boots). Some increased airplane drag resulting from in the automatic mode at the onset of crews routinely wait for 1⁄4 to 1⁄2 inch of ice accretion was recognized as a airframe icing. ice to accumulate, and at least one potential contributing cause of Therefore, the FAA considers that the airplane type is routinely flown with up inadvertent airspeed loss that activation of pneumatic wing and tail to 11⁄2 inches of ice on the protected characterized most in-flight icing related deicing boots at the first signs of ice surfaces before the initial activation of accidents and incidents. Two airframe accumulation is warranted. The FAA the deicing boots. manufacturers, whose products specifically invites the submission of

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 55190 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules data to substantiate that operating the phases of flight (e.g., during take-off, precedent has been set that permits deicing boots at the first sign of ice final approach, and landing). waiting to activate the deicing accretions is more hazardous than The FAA specifically invites the equipment. In light of this information delaying boot activation until a specific submission of comments and other data and based on reports received, the FAA thickness of ice has accumulated. regarding adverse effects that may occur considers that certain procedures during specific phases of flight, should be included in the Limitations Other Considerations including takeoff, final approach, or Section of the AFM for all Raytheon 90, landing. Any recommended speed 99, 100, 200, 300, 1900, and 2000 series The FAA recognizes that there may be restrictions or other operational some phases of flight during which use airplanes to require immediate procedures that would be necessary in activation of the ice protection systems of the deicing boots may be order to mitigate any adverse inappropriate. For example, a deicing when any ice accumulation is detected aerodynamic effects of deicing boot on the airplane. boot inflation cycle that begins inflation during critical phases of flight immediately before or during the should be fully explained and This proposed action is one of a landing flare or the takeoff rotation may documented. number of proposed AD’s being issued cause unexpected loss of lift or other on airplanes that have been determined The FAA’s Determination adverse aerodynamic events. This to be subject to the same identified proposed AD explicitly does not The FAA is aware that, based on unsafe conditions. Currently proposed supersede procedures in the AFM that previous procedures provided to AD’s for other airplanes that are prohibit using deicing boots for certain flightcrews of many airplanes equipped equipped with pneumatic deicing boots with deicing boots, a historical address the following airplanes:

Airplane models Docket No.

Industrie Aeronautiche e Meccaniche, Model Piaggio P±180 Airplanes ...... 99±CE±34±AD Pilatus Britten-Norman Ltd., BN±2T Series Airplanes ...... 99±CE±35±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 Airplanes ...... 99±CE±36±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models AP68TP 300 ``Spartacus'' and AP68TP 600 ``Viator'' Airplanes ...... 99±CE±37±AD Mitsubishi Heavy Industries, Ltd., MU±2B Series Airplanes ...... 99±CE±38±AD LET, a.s., Model L±420 Airplanes ...... 99±CE±39±AD British Aerospace, Jetstream Models 3101 and 3201 Airplanes ...... 99±CE±40±AD Harbin Aircraft Manufacturing Corp., Model Y12 IV airplanes ...... 99±CE±41±AD Empresa Brasileira de Aeronautica S.A. (Embraer) Models EMB±110P1 and EMB±110P2 Airplanes ...... 99±CE±42±AD Dornier Luftfahrt GmbH, 228 Series Airplanes ...... 99±CE±43±AD Bombardier Inc., DHC±6 Series Airplanes ...... 99±CE±44±AD The Cessna Aircraft Company, 208 Series Airplanes ...... 99±CE±45±AD AeroSpace Technologies Of Australia Pty Ltd., Models N22B and N24A ...... 99±CE±47±AD Short Brothers & Harland Ltd., Models SC±7 Series 2 and SC±7 Series 3 Airplanes ...... 99±CE±48±AD The New Piper Aircraft, Inc., PA±31 Series Airplanes ...... 99±CE±49±AD SOCATAÐGroupe AEROSPATIALE, Model TBM 700 Airplanes ...... 99±CE±50±AD Twin Commander Aircraft Corporation, 600 Series Airplanes ...... 99±CE±51±AD Fairchild Aircraft Corporation, SA226 and SA227 Series Airplanes ...... 99±CE±52±AD The Cessna Aircraft Company, Models 425 and 441 Airplanes ...... 99±CE±53±AD Cessna Aircraft Company, Models 500, 550, and 560 Airplanes ...... 99±NM±136±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 99±NM±137±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 99±NM±138±AD McDonnell Douglas Models DC±3 and DC±4 Series Airplanes ...... 99±NM±139±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 99±NM±140±AD Frakes Aviation, Model, G±73 (Mallard) and G±73T Series Airplanes ...... 99±NM±141±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 99±NM±142±AD Fairchild Models F27 and FH227 Series Airplanes ...... 99±NM±143±AD Aerospatiale Models ATR±42/ATR±72 Series Airplanes ...... 99±NM±144±AD Jetstream Model BAe ATP Airplanes ...... 99±NM±145±AD Jetstream Model 4101 Airplanes ...... 99±NM±146±AD British Aerospace Model HS 748 Series Airplanes ...... 99±NM±147±AD Saab Model SF340A/SAAB 340B/SAAB 2000 Series Airplanes ...... 99±NM±148±AD CASA Model C±212/CN±235 Series Airplanes ...... 99±NM±149±AD Dornier Model 328±100 Series Airplanes ...... 99±NM±150±AD Lockheed Model 1329±23 and 1329±25 (Lockheed Jetstar) Series Airplanes ...... 99±NM±151±AD de Havilland Model DHC±7/DHC±8 Series Airplanes ...... 99±NM±152±AD Fokker Model F27 Mark 100/200/300/400/500/600/700/050 Series Airplanes ...... 99±NM±153±AD Short Brothers Model SD3±30/SD3±60/SD3±SHERPA Series Airplanes ...... 99±NM±154±AD

Explanation of the Provisions of the is proposing AD action. The proposed Cost Impact Proposed AD AD would require revising the The FAA estimates that 2732 Since an unsafe condition has been Limitations Section of the AFM to airplanes in the U.S. registry would be identified that is likely to exist or include requirements for activation of affected by the proposed AD, that it develop in other Raytheon 90, 99, 100, pneumatic deicing boots at the first would take approximately 1 workhour 200, 300, 1900, and 2000 series indication of ice accumulation on the per airplane to accomplish the proposed airplanes of the same type design airplane. AFM revisions. Accomplishing the registered in the United States, the FAA proposed AFM revision requirements of

VerDate 06-OCT-99 16:37 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm07 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55191 this NPRM may be performed by the § 39.13 [Amended] deactivated only after leaving icing owner/operator holding at least a 2. Section 39.13 is amended by conditions and after the airplane is private pilot certificate as authorized by adding a new airworthiness directive determined to be clear of ice.’’ section 43.7 of the Federal Aviation (AD) to read as follows: (b) Incorporating the AFM revisions, as required by this AD, may be performed by Regulations (14 CFR 43.7), and must be Raytheon Aircraft Company (Type the owner/operator holding at least a private entered into the aircraft records showing Certificates formerly held by the Beech pilot certificate as authorized by section 43.7 compliance with the proposed AD in Aircraft Corporation): Docket No. 99– of the Federal Aviation Regulations (14 CFR accordance with section 43.9 of the CE–46–AD. 43.7), and must be entered into the aircraft Federal Aviation Regulations (14 CFR Applicability: The following model records showing compliance with this AD in 43.9). The only cost impact of the airplanes, all serial numbers equipped with accordance with section 43.9 of the Federal pneumatic deicing boots, certificated in any Aviation Regulations (14 CFR 43.9). proposed AD is the time it would take category. (c) Special flight permits may be issued in each owner/operator of the affected accordance with sections 21.197 and 21.199 airplanes to insert the information into Models of the Federal Aviation Regulations (14 CFR the AFM. B90, C90, C90A, E90, F90, H90 (T–44A), 99, 21.197 and 21.199) to operate the airplane to 99A, 99A (FACH), A99, A99A, B99, C99, 100, a location where the requirements of this AD Regulatory Impact A100 (U–21F), A100A, A100C, B100, 200 can be accomplished. (A100–1 (U–21J)), 200C, 200CT, 200T, A200 (d) An alternative method of compliance or The regulations proposed herein (C–12A) or (C–12C), A200C (UC–12B), adjustment of the compliance time that would not have substantial direct effects A200CT (C–12D) or (FWC–12D) or (RC–12D) provides an equivalent level of safety may be on the States, on the relationship or (C–12F) or (RC–12G) or (RC–12H) or (RC– approved by the Manager, Small Airplane 12K) or (RC–12P), B200, B200C (C–12F) or between the national government and Directorate, 1201 Walnut, suite 900, Kansas (UC–12F) or (UC–12M) or (C–12R), B200CT, City, Missouri 64106. The request shall be the States, or on the distribution of B200T, 300, B300, 300LW, B300C, 1900, forwarded through an appropriate FAA power and responsibilities among the 1900C (C–12J), 1900D, and 2000 Maintenance Inspector, who may add various levels of government. Therefore, Note 1: This AD applies to each airplane comments and then send it to the Manager, in accordance with Executive Order identified in the preceding applicability Small Airplane Directorate. 12612, it is determined that this provision, regardless of whether it has been Note 2: Information concerning the proposal would not have sufficient modified, altered, or repaired in the area existence of approved alternative methods of subject to the requirements of this AD. For federalism implications to warrant the compliance with this AD, if any, may be airplanes that have been modified, altered, or obtained from the Small Airplane preparation of a Federalism Assessment. repaired so that the performance of the Directorate. requirements of this AD is affected, the For the reasons discussed above, I (e) Information related to this AD may be owner/operator must request approval for an certify that this action (1) is not a examined at the FAA, Central Region, Office alternative method of compliance in of the Regional Counsel, Room 1558, 601 E. ‘‘significant regulatory action’’ under accordance with paragraph (d) of this AD. 12th Street, Kansas City, Missouri 64106. Executive Order 12866; (2) is not a The request should include an assessment of ‘‘significant rule’’ under DOT the effect of the modification, alteration, or Issued in Kansas City, Missouri, on Regulatory Policies and Procedures (44 repair on the unsafe condition addressed by October 4, 1999. FR 11034, February 26, 1979); and (3) if this AD; and, if the unsafe condition has not Michael Gallagher, been eliminated, the request should include Manager, Small Airplane Directorate, promulgated, will not have a significant specific proposed actions to address it. Aircraft Certification Service. economic impact, positive or negative, Compliance: Required as indicated in the [FR Doc. 99–26577 Filed 10–8–99; 8:45 am] on a substantial number of small entities body of this AD, unless already under the criteria of the Regulatory accomplished. BILLING CODE 4910±13±P Flexibility Act. A copy of the draft To assure that flightcrews activate the wing regulatory evaluation prepared for this and tail pneumatic deicing boots at the first action has been placed in the Rules signs of ice accumulation on the airplane, DEPARTMENT OF TRANSPORTATION Docket. A copy of it may be obtained by accomplish the following: (a) Within 10 days after the effective date Federal Aviation Administration contacting the Rules Docket at the of this AD: Revise the Limitations Section of location provided under the caption the FAA-approved Airplane Flight Manual 14 CFR Part 39 ADDRESSES. (AFM) to include the following requirements [Docket No. 99±CE±51±AD] for activation of the ice protection systems. List of Subjects in 14 CFR Part 39 This may be accomplished by inserting a RIN 2120±AA64 copy of this AD in the AFM. Air transportation, Aircraft, Aviation ‘‘• Except for certain phases of flight Airworthiness Directives; Twin safety, Safety. where the AFM specifies that deicing boots Commander Aircraft Corporation 600 should not be used (e.g., take-off, final Series Airplanes The Proposed Amendment approach, and landing), compliance with the Accordingly, pursuant to the following is required. AGENCY: Federal Aviation • Wing and Tail Leading Edge Pneumatic Administration, DOT. authority delegated to me by the Deicing Boot System, if installed, must be ACTION: Notice of proposed rulemaking Administrator, the Federal Aviation activated: (NPRM). Administration proposes to amend part —At the first sign of ice formation 39 of the Federal Aviation Regulations anywhere on the aircraft, or upon SUMMARY: This document proposes to (14 CFR part 39) as follows: annunciation from an ice detector adopt a new airworthiness directive system, whichever occurs first; and (AD) that would apply to all Twin —The system must either be continued to PART 39ÐAIRWORTHINESS Commander Aircraft Corporation (Twin DIRECTIVES be operated in the automatic cycling mode, if available; or the system must be Commander) 600 series airplanes. The proposed AD would require revising the 1. The authority citation for part 39 manually cycled as needed to minimize the ice accretions on the airframe. Airplane Flight Manual (AFM) to continues to read as follows: • The wing and tail leading edge include requirements for activation of Authority: 49 U.S.C. 106(g), 40113, 44701. pneumatic deicing boot system may be the airframe pneumatic deicing boots.

VerDate 06-OCT-99 16:37 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm07 PsN: 12OCP1 55192 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules

The proposed AD is the result of reports Docket No. 99–CE–51–AD.’’ The ice accreted on the protected surfaces of in-flight incidents and an accident postcard will be date stamped and (boots). The manufacturers were asked that occurred in icing conditions where returned to the commenter. to provide data using the following the airframe pneumatic deicing boots assumptions: The most adverse ice Availability of NPRMs were not activated. The actions accumulation possible during operation specified by the proposed AD are Any person may obtain a copy of this in the icing envelope specified in part intended to assure that flightcrews NPRM by submitting a request to the 25, Appendix C of the Federal Aviation activate the pneumatic wing and tail FAA, Central Region, Office of the Regulations (14 CFR part 25), and that deicing boots at the first signs of ice Regional Counsel, Attention: Rules recommended procedures for deicing accumulation. This action will prevent Docket No. 99–CE–51–AD, Room 1558, boot operation were used. Additionally, reduced controllability of the aircraft 601 E. 12th Street, Kansas City, Missouri the manufacturers were asked to due to adverse aerodynamic effects of 64106. provide information related to operation ice adhering to the airplane prior to the Discussion of the autopilot during icing conditions, first deicing cycle. and for information related to On January 9, 1997, an Empresa appropriate operating speeds for icing DATES: Comments must be received on Brazileira de Aeronautica, S.A. or before December 1, 1999. operations. (EMBRAER) Model EMB–120RT series No information received, as a result of ADDRESSES: Submit comments in airplane was involved in an that request, has caused the FAA to triplicate to the Federal Aviation uncommanded roll excursion and reconsider the previous conclusion that Administration (FAA), Central Region, consequent rapid descent that resulted an unsafe condition may exist. Office of the Regional Counsel, in an accident near Monroe, Michigan. Attention: Rules Docket No. 99–CE–51– The post-accident investigation Public Meeting AD, Room 1558, 601 E. 12th Street, conducted by the National Subsequent to the collection of those Kansas City, Missouri 64106. Comments Transportation Safety Board (NTSB) design and operational data, the FAA may be inspected at this location concluded that the airplane had held an international conference on between 8 a.m. and 4 p.m., Monday accumulated a thin, rough layer of ice ‘‘Inflight Operations in Icing through Friday, holidays excepted. on its lifting surfaces. That Conditions’’, in Washington, DC, on FOR FURTHER INFORMATION CONTACT: Mr. accumulation of ice, in combination February 2–4, 1999. The purpose of the John P. Dow, Sr., Aerospace Engineer, with the slowing of the airplane to an conference was to discuss the status of FAA, Small Airplane Directorate, 1201 airspeed inappropriate for the icing the FAA Icing Plan and other related Walnut, suite 900, Kansas City, Missouri conditions in which the airplane was efforts. Additionally, the conference 64106; telephone: (816) 426–6932; flying, resulted in loss of control that provided a forum for representatives of facsimile: (816) 426–2169. was not corrected before the airplane industry to express their viewpoints on SUPPLEMENTARY INFORMATION: impacted the ground. The NTSB also current information related to activation concluded that the flight crew did not Comments Invited of deicing boots, minimum airspeeds, activate the wing and tail pneumatic autopilot operation in icing conditions, Interested persons are invited to deicing boots. An NTSB flightcrew information needs, and participate in the making of the recommendation related to this accident flightcrew training. Certain information proposed rule by submitting such requested that the FAA mandate that presented at that meeting is discussed in written data, views, or arguments as pneumatic deicing boots be turned on as this proposed rule in the following they may desire. Communications soon as the airplane enters icing section. should identify the Rules Docket conditions. number and be submitted in triplicate to The FAA has reviewed the icing- Delayed Activation of Pneumatic the address specified above. All related incident history of certain Deicing Boots communications received on or before airplanes, and has determined that icing In accordance with manufacturer the closing date for comments, specified incidents may have occurred because instructions and FAA-approved airplane above, will be considered before taking pneumatic deicing boots were not flight manual (AFM) procedures, the action on the proposed rule. The activated at the first evidence of ice flightcrews of most airplanes equipped proposals contained in this notice may accretion. As a result, the handling with pneumatic deicing boots delay the be changed in light of the comments qualities or the controllability of the initial activation of the boots until a received. airplane may have been reduced due to certain quantity of ice has accumulated Comments are specifically invited on the accumulated ice. That factor was on the protected surfaces (boots). Some the overall regulatory, economic, present in the accident discussed crews routinely wait for 1⁄4 to 1⁄2 inch of environmental, and energy aspects of previously and, as such, constitutes an ice to accumulate, and at least one the proposed rule. All comments unsafe condition. airplane type is routinely flown with up submitted will be available, both before to 11⁄2 inches of ice on the protected Request for Information and after the closing date for comments, surfaces before the initial activation of in the Rules Docket for examination by On October 1, 1998, the FAA sent the deicing boots. interested persons. A report that letters to certain manufacturers of summarizes each FAA-public contact airplanes certified in accordance with Ice Bridging concerned with the substance of this part 25 of the Federal Aviation In the past, concern about ‘‘ice proposal will be filed in the Rules Regulations (14 CFR part 25). The letters bridging’’ on early pneumatic deicing Docket. requested certain icing system design boot designs resulted in the common Commenters wishing the FAA to information and operational procedures practice of delaying activation of ice acknowledge receipt of their comments applicable to their airplanes concerning protection. Ice bridging of pneumatic submitted in response to this notice flight during icing conditions. The deicing boots occurred when a thin must submit a self-addressed, stamped letters also requested that manufacturers layer of ice is sufficiently plastic to postcard on which the following provide data showing that the aircraft deform to the shape of the inflated statement is made: ‘‘Comments to has safe operating characteristics with deicing boot tube without being

VerDate 06-OCT-99 16:37 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm07 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55193 fractured and shed during the ensuing airframe deicing system at first onset of accumulation is warranted. The FAA tube deflation. As the deformed ice airframe icing. Those manufacturers specifically invites the submission of hardens and accretes additional ice, the have received no reports of deicing boot data to substantiate that operating the deicing boot becomes ineffective in ice bridging events for these airplanes. deicing boots at the first sign of ice shedding the ‘‘sheath’’ of ice. However, The FAA considers that ice accretions is more hazardous than ice accumulation resulting from delayed accumulation on protected surfaces due delaying boot activation until a specific activation may pose an unsafe condition to delayed boot activation constitutes a thickness of ice has accumulated. due to the resultant adverse potential safety concern. However, the Other Considerations aerodynamic effects on the airplane’s FAA recognizes that not all airplanes performance or handling qualities. may be equipped with ‘‘modern’’ The FAA recognizes that there may be In November 1997, the FAA and the deicing boots (as that term is used in some phases of flight during which use National Aeronautics and Space this NPRM). The FAA specifically of the deicing boots may be Administration (NASA) co-sponsored invites the submission of comments and inappropriate. For example, a deicing an international workshop on aircraft other data regarding the effects of this boot inflation cycle that begins deicing boot ice bridging. The objective proposed AD on airplanes equipped immediately before or during the of the workshop was to provide an open with older pneumatic deicing boots, landing flare or the takeoff rotation may forum for investigating the existence of including arguments for the retention of cause unexpected loss of lift or other deicing boot bridging and other existing activation delays for these adverse aerodynamic events. This concerns related to activating ice older-style deicing boots. proposed AD explicitly does not protection systems at the initial Residual Ice supersede procedures in the AFM that prohibit using deicing boots for certain detection of inflight icing. Sixty-seven During the February conference, the phases of flight (e.g., during take-off, representatives from airframe and attendees agreed that the airplane is at final approach, and landing). deicing boot manufacturers, various risk while the airplane is accreting ice, airlines, the pilot community, NASA, and that the airplane must be The FAA specifically invites the the National Transportation Safety adequately protected to ensure that no submission of comments and other data Board, non-US civil aviation authorities, adverse handling and performance regarding adverse effects that may occur and the FAA participated. At the characteristics develop. An additional during specific phases of flight, workshop no evidence was presented to concern discussed at the conference was including takeoff, final approach, or substantiate that aircraft with modern the possibility that early activation of landing. Any recommended speed deicing boot designs experience ice the ice protection system might degrade restrictions or other operational bridging. The general consensus of the the ice shedding effectiveness of the procedures that would be necessary in workshop participants was that ice deicing boots, resulting in increased order to mitigate any adverse bridging is not a problem for modern residual ice, i.e., there would be more aerodynamic effects of deicing boot pneumatic deicing boot designs due to ice fragments remaining on the deicing inflation during critical phases of flight the use of higher air supply pressures, boots than would exist if a more should be fully explained and faster boot inflation and deflation substantial quantity of ice was allowed documented. cycles, and smaller boot chambers. Icing to form before the first ice shedding The FAA’s Determination wind tunnel and flight testing of these cycle. However, the FAA does not newer design features with automatic concur. No data has been provided that The FAA is aware that, based on cycling have demonstrated successful shows that the presence of residual ice previous procedures provided to shedding of ice when activated at the following an earlier activation of the flightcrews of many airplanes equipped onset of ice accretion, with ice not shed deicing boots is more hazardous than with deicing boots, a historical on the initial deicing boot cycle delaying cycling of the boots until the precedent has been set that permits continuing to increase in thickness and ice accretes to a larger, specific waiting to activate the deicing being shed during subsequent cycles. thickness. In fact, testing in icing equipment. In light of this information During the previously discussed conditions has shown that residual ice and based on reports received, the FAA November 1997 international workshop, remaining on the boots after the initial considers that certain procedures the inability of flightcrews to accurately boot cycle is removed during should be included in the Limitations gauge wing and control surfaces ice subsequent cycles. Section of the AFM for all Twin accretion thickness before activating the As reported during the November Commander 600 series airplanes to deicing boots was recognized. Also, 1997 international workshop, require immediate activation of the ice increased airplane drag resulting from manufacturers of a substantial protection systems when any ice ice accretion was recognized as a percentage of the turbopropeller accumulation is detected on the potential contributing cause of transport fleet have reported satisfactory airplane. inadvertent airspeed loss that in-flight icing operations of their This proposed action is one of a characterized most in-flight icing related products with recommended procedures number of proposed AD’s being issued accidents and incidents. Two airframe to activate operation of the deicing boots on airplanes that have been determined manufacturers, whose products in the automatic mode at the onset of to be subject to the same identified comprise a substantial percentage of the airframe icing. unsafe conditions. Currently proposed turbopropeller transport fleet, reported Therefore, the FAA considers that the AD’s for other airplanes that are that, because of these concerns they activation of pneumatic wing and tail equipped with pneumatic deicing boots recommend activating the automatic deicing boots at the first signs of ice address the following airplanes:

Airplane models Docket No.

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Airplane models Docket No.

Partenavia Costruzioni Aeronauticas, S.p.A., Models AP68TP 300 ``Spartacus'' and AP68TP 600 ``Viator'' Airplanes ...... 99±CE±37±AD Mitsubishi Heavy Industries, Ltd., MU±2B Series Airplanes ...... 99±CE±38±AD LET, a.s., Model L±420 Airplanes ...... 99±CE±39±AD British Aerospace, Jetstream Models 3101 and 3201 Airplanes ...... 99±CE±40±AD Harbin Aircraft Manufacturing Corp., Model Y12 IV airplanes ...... 99±CE±41±AD Empresa Brasileira de Aeronautica S.A. (Embraer), Models EMB±110P1 and EMB±110P2 Airplanes ...... 99±CE±42±AD Dornier Luftfahrt GmbH, 228 Series Airplanes ...... 99±CE±43±AD Bombardier Inc., DHC±6 Series Airplanes ...... 99±CE±44±AD The Cessna Aircraft Company, 208 Series Airplanes ...... 99±CE±45±AD Raytheon Aircraft Company, 90, 99, 100, 200, 300, 1900, and 2000 Series Airplanes ...... 99±CE±46±AD AeroSpace Technologies Of Australia Pty Ltd., Models N22B and N24A ...... 99±CE±47±AD Short Brothers & Harland Ltd., Models SC±7 Series 2 and SC±7 Series 3 Airplanes ...... 99±CE±48±AD The New Piper Aircraft, Inc., PA±31 Series Airplanes ...... 99±CE±49±AD SOCATAÐGroupe AEROSPATIALE, Model TBM 700 Airplanes ...... 99±CE±50±AD Fairchild Aircraft Corporation, SA226 and SA227 Series Airplanes ...... 99±CE±52±AD The Cessna Aircraft Company, Models 425 and 441 Airplanes ...... 99±CE±53±AD Cessna Aircraft Company, Models 500, 550, and 560 Airplanes ...... 99±NM±136±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 99±NM±137±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 99±NM±138±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 99±NM±139±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 99±NM±140±AD Frakes Aviation, Model, G±73 (Mallard) and G±73T Series Airplanes ...... 99±NM±141±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 99±NM±142±AD Fairchild Models F27 and FH227 Series Airplanes ...... 99±NM±143±AD Aerospatiale Models ATR±42/ATR±72 Series Airplanes ...... 99±NM±144±AD Jetstream Model BAe ATP Airplanes ...... 99±NM±145±AD Jetstream Model 4101 Airplanes ...... 99±NM±146±AD British Aerospace Model HS 748 Series Airplanes ...... 99±NM±147±AD Saab, Model SF340A/SAAB 340B/SAAB 2000 Series Airplanes ...... 99±NM±148±AD CASA, Model C±212/CN±235 Series Airplanes ...... 99±NM±149±AD Dornier, Model 328±100 Series Airplanes ...... 99±NM±150±AD Lockheed, Model 1329±23 and 1329±25 (Lockheed Jetstar) Series Airplanes ...... 99±NM±151±AD de Havilland, Model DHC±7/DHC±8 Series Airplanes ...... 99±NM±152±AD Fokker, Model F27 Mark 100/200/300/400/500/600/700/050 Series Airplanes ...... 99±NM±153±AD Short Brothers, Model SD3±30/SD3±60/SD3±SHERPA Series Airplanes ...... 99±NM±154±AD

Explanation of the Provisions of the the time it would take each owner/ location provided under the caption Proposed AD operator of the affected airplanes to ADDRESSES. insert the information into the AFM. Since an unsafe condition has been List of Subjects in 14 CFR Part 39 identified that is likely to exist or Regulatory Impact develop in other Twin Commander 600 Air transportation, Aircraft, Aviation series airplanes of the same type design The regulations proposed herein safety, Safety. registered in the United States, the FAA would not have substantial direct effects is proposing AD action. The proposed on the States, on the relationship The Proposed Amendment between the national government and AD would require revising the Accordingly, pursuant to the Limitations Section of the AFM to the States, or on the distribution of power and responsibilities among the authority delegated to me by the include requirements for activation of Administrator, the Federal Aviation pneumatic deicing boots at the first various levels of government. Therefore, in accordance with Executive Order Administration proposes to amend part indication of ice accumulation on the 39 of the Federal Aviation Regulations airplane. 12612, it is determined that this proposal would not have sufficient (14 CFR part 39) as follows: Cost Impact federalism implications to warrant the PART 39ÐAIRWORTHINESS The FAA estimates that 988 airplanes preparation of a Federalism Assessment. DIRECTIVES in the U.S. registry would be affected by For the reasons discussed above, I the proposed AD, that it would take certify that this action (1) is not a 1. The authority citation for part 39 approximately 1 workhour per airplane ‘‘significant regulatory action’’ under continues to read as follows: to accomplish the proposed AFM Executive Order 12866; (2) is not a revisions. Accomplishing the proposed ‘‘significant rule’’ under DOT Authority: 49 U.S.C. 106(g), 40113, 44701. AFM revision requirements of this Regulatory Policies and Procedures (44 § 39.13 [Amended] NPRM may be performed by the owner/ FR 11034, February 26, 1979); and (3) if operator holding at least a private pilot promulgated, will not have a significant 2. Section 39.13 is amended by certificate as authorized by section 43.7 economic impact, positive or negative, adding a new airworthiness directive of the Federal Aviation Regulations (14 on a substantial number of small entities (AD) to read as follows: CFR 43.7), and must be entered into the under the criteria of the Regulatory Twin Commander Aircraft Corporation: aircraft records showing compliance Flexibility Act. A copy of the draft Docket No. 99–CE–51–AD. with the proposed AD in accordance regulatory evaluation prepared for this Applicability: The following model with section 43.9 of the Federal action has been placed in the Rules airplanes, all serial numbers equipped with Aviation Regulations (14 CFR 43.9). The Docket. A copy of it may be obtained by pneumatic deicing boots, certificated in any only cost impact of the proposed AD is contacting the Rules Docket at the category.

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Models approved by the Manager, Small Airplane 39–9853 (61 FR 66892, December 19, 680, 680E, 680F, 680FL, 680FL(P), 680T, Directorate, 1201 Walnut, suite 900, Kansas 1996), applicable to Pratt & Whitney 680V, 680W, 681, 690, 685, 690A, 690B, City, Missouri 64106. The request shall be (PW) JT9D series turbofan engines, was 690C, 690D, 695, 695A, and 695B forwarded through an appropriate FAA published in the Federal Register on Maintenance Inspector, who may add Note 1: This AD applies to each airplane comments and then send it to the Manager, September 2, 1998 (63 FR 46712). The identified in the preceding applicability Small Airplane Directorate. proposed rule would have added provision, regardless of whether it has been additional affected turbine exhaust case modified, altered, or repaired in the area Note 2: Information concerning the existence of approved alternative methods of (TEC) assemblies that are eligible for subject to the requirements of this AD. For modification, and added an additional airplanes that have been modified, altered, or compliance with this AD, if any, may be repaired so that the performance of the obtained from the Small Airplane TEC modification compliance option. requirements of this AD is affected, the Directorate. That action was prompted by PW owner/operator must request approval for an (e) Information related to this AD may be issuing Service Bulletin (SB) No. 6157, alternative method of compliance in examined at the FAA, Central Region, Office Revision 2, dated January 28, 1998, that accordance with paragraph (d) of this AD. of the Regional Counsel, Room 1558, 601 E. lists by part number (P/N) additional The request should include an assessment of 12th Street, Kansas City, Missouri 64106. affected TEC assemblies that are eligible the effect of the modification, alteration, or Issued in Kansas City, Missouri, on for modification, and by PW providing repair on the unsafe condition addressed by October 4, 1999. an additional TEC modification this AD; and, if the unsafe condition has not Michael Gallagher, compliance option in issuing PW SB been eliminated, the request should include specific proposed actions to address it. Manager, Small Airplane Directorate, Aircraft No. 6320, dated February 5, 1998. The Certification Service. proposed actions were intended to Compliance: Required as indicated in the body of this AD, unless already [FR Doc. 99–26576 Filed 10–8–99; 8:45 am] prevent release of uncontained debris accomplished. BILLING CODE 4910±13±P from the TEC following an internal To assure that flightcrews activate the wing engine failure, which can result in and tail pneumatic deicing boots at the first damage to the aircraft. signs of ice accumulation on the airplane, DEPARTMENT OF TRANSPORTATION Since the issuance of that NPRM, the accomplish the following: FAA reevaluated the proposed (a) Within 10 days after the effective date Federal Aviation Administration supersedure of AD 96–25–10. The of this AD: Revise the Limitations Section of current AD is applicable to certain PW the FAA-approved Airplane Flight Manual 14 CFR Part 39 JT9D engines and mandates a (AFM) to include the following requirements [Docket No. 95±ANE±57] modification using specific TEC P/Ns for activation of the ice protection systems. listed in the SBs incorporated by This may be accomplished by inserting a copy of this AD in the AFM. Airworthiness Directives; Pratt & reference. More recent revisions of the • Except for certain phases of flight where Whitney JT9D Series Turbofan Engines SBs referenced in the current AD offer the AFM specifies that deicing boots should the possibility of using TEC assembly P/ AGENCY: Federal Aviation not be used (e.g., take-off, final approach, and Ns not included in the SBs incorporated landing), compliance with the following is Administration, DOT. into the current AD. The proposal required. ACTION: Proposed rule; withdrawal. sought to expand that list of TEC • Wing and Tail Leading Edge Pneumatic SUMMARY: This action withdraws a assembly P/Ns that would serve as Deicing Boot System, if installed, must be compliance with the requirements of the activated: notice of proposed rulemaking (NPRM) that proposed a new airworthiness current AD. The proposal, however, did —At the first sign of ice formation not preserve the original compliance anywhere on the aircraft, or upon directive (AD), applicable to Pratt & annunciation from an ice detector Whitney JT9D series turbofan engines. end date of the current AD. The FAA system, whichever occurs first; and That action would have superseded AD has determined, therefore, that rather than superseding the existing AD, the —The system must either be continued to 96–25–10 by adding additional affected additional TEC assembly P/Ns may be be operated in the automatic cycling turbine exhaust case (TEC) assemblies mode, if available; or the system must be considered approved alternate methods eligible for modification, and adding an manually cycled as needed to minimize of compliance (AMOC) using the AMOC additional TEC modification the ice accretions on the airframe. process specified in the current AD. compliance option. Since the issuance • The wing and tail leading edge This will preserve the current AD’s of the NPRM, the Federal Aviation pneumatic deicing boot system may be compliance end-date for the Administration (FAA) determined that deactivated only after leaving icing modification. conditions and after the airplane is any additional TEC assemblies could be Upon further consideration, the FAA determined to be clear of ice.’’ installed as a TEC modification has determined that superseding AD (b) Incorporating the AFM revisions, as compliance option through the alternate 96–25–10 is unnecessary. Accordingly required by this AD, may be performed by method of compliance (AMOC) the owner/operator holding at least a private the proposed rule is hereby withdrawn. procedure instead. Accordingly, the AD 96–25–10 in its original form, pilot certificate as authorized by section 43.7 proposed rule is withdrawn. of the Federal Aviation Regulations (14 CFR remains in effect. 43.7), and must be entered into the aircraft FOR FURTHER INFORMATION CONTACT: Tara Withdrawal of this notice of proposed records showing compliance with this AD in Goodman, Aerospace Engineer, Engine rulemaking constitutes only such action, accordance with section 43.9 of the Federal Certification Office, FAA, Engine and and does not preclude the agency from Aviation Regulations (14 CFR 43.9). Propeller Directorate, 12 New England issuing another notice in the future, nor (c) Special flight permits may be issued in Executive Park, Burlington, MA 01803– does it commit the agency to any course accordance with sections 21.197 and 21.199 5299; telephone (781) 238–7130, fax of action in the future. of the Federal Aviation Regulations (14 CFR (781) 238–7199. Since this action only withdraws a 21.197 and 21.199) to operate the airplane to SUPPLEMENTARY INFORMATION: a location where the requirements of this AD A notice of proposed rulemaking, it is can be accomplished. proposal to amend part 39 of the Federal neither a proposed nor a final rule and (d) An alternative method of compliance or Aviation Regulations (14 CFR part 39) to therefore, is not covered under adjustment of the compliance time that add a new airworthiness directive (AD) Executive Order 12866, the Regulatory provides an equivalent level of safety may be to supersede AD 96–25–10, amendment Flexibility Act, or DOT Regulatory

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Policies and Procedures (44 FR 11034, [email protected]’’. Comments sent conducted additional testing and low February 26, 1979). via the Internet must contain the docket cycle fatigue (LCF) life analysis of cone number in the subject line. Comments shafts, part numbers (P/Ns) 23050728 List of Subjects in 14 CFR Part 39 may be inspected at this location and 23070729. This testing and analysis Air transportation, Aircraft, Aviation between 8:00 a.m. and 4:30 p.m., revealed maximum approved service safety, Safety. Monday through Friday, except Federal lives significantly lower than published The Withdrawal holidays. maximum approved service lives. To FOR FURTHER INFORMATION CONTACT: John date, however, no failures of cone shafts Accordingly, the notice of proposed Tallarovic, Aerospace Engineer, Chicago have been reported. This condition, if rulemaking, Docket 95–ANE–57, Aircraft Certification Office, FAA, Small not corrected, could result in LCF published in the Federal Register on Airplane Directorate, 2300 East Devon failure of cone shafts, which could September 2, 1998, (63 FR 46712), is Avenue, Des Plaines, IL 60018; result in an uncontained engine failure withdrawn. telephone (847) 294–8180, fax (847) and damage to the aircraft. Issued in Burlington, Massachusetts, on 294–7834. Proposed Actions October 5, 1999. SUPPLEMENTARY INFORMATION: Diane Romanosky, Since an unsafe condition has been Comments Invited identified that is likely to exist or Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. Interested persons are invited to develop on other products of this same type design, the proposed AD would [FR Doc. 99–26575 Filed 10–8–99; 8:45 am] participate in the making of the require removal from service of cone BILLING CODE 4910±13±P proposed rule by submitting such written data, views, or arguments as shafts, P/Ns 23050728 and 23070729, they may desire. Communications prior to accumulating new cyclic life DEPARTMENT OF TRANSPORTATION should identify the Rules Docket limits, depending on engine model. number and be submitted in triplicate to Economic Analysis Federal Aviation Administration the address specified above. All communications received on or before There are approximately 598 engines 14 CFR Part 39 the closing date for comments, specified of the affected design in the worldwide fleet. The FAA estimates that 364 [Docket No. 99±NE±46±AD] above, will be considered before taking action on the proposed rule. The engines installed on aircraft of U.S. RIN 2120±AA64 proposals contained in this notice may registry would be affected by this be changed in light of the comments proposed AD, that it would take Airworthiness Directives; Allison received. approximately 150 work hours per Engine Company AE 3007 Series Comments are specifically invited on engine to accomplish the proposed Turbofan Engines the overall regulatory, economic, actions, and that the average labor rate is $60 per work hour. Required parts AGENCY: Federal Aviation environmental, and energy aspects of would cost approximately $3,921 per Administration, DOT. the proposed rule. All comments submitted will be available, both before engine. Based on these figures, the total ACTION: Notice of proposed rulemaking and after the closing date for comments, cost impact of the proposed AD on US (NPRM). in the Rules Docket for examination by operators is estimated to be $4,703,244. SUMMARY: This document proposes the interested persons. A report Regulatory Impact summarizing each FAA-public contact adoption of a new airworthiness The regulations proposed herein directive (AD) that is applicable to concerned with the substance of this proposal will be filed in the Rules would not have substantial direct effects certain Allison Engine Company AE on the States, on the relationship 3007 series turbofan engines. This Docket. Commenters wishing the FAA to between the national government and proposal would require removing from the States, or on the distribution of service certain cone shafts prior to them acknowledge receipt of their comments submitted in response to this notice power and responsibilities among the reaching new cyclic life limits, and various levels of government. Therefore, replacing with serviceable parts. This must submit a self-addressed, stamped postcard on which the following in accordance with Executive Order proposal is prompted by additional 12612, it is determined that this testing and low cycle fatigue (LCF) life statement is made: ‘‘Comments to Docket Number 99–NE–46–AD.’’ The proposal would not have sufficient analysis that indicates lower cyclic lives federalism implications to warrant the than originally determined. The actions postcard will be date stamped and returned to the commenter. preparation of a Federalism Assessment. specified by the proposed AD are For the reasons discussed above, I intended to prevent LCF failure of cone Availability of NPRMs certify that this proposed regulation (1) shafts, which could result in an Any person may obtain a copy of this is not a ‘‘significant regulatory action’’ uncontained engine failure and damage under Executive Order 12866; (2) is not to the aircraft. NPRM by submitting a request to the FAA, New England Region, Office of the a ‘‘significant rule’’ under the DOT DATES: Comments must be received by Regional Counsel, Attention: Rules Regulatory Policies and Procedures (44 December 13, 1999. Docket No. 99–NE–46–AD, 12 New FR 11034, February 26, 1979); and (3) if ADDRESSES: Submit comments in England Executive Park, Burlington, MA promulgated, will not have a significant triplicate to the Federal Aviation 01803–5299. economic impact, positive or negative, Administration (FAA), New England on a substantial number of small entities Region, Office of the Regional Counsel, Discussion under the criteria of the Regulatory Attention: Rules Docket No. 99–NE–46– Allison Engine Company, the Flexibility Act. A copy of the draft AD, 12 New England Executive Park, manufacturer of models AE 3007A, AE regulatory evaluation prepared for this Burlington, MA 01803-5299. Comments 3007A1, AE 3007A1/1, AE 3007A1/2, action is contained in the Rules Docket. may also be sent via the Internet using AE 3007A1/3, AE 3007A1/P, and AE A copy of it may be obtained by the following address: ‘‘9-ane- 3007C turbofan engines, recently contacting the Rules Docket at the

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55197 location provided under the caption (c) For Allison Engine Company model AE activated. The actions specified by the ADDRESSES. 3007A1/P engines, remove cone shafts from proposed AD are intended to assure that service prior to accumulating 2,400 CSN, and flightcrews activate the pneumatic wing List of Subjects in 14 CFR Part 39 replace with serviceable parts. and tail deicing boots at the first signs Air transportation, Aircraft, Aviation New Life Limits of ice accumulation. This action will safety, Safety. (d) Paragraphs (a), (b), and (c) of this AD prevent reduced controllability of the The Proposed Amendment establish new, lower life limits for cone aircraft due to adverse aerodynamic shafts, P/Ns 23050728 and 23070729. effects of ice adhering to the airplane Accordingly, pursuant to the (e) Except for the provisions of paragraph prior to the first deicing cycle. authority delegated to me by the (f) of this AD, no cone shafts, P/Ns 23050728 Administrator, the Federal Aviation and 23070729, may remain in service DATES: Comments must be received on Administration proposes to amend part exceeding the life limits established in or before December 1, 1999. 39 of the Federal Aviation Regulations paragraphs (a), (b), and (c) of this AD. ADDRESSES: Submit comments in (14 CFR part 39) as follows: Alternate Method of Compliance triplicate to the Federal Aviation (f) An alternative method of compliance or Administration (FAA), Central Region, PART 39ÐAIRWORTHINESS Office of the Regional Counsel, DIRECTIVES adjustment of the compliance time that provides an acceptable level of safety may be Attention: Rules Docket No. 99–CE–48– 1. The authority citation for part 39 used if approved by the Manager, Chicago AD, Room 1558, 601 E. 12th Street, continues to read as follows: Aircraft Certification Office (ACO). Operators Kansas City, Missouri 64106. Comments shall submit their requests through an may be inspected at this location Authority: 49 U.S.C. 106(g), 40113, 44701. appropriate FAA Principal Maintenance between 8 a.m. and 4 p.m., Monday Inspector, who may add comments and then § 39.13 [Amended] through Friday, holidays excepted. send it to the Manager, Chicago ACO. 2. Section 39.13 is amended by Note 2: Information concerning the FOR FURTHER INFORMATION CONTACT: Mr. adding the following new airworthiness existence of approved alternative methods of John P. Dow, Sr., Aerospace Engineer, directive: compliance with this airworthiness directive, FAA, Small Airplane Directorate, 1201 Allison Engine Company: Docket No. 99– if any, may be obtained from the Chicago Walnut, suite 900, Kansas City, Missouri NE–46–AD. ACO. 64106; telephone: (816) 426–6932; Applicability: Allison Engine Company (g) No special flight permits will be issued. facsimile: (816) 426–2169. Models AE 3007A, AE 3007A1, AE 3007A1/ Issued in Burlington, Massachusetts, on SUPPLEMENTARY INFORMATION: 1, AE 3007A1/2, AE 3007A1/3, AE 3007A1/ October 5, 1999. P, and AE 3007C turbofan engines, with cone Diane Romanosky, Comments Invited shafts, part numbers (P/Ns) 23050728 and Acting Manager, Engine and Propeller 23070729, installed. These engines are Directorate, Aircraft Certification Service. Interested persons are invited to installed on but not limited to EMBRAER participate in the making of the [FR Doc. 99–26574 Filed 10–8–99; 8:45 am] EMB–145 series and Cessna 750 (Citation X) proposed rule by submitting such series airplanes. BILLING CODE 4910±13±P written data, views, or arguments as Note 1: This airworthiness directive (AD) they may desire. Communications applies to each engine identified in the DEPARTMENT OF TRANSPORTATION should identify the Rules Docket preceding applicability provision, regardless number and be submitted in triplicate to of whether it has been modified, altered, or repaired in the area subject to the Federal Aviation Administration the address specified above. All requirements of this AD. For engines that communications received on or before have been modified, altered, or repaired so 14 CFR Part 39 the closing date for comments, specified that the performance of the requirements of above, will be considered before taking [Docket No. 99±CE±48±AD] this AD is affected, the owner/operator must action on the proposed rule. The request approval for an alternative method of RIN 2120±AA64 proposals contained in this notice may compliance in accordance with paragraph (f) be changed in light of the comments of this AD. The request should include an Airworthiness Directives; Short received. assessment of the effect of the modification, Brothers & Harland Ltd. Models SC±7 Comments are specifically invited on alteration, or repair on the unsafe condition Series 2 and SC±7 Series 3 Airplanes addressed by this AD; and, if the unsafe the overall regulatory, economic, condition has not been eliminated, the AGENCY: Federal Aviation environmental, and energy aspects of request should include specific proposed Administration, DOT. the proposed rule. All comments actions to address it. submitted will be available, both before ACTION: Notice of proposed rulemaking Compliance: Required as indicated, unless and after the closing date for comments, (NPRM). accomplished previously. in the Rules Docket for examination by To prevent low cycle fatigue failure of cone SUMMARY: This document proposes to interested persons. A report that shafts, which could result in an uncontained adopt a new airworthiness directive summarizes each FAA-public contact engine failure and damage to the aircraft, concerned with the substance of this accomplish the following: (AD) that would apply to all Short Brothers & Harland Ltd. (Shorts) Models proposal will be filed in the Rules Removal From Service SC–7 Series 2 and SC–7 Series 3 Docket. (a) For Allison Engine Company models airplanes. The proposed AD would Commenters wishing the FAA to AE 3007A, AE 3007A1, AE 3007A1/1, AE require revising the Airplane Flight acknowledge receipt of their comments 3007A1/2, and AE 3007C engines, remove Manual (AFM) to include requirements submitted in response to this notice cone shafts from service prior to for activation of the airframe pneumatic must submit a self-addressed, stamped accumulating 7,500 cycles-since-new (CSN), and replace with serviceable parts. deicing boots. The proposed AD is the postcard on which the following (b) For Allison Engine Company model AE result of reports of in-flight incidents statement is made: ‘‘Comments to 3007A1/3 engines, remove cone shafts from and an accident that occurred in icing Docket No. 99–CE–48–AD.’’ The service prior to accumulating 3,500 CSN, and conditions where the airframe postcard will be date stamped and replace with serviceable parts. pneumatic deicing boots were not returned to the commenter.

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Availability of NPRMs assumptions: The most adverse ice deicing boot becomes ineffective in Any person may obtain a copy of this accumulation possible during operation shedding the ‘‘sheath’’ of ice. However, NPRM by submitting a request to the in the icing envelope specified in part ice accumulation resulting from delayed FAA, Central Region, Office of the 25, Appendix C of the Federal Aviation activation may pose an unsafe condition Regional Counsel, Attention: Rules Regulations (14 CFR part 25), and that due to the resultant adverse recommended procedures for deicing aerodynamic effects on the airplane’s Docket No. 99–CE–48–AD, Room 1558, boot operation were used. Additionally, performance or handling qualities. 601 E. 12th Street, Kansas City, Missouri the manufacturers were asked to In November 1997, the FAA and the 64106. provide information related to operation National Aeronautics and Space Discussion of the autopilot during icing conditions, Administration (NASA) co-sponsored an international workshop on aircraft On January 9, 1997, an Empresa and for information related to deicing boot ice bridging. The objective Brazileira de Aeronautica, S.A. appropriate operating speeds for icing of the workshop was to provide an open (EMBRAER) Model EMB–120RT series operations. No information received, as a result of forum for investigating the existence of airplane was involved in an that request, has caused the FAA to deicing boot bridging and other uncommanded roll excursion and reconsider the previous conclusion that concerns related to activating ice consequent rapid descent that resulted an unsafe condition may exist. protection systems at the initial in an accident near Monroe, Michigan. detection of inflight icing. Sixty-seven Public Meeting The post-accident investigation representatives from airframe and conducted by the National Subsequent to the collection of those deicing boot manufacturers, various Transportation Safety Board (NTSB) design and operational data, the FAA airlines, the pilot community, NASA, concluded that the airplane had held an international conference on the National Transportation Safety accumulated a thin, rough layer of ice ‘‘Inflight Operations in Icing Board, non-US civil aviation authorities, on its lifting surfaces. That Conditions’’, in Washington, DC, on and the FAA participated. At the accumulation of ice, in combination February 2–4, 1999. The purpose of the workshop no evidence was presented to with the slowing of the airplane to an conference was to discuss the status of substantiate that aircraft with modern airspeed inappropriate for the icing the FAA Icing Plan and other related deicing boot designs experience ice conditions in which the airplane was efforts. Additionally, the conference bridging. The general consensus of the flying, resulted in loss of control that provided a forum for representatives of workshop participants was that ice was not corrected before the airplane industry to express their viewpoints on bridging is not a problem for modern impacted the ground. The NTSB also current information related to activation pneumatic deicing boot designs due to concluded that the flight crew did not of deicing boots, minimum airspeeds, the use of higher air supply pressures, activate the wing and tail pneumatic autopilot operation in icing conditions, faster boot inflation and deflation deicing boots. An NTSB flightcrew information needs, and cycles, and smaller boot chambers. Icing recommendation related to this accident flightcrew training. Certain information wind tunnel and flight testing of these requested that the FAA mandate that presented at that meeting is discussed in newer design features with automatic pneumatic deicing boots be turned on as this proposed rule in the following cycling have demonstrated successful soon as the airplane enters icing section. shedding of ice when activated at the conditions. onset of ice accretion, with ice not shed Delayed Activation of Pneumatic The FAA has reviewed the icing- on the initial deicing boot cycle Deicing Boots related incident history of certain continuing to increase in thickness and airplanes, and has determined that icing In accordance with manufacturer being shed during subsequent cycles. incidents may have occurred because instructions and FAA-approved airplane During the previously discussed pneumatic deicing boots were not flight manual (AFM) procedures, the November 1997 international workshop, activated at the first evidence of ice flightcrews of most airplanes equipped the inability of flightcrews to accurately accretion. As a result, the handling with pneumatic deicing boots delay the gauge wing and control surfaces ice qualities or the controllability of the initial activation of the boots until a accretion thickness before activating the airplane may have been reduced due to certain quantity of ice has accumulated deicing boots was recognized. Also, the accumulated ice. That factor was on the protected surfaces (boots). Some increased airplane drag resulting from present in the accident discussed crews routinely wait for 1⁄4 to 1⁄2 inch of ice accretion was recognized as a previously and, as such, constitutes an ice to accumulate, and at least one potential contributing cause of unsafe condition. airplane type is routinely flown with up inadvertent airspeed loss that 1 2 characterized most in-flight icing related Request for Information to 1 ⁄ inches of ice on the protected surfaces before the initial activation of accidents and incidents. Two airframe On October 1, 1998, the FAA sent the deicing boots. manufacturers, whose products letters to certain manufacturers of comprise a substantial percentage of the airplanes certified in accordance with Ice Bridging turbopropeller transport fleet, reported part 25 of the Federal Aviation In the past, concern about ‘‘ice that, because of these concerns they Regulations (14 CFR part 25). The letters bridging’’ on early pneumatic deicing recommend activating the automatic requested certain icing system design boot designs resulted in the common airframe deicing system at first onset of information and operational procedures practice of delaying activation of ice airframe icing. Those manufacturers applicable to their airplanes concerning protection. Ice bridging of pneumatic have received no reports of deicing boot flight during icing conditions. The deicing boots occurred when a thin ice bridging events for these airplanes. letters also requested that manufacturers layer of ice is sufficiently plastic to The FAA considers that ice provide data showing that the aircraft deform to the shape of the inflated accumulation on protected surfaces due has safe operating characteristics with deicing boot tube without being to delayed boot activation constitutes a ice accreted on the protected surfaces fractured and shed during the ensuing potential safety concern. However, the (boots). The manufacturers were asked tube deflation. As the deformed ice FAA recognizes that not all airplanes to provide data using the following hardens and accretes additional ice, the may be equipped with ‘‘modern’’

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55199 deicing boots (as that term is used in boot cycle is removed during The FAA specifically invites the this NPRM). The FAA specifically subsequent cycles. submission of comments and other data invites the submission of comments and As reported during the November regarding adverse effects that may occur other data regarding the effects of this 1997 international workshop, during specific phases of flight, proposed AD on airplanes equipped manufacturers of a substantial including takeoff, final approach, or with older pneumatic deicing boots, percentage of the turbopropeller landing. Any recommended speed including arguments for the retention of transport fleet have reported satisfactory restrictions or other operational existing activation delays for these in-flight icing operations of their procedures that would be necessary in older-style deicing boots. products with recommended procedures order to mitigate any adverse aerodynamic effects of deicing boot Residual Ice to activate operation of the deicing boots in the automatic mode at the onset of inflation during critical phases of flight should be fully explained and During the February conference, the airframe icing. documented. attendees agreed that the airplane is at Therefore, the FAA considers that the risk while the airplane is accreting ice, activation of pneumatic wing and tail The FAA’s Determination and that the airplane must be deicing boots at the first signs of ice The FAA is aware that, based on adequately protected to ensure that no accumulation is warranted. The FAA previous procedures provided to adverse handling and performance specifically invites the submission of flightcrews of many airplanes equipped characteristics develop. An additional data to substantiate that operating the with deicing boots, a historical concern discussed at the conference was deicing boots at the first sign of ice precedent has been set that permits the possibility that early activation of accretions is more hazardous than waiting to activate the deicing the ice protection system might degrade delaying boot activation until a specific equipment. In light of this information the ice shedding effectiveness of the thickness of ice has accumulated. and based on reports received, the FAA deicing boots, resulting in increased Other Considerations considers that certain procedures residual ice, i.e., there would be more should be included in the Limitations ice fragments remaining on the deicing The FAA recognizes that there may be Section of the AFM for all Shorts boots than would exist if a more some phases of flight during which use Models SC–7 Series 2 and SC–7 Series substantial quantity of ice was allowed of the deicing boots may be 3 airplanes to require immediate to form before the first ice shedding inappropriate. For example, a deicing activation of the ice protection systems cycle. However, the FAA does not boot inflation cycle that begins when any ice accumulation is detected concur. No data has been provided that immediately before or during the on the airplane. shows that the presence of residual ice landing flare or the takeoff rotation may This proposed action is one of a following an earlier activation of the cause unexpected loss of lift or other number of proposed AD’s being issued deicing boots is more hazardous than adverse aerodynamic events. This on airplanes that have been determined delaying cycling of the boots until the proposed AD explicitly does not to be subject to the same identified ice accretes to a larger, specific supersede procedures in the AFM that unsafe conditions. Currently proposed thickness. In fact, testing in icing prohibit using deicing boots for certain AD’s for other airplanes that are conditions has shown that residual ice phases of flight (e.g., during take-off, equipped with pneumatic deicing boots remaining on the boots after the initial final approach, and landing). address the following airplanes:

Airplane models Docket No.

Industrie Aeronautiche e Meccaniche, Model Piaggio P±180 Airplanes ...... 99±CE±34±AD Pilatus Britten-Norman Ltd., BN±2T Series Airplanes ...... 99±CE±35±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 Airplanes ...... 99±CE±36±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models AP68TP 300 ``Spartacus'' and AP68TP 600 ``Viator'' Airplanes 99±CE±37±AD Mitsubishi Heavy Industries, Ltd., MU±2B Series Airplanes ...... 99±CE±38±AD LET, a.s., Model L±420 Airplanes ...... 99±CE±39±AD British Aerospace, Jetstream Models 3101 and 3201 Airplanes ...... 99±CE±40±AD Harbin Aircraft Manufacturing Corp., Model Y12 IV airplanes ...... 99±CE±41±AD Empresa Brasileira de Aeronautica S.A. (Embraer), Models EMB±110P1 and EMB±110P2 Airplanes ...... 99±CE±42±AD Dornier Luftfahrt GmbH, Series Airplanes ...... 99±CE±43±AD Bombardier Inc., DHC±6 Series Airplanes ...... 99±CE±44±AD The Cessna Aircraft Company, Series Airplanes ...... 99±CE±45±AD Raytheon Aircraft Company, 90, 99, 100, 200, 300, 1900, and 2000 Series Airplanes ...... 99±CE±46±AD AeroSpace Technologies Of Australia Pty Ltd., Models N22B and N24A ...... 99±CE±47±AD The New Piper Aircraft, Inc., PA±31 Series Airplanes ...... 99±CE±49±AD SOCATAÐGroupe AEROSPATIALE, Model TBM 700 Airplanes ...... 99±CE±50±AD Twin Commander Aircraft Corporation, 600 Series Airplanes ...... 99±CE±51±AD Fairchild Aircraft Corporation, SA226 and SA227 Series Airplanes ...... 99±CE±52±AD The Cessna Aircraft Company, Models 425 and 441 Airplanes ...... 99±CE±53±AD Cessna Aircraft Company, Models 500, 550, and 560 Airplanes ...... 99±NM±136±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 99±NM±137±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 99±NM±138±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 99±NM±139±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 99±NM±140±AD Frakes Aviation, Model, G±73 (Mallard) and G±73T Series Airplanes ...... 99±NM±141±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 99±NM±142±AD Fairchild Models F27 and FH227 Series Airplanes ...... 99±NM±143±AD Aerospatiale Models ATR±42/ATR±72 Series Airplanes ...... 99±NM±144±AD Jetstream Model BAe ATP Airplanes ...... 99±NM±145±AD Jetstream Model 4101 Airplanes ...... 99±NM±146±AD

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Airplane models Docket No.

British Aerospace Model HS 748 Series Airplanes ...... 99±NM±147±AD Saab Model SF340A/SAAB 340B/SAAB 2000 Series Airplanes ...... 99±NM±148±AD CASA Model C±212/CN±235 Series Airplanes ...... 99±NM±149±AD Dornier Model 328±100 Series Airplanes ...... 99±NM±150±AD Lockheed Model 1329±23 and 1329±25 (Lockheed Jetstar) Series Airplanes ...... 99±NM±151±AD de Havilland Model DHC±7/DHC±8 Series Airplanes ...... 99±NM±152±AD Fokker Model F27 Mark 100/200/300/400/500/600/700/050 Series Airplanes ...... 99±NM±153±AD Short Brothers Model SD3±30/SD3±60/SD3±SHERPA Series Airplanes ...... 99±NM±154±AD

Explanation of the Provisions of the promulgated, will not have a significant Compliance: Required as indicated in the Proposed AD economic impact, positive or negative, body of this AD, unless already accomplished. Since an unsafe condition has been on a substantial number of small entities under the criteria of the Regulatory To assure that flightcrews activate the wing identified that is likely to exist or and tail pneumatic deicing boots at the first develop in other Shorts Model SC–7 Flexibility Act. A copy of the draft signs of ice accumulation on the airplane, Series 2 and SC–7 Series 3 airplanes of regulatory evaluation prepared for this accomplish the following: the same type design registered in the action has been placed in the Rules (a) Within 10 days after the effective date United States, the FAA is proposing AD Docket. A copy of it may be obtained by of this AD: Revise the Limitations Section of action. The proposed AD would require contacting the Rules Docket at the the FAA-approved Airplane Flight Manual revising the Limitations Section of the location provided under the caption (AFM) to include the following requirements ADDRESSES. for activation of the ice protection systems. AFM to include requirements for This may be accomplished by inserting a activation of pneumatic deicing boots at List of Subjects in 14 CFR Part 39 copy of this AD in the AFM. the first indication of ice accumulation ‘‘• Except for certain phases of flight on the airplane. Air transportation, Aircraft, Aviation where the AFM specifies that deicing boots safety, Safety. should not be used (e.g., take-off, final Cost Impact approach, and landing), compliance with the The FAA estimates that 22 airplanes The Proposed Amendment following is required. in the U.S. registry would be affected by • Wing and Tail Leading Edge Pneumatic Accordingly, pursuant to the the proposed AD, that it would take Deicing Boot System, if installed, must be authority delegated to me by the approximately 1 workhour per airplane activated: Administrator, the Federal Aviation to accomplish the proposed AFM —At the first sign of ice formation Administration proposes to amend part revisions. Accomplishing the proposed anywhere on the aircraft, or upon 39 of the Federal Aviation Regulations annunciation from an ice detector AFM revision requirements of this (14 CFR part 39) as follows: system, whichever occurs first; and NPRM may be performed by the owner/ —The system must either be continued to operator holding at least a private pilot PART 39ÐAIRWORTHINESS be operated in the automatic cycling certificate as authorized by section 43.7 DIRECTIVES mode, if available; or the system must be of the Federal Aviation Regulations (14 manually cycled as needed to minimize CFR 43.7), and must be entered into the 1. The authority citation for part 39 the ice accretions on the airframe. aircraft records showing compliance continues to read as follows: • The wing and tail leading edge with the proposed AD in accordance pneumatic deicing boot system may be Authority: 49 U.S.C. 106(g), 40113, 44701. with section 43.9 of the Federal deactivated only after leaving icing conditions and after the airplane is Aviation Regulations (14 CFR 43.9). The § 39.13 [Amended] determined to be clear of ice.’’ only cost impact of the proposed AD is 2. Section 39.13 is amended by (b) Incorporating the AFM revisions, as the time it would take each owner/ required by this AD, may be performed by operator of the affected airplanes to adding a new airworthiness directive (AD) to read as follows: the owner/operator holding at least a private insert the information into the AFM. pilot certificate as authorized by section 43.7 Short Brothers & Harland Ltd.: Docket No. of the Federal Aviation Regulations (14 CFR 99–CE–48–AD. Regulatory Impact 43.7), and must be entered into the aircraft The regulations proposed herein Applicability: Models SC–7 Series 2 and records showing compliance with this AD in would not have substantial direct effects SC–7 Series 3 airplanes, all serial numbers accordance with section 43.9 of the Federal equipped with pneumatic deicing boots, Aviation Regulations (14 CFR 43.9). on the States, on the relationship certificated in any category. between the national government and (c) Special flight permits may be issued in Note 1: This AD applies to each airplane accordance with sections 21.197 and 21.199 the States, or on the distribution of identified in the preceding applicability of the Federal Aviation Regulations (14 CFR power and responsibilities among the provision, regardless of whether it has been 21.197 and 21.199) to operate the airplane to various levels of government. Therefore, modified, altered, or repaired in the area a location where the requirements of this AD in accordance with Executive Order subject to the requirements of this AD. For can be accomplished. 12612, it is determined that this airplanes that have been modified, altered, or (d) An alternative method of compliance or proposal would not have sufficient repaired so that the performance of the adjustment of the compliance time that federalism implications to warrant the requirements of this AD is affected, the provides an equivalent level of safety may be preparation of a Federalism Assessment. owner/operator must request approval for an approved by the Manager, Small Airplane For the reasons discussed above, I alternative method of compliance in Directorate, 1201 Walnut, suite 900, Kansas City, Missouri 64106. The request shall be certify that this action (1) is not a accordance with paragraph (d) of this AD. The request should include an assessment of forwarded through an appropriate FAA ‘‘significant regulatory action’’ under the effect of the modification, alteration, or Maintenance Inspector, who may add Executive Order 12866; (2) is not a repair on the unsafe condition addressed by comments and then send it to the Manager, ‘‘significant rule’’ under DOT this AD; and, if the unsafe condition has not Small Airplane Directorate. Regulatory Policies and Procedures (44 been eliminated, the request should include Note 2: Information concerning the FR 11034, February 26, 1979); and (3) if specific proposed actions to address it. existence of approved alternative methods of

VerDate 06-OCT-99 16:37 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm07 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55201 compliance with this AD, if any, may be FOR FURTHER INFORMATION CONTACT: Mr. accumulation of ice, in combination obtained from the Small Airplane John P. Dow, Sr., Aerospace Engineer, with the slowing of the airplane to an Directorate. FAA, Small Airplane Directorate, 1201 airspeed inappropriate for the icing (e) Information related to this AD may be Walnut, suite 900, Kansas City, Missouri conditions in which the airplane was examined at the FAA, Central Region, Office 64106; telephone: (816) 426–6932; flying, resulted in loss of control that of the Regional Counsel, Room 1558, 601 E. facsimile: (816) 426–2169. was not corrected before the airplane 12th Street, Kansas City, Missouri 64106. SUPPLEMENTARY INFORMATION: impacted the ground. The NTSB also Issued in Kansas City, Missouri, on concluded that the flight crew did not October 4, 1999. Comments Invited activate the wing and tail pneumatic Michael Gallagher, Interested persons are invited to deicing boots. An NTSB Manager, Small Airplane Directorate, Aircraft participate in the making of the recommendation related to this accident Certification Service. proposed rule by submitting such requested that the FAA mandate that [FR Doc. 99–26573 Filed 10–8–99; 8:45 am] written data, views, or arguments as pneumatic deicing boots be turned on as BILLING CODE 4910±13±P they may desire. Communications soon as the airplane enters icing should identify the Rules Docket conditions. number and be submitted in triplicate to The FAA has reviewed the icing- DEPARTMENT OF TRANSPORTATION the address specified above. All related incident history of certain communications received on or before airplanes, and has determined that icing Federal Aviation Administration the closing date for comments, specified incidents may have occurred because 14 CFR Part 39 above, will be considered before taking pneumatic deicing boots were not action on the proposed rule. The activated at the first evidence of ice [Docket No. 99±CE±44±AD] proposals contained in this notice may accretion. As a result, the handling be changed in light of the comments qualities or the controllability of the RIN 2120±AA64 received. airplane may have been reduced due to Comments are specifically invited on the accumulated ice. That factor was Airworthiness Directives; Bombardier the overall regulatory, economic, present in the accident discussed Inc. Models DHC±6±1, DHC±6±100, environmental, and energy aspects of previously and, as such, constitutes an DHC±6±200, and DHC±6±300 Airplanes the proposed rule. All comments unsafe condition. submitted will be available, both before AGENCY: Federal Aviation Request for Information Administration, DOT. and after the closing date for comments, On October 1, 1998, the FAA sent ACTION: in the Rules Docket for examination by Notice of proposed rulemaking letters to certain manufacturers of (NPRM). interested persons. A report that summarizes each FAA-public contact airplanes certified in accordance with SUMMARY: This document proposes to concerned with the substance of this part 25 of the Federal Aviation adopt a new airworthiness directive proposal will be filed in the Rules Regulations (14 CFR part 25). The letters (AD) that would apply to all Bombardier Docket. requested certain icing system design Inc. (Bombardier) Models DHC–6–1, Commenters wishing the FAA to information and operational procedures DHC–6–100, DHC–6–200, and DHC–6– acknowledge receipt of their comments applicable to their airplanes concerning 300 airplanes. The proposed AD would submitted in response to this notice flight during icing conditions. The require revising the Airplane Flight must submit a self-addressed, stamped letters also requested that manufacturers Manual (AFM) to include requirements postcard on which the following provide data showing that the aircraft for activation of the airframe pneumatic statement is made: ‘‘Comments to has safe operating characteristics with deicing boots. The proposed AD is the Docket No. 99–CE–44–AD.’’ The ice accreted on the protected surfaces result of reports of in-flight incidents postcard will be date stamped and (boots). The manufacturers were asked and an accident that occurred in icing returned to the commenter. to provide data using the following assumptions: The most adverse ice conditions where the airframe Availability of NPRMs pneumatic deicing boots were not accumulation possible during operation activated. The actions specified by the Any person may obtain a copy of this in the icing envelope specified in part proposed AD are intended to assure that NPRM by submitting a request to the 25, Appendix C of the Federal Aviation flightcrews activate the pneumatic wing FAA, Central Region, Office of the Regulations (14 CFR part 25), and that and tail deicing boots at the first signs Regional Counsel, Attention: Rules recommended procedures for deicing of ice accumulation. This action will Docket No. 99–CE–44–AD, Room 1558, boot operation were used. Additionally, prevent reduced controllability of the 601 E. 12th Street, Kansas City, Missouri the manufacturers were asked to aircraft due to adverse aerodynamic 64106. provide information related to operation effects of ice adhering to the airplane Discussion of the autopilot during icing conditions, prior to the first deicing cycle. and for information related to On January 9, 1997, an Empresa appropriate operating speeds for icing DATES: Comments must be received on Brazileira de Aeronautica, S.A. operations. or before December 1, 1999. (EMBRAER) Model EMB–120RT series No information received, as a result of ADDRESSES: Submit comments in airplane was involved in an that request, has caused the FAA to triplicate to the Federal Aviation uncommanded roll excursion and reconsider the previous conclusion that Administration (FAA), Central Region, consequent rapid descent that resulted an unsafe condition may exist. Office of the Regional Counsel, in an accident near Monroe, Michigan. Attention: Rules Docket No. 99–CE–44– The post-accident investigation Public Meeting AD, Room 1558, 601 E. 12th Street, conducted by the National Subsequent to the collection of those Kansas City, Missouri 64106. Comments Transportation Safety Board (NTSB) design and operational data, the FAA may be inspected at this location concluded that the airplane had held an international conference on between 8 a.m. and 4 p.m., Monday accumulated a thin, rough layer of ice ‘‘Inflight Operations in Icing through Friday, holidays excepted. on its lifting surfaces. That Conditions’’, in Washington, DC, on

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February 2–4, 1999. The purpose of the workshop no evidence was presented to ice fragments remaining on the deicing conference was to discuss the status of substantiate that aircraft with modern boots than would exist if a more the FAA Icing Plan and other related deicing boot designs experience ice substantial quantity of ice was allowed efforts. Additionally, the conference bridging. The general consensus of the to form before the first ice shedding provided a forum for representatives of workshop participants was that ice cycle. However, the FAA does not industry to express their viewpoints on bridging is not a problem for modern concur. No data has been provided that current information related to activation pneumatic deicing boot designs due to shows that the presence of residual ice of deicing boots, minimum airspeeds, the use of higher air supply pressures, following an earlier activation of the autopilot operation in icing conditions, faster boot inflation and deflation deicing boots is more hazardous than flightcrew information needs, and cycles, and smaller boot chambers. Icing delaying cycling of the boots until the flightcrew training. Certain information wind tunnel and flight testing of these ice accretes to a larger, specific presented at that meeting is discussed in newer design features with automatic thickness. In fact, testing in icing this proposed rule in the following cycling have demonstrated successful conditions has shown that residual ice section. shedding of ice when activated at the remaining on the boots after the initial onset of ice accretion, with ice not shed boot cycle is removed during Delayed Activation of Pneumatic on the initial deicing boot cycle subsequent cycles. Deicing Boots continuing to increase in thickness and As reported during the November In accordance with manufacturer being shed during subsequent cycles. 1997 international workshop, instructions and FAA-approved airplane During the previously discussed manufacturers of a substantial flight manual (AFM) procedures, the November 1997 international workshop, percentage of the turbopropeller flightcrews of most airplanes equipped the inability of flightcrews to accurately transport fleet have reported satisfactory with pneumatic deicing boots delay the gauge wing and control surfaces ice in-flight icing operations of their initial activation of the boots until a accretion thickness before activating the products with recommended procedures certain quantity of ice has accumulated deicing boots was recognized. Also, to activate operation of the deicing boots on the protected surfaces (boots). Some increased airplane drag resulting from in the automatic mode at the onset of crews routinely wait for 1⁄4 to 1⁄2 inch of ice accretion was recognized as a airframe icing. ice to accumulate, and at least one potential contributing cause of Therefore, the FAA considers that the airplane type is routinely flown with up inadvertent airspeed loss that activation of pneumatic wing and tail to 11⁄2 inches of ice on the protected characterized most in-flight icing related deicing boots at the first signs of ice surfaces before the initial activation of accidents and incidents. Two airframe accumulation is warranted. The FAA the deicing boots. manufacturers, whose products specifically invites the submission of Ice Bridging comprise a substantial percentage of the data to substantiate that operating the turbopropeller transport fleet, reported deicing boots at the first sign of ice In the past, concern about ‘‘ice that, because of these concerns they accretions is more hazardous than bridging’’ on early pneumatic deicing recommend activating the automatic delaying boot activation until a specific boot designs resulted in the common airframe deicing system at first onset of thickness of ice has accumulated. practice of delaying activation of ice airframe icing. Those manufacturers protection. Ice bridging of pneumatic have received no reports of deicing boot Other Considerations deicing boots occurred when a thin ice bridging events for these airplanes. The FAA recognizes that there may be layer of ice is sufficiently plastic to The FAA considers that ice some phases of flight during which use deform to the shape of the inflated accumulation on protected surfaces due of the deicing boots may be deicing boot tube without being to delayed boot activation constitutes a inappropriate. For example, a deicing fractured and shed during the ensuing potential safety concern. However, the boot inflation cycle that begins tube deflation. As the deformed ice FAA recognizes that not all airplanes immediately before or during the hardens and accretes additional ice, the may be equipped with ‘‘modern’’ landing flare or the takeoff rotation may deicing boot becomes ineffective in deicing boots (as that term is used in cause unexpected loss of lift or other shedding the ‘‘sheath’’ of ice. However, this NPRM). The FAA specifically adverse aerodynamic events. This ice accumulation resulting from delayed invites the submission of comments and proposed AD explicitly does not activation may pose an unsafe condition other data regarding the effects of this supersede procedures in the AFM that due to the resultant adverse proposed AD on airplanes equipped prohibit using deicing boots for certain aerodynamic effects on the airplane’s with older pneumatic deicing boots, phases of flight (e.g., during take-off, performance or handling qualities. including arguments for the retention of final approach, and landing). In November 1997, the FAA and the existing activation delays for these The FAA specifically invites the National Aeronautics and Space older-style deicing boots. submission of comments and other data Administration (NASA) co-sponsored regarding adverse effects that may occur Residual Ice an international workshop on aircraft during specific phases of flight, deicing boot ice bridging. The objective During the February conference, the including takeoff, final approach, or of the workshop was to provide an open attendees agreed that the airplane is at landing. Any recommended speed forum for investigating the existence of risk while the airplane is accreting ice, restrictions or other operational deicing boot bridging and other and that the airplane must be procedures that would be necessary in concerns related to activating ice adequately protected to ensure that no order to mitigate any adverse protection systems at the initial adverse handling and performance aerodynamic effects of deicing boot detection of inflight icing. Sixty-seven characteristics develop. An additional inflation during critical phases of flight representatives from airframe and concern discussed at the conference was should be fully explained and deicing boot manufacturers, various the possibility that early activation of documented. airlines, the pilot community, NASA, the ice protection system might degrade the National Transportation Safety the ice shedding effectiveness of the The FAA’s Determination Board, non-US civil aviation authorities, deicing boots, resulting in increased The FAA is aware that, based on and the FAA participated. At the residual ice, i.e., there would be more previous procedures provided to

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55203 flightcrews of many airplanes equipped Section of the AFM for all Bombardier This proposed action is one of a with deicing boots, a historical Models DHC–6–1, DHC–6–100, DHC–6– number of proposed AD’s being issued precedent has been set that permits 200, and DHC–6–300 airplanes to on airplanes that have been determined waiting to activate the deicing require immediate activation of the ice to be subject to the same identified equipment. In light of this information protection systems when any ice unsafe conditions. Currently proposed and based on reports received, the FAA accumulation is detected on the AD’s for other airplanes that are considers that certain procedures airplane. equipped with pneumatic deicing boots should be included in the Limitations address the following airplanes:

Airplane models Docket No.

Industrie Aeronautiche e Meccaniche, Model Piaggio P±180 Airplanes 99±CE±34±AD Pilatus Britten-Norman Ltd., BN±2T Series Airplanes ...... 99±CE±35±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 Airplanes ...... 99±CE±36±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models AP68TP 300 ``Spartacus'' and AP68TP 600 ``Viator'' Airplanes ...... 99±CE±37±AD Mitsubishi Heavy Industries, Ltd., MU±2B Series Airplanes ...... 99±CE±38±AD LET, a.s., Model L±420 Airplanes ...... 99±CE±39±AD British Aerospace, Jetstream Models 3101 and 3201 Airplanes ...... 99±CE±40±AD Harbin Aircraft Manufacturing Corp. Model Y12 IV airplanes ...... 99±CE±41±AD Empresa Brasileira de Aeronautica S.A. (Embraer), Models EMB±110P1 and EMB±110P2 Airplanes ...... 99±CE±42±AD Dornier Luftfahrt GmbH, 228 Series Airplanes ...... 99±CE±43±AD The Cessna Aircraft Company, 208 Series Airplanes ...... 99±CE±45±AD Raytheon Aircraft Company, 90, 99, 100, 200, 300, 1900, and 2000 Series Airplanes ...... 99±CE±46±AD AeroSpace Technologies Of Australia Pty Ltd., Models N22B and N24A ...... 99±CE±47±AD Short Brothers & Harland Ltd., Models SC±7 Series 2 and SC±7 Series 3 Airplanes ...... 99±CE±48±AD The New Piper Aircraft, Inc., PA±31 Series Airplanes ...... 99±CE±49±AD SOCATAÐGroupe AEROSPATIALE, Model TBM 700 Airplanes ...... 99±CE±50±AD Twin Commander Aircraft Corporation, 600 Series Airplanes ...... 99±CE±51±AD Fairchild Aircraft Corporation, SA226 and SA227 Series Airplanes ...... 99±CE±52±AD The Cessna Aircraft Company, Models 425 and 441 Airplanes ...... 99±CE±53±AD Cessna Aircraft Company, Models 500, 550, and 560 Airplanes ...... 99±NM±136±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 99±NM±137±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 99±NM±138±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 99±NM±139±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 99±NM±140±AD Frakes Aviation, Model, G±73 (Mallard) and G±73T Series Airplanes ...... 99±NM±141±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 99±NM±142±AD Fairchild Models F27 and FH227 Series Airplanes ...... 99±NM±143±AD Aerospatiale Models ATR±42/ATR±72 Series Airplanes ...... 99±NM±144±AD Jetstream Model BAe ATP Airplanes ...... 99±NM±145±AD Jetstream Model 4101 Airplanes ...... 99±NM±146±AD British Aerospace Model HS 748 Series Airplanes ...... 99±NM±147±AD Saab Model SF340A/SAAB 340B/SAAB 2000 Series Airplanes ...... 99±NM±148±AD CASA Model C±212/CN±235 Series Airplanes ...... 99±NM±149±AD Dornier Model 328±100 Series Airplanes ...... 99±NM±150±AD Lockheed Model 1329±23 and 1329±25, (Lockheed Jetstar) Series Airplanes ...... 99±NM±151±AD de Havilland Model DHC±7/DHC±8 Series Airplanes ...... 99±NM±152±AD Fokker Model F27 Mark 100/200/300/400/500/600/700/050 Series Airplanes ...... 99±NM±153±AD Short Brothers Model SD3±30/SD3±60/SD3±SHERPA Series Airplanes ...... 99±NM±154±AD

Explanation of the Provisions of the to accomplish the proposed AFM between the national government and Proposed AD revisions. Accomplishing the proposed the States, or on the distribution of Since an unsafe condition has been AFM revision requirements of this power and responsibilities among the identified that is likely to exist or NPRM may be performed by the owner/ various levels of government. Therefore, develop in other Bombardier Models operator holding at least a private pilot in accordance with Executive Order DHC–6–1, DHC–6–100, DHC–6–200, certificate as authorized by § 43.7 of the 12612, it is determined that this and DHC–6–300 airplanes of the same Federal Aviation Regulations (14 CFR proposal would not have sufficient type design registered in the United 43.7), and must be entered into the federalism implications to warrant the States, the FAA is proposing AD action. aircraft records showing compliance preparation of a Federalism Assessment. The proposed AD would require with the proposed AD in accordance For the reasons discussed above, I revising the Limitations Section of the with § 43.9 of the Federal Aviation certify that this action (1) is not a AFM to include requirements for Regulations (14 CFR 43.9). The only cost ‘‘significant regulatory action’’ under activation of pneumatic deicing boots at impact of the proposed AD is the time Executive Order 12866; (2) is not a the first indication of ice accumulation it would take each owner/operator of ‘‘significant rule’’ under DOT on the airplane. the affected airplanes to insert the Regulatory Policies and Procedures (44 information into the AFM. FR 11034, February 26, 1979); and (3) if Cost Impact promulgated, will not have a significant Regulatory Impact The FAA estimates that 162 airplanes economic impact, positive or negative, in the U.S. registry would be affected by The regulations proposed herein on a substantial number of small entities the proposed AD, that it would take would not have substantial direct effects under the criteria of the Regulatory approximately 1 workhour per airplane on the States, on the relationship Flexibility Act. A copy of the draft

VerDate 06-OCT-99 16:47 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm07 PsN: 12OCP1 55204 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules regulatory evaluation prepared for this • Wing and Tail Leading Edge Pneumatic DEPARTMENT OF TRANSPORTATION action has been placed in the Rules Deicing Boot System, if installed, must be Docket. A copy of it may be obtained by activated: Federal Aviation Administration contacting the Rules Docket at the —At the first sign of ice formation location provided under the caption anywhere on the aircraft, or upon 14 CFR Part 39 ADDRESSES. annunciation from an ice detector [Docket No. 99±CE±49±AD] system, whichever occurs first; and List of Subjects in 14 CFR Part 39 RIN 2120±AA64 —The system must either be continued to Air transportation, Aircraft, Aviation be operated in the automatic cycling Airworthiness Directives; The New safety, Safety. mode, if available; or the system must be Piper Aircraft, Inc. PA±31 Series manually cycled as needed to minimize Airplanes The Proposed Amendment the ice accretions on the airframe. Accordingly, pursuant to the • The wing and tail leading edge AGENCY: Federal Aviation authority delegated to me by the pneumatic deicing boot system may be Administration, DOT. Administrator, the Federal Aviation deactivated only after leaving icing ACTION: Notice of proposed rulemaking Administration proposes to amend part conditions and after the airplane is (NPRM). 39 of the Federal Aviation Regulations determined to be clear of ice.’’ SUMMARY: This document proposes to (14 CFR part 39) as follows: (b) Incorporating the AFM revisions, as required by this AD, may be performed by adopt a new airworthiness directive PART 39ÐAIRWORTHINESS the owner/operator holding at least a private (AD) that would apply to all The New DIRECTIVES pilot certificate as authorized by § 43.7 of the Piper Aircraft, Inc. (Piper) PA–31 series Federal Aviation Regulations (14 CFR 43.7), airplanes. The proposed AD would 1. The authority citation for part 39 and must be entered into the aircraft records require revising the Airplane Flight continues to read as follows: showing compliance with this AD in Manual (AFM) to include requirements accordance with § 43.9 of the Federal for activation of the airframe pneumatic Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Regulations (14 CFR 43.9). deicing boots. The proposed AD is the § 39.13 [Amended] (c) Special flight permits may be issued in result of reports of in-flight incidents accordance with § 21.197 and 21.199 of the and an accident that occurred in icing 2. Section 39.13 is amended by Federal Aviation Regulations (14 CFR 21.197 conditions where the airframe adding a new airworthiness directive and 21.199) to operate the airplane to a pneumatic deicing boots were not (AD) to read as follows: location where the requirements of this AD activated. The actions specified by the Bombardier Inc.: Docket No. 99–CE–44–AD. can be accomplished. proposed AD are intended to assure that Applicability: Models DHC–6–1, DHC–6– (d) An alternative method of compliance or flightcrews activate the pneumatic wing 100, DHC–6–200, DHC–6–300, all serial adjustment of the compliance time that and tail deicing boots at the first signs numbers equipped with pneumatic deicing provides an equivalent level of safety may be of ice accumulation. This action will boots, certificated in any category. approved by the Manager, Small Airplane prevent reduced controllability of the Note 1: This AD applies to each airplane Directorate, 1201 Walnut, suite 900, Kansas aircraft due to adverse aerodynamic identified in the preceding applicability City, Missouri 64106. The request shall be effects of ice adhering to the airplane provision, regardless of whether it has been forwarded through an appropriate FAA prior to the first deicing cycle. modified, altered, or repaired in the area Maintenance Inspector, who may add DATES: Comments must be received on subject to the requirements of this AD. For comments and then send it to the Manager, airplanes that have been modified, altered, or or before December 1, 1999. Small Airplane Directorate. repaired so that the performance of the ADDRESSES: Submit comments in requirements of this AD is affected, the Note 2: Information concerning the triplicate to the Federal Aviation owner/operator must request approval for an existence of approved alternative methods of Administration (FAA), Central Region, alternative method of compliance in compliance with this AD, if any, may be Office of the Regional Counsel, accordance with paragraph (d) of this AD. obtained from the Small Airplane Attention: Rules Docket No. 99–CE–49– The request should include an assessment of Directorate. the effect of the modification, alteration, or AD, Room 1558, 601 E. 12th Street, (e) Information related to this AD may be repair on the unsafe condition addressed by Kansas City, Missouri 64106. Comments this AD; and, if the unsafe condition has not examined at the FAA, Central Region, Office may be inspected at this location been eliminated, the request should include of the Regional Counsel, Room 1558, 601 E. between 8 a.m. and 4 p.m., Monday specific proposed actions to address it. 12th Street, Kansas City, Missouri 64106. through Friday, holidays excepted. Compliance: Required as indicated in the Issued in Kansas City, Missouri, on FOR FURTHER INFORMATION CONTACT: Mr. body of this AD, unless already October 4, 1999. John P. Dow, Sr., Aerospace Engineer, accomplished. Michael Gallagher, FAA, Small Airplane Directorate, 1201 To assure that flightcrews activate the wing and tail pneumatic deicing boots at the first Manager, Small Airplane Directorate, Aircraft Walnut, suite 900, Kansas City, Missouri signs of ice accumulation on the airplane, Certification Service. 64106; telephone: (816) 426–6932; accomplish the following: [FR Doc. 99–26572 Filed 10–8–99; 8:45 am] facsimile: (816) 426–2169. (a) Within 10 days after the effective date BILLING CODE 4910±13±U SUPPLEMENTARY INFORMATION: of this AD: Revise the Limitations Section of the FAA-approved Airplane Flight Manual Comments Invited (AFM) to include the following requirements Interested persons are invited to for activation of the ice protection systems. participate in the making of the This may be accomplished by inserting a proposed rule by submitting such copy of this AD in the AFM. ‘‘• Except for certain phases of flight written data, views, or arguments as where the AFM specifies that deicing boots they may desire. Communications should not be used (e.g., take-off, final should identify the Rules Docket approach, and landing), compliance with the number and be submitted in triplicate to following is required. the address specified above. All

VerDate 06-OCT-99 16:47 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm07 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55205 communications received on or before airplanes, and has determined that icing Delayed Activation of Pneumatic the closing date for comments, specified incidents may have occurred because Deicing Boots above, will be considered before taking pneumatic deicing boots were not In accordance with manufacturer action on the proposed rule. The activated at the first evidence of ice instructions and FAA-approved airplane proposals contained in this notice may accretion. As a result, the handling flight manual (AFM) procedures, the be changed in light of the comments qualities or the controllability of the flightcrews of most airplanes equipped received. airplane may have been reduced due to with pneumatic deicing boots delay the Comments are specifically invited on the accumulated ice. That factor was initial activation of the boots until a the overall regulatory, economic, present in the accident discussed certain quantity of ice has accumulated environmental, and energy aspects of previously and, as such, constitutes an on the protected surfaces (boots). Some the proposed rule. All comments unsafe condition. crews routinely wait for 1⁄4 to 1⁄2 inch of submitted will be available, both before ice to accumulate, and at least one and after the closing date for comments, Request for Information airplane type is routinely flown with up in the Rules Docket for examination by 1 interested persons. A report that On October 1, 1998, the FAA sent to 1 ⁄2 inches of ice on the protected summarizes each FAA-public contact letters to certain manufacturers of surfaces before the initial activation of concerned with the substance of this airplanes certified in accordance with the deicing boots. proposal will be filed in the Rules part 25 of the Federal Aviation Ice Bridging Docket. Regulations (14 CFR part 25). The letters In the past, concern about ‘‘ice Commenters wishing the FAA to requested certain icing system design bridging’’ on early pneumatic deicing acknowledge receipt of their comments information and operational procedures boot designs resulted in the common submitted in response to this notice applicable to their airplanes concerning practice of delaying activation of ice must submit a self-addressed, stamped flight during icing conditions. The postcard on which the following protection. Ice bridging of pneumatic letters also requested that manufacturers deicing boots occurred when a thin statement is made: ‘‘Comments to provide data showing that the aircraft Docket No.99–CE–49–AD.’’ The layer of ice is sufficiently plastic to has safe operating characteristics with deform to the shape of the inflated postcard will be date stamped and ice accreted on the protected surfaces returned to the commenter. deicing boot tube without being (boots). The manufacturers were asked fractured and shed during the ensuing Availability of NPRMs to provide data using the following tube deflation. As the deformed ice assumptions: The most adverse ice Any person may obtain a copy of this hardens and accretes additional ice, the accumulation possible during operation NPRM by submitting a request to the deicing boot becomes ineffective in in the icing envelope specified in part FAA, Central Region, Office of the shedding the ‘‘sheath’’ of ice. However, 25, Appendix C of the Federal Aviation Regional Counsel, Attention: Rules ice accumulation resulting from delayed Regulations (14 CFR part 25), and that Docket No. 99–CE–49–AD, Room 1558, activation may pose an unsafe condition recommended procedures for deicing 601 E. 12th Street, Kansas City, Missouri due to the resultant adverse 64106. boot operation were used. Additionally, aerodynamic effects on the airplane’s the manufacturers were asked to performance or handling qualities. Discussion provide information related to operation In November 1997, the FAA and the On January 9, 1997, an Empresa of the autopilot during icing conditions, National Aeronautics and Space Brazileira de Aeronautica, S.A. and for information related to Administration (NASA) co-sponsored (EMBRAER) Model EMB–120RT series appropriate operating speeds for icing an international workshop on aircraft airplane was involved in an operations. deicing boot ice bridging. The objective uncommanded roll excursion and No information received, as a result of of the workshop was to provide an open consequent rapid descent that resulted that request, has caused the FAA to forum for investigating the existence of in an accident near Monroe, Michigan. reconsider the previous conclusion that deicing boot bridging and other The post-accident investigation an unsafe condition may exist. concerns related to activating ice conducted by the National protection systems at the initial Transportation Safety Board (NTSB) Public Meeting detection of inflight icing. Sixty-seven concluded that the airplane had representatives from airframe and accumulated a thin, rough layer of ice Subsequent to the collection of those deicing boot manufacturers, various on its lifting surfaces. That design and operational data, the FAA airlines, the pilot community, NASA, accumulation of ice, in combination held an international conference on the National Transportation Safety with the slowing of the airplane to an ‘‘Inflight Operations in Icing Board, non-US civil aviation authorities, airspeed inappropriate for the icing Conditions’’, in Washington, DC, on and the FAA participated. At the conditions in which the airplane was February 2–4, 1999. The purpose of the workshop no evidence was presented to flying, resulted in loss of control that conference was to discuss the status of substantiate that aircraft with modern was not corrected before the airplane the FAA Icing Plan and other related deicing boot designs experience ice impacted the ground. The NTSB also efforts. Additionally, the conference bridging. The general consensus of the concluded that the flight crew did not provided a forum for representatives of workshop participants was that ice activate the wing and tail pneumatic industry to express their viewpoints on bridging is not a problem for modern deicing boots. An NTSB current information related to activation pneumatic deicing boot designs due to recommendation related to this accident of deicing boots, minimum airspeeds, the use of higher air supply pressures, requested that the FAA mandate that autopilot operation in icing conditions, faster boot inflation and deflation pneumatic deicing boots be turned on as flightcrew information needs, and cycles, and smaller boot chambers. Icing soon as the airplane enters icing flightcrew training. Certain information wind tunnel and flight testing of these conditions. presented at that meeting is discussed in newer design features with automatic The FAA has reviewed the icing- this proposed rule in the following cycling have demonstrated successful related incident history of certain section. shedding of ice when activated at the

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 55206 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules onset of ice accretion, with ice not shed concern discussed at the conference was immediately before or during the on the initial deicing boot cycle the possibility that early activation of landing flare or the takeoff rotation may continuing to increase in thickness and the ice protection system might degrade cause unexpected loss of lift or other being shed during subsequent cycles. the ice shedding effectiveness of the adverse aerodynamic events. This During the previously discussed deicing boots, resulting in increased proposed AD explicitly does not November 1997 international workshop, residual ice, i.e., there would be more supersede procedures in the AFM that the inability of flightcrews to accurately ice fragments remaining on the deicing prohibit using deicing boots for certain gauge wing and control surfaces ice boots than would exist if a more phases of flight (e.g., during take-off, accretion thickness before activating the substantial quantity of ice was allowed final approach, and landing). deicing boots was recognized. Also, to form before the first ice shedding The FAA specifically invites the increased airplane drag resulting from cycle. However, the FAA does not submission of comments and other data ice accretion was recognized as a concur. No data has been provided that regarding adverse effects that may occur potential contributing cause of shows that the presence of residual ice inadvertent airspeed loss that following an earlier activation of the during specific phases of flight, characterized most in-flight icing related deicing boots is more hazardous than including takeoff, final approach, or accidents and incidents. Two airframe delaying cycling of the boots until the landing. Any recommended speed manufacturers, whose products ice accretes to a larger, specific restrictions or other operational comprise a substantial percentage of the thickness. In fact, testing in icing procedures that would be necessary in turbopropeller transport fleet, reported conditions has shown that residual ice order to mitigate any adverse that, because of these concerns they remaining on the boots after the initial aerodynamic effects of deicing boot recommend activating the automatic boot cycle is removed during inflation during critical phases of flight airframe deicing system at first onset of subsequent cycles. should be fully explained and airframe icing. Those manufacturers As reported during the November documented. have received no reports of deicing boot 1997 international workshop, The FAA’s Determination ice bridging events for these airplanes. manufacturers of a substantial The FAA considers that ice percentage of the turbopropeller The FAA is aware that, based on accumulation on protected surfaces due transport fleet have reported satisfactory previous procedures provided to to delayed boot activation constitutes a in-flight icing operations of their flightcrews of many airplanes equipped potential safety concern. However, the products with recommended procedures with deicing boots, a historical FAA recognizes that not all airplanes to activate operation of the deicing boots precedent has been set that permits may be equipped with ‘‘modern’’ in the automatic mode at the onset of waiting to activate the deicing deicing boots (as that term is used in airframe icing. equipment. In light of this information this NPRM). The FAA specifically Therefore, the FAA considers that the and based on reports received, the FAA invites the submission of comments and activation of pneumatic wing and tail considers that certain procedures other data regarding the effects of this deicing boots at the first signs of ice should be included in the Limitations proposed AD on airplanes equipped accumulation is warranted. The FAA Section of the AFM for all Piper PA–31 with older pneumatic deicing boots, specifically invites the submission of series airplanes to require immediate including arguments for the retention of data to substantiate that operating the activation of the ice protection systems existing activation delays for these deicing boots at the first sign of ice when any ice accumulation is detected older-style deicing boots. accretions is more hazardous than on the airplane. delaying boot activation until a specific Residual Ice thickness of ice has accumulated. This proposed action is one of a During the February conference, the number of proposed AD’s being issued attendees agreed that the airplane is at Other Considerations on airplanes that have been determined risk while the airplane is accreting ice, The FAA recognizes that there may be to be subject to the same identified and that the airplane must be some phases of flight during which use unsafe conditions. Currently proposed adequately protected to ensure that no of the deicing boots may be AD’s for other airplanes that are adverse handling and performance inappropriate. For example, a deicing equipped with pneumatic deicing boots characteristics develop. An additional boot inflation cycle that begins address the following airplanes:

Airplane models Docket No.

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Airplane models Docket No.

Cessna Aircraft Company, Models 500, 550, and 560 Airplanes ...... 99±NM±136±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 99±NM±137±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 99±NM±138±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 99±NM±139±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 99±NM±140±AD Frakes Aviation, Model, G±73 (Mallard) and G±73T Series Airplanes ...... 99±NM±141±AD Lockheed, Models L±14 and L±18 Series Airplanes, ...... 99±NM±142±AD Fairchild, Models F27 and FH227 Series Airplanes, ...... 99±NM±143±AD Aerospatiale, Models ATR±42/ATR±72 Series Airplanes, ...... 99±NM±144±AD Jetstream, Model BAe ATP Airplanes, ...... 99±NM±145±AD Jetstream, Model 4101 Airplanes, ...... 99±NM±146±AD British Aerospace, Model HS 748 Series Airplanes, ...... 99±NM±147±AD Saab Model, SF340A/SAAB 340B/SAAB 2000, Series Airplanes ...... 99±NM±148±AD CASA, Model C±212/CN±235 Series Airplanes ...... 99±NM±149±AD Dornier, Model 328±100 Series Airplanes ...... 99±NM±150±AD Lockheed, Model 1329±23 and 1329±25, (Lockheed Jetstar) Series Airplanes ...... 99±NM±151±AD de Havilland, Model DHC±7/DHC±8 Series Airplanes ...... 99±NM±152±AD Fokker, Model F27 Mark 100/200/300/400/500/600/700/050 Series Airplanes ...... 99±NM±153±AD Short Brothers, Model SD3±30/SD3±60/SD3±SHERPA Series Airplanes ...... 99±NM±154±AD

Explanation of the Provisions of the 12612, it is determined that this § 39.13 [Amended] Proposed AD proposal would not have sufficient 2. Section 39.13 is amended by Since an unsafe condition has been federalism implications to warrant the adding a new airworthiness directive identified that is likely to exist or preparation of a Federalism Assessment. (AD) to read as follows: develop in other Piper PA–31 series For the reasons discussed above, I The New Piper Aircraft, Inc.: Docket No. 99– airplanes of the same type design certify that this action (1) is not a CE–49–AD. registered in the United States, the FAA ‘‘significant regulatory action’’ under Applicability: The following model is proposing AD action. The proposed Executive Order 12866; (2) is not a airplanes, all serial numbers equipped with AD would require revising the pneumatic deicing boots, certificated in any ‘‘significant rule’’ under DOT category. Limitations Section of the AFM to Regulatory Policies and Procedures (44 include requirements for activation of FR 11034, February 26, 1979); and (3) if Models pneumatic deicing boots at the first promulgated, will not have a significant PA–31, PA–31–300, PA–31–325, PA–31–350, indication of ice accumulation on the PA–31P, PA–31T, PA–31T1, PA–31T2, airplane. economic impact, positive or negative, on a substantial number of small entities PA–31T3, PA–31P–350 Cost Impact under the criteria of the Regulatory Note 1: This AD applies to each airplane identified in the preceding applicability The FAA estimates that 2314 Flexibility Act. A copy of the draft provision, regardless of whether it has been airplanes in the U.S. registry would be regulatory evaluation prepared for this modified, altered, or repaired in the area affected by the proposed AD, that it action has been placed in the Rules subject to the requirements of this AD. For would take approximately 1 workhour Docket. A copy of it may be obtained by airplanes that have been modified, altered, or per airplane to accomplish the proposed contacting the Rules Docket at the repaired so that the performance of the AFM revisions. Accomplishing the location provided under the caption requirements of this AD is affected, the proposed AFM revision requirements of owner/operator must request approval for an ADDRESSES. alternative method of compliance in this NPRM may be performed by the List of Subjects in 14 CFR Part 39 accordance with paragraph (d) of this AD. owner/operator holding at least a The request should include an assessment of private pilot certificate as authorized by Air transportation, Aircraft, Aviation the effect of the modification, alteration, or section 43.7 of the Federal Aviation repair on the unsafe condition addressed by safety, Safety. Regulations (14 CFR 43.7), and must be this AD; and, if the unsafe condition has not entered into the aircraft records showing The Proposed Amendment been eliminated, the request should include compliance with the proposed AD in specific proposed actions to address it. accordance with section 43.9 of the Accordingly, pursuant to the Compliance: Required as indicated in the Federal Aviation Regulations (14 CFR authority delegated to me by the body of this AD, unless already 43.9). The only cost impact of the Administrator, the Federal Aviation accomplished. Administration proposes to amend part To assure that flightcrews activate the wing proposed AD is the time it would take and tail pneumatic deicing boots at the first each owner/operator of the affected 39 of the FederalAviation Regulations signs of ice accumulation on the airplane, airplanes to insert the information into (14 CFR part 39) as follows: accomplish the following: the AFM. (a) Within 10 days after the effective date PART 39ÐAIRWORTHINESS of this AD: Revise the Limitations Section of Regulatory Impact DIRECTIVES the FAA-approved Airplane Flight Manual The regulations proposed herein (AFM) to include the following requirements would not have substantial direct effects 1. The authority citation for part 39 for activation of the ice protection systems. on the States, on the relationship continues to read as follows: This may be accomplished by inserting a between the national government and copy of this AD in the AFM. Authority: 49 U.S.C. 106(g), 40113, 44701. ‘‘• Except for certain phases of flight the States, or on the distribution of where the AFM specifies that deicing boots power and responsibilities among the should not be used (e.g., take-off, final various levels of government. Therefore, approach, and landing), compliance with the in accordance with Executive Order following is required.

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 55208 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules

• Wing and Tail Leading Edge Pneumatic DEPARTMENT OF TRANSPORTATION the address specified above. All Deicing Boot System, if installed, must be communications received on or before activated: Federal Aviation Administration the closing date for comments, specified —At the first sign of ice formation above, will be considered before taking anywhere on the aircraft, or upon 14 CFR Part 39 action on the proposed rule. The annunciation from an ice detector [Docket No. 99±CE±47±AD] proposals contained in this notice may system, whichever occurs first; and be changed in light of the comments RIN 2120±AA64 —The system must either be continued to received. be operated in the automatic cycling Airworthiness Directives; AeroSpace Comments are specifically invited on mode, if available; or the system must be Technologies of Australia Pty Ltd. the overall regulatory, economic, manually cycled as needed to minimize Models N22B and N24A Airplanes environmental, and energy aspects of the ice accretions on the airframe. the proposed rule. All comments • The wing and tail leading edge AGENCY: Federal Aviation submitted will be available, both before pneumatic deicing boot system may be Administration, DOT. and after the closing date for comments, deactivated only after leaving icing ACTION: Notice of proposed rulemaking in the Rules Docket for examination by conditions and after the airplane is (NPRM). interested persons. A report that determined to be clear of ice.’’ summarizes each FAA-public contact (b) Incorporating the AFM revisions, as SUMMARY: This document proposes to concerned with the substance of this required by this AD, may be performed by adopt a new airworthiness directive proposal will be filed in the Rules the owner/operator holding at least a private (AD) that would apply to all AeroSpace Docket. pilot certificate as authorized by section 43.7 Technologies of Australia Pty Ltd. Commenters wishing the FAA to of the Federal Aviation Regulations (14 CFR (AeroSpace Technologies) Models N22B acknowledge receipt of their comments 43.7), and must be entered into the aircraft and N24A airplanes. The proposed AD submitted in response to this notice records showing compliance with this AD in would require revising the Airplane must submit a self-addressed, stamped accordance with section 43.9 of the Federal Flight Manual (AFM) to include postcard on which the following Aviation Regulations (14 CFR 43.9). requirements for activation of the statement is made: ‘‘Comments to (c) Special flight permits may be issued in airframe pneumatic deicing boots. The Docket No. 99–CE–47–AD.’’ The accordance with sections 21.197 and 21.199 proposed AD is the result of reports of postcard will be date stamped and of the Federal Aviation Regulations (14 CFR in-flight incidents and an accident that returned to the commenter. 21.197 and 21.199) to operate the airplane to occurred in icing conditions where the a location where the requirements of this AD airframe pneumatic deicing boots were Availability of NPRMs can be accomplished. not activated. The actions specified by Any person may obtain a copy of this (d) An alternative method of compliance or the proposed AD are intended to assure NPRM by submitting a request to the adjustment of the compliance time that that flightcrews activate the pneumatic FAA, Central Region, Office of the provides an equivalent level of safety may be wing and tail deicing boots at the first approved by the Manager, Small Airplane Regional Counsel, Attention: Rules signs of ice accumulation. This action Docket No. 99–CE–47–AD, Room 1558, Directorate, 1201 Walnut, suite 900, Kansas will prevent reduced controllability of City, Missouri 64106. The request shall be 601 E. 12th Street, Kansas City, Missouri the aircraft due to adverse aerodynamic 64106. forwarded through an appropriate FAA effects of ice adhering to the airplane Maintenance Inspector, who may add prior to the first deicing cycle. Discussion comments and then send it to the Manager, DATES: Comments must be received on Small Airplane Directorate. On January 9, 1997, an Empresa or before December 1, 1999. Brazileira de Aeronautica, S.A. Note 2: Information concerning the ADDRESSES: Submit comments in (EMBRAER) Model EMB–120RT series existence of approved alternative methods of triplicate to the Federal Aviation compliance with this AD, if any, may be airplane was involved in an Administration (FAA), Central Region, uncommanded roll excursion and obtained from the Small Airplane Office of the Regional Counsel, Directorate. consequent rapid descent that resulted Attention: Rules Docket No. 99–CE–47– in an accident near Monroe, Michigan. (e) Information related to this AD may be AD, Room 1558, 601 E. 12th Street, The post-accident investigation examined at the FAA, Central Region, Office Kansas City, Missouri 64106. Comments conducted by the National of the Regional Counsel, Room 1558, 601 E. may be inspected at this location Transportation Safety Board (NTSB) 12th Street, Kansas City, Missouri 64106. between 8 a.m. and 4 p.m., Monday concluded that the airplane had Issued in Kansas City, Missouri, on through Friday, holidays excepted. accumulated a thin, rough layer of ice October 4, 1999. FOR FURTHER INFORMATION CONTACT: Mr. on its lifting surfaces. That Michael Gallagher, John P. Dow, Sr., Aerospace Engineer, accumulation of ice, in combination Manager, Small Airplane Directorate, Aircraft FAA, Small Airplane Directorate, 1201 with the slowing of the airplane to an Certification Service. Walnut, suite 900, Kansas City, Missouri airspeed inappropriate for the icing [FR Doc. 99–26570 Filed 10–8–99; 8:45 am] 64106; telephone: (816) 426–6932; conditions in which the airplane was BILLING CODE 4910±13±P facsimile: (816) 426–2169. flying, resulted in loss of control that SUPPLEMENTARY INFORMATION: was not corrected before the airplane impacted the ground. The NTSB also Comments Invited concluded that the flight crew did not Interested persons are invited to activate the wing and tail pneumatic participate in the making of the deicing boots. An NTSB proposed rule by submitting such recommendation related to this accident written data, views, or arguments as requested that the FAA mandate that they may desire. Communications pneumatic deicing boots be turned on as should identify the Rules Docket soon as the airplane enters icing number and be submitted in triplicate to conditions.

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The FAA has reviewed the icing- Delayed Activation of Pneumatic onset of ice accretion, with ice not shed related incident history of certain Deicing Boots on the initial deicing boot cycle airplanes, and has determined that icing In accordance with manufacturer continuing to increase in thickness and incidents may have occurred because instructions and FAA-approved airplane being shed during subsequent cycles. During the previously discussed pneumatic deicing boots were not flight manual (AFM) procedures, the November 1997 international workshop, activated at the first evidence of ice flightcrews of most airplanes equipped the inability of flightcrews to accurately accretion. As a result, the handling with pneumatic deicing boots delay the gauge wing and control surfaces ice qualities or the controllability of the initial activation of the boots until a accretion thickness before activating the airplane may have been reduced due to certain quantity of ice has accumulated deicing boots was recognized. Also, the accumulated ice. That factor was on the protected surfaces (boots). Some present in the accident discussed increased airplane drag resulting from crews routinely wait for 1⁄4 to 1⁄2 inch of previously and, as such, constitutes an ice accretion was recognized as a ice to accumulate, and at least one potential contributing cause of unsafe condition. airplane type is routinely flown with up 1 inadvertent airspeed loss that Request for Information to 1 ⁄2 inches of ice on the protected characterized most in-flight icing related surfaces before the initial activation of accidents and incidents. Two airframe On October 1, 1998, the FAA sent the deicing boots. letters to certain manufacturers of manufacturers, whose products airplanes certified in accordance with Ice Bridging comprise a substantial percentage of the turbopropeller transport fleet, reported part 25 of the Federal Aviation In the past, concern about ‘‘ice that, because of these concerns they Regulations (14 CFR part 25). The letters bridging’’ on early pneumatic deicing recommend activating the automatic requested certain icing system design boot designs resulted in the common airframe deicing system at first onset of information and operational procedures practice of delaying activation of ice airframe icing. Those manufacturers applicable to their airplanes concerning protection. Ice bridging of pneumatic have received no reports of deicing boot flight during icing conditions. The deicing boots occurred when a thin letters also requested that manufacturers ice bridging events for these airplanes. layer of ice is sufficiently plastic to The FAA considers that ice provide data showing that the aircraft deform to the shape of the inflated has safe operating characteristics with accumulation on protected surfaces due deicing boot tube without being to delayed boot activation constitutes a ice accreted on the protected surfaces fractured and shed during the ensuing potential safety concern. However, the (boots). The manufacturers were asked tube deflation. As the deformed ice FAA recognizes that not all airplanes to provide data using the following hardens and accretes additional ice, the may be equipped with ‘‘modern’’ assumptions: The most adverse ice deicing boot becomes ineffective in deicing boots (as that term is used in accumulation possible during operation shedding the ‘‘sheath’’ of ice. However, this NPRM). The FAA specifically in the icing envelope specified in part ice accumulation resulting from delayed invites the submission of comments and 25, Appendix C of the Federal Aviation activation may pose an unsafe condition other data regarding the effects of this Regulations (14 CFR part 25), and that due to the resultant adverse proposed AD on airplanes equipped recommended procedures for deicing aerodynamic effects on the airplane’s with older pneumatic deicing boots, boot operation were used. Additionally, performance or handling qualities. including arguments for the retention of the manufacturers were asked to In November 1997, the FAA and the existing activation delays for these provide information related to operation National Aeronautics and Space older-style deicing boots. of the autopilot during icing conditions, Administration (NASA) co-sponsored and for information related to an international workshop on aircraft Residual Ice appropriate operating speeds for icing deicing boot ice bridging. The objective During the February conference, the operations. of the workshop was to provide an open attendees agreed that the airplane is at No information received, as a result of forum for investigating the existence of risk while the airplane is accreting ice, that request, has caused the FAA to deicing boot bridging and other and that the airplane must be reconsider the previous conclusion that concerns related to activating ice adequately protected to ensure that no an unsafe condition may exist. protection systems at the initial adverse handling and performance detection of inflight icing. Sixty-seven characteristics develop. An additional Public Meeting representatives from airframe and concern discussed at the conference was Subsequent to the collection of those deicing boot manufacturers, various the possibility that early activation of design and operational data, the FAA airlines, the pilot community, NASA, the ice protection system might degrade held an international conference on the National Transportation Safety the ice shedding effectiveness of the ‘‘Inflight Operations in Icing Board, non-US civil aviation authorities, deicing boots, resulting in increased Conditions’’, in Washington, DC, on and the FAA participated. At the residual ice, i.e., there would be more February 2–4, 1999. The purpose of the workshop no evidence was presented to ice fragments remaining on the deicing conference was to discuss the status of substantiate that aircraft with modern boots than would exist if a more the FAA Icing Plan and other related deicing boot designs experience ice substantial quantity of ice was allowed efforts. Additionally, the conference bridging. The general consensus of the to form before the first ice shedding provided a forum for representatives of workshop participants was that ice cycle. However, the FAA does not industry to express their viewpoints on bridging is not a problem for modern concur. No data has been provided that current information related to activation pneumatic deicing boot designs due to shows that the presence of residual ice of deicing boots, minimum airspeeds, the use of higher air supply pressures, following an earlier activation of the autopilot operation in icing conditions, faster boot inflation and deflation deicing boots is more hazardous than flightcrew information needs, and cycles, and smaller boot chambers. Icing delaying cycling of the boots until the flightcrew training. Certain information wind tunnel and flight testing of these ice accretes to a larger, specific presented at that meeting is discussed in newer design features with automatic thickness. In fact, testing in icing this proposed rule in the following cycling have demonstrated successful conditions has shown that residual ice section. shedding of ice when activated at the remaining on the boots after the initial

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 55210 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules boot cycle is removed during of the deicing boots may be The FAA’s Determination subsequent cycles. inappropriate. For example, a deicing The FAA is aware that, based on As reported during the November boot inflation cycle that begins previous procedures provided to 1997 international workshop, immediately before or during the manufacturers of a substantial flightcrews of many airplanes equipped landing flare or the takeoff rotation may with deicing boots, a historical percentage of the turbopropeller cause unexpected loss of lift or other transport fleet have reported satisfactory precedent has been set that permits adverse aerodynamic events. This waiting to activate the deicing in-flight icing operations of their proposed AD explicitly does not products with recommended procedures equipment. In light of this information supersede procedures in the AFM that and based on reports received, the FAA to activate operation of the deicing boots prohibit using deicing boots for certain in the automatic mode at the onset of considers that certain procedures phases of flight (e.g., during take-off, should be included in the Limitations airframe icing. final approach, and landing). Therefore, the FAA considers that the Section of the AFM for all AeroSpace activation of pneumatic wing and tail The FAA specifically invites the Technologies Models N22B and N24A deicing boots at the first signs of ice submission of comments and other data airplanes to require immediate accumulation is warranted. The FAA regarding adverse effects that may occur activation of the ice protection systems specifically invites the submission of during specific phases of flight, when any ice accumulation is detected data to substantiate that operating the including takeoff, final approach, or on the airplane. deicing boots at the first sign of ice landing. Any recommended speed This proposed action is one of a accretions is more hazardous than restrictions or other operational number of proposed AD’s being issued delaying boot activation until a specific procedures that would be necessary in on airplanes that have been determined thickness of ice has accumulated. order to mitigate any adverse to be subject to the same identified aerodynamic effects of deicing boot unsafe conditions. Currently proposed Other Considerations inflation during critical phases of flight AD’s for other airplanes that are The FAA recognizes that there may be should be fully explained and equipped with pneumatic deicing boots some phases of flight during which use documented. address the following airplanes:

Airplane models Docket No.

Industrie Aeronautiche e Meccaniche, Model Piaggio P±180 Airplanes ...... 99±CE±34±AD Pilatus Britten-Norman Ltd., BN±2T Series Airplanes ...... 99±CE±35±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 Airplanes ...... 99±CE±36±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models AP68TP 300 ``Spartacus'' and AP68TP 600 ``Viator'' Airplanes ...... 99±CE±37±AD Mitsubishi Heavy Industries, Ltd., MU±2B Series Airplanes ...... 99±CE±38±AD LET, a.s., Model L±420 Airplanes ...... 99±CE±39±AD British Aerospace, Jetstream Models 3101 and 3201 Airplanes ...... 99±CE±40±AD Harbin Aircraft Manufacturing Corp., Model Y12 IV airplanes ...... 99±CE±41±AD Empresa Brasileira de Aeronautica S.A. (Embraer), Models EMB±110P1 and EMB±110P2 Airplanes ...... 99±CE±42±AD Dornier Luftfahrt GmbH, 228 Series Airplanes ...... 99±CE±43±AD Bombardier Inc., DHC±6 Series Airplanes ...... 99±CE±44±AD The Cessna Aircraft Company, 208 Series Airplanes ...... 99±CE±45±AD Raytheon Aircraft Company, 90, 99, 100, 200, 300, 1900, and 2000 Series Airplanes ...... 99±CE±46±AD Short Brothers & Harland Ltd., Models SC±7 Series 2 and SC±7 Series 3 Airplanes ...... 99±CE±48±AD The New Piper Aircraft, Inc., PA±31 Series Airplanes ...... 99±CE±49±AD SOCATAÐGroupe AEROSPATIALE, Model TBM 700 Airplanes ...... 99±CE±50±AD Twin Commander Aircraft Corporation, 600 Series Airplanes ...... 99±CE±51±AD Fairchild Aircraft Corporation, SA226 and SA227 Series Airplanes ...... 99±CE±52±AD The Cessna Aircraft Company, Models 425 and 441 Airplanes ...... 99±CE±53±AD Cessna Aircraft Company, Models 500, 550, and 560 Airplanes ...... 99±NM±136±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 99±NM±137±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 99±NM±138±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 99±NM±139±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 99±NM±140±AD Frakes Aviation, Model, G±73 (Mallard) and G±73T Series Airplanes ...... 99±NM±141±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 99±NM±142±AD Fairchild Models F27 and FH227 Series Airplanes ...... 99±NM±143±AD Aerospatiale Models ATR±42/ATR±72 Series Airplanes ...... 99±NM±144±AD Jetstream, Model BAe ATP Airplanes ...... 99±NM±145±AD Jetstream, Model 4101 Airplanes ...... 99±NM±146±AD British Aerospace Model HS 748 Series Airplanes ...... 99±NM±147±AD Saab, Model SF340A/SAAB 340B/SAAB 2000 Series Airplanes ...... 99±NM±148±AD CASA Model C±212/CN±235 Series Airplanes ...... 99±NM±149±AD Dornier Model 328±100 Series Airplanes ...... 99±NM±150±AD Lockheed Model 1329±23 and 1329±25 (Lockheed Jetstar) Series Airplanes ...... 99±NM±151±AD de Havilland, Model DHC±7/DHC±8 Series Airplanes ...... 99±NM±152±AD Fokker, Model F27 Mark 100/200/300/400/500/600/700/050 Series Airplanes ...... 99±NM±153±AD Short Brothers, Model SD3±30/SD3±60/SD3-SHERPA Series Airplanes ...... 99±NM±154±AD

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Explanation of the Provisions of the location provided under the caption annunciation from an ice detector Proposed AD ADDRESSES. system, whichever occurs first; and —The system must either be continued to Since an unsafe condition has been List of Subjects in 14 CFR Part 39 be operated in the automatic cycling identified that is likely to exist or Air transportation, Aircraft, Aviation mode, if available; or the system must be develop in other AeroSpace safety, Safety. manually cycled as needed to minimize Technologies Models N22B and N24A the ice accretions on the airframe. airplanes of the same type design The Proposed Amendment • The wing and tail leading edge registered in the United States, the FAA Accordingly, pursuant to the pneumatic deicing boot system may be is proposing AD action. The proposed authority delegated to me by the deactivated only after leaving icing conditions and after the airplane is AD would require revising the Administrator, the Federal Aviation determined to be clear of ice.’’ Limitations Section of the AFM to Administration proposes to amend part (b) Incorporating the AFM revisions, as include requirements for activation of 39 of the Federal Aviation Regulations required by this AD, may be performed by pneumatic deicing boots at the first (14 CFR part 39) as follows: the owner/operator holding at least a private indication of ice accumulation on the pilot certificate as authorized by section 43.7 airplane. PART 39ÐAIRWORTHINESS of the Federal Aviation Regulations (14 CFR DIRECTIVES 43.7), and must be entered into the aircraft Cost Impact records showing compliance with this AD in 1. The authority citation for part 39 accordance with section 43.9 of the Federal The FAA estimates that 10 airplanes continues to read as follows: Aviation Regulations (14 CFR 43.9). in the U.S. registry would be affected by Authority: 49 U.S.C. 106(g), 40113, 44701. (c) Special flight permits may be issued in the proposed AD, that it would take accordance with sections 21.197 and 21.199 approximately 1 workhour per airplane § 39.13 [Amended] of the Federal Aviation Regulations (14 CFR to accomplish the proposed AFM 2. Section 39.13 is amended by 21.197 and 21.199) to operate the airplane to revisions. Accomplishing the proposed adding a new airworthiness directive a location where the requirements of this AD AFM revision requirements of this (AD) to read as follows: can be accomplished. NPRM may be performed by the owner/ (d) An alternative method of compliance or Aerospace Technologies of Australia Pty adjustment of the compliance time that operator holding at least a private pilot Ltd.: Docket No. 99–CE–47–AD. provides an equivalent level of safety may be certificate as authorized by section 43.7 Applicability: Models N22B and N24A approved by the Manager, Small Airplane of the Federal Aviation Regulations (14 airplanes, all serial numbers equipped with Directorate, 1201 Walnut, suite 900, Kansas CFR 43.7), and must be entered into the pneumatic deicing boots, certificated in any City, Missouri 64106. The request shall be aircraft records showing compliance category. forwarded through an appropriate FAA with the proposed AD in accordance Note 1: This AD applies to each airplane Maintenance Inspector, who may add with section 43.9 of the Federal identified in the preceding applicability comments and then send it to the Manager, Aviation Regulations (14 CFR 43.9). The provision, regardless of whether it has been Small Airplane Directorate. only cost impact of the proposed AD is modified, altered, or repaired in the area Note 2: Information concerning the the time it would take each owner/ subject to the requirements of this AD. For existence of approved alternative methods of operator of the affected airplanes to airplanes that have been modified, altered, or compliance with this AD, if any, may be repaired so that the performance of the obtained from the Small Airplane insert the information into the AFM. requirements of this AD is affected, the Directorate. Regulatory Impact owner/operator must request approval for an (e) Information related to this AD may be alternative method of compliance in examined at the FAA, Central Region, Office The regulations proposed herein accordance with paragraph (d) of this AD. of the Regional Counsel, Room 1558, 601 E. would not have substantial direct effects The request should include an assessment of 12th Street, Kansas City, Missouri 64106. the effect of the modification, alteration, or on the States, on the relationship Issued in Kansas City, Missouri, on repair on the unsafe condition addressed by between the national government and October 4, 1999. this AD; and, if the unsafe condition has not the States, or on the distribution of been eliminated, the request should include Michael Gallagher, power and responsibilities among the specific proposed actions to address it. Manager, Small Airplane Directorate, Aircraft various levels of government. Therefore, Compliance: Required as indicated in the Certification Service. in accordance with Executive Order body of this AD, unless already [FR Doc. 99–26571 Filed 10–8–99; 8:45 am] 12612, it is determined that this accomplished. BILLING CODE 4910±13±P proposal would not have sufficient To assure that flightcrews activate the wing federalism implications to warrant the and tail pneumatic deicing boots at the first preparation of a Federalism Assessment. signs of ice accumulation on the airplane, DEPARTMENT OF TRANSPORTATION accomplish the following: For the reasons discussed above, I (a) Within 10 days after the effective date Federal Aviation Administration certify that this action (1) is not a of this AD: Revise the Limitations Section of ‘‘significant regulatory action’’ under the FAA-approved Airplane Flight Manual 14 CFR Part 39 Executive Order 12866; (2) is not a (AFM) to include the following requirements ‘‘significant rule’’ under DOT for activation of the ice protection systems. [Docket No. 99±CE±50±AD] Regulatory Policies and Procedures (44 This may be accomplished by inserting a FR 11034, February 26, 1979); and (3) if copy of this AD in the AFM. RIN 2120±AA64 • promulgated, will not have a significant ‘‘ Except for certain phases of flight economic impact, positive or negative, where the AFM specifies that deicing boots Airworthiness Directives; SOCATAÐ should not be used (e.g., take-off, final on a substantial number of small entities Groupe AEROSPATIALE Model TBM approach, and landing), compliance with the 700 Airplanes under the criteria of the Regulatory following is required. Flexibility Act. A copy of the draft • Wing and Tail Leading Edge Pneumatic AGENCY: Federal Aviation regulatory evaluation prepared for this Deicing Boot System, if installed, must be Administration, DOT. action has been placed in the Rules activated: ACTION: Notice of proposed rulemaking Docket. A copy of it may be obtained by —At the first sign of ice formation (NPRM). contacting the Rules Docket at the anywhere on the aircraft, or upon

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SUMMARY: This document proposes to concerned with the substance of this part 25 of the Federal Aviation adopt a new airworthiness directive proposal will be filed in the Rules Regulations (14 CFR part 25). The letters (AD) that would apply to all SOCATA— Docket. requested certain icing system design Groupe AEROSPATIALE (SOCATA) Commenters wishing the FAA to information and operational procedures Model TBM 700 airplanes. The acknowledge receipt of their comments applicable to their airplanes concerning proposed AD would require revising the submitted in response to this notice flight during icing conditions. The Airplane Flight Manual (AFM) to must submit a self-addressed, stamped letters also requested that manufacturers include requirements for activation of postcard on which the following provide data showing that the aircraft the airframe pneumatic deicing boots. statement is made: ‘‘Comments to has safe operating characteristics with The proposed AD is the result of reports Docket No. 99–CE–50–AD.’’ The ice accreted on the protected surfaces of in-flight incidents and an accident postcard will be date stamped and (boots). The manufacturers were asked that occurred in icing conditions where returned to the commenter. to provide data using the following the airframe pneumatic deicing boots Availability of NPRMs assumptions: The most adverse ice were not activated. The actions accumulation possible during operation Any person may obtain a copy of this specified by the proposed AD are in the icing envelope specified in part NPRM by submitting a request to the intended to assure that flightcrews 25, Appendix C of the Federal Aviation FAA, Central Region, Office of the activate the pneumatic wing and tail Regulations (14 CFR part 25), and that Regional Counsel, Attention: Rules deicing boots at the first signs of ice recommended procedures for deicing Docket No. 99–CE–50–AD, Room 1558, accumulation. This action will prevent boot operation were used. Additionally, 601 E. 12th Street, Kansas City, Missouri reduced controllability of the aircraft the manufacturers were asked to 64106. due to adverse aerodynamic effects of provide information related to operation ice adhering to the airplane prior to the Discussion of the autopilot during icing conditions, first deicing cycle. On January 9, 1997, an Empresa and for information related to DATES: Comments must be received on Brazileira de Aeronautica, S.A. appropriate operating speeds for icing or before December 1, 1999. (EMBRAER) Model EMB–120RT series operations. ADDRESSES: Submit comments in airplane was involved in an No information received, as a result of triplicate to the Federal Aviation uncommanded roll excursion and that request, has caused the FAA to Administration (FAA), Central Region, consequent rapid descent that resulted reconsider the previous conclusion that Office of the Regional Counsel, in an accident near Monroe, Michigan. an unsafe condition may exist. Attention: Rules Docket No. 99–CE–50– The post-accident investigation AD, Room 1558, 601 E. 12th Street, conducted by the National Public Meeting Kansas City, Missouri 64106. Comments Transportation Safety Board (NTSB) may be inspected at this location Subsequent to the collection of those concluded that the airplane had design and operational data, the FAA between 8 a.m. and 4 p.m., Monday accumulated a thin, rough layer of ice through Friday, holidays excepted. held an international conference on on its lifting surfaces. That ‘‘Inflight Operations in Icing FOR FURTHER INFORMATION CONTACT: Mr. accumulation of ice, in combination Conditions’’, in Washington, DC, on John P. Dow, Sr., Aerospace Engineer, with the slowing of the airplane to an February 2–4, 1999. The purpose of the FAA, Small Airplane Directorate, 1201 airspeed inappropriate for the icing conference was to discuss the status of Walnut, suite 900, Kansas City, Missouri conditions in which the airplane was the FAA Icing Plan and other related 64106; telephone: (816) 426–6932; flying, resulted in loss of control that efforts. Additionally, the conference facsimile: (816) 426–2169. was not corrected before the airplane provided a forum for representatives of SUPPLEMENTARY INFORMATION: impacted the ground. The NTSB also industry to express their viewpoints on concluded that the flight crew did not Comments Invited current information related to activation activate the wing and tail pneumatic of deicing boots, minimum airspeeds, Interested persons are invited to deicing boots. An NTSB participate in the making of the autopilot operation in icing conditions, recommendation related to this accident flightcrew information needs, and proposed rule by submitting such requested that the FAA mandate that written data, views, or arguments as flightcrew training. Certain information pneumatic deicing boots be turned on as presented at that meeting is discussed in they may desire. Communications soon as the airplane enters icing should identify the Rules Docket this proposed rule in the following conditions. section. number and be submitted in triplicate to The FAA has reviewed the icing- the address specified above. All related incident history of certain Delayed Activation of Pneumatic communications received on or before airplanes, and has determined that icing Deicing Boots the closing date for comments, specified incidents may have occurred because above, will be considered before taking pneumatic deicing boots were not In accordance with manufacturer action on the proposed rule. The activated at the first evidence of ice instructions and FAA-approved airplane proposals contained in this notice may accretion. As a result, the handling flight manual (AFM) procedures, the be changed in light of the comments qualities or the controllability of the flightcrews of most airplanes equipped received. airplane may have been reduced due to with pneumatic deicing boots delay the Comments are specifically invited on the accumulated ice. That factor was initial activation of the boots until a the overall regulatory, economic, present in the accident discussed certain quantity of ice has accumulated environmental, and energy aspects of previously and, as such, constitutes an on the protected surfaces (boots). Some the proposed rule. All comments unsafe condition. crews routinely wait for 1⁄4 to 1⁄2 inch of submitted will be available, both before ice to accumulate, and at least one and after the closing date for comments, Request for Information airplane type is routinely flown with up in the Rules Docket for examination by On October 1, 1998, the FAA sent to 11⁄2 inches of ice on the protected interested persons. A report that letters to certain manufacturers of surfaces before the initial activation of summarizes each FAA-public contact airplanes certified in accordance with the deicing boots.

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Ice Bridging characterized most in-flight icing related Therefore, the FAA considers that the In the past, concern about ‘‘ice accidents and incidents. Two airframe activation of pneumatic wing and tail bridging’’ on early pneumatic deicing manufacturers, whose products deicing boots at the first signs of ice boot designs resulted in the common comprise a substantial percentage of the accumulation is warranted. The FAA practice of delaying activation of ice turbopropeller transport fleet, reported specifically invites the submission of protection. Ice bridging of pneumatic that, because of these concerns they data to substantiate that operating the deicing boots occurred when a thin recommend activating the automatic deicing boots at the first sign of ice layer of ice is sufficiently plastic to airframe deicing system at first onset of accretions is more hazardous than deform to the shape of the inflated airframe icing. Those manufacturers delaying boot activation until a specific deicing boot tube without being have received no reports of deicing boot thickness of ice has accumulated. ice bridging events for these airplanes. fractured and shed during the ensuing Other Considerations tube deflation. As the deformed ice The FAA considers that ice hardens and accretes additional ice, the accumulation on protected surfaces due The FAA recognizes that there may be deicing boot becomes ineffective in to delayed boot activation constitutes a some phases of flight during which use shedding the ‘‘sheath’’ of ice. However, potential safety concern. However, the of the deicing boots may be ice accumulation resulting from delayed FAA recognizes that not all airplanes inappropriate. For example, a deicing activation may pose an unsafe condition may be equipped with ‘‘modern’’ boot inflation cycle that begins due to the resultant adverse deicing boots (as that term is used in immediately before or during the this NPRM). The FAA specifically aerodynamic effects on the airplane’s landing flare or the takeoff rotation may invites the submission of comments and performance or handling qualities. cause unexpected loss of lift or other other data regarding the effects of this In November 1997, the FAA and the adverse aerodynamic events. This proposed AD on airplanes equipped National Aeronautics and Space proposed AD explicitly does not with older pneumatic deicing boots, Administration (NASA) co-sponsored supersede procedures in the AFM that including arguments for the retention of an international workshop on aircraft prohibit using deicing boots for certain existing activation delays for these deicing boot ice bridging. The objective phases of flight (e.g., during take-off, older-style deicing boots. of the workshop was to provide an open final approach, and landing). forum for investigating the existence of Residual Ice The FAA specifically invites the deicing boot bridging and other During the February conference, the submission of comments and other data concerns related to activating ice attendees agreed that the airplane is at regarding adverse effects that may occur protection systems at the initial risk while the airplane is accreting ice, during specific phases of flight, detection of inflight icing. Sixty-seven and that the airplane must be including takeoff, final approach, or representatives from airframe and adequately protected to ensure that no landing. Any recommended speed deicing boot manufacturers, various adverse handling and performance restrictions or other operational airlines, the pilot community, NASA, characteristics develop. An additional procedures that would be necessary in the National Transportation Safety concern discussed at the conference was order to mitigate any adverse Board, non-U.S. civil aviation the possibility that early activation of aerodynamic effects of deicing boot authorities, and the FAA participated. the ice protection system might degrade inflation during critical phases of flight At the workshop no evidence was the ice shedding effectiveness of the should be fully explained and presented to substantiate that aircraft deicing boots, resulting in increased documented. with modern deicing boot designs residual ice, i.e., there would be more experience ice bridging. The general ice fragments remaining on the deicing The FAA’s Determination consensus of the workshop participants boots than would exist if a more The FAA is aware that, based on was that ice bridging is not a problem substantial quantity of ice was allowed for modern pneumatic deicing boot previous procedures provided to to form before the first ice shedding flightcrews of many airplanes equipped designs due to the use of higher air cycle. However, the FAA does not supply pressures, faster boot inflation with deicing boots, a historical concur. No data has been provided that precedent has been set that permits and deflation cycles, and smaller boot shows that the presence of residual ice chambers. Icing wind tunnel and flight waiting to activate the deicing following an earlier activation of the equipment. In light of this information testing of these newer design features deicing boots is more hazardous than and based on reports received, the FAA with automatic cycling have delaying cycling of the boots until the considers that certain procedures demonstrated successful shedding of ice ice accretes to a larger, specific should be included in the Limitations when activated at the onset of ice thickness. In fact, testing in icing Section of the AFM for all SOCATA accretion, with ice not shed on the conditions has shown that residual ice Model TBM 700 airplanes to require initial deicing boot cycle continuing to remaining on the boots after the initial immediate activation of the ice increase in thickness and being shed boot cycle is removed during protection systems when any ice during subsequent cycles. subsequent cycles. During the previously discussed As reported during the November accumulation is detected on the November 1997 international workshop, 1997 international workshop, airplane. the inability of flightcrews to accurately manufacturers of a substantial This proposed action is one of a gauge wing and control surfaces ice percentage of the turbopropeller number of proposed AD’s being issued accretion thickness before activating the transport fleet have reported satisfactory on airplanes that have been determined deicing boots was recognized. Also, in-flight icing operations of their to be subject to the same identified increased airplane drag resulting from products with recommended procedures unsafe conditions. Currently proposed ice accretion was recognized as a to activate operation of the deicing boots AD’s for other airplanes that are potential contributing cause of in the automatic mode at the onset of equipped with pneumatic deicing boots inadvertent airspeed loss that airframe icing. address the following airplanes:

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Airplane models Docket No.

Industrie Aeronautiche e Meccaniche, Model Piaggio P±180 Airplanes ...... 99±CE±34±AD Pilatus Britten-Norman Ltd., BN±2T Series Airplanes ...... 99±CE±35±AD Pilatus Aircraft Ltd., Models PC±12 and PC±12/45 Airplanes ...... 99±CE±36±AD Partenavia Costruzioni Aeronauticas, S.p.A., Models AP68TP 300 ``Spartacus'' and AP68TP 600 ``Viator'' Airplanes ...... 99±CE±37±AD Mitsubishi Heavy Industries, Ltd., MU±2B Series Airplanes ...... 99±CE±38±AD LET, a.s., Model L±420 Airplanes ...... 99±CE±39±AD British Aerospace, Jetstream Models 3101 and 3201 Airplanes ...... 99±CE±40±AD Harbin Aircraft Manufacturing Corp., Model Y12 IV airplanes ...... 99±CE±41±AD Empresa Brasileira de Aeronautica S.A. (Embraer), Models EMB±110P1 and EMB±110P2 Airplanes ...... 99±CE±42±AD Dornier Luftfahrt GmbH, 228 Series Airplanes ...... 99±CE±43±AD Bombardier, Inc., DHC±6 Series Airplanes ...... 99±CE±44±AD The Cessna Aircraft Company, 208 Series Airplanes ...... 99±CE±45±AD Raytheon Aircraft Company, 90, 99, 100, 200, 300, 1900, and 2000 Series Airplanes ...... 99±CE±46±AD AeroSpace Technologies Of Australia Pty Ltd., Models N22B and N24A ...... 99±CE±47±AD Short Brothers & Harland Ltd., Models SC±7 Series 2 and SC±7 Series 3 Airplanes ...... 99±CE±48±AD The New Piper Aircraft, Inc., PA±31 Series Airplanes ...... 99±CE±49±AD Twin Commander Aircraft Corporation, 600 Series Airplanes ...... 99±CE±51±AD Fairchild Aircraft Corporation, SA226 and SA227 Series Airplanes ...... 99±CE±52±AD The Cessna Aircraft Company, Models 425 and 441 Airplanes ...... 99±CE±53±AD Cessna Aircraft Company, Models 500, 550, and 560 Airplanes ...... 99±NM±136±AD Sabreliner Corporation, Models 40, 60, 70, and 80 Series Airplanes ...... 99±NM±137±AD Gulfstream Aerospace, Model G±159 Series Airplanes ...... 99±NM±138±AD McDonnell Douglas, Models DC±3 and DC±4 Series Airplanes ...... 99±NM±139±AD Mitsubishi Heavy Industries, Model YS±11 and YS±11A Series Airplanes ...... 99±NM±140±AD Frakes Aviation, Model, G±73 (Mallard) and G±73T Series Airplanes ...... 99±NM±141±AD Lockheed, Models L±14 and L±18 Series Airplanes ...... 99±NM±142±AD Fairchild Models F27 and FH227 Series Airplanes ...... 99±NM±143±AD Aerospatiale Models ATR±42/ATR±72 Series Airplanes ...... 99±NM±144±AD Jetstream Model BAe ATP Airplanes ...... 99±NM±145±AD Jetstream Model 4101 Airplanes, British Aerospace Model HS 748 Series Airplanes ...... 99±NM±146±AD 99±NM±147±AD Saab Model SF340A/SAAB 340B/SAAB 2000, Series Airplanes ...... 99±NM±148±AD CASA Model C±212/CN±235 Series Airplanes ...... 99±NM±149±AD Dornier Model 328±100 Series Airplanes ...... 99±NM±150±AD Lockheed Model 1329±23 and 1329±25 (Lockheed Jetstar) Series Airplanes ...... 99±NM±151±AD de Havilland Model DHC±7/DHC±8 Series Airplanes ...... 99±NM±152±AD Fokker Model F27 Mark 100/200/300/400/500/600/700/050 Series Airplanes ...... 99±NM±153±AD Short Brothers Model SD3±30/SD3±60/SD3-SHERPA Series Airplanes ...... 99±NM±154±AD

Explanation of the Provisions of the with the proposed AD in accordance on a substantial number of small entities Proposed AD with section 43.9 of the Federal under the criteria of the Regulatory Aviation Regulations (14 CFR 43.9). The Flexibility Act. A copy of the draft Since an unsafe condition has been only cost impact of the proposed AD is regulatory evaluation prepared for this identified that is likely to exist or the time it would take each owner/ develop in other SOCATA Model TBM action has been placed in the Rules operator of the affected airplanes to Docket. A copy of it may be obtained by 700 airplanes of the same type design insert the information into the AFM. registered in the United States, the FAA contacting the Rules Docket at the is proposing AD action. The proposed Regulatory Impact location provided under the caption AD would require revising the The regulations proposed herein ADDRESSES. Limitations Section of the AFM to would not have substantial direct effects List of Subjects in 14 CFR Part 39 include requirements for activation of on the States, on the relationship pneumatic deicing boots at the first between the national government and Air transportation, Aircraft, Aviation indication of ice accumulation on the the States, or on the distribution of safety, Safety. airplane. power and responsibilities among the The Proposed Amendment Cost Impact various levels of government. Therefore, in accordance with Executive Order Accordingly, pursuant to the The FAA estimates that 72 airplanes 12612, it is determined that this authority delegated to me by the in the U.S. registry would be affected by proposal would not have sufficient Administrator, the Federal Aviation the proposed AD, that it would take federalism implications to warrant the Administration proposes to amend part approximately 1 workhour per airplane preparation of a Federalism Assessment. 39 of the Federal Aviation Regulations to accomplish the proposed AFM For the reasons discussed above, I (14 CFR part 39) as follows: revisions. Accomplishing the proposed certify that this action (1) is not a AFM revision requirements of this ‘‘significant regulatory action’’ under PART 39ÐAIRWORTHINESS NPRM may be performed by the owner/ Executive Order 12866; (2) is not a DIRECTIVES operator holding at least a private pilot ‘‘significant rule’’ under DOT certificate as authorized by section 43.7 Regulatory Policies and Procedures (44 1. The authority citation for part 39 of the Federal Aviation Regulations (14 FR 11034, February 26, 1979); and (3) if continues to read as follows: CFR 43.7), and must be entered into the promulgated, will not have a significant aircraft records showing compliance economic impact, positive or negative, Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] 21.197 and 21.199) to operate the airplane to by E-mail to [email protected], or 2. Section 39.13 is amended by a location where the requirements of this AD delivered to the Office of Process and adding a new airworthiness directive can be accomplished. Innovation Management, Social Security (AD) to read as follows: (d) An alternative method of compliance or Administration, L2109 West Low Rise adjustment of the compliance time that SOCATA—Groupe Aerospatiale: Docket No. provides an equivalent level of safety may be Building, 6401 Security Boulevard, 99–CE–50–AD. approved by the Manager, Small Airplane Baltimore, MD 21235–6401, between 8 Applicability: Model TBM 700 airplanes, Directorate, 1201 Walnut, suite 900, Kansas a.m. and 4:30 p.m. on regular business all serial numbers equipped with pneumatic City, Missouri 64106. The request shall be days. Comments received may be deicing boots, certificated in any category. forwarded through an appropriate FAA inspected during these hours by making Note 1: This AD applies to each airplane Maintenance Inspector, who may add arrangements with the contact person identified in the preceding applicability comments and then send it to the Manager, shown below. Small Airplane Directorate. provision, regardless of whether it has been FOR FURTHER INFORMATION CONTACT: modified, altered, or repaired in the area Note 2: Information concerning the Michelle Hungerman, Social Insurance subject to the requirements of this AD. For existence of approved alternative methods of Specialist, Office of Disability, Social airplanes that have been modified, altered, or compliance with this AD, if any, may be repaired so that the performance of the obtained from the Small Airplane Security Administration, 3–A–9 requirements of this AD is affected, the Directorate. Operations Building, 6401 Security owner/operator must request approval for an (e) Information related to this AD may be Boulevard, Baltimore, Maryland, 21235– alternative method of compliance in examined at the FAA, Central Region, Office 6401, (410) 965–2289 or TTY (410) 966– accordance with paragraph (d) of this AD. of the Regional Counsel, Room 1558, 601 E. 5609. The request should include an assessment of 12th Street, Kansas City, Missouri 64106. SUPPLEMENTARY INFORMATION: the effect of the modification, alteration, or Issued in Kansas City, Missouri, on repair on the unsafe condition addressed by October 4, 1999. Background this AD; and, if the unsafe condition has not been eliminated, the request should include Michael Gallagher, We pay disability benefits under title specific proposed actions to address it. Manager, Small Airplane Directorate, Aircraft II of the Social Security Act (the Act) to Compliance: Required as indicated in the Certification Service. disabled individuals who are insured body of this AD, unless already [FR Doc. 99–26569 Filed 10–8–99; 8:45 am] under the Act. We also pay child’s accomplished. BILLING CODE 4910±13±P insurance benefits based on disability To assure that flightcrews activate the wing and widow’s and widower’s insurance and tail pneumatic deicing boots at the first benefits for disabled widows, widowers, signs of ice accumulation on the airplane, SOCIAL SECURITY ADMINISTRATION and surviving divorced spouses of accomplish the following: insured individuals. In addition, we pay (a) Within 10 days after the effective date Supplemental Security Income (SSI) of this AD: Revise the Limitations Section of 20 CFR Part 404 payments under title XVI of the Act to the FAA-approved Airplane Flight Manual [Regulations No. 4] (AFM) to include the following requirements persons who are disabled and who have for activation of the ice protection systems. RIN 0960±AF03 limited income and resources. For This may be accomplished by inserting a adults under both the title II and title copy of this AD in the AFM. Federal Old-Age, Survivors, and XVI programs, and for persons claiming ‘‘• Except for certain phases of flight Disability Insurance; Determining child’s insurance benefits based on where the AFM specifies that deicing boots Disability and Blindness; Addition of disability under title II, ‘‘disability’’ should not be used (e.g., take-off, final Medical Criteria for Evaluating Down means that an impairment(s) results in approach, and landing), compliance with the Syndrome in Adults an inability to engage in any substantial following is required. • Wing and Tail Leading Edge Pneumatic gainful activity. Disability must also be AGENCY: Social Security Administration the result of medically determinable Deicing Boot System, if installed, must be (SSA). activated: physical or mental impairment(s) that ACTION: Proposed rule. —At the first sign of ice formation can be expected to result in death or anywhere on the aircraft, or upon that has lasted or can be expected to last SUMMARY: We are proposing to add a annunciation from an ice detector for a continuous period of at least 12 system, whichever occurs first; and new listing to provide for the evaluation months. —The system must either be continued to of Down syndrome for adults. Our Our longstanding regulations at be operated in the automatic cycling current regulations only include a §§ 404.1520 and 416.920 provide for a mode, if available; or the system must be listing for evaluating Down syndrome in five-step sequential evaluation process manually cycled as needed to minimize children; we evaluate claims filed by to determine if someone is disabled. At the ice accretions on the airframe. adults with Down syndrome under • step 3 of this process, we decide The wing and tail leading edge other listings. We believe that whether an individual who is not pneumatic deicing boot system may be establishing a separate listing for this engaging in substantial gainful activity deactivated only after leaving icing disorder in the adult listings will conditions and after the airplane is and who has an impairment(s) that is acknowledge the lifelong impact and severe (steps 1 and 2), has an determined to be clear of ice.’’ severity of this disorder, and will (b) Incorporating the AFM revisions, as impairment(s) that meets or is medically required by this AD, may be performed by simplify our adjudication of claims filed equivalent in severity to the criteria of the owner/operator holding at least a private by adults with Down syndrome. an impairment in the listings. The pilot certificate as authorized by section 43.7 DATES: To be sure that your comments listings describe, for each of several of the Federal Aviation Regulations (14 CFR are considered, we must receive them major body systems, impairments that 43.7), and must be entered into the aircraft no later than December 13, 1999. are considered severe enough to prevent records showing compliance with this AD in ADDRESSES: accordance with section 43.9 of the Federal Comments should be a person from doing any gainful activity. Aviation Regulations (14 CFR 43.9). submitted in writing to the Although the listings are contained only (c) Special flight permits may be issued in Commissioner of Social Security, PO in part 404, they are incorporated by accordance with sections 21.197 and 21.199 Box 17703, Baltimore, MD 21235–7703, reference in the SSI program by of the Federal Aviation Regulations (14 CFR sent by telefax to (410) 966–2830, sent § 416.925 of our regulations.

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The listings are divided into part A clinical and laboratory findings, • Have we organized the material to and part B. The criteria in part A are including chromosomal analysis, is suit your needs? applied in evaluating impairments of disabled. We also propose new sections • Are the requirements in the rule persons age 18 or over. The criteria in 10.00A and 10.00B in the preface to the clearly stated? part B are applied in evaluating listing to provide rules for documenting • Does the rule contain technical impairments of persons under age 18. non-mosaic Down syndrome. The language or jargon that is not clear? (See §§ 404.1525 and 416.925.) proposed rules are similar to those in • Would a different format (grouping Explanation of Proposed Regulation the corresponding sections of part B, and order of sections, use of headings, 110.00A and 110.00B. Proposed 10.00A paragraphing) make the rule easier to We propose to add a new listing to includes a provision similar to one in evaluate claims filed by individuals age understand? current 110.00A.2 that an individual • 18 or older who have non-mosaic Down with Down syndrome is considered What else could we do to make the syndrome. Since 1990, we have disabled since birth. We included this rule easier to understand? evaluated claims for individuals under in the proposed rule for adults to Electronic Versions age 18 who have non-mosaic Down establish that the 12-month duration syndrome under listing 110.06, but we requirement has been met. The electronic file of this document is do not have a Down syndrome listing available on the internet at . It is also available on the Retardation—which requires rare form of the condition that is internet site for SSA (i.e., ‘‘SSA measurement of intellectual manifested in a wide range of Online’’) at http://www.ssa.gov/. functioning. Almost all adults with impairment severity. The condition can Regulatory Procedures Down syndrome also have moderate to be profound and disabling, but it can severe musculoskeletal abnormalities, also be so slight as to go undetected. Executive Order 12866 and many have other impairments, Therefore, it would not be appropriate including cardiac, gastrointestinal, oral/ We have consulted with the Office of to conclude that the impairment is facial and skeletal abnormalities. Management and Budget (OMB) and always disabling. However, we will still Therefore, we may also evaluate the determined that this proposed rule does find individuals with mosaic Down physical impairments that such not meet the criteria for a significant syndrome disabled if their impairments individuals may have under the regulatory action under Executive Order meet or are medically equivalent in appropriate body system listings. 12866. Thus, it was not subject to OMB For individuals under age 18, current severity to the requirements of other review. listings, or, if their impairments are listing 110.06 represents what we have Regulatory Flexibility Act known for some time: That when we severe, at the fifth step of the sequential obtain appropriate evidence, virtually evaluation process based on a residual We certify that the proposed rule, if all individuals who have non-mosaic functional capacity assessment and promulgated, will not have a significant Down syndrome will be found disabled consideration of their age, education, economic impact on a substantial under our rules. Therefore, the listing is and work experience. number of small entities because it only met by showing that the individual has Finally, we are proposing a new affects individuals. Therefore, a Down syndrome (excluding mosaic section 10.00C. This paragraph provides regulatory flexibility analysis as Down syndrome) that has been guidance for evaluating other provided in the Regulatory Flexibility established by clinical findings, chromosomal abnormalities. Act, as amended, is not required. including the characteristic physical Other Changes Paperwork Reduction Act features, and laboratory evidence, including chromosomal analysis. Section 10.00 of part A of the listings This proposed regulation imposes no When listing 110.06 is met, disability is currently reserved for future use. We reporting/recordkeeping requirements is established from birth. In recognition are now proposing to add a new preface necessitating clearance by OMB. (10.00A, 10.00B, and 10.00C) and new of the fact that Down syndrome rarely, (Catalog of Federal Domestic Assistance if ever, improves to the point that an listing 10.06 in this section. For this Program Nos. 96.001, Social Security- individual would not meet our reason, and because Down syndrome Disability Insurance; 96.002, Social Security- definition of disability, we now propose often has physical as well as mental Retirement Insurance; 96.004, Social to simplify our adjudication of cases of effects, we propose the heading Security-Survivors Insurance; 96.006, all individuals with non-mosaic Down ‘‘Multiple body systems’’ for this Supplemental Security Income) section. We are also proposing to make syndrome by providing a corresponding List of Subjects in 20 CFR Part 404 listing in part A. For example, the minor editorial changes to the addition of this listing will simplify the introductory text and table of contents Administrative practice and process of performing disability to part A of appendix 1, to reflect the procedure, Blind, Disability benefits, redeterminations at age 18 for provisions of the proposed rule. Old-Age, Survivors and Disability Insurance, Reporting and recordkeeping individuals who are eligible for SSI as Clarity of This Proposed Rule children on the basis of non-mosaic requirements, Social Security. Down syndrome. Even though it would Executive Order 12866 and the Dated: September 14, 1999. President’s memorandum of June 1, be the only listing in section 10.00, we Kenneth S. Apfel, 1998 (63 FR 31885), require each agency propose to number the new listing as Commissioner of Social Security. listing 10.06, to correspond to listing to write all rules in plain language. In 110.06 in part B. addition to your substantive comments For the reasons set out in the As in the childhood listing, proposed on this proposed rule, we invite your preamble, we propose to amend part listing 10.06 would provide that an comments on how to make this 404, subpart P, of chapter III of title 20 individual age 18 or older who has non- proposed rule easier to understand. of the Code of Federal Regulations to mosaic Down syndrome established by For example: read as follow:

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PART 404ÐFEDERAL OLD-AGE, laboratory findings, as described in 10.00B. for the Government Printing Office at SURVIVORS AND DISABILITY Consider the individual disabled from birth. http://www.access.gpo.gov/suldocs/ INSURANCE (1950± ) * * * * * aces/acess140.html. It is also available [FR Doc. 99–26459 Filed 10–8–99; 8:45 am] on the Internet site for SSA (i.e., ‘‘SSA 1. The authority citation for subpart P BILLING CODE 4190±29±P Online’’) at http://www.ssa.gov. of part 404 continues to read as follow: FOR FURTHER INFORMATION CONTACT: Authority: Secs. 202, 205(a), (b) and (d)– Nancy Grace, Social Insurance (h), 216(i), 221(a) and (i), 222(c), 223, 225, SOCIAL SECURITY ADMINISTRATION Specialist, Office of Program Benefits, and 702(a)(5) of the Social Security Act (42 3–R–1 Operations Building, Social U.S.C. 402, 405(a), (b) and (d)–(h), 416(i), 20 CFR Part 422 Security Administration, 6401 Security 421(a) and (i), 422(c), 423, 425, and 902(a)(5); [Regulations No. 22] Boulevard, Baltimore, MD 21235–6401, sec. 211(b), Pub.L. 104–193, 110 Stat. 2105, (410) 965–7911 or TTY (410) 966–5609. 2189. RIN 0960±AF05 SUPPLEMENTARY INFORMATION: Appendix 1 to Subpart P of Part 404— Assignment of Social Security Background [Amended] Numbers (SSN) for Nonwork Purposes In implementing section 2. Appendix 1 to subpart P of part 404 AGENCY: Social Security Administration 205(c)(2)(B)(i) of the Social Security Act is amended as follows: (SSA). (the Act) and our regulations at 20 CFR a. Item 11 of the introductory text ACTION: Advance notice of proposed 422.104 and 422.107, SSA currently before Part A of appendix 1 is revised. rulemaking. assigns SSNs to aliens who: • b. The Table of Contents for part A of Are lawfully admitted to the U.S. SUMMARY: SSA is providing advance either for permanent residence or under appendix 1 is amended by adding notice of proposed rulemaking regarding section 10.00. other authority of law permitting them when we will assign an SSN to an alien to engage in employment in the U.S.; or c. Section 10.00 is added to Part A of who is legally in the United States (U.S.) • Are legally in the U.S. but not appendix 1. but not under authority of law under authority of law permitting them The added and revised text reads as permitting him or her to work in the to engage in employment, but only for follows: U.S. We are considering a proposal to a valid nonwork purpose; or assign an SSN to an alien who is legally • Cannot provide evidence of alien Appendix 1 to Subpart P of Part 404— in the U.S. but does not have status, reside either in or outside the Listing of Impairments authorization to work only if there is a U.S. and are entitled to federally-funded * * * * * Federal statute or regulation that benefits for which a Federal statute or 11. Multiple Body Systems (10.00 and requires the alien to furnish an SSN to regulation requires an SSN—for 110.00): July 2, 2001. receive a federally-funded benefit or example, Social Security benefits, * * * * * service. Under such a proposal, we Supplemental Security Income benefits, Part A would no longer assign an SSN to an Medicaid, or Temporary Assistance for * * * * * alien if the alien’s sole reason for Needy Families. applying for the SSN is to satisfy a State 10.00 Multiple Body Systems Current SSA operational instructions or local statute or regulation that permit SSA to assign an SSN for a * * * * * requires an individual to furnish an SSN nonwork purpose to aliens who: 10.00 MULTIPLE BODY SYSTEMS in order to receive a benefit or service. • Cannot provide evidence of alien A. Down syndrome (except for mosaic The intent of such a proposed change status, reside either in or outside the Down syndrome (see 10.00C)) established by would be to reduce the possibility of U.S., and are entitled to federally- clinical findings, including the characteristic fraud through misuse of SSNs. funded benefits for which a Federal physical features, and laboratory evidence is DATES: To be sure that your comments statute or regulation requires an SSN; or considered to meet the requirement of listing are considered, we must receive them • Are legally in the U.S., if there is a 10.06, commencing at birth. no later than December 13, 1999. Federal, State, or local statute or B. Documentation must include confirmation of a positive diagnosis by a ADDRESSES: Comments should be regulation that requires them to provide clinical description of the usual abnormal submitted in writing to the SSNs to get a particular benefit or physical findings associated with the Commissioner of Social Security, P.O. service. condition and definitive laboratory tests, Box 17703, Baltimore, MD 21235–7703, In the case of such a State or local including chromosomal analysis. Medical sent by telefax to (410) 966–2830, sent statute or regulation, the statute or evidence that is persuasive that a positive by E-mail to ‘‘[email protected],’’ or regulation must be in accordance with diagnosis has been confirmed by appropriate delivered to the Office of Process and Federal law—that is, related to the laboratory testing, at some time prior to Innovation Management, Social Security administration of taxes, general public evaluation, is acceptable in lieu of a copy of Administration, L2109 West Low Rise assistance, driver licensing, or motor the actual laboratory report. vehicle registration (section C. Other chromosomal abnormalities, e.g., Building, 6401 Security Boulevard, mosaic Down syndrome, fragile X syndrome, Baltimore, MD 21235–6401, between 205(c)(2)(C)(i) of the Act). If entitlement phenylketonuria, and fetal alcohol syndrome, 8:00 A.M. and 4:30 P.M. on regular to a State or local benefit or service is produce a pattern of multiple impairments business days. Comments may be the alien’s sole reason for requesting an but manifest in a wide range of impairment inspected during these hours by making SSN, the alien must submit a letter from severity. Therefore, the effects of these arrangements with the contact person the applicable government entity. The impairments should be evaluated under the shown below. letter must identify the alien, describe affected body system. the State or local benefit/service for 10.01 Category of Impairments, Multiple Electronic Availability which an SSN is required, and state that Body Systems This document is also available as an the alien meets all requirements for the 10.06 Down syndrome (excluding mosaic electronic file on date of publication in benefit/service except for providing an Down syndrome) established by clinical and the Federal Register on the Internet site SSN.

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If SSA issues an SSN to an alien for Explanation of Change We Are DEPARTMENT OF TRANSPORTATION a nonwork purpose, the SSN card is Considering marked with a nonwork legend that Coast Guard reads ‘‘NOT VALID FOR We are considering amending EMPLOYMENT.’’ If earnings are § 422.104 of our regulations to define 33 CFR Part 117 reported to SSA on an SSN issued for what we mean by a ‘‘nonwork reason’’ [CGD 11±99±011] a nonwork purpose, SSA provides the for assigning an SSN to an alien legally Immigration and Naturalization Service in the U.S. but not under authority of RIN 2115±AE47 (INS) with information regarding the law permitting him or her to work in the Drawbridge Operation Regulation: reported earnings pursuant to section U.S. According to the change we are Henry Ford Avenue Bridge, Cerritos 290(c)(2) of the Immigration and considering, the only nonwork reason Channel, Long Beach, CA Nationality Act. We take great care to for assigning an SSN to such an alien ensure that only eligible applicants are would be if there is a Federal statute or AGENCY: Coast Guard, DOT. assigned SSNs and that SSA’s records regulation that requires the alien to have ACTION: Notice of proposed rulemaking. accurately reflect the basis for an SSN in order to receive a federally- SUMMARY: At the request of Port of Los assignment of the SSNs. funded benefit or service to which the Angeles, the Coast Guard proposes to In July 1996, the Internal Revenue alien has established entitlement. Under change the operating regulations for the Service (IRS) began assigning Individual the change in our rules that we are Taxpayer Identification Numbers for tax Henry Ford Avenue Railroad Bridge considering, States and local entities across Cerritos Channel, mile 4.8, of Los purposes to individuals who are not would be able to continue to use an eligible for SSNs but who need to report Angeles/Long Beach Harbor, at Long individual’s SSN for purposes of Beach, California. The proposal would income for tax purposes. This change in providing benefits or services. However, IRS policy eliminated one of the major amend the existing operating SSA would not assign an SSN to an reasons that aliens not authorized to regulations to require that the bridge alien for a nonwork purpose solely to be work had sought SSNs for nonwork open upon demand. The current purposes. On October 22, 1998, SSA able to receive a State or local benefit or regulation for the bridge, also known as published final rules at 63 FR 56552 service. the Badger Avenue Bridge, specifies that the bridge remain in the open to that eliminated the need for an SSN for Request for Comments tax reporting purposes as a valid navigation position except for the nonwork reason for assignment of an Before proceeding with any proposed passage of trains or maintenance. SSN. regulatory change, and to maximize DATES: Comments must be received on With the July 1996 IRS change, the public participation early in the or before December 13, 1999. remaining valid nonwork reasons for rulemaking process, we invite the ADDRESSES: Comments may be mailed assignment of SSNs have generally been public to comment on this change in or hand-delivered to: Commander (oan), limited to eligibility for federally- rules we are considering. While we are Eleventh Coast Guard District, Bldg. 50– funded benefits and use of the SSNs by interested in receiving comments from 6, Coast Guard Island, Alameda, CA State governments to administer statutes any source on any aspect of the issues, 94501–5100. Comments may also be governing the issuing of driver’s we are particularly interested in public faxed to: (510) 437–5836. Comments licenses and the registering of motor comments on both the costs and benefits may be e-mailed to: vehicles. of this particular change. And, for State [email protected]. Comments may Available SSA data suggest that some and local governments in particular, we be delivered to the above address individuals assigned SSNs for nonwork are interested in answers to the between 6:30 a.m. and 4:00 p.m. purposes may be misusing those SSNs following questions. Monday through Friday except Federal holidays. to work illegally in the U.S. Despite • SSA’s stringent procedures for ensuring Does the State or local government The Commander, Eleventh Coast that an alien without work authorization have any statutory requirements for any Guard District maintains the public is assigned an SSN only when the need benefits or services, for which aliens in docket for this rulemaking. Comments for a number can be documented, wage the U.S. without work authorization are will become part of this docket and will items have been reported to SSA on eligible, which require the applicant to be available for inspection or copying at SSNs assigned for nonwork purposes. have an SSN; such as for the issuance the address above. SSN misuse can impact all levels of of driver’s licenses, the registration of FOR FURTHER INFORMATION CONTACT: government in the form of illegal motor vehicles, or receipt of health Susan Worden, Bridge Administrator, at employment in the U.S and fraudulent benefits or emergency general assistance the address above. Her telephone entitlement to Federal and State benefits benefits (not federally-funded)? number is (510) 437–3461. and services. • If so, would your State be willing to SUPPLEMENTARY INFORMATION: We have, with the assistance of the consider identifying these individuals Requests for Comments American Association of Motor Vehicle by use of an alternative identifier? How Administrators and the support of the soon could you implement an The Coast Guard encourages Department of Transportation, alternative identification system? interested persons to participate in this combined efforts to assist States that proposed rulemaking by submitting currently require SSNs for driver Dated: September 2, 1999. written data, views, or arguments for or licensing and motor vehicle registration Kenneth S. Apfel, against the proposed change. Persons purposes to develop alternative Commissioner of Social Security. submitting comments should identify identifier systems to accommodate [FR Doc. 99–26500 Filed 10–8–99; 8:45 am] this rulemaking (CGD 11–99–011) and individuals not authorized to work in the specific section of this document to BILLING CODE 4190±29±P the U.S. We understand that most States which each comment applies. Give the have alternative identifier systems reason for each comment. Please submit available, if not already in use. all comments and attachments in an

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55219 unbound format, no larger than 81⁄2 × 11 currently 17.3 and will increase if adopted, is not expected to have a inches, suitable for copying and substantially as new port facilities, now significant economic impact on any electronic filing. Persons wanting under construction on Terminal Island, substantial number of entities, acknowledgment of receipt of comments are completed. regardless of their size. should enclose a stamped, self The adjacent Schuyler Heim vertical- Assistance for Small Entities addressed postcard or envelope. All lift bridge has a different operating comments and other materials regulation, because of the differences in In accordance with § 213(a) of the referenced in this notice will be clearance of the bridges in the closed Small Business Regulatory Enforcement available for inspection and copying at position, and the differences in overland Fairness Act of 1996 (Pub. L. 104–121), the Coast Guard address given above. traffic. The Heim Bridge provides 37.5 the Coast Guard wants to assist small Normal office hours are between 6:30 feet vertical clearance above MHW in entities in understanding this proposed a.m. and 4:00 p.m., Monday through the closed position, vice 9 feet for the rule so that they can better evaluate its Friday, except holidays. The Coast Ford Bridge. The Heim Bridge has effects on them and participate in the Guard plans no public hearing. Persons morning and afternoon commute hour rule making process. If your small may request a public hearing by writing closures to facilitate the movement of business or organization is affected by to the Coast Guard including the reasons vehicle commute traffic. The bridges this rule and you have questions why a hearing would be beneficial. If it have different opening signals because concerning its provisions or options for is determined that the opportunity for some vessels need only one of the compliance, please contact Susan oral presentations will aid in this bridges opened for safe passage. Worden, Coast Guard Bridge Section, rulemaking, the Coast Guard will hold Although the precise number of vessel Alameda office at the address listed in a public hearing at time and place transits requiring openings of the Ford ADDRESSES. announced by a later notice in the Bridge is unknown, it is estimated that, Federal Register. initially, the bridge will open about as Collection of Information The proposed regulation may be often for vessels as it now closes for This proposal contains no collection changed in light of comments received. trains. Train traffic is expected to of information requirements under the All comments received before the increase appreciably in the future, thus Paperwork Reduction Act (44 U.S.C. expiration of the comment period will the new operating method is expected to 3501 et seq.). be considered before final action is reduce wear and tear on the machinery. Federalism taken on the NPRM. Vessel traffic is expected to remain relatively constant. The Coast Guard has analyzed this Background and Purpose proposal in accordance with the Regulatory Evaluation The Ford Avenue Railroad Bridge is a principles and criteria contained in vertical-lift, double track, railroad This rule is not a significant Executive Order 12612 and has bridge constructed in 1997. It provides regulatory action under section 3(f) of determined that this proposal does not vertical clearance of 9 feet above Mean Executive Order 12866 and does not have sufficient federalism implications High Water (14 feet above Mean Lower require an assessment of potential costs to warrant the preparation of a Low Water) in the lowered position and and benefits under section 6(a)(3) of that Federalism Assessment. 165 feet above MHW in the raised order. It has been exempted from review position. It provides horizontal by the Office of Management and Environmental Assessment clearance of 180 feet between fenders. Budget under that order. It is not The Coast Guard considered the The waterway is a connecting channel significant under the Department of environmental impact of this proposal in the Los Angeles/Long Beach Harbor Transportation Regulatory Policies and and concluded that under Commandant complex and is used by oceangoing Procedures (DOT) (44 FR 11040, Instruction M16475.1C, Figure 2–1, cargo ships, tugs and barges, tour boats, February 26, 1979). The proposal paragraph 32(e), this proposal is commercial fishing vessels and changes the way the bridge will be categorically excluded from further recreational boats. This action is operated, but provides for openings environmental documentation, because proposed because there has been an upon demand for vessels not able to it is a Bridge Administration Program increase in train traffic and the pass under the closed bridge. The Coast action involving the promulgation of additional raising and lowering of the Guard expects the impact of this rule to operating requirements or procedures bridge is increasing wear and tear on the be so minimal that a full Regulatory for a drawbridge. Evaluation under paragraph 10e of the machinery. This regulation change Unfunded Mandates should: reduce wear and tear on the regulatory policies and procedures of machinery and maintenance expense for DOT is unnecessary. Under the Unfunded Mandates Reform Act of 1995 (Pub L. 104–4), the the owner. It should also reduce Small Entities maintenance closures and enhance the Coast Guard must consider whether this operational readiness of the bridge; thus Under the Regulatory Flexibility Act proposed rule will result in an annual should provide for the reasonable needs (5 U.S.C. 601 et seq.), the Coast Guard expenditure by state, local, and tribal of navigation. must consider whether this proposal governments, in the aggregate of $100 will have a significant economic impact million (adjusted annually for inflation). Discussion of Proposed Regulation on a substantial number of small If so, the Act requires that a reasonable The Port of Los Angeles has requested entities. ‘‘Small entities’’ may include number of regulatory alternatives be that the Coast Guard make this change small businesses and not-for-profit considered, and that from those to reduce wear and tear on the bridge organizations that are not dominant in alternatives, the least costly, most cost- and better facilitate the increasing train their respective fields, and effective, or least burdensome traffic. The bridge provides the only rail governmental jurisdictions with alternative that achieves the objective of access to Terminal Island. populations less than 50,000. For the the rule be selected. Prior to construction of the new same reasons set forth in the Regulatory No state, local or tribal government bridge, the average number of daily train Evaluation, the Coast Guard certifies entities will be affected by this rule, so crossings was 3. That average number is under 5 U.S.C. 605(b) that this proposal, this rule will not result in annual or

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 55220 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules aggregate costs of $100 million or more. and five short blasts when the draw will inspection during normal business Therefore, the Coast Guard is exempt not open immediately. Channel 13 hours at the Air Protection Division, from any further regulatory (156.65 MHz) or other assigned U.S. Environmental Protection Agency, requirements under the Unfunded frequencies may be used. Region III, 1650 Arch Street, Mandates Act. Dated: September 22, 1999. Philadelphia, Pennsylvania 19103; and the Delaware Department of Natural Other Executive Orders on the T.H. Collins, Resources and Environmental Control, Regulatory Process Vice Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard District. 89 Kings Highway, Dover, Delaware In addition to the statutes and 19901. [FR Doc. 99–26530 Filed 10–8–99; 8:45 am] Executive Orders already addressed in FOR FURTHER INFORMATION CONTACT BILLING CODE 4910±15±P : Rose this preamble, the Coast Guard Quinto, (215) 814–2182, at the EPA considered the following executive Region III address above, or by e-mail at orders in developing this rule and [email protected]. reached the following conclusions: ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: E.O 12630, Governmental Actions and AGENCY For further information, please see the Interference with Constitutionally 40 CFR Part 52 information provided in the direct final Protected Property Rights. This Rule action, with the same title, that is will not effect a taking of private [DE027±1027b; FRL±6453±6] located in the ‘‘Rules and Regulations’’ property or otherwise have taking section of this Federal Register implications under this Order. Approval and Promulgation of Air publication. E.O. 12875, Enhancing the Quality Implementation Plans; Intergovernmental Partnership. This Delaware; 15 Percent Rate of Progress Dated: September 23, 1999. Rule will not impose, on any State, Plan W. Michael McCabe, local, or tribal government, a mandate AGENCY: Environmental Protection Regional Administrator, Region III. that is not required by statute and that Agency (EPA). [FR Doc. 99–26196 Filed 10–8–99; 8:45 am] is not funded by the Federal ACTION: Proposed rule. BILLING CODE 6560±50±P government. E.O. 12988, Civil Justice Reform. This SUMMARY: We are proposing to convert Rule meets applicable standards in our conditional approval of Delaware’s ENVIRONMENTAL PROTECTION section 3(a) and 3(b)(2) of this Order to State Implementation Plan (SIP) AGENCY minimize litigation, eliminate revision to achieve a 15 percent ambiguity, and reduce burden. reduction in volatile organic compound 40 CFR Part 52 E.O. 13045, Protection of Children emissions (the 15% plan) in its portion from Environmental Health Risks and of the Philadelphia-Wilmington-Trenton [CA±232±0176, FRL±6454±7] Safety Risks. This Rule is not an (namely Kent and New Castle Counties) economically significant rule and does ozone nonattainment area to a full Transportation Conformity Budget not concern an environmental risk to approval. In the ‘‘Rules and Adequacy Determination and Status of safety disproportionately affecting Regulations’’ section of this Federal Maintenance Demonstration and children. Register, we are converting our Associated Budgets; San Francisco Bay Area Ozone Attainment Plan List of Subjects in 33 CFR Part 117 conditional approval of Delaware’s 15% plan SIP revision to a full approval as AGENCY: Environmental Protection Bridges. a direct final rule because we view this Agency (EPA). as a noncontroversial amendment and Proposed Regulation ACTION: Proposed rule. because we anticipate no adverse For the reasons set out in the comments. A detailed rationale for the SUMMARY: preamble, the Coast Guard proposes to EPA is today proposing that approval is set forth in the direct final the motor vehicle emissions budgets amend Part 117 of Title 33, Code of rule. If we receive no adverse Federal Regulations as follows: contained in the 1999 ozone attainment comments, we will not undertake plan for the San Francisco Bay Area are PART 117Ð[AMENDED] further action on this proposed rule. If adequate for transportation conformity we receive adverse comments, we will purposes. EPA is also proposing that the 1. The authority citation for Part 117 withdraw the direct final rule, and it Bay Area’s existing maintenance continues to read as follows: will not take effect. We will address all demonstration and associated budgets Authority: 33 U.S.C. 499; 49 CFR 1.46 and public comments in a subsequent final are no longer applicable and should be 33 CFR 1.05–1(g); section 117.255 also issued rule based on this proposed rule. We replaced by the new budgets upon a under the authority of Pub. L. 102–587, 106 will not institute a second comment final determination of adequacy. The Stat. 5039. period on this action. Anyone interested attainment plan includes a budget of in providing comments on this action 2. Section 117.147(b) is revised to 175.2 tons per day (tpd) for VOC and should do so at this time. read as follows: 247.1 tpd for NOX, both for the year DATES: Comments must be received in 2000. If, after public comment, EPA § 117.147 Cerritos Channel. writing by November 12, 1999. finalizes this adequacy determination of * * * * * ADDRESSES: Written comments should the new budgets, and the determination (b) The opening signal for the draw of be addressed to David L. Arnold, Chief, that the maintenance demonstration is the Henry Ford Avenue railroad bridge, Ozone and Mobile Sources Branch, no longer applicable, the new budgets mile 4.8 at Long Beach, is two short Mailcode 3AP21, U.S. Environmental would apply to the attainment year of blasts followed by one prolonged blast. Protection Agency, Region III, 1650 2000 and beyond and become the sole The acknowledging signal is two short Arch Street, Philadelphia, Pennsylvania 1-hour ozone standard VOC and NOX blasts followed by one prolonged blast 19103. Copies of the documents relevant budgets in the Bay Area for when the draw will open immediately to this action are available for public transportation conformity.

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DATES: Comments on this proposed implementation plan’’ (CAA section (section 93.118(e)(4)(vi)) does not apply action must be received in writing by 176(c)(2)(A)). Since the 2000 budgets in because the ozone attainment plan is an November 12, 1999. Comments should the ozone attainment plan are initial submission, not a revision to a be addressed to the contact listed below. attainment budgets, they will apply to previously submitted control strategy ADDRESSES: A copy of the proposed rule conformity determinations for the plan for the same Clean Air Act purpose is available in the air programs section attainment year 2000 and for every year and time frame. It is a new attainment of EPA Region 9’s website, http:// after 2000. plan triggered by EPA’s redesignation of the Bay Area from maintenance to www.epa.gov/region09/air, and the II. The New Attainment Budgets Are nonattainment on July 10, 1998 (63 FR EPA’s Office of Mobile Sources’ Adequate conformity website, http:// 37258). www.epa.gov/oms/traq (once there, The new attainment budgets are based on current motor vehicle emissions III. The 1995 Maintenance Budgets Are click on the ‘‘Conformity’’ button, then No Longer Applicable look for ‘‘Adequacy Review of SIP information and represent the best Submissions for Conformity’’). A copy estimates of motor vehicle emissions On May 22, 1995, EPA redesignated levels needed for attainment of the the Bay Area to attainment and of the attainment plan can be obtained federal 1-hour ozone standard. EPA approved the Bay Area’s maintenance from the Bay Area Air Quality believes the budgets meet the criteria for plan, which was submitted as part of its Management District’s website, http:// adequacy as set out in section redesignation request. 60 FR 27028. sparc2.baaqmd.gov/sip/. A copy of the 93.118(e)(4) (62 FR 43811, August 15, Such a plan is required by the plan is also included in the docket for 1997) and should be deemed adequate redesignation provisions of sections this rulemaking and is available for for transportation conformity purposes. 107(d)(3)(E)(iv) and 175A of the Act for inspection during normal business There are six criteria for adequacy maintenance areas—areas that are hours at EPA Region 9, Planning Office, listed in section 93.118(e)(4). The first, redesignated to attainment from Air Division, 17th Floor, 75 Hawthorne a requirement that the budgets be nonattainment. The Bay Area is no Street, San Francisco, California 94105. endorsed by the governor or his longer a maintenance area. While its A reasonable fee may be charged for designee and be subject to a State public maintenance plan was designed to copying parts of the docket. Please call hearing (section 93.118(e)(4)(I)), was maintain compliance with the federal 1- (415) 744–1249 for assistance. satisfied by CARB’s normal plan hour ozone standard, the plan failed. FOR FURTHER INFORMATION CONTACT: approval and submittal process. On July During the first two years implementing Celia Bloomfield (415) 744–1249, 22, 1999, the CARB board held a hearing the maintenance plan (1995–1996), the Planning Office (AIR–2), Air Division, to approve the Bay Area attainment Bay Area experienced 43 exceedances EPA Region 9, 75 Hawthorne Street, San plan. On August 13, 1999, CARB and 17 violations of the federal Francisco, CA 94105. officially submitted the plan to EPA standard. As a result, the Bay Area was SUPPLEMENTARY INFORMATION: with a request from the Governor’s redesignated back to nonattainment on designee that EPA approve the plan. July 10, 1998 (63 FR 37258). Because the I. The Bay Area’s 1999 Ozone The second criterion requires that Attainment Plan Contains New On- Bay Area is now a nonattainment area prior to plan submittal, there be subject to the attainment plan Road Motor Vehicle Emissions Budgets ‘‘consultation among federal, State, and requirements of section 172, rather than (‘‘Attainment Budgets’’) for local agencies * * *; full the maintenance requirements of section Transportation Conformity Purposes implementation plan documentation 175A, we are finding through On August 13, 1999, the California ** *’’; and resolution of EPA’s rulemaking that the maintenance Air Resources Board (CARB) submitted comments (section 93.118(e)(4)(ii)). The demonstration is no longer relevant and to EPA on behalf of the San Francisco budgets, which were calculated and is not an applicable requirement under Bay Area (Bay Area) a plan designed to added to the plan after consultation section 110(l).1 As part of the obsolete bring the Bay Area into attainment with among federal, State, and local agencies maintenance demonstration, the the federal 1-hour national ambient air and in response to EPA comments, meet maintenance budgets are also no longer quality standard (NAAQS) for ozone. EPA’s second criterion as well. an applicable requirement of the Act. This plan has an attainment year of In compliance with the third, fourth, The maintenance demonstration and 2000. The 2000 attainment year and fifth adequacy criteria, the motor associated budgets were not eliminated anticipates specific emissions levels for vehicle emissions budgets are clearly when the Bay Area was redesignated on-road motor vehicles: 175.2 tpd for identified and precisely quantified back to nonattainment. The VOC and 247.1 tpd for NOX. Upon a (section 93.118(e)(4)(iii)) in Section 4 of maintenance requirements can only be final determination of adequacy, these the submitted attainment plan; the eliminated through rulemaking and if emissions levels will become the budgets are consistent with the the new attainment budgets are deemed transportation conformity motor vehicle modeling results from the attainment adequate. If this adequacy emissions budgets for the Bay Area. assessment, which define the emissions determination and determination that The role of transportation conformity, levels needed for attainment (section the maintenance budgets are no longer a requirement set out in section 176(c) 93.118(e)(4)(iv)); and the budgets are not applicable are finalized, the VOC and of the Clean Air Act, is to ensure that only ‘‘consistent with’’ and ‘‘related to NOX transportation conformity budgets motor vehicle emissions from the emissions inventory and the control for the Bay Area contained in the new transportation activities will not exceed measures in the submitted * * * plan,’’ attainment plan submitted by CARB on the levels being relied on in the plan to (section 93.118(e)(4)(v)) but are August 13, 1999 will become the only achieve attainment. In other words, specifically derived from the motor emissions from the implementation of vehicle emissions information projected 1 Unlike the maintenance demonstration, the transportation plans and programs must for the year 2000 taking into account measures approved into the SIP as part of the be ‘‘consistent with estimates of emissions reductions that will be maintenance plan remain in full force and effect and cannot be removed from the SIP without emissions from motor vehicles and achieved by the plan’s control measures. equivalent replacement because such removal necessary emission reductions Finally, the sixth criterion relating to would interfere with attainment pursuant to section contained in the applicable revisions of previously submitted plans 110(l).

VerDate 06-OCT-99 14:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm04 PsN: 12OCP1 55222 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules applicable 1-hour ozone standard mitigate environmental health or safety F. Unfunded Mandates budgets for the Bay Area. risks. Under Section 202 of the Unfunded IV. Administrative Requirements D. Executive Order 13084 Mandates Reform Act of 1995 (‘‘Unfunded Mandates Act’’), signed A. Executive Order 12866 Under Executive Order 13084, into law on March 22, 1995, EPA must The Office of Management and Budget Consultation and Coordination with prepare a budgetary impact statement to (OMB) has exempted this regulatory Indian Tribal Governments, EPA may accompany any proposed or final rule action from Executive Order (E.O.) not issue a regulation that is not that includes a Federal mandate that 12866, Regulatory Planning and Review. required by statute, that significantly or may result in estimated annual costs to uniquely affects the communities of B. Executive Order 12875 State, local, or tribal governments in the Indian tribal governments, and that aggregate; or to private sector, of $100 Under Executive Order 12875, imposes substantial direct compliance million or more. Under Section 205, Enhancing the Intergovernmental costs on those communities, unless the EPA must select the most cost-effective Partnership, EPA may not issue a Federal government provides the funds and least burdensome alternative that regulation that is not required by statute necessary to pay the direct compliance achieves the objectives of the rule and and that creates a mandate upon a State, costs incurred by the tribal is consistent with statutory local or tribal government, unless the governments, or EPA consults with requirements. Section 203 requires EPA Federal government provides the funds those governments. If EPA complies by to establish a plan for informing and necessary to pay the direct compliance consulting, Executive Order 13084 advising any small governments that costs incurred by those governments, or requires EPA to provide to the Office of may be significantly or uniquely EPA consults with those governments. If Management and Budget, in a separately impacted by the rule. EPA complies by consulting, Executive identified section of the preamble to the EPA has determined that the approval Order 12875 requires EPA to provide to rule, a description of the extent of EPA’s action promulgated does not include a the Office of Management and Budget a prior consultation with representatives Federal mandate that may result in description of the extent of EPA’s prior of affected tribal governments, a estimated annual costs of $100 million consultation with representatives of summary of the nature of their concerns, or more to either State, local, or tribal affected State, local and tribal and a statement supporting the need to governments in the aggregate, or to the governments, the nature of their issue the regulation. In addition, private sector. This Federal action concerns, copies of any written Executive Order 13084 requires EPA to approves pre-existing requirements communications from the governments, develop an effective process permitting under State or local law, and imposes and a statement supporting the need to elected officials and other no new requirements. Accordingly, no issue the regulation. In addition, representatives of Indian tribal additional costs to State, local, or tribal Executive Order 12875 requires EPA to governments ‘‘to provide meaningful governments, or to the private sector, develop an effective process permitting and timely input in the development of result from this action. elected officials and other regulatory policies on matters that representatives of State, local and tribal significantly or uniquely affect their List of Subjects in 40 CFR Part 52 governments ‘‘to provide meaningful communities.’’ Today’s rule does not Environmental protection, Air and timely input in the development of significantly or uniquely affect the pollution control, Hydrocarbons, regulatory proposals containing communities of Indian tribal Intergovernmental relations, Nitrogen significant unfunded mandates.’’ governments. Accordingly, the oxides, Ozone, Volatile organic Today’s rule does not create a mandate requirements of section 3(b) of E.O. compounds. 13084 do not apply to this rule. on State, local or tribal governments. Authority: 42 U.S.C. 7401 et seq. The rule does not impose any E. Regulatory Flexibility Act Dated: September 27, 1999. enforceable duties on these entities. Accordingly, the requirements of The Regulatory Flexibility Act of 1990 Felicia Marcus, section 1(a) of E.O. 12875 do not apply requires federal agencies to identify Regional Administrator, Region IX. to this rule. potentially adverse impacts of federal [FR Doc. 99–26556 Filed 10–8–99; 8:45 am] regulations upon small entities. In BILLING CODE 6560±50±P C. Executive Order 13045 instances where significant impacts are Protection of Children from possible on a substantial number of Environmental Health Risks and Safety these entities, agencies are required to ENVIRONMENTAL PROTECTION Risks (62 FR 19885, April 23, 1997), perform a Regulatory Flexibility AGENCY applies to any rule that: (1) Is Analysis (RFA). determined to be ‘‘economically EPA has determined that today’s 40 CFR Part 271 significant’’ as defined under E.O. regulation will not have a significant 12866, and (2) concerns an impact on a substantial number of small [FRL±6449±7] environmental health or safety risk that entities. This regulation affects federal EPA has reason to believe may have a agencies and metropolitan planning Washington: Final Authorization of disproportionate effect on children. If organizations, which by definition are State Hazardous Waste Management the regulatory action meets both criteria, designated only for metropolitan areas Program Revisions the Agency must evaluate the with a population of at least 50,000. AGENCY: Environmental Protection environmental health or safety effects of These organizations do not constitute Agency (EPA). the planned rule on children, and small entities. ACTION: Proposed rule. explain why the planned regulation is Therefore, as required under section preferable to other potentially effective 605 of the Regulatory Flexibility Act, 5 SUMMARY: Washington has applied to and reasonably feasible alternatives U.S.C. 601 et seq., I certify that this rule EPA for Final authorization of the considered by the Agency. This rule is will not have a significant economic changes to its hazardous waste program not subject to E.O. 13045 because it does impact on a substantial number of small under the Resource Conservation and not involve decisions intended to entities. Recovery Act (RCRA). We propose to

VerDate 06-OCT-99 16:49 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.XXX pfrm07 PsN: 12OCP1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Proposed Rules 55223 grant final authorization to Washington. Dated: September 24, 1999. Washington, DC 20036, (202) 857–3800, In the ‘‘Rules and Regulations’’ section Chuck Clarke, facsimile (202) 857–3805. of this Federal Register, we are Regional Administrator, Region 10. Provisions of the Regulatory authorizing the changes without a prior [FR Doc. 99–25560 Filed 10–8–99; 8:45 am] Flexibility Act of 1980 do not apply to proposal because we believe this action BILLING CODE 6560±50±P this proceeding. is not controversial and do not expect Members of the public should note comments that oppose it. The Agency that from the time a Notice of Proposed has explained the reasons for this Rule Making is issued until the matter FEDERAL COMMUNICATIONS is no longer subject to Commission authorization in the preamble to the COMMISSION consideration or court review, all ex immediate final rule. Unless we get parte contacts are prohibited in written comments which oppose this 47 CFR Part 73 Commission proceedings, such as this authorization during the comment one, which involve channel allotments. period, the immediate final rule will [DA No. 99±1881, MM Docket No. 99±284, RM±9697] See 47 CFR 1.1204(b) for rules become effective, and the Agency will governing permissible ex parte contact. not take further action on this proposal. Radio Broadcasting Services; For information regarding proper If we get comments that oppose this Galveston and Missouri City, TX filing procedures for comments, see 47 action, EPA will withdraw the CFR 1.415 and 1.420. immediate final rule and it will not take AGENCY: Federal Communications List of Subjects in 47 CFR Part 73 effect. EPA will then address public Commission. comments in a later final rule based on ACTION: Proposed rule. Radio broadcasting. this proposal. EPA may not provide Federal Communications Commission. SUMMARY: This document requests further opportunity for comment. Any John A. Karousos, comments on a petition filed by KQQK parties interested in commenting on this License, Inc., proposing the reallotment Chief, Allocations Branch, Policy and Rules action must do so at this time. Division, Mass Media Bureau. of Channel 293C from Galveston, Texas, If we receive comments that oppose to Missouri City, Texas, as that [FR Doc. 99–26423 Filed 10–8–99; 8:45 am] only the authorization of a particular community’s first local service and BILLING CODE 6712±01±P change to the State hazardous waste modification of its license for Station program, we will withdraw that part of KQQK to specify Missouri City as its FEDERAL COMMUNICATIONS today’s authorization rule. However, the community of license. The coordinates COMMISSION authorization of the program changes for Channel 293C at Missouri City are that are not opposed by any comments 29–16–03 and 95–10–09. In accordance 47 CFR Part 73 will become effective on the date with Section 1.420(i) of the Commission’s Rules, we shall not accept [DA 99±1882, MM Docket No. 99±285, RM± specified in the immediate final rule. 9717] The Federal Register withdrawal competing expressions of interest in the document will specify which part of the use of Channel 293C at Missouri City. Radio Broadcasting Services; authorization will become effective, and DATES: Comments must be filed on or Keeseville, NY which part is being withdrawn. before November 8, 1999, and reply comments on or before November 23, AGENCY: Federal Communications DATES: Send your written comments by 1999. Commission. November 12, 1999. ADDRESSES: Federal Communications ACTION: Proposed rule. ADDRESSES: Send written comments to Commission, Washington, DC 20554. In SUMMARY: The Commission requests Nina Kocourek U.S. Environmental addition to filing comments with the comments on a petition filed by John Protection Agency, Region 10, 1200 FCC, interested parties should serve the Anthony Bulmer seeking the allotment Sixth Avenue, WCM–122, Seattle WA, petitioner’s counsel, as follows: of Channel 250A to Keeseville, NY, as 98101. Phone: (206) 553–6502. You can Lawrence Roberts, May L. Plantamura, the community’s first local aural examine copies of the materials Davis Wright Tremaine LLP, 1155 service. Channel 250A can be allotted to submitted by Washington during normal Connecticut Ave., NW, suite 700, Keeseville in compliance with the business hours at the following Washington, DC 20036. Commission’s minimum distance locations: EPA Region 10 Library, 1200 FOR FURTHER INFORMATION CONTACT: separation requirements, with respect to Sixth Avenue, Seattle WA, 98101, (206) Kathleen Scheuerle, Mass Media domestic allotments, without the 553–1259; and the Washington Bureau, (202) 418–2180. imposition of a site restriction, at Department of Ecology, 300 Desmond SUPPLEMENTARY INFORMATION: This is a coordinates 44–30–18 North Latitude Drive, Lacey, WA 98503, contact summary of the Commission’s Notice of and 73–28–50 West Longitude. Patricia Hervieux at (360) 407–6756. Proposed Rule Making, MM Docket No. Keeseville is located within 320 99–284, adopted September 8, 1999, and kilometers (200 miles) of the U.S.- FOR FURTHER INFORMATION CONTACT: released September 17, 1999. The full Canadian border and will result in a Nina Kocourek, U.S. Environmental text of this Commission decision is short-spacing to Station CHOM–FM, Protection Agency, Region 10, 1200 available for inspection and copying Channel 249C1, Montreal, Quebec. Sixth Avenue, WCM–122, Seattle, WA during normal business hours in the Therefore, concurrence in the allotment 98101. Phone: (206) 553–6502. Commission’s Reference Center, 445 by the Canadian Government, as a specially negotiated short-spaced SUPPLEMENTARY INFORMATION: For Twelfth Street, SW, Washington, DC allotment, must be obtained. additional information, please see the 20554. The complete text of this immediate final rule published in the decision may also be purchased from DATES: Comments must be filed on or ‘‘Rules and Regulations’’ section of this the Commission’s copy contractors, before November 8, 1999, and reply International Transcription Services, comments on or before November 17, Federal Register. Inc., 1231 20th Street, NW., 1999.

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ADDRESSES: Federal Communications text of this Commission decision is parte contacts are prohibited in Commission, 445 12th Street, S.W., available for inspection and copying Commission proceedings, such as this Room TW–A325, Washington, DC during normal business hours in the one, which involve channel allotments. 20554. In addition to filing comments FCC Reference Center, 445 12th Street, See 47 CFR 1.1204(b) for rules with the FCC, interested parties should SW, Washington, DC. The complete text governing permissible ex parte contacts. serve the petitioner, or its counsel or of this decision may also be purchased For information regarding proper consultant, as follows: John Anthony from the Commission’s copy contractor, filing procedures for comments, see 47 Bulmer, P.O. Box 2040, Ashtabula, OH International Transcription Services, CFR 1.415 and 1.420. 44005–2040 (Petitioner). Inc., (202) 857–3800, 1231 20th Street, NW, Washington, DC 20036. List of Subjects in 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: Provisions of the Regulatory Leslie K. Shapiro, Mass Media Bureau, Radio broadcasting. Flexibility Act of 1980 do not apply to (202) 418–2180. this proceeding. Federal Communications Commission. SUPPLEMENTARY INFORMATION: This is a Members of the public should note John A. Karousos, synopsis of the Commission’s Notice of that from the time a Notice of Proposed Chief, Allocations Branch, Policy and Rules Proposed Rule Making, MM Docket No. Rule Making is issued until the matter Division, Mass Media Bureau. 99–285, adopted September 8, 1999, and is no longer subject to Commission [FR Doc. 99–26422 Filed 10–8–99; 8:45 am] released September 17, 1999. The full consideration or court review, all ex BILLING CODE 6712±01±P

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Notices Federal Register Vol. 64, No. 196

Tuesday, October 12, 1999

This section of the FEDERAL REGISTER through the use of appropriate The FSP EBT regulations are being contains documents other than rules or automated, electronic, mechanical, or revised to require the SAS No. 70 proposed rules that are applicable to the other technological collection examinations and this will add new public. Notices of hearings and investigations, techniques or other forms of information information collection burdens for committee meetings, agency decisions and technology. States and auditors conducting SAS No. rulings, delegations of authority, filing of petitions and applications and agency All comments will be summarized 70 examinations of EBT service statements of organization and functions are and included for the Office of providers. The SAS No. 70 examination examples of documents appearing in this Management and Budget approval of the results in a report on the policies and section. information collection. All comments procedures placed in operation by the will become a matter of public record. service provider and tests of their FOR FURTHER INFORMATION CONTACT: operating effectiveness. This kind of DEPARTMENT OF AGRICULTURE Jeffrey N. Cohen, telephone number report is commonly referred to by (703) 305–2517. auditors as a SAS No. 70 type 2 report. Food and Nutrition Service SUPPLEMENTARY INFORMATION: The new burden on State agencies is recordkeeping. The new burden on Agency Information Collection Title: Operating Guidelines, Forms auditors is the examination and report. Activities: Proposed Collection, and Waivers. Respondents: State agencies with Comment RequestÐFood Stamp OMB Number: 0584–0083. Electronic Benefits Transfer (EBT) Program: Operating Guidelines, Expiration Date: October 2002. systems delivering Food Stamp Program Forms, and Waivers Type of Request: Addition to a currently approved collection. benefits and auditors of EBT transaction AGENCY: Food and Nutrition Service, Abstract: On February 23, 1999, the processing service providers. USDA. Food and Nutrition Service (FNS) Number of respondents: 53 State ACTION: Notice. published a proposed rule at 64 FR 8733 agency respondents and 10 auditors of without including separate notice of a EBT transaction processing service SUMMARY: In accordance with the new information collection burden in providers. Paperwork Reduction Act of 1995, the OMB No. 0584–0083. This notice Estimated number of responses per Food and Nutrition Service (FNS) is corrects that omission and explains the respondent: 1 response per State agency publishing for public comment a new information collection burden for to retain and provide copies of SAS No. summary of new information collection Electronic Benefits Transfer (EBT) 70 examination reports annually. 10 being required by proposed regulations. system reporting. auditors performing 2 SAS No. 70 The proposed collection is an addition EBT systems currently deliver about examinations annually. to collection currently approved under 67% of all Food Stamp Program (FSP) Estimate of the burden: OMB No. 0584–0083. benefits. Forty-one States and the 10 auditors at an estimated 2,704 DATES: Comments on this notice must be District of Columbia have EBT systems hours or 27,040 hours annually. received by December 13, 1999, to be and thirty-four of those are 53 State agencies at an estimated 0.25 assured of consideration. implemented throughout the entire hours or 13.25 hours annually. ADDRESSES: Send comments and State or the District. In 1990, Congress Estimated total annual burden on requests for copies of this information allowed EBT as an option to States for respondents: 27,053.25 hours annually. collection to Jeffrey N. Cohen, Chief, the delivery of FSP benefits. In 1996 [Operating Guidlines, Forms, and Electronic Benefits Transfer Branch, Congress mandated that all State Waivers] Benefit Redemption Division, Food and agencies must deliver FSP benefits Dated: October 5, 1999. Nutrition Service, USDA, 3101 Park using EBT systems by October 1, 2002. Samuel Chambers, Jr., For the FSP, EBT systems move Center Drive, Alexandria, Virginia Administrator, Food and Nutrition Service. 22302. Comments may also be datafaxed money from Federal accounts held in [FR Doc. 99–26496 Filed 10–8–99; 8:45 am] to Mr. Cohen at (703) 605–0232 or they the name of each State to accounts at may be transmitted by e-mail to banks and other financial institutions BILLING CODE 3410±34±U [email protected]. held by or for food retailers. Retailers Comments are invited on: (a) Whether must first be authorized by FNS to DEPARTMENT OF AGRICULTURE the proposed collection of information accept food stamp benefits. States is necessary for the proper performance determine the eligibility and the Food Safety and Inspection Service of the functions of the Agency, monthly FSP allotments for recipients. including whether the information has a They give each household a plastic EBT [Docket No. 99±044N] practical use; (b) the accuracy of the card and a Personal Identification National Advisory Committee on Meat Agency’s estimate of the burden of the Number (PIN). State EBT systems and Poultry Inspection proposed collection of information operate like a debit card system with an including the validity of the immediate decrement to the household AGENCY: Food Safety and Inspection methodology and assumptions used; (c) account when the card and PIN are used Service, USDA. ways to enhance the quality, utility, and for a food purchase. The amount of the ACTION: Notice of public meeting. clarity of the information to be purchase is credited to the food retailer collected; and (d) ways to minimize the account and funds are settled each bank SUMMARY: The National Advisory burden of the collection of information working day through the Automated Committee on Meat and Poultry on those who are to respond, including Clearinghouse (ACH) process. Inspection will hold a public meeting

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.158 pfrm04 PsN: 12OCN1 55226 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices on November 3–4, 1999, to review and poultry inspection programs pursuant to designed to provide information and discuss five issues: (1) Extending sections 7(c), 24, 205, 301(a)(3), and receive public comments on substantive USDA’s Meat and Poultry Inspection 301(c) of the Federal Meat Inspection issues which may lead to new or revised Program to Additional Species Act and sections 5(a)(3), 5(c), 8(b), and agency regulations or instructions. (Inspection Methods Standing Sub- 11(e) of the Poultry Products Inspection Public involvement in all segments of Committee), (2) Reinforcing the Food Act. The Administrator of FSIS is the rulemaking and policy development are Code by Adopting Key Food Safety chairperson of the Committee. important. Consequently, in an effort to Provisions as Federal Performance Membership of the Committee is drawn better ensure that minorities, women, Standards, (3) Regulatory Reform (Inter- from representatives of consumer and persons with disabilities are made Governmental Roles Standing Sub- groups; producers, processors, and aware of this public meeting and are Committee), (4) HACCP Systems In- marketers from the meat and poultry informed about the mechanism for depth Verification Review, and (5) E. industry; and State government officials. providing their comments, FSIS will coli 0157 Action Plan (Resource The current members of the National announce it and provide copies of this Allocation Standing Sub-Committee). Advisory Committee on Meat and Federal Register publication in the FSIS Three standing subcommittees of the Poultry Inspection are: Terry Burkhardt, Constituent Update. full committee will also meet on Wisconsin Bureau of Meat Safety and FSIS provides a weekly FSIS November 3, 1999, to continue working Inspection; Dr. James Denton, Constituent Update, which is on issues discussed during the full University of Arkansas; Caroline Smith- communicated via fax to over 300 committee session. All interested parties DeWaal, Center for Science in the Public organizations and individuals. In are welcome to attend the meeting and Interest; Nancy Donley, Safe Tables Our addition, the update is available on line to submit written comments and Priority; Carol Tucker Foreman, Food through the FSIS web page located at suggestions concerning issues the Policy Institute, Consumer Federation of http://www.fsis.usda.gov. The update is Committee will review and discuss. A America; Dr. Cheryl Hall, Zacky Farms, used to provide information regarding schedule of when issues are scheduled Inc.; Kathleen Hanigan, Farmland FSIS policies, procedures, regulations, for discussion is available on the FSIS Foods; Dr. Lee C. Jan, Texas Department Federal Register Notices, FSIS public Homepage at http://www.fsis.usda.gov. of Health; Alice Johnson, National meetings, recalls, and any other types of DATES: The full Committee will hold a Turkey Federation; Dr. Collette Schultz information that could affect or would public meeting on Wednesday and Kaster, Premium Standard Farms; Dr. be of interest to our constituents/ Thursday, November 3–4, 1999, from Daniel E. LaFontaine, South Carolina stakeholders. The constituent fax list 8:30 a.m. to 5:30 p.m. Subcommittees Meat-Poultry Inspection Department; consists of industry, trade, and farm will hold public meetings on November Michael Mamminga, Iowa Department groups, consumer interest groups, allied 3, 1999, from 7:00 p.m. to 9:00 p.m. of Agriculture; Dr. Dale Morse, New health professionals, scientific York Office of Public Health; Rosemary professionals and other individuals that ADDRESSES: The full Committee meeting Mucklow, National Meat Association; have requested to be included. Through will take place at the United States and Gary Weber, National Cattlemen’s these various channels, FSIS is able to Department of Agriculture, Whitten Beef Association. On September 20, provide information with a much Building, 14th and Independence 1999, the Secretary of Agriculture broader, more diverse audience. For Avenue, S.W., Washington, DC in the appointed two new members to the more information and to be added to the Jefferson Room. The subcommittees will Committee: Donna Richardson, Howard constituent fax list, fax your request to meet in the Adams, Roosevelt, and University Cancer Center and Magdi the Office of Congressional and Public Washington Rooms of the Quality Hotel Abadir, Cuisine Solutions. Affairs, at (202) 720–5704. & Suites, Courthouse Plaza, 1200 North The Committee has three standing Courthouse Road, Arlington, Virginia Done at Washington, DC on: October 5, subcommittees to deliberate on specific 1999. 22201 (703) 524–4000. Send written issues and make recommendations to Thomas J. Billy, comments to the Food Safety and the whole Committee and to the Inspection Service (FSIS) Docket Clerk: Secretary of Agriculture. Administrator. Docket 99–044N, Room 102 Cotton Members of the public will be [FR Doc. 99–26559 Filed 10–8–99; 8:45 am] Annex Building, 300 12th Street, SW., required to register at the meeting. BILLING CODE 3410±DM±P Washington, DC 20250. Comments may There is no pre-registration required. also be sent by facsimile (202) 205– The meeting agenda will be available on 0381. The comments and the official the FSIS Homepage at http:// DEPARTMENT OF AGRICULTURE transcript of the meeting, when it www.fsis.usda.gov. Persons requiring a Forest Service becomes available, will be kept in the sign language interpreter or other Docket Clerk’s office at the address special accommodations should notify BHROWS (Big Game Habitat provided above. Michael N. Micchelli, by October 18, Restoration on a Watershed Scale) FOR FURTHER INFORMATION CONTACT: 1999. Project; Clearwater National Forest, Contact Michael N. Micchelli at (202) Clearwater County, ID 720–6269, FAX (202) 720–2345, or E- Additional Public Notification mail [email protected]. Pursuant to Department Regulation AGENCY: Forest Service, USDA. As lead SUPPLEMENTARY INFORMATION: 4300–4, ‘‘Civil Rights Impact Analysis,’’ agency for this project, the Forest dated September 22, 1993, FSIS has Service, with assistance from the Idaho Background considered the potential civil rights State Department of Fish and Game, will On February 12, 1997, the Secretary of impact of this public meeting on cooperate with other Federal agencies, Agriculture renewed the charter for the minorities, women, and persons with as well as County, State, and tribal Advisory Committee on Meat and disabilities. FSIS anticipates that this governments who display an interest in Poultry Inspection. The Committee public meeting will not have a negative the project, and who require assessment provides advice and recommendations or disportionate impact on minorities, and concurrence. to the Secretary of Agriculture women, or persons with disabilities. ACTION: Notice of intent to prepare an pertaining to Federal and State meat and However, public meetings generally are environmental impact statement (EIS)

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.237 pfrm04 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55227 for the improvement of the elk habitat stands of Douglas-fir and grand fir treatment access are expected to be situation within North Fork Clearwater which are shorter lived and less minimal, consisting of the River subbasin. resistant to many insects and diseases; reconstruction of existing roads and the (2) lodgepole pine cover types have possible construction of temporary SUMMARY: The Forest Service will nearly doubled and are approaching the roads for skyline yarder access or prepare an environmental impact end of their life cycle, putting them at helicopter landings. statement (EIS), titled BHROWS: risk from mountain pine beetle attack For the purpose of protecting the Middle-Black, to disclose the and large-scale, stand replacing fires; natural condition and biodiversity of the environmental effects of vegetative and (3) early successional stages, which area, an integrated pest management management proposals aimed at provide forage habitat for big game, now approach to noxious weed control improving the elk habitat situation occupy less than one-third of their would be proposed on selected sites within the Middle North Fork and historical range. These shifts in along area roads, trails, and disturbed Upper North Fork (Black Canyon) vegetative conditions have resulted in sites. This approach would consider the watersheds of the North Fork Clearwater the loss of elk habitat and have use of physical/mechanical, chemical, River subbasin. contributed in part towards the decline and/or biological management Both watersheds, totaling of elk populations within the analysis techniques, depending on specific sites approximately 156,000 acres, are area. and weed species. Since dormant seeds entirely on National Forest lands within The proposed action is designed to in existing weed populations can the North Fork Ranger District of the restore vegetative patterns across the germinate several years after treatment, Clearwater National Forest, Townships analysis area to a more natural follow-up treatments would be 38–41 North, Ranges 7–11 East, Boise condition than what currently exists, proposed, as would the treatment of Meridian, Clearwater County, Idaho. and by so doing, restore populations of new infestations, provided such The BHROWS project is a part of the native wildlife species, such as elk, to treatment fits within the scope of this Clearwater Basin Elk Habitat Initiative, near-normal distribution and analysis. a coalition of many diverse groups abundance. It includes treating up to Because some streams in the area are sharing a common interest in the future 28,700 acres of uniform stands of trees not meeting desired instream conditions and management of elk and elk habitat (primarily mid-successional stages), for cobble embeddedness, some of the in the Clearwater River basin. located mostly on the breaklands and erosion sources in the watershed would While elk concerns provide the colluvial midslopes. This portion of the be corrected by obliterating up to 150 impetus for the BHROWS project, elk landscape would be changed from a miles of roads in the Coyote/Game/Lick are only part of a much larger ecosystem uniform cover of trees to a more natural Creek areas. Depending on future access picture. Thus, this analysis is based on mosaic of tree cover and openings. Also needs, some of these roads may be the philosophy of ecosystem treated would be approximately 1,850 proposed for long-term intermittent management, featuring observation and acres of lodgepole pine stands in the status, rather than full obliteration. Such replication of natural disturbance higher elevations, with most of these roads would be closed to motorized processes, such as wildfire. In so doing, stands being converted to early traffic and placed in a condition to this analysis will look beyond elk at the successional stages. Portions of 4,600 assure they do not require active major processes that shape the North acres of recently acquired lands in the maintenance. Fork ecosystem. northeast corner of the analysis area Preliminary issues identified by the The proposal and subsequent effects would be planted with blister rust interdisciplinary team include the analysis will meet the intent of the resistant white pine and larch. Some of effects of the proposed action on Clearwater Forest Plan, using an the area proposed for planting is roadless areas, old growth habitat, water ecosystem management approach for the currently covered with thick brush and/ quality, fish habitat, air quality, analysis area. Management Areas within or logging slash and would have to be threatened/endangered/proposed/ the analysis area include: A3, cleared prior to planting. Also within sensitive species, scenic resources, emphasizing dispersed recreation; B2, the analysis area are approximately recreation, forest health, tribal treaty emphasizing proposed wilderness; C3, 10,000 acres of brushfields, some of rights, and heritage resources. emphasizing big-game winter range; C4, which are too old or too tall to provide Mitigation measures, project design emphasizing big-game winter range and needed forage for elk and other wildlife. features, and alternatives to the timber production; C8S, emphasizing This project will consider rejuvenating proposed action will be analyzed to big-game summer range and timber selected brushfields, primarily those address these issues and others that may production; E1, emphasizing growth that are no longer providing suitable surface during public scoping. and yield of timber; M1, emphasizing forage for elk, and are on deep soils and Public Involvement research natural areas; M2, emphasizing near a tree seed source. riparian management; and US, Methods of treatment for the above Public participation will be an emphasizing lands unsuitable for timber activities would mimic natural important part of this analysis. Issues production. disturbance patterns and patch sizes which emerge from public scoping will and would probably consist of be used to develop additional Proposed Action prescribed fire, slashing (hand or alternatives to this proposal. Methods An assessment, titled BHROWS mechanical), timber harvest (primarily being used to solicit public comment Assessment 8/16/99, was completed for helicopter yarding), or combinations include news releases, weekly radio the entire North Fork Clearwater River thereof. Most of the areas treated would interviews, newsletters, and monthly subbasin (840,000 acres). The results be planted with seral species of trees meetings with the Clearwater Elk indicate that the following current (primarily white pine and larch) and/or Recovery Team, a self-organized group vegetative species and age class shrubs (redstem ceanothus, willow, and of private citizens. A mailing list of distributions would not have occurred maple). Other areas treated would rely interested public will be maintained, under natural conditions: (1) Western on natural tree regeneration and the and a web page for this project and the white pine, once the dominant cover resprouting of existing shrub species. At Clearwater Basin Elk Habitat Initiative type, has been replaced by dense, young this time, road activities needed for can be accessed by logging on to:

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.155 pfrm04 PsN: 12OCN1 55228 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices www.fs.fed.us/rl/clearwater/cei/ Environmental Policy Act at 40 CFR Forest, 645 Washington Street, Ashland, ceihome.htm. 1503.3 in addressing these points. Oregon 97520, telephone 541–858– Comments concerning the scope of Comments received in response to 2402; email address is sjohnson/ the analysis should be received in this solicitation, including names and r6pnw,[email protected]. writing within 30 days from publication addresses of those who comment, will Dated: September 30, 1999. of this notice. Send written comments to be considered part of the public record Robert W. Shull, on this proposed action and will be Douglas Gober, District Ranger, 12370 B Acting Forest Supervisor. Highway 12, Orofino, ID 83544. available for public inspection. [FR Doc. 99–26480 Filed 10–8–99; 8:45 am] DATE: Comments submitted anonymously will The draft EIS is expected to be BILLING CODE 3410±11±M filed with the Environmental Protection be accepted and considered; however, Agency (EPA) and available for public those who submit anonymous review in November 1999. The comments will not have standing to DEPARTMENT OF AGRICULTURE comment period on the draft appeal the subsequent decision under environmental impact statement will be 36 CFR Parts 215 or 217. Forest Service 45 days from the date the Deciding Official Environmental Protection Agency Mt. Ashland Ski Area Expansion, publishes the notice of availability of The responsible official for decisions Rogue River National Forest, Jackson the draft EIS in the Federal Register. regarding this analysis is James Caswell, County, Oregon The final EIS is scheduled to be Clearwater National Forest Supervisor. His address is 12730 Highway 12, ACTION: Notice of intent to prepare an completed by March 2000. environmental impact statement. The Forest Service believes, at this Orofino, ID 83544. He will decide early stage, it is important to give whether or not to select an action or mix SUMMARY: The USDA, Forest Service reviewers notice of several court rulings of actions to improve the ecological will prepare an environmental impact related to public participation in the condition of the analysis area and best statement (EIS) to document the environmental review process. First, meet the habitat needs of elk and other analysis and disclose the environmental reviewers of draft environmental impact wildlife species. impacts of the proposed action to Point of Contact: Further information statements must structure their expand the Mt. Ashland Ski Area about this project can be obtained by participation in the environmental (MASA). The project area is located contacting George Harbaugh, review of the proposal so that it is approximately 7 miles south of Interdisciplinary Team Leader, at the meaningful and alerts an agency to the Ashland, Oregon, within the Siskiyou above address or by calling (208) 476– reviewer’s position and contentions. Mountains in Southern Oregon. The 4541. Vermont Yankee Nuclear Power Corp. v. proposed expansion would include NRDC, 435 U.S. 519, 553 (1978). Also Dated: September 28, 1999. construction of a new chairlift and environmental objections that could be Deanna M. Riebe, associated ski runs; a surface lift raised at the draft environmental impact Acting Forest Supervisor. providing novice skiers access to statement stage but that are not raised [FR Doc. 99–26464 Filed 10–8–99; 8:45 am] proposed runs; additional parking areas; until after completion of the final BILLING CODE 3410±11±M maintenance access roads; and environmental impact statement may be necessary supporting infrastructure— waived or dismissed by the courts. City sewer, water, and power lines. All of Angoon v. Hodel, 803 F.2d 1016, DEPARTMENT OF AGRICULTURE proposed expansion projects are within 1022 (9th Cir. 1986) and Wisconsin the existing Special Use Permit area Heritages, Inc. v. Harris, 490 F. Supp. Forest Service boundary. Proposed action would be 1334, 1338 (E.D. Wis. 1980). Because of implemented by MAA after Forest Supplement to the Final Environmental Service authorization is granted. Full these court rulings, it is very important Impact Statement for the Mt. Ashland that those interested in this proposed implementation is expected to take 2–3 Ski Area, Rogue River National Forest, years. The agency will give notice of the action participate by the close of the 45 Jackson County, Oregon day comment period so that substantive full environmental analysis and comments and objections are made AGENCY: Forest Service, USDA. decision making process on the proposed expansion so interested and available to the Forest Service at a time ACTION: Cancellation of a supplement to affected members of the public may when it can meaningfully consider them a final environmental impact statement. and respond to them in the final participate and contribute in the final environmental impact statement. SUMMARY: On January 19, 1999, a Notice decision. To assist the Forest Service in of Intent (NOI) to prepare a DATES: Additional comments identifying and considering issues and supplemental environmental impact concerning the scope of this analysis concerns on the proposed action, statement for the Mt. Ashland Ski Area should be received by October 29, 1999. comments on the draft environmental on the Ashland Ranger District of the ADDRESSES: Submit additional written impact statement should be as specific Rogue River National Forest was comments to Linda Duffy, District as possible. It is also helpful if published in the Federal Register Ranger, Ashland Ranger District, Rogue comments refer to specific pages or (64 FR 2873). This notice is being River National Forest, 645 Washington chapters of the draft statement. withdrawn because a NOI that Street, Ashland, Oregon, 97520. Comments may also address the specifically reflects the expansion FOR FURTHER INFORMATION CONTACT: adequacy of the draft environmental proposal for Mt. Ashland Ski Area will Linda Duffy or Steve Johnson, Ashland impact statement or the merits of the be published. The Forest Service NOI to Ranger District, Rogue River National alternatives formulated and discussed in prepare a supplemental is hereby Forest, 645 Washington Street, Ashland, the statement. Reviewers may wish to rescinded. Oregon, 97520, Telephone (541) 482– refer to the Council on Environmental FOR FURTHER INFORMATION CONTACT: 3333; FAX (541) 858–2402; email Regulations for implementing the Linda Duffy or Steve Johnson, Ashland address is sjohnson/ procedural provisions of the National Ranger District, Rogue River National [email protected].

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SUPPLEMENTARY INFORMATION: This site expected to be filed with the are made available to the Forest Service specific EIS will focus on a project Environmental Protection Agency (EPA) at a time when it can meaningfully proposal for expansion within the and to be available for public review in consider them and respond to them in existing Master Plan. The environmental November 1999. The comment period the final EIS. analysis will consider and include new on the draft EIS will be 45 days from the To assist the Forest Service in information or changed circumstances date EPA publishes the Notice of identifying and considering issues and since the programmatic decision on the Availability in the Federal Register. At concerns on the proposed action, ‘‘Master Plan’’ was made in 1991, the end of the comment period on the comments on the draft EIS should be as including an action partially contained draft EIS, comments will be analyzed specific as possible. It is also helpful if within an area previously inventoried as and considered by the Forest Service in comments refer to specific pages or roadless. A Forest Plan Amendment will preparing the final EIS. The final EIS is chapters of the draft EIS. Comments be needed to adjust the management scheduled to be completed by March may also address the adequacy of the allocation boundary from the 1990 2000. draft EIS or the merits of the alternatives Rogue River National Forest Land and Comments received in response to formulated and discussed in the Resource Management Plan. this notice, including names and statement. (Reviewers may wish to refer The MAA expansion proposed action addresses of those who comment, will to the Council on Environmental includes: construction of a new top be considered part of the public record Quality Regulations for implementing drive, quad chairlift and associated ski on this proposed action and will be the procedural provisions of the runs within the western portion of the available for public inspection. National Environmental Policy Act at 40 Special Use Permit area; approximately Comments submitted anonymously will CFR 1503.3 in addressing these points). 8 acres of surface lift corridors and be accepted and considered; however, The Forest Service is the Lead Agency staging areas, providing novice skiers those who submit anonymous for this EIS. The Forest Supervisor is the access to the proposed runs; a new skier comments will not have standing to Responsible Official. The Responsible services building; 2 additional work appeal the subsequent decision under Official will consider the comments, road segments; additional power, water 36 CFR Parts 215 or 217. Additionally, responses to the comments, lines and storage tanks, sewer lines; and pursuant to 7 CFR 1.27(d), any person environmental consequences discussed increase parking lot by 200 spaces. The may request the agency to withhold a in the final EIS, and applicable laws, legal location description for all actions submission from the public record by regulations, and policies. The is T. 40 S., R. 1 E., in sections 15, 16, showing how the Freedom of Responsible Official will document the 17, 20, 21, and 22, W.M., Jackson Information Act (FOIA) permits such Mt. Ashland Ski Area Expansion County, Oregon. confidentiality. Persons requesting such decision and the rationale for the Currently the variety of ski runs confidentiality should be aware that, decision in a ROD. The Forest Service offered at MASA does not reflect the under the FOIA, confidentiality may be decision will be subject to Forest predominate demand of skiers and granted in only very limited Service Appeal Regulations (36 CFR snowboarders, and projected future circumstances, such as to protect trade Part 215). trends. Intermediate and low secrets. The Forest Service will inform intermediate skiing terrain is currently the requester of the agency’s decision Dated: September 30, 1999. inadequate, particularly to skiing groups regarding the request for confidentiality, Robert W. Shull, and families with varying ski abilities and where the request is denied, the Acting Forest Supervisor. and skills. The primary purpose and agency will return the submission and [FR Doc. 99–26481 Filed 10–8–99; 8:45 am] need associated with this proposed notify the requester that the comments BILLING CODE 3410±11±M expansion is to make available may be resubmitted with or without additional novice and intermediate name and address within a specified skiing terrain. MASA’s capacity to host number of days. DEPARTMENT OF AGRICULTURE special programs and competitions is The Forest Service believes it is currently limited by available terrain important to give reviewers notice of Forest Service and the concurrent need to several court rulings related to public California Coast Provincial Advisory accommodate the general skiing public. participation in the environmental Committee In addition, the current skier service review process. First, reviewers of draft facilities are not in line with the number EISs must structure their participation AGENCY: Forest Service, USDA. of users and in some cases are in the environmental review of the ACTION: Notice of meeting. inadequate, for example, sanitation, proposal so that it is meaningful and food service, and vehicle parking. alerts an agency to the reviewer’s SUMMARY: The California Coast Preliminary issues include: water position and contentions. Vermont Provincial Advisory Committee (PAC) quality within a domestic supply Yankee Nuclear Power Corp. v. NRDC, will meet on October 27 and 28, 1999, watershed; protection of wetland 435 U.S. 519, 533 (1978). Also, at the Brook Trails Fire Department habitats and rare plant and animal environmental objections that could be Meeting Room in Willits, California. species; aesthetics and social raised at the draft EIS stage, but that are The meeting will be held from 9:00 to considerations; and the economic not raised until completion of the final 5:00 p.m. on October 27, and from 8:30 feasibility associated with the operation EIS, may be waived or dismissed by the a.m. to noon on October 28. The Brook and expansion of a commercial ski area. courts. City Angoon v. Hodel, 803 F.2d Trails Fire Department is located at Alternatives being considered include 1016, 1022 (9th Cir, 1986) and 24860 Birch St. in Willits. Agenda items opportunities to avoid or reduce Wisconsin Heritages, Inc. v. Harris, 490 to be covered include: (1) Update on impacts to wetland areas and alternative F. Supp. 1334, 1338 (E.D. Wis. 1980). Survey and Manage requirements of the locations for ski runs, parking and other Because of these court rulings, it is Northwest Forest Plan (to include status proposed ski area facilities. important that those interested in this of the lawsuit, preliminary injunctions Comments received on the draft EIS proposed action participate by the close and the Supplemental Environmental will be considered in the preparation of of the 45-day comment period so Impact Analysis); (2) Regional the final EIS. The draft EIS is now substantive comments and objections Ecosystem Office (REO) Update (to

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.015 pfrm04 PsN: 12OCN1 55230 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices include Interagency Advisory Management (Code 645), Grazing Land DEPARTMENT OF COMMERCE Committee/PAC Summit); (3) Work on Mechanical Treatment (Code 548), the Ground Subcommittee Report (to Nutrient Management (Code 590), Waste Census Bureau include scheduling of CY 2000 field Utilization (Code 633), Mulching (Code Census 2000 Content Reinterview Trips, and follow up to previous 484), Fence (Code 382), Fence, Non- Survey presentations on forest health, land electric (Code 382A), Fence, Electric allocations, and the 15% Retention (Code 382B). These practice standards ACTION: Proposed collection; comment Standards and Guidelines); (4) Schedule will be incorporated into Section IV of request. CY 2000 PAC meetings (to include the Field Office Technical Guide discussion on the proposal to work SUMMARY: The Department of (FOTG). Some of these practices may be jointly with the Northwest Sacramento Commerce, as part of its continuing used in conservation systems that treat PAC on the Fork Fire area rehabilitation effort to reduce paperwork and as a focus of activities); (5) Presentation highly erodible land. respondent burden, invites the general by CalTrans concerning herbicide use to EFFECTIVE DATES: Comments must be public and other federal agencies to take manage vegetation on State roadways received on or before December 13, this opportunity to comment on within the California Coast Province; (6) 1999. This series of new or revised proposed or continuing information Aquatic Conservation Subcommittee conservation practice standards will be collections, as required by the Report (to include recommended letter adopted after the close of the 60-day Paperwork Reduction Act of 1995, on Lake Pillsbury block water, follow up period. Public Law 104–13 (44 U.S.C. on the previous meeting’s fisheries 3506(c)(2)(A)). panel, and recommendation to provide FOR FURTHER INFORMATION CONTACT: DATES: Written comments must be federal staff persons to advice the State Inquire, or send comments in writing to submitted on or before December 13, on its watershed analyses); and (7) Open Kenneth Kaneshiro, State 1999. public comment. All California Coast Conservationist, Natural Resources ADDRESSES: Direct all written comments Provincial Advisory Committee Conservation Service (NRCS), P.O. Box to Linda Engelmeier, Departmental meetings are open to the public. 50004, Honolulu, Hawaii 96850. Forms Clearance Officer, Department of Interested citizens are encouraged to Comments can be also e-mailed to Commerce, Room 5027, 14th and attend. [email protected]. Constitution Avenue, NW, Washington, FOR FURTHER INFORMATION CONTACT: Copies of these standards are DC 20230 (or via the Internet at Direct questions regarding this meeting [email protected]). to Daniel Chisholm, USDA, Forest available from NRCS, Prince Kuhio FOR FURTHER INFORMATION CONTACT: Supervisor, Mendocino National Forest, Federal Building, 300 Ala Moana Requests for additional information or 825 N. Humboldt Avenue, Willows, CA Boulevard, room 4–118, Honolulu, copies of the information collection 95988, (530) 934–3316 or Phebe Brown, Hawaii, or by writing to NRCS, P.O. Box instrument(s) and instructions should Province Coordinator, USDA, 50004, Honolulu, Hawaii, 96850. Copies be directed to Joy Sharp, Census Bureau, Mendocino National Forest, 825 N. are also available electronically on the Room 3484/3, Washington, DC 20233; Humboldt Avenue, Willows, CA 95988, NRCS website at http:// (301) 457–3869. (530) 934–3316. www.hi.nrcs.gov/fotg/html. Practice SUPPLEMENTARY INFORMATION: Dated: October 4, 1999. code numbers are used as file names on Daniel K. Chisholm, the website. These standards are I. Abstract Forest Supervisor. available as MS Word 6.0 files. As part of its plan to evaluate the [FR Doc. 99–26416 Filed 10–8–99; 8:45 am] SUPPLEMENTARY INFORMATION: Section quality of data collected in the Census BILLING CODE 3410±11±M 343 of the Federal Agriculture 2000, the Census Bureau plans to Improvement and Reform Act of 1996 conduct the Census 2000 Content states that revisions made after Reinterview Survey (CRS). The DEPARTMENT OF AGRICULTURE enactment of the law to NRCS State evaluation of the quality of data collected in the Census 2000 is technical guides used to carry out Natural Resources Conservation important for both data users and highly erodible land and wetland Service census planners. Data users must have provisions of the law shall be made AGENCY: Natural Resources knowledge of the accuracy and available for public review and reliability of the data in order to make Conservation Service (NRCS), U.S. comment. For the next 60 days the Department of Agriculture. informed decisions about how errors in NRCS will receive comments relative to ACTION: Notice of proposed changes to the data may affect the conclusions they the proposed changes. Following that draw from analyzing the data. Census the Field Office Technical Guide period a determination will be made by (Hawaii) conservation practice planners require similar information to the NRCS regarding disposition of those standards. develop and test methods to improve comments and a final determination of the overall quality of the data produced SUMMARY: It is the intention of NRCS change will be made. in future censuses. Hawaii to issue a series of revised Kenneth M. Kaneshiro, The methods used to collect and practice standards for use in the State of State Conservationist, Natural Resources process census data are complex and Hawaii. These practice standards are Conservation Service, Honolulu, Hawaii. subject to error. One particular type of revised from the current National [FR Doc. 99–26470 Filed 10–8–99; 8:45 am] error, response error, arises from the Handbook of Conservation Practices. erroneous or unreliable reporting of BILLING CODE 3410±16±P These revised standards include characteristics. Response error in the Conservation Cover (Code 327), Forest decennial census has traditionally been Site Preparation (Code 490), Wildlife measured through content reinterview Wetland Habitat Management (Code surveys. The Census Bureau first began 644), Wildlife Upland Habitat conducting a census CRS after the 1950

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.239 pfrm04 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55231 census and continued to conduct one Following the conclusion of data DEPARTMENT OF COMMERCE for each of the following censuses. collection, reinterview data will then be The purpose of the CRS is twofold. matched to a census data file. Data from Census Bureau First, it will be used to estimate these two sources will then be analyzed response variance for most items on the to evaluate how responses provided Quarterly Survey of the Finances of census long form. To measure response during census enumeration compare to Public-Employee Retirement Systems variance, the reinterview will re-ask the those collected in the reinterview ACTION: Proposed collection; comment same set of questions applying, to the process. request. extent possible, similar survey An interviewer quality control procedures and replicating a similar set program will check households SUMMARY: The Department of of conditions. Secondly, the reinterview classified as ineligible for the CRS to Commerce, as part of its continuing will be used to make historical detect and deter falsification. Units with effort to reduce paperwork and comparisons to previous studies of unacceptable within-household match respondent burden, invites the general census content error. rates will be revisited to determine public and other Federal agencies to The CRS will attempt to evaluate whether the interviewer conducted the take this opportunity to comment on errors introduced in the actual CRS interview. proposed and/or continuing information collection and capture of the data. III. Data collections, as required by the Contributors to response variance Paperwork Reduction Act of 1995, OMB Number: Not Available. include, but are not limited to, the Public Law 104–13 (44 U.S.C. Form Number: Not Available (The 3506(c)(2)(A)). following: questionnaire design, questionnaire is nearly identical to the DATES: Written comments must be interview administration mode, Census 2000 long form but will have a submitted on or before December 13, question wording, inadequate unique form number). 1999. instruction, interviewer effects, and Type of Review: Regular submission. deliberate falsification by the Affected Public: Households. ADDRESSES: Direct all written comments respondent or interviewer. In addition, Estimated Number of Respondents: to Linda Engelmeier, Departmental sources of procedural error (e.g., 25,000. Forms Clearance Officer, Department of scanning and data capture errors) will Estimated Time Per Response: 20 Commerce, Room 5027, 14th and also be reflected in the response minutes. Constitution Avenue, NW, Washington, variance. Estimated Total Annual Burden DC 20230 (or via the Internet at Hours: 8,333 hours. [email protected]). II. Method of Collection Estimated Total Annual Cost: There is FOR FURTHER INFORMATION CONTACT: Approximately 25,000 housing units no cost to the respondent other than the Requests for additional information or that are designated to receive the census time to complete the information copies of the information collection long form will be selected for request. instrument(s) and instructions should reinterview purposes. Approximately Respondent’s Obligation: Mandatory. be directed to Russell Price, Acting one month following census Legal Authority: Title 13 United States Chief, Finance Branch, Governments enumeration, Census Bureau field Code, Sections 141 and 193. Division, U.S. Bureau of the Census, representatives (FRs) will recontact IV. Request for Comments Washington, DC 20233–6800 (301–457– selected households and reinterview Comments are invited on: (a) Whether 1488). them by asking the identical items as SUPPLEMENTARY INFORMATION: posed by the decennial long form. Only the proposed collection of information minor modifications will be made to the is necessary for the proper performance I. Abstract of the functions of the agency, including census long form to account for needed This quarterly survey was initiated by reinterview instructions, reference whether the information shall have a practical utility; (b) the accuracy of the the Census Bureau in 1968 at the period changes, etc. The reinterview request of both the Council of Economic questionnaire will also collect data on agency’s estimate of the burden (including hours and cost) of the Advisors and the Federal Reserve Board. only one randomly selected person in It gathers data on the assets of the 102 the household to reduce the burden proposed collection of information; (c) ways to enhance the quality, utility, and largest state and local government placed on the household. public-employee retirement systems. The mode of administration for the clarity of the information to be collected; and (d) ways to minimize the These systems hold over $1.5 trillion in reinterview survey will be telephone assets, which represent approximately and personal visit and interviews will burden of the collection of information on respondents, including through the 80 percent of all state and local be conducted by each of the twelve government public employee retirement census regional offices. FRs will first use of appropriate automated collection techniques or other forms of information system assets. attempt to reach households by These important data are used by the telephone; however, if a telephone technology. Comments submitted in response to Federal Reserve Board to track the number is not available or there are this notice will be summarized or public sector portion of the flow of other difficulties in reaching the included in the request for OMB funds accounts. The Bureau of household by telephone, FRs will make approval of this information collection; Economic Analysis uses the data on a personal visit to the sampled they also will become a matter of public corporate stock holdings to estimate household to collect the requested record. dividends received by State and local information. The FR will administer the government public employee retirement interview using a paper questionnaire, Dated: October 6, 1999. systems. These estimates, in turn, are similar to the census long form. To the Linda Engelmeier, used as a component in developing the extent possible, all other interviewing Departmental Forms Clearance Officer, Office national income and product accounts. procedures applied during the of the Chief Information Officer. In our planned submission for review reinterview will replicate those used [FR Doc. 99–26498 Filed 10–8–99; 8:45 am] of this collection, we will request an during census enumeration. BILLING CODE 3510±07±P extension of the expiration date and will

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.160 pfrm04 PsN: 12OCN1 55232 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices make minor formatting changes to the DEPARTMENT OF COMMERCE Signed at Washington, DC, this 23rd day of data collection instrument. September 1999. Foreign-Trade Zones Board Robert S. LaRussa, II. Method of Collection Assistant Secretary of Commerce for Import This is a mail canvass survey. [Order No. 1055] Administration, Alternate Chairman, Foreign- Responses are screened manually and Trade Zones Board. then entered on a microcomputer. No Grant of Authority for Subzone Status: Dennis Puccinelli, statistical methods are used to calculate E.I. Dupont de Nemours and Company, Acting Executive Secretary. the data. In those rare instances when Inc. (Crop Protection Products); El [FR Doc. 99–26582 Filed 10–8–99; 8:45 am] we are not able to obtain a response, Paso, IL BILLING CODE 3510±DS±P estimates are made for nonrespondents by using: Pursuant to its authority under the Foreign- A. Historical data for the same system. Trade Zones Act of June 18, 1934, as DEPARTMENT OF COMMERCE amended (19 U.S.C. 81a–81u), the Foreign- B. Latest available annual data. Trade Zones Board (the Board) adopts the Foreign-Trade Zones Board C. Estimates received by telephone following Order: calls to respondents. [Order No. 1060] Whereas, the Foreign-Trade Zones Act III. Data provides for ‘‘* * * the establishment Grant of Authority for Subzone Status: OMB Number: 0607–0143. ** * of foreign-trade zones in ports of Northrup Grumman CorporationÐ Form Number: F–10. entry of the United States, to expedite Electronic Sensors and Systems Division (Electronic Sensoring, Type of Review: Regular. and encourage foreign commerce, and for other purposes,’’ and authorizes the Processing, and Communications Affected Public: State and local Foreign-Trade Zones Board to grant to Technologies; Baltimore, MD, Area governments. qualified corporations the privilege of Pursuant to its authority under the Foreign- Estimated Number of Respondents: establishing foreign-trade zones in or 102. Trade Zones Act of June 18, 1934, as adjacent to U.S. Customs ports of entry; amended (19 U.S.C. 81a-81u), the Foreign- Estimated Time Per Response: 1 hour. Whereas, the Board’s regulations (15 Trade Zones Board (the Board) adopts the Estimated Total Annual Burden following Order: CFR Part 400) provide for the Hours: 408 hours. establishment of special-purpose Whereas, the Foreign-Trade Zones Act Estimated Total Annual Cost: The subzones when existing zone facilities provides for ‘‘ * * * the establishment estimated cost to the respondents is cannot serve the specific use involved, ** * of foreign-trade zones in ports of $7,156. and when the activity results in a entry of the United States, to expedite Respondent’s Obligation: Voluntary. significant public benefit and is in the and encourage foreign commerce, and Legal Authority: Title 13 U.S.C., public interest; for other purposes,’’ and authorizes the Section 182. Foreign-Trade Zones Board to grant to Whereas, the Economic Development qualified corporations the privilege of IV. Request for Comments Council for the Peoria Area, grantee of establishing foreign-trade zones in or Foreign-Trade Zone 114, has made Comments are invited on: (a) Whether adjacent to U.S. Customs ports of entry; application to the Board for authority to the proposed collection of information Whereas, the Board’s regulations (15 is necessary for the proper performance establish special-purpose subzone status CFR Part 400) provide for the of the functions of the agency, including at the crop protection products establishment of special-purpose whether the information shall have manufacturing facility of E.I. DuPont de subzones when existing zone facilities practical utility; (b) the accuracy of the Nemours and Company, Inc., located in cannot serve the specific use involved, agency’s estimate of the burden El Paso, Illinois (FTZ Docket 20–99, and when the activity results in a (including hours and cost) of the filed 5/7/99); significant public benefit and is in the proposed collection of information; (c) Whereas, notice inviting public public interest; ways to enhance the quality, utility, and comment has been given in the Federal Whereas, the Maryland Department of clarity of the information to be Register (64 FR 26933, 5/18/99); and, Transportation, grantee of Foreign-Trade collected; and (d) ways to minimize the Zone 73, has made application to the Whereas, the Board adopts the burden of the collection of information Board for authority to establish special- findings and recommendations of the on respondents, including through the purpose subzone status at the use of automated collection techniques examiner’s report, and finds that the manufacturing facilities (electronic or other forms of information requirements of the FTZ Act and the sensoring, processing, and technology. Board’s regulations are satisfied, and communications technologies) of that approval of the application would Comments submitted in response to Northrop Grumman Corporation— be in the public interest; this notice will be summarized and/or Electronic Sensors and Systems included in the request for OMB Now, therefore, the Board hereby Division, located near Baltimore, approval of this information collection; grants authority for subzone status at the Maryland (FTZ Docket 54–98, filed 12/ they also will become a matter of public crop protection products manufacturing 1/98); record. facility of E.I. DuPont de Nemours and Whereas, notice inviting public Company, Inc., located in El Paso, comment has been given in the Federal Dated: October 6, 1999. Register (63 FR 67853, 12/9/98); and, Illinois, (Subzone 114D), at the location Linda Engelmeier, Whereas, the Board adopts the described in the application, subject to Departmental Forms Clearance Officer, Office findings and recommendations of the the FTZ Act and the Board’s regulations, of the Chief Information Officer. examiner’s report, and finds that the [FR Doc. 99–26499 Filed 10–8–99; 8:45 am] including § 400.28. requirements of the FTZ Act and the BILLING CODE 3510±07±P Board’s regulations are satisfied, and

VerDate 06-OCT-99 18:15 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm08 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55233 that approval of the application would Agricultural Caribe Industries, Ltd.), EFFECTIVE DATE: October 12, 1999. be in the public interest; located in Manatı´, Puerto Rico (FTZ FOR FURTHER INFORMATION CONTACT: Eun Docket 21–99, filed 5/7/99); Now, therefore, the Board hereby W. Cho, Kathryn B. McCormick or Whereas, notice inviting public grants authority for subzone status at the Melissa G. Skinner, Import comment has been given in the Federal electronic sensoring, processing, and Administration, International Trade Register (64 FR 26934, 5/18/99); and, communications technologies Administration, U.S. Department of Whereas, the Board adopts the manufacturing facilities of Northrop Commerce, 14th Street and Constitution findings and recommendations of the Grumman Corporation—Electronic Avenue, N.W., Washington, D.C. 20230; examiner’s report, and finds that the Sensors and Systems Division, located telephone: (202) 482–1698, or (202) requirements of the FTZ Act and the near Baltimore, Maryland (Subzone 482–1560 respectively. 73B), at the locations described in the Board’s regulations are satisfied, and application, subject to the FTZ Act and that approval of the application would Extension of Final Results the Board’s regulations, including be in the public interest; § 400.28. Now, therefore, the Board hereby In accordance with section 751(c)(5)(C)(v) of the Tariff Act of 1930, Signed at Washington, DC, this 23rd day of grants authority for subzone status at the crop protection products manufacturing as amended (‘‘the Act’’), the Department September 1999. may treat a sunset review as Robert S. LaRussa, facility of E.I. DuPont de Nemours and Company, Inc., located in Manatı´, extraordinarily complicated if it is a Assistant Secretary of Commerce for Import Puerto Rico, (Subzone 7E), at the review of a transition order (i.e., an Administration, Alternate Chairman, Foreign- order in effect on January 1, 1995). The Trade Zones Board. location described in the application, subject to the FTZ Act and the Board’s Department has determined that the Dennis Puccinelli, regulations, including § 400.28. sunset reviews of the following Acting Executive Secretary. antidumping and countervailing duty [FR Doc. 99–26584 Filed 10–8–99; 8:45 am] Signed at Washington, DC, this 23rd day of orders are extraordinarily complicated: September 1999. BILLING CODE 3510±DS±U Robert S. LaRussa, A–428–802 Industrial Belts Except Assistant Secretary of Commerce for Import Synchronous & V Belts from Germany DEPARTMENT OF COMMERCE Administration, Alternate Chairman, Foreign- A–475–802 Synchronous and V-Belts Trade Zones Board. from Italy Foreign-Trade Zones Board Dennis Puccinelli, A–588–807 Industrial Belts from Japan Acting Executive Secretary. [Order No. 1056] [FR Doc. 99–26583 Filed 10–8–99; 8:45 am] A–559–802 V-Belts from Singapore Grant of Authority for Subzone Status: BILLING CODE 3510±DS±P A–351–804 Industrial Nitrocellulose E.I. Dupont de Nemours and Company, from Brazil Inc. (Crop Protection Products); A–427–009 Industrial Nitrocellulose ManatõÂ'', PR DEPARTMENT OF COMMERCE from France Pursuant to its authority under the Foreign- International Trade Administration A–428–803 Industrial Nitrocellulose Trade Zones Act of June 18, 1934, as from Germany amended (19 U.S.C. 81a–81u), the Foreign- Extension of Time Limit for Final A–588–812 Industrial Nitrocellulose Trade Zones Board (the Board) adopts the Results of Five-Year Reviews from Japan following Order: AGENCY: Import Administration, A–580–805 Industrial Nitrocellulose Whereas, the Foreign-Trade Zones Act International Trade Administration, from Korea provides for ‘‘ * * * the establishment Department of Commerce. A–570–802 Industrial Nitrocellulose ** * of foreign-trade zones in ports of ACTION: Notice of extension of time limit from the People’s Republic of China entry of the United States, to expedite for final results of five-year (‘‘sunset’’) A–412–803 Industrial Nitrocellulose and encourage foreign commerce, and reviews. for other purposes,’’ and authorizes the from the United Kingdom Foreign-Trade Zones Board to grant to SUMMARY: The Department of Commerce A–479–801 Industrial Nitrocellulose qualified corporations the privilege of (‘‘the Department’’) is extending the from Yugoslavia establishing foreign-trade zones in or time limit for the final results of 16 A–122–804 Steel Rail from Canada adjacent to U.S. Customs ports of entry; expedited sunset reviews initiated on Whereas, the Board’s regulations (15 June 1, 1999 (64 FR 29261) covering C–122–805 Steel Rail from Canada CFR Part 400) provide for the various antidumping and countervailing A–588–810 Mechanical Transfer establishment of special-purpose duty orders. Based on adequate Presses from Japan subzones when existing zone facilities responses from domestic interested Therefore, the Department is cannot serve the specific use involved, parties and inadequate responses from extending the time limit for completion and when the activity results in a respondent interested parties, the of the final results of these reviews until significant public benefit and is in the Department is conducting expedited not later than December 28, 1999, in public interest; sunset reviews to determine whether accordance with section 751(c)(5)(B) of Whereas, the Puerto Rico Industrial revocation of the antidumping and the Act. Development Company, grantee of countervailing duty orders would be Foreign-Trade Zone 7, has made likely to lead to continuation or Dated: September 29, 1999. application to the Board for authority to recurrence of dumping or a Robert S. LaRussa, establish special-purpose subzone status countervailable subsidy. As a result of Assistant Secretary for Import at the crop protection products these extensions, the Department Administration. manufacturing facility of E.I. DuPont de intends to issue its final results not later [FR Doc. 99–26585 Filed 10–8–99; 8:45 am] Nemours and Company, Inc. (DuPont than December 28, 1999. BILLING CODE 3510±DS±P

VerDate 06-OCT-99 18:30 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm08 PsN: 12OCN1 55234 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices

DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE duty order on chrome-plated lug nuts from Taiwan (56 FR 47736). On International Trade Administration International Trade Administration September 30, 1998, the petitioner, [A±583±810] Consolidated International Automotive, [A±357±007] Inc. (‘‘Consolidated’’), requested that we Chrome-Plated Lug Nuts From Taiwan; conduct an administrative review for Carbon Steel Wire Rod From Preliminary Results of Antidumping the period September 1, 1997, through Argentina; Antidumping Duty Duty Administrative Review August 31, 1998. We published a notice Administrative Review; Extension of of ‘‘Initiation of Antidumping and AGENCY: Import Administration, Time Limit Countervailing Duty Administrative International Trade Administration, Review’’ on October 29, 1997 (62 FR Department of Commerce. AGENCY: Import Administration, 58705), and sent questionnaires to the ACTION: International Trade Administration, Notice of preliminary results of following firms: Anmax Industrial Co., antidumping duty administrative Department of Commerce. Ltd. (‘‘Anmax’’), Buxton International review. Corporation (‘‘Buxton’’), Chu Fong ACTION: Notice of extension of time Metallic Electric Co. (‘‘Chu Fong’’), SUMMARY: In response to a request by the limit. Everspring Plastic Corp. (‘‘Everspring’’), petitioner, the Department of Commerce Gingen Metal Corp. (‘‘Gingen’’), (‘‘the Department’’) is conducting an SUMMARY: The Department of Commerce Gourmet Equipment (Taiwan) administrative review of the (the Department) is extending the time Corporation (‘‘Gourmet’’), Hwen Hsin antidumping duty order on chrome- Enterprises Co., Ltd. (‘‘Hwen’’), Kwan limit of the preliminary results of the plated lug nuts from Taiwan. The antidumping duty administrative review How Enterprises Co., Ltd. (‘‘Kwan review covers 17 manufacturers/ How’’), Kwan Ta Enterprises Co. Ltd of Carbon Steel Wire Rod From exporters of the subject merchandise to Argentina. This review covers the (‘‘Kwan Ta’’), Kuang Hong Industries, the United States for the period of Ltd. (‘‘Kuang’’), Multigrand Industries period November 1, 1997 through review (‘‘POR’’) September 1, 1997, October 31, 1998. Inc. (‘‘Multigrand’’), San Chien Electric through August 31, 1998. Industrial Works, Ltd. (‘‘San Chien’’), For all companies named in this EFFECTIVE DATE: October 12, 1999. San Shing Hardware Works Co., Ltd. review, we are basing our preliminary (‘‘San Shing’’), Transcend International FOR FURTHER INFORMATION CONTACT: results on ‘‘facts available’’ (‘‘FA’’). If Co. (‘‘Transcend’’), Trade Union Helen Kramer or Linda Ludwig, Office these preliminary results are adopted in International Inc./Top Line (‘‘Trade of AD/CVD Enforcement, Group III, our final results of administrative Union’’), Uniauto, Inc. (‘‘Uniauto’’) and Import Administration, International review, we will instruct the U.S. Wing Tang Electrical Manufacturing Trade Administration, U.S. Department Customs Service (‘‘Customs’’) to assess Company, Inc (‘‘Wing’’). Gourmet and of Commerce, 14th Street and antidumping duties on entries during Trade Union responded to the Constitution Avenue, NW, Washington, the POR. questionnaire. DC 20230; telephone (202) 482–0405 or Interested parties are invited to Questionnaires that were sent to 482–3833, respectively. comment on these preliminary results. Transcend, Kwan How, Kwan Ta, Parties who submit comments are Kuang, Everspring, and Gingen were SUPPLEMENTARY INFORMATION: Owing to requested to submit with each comment returned as undeliverable. We are the complexity of model match issues in (1) a statement of the issue and (2) a classifying these companies as this case, it is not practicable to brief summary of their comment. ‘‘unlocated companies’’, and, in complete this review within the original EFFECTIVE DATE: October 12, 1999. accordance with our practice with time limit. See Decision Memorandum FOR FURTHER INFORMATION CONTACT: respect to companies to which we from Joseph A. Spetrini, Deputy Nova Daly or Thomas Futtner, Import cannot send a questionnaire, are Assistant Secretary, Enforcement Group Administration, International Trade assigning them the ‘‘all others’’ rate III, to Robert S. LaRussa, Assistant Administration, U.S. Department of established in the less-than-fair-value Secretary for Import Administration, Commerce, 14th Street and Constitution (‘‘LTFV’’) investigation, which was 6.93 dated April 20, 1999. Therefore, the Avenue, N.W., Washington, D.C. 20230; percent. See Steel Wire Rope From the Department is extending the time limit telephone (202) 482–0989 or (202) 482– Republic of Korea; Final Results of for completion of the preliminary 3814, respectively. Antidumping Duty Administrative Review, 60 FR 63503 (December 11, results until November 30, 1999, in Applicable Statute and Regulations accordance with Section 751(a)(3)(A) of 1995); see also Sweaters Wholly or in the Trade and Tariff Act of 1930, as Unless otherwise indicated, all Chief Weight of Man-Made Fiber From amended by the Uruguay Round citations to the statute are references to Hong Kong; Final Results of Agreements Act of 1994. the provisions effective January 1, 1995, Antidumping Duty Administrative the effective date of the amendments Review, 59 FR 13926 (March 24, 1994). Dated: September 30, 1999. made to the Tariff Act of 1930, as Richard O. Weible, amended, (‘‘the Act’’) by the Uruguay Scope of the Review Acting Deputy Assistant Secretary, Round Agreements Act (‘‘URAA’’). In The merchandise covered by this Enforcement Group III. addition, unless otherwise indicated, all review is one-piece and two-piece [FR Doc. 99–26587 Filed 10–8–99; 8:45 am] citations to the Department’s regulations chrome-plated lug nuts, finished or unfinished, which are more than 11⁄16 BILLING CODE 3510±DS±P refer to the regulations codified at 19 CFR Part 351 (1998). inches (17.45 millimeters) in height and SUPPLEMENTARY INFORMATION: which have a hexagonal (hex) size of at least 3⁄4 inches (19.05 millimeters), but Background not over one inch (25.4 millimeters), On September 20, 1991, the plus or minus 1⁄16 of an inch (1.59 mm). Department published the antidumping The term ‘‘unfinished’’ refers to

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Zinc-plated lug nuts, accounting system, the Department requested that the Department utilize an finished or unfinished, and stainless- would not be able to reconcile the data alternative method of verification in steel capped lug nuts are not within the Gourmet submitted in its responses to order to substantiate the information scope of this review. Chrome-plated the Department’s questionnaires with submitted in Gourmet’s January 20, lock nuts are also not within the scope Gourmet’s financial statements or bank 1999, response to the Department’s of this review. accounts. See comments in memo from questionnaire. This method would be During the period of review, chrome- Tom Futtner to Holly Kuga regarding based on a reconciliation of the plated lug nuts were provided for under the facts available decision for Gourmet, company’s sales to its bank statements. subheading 7318.16.00.00 of the September 20, 1999 (‘‘FA memo’’). However, as was determined in the Harmonized Tariff Schedule (HTS). Section 776(a)(2)(D) allows the previous review period, we do not Although the HTS subheading is Department to use facts otherwise consider this a reliable method on provided for convenience and Customs available in reaching the applicable which to base our verification of the purposes, our written description of the determination if a respondent provides company’s submitted sales data. See scope of this review is dispositive. information but the requested Chrome-Plated Lug Nuts From Taiwan; Facts Available information can not be verified. Final Results of Antidumping Duty As explained in more detail below, Administrative Review, 64 FR 17314 In accordance with section 776(a) of the aforementioned companies have (April 9, 1999). For further detail on this the Act, we preliminarily determine that failed to cooperate to the best of their matter, also see FA memo. Reliance on the use of facts available is appropriate ability to provide the information the accounting system used for the as the basis for dumping margins for requested by the Department. As a preparation of the financial statements Anmax, Buxton, Chu Fong, Multigrand, consequence, we have used an adverse is a key and vital part of the Uniauto, Hwen, San Chien, San Shing, inference in selecting the facts available Department’s determination that a Wing, Trade Union, and Gourmet. to determine their margins in company’s sales and constructed value Section 776(a)(2) of the Act provides accordance with section 776(b) of the data are credible. Although Gourmet is that, if an interested party (A) withholds Act. aware of the Department’s requirements information that has been requested by Anmax, Buxton, Chu Fong, for verifiable submissions, it has, once the Department, (B) fails to provide such Multigrand, Uniauto, Hwen, San Chien, again, provided information which the information in a timely manner or in the San Shing, and Wing received the Department can not verify. Therefore, form or manner requested, subject to Department’s questionnaire and did not Gourmet has failed to cooperate by not subsections 782(c)(1) and 782(e) of the respond. These companies have acting to the best of its ability to comply Act, (C) significantly impedes a received questionnaires in previous with a request for information from the determination under the antidumping administrative reviews and have Department. Because its submission is statute, or (D) provides such information continued to abstain from participation. not reconcilable, it is not verifiable. but the information cannot be verified See Chrome-Plated Lug Nuts From Consequently, we have determined, in as provided in section 782(i) of the Act, Taiwan; Preliminary Results of accordance with section 776(b), that the then the Department shall, subject to Antidumping Duty Administrative use of adverse facts available also is section 782(d) of the Act, use facts Review and Termination in Part, 63 FR warranted for Gourmet. Section 776(b) otherwise available in reaching the 53875 (October 7, 1998). Trade Union also authorizes the Department to use as applicable determination. also has been a party to the antidumping adverse facts available, information Because the following firms did not proceedings for lug nuts from Taiwan in derived from secondary information. In respond to the Department’s past administrative reviews. In this this case, we have used the highest rate antidumping questionnaire, and review, Trade Union received the from the proceeding, which is 10.67 therefore, have withheld information Department’s questionnaire but percent. This rate was calculated in the that has been requested by the submitted its response over one month Amendment to the Final Determination Department, we preliminarily determine past the Department’s deadline. Trade of Sales at Less Than Fair Value (56 FR that in accordance with section Union never requested an extension 47737 September 20, 1991), covering the 776(a)(2)(A) of the Act, the use of facts and, hence, the Department rejected its period May 1, 1990 through October 31, available is appropriate for Anmax, submission as untimely, pursuant to 19 1990. Buxton, Chu Fong, Multigrand, Uniauto, CFR 351.302(d). Because these Because information from prior Hwen, San Chien, San Shing, and Wing. companies have either submitted no segments of the proceeding constitutes In addition, although Trade Union response or an untimely response to the secondary information, section 776(c) provided some information in response Department’s questionnaire, the provides that the Department shall, to to the Department’s questionnaire, its Department finds that Anmax, Buxton, the extent practicable, corroborate submission was untimely filed with the Chu Fong, Multigrand, Uniauto, Hwen, secondary information from Department. Thus, we preliminarily San Chien, San Shing, Wing, and Trade independent sources reasonably at its determine that the use of facts available, Union have not acted to the best of their disposal. The Statement of in accordance with section 776(a)(2)(B) ability and should be subject to adverse Administrative Action (‘‘SAA’’) of the Act, is also warranted with inferences for facts available under provides that corroborate means simply respect to this company. section 776(b) of the Act. that the Department will satisfy itself The Department also sent a Gourmet submitted timely responses that the secondary information to be questionnaire and supplemental to the Department’s questionnaire and used has probative value. H.R. Doc. No. questionnaires to Gourmet, which supplemental questionnaire. However, 103–316, Vol.1 at 870 (1994). provided timely responses. However, as in Gourmet’s supplemental To corroborate secondary information, was determined in the previous segment questionnaire, Gourmet indicated that it the Department will, to the extent of the proceeding, see Chrome-Plated would not provide the Department with practicable, examine the reliability and

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Thus, in an preliminary results. Case briefs are manufacturer is, the cash deposit rate administrative review, if the Department currently scheduled for submission will be the rate established for the most chooses as facts available a calculated within 30 days after the date of recent period for the manufacturer of dumping margin from a prior segment of publication of this notice, and rebuttal the merchandise; and (4) if neither the the proceeding, it is not necessary to briefs, limited to arguments raised in exporter nor the manufacturer is a firm question the reliability of the margin for case briefs, must be submitted no later covered in this or any previous reviews that time period. With respect to the than five (5) days after the time limit for or the original investigation, the cash relevance aspect of corroboration, filing case briefs. Parties who submit an deposit rate will be 6.93 percent, the however, the Department will consider argument in this proceeding are ‘‘all others’’ rate established in the LTFV information reasonably at its disposal as requested to submit with the argument: investigation. to whether there are circumstances that (1) A statement of the issue, and (2) a This notice serves as a preliminary would render a margin not relevant. brief summary of the argument. Case reminder to importers of their Where circumstances indicate that the and rebuttal briefs must be served on responsibility, under 19 CFR 351.402(f), selected margin is not appropriate as interested parties in accordance with 19 to file a certificate regarding the facts available, the Department will CFR 351.303(f). Also, pursuant to 19 reimbursement of antidumping duties disregard the margin and determine an CFR 351.310, within 30 days of the date prior to liquidation of the relevant appropriate margin, see, e.g., Fresh Cut of publication of this notice, interested entries during this review period. Flowers from Mexico; Final Results of parties may request a public hearing on Failure to comply with this requirement Antidumping Duty Administrative arguments raised in the case and could result in the Secretary’s Review (61 FR 63822, 63824 December rebuttal briefs. Unless the Secretary presumption that reimbursement of 2, 1996), where the Department specifies otherwise, the hearing, if antidumping duties occurred and the disregarded the highest margin as requested, will be held two days after subsequent assessment of double adverse facts available because the the deadline for submission of rebuttal antidumping duties. margin was based on another company’s briefs. The Department will issue a This administrative review and notice uncharacteristic business expense notice of the final results of this are in accordance with sections resulting in an unusually high margin. administrative review, including its 751(a)(1) and 777(i)(1) of the Act. No such circumstances exist in this case analysis of issues raised in any case or rebuttal brief or at a hearing, not later Dated: September 29, 1999. which would cause the Department to Robert S. LaRussa, disregard a prior margin. than 120 days after the date of publication of this notice. Assistant Secretary, Import Administration. Preliminary Results of Review The Department shall determine, and [FR Doc. 99–26591 Filed 10–8–99; 8:45 am] As a result of this review, we Customs shall assess, based on the BILLING CODE 3510±DS±P preliminarily determine that the above rates, antidumping duties on all following margins exist for the period appropriate entries. The rate will be September 1, 1997, through August 31, assessed uniformly on all entries DEPARTMENT OF COMMERCE 1998: supplied by that particular company during the POR. Upon completion of International Trade Administration Percent this review, the Department will issue [A±570±848] Manufacturer/exporter margin appraisement instructions on each manufacturer/exporter directly to Notice of Preliminary Results of Gourmet Equipment (Taiwan) Customs. Antidumping Duty Administrative Corporation ...... 10.67 Furthermore, the following deposit Review and New Shipper Reviews, Buxton International/Uniauto .... 10.67 requirements will be effective upon Partial Rescission of the Antidumping Chu Fong Metallic Electric Co .. 10.67 completion of the final results of this Transcend International ...... 6.93 Duty Administrative Review, and San Chien Industrial Works, Ltd 10.67 administrative review for all shipments Rescission of the New Shipper Review Anmax Industrial Co., Ltd ...... 10.67 of chrome plated lug nuts from Taiwan for Yancheng Baolong Biochemical Everspring Plastic Corp ...... 6.93 entered, or withdrawn from warehouse, Products, Co. Ltd.: Freshwater Gingen Metal Corp ...... 6.93 for consumption on or after the Crawfish Tail Meat From the People's Hwen Hsin Enterprises Co., Ltd 10.67 publication date of the final results of Republic of China Kwan How Enterprises Co., Ltd 6.93 this administrative review, as provided Kwan Ta Enterprises Co., Ltd .. 6.93 by section 751(a)(1) of the Act: (1) The AGENCY: Import Administration, Kuang Hong Industries Ltd ...... 6.93 cash deposit rate for the reviewed International Trade Administration, Multigrand Industries Inc ...... 10.67 companies will be the rates established Department of Commerce. San Shing Hardware Works in the final results of this administrative SUMMARY: The Department of Commerce Co., Ltd ...... 10.67 Trade Union International Inc./ review (except no cash deposit will be (the Department) is conducting an Top Line ...... 10.67 required where the weighted-average administrative review of the Uniauto, Inc ...... 10.67 margin is de minimis, i.e., less than 0.5 antidumping duty order on freshwater Wing Tang Electrical Manufac- percent); (2) for merchandise exported crawfish tail meat from the People’s turing Company ...... 10.67 by manufacturers or exporters not Republic of China (PRC) in response to covered in this review but covered in requests from petitioner and from Pursuant to 19 CFR 351.224(b), the the LTFV investigation or a previous respondent Ningbo Nanlian Frozen Department will disclose to parties to review, the cash deposit will continue Foods Company, Ltd. (Ningbo Nanlian).

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The Department is also conducting new administrative review of the following which it first shipped the merchandise shipper reviews in response to requests companies: Ningbo Nanlian, Huaiyin for export to the United States, or if the from respondents Yancheng Baolong Ningtai Fisheries Co., Ltd. (Huaiyin merchandise has not yet been shipped Biochemical Products Co., Ltd. (Baolong Ningtai), Nantong Delu Aquatic Food or entered, the date of sale; (ii) a list of Biochemical), Lianyungang Haiwang Co., Ltd. (Nantong Delu), Binzhou the firms with which it is affiliated; (iii) Aquatic Products Co., Ltd. (Haiwang) Prefecture Foodstuffs Import & Export a statement from such exporter or and Qingdao Rirong Foodstuff Co., Ltd. Corp. (Binzhou Foodstuffs), Yancheng producer, and from each affiliated firm, (Rirong), PRC exporters of subject Foreign Trade Corp. (Yancheng FTC), that it did not, under its current or a merchandise. These reviews generally Yancheng Baolong Aquatic Foods Co., former name, export the merchandise cover the period March 26, 1997 Ltd. (Baolong Aquatic), China during the POI; and (iv) in an through August 31, 1998. See the Everbright Trading Company (China antidumping proceeding involving ‘‘Background’’ section of this notice, Everbright), Huaiyin Foreign Trade inputs from a non-market-economy below. Corp. (Huaiyin FTC), and Jiangsu (NME) country, a certification that the We preliminarily determine that sales Cereals, Oils & Foodstuffs Import & export activities of such exporter or have been made below normal value Export Corp. (Jiangsu Ceroilfood). See producer are not controlled by the (NV). The preliminary results are listed Initiation of Antidumping and central government. See 19 CFR below in the section titled ‘‘Preliminary Countervailing Duty Administrative 351.214(b)(ii) and (iii). Results of Review.’’ If these preliminary Reviews, Requests for Revocation in Part Haiwang’s, Rirong’s, and Baolong results are adopted in our final results, and Deferral of Administrative Reviews, Biochemical’s requests were we will instruct the U.S. Customs 63 FR 58010 (October 29, 1998). This accompanied by information and Service to assess antidumping duties administrative review covers the period certifications establishing the effective based on the difference between the of March 26, 1997 through August 31, date on which each company first export price (EP) or constructed export 1998, except with respect to Ningbo shipped and entered freshwater price (CEP), as applicable, and NV. Nanlian. The period of review for crawfish tail meat for consumption in Interested parties are invited to Ningbo Nanlian is April 1, 1998 through the United States, the volume of each comment on these preliminary results. August 31, 1998, because we reviewed shipment, and the date of first sale to an (See the ‘‘Preliminary Results of sales for Ningbo Nanlian prior to April unaffiliated customer in the United Review’’ section of this notice.) 1, 1998 in our new shipper review of States. Haiwang, Rirong and Baolong Biochemical each claimed it had no EFFECTIVE DATE: this firm. See Freshwater Crawfish Tail October 12, 1999. affiliated companies which exported FOR FURTHER INFORMATION CONTACT: Meat From the People’s Republic of China; Final Results of New Shipper freshwater crawfish tail meat from the Andrew Nulman, Michael Strollo, or PRC during the POI. In addition, Maureen Flannery, Import Review, 64 FR 27961 (May 24, 1999) (Ningbo New Shipper Review). Haiwang, Rirong, and Baolong Administration, International Trade Biochemical each certified that its Administration, U.S. Department of On September 29, 1998, the export activities are not controlled by Commerce, 14th Street and Constitution Department received requests from the central government. On October 30, Avenue, NW, Washington, DC 20230; Haiwang and Rirong, and on September 1998, the Department initiated these telephone: (202) 482–4052, (202) 482– 30, 1998, the Department received a new shipper reviews covering the 5255, or (202) 482–3020, respectively. request from Baolong Biochemical, for period March 26, 1997 through August new shipper reviews of the antidumping The Applicable Statute 31, 1998. These new shipper reviews duty order on freshwater crawfish tail cover the same period as the Unless otherwise indicated, all meat from the PRC. These requests were administrative review. See Freshwater citations to the Tariff Act of 1930, as pursuant to section 751(a)(2)(B) of the Crawfish Tail Meat From the People’s amended (the Act) are to the provisions Act and section 351.214(b) of the Republic of China: Initiation of New- effective January 1, 1995, the effective Department’s regulations, which state Shipper Antidumping Administrative date of the amendments made to the Act that, if the Department receives a Review, 63 FR 59762 (November 5, by the Uruguay Round Agreements Act. request for review from an exporter or 1998). In our initiation notice, we noted In addition, unless otherwise indicated, producer of the subject merchandise that Haiwang and Rirong agreed to all citations to the Department’s stating that it did not export the waive the standard deadlines for new regulations are to 19 CFR part 351 merchandise to the United States during shipper reviews, and that, in accordance (1998). the period covered by the original with section 751(a) of the Act and 19 investigation (the POI) and that such Background CFR 351.214(j)(3), we were conducting exporter or producer is not affiliated new shipper reviews for these parties The Department published in the with any exporter or producer who concurrent with the administrative Federal Register an antidumping duty exported the subject merchandise review initiated on October 29, 1998 (63 order on freshwater crawfish tail meat during that period, the Department shall FR 58009). from the PRC on September 15, 1997 (62 conduct a new shipper review to Due to extraordinarily complicated FR 48218). On September 16, 1998, in establish an individual weighted- issues in this case, the Department accordance with 19 CFR 351.213(b)(1), average dumping margin for such extended the deadline for completion of the Department received a request from exporter or producer, if the Department the administrative review and the new respondent, Ningbo Nanlian, and on has not previously established such a shipper reviews for Rirong, Haiwang September 30, 1998, the Department margin for the exporter or producer. The and Baolong Biochemical on March 5, received a request from petitioner, the regulations require that the exporter or 1999. See Freshwater Crawfish Tail Crawfish Processors Alliance (CPA), to producer shall include in its request, Meat from the People’s Republic of conduct an administrative review of the with appropriate certifications: (i) The China: Notice of Extension of Time antidumping duty order on freshwater date on which the merchandise was first Limits for Preliminary Results of the crawfish tail meat from the PRC. On entered, or withdrawn from warehouse, Antidumping Duty Administrative October 26, 1998, the Department for consumption, or, if it cannot certify Review, 64 FR 13398 (March 18, 1999), initiated this antidumping as to the date of first entry, the date on Freshwater Crawfish Tail Meat from the

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People’s Republic of China: Notice of companies, as established in the Review Period Extension of Time Limits for amended final determination in the These new shipper and antidumping Preliminary Results of New Shipper investigation and the antidumping duty duty reviews cover the period March 26, Antidumping Duty Administrative order. See Notice of Amendment to 1997 through August 31, 1998, except Review, 64 FR 13399 (March 18, 1999), Final Determination of Sales at Less for the review of Ningbo Nanlian, which and Freshwater Crawfish Tail Meat from Than Fair Value and Antidumping Duty covers the period April 1, 1998 through the People’s Republic of China: Order: Freshwater Crawfish Tail Meat August 31, 1998, as explained above. Extension of Preliminary Results of a From the People’s Republic of China, 62 New-Shipper Antidumping Review, 64 FR 48218 (September 15, Verification FR 12977 (March 16, 1999). On July 16, 1997)(Amended Final Determination). As provided in section 782(i) of the 1999, the Department published a Rescission of New Shipper Review for Act, we conducted a verification of second extension. See Freshwater Baolong Biochemical Haiwang. We also conducted a Crawfish Tail Meat from the People’s A review of information on the record verification of Rirong and its Republic of China: Notice of Extension unaffiliated producer, Weishan Hongfa of Time Limits for Preliminary Results of with respect to Baolong Biochemical has led us to conclude that Baolong Lake Foodstuff Co., Ltd. (Hongfa), and the Antidumping Duty Administrative Baolong Biochemical and its Review and New Shipper Reviews, 64 Biochemical did not have a bona fide unaffiliated producer, Jiangsu Zhenfeng FR 38409. Also on July 16, 1999, the sale to the United States during the Group Food Company (Zhenfeng). We Department published an extension for review period, and thus is not entitled used standard verification procedures, the new shipper review of Baolong to a review under section 751(a)(2)(B) of including on-site inspection of the Biochemical. See Freshwater Crawfish the Act. Baolong Biochemical’s sales of manufacturer’s facilities and the Tail Meat From the People’s Republic of crawfish tail meat to the United States examination of relevant sales and China: Notice of Extension of Time fall outside of its normal business, financial records. Our verification Limits for Preliminary Results of New which is the processing of crawfish results are outlined in the public Shipper Antidumping Duty Review, 64 shells into intermediary products used version of the verification reports. FR 38408. to produce medicinal products and On August 6, 1999, we received a animal feed. Baolong has no facilities to Huaiyin FTC was not verified because request from Baolong Biochemical to produce subject merchandise. Moreover, the company refused to permit conduct its new shipper review the terms and conditions of Baolong’s verification to take place. See letter from concurrently with the administrative sales are not normal for the industry. Huaiyin FTC to the Department dated review, in accordance with 19 CFR For a further discussion of these issues, May 21, 1999. 351.214(j)(3). Therefore, pursuant to see Memorandum to Robert S. LaRussa Application of Facts Available section 751(a) of the Act and 19 CFR through Joseph A. Spetrini from Barbara 351.214(j)(3), we are conducting the E. Tillman: Issues for the Preliminary Section 776(a)(2) of the Act provides new shipper review for Baolong Results of Review Concerning Bona Fide that if any interested party: (A) Biochemical concurrently with the Sales and the Use of Facts Available withholds information that has been administrative review. See Freshwater (Decision Memorandum), dated requested by the Department; (B) fails to Crawfish Tail Meat From the People’s September 30, 1999. Because Baolong provide such information in a timely Republic of China: Postponement of Biochemical has no bona fide sales manner or in the form or manner New Shipper Antidumping Duty Review, during the POR, we are rescinding the requested; (C) significantly impedes an 64 FR 46181 (August 24, 1999). new shipper review of Baolong antidumping investigation; or (D) Biochemical. We will instruct the provides such information but the Partial Rescission of Administrative Customs Service to require the posting information cannot be verified, the Review of cash deposits, rather than bond, for Department shall use the facts otherwise At the request of petitioner, we imports of crawfish exported by Baolong available (FA) in reaching the applicable initiated a review of China Everbright Biochemical. determination under this title. and Jiangsu Ceroilfood. However, on As noted above, Huaiyin FTC refused December 7, 1998, China Everbright Scope of Reviews verification of its questionnaire informed the Department that it had no The product covered by these reviews response. Because Huaiyin FTC did not shipments of the subject merchandise to is freshwater crawfish tail meat, in all allow the Department to verify the the United States during the period of its forms (whether washed or with fat information it submitted, we could not review (POR). On December 28, 1998, on, whether purged or unpurged), use the information. Therefore, in Jiangsu Ceroilfood informed the grades, and sizes; whether frozen, fresh, accordance with section 776(a)(2)(D) of Department that it had no shipments of or chilled; and regardless of how it is the Act, the use of FA is required for the subject merchandise to the United packed, preserved, or prepared. Huaiyin FTC. See Dynamic Random States during the POR. We Excluded from the scope of the order are Access Memory Semiconductors of One independently confirmed with the live crawfish and other whole crawfish, Megabit or Above From the Republic of United States Customs Service that whether boiled, frozen, fresh, or chilled. Korea: Preliminary Results of there were no shipments from either Also excluded are saltwater crawfish of Antidumping Duty Administrative China Everbright or Jiangsu Ceroilfood any type, and parts thereof. Freshwater Review and Notice of Intent Not To during the POR. Therefore, in crawfish tail meat is currently Revoke Order in Part, 64 FR 30481 (June accordance with section 351.213(d)(3) of classifiable in the Harmonized Tariff 8, 1999). the Department’s regulations and Schedule of the United States (HTS) With respect to Binzhou Foodstuffs, consistent with Department practice, we under item numbers 0306.19.00.10 and Huaiyin Ningtai, and Baolong Aquatic, are rescinding our review of China 0306.29.00.00. The HTS subheadings we preliminarily determine that, in Everbright and Jiangsu Ceroilfood. The are provided for convenience and accordance with section 776(a)(2)(A) of cash deposit rates for China Everbright Customs purposes only. The written the Act, the use of FA is required and Jiangsu Ceroilfood will continue to description of the scope of this order is because these firms did not respond to be the company-specific rates for these dispositive. the Department’s antidumping

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However, based on our on- We have placed on the record of the Metal From The People’s Republic of site verification, we preliminarily new shipper reviews of Baolong China; Final Results of Antidumping determine that Haiwang’s response, Biochemical and Haiwang third party Duty Administrative Review, 63 FR particularly the factors of production allegations that these companies may be 37850 (July 14, 1998). data, is unreliable and unverifiable. affiliated with companies that exported Two firms, Yancheng FTC and Because much of the relevant during the investigation. With respect to Nantong Delu, failed to file their information is proprietary, it is not the new shipper review of Haiwang, we questionnaire responses in the proper possible to discuss the issue in this intend to request more information manner and to serve responses on the public notice. See Decision regarding this issue and will evaluate other interested parties in this review, Memorandum and the New Shipper such information for the final results of as required by sections 351.303 and Review of Freshwater Crawfish Tail review. With respect to the new shipper 351.304 of the Department’s regulations. Meat from the People’s Republic of review of Baolong Biochemical, this The Department afforded Yancheng FTC China: Sales and Factors of Production issue is moot because we are rescinding and Nantong Delu numerous Verification of Lianyungang Haiwang the review due to the absence of bona opportunities to remedy these Aquatic Products Co., Ltd., dated fide sales during the period of review. deficiencies. Neither company complied September 30, 1999 (Haiwang Market-Oriented Industry (MOI) Status with the applicable regulations. Verification Report). Therefore, Consequently, the information was pursuant to 776(a)(2)(D), we are using Jiangsu Ceroilfood claims that its returned to Yancheng FTC on February FA for Haiwang. material inputs are acquired at market prices, and that, accordingly, the 19, 1999, and to Nantong Delu on April We preliminarily determine, in Department should find that the 5, 1999. Because Yancheng FTC and accordance with section 776(b) of the crawfish tail meat industry in the PRC Nantong Delu failed to respond to our Act, that the use of adverse FA is is a MOI. Thus, Jiangsu Ceroilfood requests in the form and manner appropriate for Haiwang, as well as for claims, the Department should value requested, we determine that they did the PRC enterprise. See Determination these inputs using the actual prices it not cooperate to the best of their ability of Adverse Facts Available in the pays in the PRC. with our requests for information. Administrative and New Shipper Because Jiangsu Ceroilfood had no Therefore, pursuant to section Review of Freshwater Crawfish Tail shipments of the subject merchandise 776(a)(2)(B) of the Act, the use of FA is Meat from the People’s Republic of required for Yancheng FTC and Nantong during the POR, we are rescinding the China (Adverse Facts Available Delu. review of this company in accordance Memorandum), dated September 30, While all six companies received with section 351.213(d)(3) of the 1999. separate rates in the original Department’s regulations. Consequently, investigation, it is the Department’s Under section 776(b) of the Act, we are not evaluating the MOI claim of policy that separate-rates questionnaire adverse FA may include reliance on Jiangsu Ceroilfood during the course of responses must be evaluated each time information derived from: (1) the this administrative review. a respondent makes a separate rate petition, (2) a final determination in the claim, regardless of any separate rate the investigation, (3) any previous review Separate Rates respondent received in the past. See under section 751 of the Act or Baolong Biochemical, Haiwang, Manganese Metal from the People’s determination under section 753 of the Ningbo Nanlian, Jiangsu Ceroilfood, and Republic of China, Final Results and Act, or (4) any other information placed Rirong have requested separate, Partial Recission of Antidumping Duty on the record. In this case, for Haiwang company-specific rates. Because we are Administrative Review, 63 FR 12441 and the PRC-wide rate, we have used rescinding the new shipper review for (March 13, 1998). However, for the highest rate from the petition, Baolong Biochemical and the companies for which no questionnaire 201.63 percent, which was the PRC- administrative review for Jiangsu response is on the record, or which wide rate in the final determination (see Ceroilfood, we are not addressing the refuse verification, we are unable to Amended Final Determination). question of a separate rate with respect evaluate whether a separate rate would Section 776(c) of the Act provides that to these companies. be appropriate. In the instant the Department shall, to the extent In their questionnaire responses, administrative review, these companies practicable, corroborate secondary Haiwang, Ningbo Nanlian and Rirong failed to provide complete and accurate information, such as the petition, using state that they are independent legal responses which could be used in the independent sources reasonably at its entities. Ningbo Nanlian and Rirong determination of separate rates. disposal. The Statement of have furthermore reported they are PRC- Therefore, consistent with Department Administrative Action, H.R. Doc. 316, foreign joint ventures. Haiwang has practice, we are treating these Vol. 1, 103d Cong., 2d Sess. 870 (1994) reported that it is a wholly foreign- companies, together with all other PRC (SAA) provides that ‘‘corroborate’’ owned enterprise. companies that have not established means simply that the Department will To establish whether a company that they are entitled to separate rates, satisfy itself that the secondary operating in a NME country is as a single enterprise subject to information to be used has probative sufficiently independent to be entitled government control. Thus, we have value. See SAA, at 870. The petition rate to a separate rate, the Department determined the rate applied to this being used in this proceeding was analyzes each exporting entity under the single enterprise, the PRC-wide rate, previously corroborated. See the test established in the Final based on adverse FA, in accordance Concurrence Memorandum; Final Determination of Sales at Less Than with section 776(b) of the Act. Antidumping Determination Freshwater Fair Value: Sparklers from the People’s We were unable to verify a significant Crawfish Tail Meat from the People’s Republic of China, 56 FR 20588 (May 6, part of Haiwang’s questionnaire Republic of China, dated July 24, 1997. 1991), as amplified by the Final

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Determination of Sales at Less Than through A–8, and exhibits 2–5 operational activities of its branch Fair Value: Silicon Carbide from the (December 8, 1998). organization in China. See Section A People’s Republic of China, 59 FR 22585 With respect to the absence of de jure Response, Ningbo Nanlian, December 7, (May 2, 1994). Under this policy, government control over its export 1998. At verification, we saw that exporters in NMEs are entitled to activities, evidence on the record business licenses for Ningbo Nanlian separate, company-specific margins indicates that Rirong is not controlled and Rirong were established in when they can demonstrate an absence by the government. Rirong submitted accordance with these laws. (Haiwang of government control, both in law and evidence of its legal right to set prices provided copies of the Foreign in fact, with respect to export activities. independent of all government Investment Enterprise Law (See exhibit Evidence supporting, though not oversight. Rirong’s business licence and 1 of the April 13, 1999 supplemental requiring, a finding of de jure absence certificate of approval indicate that questionnaire response) which states of government control over export Rirong is a Sino-foreign joint venture that ‘‘sole foreign investment enterprise activities includes: (1) an absence of enterprise. We find no evidence of de * * * shall have right of autonomy in its restrictive stipulations associated with jure government control restricting operation and administration and any an individual exporter’s business and Rirong from the exportation of crawfish. [government] interference shall be export licenses; (2) any legislative See Section A Response, Rirong, pages prohibited.’’ Therefore, with respect to enactments decentralizing control of A–1 through A–6, and exhibits 2 the absence of de jure control over companies; and (3) any other formal through 4 (December 15, 1998). export activity, we determine that these measures by the government No export quotas apply to crawfish firms are independent legal entities. decentralizing control of companies. De and an export license is not required for facto absence of government control exports of the subject merchandise to De Facto Control over exports is based on four factors: (1) the United States. See the Section A With respect to the absence of de whether each exporter sets its own Responses of Rirong and Haiwang, both facto control over export activities, the export prices independently of the dated December 15, 1998. Prior information presented indicates that the government and without the approval of verifications have confirmed that there management of Haiwang, Ningbo a government authority; (2) whether are no export licenses required and no Nanlian and Rirong is responsible for all each exporter retains the proceeds from quotas for the seafood category ‘‘Other,’’ decisions such as the determination of its sales and makes independent which includes crawfish, in China’s export prices, profit distribution, Tariff and Non-Tariff Handbook for decisions regarding the disposition of marketing strategy, and contract 1996. In addition, we have previously profits or financing of losses; (3) negotiations. Our analysis indicates that confirmed that crawfish is not on the whether each exporter has the authority there is no government involvement in list of commodities with planned quotas to negotiate and sign contracts and other the daily operations or the selection of in the 1992 PRC Ministry of Foreign agreements; and (4) whether each management for Haiwang, Ningbo Trade and Economic Cooperation exporter has autonomy from the Nanlian or Rirong. See Section A document entitled Temporary government regarding the selection of Response, Ningbo Nanlian, page A–6 Provisions for Administration of Export management. through A–8 and A–10, and exhibit 5, Commodities. (See Freshwater Crawfish (December 8, 1998); Section A De Jure Control Tail Meat From The People’s Republic With respect to the absence of de jure of China; Preliminary Results of New Response, Rirong, pages A–5, A–7 and government control over its export Shipper Review, 64 FR 8543, (February A–9 through A–10 and exhibit 6 activities, evidence on the record 22, 1999) and Ningbo New Shipper (December 15, 1998); and Section A indicates that Haiwang is not controlled Review.) Response, Haiwang, pages A–5 to A–8 by the government. Haiwang submitted The Administrative Regulations of the and exhibit 6 (December 15, 1998). For evidence of its legal right to set prices People’s Republic of China for more information, see Separate Rate independent of all government Controlling the Registration of Analysis in the New Shipper Review of oversight. Haiwang’s business licence Enterprises as Legal Persons (Legal Freshwater Crawfish Tail Meat from the and certificate of approval indicate that Persons Regulations), issued on July 13, People’s Republic of China dated Haiwang is a foreign wholly-owned 1988 by the State Administration for September 30, 1999 (Separate Rates enterprise. We find no evidence of de Industry and Commerce of the PRC and Memoranda), which are on file in the jure government control restricting placed on the record of these reviews, Central Records Unit (room B099 of the Haiwang from the exportation of provide that, to qualify as legal persons, Main Commerce Building). crawfish. See Section A Response, companies must have the ‘‘ability to Consequently, because evidence on Haiwang, pages A–1 through A–8, and bear civil liability independently’’ and the record indicates an absence of exhibits 2 through 4 (December 15, the right to control and manage their government control, both in law and in 1998). businesses. These regulations also state fact, over their export activities, we With respect to the absence of de jure that as an independent legal entity, a preliminarily determine that these government control over its export company is responsible for its own exporters are entitled to separate rates. activities, evidence on the record profits and losses. (See Notice of Final For further discussion of the indicates that Ningbo Nanlian and its Determination of Sales at Less Than Department’s preliminary determination affiliated producer, Yinxian No. 2 Fair Value: Manganese Metal from the that these exporters are entitled to Freezing Factory (Y2FF), are not People’s Republic of China, 60 FR 56046 separate rates, see the Separate Rates controlled by the government. Ningbo (November 6, 1995) (Manganese Metal) Memoranda. Nanlian submitted evidence of its legal and Section A Response, Ningbo Normal Value Comparisons right to set prices independent of all Nanlian, December 8, 1998.) The government oversight. Ningbo Nanlian’s People’s Republic of China All People’s To determine whether respondents’ business license indicates that Ningbo Ownership Business Law (Company sales of the subject merchandise to the Nanlian is permitted to engage in the Law), also on the record of these United States were made at NV, we exportation of crawfish. See Section A reviews, states that a foreign company compared their United States prices to Response, Ningbo Nanlian, pages A–4 shall bear civil responsibility for the NV, as described in the ‘‘United States

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Price’’ and ‘‘Normal Value’’ sections of metric ton basis. For further discussion, has been treated as an NME country. this notice. see Memorandum to Barbara E. Tillman Pursuant to section 771(18)(C)(i) of the through Maureen Flannery from The Act, any determination that a foreign United States Price Crawfish Team, Freshwater Crawfish country is an NME country shall remain For sales made by Ningbo Nanlian, we Tail Meat from the People’s Republic of in effect until revoked by the based United States price on CEP in China: Factor Values Memorandum, administering authority. None of the accordance with section 772(b) of the (Factor Values Memorandum) dated companies contested such treatment in Act, because the sales to unaffiliated September 30, 1999. this review. Accordingly, we have purchasers were made after importation. • To value ocean freight, we obtained applied surrogate values to the factors of We calculated CEP based on packed publicly available price quotes from Sea production to determine NV. prices from the U.S. affiliate’s Land Services for shipping frozen We calculated NV based on factors of warehouse to the first unaffiliated crawfish tail meat from the PRC to Long production in accordance with section purchaser in the United States. We Beach, California in the United States. 773(c)(4) of the Act and section made the following deductions from the See Factor Values Memorandum. To 351.408(c) of our regulations. Consistent starting price (gross unit price): foreign adjust this rate to the POR, we used the with the original investigation and the inland freight, international (ocean) closest corresponding monthly WPI and Ningbo Nanlian New Shipper Review, freight, U.S. customs duty, brokerage the WPI average for the POR. we determined that India (1) is and handling expenses, the affiliated For Rirong, we based United States comparable to the PRC in level of purchaser’s U.S. credit expenses, the price on EP in accordance with section economic development, and (2) is a affiliated purchaser’s indirect selling 772(a) of the Act, because the first sales significant producer of comparable expenses, and CEP profit. See sections to unaffiliated purchasers were made merchandise. With the exception of the 772(c) and (d) of the Act. Because U.S. prior to importation, and CEP was not crawfish input, we valued the factors of customs duty, brokerage and handling otherwise warranted by the facts on the production using publicly available expenses, credit expenses and indirect record. We calculated EP based on information from India. For the crawfish selling expenses incurred by the U.S. packed prices from the exporter to the input, we used Spanish import statistics affiliate are market-economy costs first unaffiliated purchaser in the United for crawfish imported from Portugal. incurred in U.S. dollars, we used actual States. We deducted foreign inland See the Factor Values Memorandum. costs rather than surrogate values to freight and brokerage and handling We used import prices to value many value these deductions to gross unit expenses in the home market from the factors. As appropriate, we adjusted price. Consistent with the original starting price (gross unit price) in import prices by adding freight investigation and the Ningbo Nanlian accordance with 772(c) of the Act. expenses to make them delivered prices. New Shipper Review, we valued other Consistent with the original For a complete analysis of surrogate expenses using India as a surrogate investigation and the Ningbo Nanlian values, see the Factor Values country. We valued movement expenses New Shipper Review, we used India as Memorandum. as follows: a surrogate country for all expenses for We valued the factors of production • To value truck freight, we used the non-market-economy suppliers. We as follows: rates reported in an April 20, 1994 valued movement expenses as follows: • To value whole crawfish, we used newspaper article in the ‘‘Times of • To value truck freight, we used the the average Spanish import price for India’’ and submitted for the Final rates reported in an April 20, 1994 fresh (not frozen) crawfish imported Determination of Sales at Less Than newspaper article in the ‘‘Times of from Portugal. In order to factor out Fair Value: Polyvinyl Alcohol From the India’’ and submitted for the Final seasonal fluctuations in the price of the People’s Republic of China, 60 FR 52647 Determination of Sales at Less Than Spanish import data, we valued whole (October 10, 1995). We adjusted the Fair Value: Polyvinyl Alcohol From the crawfish using data from the calendar rates to reflect inflation through the POR People’s Republic of China, 60 FR 52647 year 1997, the most recent period for using wholesale price indices (WPI) for (October 10, 1995). We adjusted the which data is available. Spanish import India in the International Financial rates to reflect inflation through the POR data show insignificant amounts of Statistics (IFS) published by the using WPI for India in the IFS published crawfish from other countries at International Monetary Fund (IMF). by the IMF. aberrational prices and, therefore, it • To value brokerage and handling in • To value brokerage and handling in would not be appropriate to include the home market, we used information the home market, we used information these data in the calculation of the reported in the antidumping reported in the antidumping crawfish cost. These data are publicly administrative review of Certain administrative review of Stainless Steel available and are published by the Stainless Steel Wire Rod From India; Wire Rod from India, and also used in Spanish Ministry of Customs in Madrid. Preliminary Results of Antidumping Ningbo New Shipper Review. Since the factors of production were Duty Administrative and New Shipper reported for a period concurrent with Reviews, 63 FR 48184 (September 9, Normal Value our valuation of the crawfish input, we 1998) (Stainless Steel Wire Rod from For companies located in NME did not adjust these factor values. See India), and also used in the Ningbo New countries, section 773(c)(1) of the Act the Factor Values Memorandum for Shipper Review. provides that the Department shall further discussion. We used the average of the foreign determine NV using a factors-of- • To value the by-product of shells in brokerage and handling expenses production methodology if (1) the the investigation and the Ningbo New reported in the U.S. sales listing portion merchandise is exported from an NME Shipper Review, we used Indian import of the public questionnaire response country, and (2) available information data for HTS category 0508.00.05, submitted in the antidumping review of does not permit the calculation of NV ‘‘shells of mollusks, crustaceans, and Viraj Impoexpo in Stainless Steel Wire using home-market prices, third-country echinoderms.’’ The petitioner has Rod from India. We also used this prices, or constructed value under argued in these reviews, as it did in the average value for Ningbo Nanlian for the section 773(a) of the Act. Ningbo New Shipper Review, that period February 1997 through January In every case conducted by the Indian import prices are aberrational. In 1998. Charges were reported on a per Department involving the PRC, the PRC the Ningbo New Shipper Review, we

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.255 pfrm04 PsN: 12OCN1 55242 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices found that no other tariff classifications includes items other than crawfish materials, we added to surrogate values for comparable merchandise are as shells. For these preliminary results, we from India a surrogate freight cost using detailed as the Indian HTS category applied a surrogate value based on a the shorter of (a) the distances between under which we valued the crawfish free-on-board (FOB) factory price quote the closest PRC port and the factory, or shells. In these reviews, petitioner has for crab and shrimp shells from a (b) the distance between the domestic argued that the Indian tariff category Canadian seller of crustacean shells. We supplier and the factory. See Notice of under which we valued the crawfish chose this price from any available Final Determination of Sales at Less shells is over broad and includes alternatives because it is an actual price Than Fair Value: Collated Roofing Nails different items with much higher for crustacean scrap that is reasonably From the People’s Republic of China, 62 values. HTS category 0508.00.05 contemporaneous with the POR. We FR 51410 (October 1, 1997) (Roofing includes echinoderms. Petitioner has adjusted this price to reflect deflation to Nails). Since not all companies reported maintained that echinoderms, such as the crawfish processing season the same crawfish processing periods, starfish, which do not have shells and applicable for each of the companies. we adjusted the reported factor values to do not contain chitin (the chemical that See the Factor Value Memorandum. reflect inflation through the applicable makes crustacean shells valuable), are We have requested additional periods for each company. traded only for decorative purposes, information relating to shell scrap prices • To value factory overhead, selling, thereby inflating the overall value of in a number of countries. For the final general, and administrative expenses this tariff category. To substantiate its results of these reviews, we will (SG&A), and profit, we calculated argument for these reviews, petitioner consider any information we receive 45 simple average rates using publicly has placed on the record information days prior to the deadline for the final available financial statements of three demonstrating that the resulting Indian results. Indian seafood processing companies import price of 56 cents per pound for • To value coal and electricity, we submitted in the original investigation crawfish shells is highly exaggerated, used data reported as the average Indian for which more current data is now including: (1) an offer to sell dried, domestic prices within the categories of available, and applied these rates to the crushed crab shells from an electronic ‘‘Steam Coal for Industry’’ and calculated cost of manufacture. See bulletin board, (2) a delivered price for ‘‘Electricity for Industry,’’ published in Factor Values Memorandum. wet crustacean shells reported in a the International Energy Agency’s • For labor, we used the PRC study on marine biopolymers, and (3) a publication, Energy Prices and Taxes, regression-based wage rate at Import price for crustacean scrap sold in India, First Quarter, 1998. We adjusted the Administration’s home page, Import calculated from a report detailing chitin cost of coal to include an amount for Library, Expected Wages of Selected and chitosan exports using established transportation. For water, we relied NME Countries, revised in May 1999. yields from crawfish shells for the upon public information from the See http://www.ita.doc.gov/ production of chitosan. All of these November 1993 Water Utilities Data importladmin/records/wages. Because items show significantly lower prices Book: Asian and Pacific Region, of the variability of wage rates in for shells of crustacean than the 55 cents published by the Asian Development countries with similar per capita GDPs, per pound used in the Ningbo New Bank. To achieve comparability of the section 351.408(c)(3) of the Shipper Review. In addition, we know energy and water prices to the factors Department’s regulations requires the that the price of the Spanish whole, live, reported for the crawfish processing use of a regression-based wage rate. The crawfish is 59 cents per pound. Finally, periods applicable for the companies source of these wage rate data on the we received from the U.S. Embassy in under review, we adjusted these factor Import Administration’s Web site is Sri Lanka information indicating that values using the WPI for India, as found in the 1998 Year Book of Labour Sri Lankan exports consist of conch published in the IFS, to reflect inflation Statistics, International Labour Office shells and chanks for decorative through the applicable periods. (Geneva: 1998), Chapter 5: Wages in purposes. See Memorandum to the File; • To value plastic bags, cardboard Manufacturing. Cables from U.S. Embassies in Sri Lanka boxes and adhesive tape, we relied upon and Switzerland regarding Crustacean Indian import data from the April 1997 Currency Conversion Shells, September 30, 1999. Based on through March 1998 issues of Monthly We made currency conversions this information taken as a whole, we Statistics of the Foreign Trade of India pursuant to section 351.415 of the determine that the Indian import (Monthly Statistics). We adjusted the Department’s regulations at the rates statistics are an inappropriate surrogate values of packing materials to include certified by the Federal Reserve Bank. value for crawfish shells. freight costs incurred between the Some of the alternate information supplier and the factory. For Preliminary Results of Review currently on the record is internally transportation distances used for the We preliminarily determine that the inconsistent, is quite old, or possibly calculation of freight expenses on raw following dumping margins exist:

Manufacturer/exporter (percent) Time period Margin

Lianyungang Haiwang Aquatic Products Co., Ltd...... 3/26/97±8/31/98 201.63 Ningbo Nanlian Frozen Foods Company, Ltd...... 4/01/98±8/31/98 0.00 Qingdao Rirong Foodstuff Co., Ltd...... 3/26/97±8/31/98 0.00 PRC-Wide Rate* ...... 3/26/97±8/31/98 201.63 * Binzhou Prefecture Foodstuffs Import & Export Corp., Huaiyin Foreign Trade Corp., Huaiyin Ningtai Fisheries Co., Ltd., Nantong Delu Aquatic Food Co., Ltd., Yancheng Baolong Aquatic Foods Co., Ltd., and Yancheng Foreign Trade Corp. are subject to the PRC-wide rate of 201.63 percent.

Parties to the proceeding may request with 19 CFR 351.224(b). Any interested 19 CFR 351.310(c). Any hearing would disclosure within 5 days of the date of party may request a hearing within 30 normally be held 37 days after the publication of this notice in accordance days of publication in accordance with publication of this notice, or the first

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.256 pfrm04 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55243 workday thereafter, at the U.S. Upon the completion of this review, we DEPARTMENT OF COMMERCE Department of Commerce, 14th Street will direct Customs to assess the and Constitution Avenue N.W., resulting ad valorem rates against the International Trade Administration Washington, DC 20230. Individuals who entered value of each entry of the [A±588±837] wish to request a hearing must submit subject merchandise by the importer a written request within 30 days of the during the POR. Large Newspaper Printing Presses and publication of this notice in the Federal Components Thereof, Whether Register to the Assistant Secretary for Furthermore, the following deposit rates will be effective upon publication Assembled or Unassembled, From Import Administration, U.S. Department Japan: Preliminary Results of of Commerce, Room 1870, 14th Street of the final results of this administrative review for all shipments of freshwater Antidumping Duty Administrative and Constitution Avenue, NW., Reviews Washington, DC 20230. Requests for a crawfish tail meat from the PRC entered, public hearing should contain: (1) the or withdrawn from warehouse, for AGENCY: Import Administration, party’s name, address, and telephone consumption on or after the publication International Trade Administration, number; (2) the number of participants; date, as provided for by section Department of Commerce. (3) the reason for attending; and (4) a list 751(a)(2)(C) of the Act: (1) the cash ACTION: Notice of preliminary results of of the issues to be discussed. Interested deposit rate for the reviewed firms will antidumping duty administrative parties may submit case briefs within 30 be the rates indicated above; (2) for reviews. days of the date of publication of this previously-reviewed PRC and non-PRC notice in accordance with 19 CFR exporters with separate rates, the cash SUMMARY: In response to a request by the 351.309(c)(2). Rebuttal briefs, which deposit rate will be the company- respondents, Tokyo Kikai Seisakusho, must be limited to issues raised in the specific rate established for the most Ltd. and Mitsubishi Heavy Industries, case briefs, may be filed not later than recent period; (3) for all other PRC Ltd., the Department of Commerce is 35 days after the date of publication. exporters, the rate will be the PRC-wide conducting administrative reviews of Parties who submit arguments are rate, which is 201.63 percent; and (4) for the antidumping duty order on large requested to submit with each argument all other non-PRC exporters of subject newspaper printing presses and (1) a statement of the issue and (2) a components thereof, whether assembled merchandise from the PRC, the cash brief summary of the argument. If a or unassembled, from Japan. These deposit rate will be the rate applicable hearing is held, an interested party may reviews cover Mitsubishi Heavy make an affirmative presentation only to the PRC supplier of that exporter. Industries, Ltd. and Tokyo Kikai on arguments included in that party’s These deposit rates, when imposed, Seisakusho, Ltd., manufacturers/ case brief and may make a rebuttal shall remain in effect until publication exporters of the subject merchandise to presentation only on arguments of the final results of the next the United States. The periods of review included in that party’s rebuttal brief. administrative review. for Mitsubishi Heavy Industries, Ltd. are Parties should confirm by telephone the This notice also serves as a September 5, 1996, through August 31, time, date, and place of the hearing 48 preliminary reminder to importers of 1997, and September 1, 1997, through hours before the scheduled time. August 31, 1998. The period of review The Department will issue the final their responsibility under 19 CFR 351.402(f) of the Department’s for Tokyo Kikai Seisakusho is results of these administrative and new September 1, 1997, through August 31, regulations to file a certificate regarding shipper reviews, which will include the 1998. the reimbursement of antidumping results of its analysis of issues raised in We preliminarily determine that sales the briefs, within 120 days from the duties prior to liquidation of the have been made below normal value for publication of these preliminary results. relevant entries during this review Mitsubishi Heavy Industries. If these Upon completion of these period. Failure to comply with this preliminary results are adopted in our administrative and new shipper requirement could result in the final results of administrative review, reviews, the Department shall Secretary’s presumption that we will instruct the Customs Service to determine, and the U.S. Customs reimbursement of antidumping duties assess antidumping duties on all Service shall assess, antidumping duties occurred and the subsequent assessment appropriate entries. For Tokyo Kikai on all appropriate entries. Individual of double antidumping duties. Seisakusho, we have preliminarily differences between export price and determined that sales have not been NV may vary from the percentages This administrative review, these new shipper reviews, and this notice are made below normal value. If these stated above. The Department will issue preliminary results are adopted in our appraisement instructions directly to published in accordance with section final results of administrative review, the U.S. Customs Service upon 751(a)(1) of the Act (19 U.S.C. we will instruct the Customs Service not completion of this review. The final 1675(a)(1)) and sections 351.213, to assess antidumping duties on entries results of this review shall be the basis 351.214 and 351.221 of the subject to this review. Interested parties for the assessment of antidumping Department’s regulations. are invited to comment on these duties on entries of merchandise Dated: September 30, 1999. preliminary results. covered by the final results of this Robert S. LaRussa, review and for future deposits of EFFECTIVE DATE: October 12, 1999. estimated duties. For assessment Assistant Secretary for Import FOR FURTHER INFORMATION CONTACT: purposes, we intend to calculate Administration. Dinah McDougall, Kate Johnson, or importer-specific assessment rates for [FR Doc. 99–26589 Filed 10–8–99; 8:45 am] David J. Goldberger, Office 2, AD/CVD freshwater crawfish tail meat from the BILLING CODE 3510±DS±P Enforcement Group I, Import PRC. For both EP and CEP sales, we will Administration—Room B099, divide the total dumping margins International Trade Administration, (calculated as the difference between U.S. Department of Commerce, 14th NV and EP (or CEP)) for each importer Street and Constitution Avenue, NW., by the entered value of the merchandise. Washington, DC 20230; telephone: (202)

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482–3773, 482–4929, or 482–4136, pay the antidumping duties to be component that feeds a roll of paper respectively. assessed on entries during the review more than two newspaper broadsheet SUPPLEMENTARY INFORMATION: periods. pages in width into a subject printing On March 4, 1999, the Department unit; (3) a folder, which is a module or The Applicable Statute extended the time limit for the combination of modules capable of Unless otherwise indicated, all preliminary results in these reviews cutting, folding, and/or delivering the citations to the Tariff Act of 1930, as until September 30, 1999. See paper from a roll or rolls of newspaper amended (the Act), are references to the Postponement of Preliminary Results of broadsheet paper more than two pages provisions effective January 1, 1995, the the First and Second Administrative in width into a newspaper format; (4) effective date of the amendments made Reviews of the Antidumping Duty conveyance and access apparatus to the Act by the Uruguay Round Order, 64 FR 10444. capable of manipulating a roll of paper Agreements Act (URAA). In addition, On July 20, 1999, the Department more than two newspaper broadsheet unless otherwise indicated, all citations published a Notice of Initiation of pages across through the production to the Department of Commerce’s (the Changed Circumstances Review of the process and which provides structural Department’s) regulations are to the Antidumping Duty Order pursuant to a support and access; and (5) a regulations at 19 CFR Part 351 (April request by the petitioner to partially computerized control system, which is 1998). revoke the antidumping duty order on any computer equipment and/or the subject merchandise for LNPPs that software designed specifically to Background meet a specific set of criteria; namely, control, monitor, adjust, and coordinate On July 23, 1996, the Department imports of the elements and the functions and operations of large published in the Federal Register, 61 FR components of LNPP systems, and newspaper printing presses or press 38139, the final affirmative antidumping additions thereto, imported to fulfill a components. duty determination on large newspaper contract for one or more complete LNPP A press addition is comprised of a printing presses and components systems which feature a 22 inch cut-off, union of one or more of the press thereof, whether assembled or 50 inch web width and a rated speed no components defined above and the unassembled (LNPP), from Japan. We greater than 75,000 copies per hour, equipment necessary to integrate such published an antidumping duty order utilizing exclusively the type of printing components into an existing press on September 4, 1996 (61 FR 46621). unit and color keyless inking system system. On September 30, 1997, Mitsubishi detailed in the petitioner’s request, in a Because of their size, large newspaper Heavy Industries, Ltd. (MHI) requested tower configuration coupled with printing press systems, press additions, that the Department defer for one year folder, reel tension paster, conveyance and press components are typically the initiation of its review of entries and access apparatus, and computerized shipped either partially assembled or subject to the above-referenced order control system meeting all of the unassembled, complete or incomplete, covering the period September 5, 1996, specifications described in Goss’ request and are assembled and/or completed to August 31, 1997. See Initiation of (see 64 FR 38888). The changed prior to and/or during the installation Antidumping Duty and Countervailing circumstances review is currently process in the United States. Any of the Duty Administrative Reviews, Request underway as a separate proceeding and five components, or collection of for Revocation in Part, and Deferral of the Department will make its components, the use of which is to Administrative Review, 62 FR 58705 preliminary determination in that fulfill a contract for large newspaper (October 30, 1997). proceeding after these preliminary printing press systems, press additions, On September 16, 1998, the results. or press components, regardless of Department published in the Federal The Department is conducting these degree of assembly and/or degree of Register a notice advising of the reviews in accordance with section combination with non-subject elements opportunity to request an administrative 751(a) of the Act. before or after importation, is included review of this order for the period in the scope of these reviews. Also September 1, 1997, through August 31, Scope of the Reviews included in the scope are elements of a 1998 (63 FR 49543). The Department The products covered by these LNPP system, addition or component, received a request for an administrative reviews are large newspaper printing which taken altogether, constitute at review of MHI and Tokyo Kikai presses, including press systems, press least 50 percent of the cost of Seisakusho, Ltd. (TKS) by MHI and additions and press components, manufacture of any of the five major TKS, respectively. We published a whether assembled or unassembled, LNPP components of which they are a notice of initiation of the MHI reviews whether complete or incomplete, that part. on October 29, 1998 (63 FR 58009). are capable of printing or otherwise For purposes of these reviews, the With respect to MHI’s sale to the United manipulating a roll of paper more than following definitions apply irrespective States, we extended the period of review two pages across. A page is defined as of any different definition that may be (POR) to reflect the extended period of a newspaper broadsheet page in which found in Customs rulings, U.S. Customs time over which the entries and the lines of type are printed law or the Harmonized Tariff Schedule production processes occurred. The perpendicular to the running of the of the United States (HTSUS): (1) The initiation of the TKS review was direction of the paper or a newspaper term ‘‘unassembled’’ means fully or published on November 30, 1998 (63 FR tabloid page with lines of type parallel partially unassembled or disassembled; 65748). to the running of the direction of the and (2) the term ‘‘incomplete’’ means On November 17, 1998, and January paper. lacking one or more elements with 21, 1999, Goss Graphic Systems, Inc. In addition to press systems, the which the LNPP is intended to be (the petitioner) requested that the scope of these reviews includes the five equipped in order to fulfill a contract for Department determine whether press system components. They are: (1) a LNPP system, addition or component. antidumping duties have been absorbed A printing unit, which is any This scope does not cover spare or during the POR. On February 5, 1999, component that prints in monocolor, replacement parts. Spare or replacement the Department requested proof that spot color and/or process (full) color; (2) parts imported pursuant to a LNPP unaffiliated purchasers will ultimately a reel tension paster, which is any contract, which are not integral to the

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.268 pfrm04 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55245 original start-up and operation of the The Department’s February 5, 1999, essential terms of the sale were not LNPP, and are separately identified and antidumping questionnaire requested established until the April 1996 contract valued in a LNPP contract, whether or proof that unaffiliated purchasers will date. In particular, the April 1996 not shipped in combination with ultimately pay the antidumping duties contract made the following significant covered merchandise, are excluded from to be assessed on entries during the changes from the May 1995 contract: (a) the scope of these reviews. Used presses review periods. On March 8, 1999, MHI, Revised the contract price, (b) are also not subject to this scope. Used instead of providing the requested data, substantially altered the payment presses are those that have been argued that the object of a duty schedule, and (c) revised other terms, previously sold in an arm’s-length absorption inquiry—to ascertain such as service agreements, that affected transaction to a purchaser that used whether a respondent changed its the net price to the customer. them to produce newspapers in the conduct after an antidumping duty With regard to TKS, we used the ordinary course of business. order was imposed—is inapplicable in contract date as the date of sale. We Further, these reviews cover all MHI’s case because the sole U.S. sale determined that the contract date is current and future printing technologies under review in this segment of the more appropriate than the invoice date capable of printing newspapers, proceeding, the Washington Post sale, in this instance because the contract including, but not limited to, was made prior to the imposition of an date reflects the date when the essential lithographic (offset or direct), antidumping duty order. However, the terms of the sale were established. fact that the date of sale occurred prior flexographic, and letterpress systems. Product Comparisons The products covered by these reviews to the imposition of the order is not are imported into the United States relevant in this case, where entries Although the home market was viable under subheadings 8443.11.10, pursuant to this sale occurred during for both respondents, in accordance 8443.11.50, 8443.30.00, 8443.59.50, the POR. Moreover, based on MHI’s with section 773 of the Act, we based 8443.60.00, and 8443.90.50 of the contractual information on the record normal value (NV) on constructed value HTSUS. Large newspaper printing (see Memo to the File from the Team (CV) because we determined that the presses may also enter under HTSUS dated September 30, 1999), we cannot unique, custom-built nature of each subheadings 8443.21.00 and 8443.40.00. conclude that the unaffiliated purchaser LNPP sold does not permit proper price- Large newspaper printing press in the United States will pay the to-price comparisons. (See September computerized control systems may enter ultimately assessed duty. Furthermore, 30, 1999, Memorandum to Louis Apple under HTSUS subheadings 8471.49.10, because we have preliminarily from The Team Re: Determining the 8471.49.21, 8471.49.26, 8471.50.40, determined that there is a dumping Appropriate Basis for Normal Value.) margin on MHI’s U.S. sale entered 8471.50.80, and 8537.10.90. Although Normal Value Comparisons the HTSUS subheadings are provided during the POR, we preliminarily find for convenience and customs purposes, that antidumping duties have been To determine whether MHI’s and our written description of the scope of absorbed by MHI on its single U.S. sale. TKS’s sales of LNPPs to the United these reviews is dispositive. With respect to TKS, we preliminarily States were made at less than normal find that there is no duty absorption, as value, we compared constructed export Duty Absorption we have preliminarily determined that price (CEP) to the NV, as described in there is no dumping margin with On November 17, 1998, and on the ‘‘Constructed Export Price’’ and respect to its U.S. sales. January 21, 1999, the petitioner ‘‘Normal Value’’ sections of this notice. requested that the Department Date of Sale Constructed Export Price and Further determine whether antidumping duties While the Department normally will Manufacturing had been absorbed during the POR. use the date of invoice as the date of MHI Section 751(a)(4) of the Act provides for sale, we have determined in this case the Department, if requested, to that the contract date better reflects the We calculated CEP, in accordance determine during an administrative date on which the producer/exporter with sections 772(b) and (d) of the Act, review initiated two or four years after established the material terms of sale. for MHI’s POR sale because MHI’s the publication of the order, whether Where the record demonstrates that the affiliated U.S. sales agent engaged in a antidumping duties have been absorbed contract established the material terms broad range of activities including by a foreign producer or exporter, if the of sale, we used the contract date as the coordination of installation, which we subject merchandise is sold in the date of sale for the transactions have classified as further United States through an affiliated examined in this proceeding. manufacturing. importer. In this case, both MHI and In the case of MHI’s sale to the We calculated CEP based on the TKS sold to the United States through Washington Post, we used the April 26, packed, installed price to an unaffiliated an importer that is affiliated within the 1996, revised contract date, rather than customer in the United States. We made meaning of section 751(a)(4) of the Act. the May 16, 1995, date of the original deductions for the following charges: Section 351.213(j)(1) of the contract, as the date of sale for currency net trade-in allowance; foreign inland Department’s regulations provides that conversion purposes. The Department freight charges; foreign brokerage and during any administrative review has a longstanding practice which bases handling charges; bonded warehouse covering all or part of a period falling the date of sale on the date when all the expenses; international freight expenses; between the first and second or third essential terms (usually price and combined foreign inland, U.S. inland, and fourth anniversary of the quantity) are firmly established and no and marine insurance expenses; publication of an antidumping order, longer within the control of the parties. Japanese export insurance and U.S. the Department will conduct a duty See, e.g., Final Determination of Sales at inland insurance expenses; combined absorption review, if requested. Because Less than Fair Value: Polyvinyl Alcohol U.S. brokerage and handling and inland these reviews were initiated two years from Taiwan, 61 FR 14064, 14067 freight charges; and U.S. Customs duty. after the publication of the order, we are (March 29, 1996). Based on our analysis We also made deductions for making a duty absorption determination of the information submitted for the commissions, imputed credit, and direct in this segment of the proceeding. record, we have determined that the training expenses.

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We deducted those indirect selling expenses that related to economic the sum of the respondent’s cost of expenses that related to economic activity in the United States 1. materials, fabrication, selling, general activity in the United States, including We also deducted the cost of any and administrative (SG&A) expenses indirect training expenses. further manufacturing or assembly, and U.S. packing costs as reported in As in the less-than-fair-value (LTFV) including testing and technical service the U.S. sales database. In accordance investigation, we calculated an imputed expenses. We classified testing and with section 773(e)(2)(A), we based credit expense by multiplying an technical service expenses as part of SG&A and profit on the amounts interest rate by the net balance of further manufacturing, because the U.S. incurred and realized by the respondent production costs incurred and progress installation process involves extensive in connection with the production and payments made during the construction technical activities on the part of sale of the foreign like product in the period. MHI reported this expense using engineers and installation supervisors ordinary course of trade, for a Japanese yen-denominated, short-term (see Mitsubishi). In accordance with consumption in the foreign country. interest rate for the portion of imputed section 772(d)(3) of the Act, we made an We relied on MHI’s reported CV credit expenses incurred prior to adjustment for CEP profit. amounts with the following exception. shipment. We recalculated MHI’s Cost of Production Analysis We recalculated the G&A and interest reported imputed credit expense to expense rate, applied to the cost of The Department disregarded certain reflect MHI’s U.S.-dollar-denominated, manufacturing (COM) and included in sales made by MHI and TKS during the short-term interest rate for the entire the cost of production (COP) and CV, to LTFV investigation pursuant to a balance, consistent with our imputed include G&A and interest for all three finding that sales were made below cost. credit expense methodology that relies years of production. Thus, in accordance with section on the interest rate applicable to the For selling expenses, we used the currency in which the sale is made. We 773(b)(2)(A)(ii) of the Act, there are reasonable grounds to believe or suspect weighted-average home market selling also corrected the imputed credit and commission expense rate, expense calculation by converting the that respondents MHI and TKS made sales in the home market at prices below calculated based on sales of the foreign yen-denominated production costs into like product made in the ordinary U.S. dollars based on the exchange rate the cost of producing the merchandise in the current review periods. As a course of trade, and applied this rate to in effect on the date of the MHI sale. the U.S. COM. We excluded from this In addition, we deducted the cost of result, the Department initiated investigations to determine whether the analysis a sale made to an affiliated further manufacturing or assembly, party. including installation expenses. We respondents made home market sales In accordance with section classified installation charges as part of during the POR at prices below their 773(a)(6)(A) of the Act, we added the further manufacturing, because the U.S. COP within the meaning of section U.S. packing costs to a CV net of installation process involves extensive 773(b) of the Act. packing. technical activities on the part of We compared the COP figures to engineers and installation supervisors. home market sales of the foreign like TKS See Mitsubishi Heavy Industries v. product as required under section United States, 15 F. Supp. 2d 807, 815– 773(b) of the Act, in order to determine In accordance with section 773(e)(1) 16 (CIT 1998) (Mitsubishi). As for the whether these sales were made at prices of the Act, we calculated CV based on further manufacturing cost, we relied on below the COP. In determining whether the sum of the respondent’s cost of MHI’s reported amount with the to disregard home market sales made at materials, fabrication, SG&A and U.S. exception that we recalculated the prices below the COP, we examined packing costs as reported in the U.S. general and administrative (G&A) and whether: (1) Within an extended period sales database. In accordance with interest expense rates based on the of time, such sales were made in section 773(e)(2)(A), we based SG&A entire POR and not just part of the substantial quantities; and (2) such sales and profit on the amounts incurred and period as reported. were made at prices which permitted realized by the respondent in Further, we made an adjustment for the recovery of all costs within a connection with the production and sale CEP profit in accordance with section reasonable period of time. of the foreign like product in the The results of our cost tests for both 772(d)(3) of the Act. ordinary course of trade, for MHI and TKS indicated that certain consumption in the foreign country. TKS home market sales were at prices below We relied on the reported CV amounts We calculated CEP, in accordance COP, and would not permit the full with the following exceptions. We with sections 772 (b) and (d) of the Act, recovery of all costs within a reasonable recalculated the G&A rate applied to for TKS’s POR sale because this sale period of time. In accordance with COM in the calculation of COP and CV took place after importation by a seller section 773(b)(1) of the Act, we to include additional operating income affiliated with the producer/exporter therefore excluded the below-cost sales and expenses. We also recalculated the and because the sale involved further from our analysis and used the G&A and interest expense rate to manufacturing in the United States. remaining above-cost sales as the basis include G&A and interest for all fiscal We calculated the CEP sale based on for determining selling expenses and years of the production period. profit. the packed price to an unaffiliated For selling expenses, we used the customer in the United States. We made Constructed Value weighted-average home market direct deductions for the following charges: and indirect selling expense rates, MHI foreign inland freight to port in Japan; calculated based on sales of the foreign foreign brokerage and handling; In accordance with section 773(e)(1) like product made in the ordinary international freight; combined marine of the Act, we calculated CV based on course of trade, and applied these rates and foreign insurance; U.S. brokerage to the U.S. COM. and handling; U.S. Customs duty; 1 Since TKS’s calculated imputed credit amount reflected revenue rather than an expense, we In accordance with section unloading expenses; and cargo survey appropriately added to CEP the amount that related 773(a)(6)(A) of the Act, we added U.S. fees. We also deducted those selling to the economic activity in the United States packing costs to a CV net of packing.

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Price-to-CV Comparisons price comparability, we adjust NV each distribution channel, and found For CEP to CV comparisons, we under section 773(a)(7)(B) of the Act that several of the functions performed deducted from CV the weighted-average (the CEP offset provision). The CEP in the comparison-market either were home market direct selling expenses, offset is calculated as the lesser of the not performed in connection with the including imputed credit, pursuant to following: U.S. sale at the export LOT, or were section 773(a)(8) of the Act. We 1. The indirect selling expenses on performed only by the affiliated calculated imputed credit for CV the comparison market sale, or company, TKS (U.S.A.). These selling 2. The indirect selling expenses purposes in accordance with the functions included: contract deducted from the starting price in methodology explained in the negotiations, plant layout and design, calculating CEP. ‘‘Constructed Export Price’’ section of after-sale service, parts inventory In their respective questionnaire maintenance, and operator training. this notice. We imputed credit expenses responses, MHI and TKS each reported for CV using the weighted-average, yen- two different LOTs—one for the U.S. As we have determined that based, short-term interest rate reported market and another for the comparison installation expenses incurred on the for the POR, since home market sales market—and both reported that U.S. sales should be treated as further were denominated in yen. comparison-market sales are made at a manufacturing expenses (rather than Level of Trade and CEP Offset more advanced LOT than U.S. sales. movement expenses, as claimed by MHI, or direct selling expenses, as In accordance with section Both respondents requested that the claimed by TKS), the CEP after 773(a)(1)(B) of the Act, to the extent Department perform a CEP offset in lieu deduction for all expenses under section practicable, we determine NV based on of a LOT adjustment, as they were sales in the comparison market at the unable to quantify the price differences 772(d) of the Act reflects an uninstalled same level of trade (LOT) as the export related to sales made at the different LNPP. Supporting this contention is the price (EP) or CEP transaction. The NV LOTs. To determine whether a CEP fact that many of the same selling LOT is that of the starting-price sales in offset was warranted, we compared the functions that are performed at the the comparison market or, when NV is distribution systems used by the comparison-market LOT are performed based on CV as is the case in these respondents for their comparison not at the export LOT, but by the reviews, that of the sales from which we market and U.S. sales, including selling respondents’ U.S. affiliates. Based on derive SG&A expenses and profit. For functions and class of customer, for this analysis, we conclude that the EP, the U.S. LOT is also the level of the each claimed LOT, after making the comparison-market and U.S. channels of starting-price sale, which is usually appropriate deductions under section distribution and the sales functions from the exporter to an unaffiliated U.S. 772(d) of the Act. Both respondents associated with each are sufficiently customer. For CEP, it is the level of the reported that they sold through one different so as to constitute two different constructed sale from the exporter to an channel of distribution in the levels of trade, and we find that the affiliated importer, after the deductions comparison market, and through a comparison-market sales are made at a required under section 772(d) of the different channel in the United States. more advanced LOT than are CEP sales. Act. In the comparison market, MHI and TKS As there is no comparison-market LOT To determine whether NV sales are at sold subject merchandise directly to that is comparable to that in the United a different LOT than EP or CEP sales, we unaffiliated customers, while in the States, we have no basis for determining examine stages in the marketing process United States, they both sold the subject the extent to which the difference in and selling functions along the chain of merchandise through their affiliates, LOTs affects price comparability. distribution between the producer and MLP U.S.A., Inc. and TKS (U.S.A), Therefore, we performed a CEP offset to the unaffiliated customer. If the respectively, who then sold the subject NV in accordance with section comparison-market sales are at a merchandise directly to unaffiliated 773(a)(7)(B) of the Act by deducting the different LOT, and the difference affects purchasers. For MHI, we compared the lesser of home market indirect selling price comparability, as manifested in a selling functions and the level of expenses or the sum of the U.S. indirect pattern of consistent price differences activity in each distribution channel, selling expenses. between the sales on which NV is based and found that several of the functions and comparison-market sales at the LOT performed in the comparison-market Currency Conversion of the export transaction, we make an either were not performed in connection We made currency conversions, in LOT adjustment under section with the U.S. sale at the export LOT, or accordance with section 773(A)(a) of the 773(a)(7)(A) of the Act. See Notice of were performed at a significantly lower Act, based on the official exchange rates Final Determination of Sales at Less level of activity on the part of MHI. in effect on the dates of the U.S. sales Than Fair Value: Certain Cut-to-Length These selling functions include: pre-sale Carbon Steel Plate from South Africa, consultations, advertising, market as certified by the Federal Reserve Bank 62 FR 61731, 61732 (November 19, research and identifying potential of New York. 1997). customers, arranging for transportation Preliminary Results of Review For CEP sales, if the NV level is more of merchandise, receipt of proposal remote from the factory than the CEP requests, customer invoicing, payment As a result of these reviews, we level and there is no basis for collection, and post-sale services. preliminarily determine that the determining whether the difference in For TKS, we compared the selling weighted-average dumping margins for the levels between NV and CEP affects functions and the level of activity in the respective PORs are as follows:

Manufacturer/exporter Period Margin

Mitsubishi Heavy Industries, Ltd ...... 9/5/96±8/31/98 55.28 Tokyo Kikai Seisakusho ...... 9/1/97±8/31/98 0.00

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We will disclose the calculations used assessment rates for the subject DEPARTMENT OF COMMERCE in our analysis to parties to this merchandise by aggregating the proceeding within five days of the dumping margins calculated for all U.S. International Trade Administration publication date of this notice. See 19 sales examined and dividing this CFR 351.224(b). Any interested party amount by the total entered value of the [A±580±839, A±583±833] may request a hearing within 30 days of sales examined. Notice of Postponement of Preliminary publication. See 19 CFR 351.310(c). If This notice also serves as a Antidumping Duty Determinations: requested, a hearing will be held 44 preliminary reminder to importers of Certain Polyester Staple Fiber From days after the publication of this notice, their responsibility under 19 CFR the Republic of Korea and Taiwan or the first workday thereafter. 351.402(f) to file a certificate regarding Issues raised in the hearing will be the reimbursement of antidumping AGENCY: Import Administration, limited to those raised in the respective duties prior to liquidation of the International Trade Administration, case briefs and rebuttal briefs. Case relevant entries during these review Department of Commerce. briefs from interested parties and periods. Failure to comply with this EFFECTIVE DATE: October 12, 1999. rebuttal briefs, limited to the issues requirement could result in the raised in the respective case briefs, may FOR FURTHER INFORMATION CONTACT: Secretary’s presumption that be submitted not later than 30 days and Vincent Kane (Republic of Korea) or reimbursement of antidumping duties 37 days, respectively, from the date of Alysia Wilson (Taiwan), AD/CVD occurred and the subsequent assessment publication of these preliminary results. Enforcement, Group I, Office 1, Import of double antidumping duties. See 19 CFR 351.309(c) and (d). Parties Administration, U.S. Department of who submit case briefs or rebuttal briefs Cash Deposit Requirements Commerce, Room 1870, 14th Street and in this proceeding are requested to Constitution Avenue, NW., Washington, submit with each argument: (1) A The following cash deposit DC 20230; telephone (202) 482–2815 or statement of the issue and (2) a brief requirements will be effective for all 482–0108, respectively. shipments of the subject merchandise summary of the argument. Parties are Postponement of Preliminary entered, or withdrawn from warehouse, also encouraged to provide a summary Determinations of the arguments not to exceed five for consumption on or after the pages and a table of statutes, publication date of the final results of On April 29, 1999, the Department of regulations, and cases cited. these administrative reviews, as Commerce (the Department) published The Department will issue the final provided by section 751(a)(1) of the Act: its notice of initiation of antidumping results of these administrative reviews, (1) The cash deposit rates for the investigations of certain polyester staple including the results of its analysis of reviewed companies will be those fiber from the Republic of Korea and issues raised in any written briefs or at established in the final results of these Taiwan. See Initiation of Antidumping the hearing, if held, not later than 120 reviews, except if the rate is less than Duty Investigations: Certain Polyester days after the date of publication of this 0.50 percent, and therefore, de minimis Staple Fiber from the Republic of Korea notice. within the meaning of 19 CFR and Taiwan, 64 FR 23053. The initiation Interested parties who wish to request 351.106(d)(1), in which case the cash notice stated that we would issue our a hearing or to participate if one is deposit rate will be zero; (2) for preliminary determinations by requested, must submit a written previously reviewed or investigated September 9, 1999. On August 25, 1999, request to the Assistant Secretary for companies not listed above, the cash at the request of E.I. DuPont de Import Administration, Room B–099, deposit rate will continue to be the Nemours, Inc.; Arteva Specialities within 30 days of the date of publication company-specific rate published for the S.a.r.l., d/b/a KoSa; Wellman, Inc.; and of this notice. Requests should contain: most recent period; (3) if the exporter is Intercontinental Polymers, Inc. (1) The party’s name, address and not a firm covered in these reviews, a (hereinafter collectively referred to as telephone number; (2) the number of prior review, or the original LTFV ‘‘the petitioners’’) 1, the Department participants; and (3) a list of issues to be investigation, but the manufacturer is, extended the preliminary determination discussed. See 19 CFR 351.310(c). the cash deposit rate will be the rate until no later than September 29, 1999. established for the most recent period See Notice of Postponement of Assessment Rates for the manufacturer of the Preliminary Antidumping Duty The Department shall determine, and merchandise; and (4) the cash deposit Determinations: Certain Polyester Staple the Customs Service shall assess, rate for all other manufacturers or Fiber from the Republic of Korea and antidumping duties on all appropriate exporters will continue to be 58.69 Taiwan, 64 FR 47766 (September 1, entries. The Department will issue percent, the ‘‘All Others’’ rate made 1999). appropriate appraisement instructions effective by the LTFV investigation. On September 29, 1999, pursuant to directly to the Customs Service upon These requirements, when imposed, section 733(c)(1)(A) of the Tariff Act of completion of these reviews. The final shall remain in effect until publication 1930, as amended, the petitioners results of these reviews shall be the of the final results of the next requested that the Department postpone basis for the assessment of antidumping administrative review. the preliminary determinations in these duties on entries of merchandise These administrative reviews and investigations. Since the Department covered by the final results of these notice are published in accordance with finds no compelling reason to deny the reviews and for future deposits of sections 751(a)(1) and 777(i)(1) of the request, we are postponing the deadline estimated duties. We will instruct the Act. for issuing these determinations until no Customs Service to assess antidumping later than October 4, 1999. duties on all appropriate entries covered Dated: September 30, 1999. This extension and notice are in by these reviews if any importer-specific Robert S. LaRussa, accordance with section 733(c) of the assessment rate calculated in the final Assistant Secretary for Import Act. results of these reviews is above de Administration. minimis. For assessment purposes, we [FR Doc. 99–26592 Filed 10–8–99; 8:45 am] 1 E.I. DuPont de Nemours, Inc. is not a petitioner intend to calculate importer-specific BILLING CODE 3510±DS±P in the Taiwan case.

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Dated: September 29, 1999. duty order on silicon metal from Verification Robert S. LaRussa, Argentina (56 FR 48779), which was As provided in section 782(i)(3) of the Assistant Secretary for Import amended on July 10, 1995, pursuant to Act, we verified sales and cost Administration. court remand (60 FR 35551). The information provided by Andina at its [FR Doc. 99–26586 Filed 10–8–99; 8:45 am] Department published a notice of headquarters in Buenos Aires and at its BILLING CODE 3510±DS±P ‘‘Opportunity To Request plant in San Juan, Argentina from May Administrative Review’’ of the 17 through 28, 1999, using standard antidumping duty order for the 1997/ verification procedures, including DEPARTMENT OF COMMERCE 1998 review period on September 11, inspection of the manufacturing 1998 (63 FR 49543). On September 30, International Trade Administration facilities, examination of relevant sales 1998, the respondent, and financial records, and selection of [A±357±804] Electrometalurgica Andina S.A.I.C. original documentation containing (‘‘Andina’’) filed a request for review. relevant information. As a result of our Silicon Metal From Argentina: We published a notice of initiation of findings at verification, we adjusted the Preliminary Results of Antidumping this review on October 29, 1998 (63 FR costs of wood chips and electricity. See Duty Administrative Review 58009). ‘‘Verification of Cost at AGENCY: Import Administration, Due to the complexity of issues Electrometalurgica Andina S.A.I.C., San International Trade Administration, involved in this case, the Department Juan and Buenos Aires, Argentina, May Department of Commerce. extended the time limit for completion 17–21, 1999,’’ dated August 6, 1999, ACTION: Notice of preliminary results of of the preliminary results until ‘‘Verification of Sales at antidumping duty administrative September 30, 1999, in accordance with Electrometalurgica Andina S.A.I.C., San review. section 751(a)(3)(A) of the Act. See 64 Juan and Buenos Aires, Argentina, May FR 23056 (April 29, 1999). The deadline 24–28, 1999,’’ dated August 6, 1999, and SUMMARY: In response to a request from for the final results of this review will ‘‘Analysis of Electrometalurgica Andina the respondent, the Department of continue to be 120 days after the date of S.A.I.C. for the Preliminary Results of Commerce (the Department) is publication of this notice. The the Administrative Review of Silicon conducting an administrative review of Department is conducting this review in Metal from Argentina for the Period the antidumping duty order on silicon accordance with section 751 of the Act. September 1, 1997 through August 31, metal from Argentina. The review 1998,’’ dated September 10, 1999. covers one manufacturer/exporter of the Scope of the Review subject merchandise to the United Cost of Production Analysis States and the period September 1, 1997 The product covered by this review is Because all of Andina’s sales in the through August 31, 1998. silicon metal. During the less-than-fair- home market during the last completed We have preliminarily determined value (LTFV) investigation, silicon segment of the proceeding failed the that respondent has not made sales metal was described as containing at cost test and, as such, were disregarded, below normal value during the period of least 96.00 percent, but less than 99.99 we initiated a cost of production review. If these preliminary results are percent, silicon by weight. In response (‘‘COP’’) analysis in accordance with adopted in our final results of review, to a request by the petitioners for section 773(b) of the Act. We conducted we will instruct the U.S. Customs clarification of the scope of the the COP analysis as described below. Service not to assess antidumping antidumping duty order on silicon duties on entries subject to this review. metal from the People’s Republic of A. Calculation of COP EFFECTIVE DATE: October 12, 1999. China, the Department determined that In accordance with section 773(b)(3) FOR FURTHER INFORMATION CONTACT: material with a higher aluminum of the Act, we calculated the weighted- Helen M. Kramer or Linda Ludwig, content containing between 89 and 96 average COP based on the sum of the Import Administration, International percent silicon by weight is the same cost of materials, processing, Trade Administration, U.S. Department class or kind of merchandise as silicon depreciation, interest expenses, general of Commerce, 14th Street and metal described in the LTFV and administrative expenses, and Constitution Avenue, N.W., investigation. See Final Scope Rulings— packing costs. We used the period Washington, D.C. 20230; telephone Antidumping Duty Orders on Silicon January through September 1998, as (202) 482–0405 or 482–3833, Metal From the People’s Republic of there was no production of silicon metal respectively. China, Brazil and Argentina (February 3, during the POR until January, and in the APPLICABLE STATUTE AND REGULATIONS: 1993). Therefore, such material is normal course of business Andina Unless otherwise indicated, all citations within the scope of the orders on silicon accounts for costs on a quarterly basis to the Trade and Tariff Act of 1930, as metal from the PRC, Brazil and ending in September. We revised the amended (the Act) are references to the Argentina. Silicon metal is currently reported cost of the first stage of provisions effective January 1, 1995, the provided for under subheadings production by increasing the cost of effective date of the amendments made 2804.69.10 and 2804.69.50 of the wood chips purchased from an affiliated to the Act by the Uruguay Round Harmonized Tariff Schedule (HTS) and supplier to reflect more closely the Agreements Act of 1994 (URAA). In is commonly referred to as a metal. affiliate’s actual costs. We increased the addition, unless otherwise indicated, all Semiconductor-grade silicon (silicon cost of energy purchased during the references to the Department’s metal containing by weight not less than months of August and September to regulations are to 19 CFR Part 351 99.99 percent of silicon and provided include a price increase not reflected in (1998). for in subheading 2804.61.00 of the respondent’s accounts until the SUPPLEMENTARY INFORMATION: HTS) is not subject to this review. These preparation of the audited financial HTS subheadings are provided for statements. We corrected the reported Background convenience and U.S. Customs financial expenses by deducting interest On September 26, 1991, the purposes. Our written description of the revenue received from customers. Department published an antidumping scope of the proceeding is dispositive. Pursuant to section 773(f)(1)(C)(ii) of the

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Act and section 351.407(d) of the Export Price market. Andina provided only packing Department’s regulations, we denied a We based United States price on EP, and shipping services. No technical claimed adjustment for startup costs, as as defined in section 772(a) of the Act, services or warranties were provided. we determined Andina’s investment in because Andina sold the merchandise to Preliminary Results of Review the rebuilding of the furnace used for an unaffiliated company prior to production of silicon metal did not meet importation and constructed export We preliminarily determine that no the Department’s criteria for a ‘‘new price was not otherwise indicated by the margin exists for Andina for the period production facility.’’ Andina stated that facts of record. September 1, 1997 through August 31, the retooling of Furnace IV ‘‘involved We calculated EP based on the 1998. Pursuant to section 351.224 of the the replacement of the furnace lining, packed, delivered, duty-unpaid price to Department’s regulations, we will and the acquisition and installation of a an unaffiliated trading company in the disclose the calculations performed to new production technology.’’ See United States. We made deductions the parties to this proceeding within supplemental response of March 2, pursuant to section 772(c)(2) of the Act five days of the date of publication of 1999, page 7. Section 351.407(d)(1)(i) of for foreign inland freight, ocean freight, this notice. An interested party may the Department’s regulations provides brokerage and handling, and increased request a hearing within 30 days of that ‘‘new production facilities’’ the United States price by the amount publication. Any hearing, if requested, includes the substantially complete of duty drawback in accordance with will be held 44 days after the date of retooling of an existing plant. section 772(c)(1)(A) of the Act. publication, or the first business day Substantially complete retooling thereafter. Issues raised in the hearing involves the replacement of nearly all Normal Value (NV) will be limited to those raised in the production machinery or the equivalent In order to determine whether sales of respective case briefs and rebuttal briefs. rebuilding of existing machinery. As the foreign like product in the home Interested parties may submit case briefs verified by the Department during a market are a viable basis for calculating and rebuttal briefs not later than 30 days plant visit, Andina relined an existing NV, we compared the volume of home and 37 days, respectively, after the date furnace in an existing production market sales of the foreign like product of publication of these preliminary facility and installed new equipment to to the volume of subject merchandise results of review. See 19 CFR lower electrodes into the furnace. We sold in the United States, in accordance 351.309(c)(1)(ii) and (d)(1). regard this investment as essentially with section 773(a)(1)(C) of the Act. Parties who submit case briefs or maintenance of an existing facility. Andina’s aggregate volume of home rebuttal briefs in this proceeding are B. Test of Home Market Prices market sales of the foreign like product requested to submit with each argument was greater than five percent of its (1) a statement of the issue and (2) a We compared the revised weighted- respective aggregate volume of U.S. brief summary of the argument. Parties average COP to home market sales of the sales of the subject merchandise. are also encouraged to provide a foreign like product as required under Therefore, we have based NV on home summary of the arguments not to exceed section 773(b) of the Act. We regarded market sales. five pages and a table of statutes, all sales of silicon metal as identical Andina made sales exclusively to regulations, and cases cited. products. See section 771(16)(A) of the unaffiliated customers in the home The Department will issue the final Act. In determining whether to market during the period of review. results of this administrative review, disregard home-market sales made at Therefore we did not perform the arm’s including the results of its analysis of prices below the COP, we examined length test. All of the home market sales issues raised in any such written briefs whether (1) within an extended period were made at prices above the cost of or at the hearing, if held, not later than of time, such sales were made in production. Home market prices were 120 days after the date of publication of substantial quantities, and (2) such sales based on the packed, ex-factory or this notice. were made at prices which permitted delivered prices to customers. We made Interested parties who wish to request the recovery of all costs within a deductions to NV according to section a hearing or to participate if one is reasonable period of time. See sections 773(a)(6)(B) of the Act, where requested, must submit a written 773(b)(2)(B)–(D) of the Act. We appropriate, for inland freight, request to the Assistant Secretary for compared the COP to the home market warehousing expense, credit expenses, Import Administration, Room B– prices, less any applicable movement and packing. We also made a deduction 099,within 30 days of the date of charges and warehousing expenses. We from NV for the gross revenue tax publication of this notice. Requests found all home market sales were made imposed on home market sales revenue, should contain: (1) the party’s name, at prices above the COP. but not on export sales pursuant to address and telephone number; (2) the Fair Value Comparisons section 773(a)(6)(B)(iii) of the Act. number of participants; and (3) a list of issues to be discussed. See 19 CFR To determine whether sales of the Level of Trade 351.310(c). subject merchandise sold by Andina In accordance with section Assessment Rates and exported to the United States were 773(a)(1)(B) of the Act, to the extent made at less than normal value (‘‘NV’’), practicable, we determine NV based on The Department shall determine, and we compared export price (‘‘EP’’) to the sales in the comparison market at the Customs shall assess, antidumping NV, as described in the ‘‘Export Price’’ same level of trade (‘‘LOT’’) as the EP or duties on all appropriate entries. The and ‘‘Normal Value’’ sections of this CEP transaction. In this case, the record Department will issue appraisement notice. Pursuant to section 777A(d)(2) of shows that sales in both markets were instructions directly to the Customs the Act, we compared the EPs of made at the same LOT. Andina made Service upon the completion of this individual U.S. transactions to monthly sales directly to its customers in the review. The final results of this review weighted-average NVs of the foreign like United States and Argentina. There shall be the basis for the assessment of product. We considered the were no differences in the selling antidumping duties on entries of merchandise sold in the U.S. and home functions performed for distributors, merchandise covered by this review and markets to be identical products. end-users or trading companies in either for future deposits of estimated duties.

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Cash Deposit Requirements DEPARTMENT OF COMMERCE the date on which it first entered subject merchandise for consumption into the The following cash deposit International Trade Administration United States, the volume of that requirements will be effective upon [A±583±827] shipment, and the date of the first sale completion of the final results of this to an unaffiliated customer in the administrative review for all shipments Static Random Access Memory United States. Based on the above of silicon metal from Argentina entered, Semiconductors From Taiwan; information, the Department initiated a or withdrawn from warehouse, for Preliminary Results of Antidumping new shipper review covering GSI consumption on or after the publication Duty New Shipper Review Technology (see Static Random Access date of the final results of this Memory Semiconductors from Taiwan: AGENCY: Import Administration, administrative review, as provided by Initiation of New Shipper Antidumping International Trade Administration, section 751(a)(1) of the Act: (1) The cash Duty Administrative Review, 63 FR Department of Commerce. deposit rate for Andina will be the rate 67456 (Dec. 7, 1998)). The Department established in the final results of SUMMARY: In response to a request by is now conducting this review in administrative review, except if the rate GSI Technology, the Department of accordance with section 751 of the Act is less than 0.5 percent, and therefore, Commerce is conducting a new shipper and 19 CFR 351.214. de minimis within the meaning of 19 review of the antidumping duty order On December 8, 1998, we issued our CFR 351.106, in which case the cash on static random access memory questionnaire to GSI Technology. We received a response to this deposit rate will be zero; (2) for semiconductors from Taiwan. The questionnaire in January 1999. merchandise exported by manufacturers period of review is October 1, 1997, through September 30, 1998. In February and April 1999, we issued or exporters not covered in this review, supplemental questionnaires to GSI but covered in the original less than fair We have preliminarily determined that sales have been made below the Technology. We received responses to value (LTFV) investigation, the cash normal value by GSI Technology. If these questionnaires in March and May deposit rate will continue to be the rate these preliminary results are adopted in 1999, respectively. published in the amended final the final results of this review, we will On May 24, 1999, the Department determination; or (3) if the exporter is instruct the Customs Service to assess published in the Federal Register a not a firm covered in this review or the antidumping duties on all appropriate notice of postponement of the LTFV investigation, but the entries. preliminary results until no later than October 4, 1999 (64 FR 27966). manufacturer is, the cash deposit rate EFFECTIVE DATE: October 12, 1999. will be the rate established for the most In June 1999, we issued an additional FOR FURTHER INFORMATION CONTACT: recent period for the manufacturer of supplemental questionnaire to GSI Shawn Thompson or Irina Itkin, Import Technology. We received a response to the merchandise; and (4) the cash Administration, International Trade deposit rate for all other manufacturers this questionnaire in July 1999. Administration, U.S. Department of In July, August, and September 1999, or exporters will continue to be 17.87 Commerce, 14th Street and Constitution percent, the ‘‘All Others’’ rate made the Department conducted verification Avenue, N.W., Washington, D.C. 20230; of the data submitted by GSI effective by the amended LTFV telephone: (202) 482–1776 or (202) 482– Technology, in accordance with section determination. These requirements, 0656, respectively. 782(i) of the Act and 19 CFR when imposed, shall remain in effect SUPPLEMENTARY INFORMATION: Unless 351.307(b)(1)(iv). until publication of the final results of otherwise indicated, all citations to the Also in September 1999, the the next administrative review. Tariff Act of 1930, as amended (the Act), Department requested that GSI This notice also serves as a are references to the provisions effective Technology submit a revised cost preliminary reminder to importers of January 1, 1995, the effective date of the database incorporating the verification their responsibility under 19 CFR amendments made to the Act by the findings. Uruguay Round Agreements Act. In 351.402(f) to file a certificate regarding Scope of the Review the reimbursement of antidumping addition, unless otherwise indicated, all duties prior to liquidation of the citations to the Department of The products covered by this review are synchronous, asynchronous, and relevant entries during these review Commerce regulations are to 19 CFR specialty SRAMs from Taiwan, whether periods. Failure to comply with this Part 351 (1998). assembled or unassembled. Assembled requirement could result in the Background SRAMs include all package types. Secretary’s presumption that On October 15, 1998, GSI Technology Unassembled SRAMs include processed reimbursement of antidumping duties requested that the Department of wafers or die, uncut die and cut die. occurred and the subsequent assessment Commerce (the Department) conduct a Processed wafers produced in Taiwan, of double antidumping duties. new shipper review pursuant to section but packaged, or assembled into This administrative review and notice 751(a)(2)(B) of the Act and 19 CFR memory modules, in a third country, are are in accordance with sections 351.214(b). In this request, GSI included in the scope; processed wafers 751(a)(1) and 777(i)(1) of the Act. Technology certified that it did not produced in a third country and export the subject merchandise to the assembled or packaged in Taiwan are Dated: September 30, 1999. United States during the period covered not included in the scope. Robert S. LaRussa, by the original less-than-fair-value The scope of this review includes Assistant Secretary for Import (LTFV) investigation (the ‘‘POI’’), and modules containing SRAMs. Such Administration. that it is not affiliated with any modules include single in-line [FR Doc. 99–26588 Filed 10–8–99; 8:45 am] company which exported subject processing modules, single in-line BILLING CODE 3510±DS±P merchandise to the United States during memory modules, dual in-line memory the POI. Pursuant to 19 CFR modules, memory cards, or other 351.214(b)(2)(iv), GSI Technology collections of SRAMs, whether submitted documentation establishing unmounted or mounted on a circuit

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.248 pfrm04 PsN: 12OCN1 55252 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices board. The scope of this review does not we have also based the margin for these customers. For a detailed explanation of include SRAMs that are physically sales on facts available. As facts this analysis, see the memorandum integrated with other components of a available, we have used the same entitled ‘‘Preliminary Results of motherboard in such a manner as to margin noted above. Antidumping Duty New Shipper constitute one inseparable amalgam Review on Static Random Access Level of Trade and Constructed Export (i.e., SRAMs soldered onto Memory Semiconductors from Taiwan,’’ Price Offset motherboards). dated October 4, 1999 (the ‘‘concurrence The SRAMs within the scope of this In accordance with section memorandum’’). review are currently classifiable under 773(a)(1)(B) of the Act, to the extent Because we have found that only one the subheadings 8542.13.8037 through practicable, we determine normal value level of trade existed in the home 8542.13.8049, 8473.30.10 through (NV) based on sales in the comparison market during the POR, we conducted 8473.30.90, and 8542.13.8005 of the market at the same level of trade as an analysis to determine whether a CEP Harmonized Tariff Schedule of the export price (EP) or constructed export offset was warranted. In order to United States (HTSUS). Although the price (CEP). The NV level of trade is that determine whether NV was established HTSUS subheadings are provided for of the starting-price sales in the at a level of trade which constituted a convenience and customs purposes, the comparison market or, when NV is more advanced stage of distribution written description of the scope of this based on CV, that of the sales from than the level of trade of the CEP, we review is dispositive. which we derive selling, general and compared the selling functions administrative expenses (SG&A) and performed for home market sales with Period of Review profit. For EP, the U.S. level of trade is those performed with respect to the CEP The period of review (POR) is October also the level of the starting-price sale, transaction, which excludes economic 1, 1997, through September 30, 1998. which is usually from the exporter to activities occurring in the United States, Use of Partial Facts Available the unaffiliated U.S. customer. For CEP, pursuant to section 772(d) of the Act. it is the level of the constructed sale We found that GSI Technology We determine that the use of partial from the exporter to the importer. performed most of the selling functions facts available is appropriate for GSI To determine whether NV sales are at and services related to U.S. sales at its Technology, in accordance with section a different level of trade than EP or CEP sales offices in the United States, and, 776(a) of the Act. At verification, we sales, we examine stages in the therefore, that these selling functions discovered that the respondent had mis- marketing process and selling functions are associated with those expenses allocated certain rebates received from along the chain of distribution between which we deduct from the CEP starting one of its subcontractors during the POR the producer and the unaffiliated price, as specified in section 772(d) of when calculating its difference-in- customer. If the comparison-market the Act. Regarding home market sales, merchandise (difmer) and constructed sales are at a different level of trade and GSI Technology performed largely the value (CV) data. Because we find that the difference affects price same selling functions for these sales as this mistake caused a significant comparability, as manifested in a were performed for U.S. sales. distortion in the reported costs, we pattern of consistent price differences Therefore, its sales in Taiwan were at a determine that GSI Technology’s cost between the sales on which NV is based more advanced stage of marketing and data is unreliable for use in the and comparison-market sales at the distribution (i.e., more remote from the preliminary results. Moreover, although level of trade of the export transaction, factory) than the constructed U.S. level the correct data exists on the record of we make a level-of-trade adjustment of trade, which represents an ex-factory this proceeding, we are unable to use under section 773(a)(7)(A) of the Act. price after the deduction of expenses this data at this time in our preliminary Finally, for CEP sales, if the NV level is associated with U.S. selling activities. results due to the short time between more remote from the factory than the However, because GSI Technology sells the end of verification and the date of CEP level and there is no basis for at only one home market level of trade, the preliminary results. However, we determining whether the difference in the difference in the levels of trade have requested that the respondent the levels between NV and CEP affects cannot be quantified. Because the provide a new cost database which price comparability, we adjust NV difference in the levels of trade cannot incorporates our verification findings, under section 773(a)(7)(B) of the Act be quantified, but the home market is at and we may consider this data for (the CEP offset provision). See Notice of a more advanced level of trade, we have purposes of the final results. Final Determination of Sales at Less granted a CEP offset to GSI Technology. Because we find that the respondent’s Than Fair Value: Certain Cut-to-Length For further discussion, see the cost data is unuseable in its current Carbon Steel Plate from South Africa, concurrence memorandum noted above. form, for purposes of the preliminary 62 FR 61731 (Nov. 19, 1997). results we have, pursuant to section GSI Technology claimed that it made Comparisons to Normal Value 776(a)(2)(B) of the Act, based the margin home market sales at two levels of trade, To determine whether sales of SRAMs for all U.S. sales for which either a which it defined as follows: 1) original from Taiwan were made in the United difmer adjustment or CV would be equipment manufacturers (OEMs) who States at less than NV, we compared the required on facts available. As facts purchased directly from GSI CEP to NV. We were unable to make available, we have used a non-aberrant Technology; and 2) OEMs who price-to-price comparisons involving margin calculated for identical price-to- purchased through the affiliated sales non-identical products because GSI price comparisons, in accordance with representative. We examined the selling Technology did not provide useable our practice. See Notice of Final activities at each reported marketing difmer data. Moreover, we were unable Determination of Sales at Less Than stage and found that there was no to make price-to-CV comparisons Fair Value: Static Random Access substantive difference in the selling because GSI Technology similarly did Memory Semiconductors From Taiwan, functions performed at any of these not provide usable CV data. Therefore, 63 FR 8909, 8912 (Feb. 23, 1998). stages. Consequently, we determine that we based the margin for all U.S. sales Finally, we found at verification that only one level of trade exists with with no corresponding identical home GSI Technology failed to report certain respect to sales made by GSI market match on facts available. As facts U.S. sales during the POR. Accordingly, Technology to all home market available, we used a non-aberrant

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See the ‘‘Use of Partial In order to determine whether there is CEP offset, up to the amount of the U.S. Facts Available’’ section of this notice a sufficient volume of sales in the home commission. for further discussion. market to serve as a viable basis for Currency Conversion calculating NV (i.e., the aggregate Constructed Export Price Generally, we make currency volume of home market sales of the conversions into U.S. dollars based on In accordance with section 772(b) of foreign like product is five percent or the exchange rates in effect on the dates the Act, we used CEP methodology more of the aggregate volume of U.S. of the U.S. sales as certified by the because all sales took place after sales), we compared the volume of GSI Federal Reserve Bank. However, section importation into the United States. We Technology’s home market sales of the 773A of the Act directs the Department foreign like product to the volume of revised the reported data based on our to use a daily exchange rate in order to U.S. sales of subject merchandise, in findings at verification. convert foreign currencies into U.S. accordance with section 773(a)(1)(C) of We based CEP on packed, delivered dollars unless the daily rate involves a the Act. Based on this comparison, we prices to the first unaffiliated customer fluctuation. It is the Department’s determined that GSI Technology had a in the United States. We made practice to find that a fluctuation exists viable home market during the POR. deductions from CEP for discounts, as when the daily exchange rate differs Consequently, we based NV on home appropriate. We also made deductions from the benchmark rate by 2.25 market sales. for foreign inland freight, international GSI Technology made sales of SRAMs percent. The benchmark is defined as freight, U.S. customs duties and to an affiliated party in the home market the moving average of rates for the past customs user fees, U.S. inland freight, during the POR. However, because GSI 40 business days. When we determine a and U.S. warehousing expenses, where Technology sold different models to fluctuation to have existed, we appropriate, in accordance with section affiliated and unaffiliated parties, we substitute the benchmark for the daily 772(c)(2)(A) of the Act. were unable to test these sales to ensure rate, in accordance with established We made additional deductions from that, on average, they were made at practice. CEP, where appropriate, for credit ‘‘arm’s-length’’ prices, in accordance Preliminary Results of the Review with 19 CFR 351.403(c). (See letter from expenses, advertising expenses, We preliminarily determine that the James Maeder to H.W. Chen, dated commissions, testing expenses, indirect following margin exists for GSI February 16, 1999.) Accordingly, we did selling expenses, inventory carrying Technology during the period October not include in our analysis any sales costs, U.S. repacking expenses, and U.S. 1, 1997, through September 30, 1998: further manufacturing costs, in made to the affiliated party because we accordance with section 772(d) of the were unable to determine that they were Margin per- Act. Regarding credit expenses, we at ‘‘arm’s-length.’’ Pursuant to 19 CFR Manufacturer/producer/exporter centage found that GSI Technology had not 351.403(d), we based our analysis on the received payment for certain sales as of downstream sales of the affiliate to its GSI Technology ...... 18.71 the date of verification. Consequently, unaffiliated customers. we used the last day of GSI For price-to-price comparisons, we The Department will disclose to Technology’s U.S. sales verification as based NV on ex-warehouse or delivered parties the calculations performed in the date of payment for any unpaid prices to home market customers. connection with these preliminary amount and recalculated credit Where appropriate, we deducted home results within five days of the date of publication of this notice. Interested expenses accordingly. Regarding testing market movement charges, including parties may request a hearing within 30 expenses, we found that GSI foreign inland freight and off-site days of publication. Any hearing, if Technology had not reported these warehousing expenses, in accordance requested, will be held two days after expenses for certain products during the with section 773(a)(6)(B) of the Act. We the date rebuttal briefs are filed. POR. Accordingly, we based the testing also deducted home market credit Interested parties may submit case briefs expenses for these products on facts expenses and testing expenses, pursuant not later than 30 days after the date of available. As facts available, we used to section 773(a)(6)(C)(iii) of the Act. We disallowed a claim made for foreign publication of this notice. Rebuttal the highest testing expenses reported for exchange losses associated with sales to briefs, limited to issues raised in the any other product produced in the same the affiliated distributor. We also case briefs, may be filed not later than quarter. disallowed a claim made for home 35 days after the date of publication of Pursuant to section 772(d)(3) of the market customs fees because GSI this notice. The Department will issue Act, we further reduced the starting Technology was unable to demonstrate the final results of this new shipper price by an amount for profit, to arrive at verification that these expenses review, including the results of its at CEP. As noted in the ‘‘Use of Partial related to home market sales. For further analysis of issues raised in any such Facts Available’’ section above, we have discussion, see the concurrence written comments, within 90 days of the determined that GSI Technology’s cost memorandum. issuance of these preliminary results. data is unusable at this time, based on We deducted home market indirect Upon completion of the new shipper our findings at verification. selling expenses, including inventory review, the Department shall determine, Consequently, we are unable to use this carrying costs and other indirect selling and the Customs Service shall assess, data for purposes of determining the expenses, up to the amount of indirect antidumping duties on all appropriate CEP profit rate, in accordance with selling expenses incurred on U.S. sales, entries. Pursuant to 19 CFR section 772(f) of the Act. Rather, as facts in accordance with section 773(a)(7)(B) 351.212(b)(1), we have calculated available, we have derived a CEP profit of the Act. Where applicable, in importer-specific assessment rates based rate using the data shown on GSI accordance with 19 CFR 351.410(e), we on the ratio of the total amount of Technology’s consolidated financial offset any commission paid on a U.S. antidumping duties calculated for the statements for the fiscal year ended sale by reducing the NV by any home examined sales to the total entered March 31, 1998. market indirect selling expenses value of that importer’s entries of

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.261 pfrm04 PsN: 12OCN1 55254 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices subject merchandise during the POR. DEPARTMENT OF COMMERCE Dated: October 5, 1999. Pursuant to 19 CFR 351.106(c)(2), we Richard H. Schaefer, will instruct the Customs Service to National Oceanic and Atmospheric Chief, Staff Office for Intergovernmental and liquidate without regard to antidumping Administration Recreational Fisheries, National Marine duties any entries for which the Fisheries Service. assessment rate is de minimis (i.e., less [I.D. 100499E] [FR Doc. 99–26548 Filed 10–8–99; 8:45 am] than 0.50 percent). The assessment rate BILLING CODE 3510±22±F will be assessed uniformly on all entries Atlantic Coastal Fisheries Cooperative of that particular importer made during Management Act; Meeting DEPARTMENT OF COMMERCE the POR. The Department will issue AGENCY: National Marine Fisheries appraisement instructions directly to National Oceanic and Atmospheric Service (NMFS), National Oceanic and the Customs Service. Administration Atmospheric Administration (NOAA), Further, the following deposit Commerce. [I.D. 100599A] requirements will be effective for all shipments of SRAMs from Taiwan ACTION: Coordination meeting. Gulf of Mexico Fishery Management entered, or withdrawn from warehouse, Council; Public Meetings. for consumption on or after the SUMMARY: NMFS and the U.S. Fish and AGENCY: publication date of the final results of Wildlife Service (USFWS) will hold a National Marine Fisheries Service (NMFS), National Oceanic and this new shipper review, as provided for joint meeting to discuss coordination of Atmospheric Administration, by section 751(a)(2)(C) of the Act: (1) activities that support Atlantic States Commerce. The cash deposit rates for the reviewed Marine Fisheries Commission coastal company will be the rate established in fisheries management plans under the ACTION: Notice of public meetings. the final results of this review; (2) for Atlantic Coastal Fisheries Cooperative SUMMARY: The Gulf of Mexico Fishery previously investigated companies, the Management Act and the Atlantic Management Council will convene cash deposit rate will continue to be the Striped Bass Conservation Act. public meetings of the Red Snapper company-specific rate published for the DATES: The meeting will convene on Advisory Panel (AP), Reef Fish AP and most recent period; (3) if the exporter is Thursday, November 18, at 10:00 a.m. Standing and Special Reef Fish not a firm covered in this review, or the and will adjourn at approximately 3:00 Scientific and Statistical Committee LTFV investigation, but the p.m. The meeting is open to the public. (SSC). manufacturer is, the cash deposit rate DATES: The Red Snapper AP will meet will be the rate established for the most ADDRESSES: National Marine Fisheries on Monday, October 25, 1999, beginning recent period for the manufacturer of Service, 1315 East-West Highway, Silver at 8:00 a.m. and will conclude by 3:30 the merchandise; and (4) the cash Spring, MD 20910. p.m.; the Reef Fish AP will meet on deposit rate for all other manufacturers FOR FURTHER INFORMATION CONTACT: Tuesday, October 26, 1999, beginning at or exporters will continue to be 41.75 Anne Lange, Intergovernmental and 8:00 a.m. and will conclude by 3:30 percent, the all others rate established in Recreational Fisheries, NMFS, 8484 p.m; and the Standing and Special Reef the LTFV investigation. Georgia Avenue, Silver Spring, MD Fish SSC will meet on Wednesday, October 27, 1999, at 9:00 a.m. until 5:00 These deposit requirements, when 20910. Telephone: (301) 427–2014. p.m. and again on Thursday, October imposed, shall remain in effect until SUPPLEMENTARY INFORMATION: NMFS- 28, 1999, from 8:00 a.m. until 10:00 a.m. publication of the final results of the USFWS hold semi-annual coordination next administrative review. ADDRESSES: The meetings will all be meetings established under a held at the Tampa Airport Hilton Hotel, This notice serves as a preliminary Memorandum of Understanding to 2225 Lois Avenue, Tampa, Florida reminder to importers of their develop and implement a program to 33607; telephone (813) 877–6688. responsibility under 19 CFR support interstate fishery management FOR FURTHER INFORMATION CONTACT: 351.402(f)(2) to file a certificate efforts associated with the Atlantic Steven Atran, Population Dynamics regarding the reimbursement of Coastal Fisheries Cooperative Statistician, Gulf of Mexico Fishery antidumping duties prior to liquidation Management Act (Pub. L. 103–206). The Management Council, 3018 U.S. of the relevant entries during this main agenda items for this meeting are Highway 301 North, Suite 1000, Tampa, review period. Failure to comply with discussion of the 1999–2000 Workplan; Florida 33619; telephone (813) 228– this requirement could result in the an update on implementation of the 2815. Secretary’s presumption that Atlantic Coast Cooperative Statistics SUPPLEMENTARY INFORMATION: The Red reimbursement of antidumping duties Program; distribution of FY1999 Snapper AP, consisting of recreational occurred and the subsequent assessment Atlantic Coastal Act funds; and ASMFC and commercial red snapper fishermen, of double antidumping duties. This new Fishery Management Plan work for seafood dealers, a Sea Grant extension shipper review and notice are in 1999. agent, a representative of the coastal accordance with sections 751(a)(2)(B) fishing community tourist industry, and and 777(i)(1) of the Act. Special Accommodations a conservation group representative will Dated: October 4, 1999. This meeting is physically accessible review a red snapper stock assessment that has been prepared by NMFS and Robert S. LaRussa, to people with disabilities. Requests for reports from the Council’s Reef Fish sign language interpretation or other Assistant Secretary for Import Stock Assessment Panel and auxiliary aids should be directed to Administration. Socioeconomic Panel that include Anne Lange (see FOR FURTHER [FR Doc. 99–26590 Filed 10–8–99; 8:45 am] biological, social and economic BILLING CODE 3510±DS±P INFORMATION CONTACT) at least 7 information related to the range of days prior to the meeting date. acceptable biological catch (ABC). Based

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.263 pfrm04 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55255 on these reports, the AP may sign language interpretation or other Dated: October 4, 1999. recommend levels of total allowable auxiliary aids should be directed to Ann D. Terbush, catch (TAC) for red snapper in 2000 and Anne Alford at the Council (see Chief, Permits and Documentation Division, other appropriate management ADDRESSES) by October 18, 1999. Office of Protected Resources, National Marine Fisheries Service. measures. Dated: October 5, 1999. The Reef Fish AP, consisting of [FR Doc. 99–26544 Filed 10–8–99; 8:45 am] Bruce C. Morehead, recreational reef fish fishermen, BILLING CODE 3510±22±F commercial reef fish fishermen, and Acting Director, Office of Sustainable seafood dealers will review a red Fisheries, National Marine Fisheries Service. grouper stock assessment that has been [FR Doc. 99–26547 Filed 10–8–99; 8:45 am] DEPARTMENT OF COMMERCE prepared by NMFS and reports from the BILLING CODE 3510±22±F Council’s Reef Fish Stock Assessment National Oceanic and Atmospheric Panel and Socioeconomic Panel that Administration DEPARTMENT OF COMMERCE include biological, social and economic [I.D. 091399C] information related to the range of ABC. National Oceanic and Atmospheric Based on these reports, the AP may Administration Marine Mammals; Permit No. 941 (File recommend levels of TAC for red No. P524A) grouper in 2000 and other appropriate management measures. [I.D. 090299B] AGENCY: National Marine Fisheries The Standing SSC consists of Service (NMFS), National Oceanic and economics biologists, sociologists, and Marine Mammals; File No. 684±1458±01 Atmospheric Administration (NOAA), natural resource attorneys; and the Commerce. AGENCY: National Marine Fisheries Special Reef Fish SSC consists of fishery ACTION: Issuance of permit amendment. Service (NMFS), National Oceanic and biologists who specialize in reef fish Atmospheric Administration (NOAA), SUMMARY: biology. The joint SSC will review Notice is hereby given that Commerce. several reports containing scientific Permit No. 941, issued to the University information about gag and gag fisheries ACTION: Issuance of permit amendment. of Hawaii at Manoa, Hawaii Hall 105, that was recently presented to the Honolulu, Hawaii 96822, was amended. Council by Dr. Chris Koenig of Florida SUMMARY: Notice is hereby given that Dr. ADDRESSES: See SUPPLEMENTARY State University and by Dr. Trevor Donald B. Siniff, Department of Ecology, INFORMATION. Kenchington on behalf of the Evolution, and Behavior, University of FOR FURTHER INFORMATION CONTACT: Southeastern Fisheries Association. Minnesota, College of Biological Jeannie Drevenak or Trevor Spradlin, Because some of the information in Sciences, 100 Ecology Building, 1987 301/713–2289. those reports is conflicting, the joint Upper Buford Circle, St. Paul, MN SUPPLEMENTARY INFORMATION: The SSC is being asked to review and 55108, has been issued an amendment subject amendment has been issued comment on them. The joint SSC will to scientific research Permit No. 684– under the authority of the Marine also review the red snapper and red 1458. Mammal Protection Act of 1972, as grouper stock assessments and the ADDRESSES: The amendment and related amended (16 U.S.C. 1361 et seq.), the Socioeconomic Panel report, comment documents are available for review provisions of § 216.39 of the Regulations on their scientific adequacy, and may upon written request or by appointment Governing the Taking and Importing of make recommendations regarding red in the following office(s): Marine Mammals (50 CFR part 216), the snapper and red grouper TAC and other Endangered Species Act of 1973, as management measures. Permits and Documentation Division, amended (ESA; 16 U.S.C. 1531 et seq.), A copy of the agenda can be obtained Office of Protected Resources, NMFS, and the provisions of the regulations by contacting the Gulf Council (see 1315 East-West Highway, Room 13705, governing endangered and threatened ADDRESSES). Although other non- Silver Spring, MD 20910 (301/713– species (50 CFR parts 222–226). emergency issues not on the agendas 2289). Permit No. 941 authorizes the may come before the Red Snapper AP, FOR FURTHER INFORMATION CONTACT: harassment of humpback whales Reef Fish AP, and Standing and Special Ruth Johnson, 301/713–2289. (Megaptera novaeangliae) during the Reef Fish SSC for discussion, in conduct of observational and photo- SUPPLEMENTARY INFORMATION: On July accordance with the Magnuson-Stevens identification studies in Hawaii waters. 28, 1999, notice was published in the Fishery Conservation and Management This amendment authorizes the Federal Register (64 FR 40835) that an Act (Magnuson-Stevens Act), those extension of the expiration date through amendment of Permit No. 684–1458, issues may not be the subject of formal April 30, 2000. action during these meetings. Actions of issued August 7, 1998 (63 FR 43914), Issuance of this permit, as required by the Red Snapper AP, Reef Fish AP, and had been requested by the above-named the ESA, was based on a finding that Standing and Special Reef Fish SSC will individual. The requested amendment such permit (1) was applied for in good be restricted to those issues specifically has been granted under the authority of faith, (2) will not operate to the identified in the agendas and any issues the Marine Mammal Protection Act of disadvantage of the endangered species arising after publication of this notice 1972, as amended (16 U.S.C. 1361 et which is the subject of this permit, and that require emergency action under seq.), and the Regulations Governing the (3) is consistent with the purposes and Section 305(c) of the Magnuson-Stevens Taking and Importing of Marine policies set forth in section 2 of the Act, provided the public has been Mammals (50 CFR part 216). ESA. notified of the Council’s intent to take The Permit, as amended, authorizes Addresses action to address the emergency. the Holder to capture and tag up to 400 female and 300 male, and tissue and The amendment and related Special Accommodations blood sample 200 female and 180 pup documents are available for review This meeting is physically accessible Weddell seals (Leptonychotes weddellii) upon written request or by appointment to people with disabilities. Requests for per season. in the following offices:

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Permits and Documentation Division, U.S.C. 1361 et seq.) and the Regulations Quota Status Reports posted on the Office of Protected Resources, NMFS, Governing the Taking and Importing of bulletin boards of each Customs port, 1315 East-West Highway, Room 13130 Marine Mammals (50 CFR part 216). call (202) 927–5850, or refer to the U.S. Silver Spring, MD 20910 (301/713– Dated: October 4, 1999. Customs website at http:// 2289); Ann D. Terbush, www.customs.ustreas.gov. For Regional Administrator, Southwest information on embargoes and quota re- Region, National Marine Fisheries Chief, Permits and Documentation Division, Office of Protected Resources, National openings, call (202) 482–3715. Service, NOAA, 501 West Ocean Marine Fisheries Service. SUPPLEMENTARY INFORMATION: Boulevard, Suite 4200, Long Beach, CA [FR Doc. 99–26546 Filed 10–8–99; 8:45 am] Authority: Section 204 of the Agricultural 90802–4213 (562/980–4001); and BILLING CODE 3510±22±F Act of 1956, as amended (7 U.S.C. 1854); Protected Resources Program Executive Order 11651 of March 3, 1972, as Manager, Pacific Islands Area Office, amended. NOAA, NMFS, 2570 Dole Street, Room COMMISSION OF FINE ARTS The current limits for Categories 433 106, Honolulu, HI 96822–2396 (808/ and 443 are being increased for 973–2987). Notice of Meeting carryforward. Dated: October 4, 1999. A description of the textile and Ann Terbush, The next meeting of the Commission apparel categories in terms of HTS of Fine Arts is scheduled for 21 October Chief, Permits and Documentation Division, numbers is available in the National Marine Fisheries Service. 1999 at 10 a.m. in the Commission’s CORRELATION: Textile and Apparel offices at the National Building Museum [FR Doc. 99–26545 Filed 10–8–99; 8:45 am] Categories with the Harmonized Tariff (Pension Building), Suite 312, Judiciary BILLING CODE 3510±22±F Schedule of the United States (see Square, 441 F Street, NW, Washington, Federal Register notice 63 FR 71096, DC 20001. Items of discussion will published on December 23, 1998). Also DEPARTMENT OF COMMERCE include designs for projects affecting the see 63 FR 63297, published on appearance of Washington, D.C., November 12, 1998. National Oceanic and Atmospheric including buildings and parks. Troy H. Cribb, Inquiries regarding the agenda and Administration Chairman, Committee for the Implementation requests to submit written or oral of Textile Agreements. [I.D. 091499D] statements should be addressed to Committee for the Implementation of Textile Marine Mammals; File No. 495±1524 Charles H. Atherton, Secretary, Commission of Fine Arts, at the above Agreements AGENCY: National Marine Fisheries address or call 202–504–2200. October 5, 1999. Service (NMFS), National Oceanic and Individuals requiring sign language Commissioner of Customs, Atmospheric Administration (NOAA), interpretation for the hearing impaired Department of the Treasury, Washington, DC 20229. Commerce. should contact the Secretary at least 10 days before the meeting date. Dear Commissioner: This directive ACTION: Issuance of permit. amends, but does not cancel, the directive Dated in Washington, D.C., October 1, issued to you on November 5, 1998, by the SUMMARY: Notice is hereby given that Dr. 1999. Chairman, Committee for the Implementation John L. Bengtson, Polar Ecosystems Charles H. Atherton, of Textile Agreements. That directive Program Leader, National Marine concerns imports of certain cotton, wool and Secretary. Mammal Laboratory, Alaska Fisheries man-made fiber textile products, produced or Science Center, NMFS, 7600 Sand Point [FR Doc. 99–26466 Filed 10–8–99; 8:45 am] manufactured in the Dominican Republic Way, NE BILLING CODE 6330±01±M and exported during the twelve-month Seattle, Washington 98115–0070, has period which began on January 1, 1999 and been issued a permit to take Antarctic extends through December 31, 1999. COMMITTEE FOR THE Effective on October 14, 1999, you are pack ice seals for purposes of scientific directed to increase the current limits for the research. IMPLEMENTATION OF TEXTILE following categories, as provided for under ADDRESSES: The permit and related AGREEMENTS the Uruguay Round Agreement on Textiles documents are available for review and Clothing: Increase of Import Limits for Certain upon written request or by appointment Wool Textile Products Produced or in the following office(s): Category Adjusted twelve-month Manufactured in the Dominican limit 1 Permits and Documentation Division, Republic Office of Protected Resources, NMFS, 433 ...... 25,177 dozen. 1315 East-West Highway, Room 13705, October 5, 1999. 443 ...... 146,785 numbers. Silver Spring, MD 20910 (301/713– AGENCY: Committee for the 1 The limits have not been adjusted to ac- 2289). Implementation of Textile Agreements count for any imports exported after December FOR FURTHER INFORMATION CONTACT: (CITA). 31, 1998. Ruth Johnson, 301/713–2289. ACTION: Issuing a directive to the The Committee for the Implementation of SUPPLEMENTARY INFORMATION: On August Commissioner of Customs increasing Textile Agreements has determined that 16, 1999, notice was published in the limits. these actions fall within the foreign affairs Federal Register (64 FR 44509) that a exception of the rulemaking provisions of 5 request for a scientific research permit EFFECTIVE DATE: October 14, 1999. U.S.C. 553(a)(1). to take Antarctic pack ice seals had been FOR FURTHER INFORMATION CONTACT: Sincerely, submitted by the above-named Naomi Freeman, International Trade Troy H. Cribb, individual. The requested Specialist, Office of Textiles and Chairman, Committee for the Implementation permit has been issued under the Apparel, U.S. Department of Commerce, of Textile Agreements. authority of the Marine Mammal (202) 482–4212. For information on the [FR Doc. 99–26539 Filed 10–8–99; 8:45 am] Protection Act of 1972, as amended (16 quota status of these limits, refer to the BILLING CODE 3510±DR±F

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COMMITTEE FOR THE beginning on January 1, 1999 and extending Authority: Section 204 of the Agricultural IMPLEMENTATION OF TEXTILE through December 31, 1999. Act of 1956, as amended (7 U.S.C. 1854); AGREEMENTS Effective on October 14, 1999, you are Executive Order 11651 of March 3, 1972, as directed to adjust the limits for the following amended. Adjustment of Import Limits for Certain categories, as provided for under the Uruguay Round Agreement on Textiles and Clothing: The current limit for Category 435 is Cotton and Man-Made Fiber Textiles being increased for carryover. and Textile Products Produced or Adjusted twelve-month A description of the textile and Manufactured in Malaysia Category 1 limit apparel categories in terms of HTS numbers is available in the October 5, 1999. Sublevels within AGENCY: Committee for the Fabric Group CORRELATION: Textile and Apparel Implementation of Textile Agreements 620 ...... 7,467,484 square me- Categories with the Harmonized Tariff (CITA). ters. Schedule of the United States (see ACTION: Issuing a directive to the Other Specific Limits Federal Register notice 63 FR 71096, Commissioner of Customs adjusting 331/631 ...... 2,677,757 dozen pairs. published on December 23, 1998). Also limits. 341/641 ...... 1,395,068 dozen of see 63 FR 70110, published on which not more than December 18, 1998. 704,485 dozen shall EFFECTIVE DATE: October 14, 1999. Troy H. Cribb, be in Category 341. FOR FURTHER INFORMATION CONTACT: Ross 350/650 ...... 140,610 dozen. Chairman, Committee for the Implementation Arnold, International Trade Specialist, 351/651 ...... 369,800 dozen. of Textile Agreements. Office of Textiles and Apparel, U.S. 638/639 ...... 610,687 dozen. Committee for the Implementation of Textile Department of Commerce, (202) 482– Agreements 4212. For information on the quota 1 The limits have not been adjusted to account for any imports exported after December October 5, 1999. status of these limits, refer to the Quota 31, 1998. Commissioner of Customs, Status Reports posted on the bulletin Department of the Treasury, Washington, DC boards of each Customs port, call (202) The Committee for the Implementation of Textile Agreements has determined that 20229. 927–5850, or refer to the U.S. Customs these actions fall within the foreign affairs Dear Commissioner: This directive website at http:// exception of the rulemaking provisions of 5 amends, but does not cancel, the directive www.customs.ustreas.gov. For U.S.C. 553(a)(1). issued to you on December 14, 1998, by the information on embargoes and quota re- Sincerely, Chairman, Committee for the Implementation openings, call (202) 482–3715. Troy H. Cribb, of Textile Agreements. That directive concerns imports of certain wool textile SUPPLEMENTARY INFORMATION: Chairman, Committee for the Implementation products, produced or manufactured in of Textile Agreements. Authority: Section 204 of the Agricultural Russia and exported during the twelve- Act of 1956, as amended (7 U.S.C. 1854); [FR Doc. 99–26542 Filed 10–8–99; 8:45 am] month period which began on January 1, Executive Order 11651 of March 3, 1972, as BILLING CODE 3510±DR±F 1999 and extends through December 31, amended. 1999. The current limits for certain Effective on October 14, 1999, you are categories are being adjusted, variously, COMMITTEE FOR THE directed to increase the current limit for 1 for swing, special swing, special shift IMPLEMENTATION OF TEXTILE Category 435 to 54,818 dozen, as provided and carryforward. AGREEMENTS for under the terms of the current bilateral agreement between the Governments of the A description of the textile and Adjustment of an Import Limit for United States and the Russian Federation. apparel categories in terms of HTS The Committee for the Implementation of numbers is available in the Certain Wool Textile Products Produced or Manufactured in Russia Textile Agreements has determined that this CORRELATION: Textile and Apparel action falls within the foreign affairs Categories with the Harmonized Tariff October 5, 1999. exception of the rulemaking provisions of 5 Schedule of the United States (see U.S.C. 553(a)(1). AGENCY: Committee for the Federal Register notice 63 FR 71096, Sincerely, Implementation of Textile Agreements published on December 23, 1998). Also Troy H. Cribb, (CITA). see 63 FR 59945, published on Chairman, Committee for the Implementation November 6, 1998. ACTION: Issuing a directive to the of Textile Agreements. Troy H. Cribb, Commissioner of Customs increasing a [FR Doc. 99–26540 Filed 10–8–99; 8:45 am] Chairman, Committee for the Implementation limit. BILLING CODE 3510±DR±F of Textile Agreements. EFFECTIVE DATE: October 14, 1999. Committee for the Implementation of Textile Agreements FOR FURTHER INFORMATION CONTACT: COMMITTEE FOR THE Naomi Freeman, International Trade IMPLEMENTATION OF TEXTILE October 5, 1999. Specialist, Office of Textiles and AGREEMENTS Commissioner of Customs, Apparel, U.S. Department of Commerce, Department of the Treasury, Washington, DC Adjustment of a Sublimit for Certain 20229. (202) 482–4212. For information on the quota status of this limit, refer to the Cotton Textile Products Produced or Dear Commissioner: This directive Manufactured in Singapore amends, but does not cancel, the directive Quota Status Reports posted on the issued to you on November 3, 1998, by the bulletin boards of each Customs port, October 5, 1999. Chairman, Committee for the Implementation call (202) 927–5850, or refer to the U.S. AGENCY: of Textile Agreements. That directive Customs website at http:// Committee for the concerns imports of certain cotton, wool and www.customs.ustreas.gov. For Implementation of Textile Agreements man-made fiber textiles and textile products information on embargoes and quota re- (CITA). and silk blend and other vegetable fiber openings, call (202) 482–3715. apparel, produced or manufactured in 1 The limit has not been adjusted to account for Malaysia and exported during the period SUPPLEMENTARY INFORMATION: any imports exported after December 31, 1998.

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ACTION: Issuing a directive to the CORRELATION: Textile and Apparel Category Adjusted twelve-month Commissioner of Customs increasing a limit 1 Categories with the Harmonized Tariff sublimit. Schedule of the United States (see 347/348 ...... 1,298,573 dozen of Federal Register notice 63 FR 71096, which not more than published on December 23, 1998). Also EFFECTIVE DATE: October 14, 1999. 811,607 dozen shall see 63 FR 69057, published on FOR FURTHER INFORMATION CONTACT: be in Category 347 and not more than December 15, 1998. Janet Heinzen, International Trade 631,251 dozen shall Troy H. Cribb, Specialist, Office of Textiles and be in Category 348. Chairman, Committee for the Implementation Apparel, U.S. Department of Commerce, of Textile Agreements. (202) 482–4212. For information on the 1 The limit has not been adjusted to account for any imports exported after December 31, Committee for the Implementation of Textile quota status of this limit, refer to the 1998. Agreements Quota Status Reports posted on the The Committee for the Implementation of October 5, 1999. bulletin boards of each Customs port, Textile Agreements has determined that this Commissioner of Customs, call (202) 927–5850, or refer to the U.S. action falls within the foreign affairs Department of the Treasury, Washington, DC Customs website at http:// exception to the rulemaking provisions of 5 20229. www.customs.ustreas.gov. For U.S.C. 553(a)(1). Dear Commissioner: This directive information on embargoes and quota re- Sincerely, amends, but does not cancel, the directive openings, call (202) 482–3715. Troy H. Cribb, issued to you on December 8, 1998, by the Chairman, Committee for the Implementation Chairman, Committee for the Implementation SUPPLEMENTARY INFORMATION: of Textile Agreements. of Textile Agreements. That directive concerns imports of certain cotton, wool, Authority: Section 204 of the Agricultural [FR Doc. 99–26541 Filed 10–8–99; 8:45 am] man-made fiber, silk blend and other Act of 1956, as amended (7 U.S.C. 1854); BILLING CODE 3510±DR±F vegetable fiber textiles and textile products, Executive Order 11651 of March 3, 1972, as produced or manufactured in Taiwan and amended. exported during the twelve-month period COMMITTEE FOR THE which began on January 1, 1999 and extends The current sublimit for Category 348 IMPLEMENTATION OF TEXTILE through December 31, 1999. is being increased for carryforward. The AGREEMENTS Effective on October 13, 1999, you are limit for Categories 347/348 and the directed to adjust the current limits for the sublimit for Category 347 remain Adjustment of Import Limits for Certain following categories, as provided for under unchanged. Cotton, Wool, Man-Made Fiber, Silk the terms of the current bilateral textile agreement: A description of the textile and Blend and Other Vegetable Fiber apparel categories in terms of HTS Textiles and Textile Products Category Adjusted twelve-month numbers is available in the Produced or Manufactured in Taiwan limit 1 CORRELATION: Textile and Apparel October 5, 1999. Group II Categories with the Harmonized Tariff AGENCY: Committee for the 237, 239, 330± 723,610,966 square Schedule of the United States (see Implementation of Textile Agreements 332, 333/334/ meters equivalent. Federal Register notice 63 FR 71096, (CITA). 335, 336, 338/ published on December 23, 1998). Also ACTION: Issuing a directive to the 339, 340±345, see 63 FR 69056, published on Commissioner of Customs adjusting 347/348, 349, December 15, 1998. 350/650, 351, limits. 352/652, 353, Troy H. Cribb, 354, 359±C/ EFFECTIVE DATE: October 13, 1999. Chairman, Committee for the Implementation 659±C 2, 359±H/ of Textile Agreements. FOR FURTHER INFORMATION CONTACT: 659±H 3, 359± Janet Heinzen, International Trade O 4, 431±444, Committee for the Implementation of Textile Specialist, Office of Textiles and 445/446, 447/ Agreements Apparel, U.S. Department of Commerce, 448, 459, 630± October 5, 1999. (202) 482–4212. For information on the 632, 633/634/ Commissioner of Customs, quota status of these limits, refer to the 635, 636, 638/ Department of the Treasury, Washington, DC Quota Status Reports posted on the 639, 640, 641± 20229. 644, 645/646, bulletin boards of each Customs port, 647/648, 649, Dear Commissioner: This directive call (202) 927–5850, or refer to the U.S. 651, 653, 654, amends, but does not cancel, the directive Customs website at http:// 659±S 5, 659± issued to you on December 8, 1998, by the www.customs.ustreas.gov. For O 6, 831±844, Chairman, Committee for the Implementation information on embargoes and quota re- and 846±859, of Textile Agreements. That directive openings, call (202) 482–3715. as a group. concerns imports of certain cotton, wool and Sublevels in Group II SUPPLEMENTARY INFORMATION: man-made fiber textile products, produced or 239 ...... 6,059,965 kilograms. manufactured in Singapore and exported Authority: Section 204 of the Agricultural 331 ...... 492,840 dozen pairs. Act of 1956, as amended (7 U.S.C. 1854); during the twelve-month period which began 336 ...... 146,479 dozen. Executive Order 11651 of March 3, 1972, as 352/652 ...... 3,338,186 dozen. on January 1, 1999 and extends through amended. 359±H/659±H ...... 5,108,564 kilograms. December 31, 1999. The current limits for certain 433 ...... 15,057 dozen. Effective on October 14, 1999, you are 435 ...... 26,887 dozen. directed to increase the sublimit for Category categories are being adjusted, variously, 436 ...... 5,303 dozen. 348, as provided for under the Uruguay for swing, special shift and carryover. 438 ...... 29,934 dozen. Round Agreement on Textiles and Clothing: A description of the textile and 443 ...... 46,997 numbers. apparel categories in terms of HTS 445/446 ...... 143,123 dozen. numbers is available in the 631 ...... 5,355,128 dozen pairs.

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The Committee for the Implementation of collection; and (6) Reporting and/or Category Adjusted twelve-month limit 1 Textile Agreements has determined that Recordkeeping burden. OMB invites these actions fall within the foreign affairs public comment. 633/634/635 ...... 1,667,128 dozen of exception of the rulemaking provisions of 5 which not more than U.S.C. 553(a)(1). Dated: October 6, 1999. 978,503 dozen shall Sincerely, William E. Burrow, be in Categories Troy H. Cribb, Leader, Information Management Group, 633/634 and not Chairman, Committee for the Implementation Office of the Chief Information Officer. more than 867,079 of Textile Agreements. dozen shall be in [FR Doc. 99–26543 Filed 10–8–99; 8:45 am] Office of Postsecondary Education Category 635. BILLING CODE 3510±DR±F 638/639 ...... 6,561,477 dozen. Type of Review: Extension 642 ...... 924,634 dozen. Title: Application for Waiver of the 644 ...... 801,176 numbers. DEPARTMENT OF EDUCATION Two-Year Foreign Residence 659±S ...... 1,729,838 kilograms. Requirement of the Exchange Visitor Group II Subgroup Submission for OMB Review; Program. 333/334/335, 341, 77,515,713 square Comment Request 342, 350/650, meters equivalent. Frequency: On occasion. 351, 447/448, AGENCY: Department of Education. Affected Public: Businesses or other 636, 641 and SUMMARY: The Leader, Information 651, as a group. for-profit; Not-for-profit institutions; Management Group, Office of the Chief Within Group II Sub- State, local or Tribal Gov’t, SEAs or group Information Officer invites comments LEAs. 342 ...... 144,005 dozen. on the submission for OMB review as Reporting and Recordkeeping Hour 351 ...... 397,346 dozen. required by the Paperwork Reduction Burden: Act of 1995. 447/448 ...... 21,890 dozen. Responses: 25. 636 ...... 390,169 dozen. DATES: Interested persons are invited to 651 ...... 459,144 dozen. submit comments on or before Burden Hours: 500. November 12, 1999. 1 The limits have not been adjusted to ac- Abstract: The ED Exchange Visitor ADDRESSES: count for any imports exported after December Written comments should Waiver Review Board makes 31, 1998. be addressed to the Office of recommendations to the Justice 2 Category 359±C: only HTS numbers Information and Regulatory Affairs, Department through the U.S. 6103.42.2025, 6103.49.8034, 6104.62.1020, Attention: Danny Werfel, Desk Officer, Information Agency (USIA) for waiver 6104.69.8010, 6114.20.0048, 6114.20.0052, Department of Education, Office of 6203.42.2010, 6203.42.2090, 6204.62.2010, of the two-year foreign residency 6211.32.0010, 6211.32.0025 and Management and Budget, 725 17th requirement for exchange visitors who 6211.42.0010; Category 659±C: only HTS Street, N.W., Room 10235, New have been granted J–1 visas. This numbers 6103.23.0055, 6103.43.2020, Executive Office Building, Washington, application will be used by educational 6103.43.2025, 6103.49.2000, 6103.49.8038, DC 20503 or should be electronically or rehabilitative institutions or 6104.63.1020, 6104.63.1030, 6104.69.1000, mailed to the internet address 6104.69.8014, 6114.30.3044, 6114.30.3054, organizations that apply to the [email protected]. 6203.43.2010, 6203.43.2090, 6203.49.1010, Department of Education to request a 6203.49.1090, 6204.63.1510, 6204.69.1010, SUPPLEMENTARY INFORMATION: Section recommendation for a waiver on behalf 6210.10.9010, 6211.33.0010, 6211.33.0017 3506 of the Paperwork Reduction Act of and 6211.43.0010. of an exchange visitor. As a result of the 1995 (44 U.S.C. Chapter 35) requires 3 Category 359±H: only HTS numbers regulation reinvention efforts, the that the Office of Management and 6505.90.1540 and 6505.90.2060; Category Federal Regulations governing this 659±H: only HTS numbers 6502.00.9030, Budget (OMB) provide interested process were eliminated October 1, 6504.00.9015, 6504.00.9060, 6505.90.5090, Federal agencies and the public an early 6505.90.6090, 6505.90.7090 and 1996. 6505.90.8090. opportunity to comment on information 4 Category 359±O: all HTS numbers except collection requests. OMB may amend or Requests for copies of this 6103.42.2025, 6103.49.8034, 6104.62.1020, waive the requirement for public information collection should be 6104.69.8010, 6114.20.0048, 6114.20.0052, consultation to the extent that public addressed to Vivian Reese, U.S. 6203.42.2010, 6203.42.2090, 6204.62.2010, Department of Education, 400 Maryland 6211.32.0010, 6211.32.0025, 6211.42.0010 participation in the approval process (Category 359±C); 6505.90.1540 and would defeat the purpose of the Avenue, S.W., Room 5624, Regional 6505.90.2060 (Category 359±H). information collection, violate State or Office Building 3, Washington, DC 5 Category 659±S: only HTS numbers Federal law, or substantially interfere 20202–4651, or should be electronically 6112.31.0010, 6112.31.0020, 6112.41.0010, with any agency’s ability to perform its mailed to the Internet address 6112.41.0020, 6112.41.0030, 6112.41.0040, l l 6211.11.1010, 6211.11.1020, 6211.12.1010 statutory obligations. The Leader, OCIO IMG [email protected], or should and 6211.12.1020. Information Management Group, Office be faxed to 202–708–9346. 6 Category 659±O: all HTS numbers except of the Chief Information Officer, Written comments or questions 6103.23.0055, 6103.43.2020, 6103.43.2025, publishes that notice containing 6103.49.2000, 6103.49.8038, 6104.63.1020, regarding burden and/or the collection 6104.63.1030, 6104.69.1000, 6104.69.8014, proposed information collection activity requirements should be directed 6114.30.3044, 6114.30.3054, 6203.43.2010, requests prior to submission of these to Joseph Schubart at 202–708–9266 or 6203.43.2090, 6203.49.1010, 6203.49.1090, requests to OMB. Each proposed by e-mail at [email protected]. 6204.63.1510, 6204.69.1010, 6210.10.9010, information collection, grouped by 6211.33.0010, 6211.33.0017, 6211.43.0010 Individuals who use a (Category 659±C); 6502.00.9030, office, contains the following: (1) Type telecommunications device for the deaf 6504.00.9015, 6504.00.9060, 6505.90.5090, of review requested, e.g. new, revision, (TDD) may call the Federal Information 6505.90.6090, 6505.90.7090, 6505.90.8090 extension, existing or reinstatement; (2) Relay Service (FIRS) at 1–800–877– (Category 659±H); 6112.31.0010, Title; (3) Summary of the collection; (4) 6112.31.0020, 6112.41.0010, 6112.41.0020, 8339. 6112.41.0030, 6112.41.0040, 6211.11.1010, Description of the need for, and 6211.11.1020, 6211.12.1010 and proposed use of, the information; (5) [FR Doc. 99–26497 Filed 10–8–99; 8:45 am] 6211.12.1020 (Category 659±S). Respondents and frequency of BILLING CODE 4000±01±P

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DEPARTMENT OF ENERGY Highway 160, Pahrump, Nevada Issued in Washington, DC, October 4, 1999. 89048 Lake Barrett, Additional Public Hearing for Draft 3. October 4, 1999, 10:00 am—1:00 pm, Acting Director, Office of Civilian Radioactive Environmental Impact Statement for a 6:00 pm—10:00 pm, Goldfield Waste Management. Geologic Repository for the Disposal Community Center, 403 Crook Street, [FR Doc. 99–26552 Filed 10–8–99; 8:45 am] of Spent Nuclear Fuel and High-Level Goldfield, Nevada 89013 Radioactive Waste at Yucca Mountain, BILLING CODE 6450±01±P Nye County, NV 4. October 5, 1999, 10:00 am—1:00 pm, 6:00 pm—10:00 pm, Boise Centre on AGENCY: Office of Civilian Radioactive the Grove, 850 West Front Street, DEPARTMENT OF ENERGY Waste Management (OCRWM), Boise, Idaho 83702 Department of Energy (DOE). Idaho Operations Office; Notice of 5. October 19, 1999, 10:00 am—1:00 pm, Availability of Solicitation for Awards ACTION: Notice of additional public 4:00 pm—8:00 pm, Bristlecone of Financial Assistance hearing. Convention Center, 150 Sixth Street, Ely, Nevada 89301 SUMMARY: On August 13, 1999, the U.S. AGENCY: Idaho Operations Office, DOE 6. October 21, 1999, 12:00 pm—3:00 Department of Energy (DOE) published pm, 6:00 pm—10:00 pm, Georgia ACTION: Notice of availability of a Notice of Availability (64 FR 44200) of International Convention Center, 1902 solicitation Number DE–PS07– its Draft Environmental Impact Sullivan Road, College Park, Georgia 00ID13865—University Reactor Statement (EIS) for a Geologic 30337 Instrumentation (URI) Program. Repository for the Disposal of Spent 7. October 26, 1999, 11:00 am—2:00 pm, Nuclear Fuel and High-Level SUMMARY: The U.S. Department of 6:00 pm—10:00 pm, Hall of States, Radioactive Waste at Yucca Mountain, Energy, Idaho Operations Office, is 444 North Capitol Street, N.W., Nye County, Nevada (DOE/EIS–0250–D) soliciting applications for awards of Washington, DC 20001 and announced a 180-day public financial assistance (i.e., grants) that comment period ending February 9, 8. November 4, 1999, 12:00 pm—3:00 will support educational institutions in 2000. Subsequently, 16 public hearings pm, 7:00 pm—10:00 pm, Statham updating their nuclear reactors or were announced on September 9, 1999 Hall, 138 North Jackson Street, Lone related radiation laboratory equipment (64 FR 48996). DOE is now announcing Pine, California 93545 and instrumentation. The issuance date one additional public hearing. To 9. November 9, 1999, 12:00 pm—3:00 of Solicitation Number DE–PS07– schedule a time to provide oral pm, 6:00 pm—10:00 pm, Caliente 00ID13865 is October 5, 1999. The comments during the hearings, please Youth Center, U.S. Highway 93 North, solicitation is available in its full text call 1–800–967–3477. Persons wishing Caliente, Nevada 89008 via the Internet at the following URL to provide oral comments who have not 10. November 16, 1999, 11:00 am—2:00 address: http://www.id.doe.gov/doeid/ registered in advance may register at the pm, 6:00 pm—10:00 pm, Denver PSD/proc-div.html under ‘‘Current hearings. Convention Complex, 700 14th Street, Solicitations and Sources Sought’’. The DATES: The additional public hearing Denver, Colorado 80202 deadline for receipt of applications is 63 will be held on December 2, 1999, from 11. December 1, 1999, 12:00 pm—3:00 days after the issuance date of the 12:00 noon to 3:00 p.m. and from 6:00 pm, 6:00 pm—10:00 pm, Lawlor solicitation or by December 8, 1999. p.m. to 10:00 p.m., in Carson City, Events Center, 1664 North Virginia Nevada. ADDRESSES: Applications should be Street, Reno, Nevada 89557 submitted to: Connie H. Osborne, ADDRESSES: The additional public 12. December 2, 1999, 12:00 pm—3:00 Procurement Services Division, U.S. hearing will be held at the following pm, 6:00 pm—10:00 pm, Nevada State Department of Energy, Idaho Operations location: Carson City, Nevada—Nevada Legislature, Room 4100, 401 South Office, 850 Energy Drive, Mail Stop State Legislature, Room 4100, 401 South Carson Street, Carson City, Nevada 1221, Idaho Falls, Idaho 83401–1563. Carson Street, Carson City, Nevada 89701 89701. FOR FURTHER INFORMATION CONTACT: 13. December 7, 1999, 11:00 am—2:00 FOR FURTHER INFORMATION CONTACT: Ms. Connie Osborne, Contract Specialist at pm, 5:30 pm—9:30 pm, Austin Town Wendy R. Dixon, EIS Project Manager, [email protected]. Hall, 137 Court Street, Austin, Nevada M/S 010, U.S. Department of Energy, 89310 SUPPLEMENTARY INFORMATION: The Office of Civilian Radioactive Waste 14. December 9, 1999, 10:00 am—1:00 solicitation was issued pursuant to 10 Management, Yucca Mountain Site CFR 600.6(b). Eligibility for awards Characterization Office, P.O. Box 30307, pm, 6:00 pm—10:00 pm, Crescent Valley Town Hall, 5045 Tenabo under this University Reactor North Las Vegas, NV 89036–0307, Instrumentation (URI) Program will be Telephone 1–800–967–3477, Facsimile Avenue, Crescent Valley, Nevada 89821 restricted to U.S. colleges and 1–800–967–0739. universities having a duly licensed, SUPPLEMENTARY INFORMATION: Public 15. January 11, 2000, 11:00 am—2:00 operating nuclear research or training hearings have been scheduled for the pm, 6:00 pm—10:00 pm, Grant reactor. The purpose of this program is following dates at the following Sawyer State Building, 555 East to upgrade, purchase, or maintain locations: Washington, Las Vegas, Nevada 89101 equipment and instrumentation related 1. September 27, 1999, 11:00 am—2:00 16. January 13, 2000, 10:00 am—1:00 to the performance, control, or pm, 6:00 pm—10:00 pm, Amargosa pm, 6:00 pm—10:00 pm, Salt Lake operational capability of the reactor Valley Community Center, 821 East City Hilton Inn, 150 West 500 South, facility. The program will increase the Farm Road, Amargosa Valley, Nevada Salt Lake City, Utah 84101 quality and/or efficiency of the 89020 17. January 20, 2000, 11:00 am—2:00 operation of the reactor facility and/or 2. September 30, 1999, 11:00 am—2:00 pm, 6:00 pm—10:00 pm, America’s will improve or expand the research and pm, 6:00 pm—10:00 pm, Bob Ruud Center, 701 Convention Plaza, St. training capabilities of the reactor Community Center, 150 North Louis, Missouri 63101 facility.

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Issued in Idaho Falls on September 30, projects that meet the missions and Competitiveness through Energy, 1999. areas of concern of the other EE/RE Environment, and Economics (NICE 3). R. Jeffrey Hoyles, sectors—transportation, buildings, and The goals of the NICE 3 Program are to Director, Procurement Services Division. power will also be considered for improve energy efficiency, promote [FR Doc. 99–26555 Filed 10–8–99; 8:45 am] award. Please refer to www.eren.doe.gov cleaner production, and to improve BILLING CODE 6450±01±P for additional information on the EE/RE competitiveness in industry. sectors. DATES: A pre-proposal abstract for the Pre-Proposal proposed project may be submitted to DEPARTMENT OF ENERGY the Golden Field Office on or before An optional pre-proposal may be March 17, 2000. Pre-proposal abstracts Office of Energy Efficiency and submitted to DOE through March 17, received between March 18, 2000 and Renewable Energy 2000 for the 2000 Solicitation. DOE will July 31, 2000 (the open period of the provide a timely response regarding the solicitation) will not receive a response Optional Prescreening Process for the invention’s program relevance. The pre- until after the solicitation closes on July Inventions and Innovation Program proposal must be typed, must not 31, 2000. exceed two pages, and must adhere to AGENCY SUPPLEMENTARY INFORMATION: : Golden Field Office, the prescribed format. The submission Department of Energy (DOE). of a pre-proposal abstract is not Background Information ACTION: Optional pre-proposal process mandatory for submitting an application The Department of Energy (DOE), for potential applicants under the DOE under the May 2000 solicitation. The Office of Industrial Technologies’ (OIT) Inventions and Innovation Program abstract format will be available through National Industrial Competitiveness solicitation. the Inventions and Innovation site at the Through Energy, Environment, and I&I website, http://www.oit.doe.gov/ SUMMARY: The Office of Industrial Economics (NICE 3) Program funds up to inventions or from the contacts listed Technologies of the Department of $525,000 (50% cost sharing is required) below. If unable to access the internet, Energy is funding a competitive grant for the first commercial demonstration you may obtain a copy of the abstract program entitled Inventions and of innovative industrial technologies format by calling Jennifer Palasz at (303) Innovation (I&I). The goals of the I&I that reduce energy consumption, waste 275–4764, FAX (303) 275–4788. Program are to improve energy production, and operating costs. efficiency through the promotion of FOR FURTHER INFORMATION CONTACT: U.S. Applications must be submitted by an innovative ideas and inventions that Department of Energy Golden Field authorized state agency with an have a significant potential energy Office, 1617 Cole Boulevard, Golden, appropriate industrial partner. The impact and a potential future Colorado 80401. Jennifer Palasz, at (303) NICE 3 Program emphasizes funding commercial market. 275–4764, by FAX at (303) 275–4788, or l projects within the following OIT focus DATES: The abstract for the proposed Internet at jennifer [email protected]. industries: Agriculture, Aluminum, project may be submitted to the Golden The Contract Specialist is Jim Damm, at Chemicals, Forest Products, Glass, (303) 275–4744 or Internet at Field Office on or before March 17, 2000 l Metalcasting, Mining, Petroleum, and for the May 2000 solicitation. Pre- jim [email protected]. In addition, Steel. Please see the OIT website at proposal abstracts received between program information and the pre- www.oit.doe.gov for additional details March 18, 2000 and July 31, 2000 (the proposal format can be located at the I&I on these focus industries. OIT is part of open period of the solicitation) will not website at http//www.oit.doe.gov/ the Office of Energy Efficiency and receive a response until after the inventions. Renewable Energy (EE/RE), and solicitation closes on July 31, 2000. Pre- Issued in Golden, Colorado, on October 1, consideration will also be given to proposal dates for the Fiscal Year 2001 1999. projects that involve non-OIT focus solicitation will be posted on the I&I Matthew Barron, industries and industrial processes in website after July 31, 2000. Acting Procurement Director, GO. the other three EE/RE sectors (buildings, SUPPLEMENTARY INFORMATION: [FR Doc. 99–26554 Filed 10–8–99; 8:45 am] transportation, and power). Background Information BILLING CODE 6450±01±P Pre-Proposal The Department of Energy (DOE), An optional pre-proposal may be Office of Industrial Technologies’ (OIT) DEPARTMENT OF ENERGY submitted to DOE’s Golden Field Office Inventions and Innovation (I&I) Program through March 17, 2000 for the May funds up to $200,000 for promising Office of Energy Efficiency and 2000 solicitation. DOE will provide a projects demonstrating both energy- Renewable Energy timely response regarding the related innovation and future technology’s program relevance. The commercial market potential. The I&I Optional Pre-Proposal Process for the pre-proposal must be typed, must not Program emphasizes funding projects National Industrial Competitiveness exceed two pages, and should utilize the within the following OIT focus Through Energy, Environment and prescribed format. The pre-proposal 3 industries: Agriculture, Aluminum, Economics (NICE ) Program must be submitted through a state Chemicals, Forest Products, Glass, AGENCY: Golden Field Office, agency. The submission of a pre- Metalcasting, Mining, Petroleum, and Department of Energy (DOE). proposal abstract is not mandatory for Steel. Please see the OIT website at ACTION: Optional pre-proposal process submitting an application under the www.oit.doe.gov for additional details for potential applicants under the DOE May 2000 solicitation. A suggested on these focus industries. NICE 3 program solicitation. abstract format will be available through OIT is part of the Office of Energy the NICE 3 website, http:// Efficiency and Renewable Energy SUMMARY: The Office of Industrial www.oit.doe.gov/nice3 or by the (EE/RE). While emphasis will be given Technologies of the Department of contacts listed below. The DOE reviews to technologies within the OIT focus Energy is funding a State Grant Program and comments under the pre-proposal industries identified previously, entitled National Industrial process will not be used by DOE in

VerDate 06-OCT-99 18:27 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm08 PsN: 12OCN1 55262 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices evaluating or awarding applications anticipate that you will be submitting DEPARTMENT OF ENERGY under the May 2000 solicitation. comments but find it difficult to do so FOR FURTHER INFORMATION CONTACT: within the time allowed by this notice, Federal Energy Regulatory Steve Blazek, at (303) 275–4723, at the you should advise the OMB DOE Desk Commission U.S. Department of Energy Golden Field Officer listed below of your intention to [Docket No. RP99±520±000] Office, 1617 Cole Boulevard, Golden, do so as soon as possible. The Desk Colorado 80401, FAX (303) 275–4788. Officer may be telephoned at (202) 395– CNG Transmission Corporation; Notice In addition, information on the NICE 3 3084. (Also, please notify the EIA of Proposed Changes in FERC Gas program can be located at http// contact listed below.) Tariff www.oit.doe.gov/nice3. The Contract Specialist is James Damm, at (303) 275– ADDRESSES: Address comments to the October 5, 1999. 4744. Department of Energy Desk Officer, Take notice that on September 30, 1999, CNG Transmission Corporation Issued in Golden, Colorado, on October 1, Office of Information and Regulatory 1999. Affairs, Office of Management and (CNG), filed as part of its FERC Gas Tariff, Second Revised Volume No. 1, Matthew Barron, Budget, 726 Jackson Place, NW, the following tariff sheet: Acting Procurement Director, GO. Washington, DC 20503. (Comments [FR Doc. 99–26553 Filed 10–8–99; 8:45 am] should also be addressed to the Fifty-first Revised Sheet No. 32 BILLING CODE 6450±01±P Statistics and Methods Group at the CNG requests an effective date of address below.) November 1, 1999 for its proposed tariff FOR FURTHER INFORMATION: Requests for sheet. DEPARTMENT OF ENERGY additional information should be CNG states that the purpose of this filing is to submit CNG’s quarterly Energy Information Administration directed to Herbert Miller, Statistics and Methods Group, (EI–70), Forrestal revision of the Section 18.2.B Surcharge, effective for the three-month period Agency Information Collection Under Building, U.S. Department of Energy, commencing November 1, 1999. Review by the Office of Management Washington, DC 20585. Mr. Miller may CNG states that the purpose of this and Budget be telephoned at (202) 426–1103, FAX filing is to submit CNG’s quarterly (202) 426–1081, or e-mail at AGENCY: Energy Information revision of the Section 18.2.B Surcharge, Administration, Department of Energy. [email protected]. effective for the three-month period ACTION: Submission for OMB review; SUPPLEMENTARY INFORMATION: The commencing November 1, 1999. The comment request. energy information collection submitted charge for the quarter ending October to OMB for review was: 31, 1999 has been $0.224 per Dt., as SUMMARY: The Energy Information authorized by Commission order dated Administration (EIA) has submitted the 1. EIA–176, 191, 191S, 857, 857S, and July 23, 1999 in Docket No. RP99–364– energy information collection(s) listed at 895 ‘‘Natural Gas Program Package’’; 000. CNG’s proposed Section 18.2.B the end of this notice to the Office of 2. Energy Information Administration, surcharge for the next quarterly period Management and Budget (OMB) for OMB No. 1905–0175, Extension with is $0.0190 per Dt. The revised surcharge review under section 3507(a)(1)(D) of changes, Mandatory for all forms except is designed to recover $161,340 in the Paperwork Reduction Act of 1995 EIA–895 which is voluntary; Stranded Account No. 858 Costs, which (Pub. L. 104–13). The listing does not 3. The Natural Gas Program Package CNG incurred for the period of June, include collections of information 1999 through August, 1999. The instant forms collect basic and detailed natural contained in new or revised regulations docket incorporates the revised base gas production, processing, which are to be submitted under section rates filed by CNG today in another transmission, storage, consumption and 3507(d)(1)(A) of the Paperwork docket, which relates to the phased Reduction Act, nor management and price data. The data are published by conversion of Rate Schedule GSS II and procurement assistance requirements the Energy Information Administration associated transportation entitlements. collected by the Department of Energy and are used by both public and private CNG states that copies of this letter of (DOE). analysts. transmittal and enclosures are being Each entry contains the following 4. Business or other for-profit; State, served upon CNG’s customers and information: (1) Collection number and Local or Tribal Government; interested state commissions. title; (2) summary of the collection of Any person desiring to be heard or to 5. 43,675 hours (5.35 hours average information (includes sponsor (the DOE protest said filing should file a motion per response x 4.24 average responses component)), current OMB document to intervene or a protest with the number (if applicable), type of request per year x 1,924 respondents) Federal Energy Regulatory Commission, (new, revision, extension, or Statutory Authority: 44 U.S.C. 888 First Street, N.E., Washington, D.C. reinstatement); response obligation 3506(a)(2)(A) of the Paperwork Reduction 20426, in accordance with Sections (mandatory, voluntary, or required to Act of 1995 (Pub. L. No. 104–13). 385.214 or 385.211 of the Commission’s obtain or retain benefits); (3) a Issued in Washington, DC, October 4, 1999. Rules and Regulations. All such motions description of the need and proposed Lynda T. Carlson, or protests must be filed in accordance use of the information; (4) description of with Section 154.210 of the the likely respondents; and (5) estimate Director, Statistics and Methods Group, Energy Information Administration. Commission’s Regulations. Protests will of total annual reporting burden be considered by the Commission in [FR Doc. 99–26551 Filed 10–8–99; 8:45 am] (average hours per response x proposed determining the appropriate action to be frequency of response per year x BILLING CODE 6450±01±P taken, but will not serve to make estimated number of likely protestants parties to the proceedings. respondents.) Any person wishing to become a party DATES: Comments must be filed on or must file a motion to intervene. Copies before November 12, 1999. If you of this filing are on file with the

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Commission and are available for public Any person wishing to become a party Rules and Regulations. All such motions inspection in the Public Reference must file a motion to intervene. Copies or protests must be filed in accordance Room. This filing may be viewed on the of this filing are on file with the with Section 154.210 of the web at http://www.ferc.fed.us/online/ Commission and are available for public Commission’s Regulations. Protests will rims.htm (call 202–208–2222 for inspection in the Public Reference be considered by the Commission in assistance). Room. This filing may be viewed on the determining the appropriate action to be Linwood A. Watson, Jr., web at http://www.ferc.fed.us/online/ taken, but will not serve to make Acting Secretary. rims.htm (call 202–208–2222 for protestants parties to the proceedings. [FR Doc. 99–26425 Filed 10–8–99; 8:45 am] assistance). Any person wishing to become a party BILLING CODE 6717±01±M Linwood A. Watson, Jr., must file a motion to intervene. Copies Acting Secretary. of this filing are on file with the [FR Doc. 99–26446 Filed 10–8–99; 8:45 am] Commission and are available for public DEPARTMENT OF ENERGY BILLING CODE 6717±01±M inspection in the Public Reference Room. This filing may be viewed on the Federal Energy Regulatory web at http://www.ferc.fed.us/online/ Commission DEPARTMENT OF ENERGY rims.htm (call 202–208–2222 for assistance). [Docket No. RP99±519±000] Federal Energy Regulatory Linwood A. Watson, Jr., CNG Transmission Corporation; Notice Commission Acting Secretary. of Proposed Changes in FERC Gas [Docket No. TM00±1±22±000] [FR Doc. 99–26451 Filed 10–8–99; 8:45 am] Tariff BILLING CODE 6717±01±M CNG Transmission Corporation; Notice October 5, 1999. of Proposed Changes in FERC Gas Take notice that on September 30, Tariff DEPARTMENT OF ENERGY 1999, CNG Transmission Corporation (CNG) tendered for filing as part of its October 5, 1999. Federal Energy Regulatory FERC Gas Tariff, Second Revised Take notice that on September 30, Commission Volume No. 1, the following tariff 1999, CNG Transmission Corporation [Docket No. RP00±5±000] sheets, with an effective date of (CNG) filed as part of its FERC Gas November 1, 1999: Tariff, Second Revised Volume No. 1, Colorado Interstate Gas Company; Twenty-Third Revised Sheet No. 31 the following tariff sheets: Notice of Tariff Filing Fiftieth Revised Sheet No. 32 Twenty-Fourth Revised Sheet No. 31 Nineteenth Revised Sheet No. 34 Fifty-Second Revised Sheet No. 32 October 5, 1999. Twenty-Second Revised Sheet No. 35 Twentieth Revised Sheet No. 34 Take notice that on October 1, 1999, Eighth Revised Sheet No. 37 Twenty-Third Revised Sheet No. 35 Colorado Interstate Gas Company (CIG), tendered for filing to become part of its CNG states that the purpose of this CNG requests an effective date of FERC Gas Tariff, First Revised Volume filing is to comply with Article VII, November 1, 1999, for its purposed tariff No. 1, tariff sheets listed in Appendix A Section G, of the August 31 1998, sheets. to the filing, to be effective November 1, Stipulation and Agreement in Docket CNG states that the purpose of this 1999. Nos. RP97–406, et al., approved by the filing is to update CNG’s effective CIG states it is making this filing to Commission in CNG Transmission Transportation Cost Rate Adjustment replace Spot Index Price with Cash Out Corporation, 85 FERC ¶ 61,261 (1998). (TCRA), through the annual adjustment Index Price to be used for the following: That settlement provides for the phased mechanism described in Section 15 of 1. The imbalance cash-out provisions, conversion of firm storage services the General Terms and Conditions of 2. The penalty imposed on a park- under Rate Schedule GSS–II, to CNG’s Tariff (GT&C). CNG’s surcharge loan shipper pursuant to Rate Schedule corresponding services under Rate incorporates the balance in its PAL–1 that fails to return loaned gas by Schedule GSS and Rate Schedule FT Unrecovered Fuel Cost Reimbursement the deadline imposed by CIG (currently (FT–GSS). Article VII, Section G permits Subaccount, as set forth in GT&C 150% of the Spot Index Price), CNG to implement base rate changes to Section 16.5, as well as the balance in 3. The penalty imposed on a swing reflect each phase of the conversion. its Unrecovered EPC Reimbursement service operator pursuant to Rate CNG states that copies of this filing Subaccount, pursuant to GT&C Section Schedule SS–1 (currently 150% of the are being served upon CNG’s customers 17.5. Spot Index Price), and and interested state commissions. CNG seeks waiver of GT&C Section 4. Calculating the fuel quantity Any person desiring to be heard or to 16.5 to reflect products extraction fuel attributable to revenue from gas protest said filing should file a motion and shrinkage under-recoveries in the processing. to intervene or a protest with the reservation component of its surcharge Use of the Spot Index Price as a basis Federal Energy Regulatory Commission, rates. for calculation of unauthorized overrun 888 First Street, N.E., Washington, D.C. CNG states that copies of its letter of fees is unaffected by this filing. 20426, in accordance with Sections transmittal and enclosures are being CIG avers that currently it calculates 385.214 or 385.211 of the Commission’s served upon its customers and the Spot Index Price based on published Rules and Regulations. All such motions interested state commissions. first-of-the-month index prices. CIG is or protests must be filed in accordance Any person desiring to be heard or to proposing to add a new term to be with Section 154.210 of the protest said filing should file a motion called the Cash Out Index Price, to be Commission’s Regulations. Protests will to intervene or a protest with the calculated using an average of the daily be considered by the Commission in Federal Energy Regulatory Commission, mid-point index prices for the pertinent determining the appropriate action to be 888 First Street, NE., Washington, DC production month. CIG states that an taken, but will not serve to make 20426, in accordance with Sections average daily index price is more protestants parties to the proceedings. 385.214 or 385.211 of the Commission’s representative than a first of the month

VerDate 06-OCT-99 18:27 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4703 Sfmt 4700 E:\FR\FM\12OCN1.XXX pfrm08 PsN: 12OCN1 55264 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices index price regarding the actual cost of Thirty-eight Revised Sheet No. 25 DEPARTMENT OF ENERGY gas during a production month. Thirty-eight Revised Sheet No. 26 CIG further states that an average Thirty-eight Revised Sheet No. 27 Federal Energy Regulatory daily index price is superior to a first of Seventeenth Revised Sheet No. 30A Commission the month index in deterring gaming by shippers, such as when a shipper Columbia states that this filing is [Docket No. RP00±10±000] decides to deliberately (1) Incur or not being submitted pursuant to Stipulation clear imbalances, (2) Not return loaned I, Article I, Section E, True-up Columbia Gas Transmission quantities to park-loan service, or (3) Mechanism, of the Settlement Corporation; Notice of Proposed Not return excess deliveries in its swing (Settlement) in Docket No. RP95–408 et Changes in FERC Gas Tariff al., approved by the Commission on service account. CIG states a first of the October 5, 1999. month index invites gaming because April 17, 1997 (79 FERC ¶ 61,044 (1997)). Pursuant to the true-up Take notice that on October 1, 1999, this type of index price allows a shipper Columbia Gas Transmission Corporation provision, Columbia is required to true- to readily determine when there is an (Columbia), tendered for filing as part of up its collections from the Settlement economic advantage to engage in its FERC Gas Tariff, Second Revised gaming. Component for 12-month periods Volume No. 1, the following revised CIG states that copies of the filing commencing November 1, 1996. In tariff sheets with a proposed effective have been mailed to all affected accordance with the Settlement, the date of November 1, 1999: customers and state regulatory true-up component of the Settlement commissions. Component is to be removed effective Thirty-ninth Revised Sheet No. 25 Any person desiring to be heard or to Thirty-ninth Revised Sheet No. 26 November 1, of each year. The instant Thirty-ninth Revised Sheet No. 27 protest said filing should file a motion filing is being made to remove such Thirty-Sixth Revised Sheet No. 28 to intervene or a protest with the true-up component from the currently Columbia states that it is tendering Federal Energy Regulatory Commission, effective Settlement Component this periodic filing in accordance with 888 First Street, NE, Washington, D.C. effective November 1, 1999. 20426, in accordance with sections Section 36.2 of the General Terms and 385.214 or 385.211 of the Commission’s Columbia states that copies of its Conditions (GTC) of its Tariff. GTC rules and regulations. All such motions filing have been mailed to all firm Section 36, Transportation Costs Rate or protests must be filed in accordance customers, interruptible customers, and Adjustment (TCRA), enables Columbia with section 154.210 of the affected state commissions. to adjust its current TCRA rate Commission’s Regulations. Protests will Any person desiring to be heard or to prospectively on a periodic and annual be considered by the Commission in protest said filing should file a motion basis to take into account prospective determining the appropriate action to be to intervene or a protest with the changes in Account No. 858 costs. In taken, but will not serve to make Federal Energy Regulatory Commission, this filing Columbia proposes to adjust protestants parties to the proceedings. 888 First Street, N.E., Washington, D.C. its Current Operational TCRA Rate as defined in GTC Section 36.4. Any person wishing to become a party 20426, in accordance with Sections Columbia states that copies of its must file a motion to intervene. Copies 385.214 or 385.211 of the Commission’s filing have been mailed to all firm of this filing are on file with the Rules and Regulations. All such motions Commission and are available for public customers, interruptible customers, and or protests must be filed in accordance affected state commissions. inspection in the Public Reference with Section 154.210 of the Room. This filing may be viewed on the Any person desiring to be heard or to Commission’s Regulations. Protests will web at http://www.ferc.fed.us/online/ protest said filing should file a motion be considered by the Commission in rims.htm (call 202–208–2222 for to intervene or a protest with the assistance). determining the appropriate action to be Federal Energy Regulatory Commission, taken, but will not serve to make Linwood A. Watson, Jr., 888 First Street, N.E., Washington, D.C. protestants parties to the proceedings. Acting Secretary. 20426, in accordance with Sections Any person wishing to become a party 385.214 or 385.211 of the Commission’s [FR Doc. 99–26430 Filed 10–8–99; 8:45 am] must file a motion to intervene. Copies Rules and Regulations. All such motions BILLING CODE 6717±01±M of this filing are on file with the or protests must be file in accordance Commission and are available for public with Section 154.210 of the DEPARTMENT OF ENERGY inspection in the Public Reference Commission’s Regulations. Protests will Room. This filing may be viewed on the be considered by the Commission in Federal Energy Regulatory web at http://www.ferc.fed.us/online/ determining the appropriate action to be Commission rims.htm (call 202–208–2222 for taken, but will not serve to make assistance). protestants parties to the proceedings. [Docket No. RP00±9±000] Linwood A. Watson, Jr., Any person wishing to become a party must file a motion to intervene. Copies Columbia Gas Transmission Acting Secretary. of this filing are on file with the Corporation; Notice of Proposed [FR Doc. 99–26434 Filed 10–8–99; 8:45 am] Commission and are available for public Changes in FERC Gas Tariff BILLING CODE 6717±01±M inspection in the Public Reference October 5, 1999. Room. This filing may be viewed on the Take notice that on October 1, 1999, web at http://www.ferc.fed.us/online/ Columbia Gas Transmission Corporation rims.htm (call 202–208–2222 for (Columbia) filed as part of its FERC Gas assistance). Tariff, Second Revised Volume No. 1, Linwood A. Watson, Jr., the following revised sheets, bearing a Acting Secretary. proposed effective date of November 1, [FR Doc. 99–26435 Filed 10–8–99; 8:45 am] 1999. BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY application for authorization pursuant DEPARTMENT OF ENERGY to Section 7 of the NGA. Federal Energy Regulatory Linwood A. Watson, Jr., Federal Energy Regulatory Commission Acting Secretary. Commission [FR Doc. 99–26438 Filed 10–8–99; 8:45 am] [Docket No. CP00±2±000] [Docket No. RP00±1±000] BILLING CODE 6717±01±M Columbia Gas Transmission East Tennessee Natural Gas Company; Corporation; Notice of Request Under DEPARTMENT OF ENERGY Notice of Transportation Cost Rate Blanket Authorization Adjustment Filing Federal Energy Regulatory October 5, 1999. October 5, 1999. Commission Take notice that on October 1, 1999, Take notice that on October 1, 1999, Columbia Gas Transmission Corporation [Docket No. RP00±6±000] East Tennessee Natural Gas Company (Columbia), 12801 Fair Lakes Parkway, (East Tennessee), filed its Annual Fairfax, Virginia 22030–1046, filed a Dauphin Island Gathering Partners; Transportation Cost Rate Adjustment request with the Commission in Docket Notice of Proposed Changes in FERC filing. No. CP00–002–000 pursuant to Sections Gas Tariff East Tennessee states that because it 157.205 and 157.216(b) of the has not incurred any demand or October 5, 1999. Commission’s Regulations under the commodity Account 858 costs since its Natural Gas Act (NGA) for authorization Take notice that on October 1, 1999, last Transportation Cost Rate to abandon one point of delivery to Dauphin Island Gathering Partners Adjustment Filing, for the period Columbia Gas of Pennsylvania, Inc. (DIGP) tendered for filing as part of its December 1, 1999 through November (CPA), consisting of 0.03 mile of 4– and FERC Gas Tariff, First Revised Volume 30, 2000, East Tennessee will continue 6-inch pipeline, authorized in blanket No.1, the tariff sheets listed below to to reflect a demand and commodity certificate issued in Docket No. CP83– become effective October 4, 1999. The surcharge of $0.0 to the FT–A and FT– 76–000, all as more fully set forth in the modifications to the listed tariff sheets GS rates as shown on its currently request on file with the Commission and are proposed to provide revisions effective Fourteenth Revised Sheet No. open to public inspection. This filing reflecting contracts that have been 4. may be viewed on the web at http:// assigned. www.ferc.fed.us/online/rims.htm (call Any person desiring to be heard or to 202–208–2222 for assistance). First Revised Volume No. 1 protest said filing should file a motion First Revised Volume No. 9 to intervene or a protest with the Columbia proposes to abandon its First Revised Volume No. 10 Federal Energy Regulatory Commission, Wampum East Measuring and 888 First Street, NE, Washington, DC Regulating Station, of its Line 1646, DIGP states that a copy of this filing 20426, in accordance with sections which is approximately .04 mile from has been served on all parties on the 385.214 or 385.211 of the Commission’s Columbia’s Mike Papa Measuring and service list. Rules and Regulations. All such motions Regulating Station. Both stations are Any person desiring to be heard or to or protests must be filed on or before located in Lawrence County, protest said filing should file a motion October 12, 1999. Protests will be Pennsylvania and both stations provide to intervene or a protest with the considered by the Commission in service to CPA. Columbia requests Federal Energy Regulatory Commission, authorization to install a new meter and determining the appropriate action to be 888 First Street, NE, Washington, DC taken, but will not serve to make filter separator at the Mike Papa 20426, in accordance with sections Measuring Station and all above ground protestants parties to the proceedings. 385.214 or 385.211 of the Commission’s Any person wishing to become a party facilities associated with the Wampum Rules and Regulations. All such motions East point of delivery be abandon by must file a motion to intervene. Copies or protests must be filed in accordance removal. Columbia states that service to of this filing are on file with the with section 154.210 of the CPA would be singularly provided Commission and are available for public Commission’s Regulations. Protest will through the Mike Papa point of delivery. inspection in the Public Reference be considered by the Commission in Room. This filing may be viewed on the Any person or the Commission’s staff determining the appropriate action to be web at http://www.ferc.fed.us/online/ may, within 45 days after the taken, but will not serve to make rims.htm (call 202–208–2222 for Commission has issued this notice, file protestants parties to the proceedings. assistance). pursuant to Rule 214 of the Any person wishing to become a party Linwood A. Watson, Jr., Commission’s Procedural Rules (18 CFR must file a motion to intervene. Copies Acting Secretary. 385.214) a motion to intervene or notice of this filing are on file with the of intervention and pursuant to Section Commission and are available for public [FR Doc. 99–26426 Filed 10–8–99; 8:45 am] 157.205 of the Regulations under the inspection in the Public Reference BILLING CODE 6717±01±M NGA (18 CFR 157.205) a protest to the Room. This filing may be viewed on the request. If no protest is filed within the web at http://www.ferc.fed.us/online/ allowed time, the proposed activity rims.htm (call 202–208–2222 for shall be deemed to be authorized assistance). effective the day after the time allowed for filing a protest. If a protest is filed Linwood A. Watson, Jr., and not withdrawn within 30 days after Acting Secretary. the time allowed for filing a protest, the [FR Doc. 99–26431 Filed 10–8–99; 8:45 am] instant request shall be treated as an BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY period the S&A was in effect. Pursuant proposing revisions to Seventh Revised to Article IV.B.7, upon the expiration of Sheet No. 117A to change its Intraday Federal Energy Regulatory the initial two-year period the Rate Zone nomination procedures to provide that Commission One Reservation Rate Adjustment is Intraday nominations that contain a date [Docket No. RP97±32±006] eliminated and the Rate Schedule FT range of more than one day shall be and ST reservation rates decrease to effective only for the next applicable Eastern Shore Natural Gas Company; $8.9501 per dt effective November 1, nomination cycle. Notice of Proposed Changes in FERC 1999. FGT states that FGT’s current Intraday Gas Tariff Eastern Shore states that copies of its nomination procedures provide that filing are available for public inspection Intraday nominations which contain a October 5, 1999. at 417 Bank Lane, Dover, Delaware and date range of more than one day will be Take notice that on September 30, a copy has been mailed to affected processed as an Intraday nomination for 1999, Eastern Shore Natural Gas customers and interested state the first day of the specified effective Company (Eastern Shore) tendered for commissions. period, and the nomination for the filing as part of its FERC Gas Tariff, Any person desiring to protest this remainder of the date range is processed Second Revised Volume No. 1, the filing should file a protest with the as a Timely nomination. FGT following revised tariff sheets, with an Federal Energy Regulatory Commission, implemented these procedures in effective date of November 1, 1999: 888 First Street NE, Washington, DC compliance with Order No. 587–H Second Revised Sheet No. 4 20426, in accordance with section (issued in Docket No. RM96–1–008 on Second Revised Volume No. 6 385.211 of the Commission’s rules and July 15, 1998), in which the regulations. All such protests must be Commission adopted the Eastern Shore states that the filing of filed as provided in section 154.210 of implementation standards promulgated these tariff sheets is in accordance with the Commission’s regulations. Protests by the Gas Industry Standards Board the Stipulation and Agreement (S&A) will be considered by the Commission (‘‘GISB’’) related to the intraday approved by the Commission on in determining the appropriate action to nomination and scheduling procedures October 15, 1997, (81 FERC ¶ 61,013, be taken, but will not serve to make and time line (‘‘GISB Intraday 1997) in the above-referenced docket. protestants parties to the proceedings. Standards’’). Under the GISB Intraday Eastern Shore states that pursuant to Standards, pipelines were not required Article IV.B.5 of the above-referenced Copies of this filing are on file with the Commission and are available for public to make Intraday nominations S&A, its Rate Schedule T–1 restructured applicable to date ranges of more than settlement rates include a reservation inspection in the Public Reference Room. This filing may be viewed on the one day. Accordingly, most pipelines rate adjustment (T–1 Reservation Rate did not provide this option and Adjustment) of ($1.2167) per dekatherm web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222) for standard industry practice is that (dt) for a period of two years which Intraday nominations are effective only commenced on the effective date of assistance). Linwood A. Watson, Jr., for the nomination cycle. Eastern Shore’s restructuring (i.e. FGT states that in implementing the November 1, 1997). Such adjustment Acting Secretary. GISB Intraday Standards, FGT was necessary in order to reflect only 50 [FR Doc. 99–26441 Filed 10–8–99; 8:45 am] continued to provide shippers the percent of the total non-mileage costs BILLING CODE 6717±01±M option of submitting Intraday included in Eastern Shore’s settlement nominations containing a date range of cost of service in the T–1 settlement more than one day. In doing so, FGT did rates. Non-mileage costs are defined as DEPARTMENT OF ENERGY not anticipate that this flexibility would those costs included in Eastern Shore’s be confusing to FGT’s shippers and Account Nos. 850, 861 and 902 through Federal Energy Regulatory Commission administratively infeasible to FGT. 935, respectively. At the end of the FGT’s shippers are confused because, initial two-year period the T–1 [Docket No. RP99±515±000] under FGT’s current Intraday 2 Reservation Rate Adjustment terminates procedures, a shipper sending an and the T–1 restructured settlement Florida Gas Transmission Company; Intrady 2 nomination with a date range reservation rate increases to $7.0567 per Notice of Tariff Filing of more than one day is treated as also dt to reflect fully 100 percent of the total October 5, 1999. submitting an Evening Cycle Intraday non-mileage costs included in Eastern Take notice that on September 30, nomination for the next day in the rate Shore’s settlement cost of service. range. It has been FGT’s experience that Eastern Shore also states that as 1999, Florida Gas Transmission Company (FGT) tendered for filing as shippers, often unaware that they are detailed in Article IV.B.6 of the S&A, affecting their timely nomination for the the difference between the annual part of its FERC Gas Tariff, Third Revised Volume No. 1, the following following gas day, are confused when revenues produced under the Rate they receive their scheduled quantities tariff sheets to become effective Schedule T–1 settlement rates reflecting for the next gas day which have been November 1, 1999: 50 percent of the total non-mileage costs changed. and the annual revenues produced Seventh Revised Sheet No. 117 Additionally, FGT states that FGT under the T–1 settlement rates reflecting First Revised Sheet No. 117.01 cannot send a Quick Response for the 100 percent of the total non-mileage Seventh Revised Sheet No. 117A changes to subsequent nomination cost, is $151,494. Such difference was FGT states that in the instant filing, cycles because a Quick Response can allocated to Rate Zone One firm FGT is proposing revisions to section only be sent once for any nomination transportation customers under Rate 10.A.2 of its General Terms and received. In order for FGT to alert Schedules FT and ST on a pro rata basis Conditions (GTC), Nomination shippers that they are changing their through the implementation of an off- Timeline, to change its Intraday nomination for the following gas day, setting reservation rate adjustment (Rate nomination procedures and to make FGT would have to send an unsolicited Zone One Reservation Rate Adjustment) minor changes in the organization of Quick Response, which is not currently of $1.6912 per dt for the initial two year this Tariff section. Specifically, FGT is possible.

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FGT states that the revisions proposed Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC herein will make FGT’s Intraday 888 First Street, NE, Washington, DC 20426, in accordance with Sections nomination procedures conform with 20426, in accordance with sections 385.214 or 385.211 of the Commission’s what has become standard industry 385.214 or 385.211 of the Commission’s Rules and Regulations. All such motions practice. FGT believes that the proposed Rules and Regulations, All such motions or protests must be filed in accordance changes will alleviate confusion or protests must be filed in accordance with Section 154.210 of the regarding FGT’s Intraday nomination with Section 154.210 of the Commission’s Regulations. Protests will procedures, while not negatively Commission’s Regulations. Protests will be considered by the Commission in impacting shippers’ ability to change be considered by the Commission in determining the appropriate action to be nominated quantities on FGT’s system. determining the appropriate action to be taken, but will not serve to make Any person desiring to be heard or to taken, but will not serve to make protestants parties to the proceedings. protest and filing should file a motion protestants parties to the proceedings. Any person wishing to become a party to intervene or a protest with the Any person wishing to become a party must file a motion to intervene. Copies Federal Energy Regulatory Commission, must file a motion to intervene. Copies of this filing are on file with the 888 First Street, NE, Washington, DC of this filing are on file with the Commission and are available for public 20426, in accordance with sections Commission and are available for public inspection in the Public Reference 385.214 or 385.211 of the Commission’s inspection in the public Reference Room. This filing may be viewed on the rules and regulations. All such motions Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/ or protests must be filed in accordance web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222 for with section 154.210 of the rims.htm (call 202–208–2222 for assistance). Commission’s regulations. Protests will assistance). Linwood A. Watson, Jr., be considered by the Commission in Linwood A. Watson, Jr., Acting Secretary. determining the appropriate action to be Acting Secretary. [FR Doc. 99–16429 Filed 10–8–99; 8:45 am] taken, but will not serve to make [FR Doc. 99–26428 Filed 10–8–99; 8:45 am] BILLING CODE 6717±01±M protestants parties to the proceedings. BILLING CODE 6717±01±M Any person wishing to become a party must file a motion to intervene. Copies DEPARTMENT OF ENERGY of this filing are on file with the DEPARTMENT OF ENERGY Commission and are available for public Federal Energy Regulatory inspection in the Public Reference Federal Energy Regulatory Commission Room. This filing may be viewed on the Commission [Docket No. TM00±1±110±000] web at http://www.ferc.fed.us/rims.htm (call 202–208–2222 for assistance). [Docket No. RP00±4±000] Iroquois Gas Transmission System, Linwood A. Watson, Jr., Garden Banks Gas Pipeline, LLC; L.P.; Notice of Proposed Changes In Acting Secretary. Notice of Proposed Changes in FERC FERC Gas Tariff [FR Doc. 99–26442 Filed 10–8–99; 8:45 am] Gas Tariff October 5, 1999. BILLING CODE 6717±01±M October 5, 1999. Take notice that on September 30, 1999, Iroquois Gas Transmission Take notice that on October 1, 1999, System, L.P. (Iroquois) tendered for Garden Banks Pipeline, LLC (GBGP) DEPARTMENT OF ENERGY filing to become part of its FERC Gas tendered for filing as part of its FERC Tariff, First Revised Volume No. 1, Federal Energy Regulatory Gas Tariff, Original Volume No. 1, the Twenty-Fourth Revised Sheet No. 4. Commission following tariff sheets to become The proposed effective date of this effective November 1, 1999: [Docket No. RP00±3±000] revised tariff sheet is November 1, 1999. First Revised Sheet No. 132 Iroquois states that pursuant to Part Garden Banks Gas Pipeline, LLC; First Revised Sheet No. 304 154 of the Commission’s regulations and Notice of Proposed Changes in FERC First Revised Sheet No. 305 Section 12.3 of the General Terms and Gas Tariff Second Revised Sheet No. 306 Conditions of its tariff, it is filing First Revised Sheet No. 307 Twenty-Fourth Revised Sheet No. 4 and October 5, 1999. First Revised Sheet No. 308 supporting workpapers as part of its Take notice that on October 1, 1999, GBGP states that the purpose of this annual update of its Deferred Asset Garden Banks Gas Pipeline, LLC (GBGP) filing is to remove the tariff language Surcharge to reflect the annual revenue tendered for filing as part of its FERC regarding the existing Form of Natural requirement associated with its Deferred Gas Tariff, Original Volume No. 1, the Gas Liquids Bank (NGL Bank) Asset for the amortization period following tariff sheets to become Agreement and implement an commencing November 1, 1999. effective November 1, 1999. alternative NGI Bank structure whereby Iroquois states that the revised tariff First Revised Sheet No. 23, GBGP’s shippers will contract with a sheet reflects a decrease of $.0001 per Original Sheet No. 23A thirty party administrator of the NGL Dth in Iroquois effective Deferred Asset Original Sheet No. 23B Bank, all as more fully set forth in the Surcharge for Zone 1 of $.0001 per Dth GBGP states that the purpose of this application. GBGP will not be a party to (from $.0008 to $.0007 per Dth), a filing is to clarify the tariff language the new NGL Bank agreement. decrease of 4.0001 per Dth in Iroquois regarding the operation of the Revenue Therefore, the existing Form of NGL effective Deferred Asset Surcharge for Bank under Section 5.2 of Rate Bank Agreement is being removed from Zone 2 of $.0001 per Dth (from $.0006 Schedule FT–2 all as more fully set GBGP’s tariff structure by this filing. to $.0005 per Dth) and a decrease in the forth in the application. Any person desiring to be heard or to Inter-Zone surcharge of $.0002 per Dth Any person desiring to be heard or to protest said filing should file a motion (from $.0014 to $.0012 per Dth). protest said filing should file a motion to intervene or a protest with the Iroquois states that copies of its filing to intervene or a protest with the Federal Energy Regulatory Commission, were served on all jurisdictional

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All such motions and 20426, in accordance with Sections Rules and Regulations. All such motions protests should be filed on or before 385.214 or 385.211 of the Commission’s or protests must be filed in accordance October 14, 1999. Protests will be Rules and Regulations. All such motions with Section 154.210 of the considered by the Commission to or protests must be filed in accordance Commission’s Regulations. Protests will determine the appropriate action to be with Section 154.210 of the be considered by the Commission in taken, but will not serve to make Commission’s Regulations. Protests will determining the appropriate action to be protestants parties to the proceedings. be considered by the Commission in taken, but will not serve to make Any person wishing to become a party determining the appropriate action to be protestants parties to the proceedings. must file a motion to intervene. Copies taken, but will not serve to make Any person wishing to become a party of this filing are on file with the protestants parties to the proceedings. must file a motion to intervene. Copies Commission and are available for public Any person wishing to become a party of this filing are on file with the inspection. This filing may also be must file a motion to intervene. Copies Commission and are available for public viewed on the Internet at http:// of this filing are on file with the inspection in the Public Reference www.ferc.fed.us/online/rims.htm (call Commission and are available for public Room. This filing may be viewed on the 202–208–2222 for assistance). inspection in the Public Reference web at http://www.ferc.fed.us/online/ Linwood A. Watson, Jr., Room. This filing may be viewed on the rims.htm (call 202–208–2222 for Acting Secretary. assistance). web at http://www.ferc.fed.us/online/ [FR Doc. 99–26447 Filed 10–8–99; 8:45 am] Linwood A. Watson, Jr., rims.htm (call 202–208–2222 for BILLING CODE 6717±01±M assistance). Acting Secretary. Linwood A. Watson, Jr., [FR Doc. 99–26457 Filed 10–8–99; 8:45 am] Acting Secretary. BILLING CODE 6717±01±M DEPARTMENT OF ENERGY [FR Doc. 99–26456 Filed 10–8–99; 8:45 am] Federal Energy Regulatory BILLING CODE 6717±01±M DEPARTMENT OF ENERGY Commission Federal Energy Regulatory [Docket No. TM00±1±25±000] DEPARTMENT OF ENERGY Commission Mississippi River Transmission Federal Energy Regulatory [Docket No. ER99±4519±000] Corporation; Notice of Tariff Filing Commission MidAmerican Energy Company; Notice October 5, 1999. [Docket No. TM00±2±110±000] of Filing Take notice that on October 1, 1999, Mississippi River Transmission Iroquois Gas Transmission System, September 30, 1999. Corporation (MRT) tendered for filing as L.P.; Notice of Proposed Changes in Take notice that on September 24, part of its Gas Tariff, Third Revised FERC Gas Tariff 1999, MidAmerican Energy Company Volume No. 1, the tariff sheets listed (MidAmerican), 666 Grand Avenue, Des below to the effective November 1, October 5, 1999. Moines, Iowa 50303 tendered for filing 1999. Take notice that on September 30, a proposed rate schedule change to its 1999, Iroquois Gas Transmission Open Access Transmission Tariff Thirty Fourth Revised Sheet No. 5 System, L.P., (Iroquois) tendered for (OATT). The change consists of the Thirty Fourth Revised Sheet No. 6 proposed addition of Schedule 4A— Thirty First Revised Sheet No. 7 filing as part of its FERC Gas Tariff, First Eleventh Revised Sheet No. 8 Revised Volume No. 1, the following Illinois Retail Energy Imbalance Service tariff sheet, with an effective date of and is filed pursuant to an order of the MRT states that the purpose of this November 1, 1999: Illinois Commerce Commission (Illinois filing is to adjust the Fuel Use and Loss Percentages under its Rate Schedules Twenty-fifth Revised Sheet No. 4 Commission). MidAmerican proposes that the rate FTS, SCT, ITS, FSS and ISS pursuant to Iroquois states that it is filing Twenty- schedule change become effective on Section 22 of the General Terms and fifth Revised Sheet No. 4 and supporting October 1, 1999. Accordingly, Conditions of its FERC Gas Tariff, Third workpaper as part of its annual MidAmerican has requested a waiver of Revised Volume No. 1. Transportation Cost Rate Adjustment the 60-day notice provisions of the MRT states that a copy of this filing filing to reflect changes in Account No. Federal Power Act. is being mailed to each of MRT’s 858 costs for the twelve month period A copy of the proposed rate schedule customers and to the state commissions commencing November 1, 1999. change has been mailed to all of Arkansas, Illinois, and Missouri. According to Iroquois, the revised tariff Transmission Customers having service Any person desiring to be heard or to sheet reflects reduced rates which will agreements under the OATT, the Iowa protest said filing should file a motion be charged by Tennessee Gas Pipeline Utilities Board, the Illinois Commission, to intervene or a protest with the Company commencing November 1, the South Dakota Public Service Federal Energy Regulatory Commission, 1999. Commission and all parties to Illinois 888 First Street, NE, Washington, DC Iroquois states that copies of its filing Commission Docket Nos. 99–0122/99– 20426, in accordance with sections were served on all jurisdictional 0130. 385.214 or 385.211 of the Commission’s customers and interested state Any person desiring to be heard or to Rules and Regulations. All such motions commissions. protest such filing should file a motion or protests must be filed in accordance

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.113 pfrm04 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55269 with section 154.210 of the Any person wishing to become a party be considered by the Commission in Commission’s Regulations. Protests will must file a motion to intervene. Copies determining the appropriate action to be be considered by the Commission in of this filing are on file with the taken, but will not serve to make determining the appropriate action to be Commission and are available for public protestants parties to the proceedings. taken, but will not serve to make inspection in the Public Reference Any person wishing to become a party protestants parties to the proceedings. Room. This filing may be viewed on the must file a motion to intervene. Copies Any person wishing to become a party web at http://www.ferc.fed.us/online/ of this filing are on file with the must file a motion to intervene. Copies rims.htm (call 202–208–2222 for Commission and are available for public of this filing are on file with the assistance). inspection in the Public Reference Commission and are available for public Linwood A. Watson Jr., Room. This filing may be viewed on the inspection in the Public Reference Acting Secretary. web at http://www.ferc.fed.us/online/ Room. This filing may be viewed on the [FR Doc. 99–26450 Filed 10–8–99; 8:45 am] rims.htm (call 202–208–2222 for web at http://www.ferc.fed.us/online/ assistance). BILLING CODE 6717±01±M rims.htm (call 202–208–2222 for Linwood A. Watson, Jr. assistance). Acting Secretary. Linwood A. Watson, Jr., DEPARTMENT OF ENERGY [FR Doc. 99–26458 Filed 10–8–99; 8:45 am] Acting Secretary. BILLING CODE 6717±01±M [FR Doc. 99–26452 Filed 10–8–99; 8:45 am] Federal Energy Regulatory BILLING CODE 6717±01±M Commission [Docket No. TM00±2±16±000] DEPARTMENT OF ENERGY

DEPARTMENT OF ENERGY National Fuel Gas Supply Corporation; Federal Energy Regulatory Notice of Tariff Filing Commission Federal Energy Regulatory [Docket No. CP99±631±000] Commission October 5, 1999. Take notice that on September 30, [Docket No. TM00±1±16±000] Northern Natural Gas Company; Notice 1999, National Fuel Gas Supply of Application National Fuel Gas Supply Corporation; Corporation (National) tendered for Notice of Proposed Changes in FERC filing as part of its FERC Gas Tariff, October 5, 1999. Gas Tariff Fourth Revised Volume No. 1, the Take notice that on September 30, following tariff sheet to become effective 1999, Northern Natural Gas Company October 5, 1999. October 1, 1999. (Northern), P.O. Box 3330, Omaha, Take notice that on September 30, Nebraska 68103–0330, filed in Docket Eighteenth Revised Sheet No. 9 1999, National Fuel Gas Supply No. CP99–631–000 an application Corporation (National) tendered for National asserts that the purpose of pursuant to Section 7(b) of the Natural filing as part of its FERC Gas Tariff, this filing is to comply with the Gas Act for permission and approval to Fourth Revised Volume No. 1, Eleventh Commission’s order issued February 16, abandon services under individually Revised Sheet No. 8, to become effective 1996, in Docket Nos. RP94–367–000, et certificated agreements, all as more fully November 1, 1999. al. Under Article I, section 4, of the set forth in the application which is on National states that this filing reflects settlement approved in that order, file with the Commission and open to an adjustment to the reservation National must redetermine quarterly the public inspection. This filing may be component of the EFT rate pursuant to Amortization Surcharge to reflect viewed on the web at http:// the Transportation and Storage Cost revisions in the Plant to be Amortized, www.ferc.fed.us/online/rims.htm (call Adjustment (TSCA) provision set forth interest and associated taxes, and a 202–208–2222 for assistance). in Section 23 of the General Terms and change in the determinants. The Nothern proposes to abandon service Conditions of National’s FERC Gas recalculation produced an Amortization under Rate Schedules ES–1 to Southern Tariff. Surcharge of 8.83 cents per dth. Union Gas Company (Southern Union), National further states that copies of Further, National states that under T–31 to Shell Oil Company, X–62 to the this compliance filing were served upon Article II, Section 2, of the settlement, City of Iraan, X–89 to West Texas Gas, the Company’s jurisdictional customers it is required to recalculate the Inc., and X–112 to Southern Union, and the regulatory commissions of the maximum Interruptible Gathering (‘‘IG’’) contained in its respective FERC Gas States of New York, Ohio, Pennsylvania, rate monthly and to charge that rate on Tariff, Original Volume No. 2. Northern Delaware, Massachusetts, and New the first day of the following month if states that it is not currently providing Jersey. the result is an IG rate more than 2 cents any service under these agreements and Any person desiring to be heard or to above or below the IG rate as calculated does not propose to abandon any protest said filing should file a motion under Section 1 of Article II. The facilities pursuant to the instant to intervene or a protest with the recalculation produced an IG rate of 12 application. Federal Energy Regulatory Commission, cents per dth. Any person desiring to be heard or to 888 First Street, NE, Washington, DC Any person desiring to be heard or to make any protest with reference to said 20426, in accordance with sections protest said filing should file a motion Application should on or before October 385.214 or 385.211 of the Commission’s to intervene or a protest with the 21, 1999, file with the Federal Rules and Regulations. All such motions Federal Energy Regulatory Commission, Regulatory Commission, 888 First or protests must be filed in accordance 888 First Street, N.E., Washington, D.C. Street, N.E., Washington, D.C. 20426, a with section 154.210 of the 20426, in accordance with Sections motion to intervene or a protest in Commission’s Regulations. Protests will 385.214 or 385.211 of the Commission’s accordance with the requirements of the be considered by the Commission in Rules and Regulations. All such motions Commission’s Rules of Practice and determining the appropriate action to be or protests must be filed in accordance Procedure (18 CFR 385.211 or 18 CFR taken, but will not serve to make with section 154.210 of the 385.215) and the Regulations under the protestants parties to the proceedings. Commission’s regulations. Protests will Natural Gas Act (18 CFR 157.10). All

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.109 pfrm04 PsN: 12OCN1 55270 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices protests filed with the Commission will its customers and interested State Overthrust’s jurisdictional be considered by it in determining the Commissions. transportation revenues of appropriate action to be taken but will Any person desiring to protest this approximately $1.0 million over not serve to make the protestants parties filing should file a protest with the Overthrust’s currently effective rates to the proceeding. Any person wishing Federal Energy Regulatory Commission, approved by Commission order dated to become a party to a proceeding or to 888 First Street, NE, Washington, DC April 1, 1998, in Docket No. RP97–301. participate as a party in any hearing 20426, in accordance with section Overthrust states that the increase in therein must file a motion to intervene 385.211 of the Commission’s Rules and jurisdictional rates reflected in its filing in accordance with the Commission’s Regulations. All such protests must be is necessary to permit Overthrust the Rules. filed as provided in section 154.210 of opportunity to recover its revenue Take further notice that pursuant to the Commission’s Regulations. Protests requirements. Overthrust requests an the authority contained in and subject to will be considered by the Commission effective date of November 1, 1999, for the jurisdiction conferred upon the in determining the appropriate action to the tendered tariff sheets. Commission by Sections 7 and 15 of the be taken, but will not serve to make Overthrust further states that a copy Natural Gas Act and the Commission’s protestant parties to the proceedings. of this filing has been served upon Rules of Practice and Procedure, a Copies of this filing are on file with the Overthrust’s jurisdictional customers, hearing will be held without further Commission and are available for public the Wyoming Public Service notice before the Commission or its inspection in the Public Reference Commission, and the Utah Division of designee on this Application if no Room. This filing may be viewed on the Public Utilities. petition to intervene is filed within the web at http://www.ferc.fed.us/online/ Any person desiring to be heard or to time required herein, if the Commission rims.htm (call 202–208–2222 for protest said filing should file a motion on its own review of the matter finds assistance). to intervene or a protest with the Federal Energy Regulatory Commission, that a grant of the abandonment is Linwood A. Watson, Jr., required by the public convenience and 888 First Street, N.E., Washington, D.C. Acting Secretary. 20426, in accordance with Sections necessity. If a petition for leave to [FR Doc. 99–26440 Filed 10–8–99; 8:45 am] intervene is timely filed, or if the 385.214 or 385.211 of the Commission’s BILLING CODE 6717±01±M Commission, on its own motion believes Rules and Regulations. All such motions that a formal hearing is required, further or protests must be filed in accordance with Section 154.210 of the notice of such hearing will be duly DEPARTMENT OF ENERGY given. Commission’s Regulations. Protests will Under the procedure herein provided Federal Energy Regulatory be considered by the Commission in for, unless otherwise advised, it will be Commission determining the appropriate action to be unnecessary for Applicant to appear or taken, but will not serve to make [Docket No. RP00±2±000] be represented at the hearing. protestants parties to the proceedings. Linwood A. Watson, Jr., Any person wishing to become a party Overthrust Pipeline Company; Notice must file a motion to intervene. Copies Acting Secretary. of Tariff Filing of this filing are on file with the [FR Doc. 99–26437 Filed 10–8–99; 8:45 am] October 5, 1999. Commission and are available for public BILLING CODE 6717±01±M Take notice that on October 1, 1999, inspection in the Public Reference Overthrust Pipeline Company Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/ DEPARTMENT OF ENERGY (Overthrust) tendered for filing as part of its FERC Gas Tariff, Original Volume rims.htm (call 202–208–2222 for Federal Energy Regulatory No. 1 and First Revised Volume No. 1– assistance). Commission A, to be effective November 1, 1999. Linwood A. Watson, Jr., Overthrust states that this filing is a Acting Secretary. [Docket No. RP96±272±010] general rate case under Section 4(e) of [FR Doc. 99–26427 Filed 10–8–99; 8:45 am] Northern Natural Gas Company; Notice the Natural Gas Act and is filed in BILLING CODE 6717±01±M of Proposed Changes in FERC Gas compliance with the April 1, 1998, Tariff order in Docket No. RP97–301. The April 1, 1998, order required Overthrust DEPARTMENT OF ENERGY October 5, 1999. to file a general rate case under Section Take notice that on September 30, 4(e) of the Natural Gas Act by October Federal Energy Regulatory 1999, Northern Natural Gas Company 1, 1999. Overthrust tendered for filing Commission (Northern) tendered for filing to become and acceptance the following tariff [Docket No. TM00±1±28±000] part of Northern’s FERC Gas Tariff, Fifth sheets to its FERC Gas Tariff: Revised Volume No. 1, the following Panhandle Eastern Pipe Line Original Volume No. 1 tariff sheet, proposed to become Company; Notice of Proposed effective on October 1, 1999. Eighteenth Revised Sheet No. 6 Changes in FERC Gas Tariff First Revised Volume No. 1–A Fourth Revised Sheet No. 66 October 5, 1999. Northern states that the above sheet is Third Revised Sheet No. 4 Take notice that on October 1, 1999, being filed to implement a specific Sixth Revised Sheet No. 70 Panhandle Eastern Pipe Line Company negotiated rate transaction in Overthrust states that the rates it has (Panhandle) tendered for filing as part of accordance with the Commission’s proposed are based on the overall cost its FERC Gas Tariff, First Revised Policy Statement on Alternatives to of service for the base period consisting Volume No. 1, the tariff sheets listed on Traditional Cost-to-Service Ratemaking of the twelve months ended June 30, Appendix A to the filing, to become for Natural Gas Pipelines. 1999, adjusted for known and effective November 1, 1999. Northern further states that copies of measurable changes through March 31, Panhandle states that this filing is the filing have been mailed to each of 2000, which justifies an increase in made in accordance with Section 24

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(Fuel Reimbursement Adjustment) of tendered for filing as part of its FERC DEPARTMENT OF ENERGY the General Terms and Conditions in Gas Tariff, First Revised Volume No. 1– Panhandle’s FERC Gas Tariff, First A, the following sheets: Federal Energy Regulatory Commission Revised Volume No. 1. The revised tariff Original Sheet No. 16C sheets filed herewith reflect the Second Revised Sheet No. 32A [Docket No. RP00±8±000] following changes to Fuel Fifth Revised Sheet No. 33 Reimbursement Percentages: Fifth Revised Sheet No. 38 Reliant Energy Gas Transmission (1) a (0.49%) decrease in the Original Sheet No. 38A Company; Notice of Proposed Gathering Fuel Reimbursement Third Revised Sheet No. 41 Changes in FERC Gas Tariff Percentage; Original Sheet No. 41A (2) a (0.48%) decrease in the Field Twelfth Revised Sheet No. 51 October 5, 1999. Zone Fuel Reimbursement Percentage; Second Revised Sheet No. 54B Take notice that on October 1, 1999, (3) No change in the Market Zone Original Sheet No, 54C Reliant Energy Gas Transmission Fuel Reimbursement Percentage; Fifth Revised Sheet No. 68 Company (REGT) tendered for filing as (4) a (0.15%) decrease in the Injection Original Sheet No. 68A part of its FERC Gas Tariff, Fifth Revised and a (0.15%) decrease in the First Revised Sheet No. 81.01a Volume No.1 , the following tariff sheet Withdrawal Field Area Storage Fourth Revised Sheet No. 109 to become effective November 1, 1999: Fifth Revised Sheet No. 110 Reimbursement Percentages; and Original Sheet No. 349A (5) a (0.15%) decrease in the Injection Fourth Revised Sheet No. 127 and a (0.15%) decrease Withdrawal Third Revised Sheet No. 128 REGT states that this tariff sheet Market Area Storage Reimbursement Second Revised Sheet No. 130 would provide for generic types of Percentages. Third Revised Sheet No. 131 discounts that may be agreed to by Panhandle further states that copies of Second Revised Sheet No. 155 REGT and a shipper. this filing are being served on all Third Revised Sheet No. 170 Any person desiring to be heard or to affected customers and applicable state Second Revised Sheet No. 176 protest said filing should file a motion First Revised Sheet No. 182 regulatory agencies. to intervene or a protest with the Any person desiring to be heard or to PG&E GT–NW requests that the Federal Energy Regulatory Commission, protest said filing should file a motion above-referenced tariff sheets become 888 First Street, NE, Washington, DC to intervene or a protest with the effective October 30, 1999. 20426, in accordance with sections Federal Energy Regulatory Commission, 385.214 or 385.211 of the Commission’s 888 First Street, N.E., Washington, D.C. PG&E GT–NW asserts that the Rules and Regulations. All such motions 20426, in accordance with Sections purpose of this filing is to provide a or protests must be filed in accordance 385.214 or 385.211 of the Commission’s mechanism for PG&E GT–NW to offer with section 154.210 of the Rules and Regulations. All such motions open access service at negotiated rates Commission’s Regulations. Protests will or protest must be filed in accordance or under a negotiated rate formula. be considered by the Commission in with Section 154.210 of the PG&E GT–NW further states that a determining the appropriate action to be Commission’s Regulations. Protest will copy of this filing has been served on taken, but will not serve to make be considered by the Commission in PG&E GT–NW’s jurisdictional protestants parties to the proceedings. determining the appropriate action to be customers and interested state Any person wishing to become a party taken, but will not serve to make regulatory agencies. must file a motion to intervene. Copies protestants parties to the proceedings. Any person desiring to be heard or to of this filing are on file with the Any person wishing to become a party protest said filing should file a motion Commission and are available for public must file a motion to intervene. Copies to intervene or a protest with the inspection in the Public Reference of this filing are on file with the Federal Energy Regulatory Commission, Room. This filing may be viewed on the Commission and are available for public 888 First Street, NE, Washington, DC web at http://www.ferc.fed.us/online/ inspection in the Public Reference 20426, in accordance with sections rims.htm (call 202–208–2222 for Room. This filing may be viewed on the 385.214 or 385.211 of the Commission’s assistance). web at http://www.ferc.fed.us/online/ rules and regulations. All such motions Linwood A. Watson, Jr., rims.htm (call 202–208–2222 for or protests must be filed in accordance Acting Secretary. assistance). with section 154.210 of the [FR Doc. 99–26433 Filed 10–8–99; 8:45 am] Linwood A. Watson, Jr., Commission’s regulations. Protests will BILLING CODE 6717±01±M Acting Secretary. be considered by the Commission in [FR Doc. 99–26453 Filed 10–8–99; 8:45 am] determining the appropriate action to be BILLING CODE 6717±01±M taken, but will not serve to make DEPARTMENT OF ENERGY protestants parties to the proceedings. Any person wishing to become a party Federal Energy Regulatory DEPARTMENT OF ENERGY must file a motion to intervene. Copies Commission of this filing are on file with the [Docket No. RP99±517±000] Federal Energy Regulatory Commission and are available for public Commission inspection in the Public Reference Southern Natural Gas Company; [Docket No. RP99±518±000] Room. This filing may be viewed on the Notice of Proposed Changes to FERC web at http://www.ferc.fed.us/online/ Gas Tariff PG&E Gas Transmission, Northwest rims.htm (call 202–208–2222 for October 5, 1999. Corporation; Notice of Tariff Filing assistance). Take notice that on September 30, October 5, 1999. Linwood A. Watson, Jr., 1999, Southern Natural Gas Company Take notice that on September 30, Acting Secretary. (Southern) tendered for filing as part of 1999, PG&E Gas Transmission, [FR Doc. 99–26445 Filed 10–8–99; 8:45 am] its FERC Gas Tariff, Seventh Revised Northwest Corporation (PG&E GT–NW) BILLING CODE 6717±01±M Volume No. 1, the following tariff sheets

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.110 pfrm04 PsN: 12OCN1 55272 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices with the proposed effective date of DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY October 1, 1999: Federal Energy Regulatory Federal Energy Regulatory Tariff Sheets Applicable to Contesting Commission Parties: Commission First Revised Forty Eighth Revised Sheet [Docket No. RP000±7±000] No. 14 [Docket No. TM00±1±106±000] First Revised Sixty Ninth Revised Sheet Texas Eastern Transmission Southwest Gas Storage Company; No. 15 Corporation; Notice of Limited Section Notice of Proposed Changes in FERC First Revised Forty Eighth Revised Sheet 4 Compliance Filing No. 16 Gas Tariff First Revised Sixty Ninth Revised Sheet October 5, 1999. October 5, 1999. No. 17 Take notice that on October 1, 1999, Tariff Sheets Applicable to Settling Parties: Take notice that on October 1, 1999, Texas Eastern Transmission Corporation First Revised Thirty Fourth Revised Sheet Southwest Gas Storage Company (Texas Eastern) tendered for filing as No. 14a (Southwest) tendered for filing as part of part of its FERC Gas Tariff, Sixth First Revised Fortieth Revised Sheet No. its FERC Gas Tariff, Original Volume Revised Volume No. 1 and Original 15a No. 1, the following revised tariff sheets Volume No. 2, the tariff sheets listed in First Revised Thirty Fourth Revised Sheet proposed to become effective November Appendix A to the filing, with a No. 16a 1, 1999: proposed effective date of November 1, First Revised Fortieth Revised Sheet No. Second Revised Sheet No. 4–A 1999, or such later date as the 17a Second Revised Sheet No. 4–B authorized facilities are placed in service. Southern submits the revised tariff Southwest states that this filing is Texas Eastern states that the filing is sheets to its FERC Gas Tariff, Seventh made in accordance with Section 6.14 submitted pursuant to the Commission’s Revised Volume No. 1, to reflect a (Fuel Reimbursement Adjustment) of Order Denying Rehearing and Granting change in its FT/FT–NN Southern Rate Schedules FSS and ISS in Clarification issued on June 2, 1999 Energy Cost Surcharge, due to an Southwest’s FERC Gas Tariff, Original (June 2 Order) in Docket No. CP97–774– increase in the FERC interest rate Volume No. 1. The Fuel Reimbursement 002 [87 FERC ¶ 61,273 (1999)] and as a effective October 1, 1999. Adjustment filed herewith reflects the limited application pursuant to section Southern states that copies of the following Fuel Reimbursement 4 of the Natural Gas Act, 15 U.S.C. filing were served upon all parties listed Percentages: (1) West Area Storage section 717c (1988), and the Rules and on the official service list compiled by Facilities Injection 1.36% and Regulations of the Commission the Secretary in these proceedings. Withdrawal 0.59%; and (2) East Area promulgated thereunder. Storage Facilities Injection 2.27% and Texas Eastern states that the purpose Any person desiring to be heard or to Withdrawal 1.07%. of the filing is to make a limited section protest said filing should file a motion Southwest further states that copies of 4 filing to reduce the storage cost credit to intervene or a protest with the mechanism currently included in Rate Federal Energy Regulatory Commission, this filing are being served on all affected customers and applicable state Schedules SS, SS–1 and X–28. In 888 First Street NE, Washington, DC regulatory agencies. addition, Texas Eastern states that the 20426, in accordance with sections filing includes revised Operational Flow Any person desiring to be heard or to 385.214 or 385.211 of the Commission’s Order (OFO) language to adjust the protest said filing should file a motion rules and regulations. All such motions triggers to certain of its OFOs. to intervene or a protest with the or protests must be filed in accordance Texas Eastern states that copies of the Federal Energy Regulatory Commission, with section 154.210 of the filing were mailed to all affected 888 First Street, NE, Washington, DC Commission’s regulations. Protests will customers and interested state 20426, in accordance with Sections be considered by the Commission in commissions. 385.214 or 385.211 of the Commission’s determining the appropriate action to be Any person desiring to be heard or to Rules and Regulations. All such motions taken, but will not serve to make protest said filing should file a motion or protests must be filed in accordance to intervene or a protest with the protestants parties to the proceedings. with Section 154.210 of the Federal Energy Regulatory Commission, Any person wishing to become a party Commission’s Regulations. Protests will 888 First Street, NE, Washington, DC must file a motion to intervene. Copies be considered by the Commission in 20426, in accordance with sections of this filing are on file with the determining the appropriate action to be 385.214 or 385.211 of the Commission’s Commission and are available for public taken, but will not serve to make rules and regulations. All such motions inspection in the Public Reference protestants parties to the proceedings. or protests must be filed in accordance Room. This filing may be viewed on the Any person wishing to become a party with section 154.210 of the web at http://www.ferc.fed.us/online/ must file a motion to intervene. Copies Commission’s regulations. Protests will rims.htm (call 202–208–2222) for of this filing are on file with the be considered by the Commission in assistance). Commission and are available for public determining the appropriate action to be inspection in the Public Reference Linwood A. Watson, Jr., taken, but will not serve to make Room. This filing may be viewed on the Acting Secretary. protestants parties to the proceedings. web at http://www.ferc.fed.us/online/ [FR Doc. 99–26444 Filed 10–8–99; 8:45 am] Any person wishing to become a party rims.htm (call 202–208–2222 for BILLING CODE 6717±01±M must file a motion to intervene. Copies assistance). of this filing are on file with the Linwood A. Watson, Jr., Commission and are available for public Acting Secretary. inspection in the Public Reference [FR Doc. 99–26455 Filed 10–8–99; 8:45 am] Room. This filing may be viewed on the BILLING CODE 6717±01±M web at http://www.ferc.fed.us/online/

VerDate 06-OCT-99 18:27 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm08 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55273 rims.htm (call 202–208–2222 for DEPARTMENT OF ENERGY (Transwestern), tendered for filing to assistance). become part of Transwestern’s FERC Linwood A. Watson, Jr., Federal Energy Regulatory Gas Tariff Second Revised Volume No. Commission Acting Secretary. 1, the following tariff sheet to be effective November 1, 1999: [FR Doc. 99–26432 Filed 10–8–99; 8:45 am] [Docket No. RP00±11±000] Seventh Revised Sheet No. 5B.03 BILLING CODE 6717±01±M Transwestern Pipeline Company; Notice of Proposed Changes in FERC Transwestern states that the filing is Gas Tariff being made to set forth the new TCR II DEPARTMENT OF ENERGY Reservation Surcharges that October 5, 1999. Transwestern proposes to put into effect Federal Energy Regulatory Take notice that on October 1, 1999, on November 1, 1999. Commission Transwestern Pipeline Company Transwestern states that copies of the (Transwestern), tendered for filing to filing were served upon Transwestern’s [Docket No. RS92±11±027] become part of Transwestern’s FERC customers and interested State Gas Tariff, Second Revised Volume No. Commissions. Texas Eastern Transmission 1, the following tariff sheet proposed to Any person desiring to be heard or to Corporation; Notice of Compliance become effective on November 1, 1999: protest said filing should file a motion Filing to intervene or a protest with the Tenth Revised Sheet No. 5B.02 Federal Energy Regulatory Commission, October 5, 1999. Transwestern states that the purpose 888 First Street, N.E., Washington, D.C. Take notice that on September 30, of this filing is to set forth the factors 20426, in accordance with Sections 1999, Texas Eastern Transmission and calculations used in determining 385.214 or 385.211 of the Commission’s Corporation (Texas Eastern) tendered for the adjustments to the SBRs and to Rules and Regulations. All such motions filing the following ‘‘pro forma’’ tariff revise the SBRs to be effective or protests must be filed in accordance sheet and an explanatory statement November 1, 1999. with Section 154.210 of the constituting a proposal for a curtailment Any person desiring to be heard or to Commission’s Regulations. Protests will compensation provision to be included protest said filing should file a motion be considered by the Commission in to intervene or a protest with the in Texas Eastern’s FERC Gas Tariff, determining the appropriate action to be Federal Energy Regulatory Commission, Sixth Revised Volume No. 1: taken, but will not serve to make 888 First Street, N.E., Washington, D.C. protestants parties to the proceedings. Pro Forma Sheet No. 495 20426, in accordance with Sections Any person wishing to become a party 385.214 or 385.211 of the Commission’s Texas Eastern states that it is not must file a motion to intervene. Copies Rules and Regulations. All such motions of this filing are on file with the advocating adoption of this proposal as or protests must be filed in accordance its primary position, rather the sole Commission and are available for public with Section 154.210 of the inspection in the Public Reference purpose of this filing is to comply with Commission’s Regulations. Protests will the Commission’s Order on Remand, Room. This filing may be viewed on the be considered by the Commission in web at http://www.ferc.fed.us/online/ issued July 16, 1999, in Docket No. determining the appropriate action to be RS92–11–024 [88 FERC 61,082 (1999)]. rims.htm (call 202–208–2222 for taken, but will not serve to make assistance). Texas Eastern states that copies of its protestants parties to the proceedings. Linwood A. Watson, Jr., filing have been mailed to all affected Any person wishing to become a party Acting Secretary. customers and interested state must file a motion to intervene. Copies commissions. of this filing are on file with the [FR Doc. 99–26448 Filed 10–8–99; 8:45 am] BILLING CODE 6717±01±M Any person desiring to protest this Commission and are available for public filing should file a protest with the inspection in the Public Reference Room. This filing may be viewed on the Federal Energy Regulatory Commission, DEPARTMENT OF ENERGY 888 First Street, N.E., Washington, D.C. web at http://www.ferc.fed.us/online/ 20426, in accordance with Section rims.htm (call 202–208–2222 for Federal Energy Regulatory 385.211 of the Commission’s Rules and assistance). Commission Regulations. All such protests must be Linwood A. Watson, Jr., [Docket No. TM00±1±30±000] filed as provided in Section 154.210 of Acting Secretary. the Commission’s Regulations. Protests [FR Doc. 99–26436 Filed 10–8–99; 8:45 am] Trunkline Gas Company; Notice of will be considered by the Commission BILLING CODE 6717±01±M Proposed Changes in FERC Gas Tariff in determining the appropriate action to be taken, but will not serve to make October 5, 1999. protestants parties to the proceedings. DEPARTMENT OF ENERGY Take notice that on October 1, 1999, Copies of this filing are on file with the Trunkline Gas Company (Trunkline) Commission and are available for public Federal Energy Regulatory tendered for filing as part of its FERC inspection in the Public Reference Commission Gas Tariff, First Revised Volume No. 1, Room. This filing may be viewed on the [Docket No. RP00±12±000] the following tariff sheets, to become web at http://www.ferc.fed.us/online/ effective November 1, 1999: rims.htm (call 202–208–2222 for Transwestern Pipeline Company; Thirty-First Revised Sheet No. 6 assistance). Notice of Proposed Changes to FERC Thirtieth Revised Sheet No. 7 Linwood A. Watson, Jr., Gas Tariff Thirty-First Revised Sheet No. 8 Thirty-First Revised Sheet No. 9 Acting Secretary. October 5, 1999. Thirteenth Revised Sheet No. 9A [FR Doc. 99–26449 Filed 10–8–99; 8:45 am] Take notice that on October 1, 1999, Third Revised Sheet No. 9B BILLING CODE 6717±01±M Transwestern Pipeline Company Thirtieth Revised Sheet No. 10

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Sixteenth Revised Sheet No. 10A Revised Sheet No. 358A. The proposed Odessa-Ector Power is a Delaware Trunkline states that this filing is effective date of the above-referenced limited partnership, which will being made in accordance with Section tariff sheet is September 30, 1999. construct, own and operate a 1000 MW 22 (Fuel Reimbursement Adjustment of Williston Basin states that as a July natural gas-fired generating facility Trunkline’s FERC Gas Tariff, First 31, 1999 it had a zero balance in FERC within the region governed by the Revised Volume No. 1. The revised tariff Account No. 191. As a result, Williston Electric Reliability Council of Texas sheets listed on Appendix A to the Basin will neither refund nor bill its (ERCOT) and sell electricity at filing, reflect: a 0.46% increase (Field former sales customers for any amount wholesale. Zone to Zone 2), a 0.46% increase (Zone under the conditions of Section No. Comment date: October 25, 1999, in 1A to Zone 2), a 0.28% increase (Zone 39.3.1 of its FERC Gas Tariff. accordance with Standard Paragraph E 1B to Zone 2), a 0.13% increase (Zone Any person desiring to be heard or to at the end of this notice. The 2 only), a 0.52% increase (Field Zone to protest said filing should file a motion Commission will limit its consideration Zone 1B), a 0.52% increase (Zone 1A to to intervene or a protest with the of comments to those that concern the Zone 1B), a 0.34% increase (Zone 1B Federal Energy Regulatory Commission, adequacy or accuracy of the application. 888 First Street, NE, Washington, DC only), a 0.37% increase (Field Zone to 2. DPL Energy Zone 1A), a 0.37% increase (Zone 1A 20426, in accordance with sections only) and a 0.19% increase (Field Zone 385.214 or 385.211 of the Commission’s [Docket No. ER96–2601–013] only) to the currently effective fuel Rules and Regulations. All such motions Take notice that on September 28, reimbursement percentages. or protests must be filed in accordance 1999, DPL Energy tendered for filing an Trunkline states that copies of this with section 154.210 of the updated generation market power filing are being served on all affected Commission’s Regulations. Protests will analysis. shippers and interested state regulatory be considered by the Commission in Comment date: October 18, 1999, in agencies. determining the appropriate action to be accordance with Standard Paragraph E Any person desiring to be heard or to taken, but will not serve to make at the end of this notice. protestants parties to be proceedings. protest said filing should file a motion 3. Kamps Propane, Inc. to intervene or a protest with the Any person wishing to become a party Federal Energy Regulatory Commission, must file a motion to intervene. Copies [Docket No. ER98–1148–004] 888 First Street NE, Washington, DC of this filing are on file with the Take notice that on September 27, 20426, in accordance with Sections Commission and are available for public 1999, Kamps Propane, Inc. filed its 385.214 or 385.211 of the Commission’s inspection in the Public Reference quarterly report for the quarter ending Rules and Regulations. All such motions Room. This filing may be viewed on the June 30, 1999, for information only. or protests must be filed in accordance web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222 for 4. California Independent System with Section 154.210 of the Operator Corporation Commission’s Regulations. Protests will assistance). be considered by the Commission in Linwood A. Watson, Jr., [Docket No. ER99–3289–002] determining the appropriate action to be Acting Secretary. Take notice that on September 27, taken, but will not serve to make [FR Doc. 99–26443 Filed 10–8–99; 8:45 am] 1999, the California Independent protestants parties to the proceedings. BILLING CODE 6717±01±M System Operator Corporation (ISO), Any person wishing to become a party tendered for filing a Notice of must file a motion to intervene. Copies Implementation which was sent to of this filing are on file with the DEPARTMENT OF ENERGY Market Participants and posted on the Commission and are available for public ISO Home Page on September 24, 1999. inspection in the Public Reference Federal Energy Regulatory The Notice of Implementation specifies Room. This filing may be viewed on the Commission that the software modifications required to implement the portions of web at http://www.ferc.fed.us/online/ [Docket No. EG99±242±000, et al.] rims.htm (call 202–208–2222) for Amendment No. 17 to the ISO Tariff assistance). Odessa-Ector Power Partners, L.P., et relating to changes to the Payment Linwood A. Watson, Jr., al.; Electric Rate and Corporate Calendar, except for the software Acting Secretary. Regulation Filings changes related to the ISO’s Meter Data [FR Doc. 99–26454 Filed 10–8–99; 8:45 am] Acquisition System, are ready for October 4, 1999. implementation. The Notice of BILLING CODE 6717±01±M Take notice that the following filings Implementation specifies that all have been made with the Commission: changes to the Payment Calendar except DEPARTMENT OF ENERGY 1. Odessa-Ector Power Partners, L.P. for those related to the submission of meter data will become effective as of Federal Energy Regulatory [Docket No. EG99–242–000] October 1, 1999. Commission Take notice that on September 30, The ISO states that this filing has been 1999, Odessa-Ector Power Partners, L.P. served on all parties listed on the [Docket No. RP99±516±00] (Odessa-Ector Power), with its principal official service list in the above- Williston Basin Interstate Pipeline offices at 4100 Spring Valley Road, referenced docket. Company; Notice of Annual Report Suite 1001, Dallas, Texas 75244, filed Comment date: October 15, 1999, in with the Federal Energy Regulatory accordance with Standard Paragraph E October 5, 1999. Commission, an application for at the end of this notice. Take notice that on September 30, determination of exempt wholesale 5. SOWEGA Power LLC 1999, Williston Basin Interstate Pipeline generator status pursuant to Section 32 Company (Williston Basin), tendered for of the Public Utility Holding Company [Docket No. ER99–3427–000] filing as part of its FERC Gas Tariff, Act of 1935, as amended, and Part 365 Take notice that on September 28, Second Revised Volume No. 1, Sixth of the Commission’s regulations. 1999, SOWEGA Power LLC amended its

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.111 pfrm04 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55275 application in response to Commission Comment date: October 18, 1999, in filing an executed service agreement concerns expressed in the above- accordance with Standard Paragraph E between COC and Koch Energy Trading, captioned docket in which SOWEGA at the end of this notice. Inc. (KET), replacing the unexecuted has requested blanket approval to make service agreement filed on November 9. New England Power Pool sales at market-based rates from its two 28, 1997 under Docket No. ER98–847– generators located in southwestern [Docket No. ER99–4531–000] 000 per COC FERC Electric Power Sales Georgia and waiver of certain of the Take notice that on September 27, Tariff, Original Volume No. 4, which Commission’s regulations. 1999, the New England Power Pool has been replaced by the COC FERC Comment date: October 18, 1999, in (NEPOOL) Participants Committee Electric Market-Based Power Sales accordance with Standard Paragraph E (NPC) and Transmission Owners Tariff, Original Volume No. 7–MB. at the end of this notice. tendered for filing the Forty-Fifth Cinergy is requesting an effective date 6. Wisconsin Public Service Agreement Amending New England of one day after this filing. Corporation; Wisconsin Public Service Power Pool Agreement (the Forty-Fifth Comment date: October 15, 1999, in Corporation and Upper Peninsula Agreement) and additional materials, accordance with Standard Paragraph E Power Company including certain non-substantive at the end of this notice. technical corrections to Attachment G of [Docket Nos. ER99–3980–000 and ER99– the NEPOOL Tariff, required to effect 12. Central Maine Power Company 3981–000] compliance with the Commission’s July [Docket No. ER99–4534–000] Take notice that on September 28, 30, 1999 order, New England Power Take notice that on September 27, 1999, Wisconsin Public Service Pool, 88 FERC ¶ 61,140. Corporation and Upper Peninsula Power The NPC and Transmission Owners 1999, Central Maine Power Company Company withdrew their filings in the state that copies of these materials were (CMP), tendered for filing modifications above-captioned proceedings. sent to all entities on the restricted to provisions and schedules in its open Comment date: October 18, 1999, in service list maintained by the Secretary access transmission tariff to comply accordance with Standard Paragraph E in Docket Nos. OA97–237–007, ER97– with the order issued by the Federal at the end of this notice. 1079–006, ER97–3574–005, OA97–608– Energy Regulatory Commission 7. AG-Energy, L.P.; Seneca Power 005, ER97–4421–005 and ER98–499– (Commission) on July 30, 1999, in New Partners, L.P.; Sterling Power Partners, 004, to the parties executing the April England Power Pool, 88 FERC ¶ 61,140 L.P.; Power City Partners, L.P. 5, 1999 settlement agreement in those (1999). In that order, the Commission approved the Comprehensive [Docket No. ER99–4443–000] dockets, to the NEPOOL Participants in accordance with NEPOOL procedures, Agreement Resolving All Issues Raised Take notice that on September 28, In This Proceeding Except For One Issue 1999, AG-Energy, L.P. (AG-Energy), and to the six New England state governors and regulatory Raised By Great Bay Power Company Seneca Power Partners, L.P. (Seneca (Agreement), filed by the New England Power Partners), Sterling Power commissioners. Comment date: October 15, 1999, in Power Pool (NEPOOL) on April 7, 1999, Partners, L.P. (Sterling Power Partners), in Docket Nos. OA97–237–000, ER97– and Power City Partners, L.P. (Power accordance with Standard Paragraph E at the end of this notice. 1079–000, ER97–3574–000, OA97–608– City Partners) (collectively, the 000, ER97–4421–000 and ER98–499– Applicants) submitted to the 10. South Carolina Electric & Gas 000. Commission for acceptance amended Company Comment date: October 15, 1999, in FERC Rate Schedules No. 2. In these [Docket No. ER99–4532–000] accordance with Standard Paragraph E amended rate schedules, Applicants at the end of this notice. request certain authority to make sales Take notice that on September 27, of specified ancillary services at market- 1999, South Carolina Electric & Gas 13. Vermont Electric Power Company Company (SCE&G), tendered for filing a based rates in the geographic region [Docket No. ER99–4535–000] encompassed by the New York service agreement establishing Dynegy Independent System Operator (NYISO), Power Marketing, Inc., as a customer Take notice that on September 27, request certain blanket authorizations under the terms of SCE&G’s Open 1999, Vermont Electric Power Company concerning the sale of additional Access Transmission Tariff. (VELCO), tendered for filing certain ancillary services in NYISO and SCE&G requests an effective date of modifications to provisions and ancillary services in other geographic one day subsequent to the filing of the schedules in its open access markets as the Commission may service agreement. Accordingly, SCE&G transmission tariff to comply with the authorize from time to time, and request requests waiver of the Commission’s order issued by the Federal Energy waiver of the Commission’s Regulations notice requirements. Regulatory Commission (Commission) consistent with those waivers granted to Copies of this filing were served upon on July 30, 1999, in New England Power entities with market-based rate Dynegy Power Marketing, Inc. and the Pool, 88 FERC ¶ 61,140 (1999). In that authority. South Carolina Public Service order, the Commission approved the Comment date: October 18, 1999, in Commission. Comprehensive Agreement Resolving accordance with Standard Paragraph E Comment date: October 15, 1999, in All Issues Raised In This Proceeding at the end of this notice. accordance with Standard Paragraph E Except For One Issue Raised By Great at the end of this notice. Bay Power Company (Agreement), filed 8. Montaup Electric Company by the New England Power Pool 11. Cinergy Services, Inc. [Docket No. ER99–4529–000] (NEPOOL) on April 7, 1999, in Docket Take notice that on September 28, [Docket No. ER99–4533–000] Nos. OA97–237–000, ER97–1079–000, 1999, Montaup Electric Company filed a Take notice that on September 27, ER97–3574–000, OA97–608–000, ER97– supplement to its September 24, 1999 1999, Cinergy Services, Inc., on behalf 4421–000 and ER98–499–000. amendment to its Open Access of its Operating Company affiliates, The Comment date: October 15, 1999, in Transmission Tariff, Original Volume Cincinnati Gas & Electric Company and accordance with Standard Paragraph E No. 7. PSI Energy, Inc. (COC), tendered for at the end of this notice.

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14. New England Power Pool Comment date: October 15, 1999, in Mexico Public Regulation Commission. [Docket No. ER99–4536–000] accordance with Standard Paragraph E PNM’s filing is available for inspection at the end of this notice. at its offices in Albuquerque, New Take notice that on September 27, Mexico. 16. Avista Corporation 1999, the New England Power Pool Comment date: October 15, 1999, in Participants Committee tendered for [Docket No. ER99–4538–000] accordance with Standard Paragraph E filing changes to Market Rules 6, 8 and Take notice that on September 27, at the end of this notice. 9. 1999, Avista Corporation (AVA), 19. New York State Electric & Gas Additionally, NEPOOL has requested tendered for filing with the Federal Corporation a waiver of the Commission’s notice Energy Regulatory Commission a requirements to permit the revisions to statement of initial actual construction [Docket No. ER99–4541–000] Market Rules 6, 8 and 9 to become costs pursuant to Rate Schedule FERC Take notice that on September 27, effective as of September 28, 1999. No. 247. 1999, New York State Electric & Gas The NEPOOL Participants Committee AVA requests an effective date of July Corporation (NYSEG), tendered for states that copies of these materials were 1, 1999. filing Service Agreements between sent to the New England state governors A copy of this filing has been served NYSEG and El Paso Power Services and and regulatory commissions and the upon the Public Utility District No. 1 of Allegheny Power (Customer). These Participants in the New England Power Pend Oreille County. Service Agreements specify that the Pool. Comment date: October 15, 1999, in Customer has agreed to the rates, terms Comment date: October 15, 1999, in accordance with Standard Paragraph E and conditions of the NYSEG open accordance with Standard Paragraph E at the end of this notice. access transmission tariff filed July 9, 1997 and effective on November 27, at the end of this notice. 17. Alliant Energy Corporate Services, 1997, in Docket No. ER97–2353–000. Inc. 15. Fitchburg Gas and Electric Light NYSEG requests waiver of the Company; Concord Electric Company; [Docket No. ER99–4539–000] Commission’s sixty-day notice Exeter & Hampton Electric Company Take notice that on September 27, requirements and an effective date of [Docket No. ER99–4537–000] 1999, Alliant Energy Corporate Services, September 1, 1999, for the Service Inc. tendered for filing executed Service Agreements. NYSEG has served copies Take notice that on September 27, Agreements for short-term firm point-to- of the filing on The New York State 1999, Fitchburg Gas and Electric Light point transmission service and non-firm Public Service Commission and on the Company, Concord Electric Company point-to-point transmission service, Customer. and Exeter & Hampton Electric establishing NewEnergy, Inc., as a point- Comment date: October 15, 1999, in Company (Companies), tendered for to-point Transmission Customer under accordance with Standard Paragraph E filing with the Federal Energy the terms of the Alliant Energy at the end of this notice. Regulatory Commission (Commission) Corporate Services, Inc., transmission 20. Boston Edison Company amendments to their respective Pro tariff. Forma Open Access Transmission Alliant Energy Corporate Services, [Docket No. ER99–4542–000] Tariffs. These changes are being made Inc., requests an effective date of Take notice that on September 27, so that the Companies’ Tariffs are September 13, 1999, and accordingly, 1999, Boston Edison Company tendered consistent with the Commission’s seeks waiver of the Commission’s notice for filing a notice of cancellation of requirements in the New England Power requirements. A copy of this filing has Service Agreement No. 45 under its Pool, FERC Docket Nos. OA97–237–000; been served upon the Illinois Commerce FERC Electric Tariff No. 8. Service ER97–1079–000; ER97–3574–000; Commission, the Minnesota Public Agreement No. 45 is a non-firm OA97–608–000; ER97–4421–000; and Utilities Commission, the Iowa transmission point-to-point ER98–499–000, Order 88 FERC ¶ 61,140 Department of Commerce, and the transmission contract with Duke Energy (1999), issued July 30, 1999. Fitchburg Public Service Commission of Trading and Marketing, L.L.C. (formerly Gas and Electric Light Company also Wisconsin. NP Energy, Inc). tendered for filing a Service Agreement Comment date: October 15, 1999, in Boston Edison requests waiver of the with Pinetree Power Fitchburg Inc. accordance with Standard Paragraph E Commission’s regulations to permit a A copy of this filing was served upon at the end of this notice. cancellation date of August 26, 1999. all parties listed on the official service Comment date: October 15, 1999, in 18. Public Service Company of New list in the respective Companies’ accordance with Standard Paragraph E Mexico original open access transmission tariff at the end of this notice. proceedings. Concord Electric Company [Docket No. ER99–4540–000] and Exeter & Hampton Electric 21. Alliant Energy Corporate Services, Take notice that on September 27, Inc. Company served a copy of the filing on 1999, Public Service Company of New the New Hampshire Public Utilities Mexico (PNM), tendered for filing, a [Docket No. ER99–4543–000] Commission. Fitchburg Gas and Electric Letter Agreement (dated September 22, Take notice that on September 27, Light Company served a copy on the 1999) between PNM and Plains Electric 1999, Alliant Energy Corporate Services, Massachusetts Department of Generation and Transmission Inc., tendered for filing an executed Telecommunications & Energy. Cooperative, Inc. (Plains) establishing Service Agreement for Network The Companies have requested a an additional point of receipt for Plains Integration Transmission Service and an waiver of the Commission’s regulations at PNM’s San Juan Generating Station executed Network Operating to permit an effective date of March 1, 345kV bus on a temporary basis under Agreement, establishing McGregor 1999, which would enable their changes Service Schedule G to the PNM/Plains Municipal Utilities as a Network to be effective on the same date as the Master Interconnection Agreement. Customer under the terms of the Alliant NEPOOL Settlement Agreement Copies of this filing have been Energy Corporate Services, Inc., open effective date. provided to Plains and to the New access transmission tariff.

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Alliant Energy Corporate Services, of ETC schedules, changes required to Copies of this filing were served upon Inc., also requests the cancellation of implement the creation of a new Sithe, GPU Energy, the Pennsylvania two prior network integration Congestion Management Zone, changes Public Utility Commission, and the New transmission service agreements and to allocate the costs of Reliability Must- Jersey Board of Public Utilities. associated network operating Run Units located outside the Service Comment date: October 18, 1999, in agreements for service to McGregor Area of a utility that is a party to the accordance with Standard Paragraph E Municipal Utilities. Transmission Control Agreement, at the end of this notice. Alliant Energy Corporate Services, various changes to enhance settlement 27. Kansas City Power & Light Inc., requests an effective date of and billing under the ISO Tariff that Company September 1, 1999, for the service were developed through the ISO’s provided to McGregor Municipal stakeholder ‘‘Settlement Improvement [Docket No. ER99–4549–000] Utilities. Alliant Energy Corporate Team,’’ and certain non-substantive Take notice that on September 28, Services, Inc., accordingly, seeks waiver changes to provisions of the ISO Tariff 1999, Kansas City Power & Light of the Commission’s notice related to Reliability Must-Run Company (KCPL) tendered for filing a requirements to permit the requested Contracts that the ISO had agreed to Service Agreement dated August 30, effective date. make in its Answer to comments on 1999, between KCPL and Reliant Energy A copy of this filing has been mailed Amendment No. 15 to the ISO Tariff. Services, Inc.. This agreement provides to the Illinois Commerce Commission, The ISO states that this filing has been for Market Based Sales Service. the Iowa Department of Commerce, the served upon the Public Utilities KCPL proposes an effective date of Minnesota Public Utilities Commission, Commission of California, the California August 30, 1999, and requests waiver of and the Public Service Commission of Energy Commission, the California the Commission’s notice requirement. Wisconsin. Electricity Oversight Board, and all Comment date: October 18, 1999, in Comment date: October 15, 1999, in parties with effective Scheduling accordance with Standard Paragraph E accordance with Standard Paragraph E Coordinator Service Agreements under at the end of this notice. at the end of this notice. the ISO Tariff. Comment date: October 15, 1999, in 28. Idaho Power Company 22. Cinergy Services, Inc. accordance with Standard Paragraph E [Docket No. ER99–4550–000] [Docket No. ER99–4544–000] at the end of this notice. Take notice that on September 28, Take notice that on September 27, 24. New England Power Company 1999, Idaho Power Company (IPC) 1999, Cinergy Services, Inc., on behalf tendered for filing with the Federal of its Operating Company affiliates, The [Docket No. ER99–4546–000] Energy Regulatory Commission Service Cincinnati Gas & Electric Company and Take notice that on September 27, Agreements for Non-Firm Point-to-Point PSI Energy, Inc. (COC), tendered for 1999, New England Power Company Transmission Service and Firm Point-to- filing an executed service agreement (NEP) tendered for filing a compliance Point Transmission Service between between COC and Koch Energy Trading, filing amending NEP’s open access Idaho Power Company and MIECO Inc. Inc. (KET), replacing the unexecuted transmission tariff, New England Power Idaho Power Company requests the service agreement filed on November Company, FERC Electric Tariff, Original Commission designate an effective date 28, 1997 under Docket No. ER98–847– Volume No. 9 (Tariff No. 9). This filing of September 20, 1999 and a rate 000 per COC FERC Electric Power Sales is being made to revise Tariff No. 9 to schedule number for these service Tariff, Original Volume No. 4, which reflect the changes made necessary by agreements. has been replaced by the COC FERC New England Power Pool’s Offer of Comment date: October 18, 1999, in Electric Cost-Based Power Sales Tariff, Settlement filed on April 7, 1999 in accordance with Standard Paragraph E Original Volume No. 6–CB. Docket Nos. OA97–237–000, et. al., at the end of this notice. Cinergy is requesting an effective date which was approved by the Commission 29. Southwest Power Pool, Inc. of one day after this filing. on July 30, 1999. Comment date: October 15, 1999, in Comment date: October 15, 1999, in [Docket No. ER99–4551–000] accordance with Standard Paragraph E accordance with Standard Paragraph E Take notice that on September 28, at the end of this notice. at the end of this notice. 1999, Southwest Power Pool, Inc. (SPP) tendered for filing executed service 23. California Independent System 25. New England Power Pool agreements for loss compensation firm Operator Corporation [Docket No. ER99–4547–000] service, and short-term and non-firm [Docket No. ER99–4545–000] Take notice that on September 27, point-to-point transmission service Take notice that on September 27, 1999, Northeast Utilities Service under the SPP Tariff with TXU Energy 1999, the California Independent Company (NUSCO), tendered for filing Trading Company (TXU). System Operator Corporation (ISO), a compliance report in compliance with SPP requests an effective date of tendered for filing a proposed the Commission’s order in New England September 16, 1999 for each of these amendment (Amendment No. 22) to the Power Pool, 88 FERC ¶ 61,140 (1999). agreements. ISO Tariff. Amendment No. 22 includes Comment date: October 15, 1999, in Copies of this filing were served upon proposed changes to the ISO Tariff accordance with Standard Paragraph E TXU. related to the implementation of Firm at the end of this notice. Comment date: October 18, 1999, in accordance with Standard Paragraph E Transmission Rights, including a 26. PJM Interconnection, L.L.C. requirement that FTR Holders provide at the end of this notice. [Docket No. ER99–4548–000] the ISO with information on affiliated 30. The United Illuminating Company California market participants to assist Take notice that on September 28, in the monitoring of the FTR market, 1999, PJM Interconnection, L.L.C. (PJM), [Docket No. ER99–4552–000] modifications to the Existing submitted for filing an interconnection Take notice that on September 28, Transmission Contract scheduling service agreement between PJM and 1999, The United Illuminating Company template that will provide for validation Sithe Power Marketing, L.P. (UI) tendered for filing proposed

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Agreement Resolving All Issues Raised Corporation Comment date: October 15, 1999, in In This Proceeding Except For One Issue accordance with Standard Paragraph E Raised by Great Bay Power Company’’ [Docket No. ER99–4555–000] at the end of this notice. filed on April 7, 1999 by the New Take notice that on September 28, England Power Pool in Docket Nos. 1999, Niagara Mohawk Power 35. Dayton Power and Light Company OA97-237–000, ER97–1079–000, ER97– Corporation (Niagara Mohawk) tendered [Docket No. ER99–4557–000] 3574–000, OA97–608–000, ER97–4421– for filing with the Federal Energy Take notice that on September 28, 000 and ER98-499–000, New England Regulatory Commission an executed, 1999, Dayton Power and Light (DP&L) Power Pool, 88 FERC ¶ 61,140 (1999). amended Transmission Service tendered for filing an updated Comment date: October 18, 1999, in Agreement between Niagara Mohawk generation market power analysis. accordance with Standard Paragraph E and the Power Authority of the State of Comment date: October 18, 1999, in at the end of this notice. New York (NYPA) to permit NYPA to accordance with Standard Paragraph E 31. Niagara Mohawk Power deliver power and energy from NYPA’s at the end of this notice. Corporation FitzPatrick Plant to a point where Niagara Mohawk’s transmission system 36. Virginia Electric and Power [Docket No. ER99–4553–000] connects to its retail distribution system Company Take notice that on September 28, West of Niagara Mohawk’s constrained [Docket No. ER99–4558–000] 1999, Niagara Mohawk Power Central-East Interface. This Transmission Service Agreement Take notice that on September 28, Corporation (Niagara Mohawk) tendered 1999, Virginia Electric and Power for filing with the Federal Energy specifies that NYPA has signed on to and has agreed to the terms and Company (Virginia Power) tendered for Regulatory Commission an executed, filing a Service Agreement for Firm amended Transmission Service conditions of Niagara Mohawk’s Open Access Transmission Tariff as filed in Point-to-Point Transmission Service Agreement between Niagara Mohawk with Sempra Energy Trading and the Power Authority of the State of Docket No. OA96–194–000. Niagara Mohawk requests an effective Corporation under the Company’s Open New York (NYPA) to permit NYPA to Access Transmission Tariff to Eligible deliver power and energy from NYPA’s date of September 1, 1999. Niagara Mohawk has requested waiver of the Purchasers dated July 14, 1997. Under FitzPatrick Plant, Bid Process Suppliers the tendered Service Agreement, and Substitute Suppliers to the points notice requirements for good cause shown. Virginia Power will provide firm point- where Niagara Mohawk’s transmission to-point service to the Transmission system connects to its retail distribution Niagara Mohawk has served copies of the filing upon New York Public Service Customer under the rates, terms and system East of Niagara Mohawk’s conditions of the Open Access constrained Central-East Interface. This Commission and NYPA. Comment date: October 18, 1999, in Transmission Tariff. Transmission Service Agreement Virginia Power requests an effective specifies that NYPA has signed on to accordance with Standard Paragraph E at the end of this notice. date of September 28, 1999, the date of and has agreed to the terms and filing of the Service Agreement. conditions of Niagara Mohawk’s Open 34. Niagara Mohawk Power Copies of the filing were served upon Access Transmission Tariff as filed in Corporation Sempra Energy Trading Corporation, the Docket No. OA96–194–000. Niagara Mohawk requests an effective [Docket No. ER99–4556–000] Virginia State Corporation Commission date of September 1, 1999. Niagara Take notice that on September 28, and the North Carolina Utilities Mohawk has requested waiver of the 1999, Niagara Mohawk Power Commission. notice requirements for good cause Corporation (Niagara Mohawk) tendered Comment date: October 18, 1999, in shown. for filing with the Federal Energy accordance with Standard Paragraph E Niagara Mohawk has served copies of Regulatory Commission an executed at the end of this notice. the filing upon New York Public Service Transmission Service Agreement 37. Blackstone Valley Electric Company Commission and NYPA. between Niagara Mohawk and the Comment date: October 18, 1999, in Power Authority of the State of New [Docket No. ER99–4559–000] accordance with Standard Paragraph E York (NYPA) to permit NYPA to deliver Take notice that on September 28, at the end of this notice. power and energy from NYPA’s Bid 1999 Blackstone Valley Electric Process Supplier to a point where Company (BVE) tendered for filing a 32. PacifiCorp Niagara Mohawk’s transmission system Related Transmission Facilities [Docket No. ER99–4554–000] connects to its retail distribution system Agreement (Agreement) between BVE Take notice that on September 28, West of Niagara Mohawk’s constrained and Lake Road Generating Company, 1999, PacifiCorp tendered for filing in Central-East Interface. This L.P. (Lake Road). The Agreement accordance with 18 CFR Part 35 of the Transmission Service Agreement establishes the requirements, terms and Commission’s Rules and Regulations, specifies that NYPA has signed on to conditions for BVE to complete the Power Sales Agreement with Hinson and has agreed to the terms and transmission upgrades that will enable Power Company under PacifiCorp’s conditions of Niagara Mohawk’s Open Lake Road to operate in parallel with FERC Electric Tariff, First Revised Access Transmission Tariff as filed in BVE’s electrical system. Volume No. 12. Docket No. OA96–194–000. Comment date: October 18, 1999, in Copies of this filing were supplied to Niagara Mohawk requests an effective accordance with Standard Paragraph E the Washington Utilities and date of September 1, 1999. Niagara at the end of this notice.

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38. Idaho Power Company 41. Northeast Utilities Service Company CILCO requested an effective date of [Docket No. ER99–4560–000] [Docket No. ER99–4563–000] September 1, 1999 for the new service agreements. Take notice that on September 28, Take notice that on September 29, Copies of the filing were served on the 1999, Idaho Power Company filed a 1999, Northeast Utilities Service affected customers and the Illinois service agreement for firm point-to- Company (NUSCO) tendered for filing, Commerce Commission. point transmission service to Arizona a Service Agreement to provide Non- Comment date: October 18, 1999, in Public Service Company under Idaho Firm Point-To-Point Transmission accordance with Standard Paragraph E Power Company’s transmission tariff. Service to Northeast Generation at the end of this notice. The service agreement is proposed to Company under the NU System become effective October 1, 1999. Companies’ Open Access Transmission 44. PECO Energy Company Comment date: October 18, 1999, in Service Tariff No. 9. [Docket No. ER99–4566–000] accordance with Standard Paragraph E NUSCO states that a copy of this filing Take notice that on September 29, at the end of this notice. has been mailed to Northeast Generation 1999, PECO Energy Company (PECO) Company. 39. American Electric Power Service filed under Section 205 of the Federal NUSCO requests that the Service Corporation Power Act, 16 U.S.C. S 792 et seq., a Agreement become effective December Transaction Letter dated September 27, [Docket No. ER99–4561–000] 1, 1999. 1999 with Horizon Energy Company d/ Take notice that on September 29, Comment date: October 18, 1999, in b/a Exelon Energy (EXELON) under 1999, the American Electric Power accordance with Standard Paragraph E PECO’s FERC Electric Tariff Original Service Corporation (AEPSC), tendered at the end of this notice. Volume No. 1 (Tariff). for filing an executed Firm Point-to- 42. Virginia Electric and Power PECO requests an effective date of Point Transmission Service Agreement Company October 1, 1999, for the Transaction for The Detroit Edison Company and an Letter. executed Network Integration [Docket No. ER99–4564–000] PECO states that copies of this filing Transmission Service Agreement for Take notice that on September 29, have been supplied to EXELON and to The City of Sturgis, Michigan. Both of 1999, Virginia Electric and Power the Pennsylvania Public Utility these agreements are pursuant to the Company (Virginia Power) tendered for Commission. AEP Companies’ Open Access filing an Assignment and Assumption Comment date: October 19, 1999, in Transmission Service Tariff (OATT). Agreement entered into by and among accordance with Standard Paragraph E The OATT has been designated as FERC Strategic Energy, Ltd. (Assignor), at the end of this notice. Electric Tariff Original Volume No. 4, Strategic Energy, LLC (Assignee) and 45. Southern Company Services, Inc. effective July 9, 1996. Virginia Electric and Power Company AEPSC requests waiver of notice to (Virginia Power). Under this [Docket No. ER99–4567–000] permit the Service Agreements to be assignment, the Assignor assigns to the Take notice that on September 29, made effective for service billed on and Assignee and the Assignee assumes all 1999, Southern Company Services, Inc. after September 1, 1999. of the Assignor’s rights and obligations (SCS), acting on behalf of Alabama A copy of the filing was served upon pertaining to its Service Agreement with Power Company (APCo), filed an the Parties and the state utility Virginia Power dated December 11, amendment to the Interconnection regulatory commissions of Indiana, 1997 and accepted by Letter Order of Agreement between Mobile Energy Kentucky, Michigan, Ohio, Tennessee, the Commission on February 27, 1998 Services, Company, L.L.C. and APCo Virginia and West Virginia. under Docket No. ER98–1333. (APCo Rate Schedule FERC No. 170) Comment date: October 19, 1999, in Virginia Power requests an effective (Agreement). The purpose of the accordance with Standard Paragraph E date of August 31, 1999, the date of the amendment is to extend the term of the at the end of this notice. Assignment and Assumption Agreement until December 31, 1999. Agreement. 40. PP&L, Inc. Comment date: October 19, 1999, in Copies of this filing were served upon accordance with Standard Paragraph E [Docket No. ER99–4562–000] Strategic Energy LLC, the Virginia State at the end of this notice. Take Notice that on September 29, Corporation Commission and the North 46. New England Power Company 1999, PP&L, Inc. (PP&L) filed a Service Carolina Utilities Commission. Agreement dated September 22, 1999, Comment date: October 19, 1999, in [Docket No. ER99–4568–000] with Worley and Obetz, Inc. d/b/a accordance with Standard Paragraph E Take notice that on September 29, Advanced Energy (Advanced Energy) at the end of this notice. 1999, New England Power Company under PP&L’s Market-Based Rate and 43. Central Illinois Light Company (NEP) tendered for filing with the Resale of Transmission Rights Tariff, Federal Energy Regulatory Commission: FERC Electric Tariff, Revised Volume [Docket No. ER99–4565–000] (1) a Stipulation and Agreement No. 5. The Service Agreement adds Take notice that on September 29, between NEP and Granite State Electric Advanced Energy as an eligible 1999, Central Illinois Light Company Company (Granite State), the New customer under the Tariff. (CILCO), 300 Liberty Street, Peoria, Hampshire Public Utilities Commission PP&L requests an effective date of Illinois 61202, tendered for filing with and the Governor’s Office of Energy and September 29, 1999 for the Service the Commission a substitute Index of Community Services (NH Agreement); Agreement. Customers under its Coordination Sales and PP&L states that copies of this filing Tariff and two service agreements with (2) a Stipulation and Agreement have been supplied to Advanced Energy two new customers, Allegheny Power between NEP and The Narragansett and to the Pennsylvania Public Utility Service Corporation and Southern Electric Company (Narragansett), the Commission. Illinois Power Cooperative and a name Rhode Island Public Utilities Comment date: October 19, 1999, in change for two customers now known as Commission and the Rhode Island accordance with Standard Paragraph E Dynegy Power Marketing, Inc. and New Division of Public Utilities and Carriers at the end of this notice. Energy, Inc. (RI Agreement).

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The NH Agreement and RI Agreement 50. Montaup Electric Company and www.ferc.fed.us/online/rims.htm (call resolve all issues presented by NEP’s Somerset Power, L.L.C. 202–208–2222 for assistance). ‘‘Reconciliation of Contract Termination [Docket No. ER99–4578–000] David P. Boergers, Charges’’ to Granite State and Secretary. Narragansett, respectively. Take notice that on September 29, [FR Doc. 99–26424 Filed 10–8–99; 8:45 am] Comment date: October 19, 1999, in 1999, Montaup Electric Company BILLING CODE 6717±01±P accordance with Standard Paragraph E (Montaup), tendered for filing the First at the end of this notice. Amendment to an Interconnection Agreement between Montaup and DEPARTMENT OF ENERGY 47. Tucson Electric Power Company Somerset Power, L.L.C. (Somerset). This [Docket No. ER99–4569–000] Amendment enables Somerset to test Federal Energy Regulatory Commission Take notice that on September 29, and maintain the metering equipment. 1999, Tucson Electric Power Company Comment date: October 18, 1999, in Notice of Application for Transfer of (TEP) tendered for filing one (1) service accordance with Standard Paragraph E License and Soliciting Comments, agreement for short-term firm point-to- at the end of this notice. Motions To Intervene, and Protests point transmission-term firm transmission service titled: ‘‘Service 51. Puget Sound Energy, Inc. October 5, 1999. Agreement for Short-Term Firm Point- [Docket No. ER99–4592–000] Take notice that the following to-Point Transmission Service with hydroelectric application has been filed Arizona Electric Power Cooperative, Take notice that on September 30, with the Commission and is available Inc.,’’ dated July 19, 1999. Service under 1999, Puget Sound Energy, Inc. tendered for public inspection: this agreement has not yet commenced. for filing with the Federal Energy a. Application Type: Transfer of Regulatory Commission, its quarterly Comment date: October 19, 1999, in License. report for the quarters ending March 31, accordance with Standard Paragraph E b. Project No: 2459–093. 1999 and June 30, 1999. at the end of this notice. c. Dated Filed: September 16, 1999. Comment date: October 20, 1999, in d. Applicants: West Penn Power 48. Commonwealth Atlantic Limited accordance with Standard Paragraph E Company, Energy Subsidiary, and Partnership at the end of this notice. Allegheny Energy Supply Company, [Docket No. ER99–4570–000] L.L.C. 52. Peter E. Meier, Nancy A. Manning e. Name and Location of Project: The Take notice that on September 29, [Docket Nos. ID–3237–002 and ID–3425–000] Lake Lynn Project is on the Cheat River 1999, Commonwealth Atlantic Limited in Monongalia County, West Virginia Partnership (CALP), owner of a 310 MW Take notice that on September 28, and Fayette County, Pennsylvania. The generating facility located in the City of 1999, the above named individuals filed project does not occupy federal or tribal Chesapeake, Virginia, petitioned the with the Federal Energy Regulatory lands. Commission for acceptance of a Commission an application for authority f. Filed Pursuant to: Federal Power Redetermination Agreement amending to hold interlocking positions in Logan Act, 16 U.S.C. 791(a)–825(r). the fuel compensation pricing Generating Company, L.P., with its g. Applicant Contacts: Ms. Ann M. provisions of its Power Purchase and principal place of business at 7500 Old Wohlgemuth, Allegheny Energy Service Operating Agreement with Virginia Georgetown Road, Bethesda, Maryland Corporation, 800 Cabin Drive, Electric and Power Company. 20814. Greensburg, PA 15601, (724) 838–5674, CALP requested waiver of the 60-day Comment date: October 28, 1999, in Mr. David C. Benson, Allegheny Energy notice requirement and an effective date accordance with Standard Paragraph E Supply, RR 12, Box 1000, Roseytown of October 1, 1999. at the end of this notice. Road, Greensburg, PA 15601, (724) 853– Comment date: October 18, 1999, in 3790, and Mr. John A. Whittaker, IV, accordance with Standard Paragraph E Standard Paragraphs Winston & Strawn, 1400 L Street, NW, at the end of this notice. Washington, DC 20005, (202) 371–5766. E. Any person desiring to be heard or h. FERC Contact: Any questions on 49. Arizona Public Service Company to protest such filing should file a this notice should be addressed to James [Docket No. ER99–4577–000] motion to intervene or protest with the Hunter at (202) 219–2839, or e-mail Federal Energy Regulatory Commission, address, [email protected]. Take notice that on September 28, 888 First Street, N.E., Washington, D.C. 1999, Arizona Public Service Company i. Deadline for filing comments and or 20426, in accordance with Rules 211 motions: November 15, 1999. (APS), tendered for filing revisions to its and 214 of the Commission’s Rules of Open Access Transmission Tariff All documents (original and eight Practice and Procedure (18 CFR 385.211 copies) should be filed with: David P. needed in order to accommodate retail and 385.214). All such motions or direct access being implemented by the Boergers, Secretary, Federal Energy protests should be filed on or before the Arizona Corporation Commission. Regulatory Commission, 888 First comment date. Protests will be Street, NE, Washington, DC 20426. APS requests an effective date of considered by the Commission in Please include the project number (P– September 29, 1999. determining the appropriate action to be 2459–093) on any comments or motions A copy of this filing has been served taken, but will not serve to make filed. on the Arizona Corporation protestants parties to the proceeding. j. Description of Proposal: Applicants Commission. Copies of the filing can be Any person wishing to become a party propose a transfer of the license for viewed on APS’ OASIS website, must file a motion to intervene. Copies Project No. 2459 from West Penn Power www.azpsoasis.com. of these filings are on file with the Company to Energy Subsidiary, a soon Comment date: October 18, 1999, in Commission and are available for public to be formed wholly-owned subsidiary, accordance with Standard Paragraph E inspection. This filing may also be and they to Allegheny Energy Supply at the end of this notice. viewed on the Internet at http:// Company, L.L.C., a soon to be formed

VerDate 06-OCT-99 18:27 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm08 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55281 generating company affiliate of West agency’s comments must also be sent to P–2468, 091, CONSUMERS ENERGY Penn. Transfer is being sought as part of the Applicant’s representatives. COMPANY P–2580, 120, CONSUMERS ENERGY an intra-corporate reorganization of Linwood A. Watson, Jr. West Penn’s parent company, Allegheny COMPANY Acting Secretary. P–2599, 099, CONSUMERS ENERGY Energy, Inc. [FR Doc. 99–26439 Filed 10–8–99; 8:45 am] COMPANY k. Locations of the application: A BILLING CODE 6717±01±M CAH–4. copy of the application is available for DOCKET# P–11080, 005, EAGLE CREST inspection and reproduction at the ENERGY COMPANY DEPARTMENT OF ENERGY CAH–5. Commission’s Public Reference Room, DOCKET# P–11157, 002, RUGRAW, INC. located at 888 First Street, NE, Room Federal Energy Regulatory CAH–6. 2A, Washington, DC 20426, or be calling # Commission DOCKET P–2170, 010, CHUGACH (202) 208–1371. The application may be ELECTRIC ASSOCIATION, INC. viewed on the web at www.ferc.fed.us/ Sunshine Act Meeting CAH–7. online/rims.htm (Call (202) 208–2222 DOCKET# P–2004, 075, HOLYOKE for assistance). A copy is also available October 6, 1999. WATER POWER COMPANY # for inspection and reproduction at the The following notice of meeting is OTHER S P–11607, 002, HOLYOKE GAS & addresses in item g above. published pursuant to section 3(A) of ELECTRIC DEPARTMENT, ASHBURNHAM MUNICIPAL LIGHT l. Individuals desiring to be included the goverment in the Sunshine Act (Pub. PLANT, AND MASSACHUSETTS on the Commission’s mailing list should L. No. 94–409), 5 U.S.C 552B: MUNICIPAL WHOLESALE ELECTRIC so indicate by writing to the Secretary AGENCY HOLDING MEETING: Federal COMPANY of the Commission. Energy Regulatory Commission. Consent Agenda—Electric DATE AND TIME: October 13, 1999, 10:00 Comments, Protests, or Motions to CAE–1. Intervene—Anyone may submit a.m. DOCKET# ER99–4235, 000, NEW YORK comments, a protest, or a motion to PLACE: Room 2C, 888 First Street, N.E., INDEPENDENT SYSTEM OPERATOR, intervene in accordance with the Washington, DC 20426. INC., CENTRAL HUDSON GAS & requirements of Rules of Practice and STATUS: Open. ELECTRIC CORPORATION, CONSOLIDATED EDISON COMPANY MATTERS TO BE CONSIDERED: Agenda; Procedure, 18 CFR 385.210, .211, .214. OF NEW YORK, INC., LONG ISLAND In determining the appropriate action to *Note—items listed on the agenda may LIGHTING COMPANY, NEW YORK take, the Commission will consider all be deleted without further notice. STATE ELECTRIC & GAS protests or other comments filed, but CONTACT PERSON FOR MORE INFORMATION: CORPORATION, NIAGARA MOHAWK only those who file a motion to David P. Boergers, Secretary, Telephone, POWER CORPORATION, ORANGE & intervene in accordance with the (202) 208–0400. For a recording listing ROCKLAND UTILITIES, INC., Commission’s Rules my become a party items stricken from or added to the ROCHESTER GAS & ELECTRIC to the proceeding. Any comments, meeting, call (202) 208–1627. CORPORATION, POWER AUTHORITY protests, or motions to intervene must This is a list of matters to be OF THE STATE OF NEW YORK AND NEW YORK POWER POOL be received on or before the specified considered by the Commission. It does OTHER#S ER97–1523, 000, CENTRAL comment date for the particular not include a listing of all papers HUDSON GAS & ELECTRIC application. relevant to the items on the agenda; CORPORATION, CONSOLIDATED Filing and Service of Responsive however, all public documents may be EDISON COMPANY OF NEW YORK, Documents—Any filings must bear in examined in the Reference and INC., LONG ISLAND LIGHTING Information Center. COMPANY, NEW YORK STATE all capital letters the title COMMENTS, ELECTRIC & GAS CORPORATION, RECOMMENDATIONS FOR TERMS Consent Agenda—Hydro 727TH Meeting— NIAGARA MOHAWK POWER AND CONDITIONS, PROTEST, October 13, 1999, Regular Meeting (10:00 CORPORATION, ORANGE & MOTION TO INTERVENE, as a.m.) ROCKLAND UTILITIES, INC., applicable, and the Project Number of CAH–1. ROCHESTER GAS & ELECTRIC the particular application to which the DOCKET# P–460, 017, CITY OF TACOMA, CORPORATION, POWER AUTHORITY WASHINGTON OF THE STATE OF NEW YORK AND filing refers. Any of the above-named # documents must be filed by providing OTHER S P–460, 018, CITY OF TACOMA, NEW YORK POWER POOL WASHINGTON OA97–470, 000, CENTRAL HUDSON GAS the original and the number of copies CAH–2. & ELECTRIC CORPORATION, provided by the Commission’s DOCKET# P–2113, 117, WISCONSIN CONSOLIDATED EDISON COMPANY regulations to: The Secretary, Federal VALLEY IMPROVEMENT COMPANY OF NEW YORK, INC., LONG ISLAND Energy Regulatory Commission, 888 CAH–3. LIGHTING COMPANY, NEW YORK First Street, NE, Washington, DC 20426. DOCKET# P–2436, 101, CONSUMERS STATE ELECTRIC & GAS A copy of any motion to intervene must ENERGY COMPANY CORPORATION, NIAGARA MOHAWK # also be served upon each representative OTHER S P–2447, 097, CONSUMERS POWER CORPORATION, ORANGE & of the Applicant specified in the ENERGY COMPANY ROCKLAND UTILITIES, INC., P–2448, 099, CONSUMERS ENERGY ROCHESTER GAS & ELECTRIC particular application. COMPANY CORPORATION, POWER AUTHORITY Agency Comments—Federal, state, P–2449, 093, CONSUMERS ENERGY OF THE STATE OF NEW YORK AND and local agencies are invited to file COMPANY NEW YORK POWER POOL comments on the described application. P–2450, 089, CONSUMERS ENERGY ER97–4234, 000, CENTRAL HUDSON GAS A copy of the application may be COMPANY & ELECTRIC CORPORATION, obtained by agencies directly from the P–2451, 093, CONSUMERS ENERGY CONSOLIDATED EDISON COMPANY COMPANY OF NEW YORK, INC., LONG ISLAND Applicant. If an agency does not file P–2452, 103, CONSUMERS ENERGY LIGHTING COMPANY, NEW YORK comments within the time specified for COMPANY STATE ELECTRIC & GAS filing comments, it will be presumed to P–2453, 094, CONSUMERS ENERGY CORPORATION, NIAGARA MOHAWK have no comments. One copy of an COMPANY POWER CORPORATION, ORANGE &

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ROCKLAND UTILITIES, INC., DOCKET# EL99–44, 001, ARIZONA RP92–236, 016, WILLISTON BASIN ROCHESTER GAS & ELECTRIC PUBLIC SERVICE COMPANY V. IDAHO INTERSTATE PIPELINE COMPANY CORPORATION, POWER AUTHORITY POWER COMPANY RP92–163, 000, WILLISTON BASIN OF THE STATE OF NEW YORK AND CAE–16. INTERSTATE PIPELINE COMPANY NEW YORK POWER POOL DOCKET# ER99–55, 001, AVISTA RP92–170, 000, WILLISTON BASIN CAE–2. CORPORATION INTERSTATE PIPELINE COMPANY DOCKET# ER99–4113, 000, CALIFORNIA OTHER#S ER99–55, 002, AVISTA RP92–236, 000, WILLISTON BASIN POWER EXCHANGE CORPORATION CORPORATION INTERSTATE PIPELINE COMPANY CAE–3. CAE–17. CAG–8. DOCKET# ER99–4226, 000, AMEREN DOCKET# EL99–70, 000, UNITED POWER, OMITTED. OPERATING COMPANIES INC. CAG–9. CAE–4. OTHER#S ER99–3307, 000, UNITED DOCKET# RP99–328, 000, TENNESSEE DOCKET# ER99–4193, 000, NEW POWER, INC. GAS PIPELINE COMPANY ENGLAND POWER POOL CAE–18. OTHER#S RP99–328, 001, TENNESSEE CAE–5. DOCKET# EL99–20, 000, MINNESOTA GAS PIPELINE COMPANY DOCKET# ER99–4102, 000, MILFORD POWER, INC. V. NORTHERN STATES CAG–10. POWER COMPANY, L.L.C. POWER COMPANY DOCKET# RP97–375, 008, WYOMING OTHER#S ER99–4122, 000, APS ENERGY CAE–19. INTERSTATE COMPANY, LTD. SERVICES COMPANY, INC. DOCKET# NJ97–9, 005, COLORADO OTHER#S RP97–375, 007, WYOMING ER99–4162, 000, MANTUA CREEK SPRINGS UTILITIES INTERSTATE COMPANY, LTD. # GENERATING COMPANY, L.P. OTHER S NJ97–8, 005, SOUTH CAG–11. ER99–4282, 000, ATHENS GENERATING CAROLINA PUBLIC SERVICE DOCKET# RP95–362, 001, KOCH COMPANY, L.P. AUTHORITY GATEWAY PIPELINE COMPANY CAE–6. NJ98–3, 004, SALT RIVER PROJECT CAG–12. DOCKET# ER99–4166, 000, MID- AGRICULTURAL IMPROVEMENT AND DOCKET# RP95–136, 011, WILLIAMS CONTINENT AREA POWER POOL POWER DISTRICT NATURAL GAS COMPANY CAE–20. # CAE–7. # OTHER S RP95–136, 010, WILLIAMS OMITTED DOCKET EL98–71, 001, PJM NATURAL GAS COMPANY CAE–8. INTERCONNECTION, LLC CAG–13. DOCKET# ER99–3301, 001, CALIFORNIA Consent Agenda Gas and Oil DOCKET# RP97–287, 037, EL PASO INDEPENDENT SYSTEM OPERATOR NATURAL GAS COMPANY CAG–1. CORPORATION CAG–14. DOCKET# PR99–15, 000, LOUISIANA CAE–9. DOCKET# RP98–404, 005, MISSISSIPPI STATE GAS, LLC DOCKET# ER99–2997, 001, NORTH RIVER TRANSMISSION CORPORATION OTHER#S PR99–15, 001, LOUISIANA AMERICAN ELECTRIC RELIABILITY OTHER#S RP98–404, 004, MISSISSIPPI STATE GAS, LLC COUNCIL CAG–2. RIVER TRANSMISSION CORPORATION OTHER#S ER99–4322, 000, NORTH # CAG–15. DOCKET RP96–312, 018, TENNESSEE # AMERICAN ELECTRIC RELIABILITY GAS PIPELINE COMPANY DOCKET IS90–21 ET AL., 000, COUNCIL OTHER#S RP96–312, 019, TENNESSEE WILLIAMS PIPE LINE COMPANY CAE–10. OTHER#S IS91–34 ET AL., 000, # GAS PIPELINE COMPANY DOCKET ER99–3092, 000, CENTRAL RP96–312, 020, TENNESSEE GAS WILLIAMS PIPE LINE COMPANY MAINE POWER COMPANY CAG–16. # PIPELINE COMPANY # OTHER S ER99–3094, 000, CENTRAL RP96–312, 021, TENNESSEE GAS DOCKET MG99–23, 000, GARDEN MAINE POWER COMPANY PIPELINE COMPANY BANKS GAS PIPELINE, L.L.C. CAE–11. CAG–17. RP96–312, 022, TENNESSEE GAS # OMITTED PIPELINE COMPANY DOCKET CP99–96, 003, CNG CAE–12. CAG–3. TRANSMISSION CORPORATION # DOCKET ER99–363, 002, SOUTHERN DOCKET# RP99–291, 000, CAG–18. # COMPANY SERVICES, INC. TRANSCONTINENTAL GAS PIPE LINE DOCKET CP99–163, 000, QUESTAR # OTHER S EL99–27, 001, SOUTHERN CORPORATION SOUTHERN TRAILS PIPELINE COMPANY SERVICES, INC. CAG–4. COMPANY # ER99–374, 001, SOUTHERN COMPANY DOCKET# RP99–504, 000, WILLIAMS GAS OTHER S CP99–165, 000, QUESTAR SERVICES, INC. PIPELINES CENTRAL, INC. SOUTHERN TRAILS PIPELINE ER99–424, 001, SOUTHERN COMPANY CAG–5. COMANY SERVICES, INC. DOCKET# PR99–6, 001, PG&E GAS CP99–165, 006, QUESTAR SOUTHERN ER99–425, 001, SOUTHERN COMPANY TRANSMISSION TECO INC. TRAILS PIPELINE COMPANY SERVICES, INC. CAG–6. CAG–19. ER99–426, 001, SOUTHERN COMPANY DOCKET# CP88–391, 024, DOCKET# CP99–242, 000, WILLISTON SERVICES, INC. TRANSCONTINENTAL GAS PIPE LINE BASIN INTERSTATE PIPELINE ER99–430, 001, SOUTHERN COMPANY CORPORATION COMPANY SERVICES, INC. OTHER#S RP93–162, 009, CAG–20. ER99–432, 001, SOUTHERN COMPANY TRANSCONTINENTAL GAS PIPE LINE DOCKET# CP99–550, 000, NATIONAL SERVICES, INC. CORPORATION FUEL GAS DISTRIBUTION ER99–433, 001, SOUTHERN COMPANY CAG–7. CORPORATION SERVICES, INC. DOCKET# RP92–236, 017, WILLISTON CAG–21. ER99–435, 001, SOUTHERN COMPANY BASIN INTERSTATE PIPELINE DOCKET# CP99–557, 000, COLUMBIA SERVICES, INC. COMPANY GAS TRANSMISSION CORPORATION ER99–447, 001, SOUTHERN COMPANY OTHER#S RP92–163, 010, WILLISTON CAG–22. SERVICES, INC. BASIN INTERSTATE PIPELINE DOCKET# CP99–594, 000, TEXAS ER99–1165, 000, SOUTHERN COMPANY COMPANY EASTERN TRANSMISSION SERVICES, INC. RP92–163, 011, WILLISTON BASIN CORPORATION CAE–13. INTERSTATE PIPELINE COMPANY OTHER#S CP99–595, 000, MISSION OMITTED RP92–170, 010, WILLISTON BASIN PIPELINE COMPANY CAE–14. INTERSTATE PIPELINE COMPANY CAG–23. OMITTED RP92–170, 011, WILLISTON BASIN DOCKET# CP99–577, 000, DUKE ENERGY CAE–15. INTERSTATE PIPELINE COMPANY FIELD SERVICES, INC.

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OTHER#S CP99–578, 000, TEXAS equivalent method determinations from FEDERAL COMMUNICATIONS EASTERN TRANSMISSION Environnement S. A. (Paris, France) for COMMISSION CORPORATION its SANOA open path monitoring CAG–24. Notice of Public Information # methods for O3, SO2, and NO2. DOCKET RM79–15, 001, PROPOSED Collection(s) Being Reviewed by the REGULATIONS FOR THE FOR FURTHER INFORMATION CONTACT: Federal Communications Commission, IMPLEMENTATION OF SECTION 401 Frank F. McElroy, Human Exposure and OF THE NATURAL GAS POLICY ACT Comments Requested Atmospheric Sciences Division (MD– OF 1978 October 4, 1999. OTHER#S RM89–67, 000, HEARING AND 46), National Exposure Research SUMMARY: The Federal Communications PUBLIC COMMENT ON THE Laboratory, U.S. EPA, Research Triangle PROPOSED RULE OF THE Park, North Carolina 27711. Phone: Commission, as part of its continuing effort to reduce paperwork burden DEPARTMENT OF ENERGY RELATING (919) 541–2622, e-mail: invites the general public and other TO ESTABLISHING NATURAL GAS [email protected]. CURTAILMENT PRIORITIES Federal agencies to take this INTERSTATE PIPELINES SUPPLEMENTARY INFORMATION: Upon opportunity to comment on the RM91–1, 000, CHEMICAL application and in accordance with following information collection, as MANUFACTURERS ASSOCIATION regulations at 40 CFR Part 53, the EPA required by the Paperwork Reduction RM91–13, 000, ILLINOIS COMMERCE examines various methods for Act of 1995, Pub. L. 104–13. An agency COMMISSION monitoring the concentrations of certain may not conduct or sponsor a collection CAG–25. of information unless it displays a DOCKET# PR99–1, 000, TRANSOK, LLC pollutants in the ambient air. Methods OTHER#S PR99–1, 001, TRANSOK, LLC that are determined to meet specific currently valid control number. No PR99–2, 000, TRANSOK, LLC requirements for adequacy are person shall be subject to any penalty for failing to comply with a collection PR99–2, 001, TRANSOK, LLC designated as either reference or of information subject to the Paperwork PR99–12, 000, TRANSOK, LLC equivalent methods, thereby permitting PR99–12, 001, TRANSOK, LLC Reduction Act (PRA) that does not their use under 40 CFR Part 58 by States Hydro Agenda display a valid control number. and other agencies for determining Comments are requested concerning: (a) H–1. attainment of the National Ambient Air Whether the proposed collection of RESERVED Quality Standards. As required by Part information is necessary for the proper Electric Agenda 53, this notice is to announce that EPA performance of the functions of the E–1. has received four applications to Commission, including whether the RESERVED determine if four new continuous information shall have practical utility; monitoring methods should be (b) the accuracy of the Commission’s Oil and Gas Agenda designated by the Administrator of the burden estimate; (c) ways to enhance I. PIPELINE RATE MATTERS EPA as reference or equivalent methods the quality, utility, and clarity of the PR–1. under 40 CFR Part 53. information collected; and (d) ways to RESERVED An application from DKK minimize the burden of the collection of II. PIPELINE CERTIFICATE MATTERS Corporation, 4–13–14 Kichijoji information on the respondents, Kitamachi, Musashino-shi, Tokyo, Japan including the use of automated PC–1. collection techniques or other forms of RESERVED was received on June 21, 1999, for a information technology. David P. Boergers, reference method determination for DATES: DKK Corporation’s Model GFS–112E Written comments should be Secretary. submitted on or before December 13, SO2 air monitoring analyzer. [FR Doc. 99–26643 Filed 10–7–99; 11:27 am] 1999. If you anticipate that you will be Applications from Environnement S. A., BILLING CODE 6717±01±P submitting comments, but find it 111 Boulevard Robespierre, 78304 difficult to do so within the period of Poissy, France were received on time allowed by this notice, you should ENVIRONMENTAL PROTECTION February 17, 1999, June 28, 1999, and advise the contact listed below as soon AGENCY July 23, 1999, for equivalent method as possible. determinations for its SANOA Multigas ADDRESSES: [FRL±6454±9] Direct all comments to Les Longpath Air Quality Monitoring Smith, Federal Communications System for monitoring O3, SO2, and Office of Research and Development; Commissions, 445 12th Street, S.W., NO2, respectively. Ambient Air Monitoring Reference and Room 1–A804, Washington, DC 20554 Equivalent Methods; Receipt of If, after appropriate technical study, or via the Internet to [email protected]. Applications for Reference and the Administrator determines that any FOR FURTHER INFORMATION CONTACT: For Equivalent Method Determinations or all of these methods should be additional information or copies of the designated as reference or equivalent information collections contact Les AGENCY: Environmental Protection methods, as appropriate, notice thereof Smith at (202) 418–0217 or via the Agency. will be published in a subsequent issue Internet at [email protected]. ACTION: Notice of receipt of applications. of the Federal Register. SUPPLEMENTARY INFORMATION: Norine E. Noonan, OMB Control Number: 3060–0076. SUMMARY: The Environmental Protection Title: Annual Employment Report for Agency (EPA) is announcing that it has Assistant Administrator for Research and Common Carriers. received an application for a reference Development. Form Number: FCC Form 395. method determination from the DKK [FR Doc. 99–26557 Filed 10–8–99; 8:45 am] Type of Review: Extension. Corporation (Tokyo, Japan) for DKK BILLING CODE 6560±50±U Respondents: Business or other for- Corporation’s Model GFS–112E SO2 air profit entities. monitoring method. Three applications Number of Respondents: 4000 have also been received by the EPA for respondents.

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Estimated Time Per Response: 1 hour they must obtain customer approval. By Frequency of Response: Quarterly. per response (avg.). expanding the concept of the total Needs and Uses: Pursuant to the Total Annual Burden: 4000 hours. service approach to include CPE and mandate in Section 276(b)(1)(A) to Estimated Annual Reporting and information services, the rules were ‘‘establish a per call compensation plan Recordkeeping Cost Burden: $0. modified to allow carriers to use CPNI to ensure that all payphone service Frequency of Response: Annually, without customer approval in most providers are fairly compensated for Recordkeeping. instances to market CPE and each and every completed intrastate and Needs and Uses: The Annual information services. Where carriers are interstate call’’, 47 USC Section Employment Report is submitted by required to obtain customer approval, 276(b)(1)(A), intraLATA carriers are certain common carrier licensees and they may still do so through written, required to provide to interexchange permittees. The data is intended to oral, or electronic means. The Order on carriers a quarterly report listing assess compliance with equal Reconsideration removes the audit payphone ANIs. The report allows IXCs employment opportunity requirements. mechanism entirely but requires that to determine which dial-around calls Data is used by the FCC, Congress, the carriers maintain records of sales and are made from payphones. The data, U.S. Commission on Civil Rights, EEOC, marketing campaigns. The Order on which must be maintained for at least NTIA and public interest groups. Reconsideration reduces by half the 18 months after the close of a OMB Control Number: 3060–0715. time required to comply with the compensation period, will facilitate Title: Implementation of the recordkeeping requirement by limiting verification of disputed ANIs. The Telecommunications Act of 1996: application to sales and marketing requirement is used to ensure that Telecommunications Carriers’ Use of campaigns. Carriers using CPNI for sales intraLATA carriers, and the IXCs Customer Proprietary Network and marketing campaigns must record comply with their obligations under the Information and Other Customer the date and purpose of the campaign, 1996 Act. Proprietary Network. and what products and services were OMB Control Number: 3060–0724. Form Number: N/A. offered to customers. Carriers are Title: Annual Report of Interexchange Type of Review: Revision. required to maintain these records for a Carriers Listing the Compensation Respondents: Business or other for- period of at least one year. All the Amount Paid to Payphone Providers profit entities. collections will be used to ensure that and the Number of Payees. Number of Respondents: 6832 telecommunications carriers comply Form Number: N/A. respondents. with the CPNI requirements and to Type of Review: Extension. Estimated Time Per Response: 86.2 implement section 222 of the statute. Respondents: Business or other for- hours per response (avg.). OMB Control Number: 3060–0721. profit entities. Total Annual Burden: 189,656 hours Title: One-Time Report of Local Number of Respondents: 275 for modified collections. 588,917 hours Exchange Companies of Cost respondents. Estimated Time Per Response: 2 hours for all collections under this control Accounting Studies. per response (avg.). number. Form Number: N/A. Total Annual Burden: 550 hours. Estimated Annual Reporting and Type of Review: Extension. Respondents: Business or other for- Estimated Annual Reporting and Recordkeeping Cost Burden: $229,520. Recordkeeping Cost Burden: $0. Frequency of Response: On occasion, profit entities. Number of Respondents: 400 Frequency of Response: Annually, Recordkeeping, Third Party Disclosure. Recordkeeping. Needs and Uses: On February 26, respondents. Estimated Time Per Response: 50 Needs and Uses: Interexchange 1998, the Commission released the CPNI carriers responsible for paying per-call Order, 63 FR 20326, April 24, 1998, hours per response (avg.). Total Annual Burden: 20,000 hours. compensation must submit annual adopting rules implementing the new Estimated Annual Reporting and reports to the Common Carrier Bureau statutory framework governing carrier Recordkeeping Cost Burden: $0. listing the amount of compensation paid use and disclosure of customer Frequency of Response: On occasion. to payphone providers and the number proprietary network information (CPNI) Needs and Uses: Local exchange of payees. IXCs will also be required to created by section 222 of the companies must submit, on a one-time initiate an annual audit of their per-call Communications Act. CPNI includes, basis, cost accounting studies to identify tracking functions. This would help among other things, to whom, where, the direct cost of central office coin ensure that all interexchange carriers are and when a customer places a call, as services. The requirement would be paying their respective compensation well as the types of service offerings to used to ensure that LECs comply with obligations. which the customer subscribes and the their obligations under the OMB Control Number: 3060–0726. extent the service is used. The Telecommunications Act of 1996. Title: Quarterly Report of Commission issued an Order on OMB Control Number: 3060–0719. Interexchange Carriers Listing the Reconsideration which modified the Title: Quarterly Report of IntraLATA Number of Dial-Around Calls for Which CPNI Order, in part, to preserve the Carriers Listing Payphone Automatic Compensation is Being Paid to consumer protections mandated by Number Identifications (ANIs). Payphone Owners. Congress while more narrowly tailoring Form Number: N/A. Form Number: N/A. our rules, where necessary, to enable Type of Review: Extension. Type of Review: Extension. telecommunications carriers to comply Respondents: Business or other for- Respondents: Business or other for- with the law in a more flexible and less profit entities. profit entities. costly manner. The Order on Number of Respondents: 400 Number of Respondents: 275 Reconsideration reduces by half the respondents. respondents. burden of compliance with the customer Estimated Time Per Response: 3.5 Estimated Time Per Response: 30 approval requirement. If carriers choose hours per response (avg.). minutes per response (avg.). to use CPNI to market Total Annual Burden: 5600 hours. Total Annual Burden: 550 hours. telecommunications service offerings Estimated Annual Reporting and Estimated Annual Reporting and outside the customer’s existing service, Recordkeeping Cost Burden: $0. Recordkeeping Cost Burden: $0.

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Frequency of Response: Quarterly. Frequency of Response: Third Party could consist of, for example, detailed Needs and Uses: Interexchange Disclosure. summary of the record of a state carriers responsible for paying per-call Needs and Uses: 47 CFR Section proceeding that examines the costs of compensation to payphone providers 64.1504 imposes disclosure providing payphone service within that must submit a quarterly list of dial- requirements on entities that use toll- state and the reasons why the public around calls to those payphone free numbers to provide information interest is served by having the state set providers. The payphone providers services. The requirements are intended rates within that market. Each state need the list to calculate the to ensure that callers to toll-free must review whether it has adequately compensation to be paid by the numbers are: (1) Informed if charges provided for public interest payphones interexchange carriers. will be levied and (2) receive the in a manner consistent with the Order. OMB Control Number: 3060–0729. information necessary to make an All payphones are required to transmit Title: Bell Operating Company informed decision whether to purchase specific payphone coding digits as a Provision of Out-of-Region, Interstate, an information service. part of their automatic number Interexchange Services, Report and OMB Control Number: 3060–0743. identification which will assist in Order, CC Docket No. 96–21, (Affiliated Title: Implementation of the Pay identifying them to compensation Company Recordkeeping Requirement). Telephone Reclassification and payors. Carriers must provide tracking Form Number: N/A. Compensation Provisions of the of all compensable calls received from Type of Review: Extension. Telecommunications Act of 1996—CC payphones to ensure that each and Respondents: Business or other for- Docket No. 96–128. every completed call from a payphone profit entities. Form Number: N/A. is receiving compensation. Carriers are Number of Respondents: 7 Type of Review: Extension. required to initiate an annual respondents. Respondents: Business or other for- verification of their per call tracking Estimated Time Per Response: 6056 profit entities; States. functions for a period of two years to hours per response (avg.). Number of Respondents: 4542 ensure that they are tracking all of the Total Annual Burden: 42,394 hours. respondents. calls for which they are obligated to pay Estimated Annual Reporting and Estimated Time Per Response: 30 compensation. LECs must provide Recordkeeping Cost Burden: $0. hours per response (avg.). verification of disputed ANIs on request Frequency of Response: Total Annual Burden: 136,677 hours. and in a timely manner. LECs are Recordkeeping. Estimated Annual Reporting and required to notify the carrier-payors of Needs and Uses: In CC Docket No. each payphone’s disconnection on a 96–21, the Commission removed Recordkeeping Cost Burden: $0. Frequency of Response: Third Party basis that is as timely as possible. LECs dominant regulation for BOCs that are required to affirmatively state on provide out-of-region, interstate, Disclosures. Needs and Uses: The rules adopted in their bills to PSPs that the bills are for interexchange services through an payphone service to facilitate payment affiliate that complies with certain CC Docket No. 96–128: (1) Establish a plan to ensure fair competition for each of compensation and to avoid disputes. safeguards, in order to facilitate the Incumbent LECs must file revised tariffs efficient and rapid provision of out-of- and every completed intrastate and interstate call using a payphone; (2) for central office coin transmission region, domestic, interstate, services and CCL charges to ensure that interexchange services by the BOCs, as discontinue intrastate and interstate carrier access charge payphone service LEC services are priced reasonably and contemplated by the 1996 Act, while to not include subsidies. Incumbent still protecting ratepayers and elements and payments and intrastate and interstate payphone subsidies from LECs and AT&T must either reclassify competition in the interexchange their payphone assets as nonregulated market. These safeguards requires, basic exchange services; (3) prescribe nonstructural safeguards for BOC or transfer them to a separate affiliate among other things, that the affiliate engaged in nonregulated activities. If a maintain separate books of account from payphones; (4) permit the BOCs to negotiate with the payphone location payphone provider does not appear on the LEC. The recordkeeping requirement the LEC-provided customer-owned, is to ensure that BOCs providing provider about a payphone’s presubscribed interLATA carrier; (5) coin-operated telephone lists, it must interexchange service through a separate provide alternative verification affiliate are in compliance with the permit all payphone providers to negotiate with the location provider information to the IXC paying Communications Act and Commission compensation. Payphone providers are policies and rules regarding BOC about a payphone’s presubscribed interLATA carrier; and (6) adopt required to post the local coin call rate provision of out-of-region interexchange within the informational placard on services. guidelines for use by the state in establishing public interest payphones each payphone. LECs must supply to OMB Control Number: 3060–0748. carrier-payors, on demand, a list of Title: Disclosure Requirements for to be located where there would emergency numbers so that carrier- Information Services Provided Through otherwise not be a payphone. The payors will know that they do not have Toll-Free Numbers, 47 CFR Section requirements contained in the Order to compensate payphone providers for 64.1504. are: State must review their regulations emergency calls. All the requirements Form Number: N/A. concerning adequacy of local coin rate Type of Review: Extension. disclosure and review them where are used to ensure that interexchange Respondents: Business or other for- necessary. States must review their carriers, payphone service providers, profit entities. regulations concerning market entry or LECs, and the states, comply with their Number of Respondents: 3750 exit requirements and remove them obligations under the respondents. where necessary to ensure consistency Telecommunications Act of 1996. Estimated Time Per Response: 2.8 with the Commission’s regulations. OMB Control Number: 3060–0742. hours per response (avg.). States must comply with the Title: Telephone Number Portability Total Annual Burden: 10,500 hours. Commission’s market-rate local coin call (47 CFR Part 52, Subpart C Sections Estimated Annual Reporting and requirement, except where they show 52.21–52.31). Recordkeeping Cost Burden: $0. proof of market failure. Such a showing Form Number: N/A.

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Type of Review: Extension. imposed to implement section 251 of Total Annual Burden: 10,250 hours. Respondents: Business or other for- the Telecommunications Act of 1996. Estimated Annual Reporting and profit entities; States. OMB Control Number: 3060–0165. Recordkeeping Cost Burden: $0. Number of Respondents: 237 Title: Part 41, Franks, Section 41.31— Frequency of Response: Third party respondents. Records to be Maintained and Reports to disclosure. Estimated Time Per Response: 4.75 be Filed. Needs and Uses: Section 64.1509 hours per response (avg.). Form Number: N/A. incorporates in the Commission’s rules Total Annual Burden: 1,125 hours. Type of Review: Extension. the requirements of Sections 228(c)(2) Estimated Annual Reporting and Respondents: Business or other for- and 228(d)(2)–(3) of the Recordkeeping Cost Burden: $0. profit entities. Communications Act. Under these Frequency of Response: On occasion. Number of Respondents: 68 sections, common carriers that assign Needs and Uses: In the Memorandum respondents. telephone numbers to pay-per-call Opinion and Order on Reconsideration Estimated Time Per Response: 6 hours services must disclose to all interested issued in CC Docket No. 95–116, per response (avg.). parties, upon request a list of all released March 11, 1997, the Total Annual Burden: 408 hours. assigned pay-per-call numbers. For each Estimated Annual Reporting and Commission affirmed and clarified rules assigned number, carriers must also Recordkeeping Cost Burden: $0. established in its First Report and Order make available: (1) A description of the Frequency of Response: in the proceeding. The proceeding pay-per-call service; (2) the total cost Recordkeeping. per minute or other fees associated with implemented section 251(b)(2) of the Needs and Uses: Section 210 of the the service; and (3) the service Communications Act of 1934, as Communications Act of 1934, as provider’s name, business address, and amended, which requires all LECs to amended, requires that common carriers telephone number. In addition, carriers offer number portability in accordance subject to the Act maintain records to handling pay-per-call services must with requirements prescribed by the reflect the name, address, etc., of establish a toll-free number that Commission. The proceedings persons holding telephone or telegraph consumer may call to receive established the following collections. franks, so as to enable the Commission information about pay-per-call services. Carriers participating in a field test of and/or carriers to compile, if needed, Carriers are required to provide number portability in the Chicago, reports in this area. Section 41.31 of the statements of pay-per-call rights and Illinois areas were required to jointly Commission’s rules implements Section responsibilities to new telephone file with the Commission a report of 210. This information helps to ensure subscribers at the time service is their findings with 30 days after that franks are being addressed fairly. completion of the test. Sections 52.23(b) established and, although not required and 52.31 require that long-term number OMB Control Number: 3060–0147. by statute, to all subscribers annually. portability be provided by LECs and Title: Extension of Unsecured Credit The disclosure requirements are CMRS providers inside the 100 largest for Interstate and Foreign—Section intended to ensure that consumers are MSAs in switches for which another 64.804. able to obtain information that will Form Number: N/A. carrier has made a specific request for enable them to make informed choices Type of Review: Extension. about their use of pay-per-call services. number portability. A carrier must make Respondents: Business or other for- its specific requests for deployment of profit entities. Federal Communications Commission. number portability in particular Number of Respondents: 13 Magalie Roman Salas, switches at least in months before the respondents. Secretary. deadline for completion of number Estimated Time Per Response: 8 hours portability in that MSA. After carriers [FR Doc. 99–26519 Filed 10–8–99; 8:45 am] per response (avg.). BILLING CODE 6712±01±P have submitted requests for number Total Annual Burden: 104 hours. portability, a wireline carrier or CMRS Estimated Annual Reporting and provider must make readily available Recordkeeping Cost Burden: $0. FEDERAL COMMUNICATIONS upon request a list of its switches for Frequency of Response: Annually. COMMISSION which portability has been requested, Needs and Uses: Pursuant to Section and those for which portability has not 64.804 of the Commission’s rules, Notice of Public Information been requested. Section 52.25 requires communications common carriers with Collection(s) Being Reviewed by the state regulatory commissions to file with operating revenues exceeding $1 million Federal Communications Commission the Commission a notification if they who extend unsecured credit to a for Extension Under Delegated opt to develop a state-specific database candidate or person on behalf of such Authority, Comments Requested for the provision of number portability candidates for Federal office must file in lieu of participating in a regional with the FCC a report including due and October 5, 1999. database system. Section 52.25 permits outstanding balances. The information SUMMARY: The Federal Communications carriers to challenge decisions made by is used for monitoring purposes. Commission, as part of its continuing states to develop a state-specific number OMB Control Number: 3060–0749. effort to reduce paperwork burden portability database in lieu of Title: Disclosure and Dissemination of invites the general public and other participating in the regional databases Pay-Per Call Information, 47 CFR Federal agencies to take this by filing a petition with the 64.1509. opportunity to comment on the Commission. Sections 52.23 and 52.31 Form Number: N/A. following information collection(s), as require carriers that are unable to meet Type of Review: Extension. required by the Paperwork Reduction the deadlines for implementing a long- Respondents: Business or other for- Act of 1995, Public Law 104–13. An term number portability solution to file profit entities. agency may not conduct or sponsor a with the Commission a petition to Number of Respondents: 25 collection of information unless it extend the time by which respondents. displays a currently valid control implementation in its network will be Estimated Time Per Response: 410 number. No person shall be subject to completed. The requirements were hours per response (avg.). any penalty for failing to comply with

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If no such information information must be provided to the whether the proposed collection of exists, any future problems could prove District Director when deemed information is necessary for the proper difficult to solve and could result in necessary and consist of a computer file performance of the functions of the electronic frequency interference for that is generated when spread spectrum Commission, including whether the long periods of time. The notification of transmissions are made. This information shall have practical utility; changes in the primary FM station being requirement is necessary so that quick (b) the accuracy of the Commission’s retransmitted is used by FCC staff to resolution of any harmful interference burden estimate; (c) ways to enhance keep records up-to-date and to ensure problems can be achieved and to ensure the quality, utility, and clarity of the compliance with FCC rules and that the station is operating in information collected; and (d) ways to regulations. accordance with the Communications minimize the burden of the collection of OMB Control Number: 3060–0181. Act of 1934, as amended. information on the respondents, Title: Section 73.1615, Operation Federal Communications Commission. including the use of automated during modification of facilities. Magalie Roman Salas, collection techniques or other forms of Form Number: None. Secretary. information technology. Type of Review: Extension of [FR Doc. 99–26521 Filed 10–8–99; 8:45 am] DATES: currently approved collection. Written comments should be BILLING CODE 6712±01±P submitted on or before December 13, Respondents: Business or other for- 1999. If you anticipate that you will be profit. submitting comments, but find it Number of Respondents: 110. Estimated Time Per Response: 30 FEDERAL COMMUNICATIONS difficult to do so within the period of COMMISSION time allowed by this notice, you should minutes–1 hour. Total Annual Burden: 59 hours. [CC Docket No. 96±98; DA 99±2016] advise the contact listed below as soon Needs and Uses: Section 73.1615(c) as possible. requires notification to the FCC by a Ohio Public Utilities Commission's ADDRESSES: Direct all comments to Les licensee of an AM, FM, or TV station Petition Requesting Additional Smith, Federal Communications when it is in the process of modifying Authority To Implement Number Commission, Room 1 A–804, 445 existing facilities as authorized by a Conservation Measures Twelfth Street, SW, Washington, DC construction permit and it becomes AGENCY: Federal Communications 20554 or via the Internet to necessary to either discontinue Commission. [email protected]. operation or to operate with temporary FOR FURTHER INFORMATION CONTACT: For facilities. If such licensee needs to ACTION: Notice. additional information or copies of the discontinue operations or operate with SUMMARY: On September 29, 1999, the information collections contact Les temporary facilities for more than 30 Commission released a public notice Smith at (202) 418–0217 or via the days, then an informal letter request requesting public comment on a petition Internet at [email protected]. must be sent to the FCC prior to the 30th from the Ohio Public Utilities SUPPLEMENTARY INFORMATION: day. Section 73.1615(d) requires the Commission (‘‘Petition’’) requesting OMB Control Number: 3060–0473. licensee of an AM station holding a additional authority to implement Title: Section 74.1251 Technical and construction permit which authorizes number conservation measures in the equipment modifications. both a change in frequency and State of Ohio. The intended effect of this Form Number: None. directional facilities to obtain authority action is to make the public aware of, Type of Review: Extension of from the FCC prior to using any new and to seek public comment on, this currently approved collection. installation authorized by the permit, or request. Respondents: Business or other for- using temporary facilities. This request DATES: Comments are due by October profit. is to be made by letter 10 days prior to Number of Respondents: 200 FM 20, 1999, and reply comments are due the date on which the temporary by November 3, 1999. translator stations (100 certifications of operation is to commence. The letter FOR FURTHER INFORMATION CONTACT: new installations; 100 notifications of shall describe the operating modes and Jared Carlson at (202) 418–2320 or change in primary FM station being facilities to be used. The data is used by [email protected]. The address is: retransmitted). FCC staff to maintain complete Network Services Division, Common Estimated Time per Response: 0.25 technical records and to ensure that Carrier Bureau, Federal hour per certification/notification. interference will not be caused to other Communications Commission, The Annual Burden: 50. licensed broadcast facilities. Annual Costs: $0. Portals, 445 12th Street, SW, Suite 6– OMB Approval Number: 3060–0347. A320, Washington, DC 20554. The fax Needs and Uses: Upon replacement of Title: Section 97.311 Spread number is: (202) 418–2345. The TTY a transmitter that can be completed spectrum. number is: (202) 418–0484. without FCC approval, Section Form Number: N/A. 74.1251(b)(1) requires that the licensee Type of Review: Revision of existing SUPPLEMENTARY INFORMATION: On place in the station records a collection. September 28, 1998, the Federal certification that the new installation Respondents: Individuals, or Communications Commission complies in all respects with all households. (‘‘Commission’’) released an order in the technical requirements and terms of the Number of Respondents: 10. matter of a Petition for Declaratory station authorization. Section 74.1251(c) Estimated Time Per Response: 6 Ruling and Request for Expedited requires FM translator licensees to seconds per response. Action on the July 15, 1997 Order of the notify the FCC, in writing, of changes in Total Annual Burden: 1 minute. Pennsylvania Public Utility Commission the primary FM station being Needs and Uses: The record keeping Regarding Area Codes 412, 610, 215, retransmitted. The certification of the requirement contained in Section and 717, and Implementation of the

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Local Competition Provisions of the ECFS can be sent as an electronic file FEDERAL EMERGENCY Telecommunications Act of 1996, via the Internet to . Generally, only one [FEMA±1292±DR] Order on Reconsideration, FCC 98–224, copy of an electronic submission must CC Docket No. 96–98, NSD File No. L– be filed. If multiple docket or North Carolina; Amendment No. 1 to 97–42, 63 FR 63613 (rel. September 28, rulemaking numbers appear in the Notice of a Major Disaster Declaration 1998) (‘‘Pennsylvania Numbering caption of this proceeding, however, Order’’). The Pennsylvania Numbering commenters must transmit one AGENCY: Federal Emergency Order delegated additional authority to electronic copy of the comments to each Management Agency (FEMA). state public utility commissions to order docket or rulemaking number ACTION: Notice. NXX code rationing, under certain referenced in the caption. In completing circumstances, in jeopardy situations SUMMARY: This notice amends the notice and encouraged state commissions to the transmittal screen, commenters of a major disaster for the State of North seek further limited delegations of should include their full name, Postal Carolina (FEMA–1292–DR), dated authority to implement other innovative Service mailing address, and the September 16, 1999, and related number conservation methods. applicable docket or rulemaking determinations. number. Parties may also submit an The Ohio Public Utilities Commission EFFECTIVE DATE: September 29, 1999. (‘‘OPUC’’) has filed a request for electronic comment by Internet e-mail. FOR FURTHER INFORMATION CONTACT: delegation of authority to implement To get filing instructions for e-mail Madge Dale, Response and Recovery number conservation measures in their comments, commenters should send an Directorate, Federal Emergency state. See Common Carrier Bureau Seeks e-mail to [email protected], including ‘‘get Management Agency, Washington, DC Comment on the Ohio Public Utilities form ’’ in the 20472, (202) 646–3772. Commission’s Petition for Delegation of body of the message. A sample form and SUPPLEMENTARY INFORMATION: Notice is Additional Authority to Implement directions will be sent in reply. hereby given that, in a letter dated Number Optimization Measures in the Comments may be filed using the September 29, 1999, the President State of Ohio, Public Notice, NSD File Commission’s Electronic Comment No. L–99–74, DA 99–2016 (rel. amended the cost-sharing arrangements Filing System (ECFS) or by filing paper concerning Federal funds provided September 29, 1999). copies. The additional authority sought by under the authority of the Robert T. the OPUC relates to issues under This is a ‘‘permit but disclose’’ Stafford Disaster Relief and Emergency consideration in the Numbering proceeding for purposes of the Assistance Act (42 U.S.C. 51521 et seq.), Resource Optimization Notice. See Commission’s ex parte rules. See in a letter to James L. Witt, Director of Numbering Resource Optimization, generally 47 CFR 1.1200–1.1216. As a the Federal Emergency Management Notice of Proposed Rulemaking, CC ‘‘permit but disclose’’ proceeding, ex Agency, as follows: Docket No. 99–200, FCC 99–122, 64 FR parte presentations will be governed by I have determined that the damage in 32471 (rel. June 2, 1999). Because the the procedures set forth in 1.1206 of the certain areas of the State of North Carolina, OPUC faces immediate concerns Commission’s rules applicable to non- resulting from Hurricane Floyd on September regarding the administration of number restricted proceedings. 47 CFR 1.1206. 15, 1999, and continuing, is of sufficient resources in Ohio, we find it to be in the severity and magnitude that the provision of Parties making oral ex parte public interest to address this petition additional Federal assistance to ensure as expeditiously as possible, prior to presentations are reminded that public health and safety is warranted under completing the rulemaking proceeding. memoranda summarizing the the Robert T. Stafford Disaster Relief and We hereby seek comment on the presentation must contain a summary of Emergency Assistance Act (‘‘the Stafford the substance of the presentation and Act’’). issues raised in the OPUC’s petition for Therefore, I amend my declaration of delegated authority to implement not merely a listing of the subjects September 16, 1999, to provide that the various area code conservation discussed. More than a one or two Federal Emergency Management Agency measures. A copy of this petition will be sentence description of the views and (FEMA) may reimburse 90 percent of the available during regular business hours arguments presented is generally costs of debris removal (Category A) and at the FCC Reference Center, Portals II, required. See 47 CFR 1.1206(b)(2). Other emergency protective measures (Category B) 445 12th Street, SW, Suite CY–A257, rules pertaining to oral and written under the Public Assistance program, Washington, DC 20554, (202) 418–0270. presentations are set forth in 1.1206(b) including direct Federal assistance from Interested parties may file comments September 15, 1999 through September 18, as well. For further information contact 1999. This adjustment of the cost share may concerning these matters on or before Jared Carlson of the Common Carrier be provided to all counties under the major October 20 1999, and reply comments Bureau, Network Services Division, at disaster declaration. You may extend this on or before November 3, 1999. All (202) 418–2320 or [email protected]. The assistance for an additional period of time, if filings must reference NSD File Number TTY number is (202) 418–0484. requested and warranted. L–99–74 and CC Docket 96–98. Send an Please notify the Governor of North original and four copies to the Federal Communications Commission. Carolina and the Federal Coordinating Commission Secretary, Magalie Roman Kurt A. Schroeder, Officer of this amendment to my major Salas, Portals II, 445 12th Street, SW, Acting Chief, Network Services Division, disaster declaration. Suite TW–A325, Washington, DC 20554 Common Carrier Bureau. (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used and two copies to Al McCloud, Network [FR Doc. 99–26512 Filed 10–8–99; 8:45 am] Services Division, Portals II, 445 12th for reporting and drawing funds: 83.537, BILLING CODE 6712±01±P Community Disaster Loans; 83.538, Cora Street, SW, Suite 6A–320, Washington, Brown Fund Program; 83.539, Crisis DC 20554. Counseling; 83.540, Disaster Legal Services Comments may be filed using the Program; 83.541, Disaster Unemployment Commission’s Electronic Comment Assistance (DUA); 83.542, Fire Suppression Filing System (ECFS) or by filing paper Assistance; 83.543, Individual and Family copies. Comments filed through the Grant (IFG) Program; 83.544, Public

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Assistance Grants; 83.545, Disaster Housing (The following Catalog of Federal Domestic deem appropriate. Consistent with the Program; 83.548, Hazard Mitigation Grant Assistance Numbers (CFDA) are to be used requirement that Federal assistance be Program.) for reporting and drawing funds: 83.537, supplemental, any Federal funds provided James L. Witt, Community Disaster Loans; 83.538, Cora under the Stafford Act for Hazard Mitigation Brown Fund Program; 83.539, Crisis will be limited to 75 percent of the total Director. Counseling; 83.540, Disaster Legal Services eligible costs. If Public Assistance is later [FR Doc. 99–26527 Filed 10–8–99; 8:45 am] Program; 83.541, Disaster Unemployment requested and warranted, Federal funds BILLING CODE 6718±02±P Assistance (DUA); 83.542, Fire Suppression provided under that program will also be Assistance; 83.543, Individual and Family limited to 75 percent of the total eligible Grant (IFG) Program; 83.544, Public costs. FEDERAL EMERGENCY Assistance Grants; 83.545, Disaster Housing Further, you are authorized to make MANAGEMENT AGENCY Program; 83.548, Hazard Mitigation Grant changes to this declaration to the extent Program.) allowable under the Stafford Act. [FEMA±3146±EM] James L. Witt, The time period prescribed for the Director. implementation of section 310(a), North Carolina; Amendment No. 1 to Priority to Certain Applications for Notice of an Emergency Declaration [FR Doc. 99–26529 Filed 10–8–99; 8:45 am] BILLING CODE 6718±02±P Public Facility and Public Housing AGENCY: Federal Emergency Assistance, 42 U.S.C. 5153, shall be for Management Agency (FEMA). a period not to exceed six months after the date of this declaration. ACTION: Notice. FEDERAL EMERGENCY MANAGEMENT AGENCY Notice is hereby given that pursuant to the authority vested in the Director of SUMMARY: This notice amends the notice [FEMA±1298±DR] of an emergency for the State of North the Federal Emergency Management Agency under Executive Order 12148, I Carolina (FEMA–3146–EM), dated Commonwealth of Pennsylvania; Major hereby appoint Jack Schuback of the September 15, 1999, and related Disaster and Related Determinations determinations. Federal Emergency Management Agency AGENCY: Federal Emergency to act as the Federal Coordinating EFFECTIVE DATE: September 29, 1999. Management Agency (FEMA). Officer for this declared disaster. FOR FURTHER INFORMATION CONTACT: ACTION: Notice. I do hereby determine the following Madge Dale, Response and Recovery areas of the Commonwealth of Directorate, Federal Emergency SUMMARY: This is a notice of the Pennsylvania to have been affected Management Agency, Washington, DC Presidential declaration of a major adversely by this declared major 20472, (202) 646–3772. disaster for the Commonwealth of disaster: SUPPLEMENTARY INFORMATION: Notice is Pennsylvania (FEMA–1298–DR), dated The counties of Lycoming, hereby given that, in a letter dated September 22, 1999, and related Northumberland, Snyder, and Union for September 29, 1999, the President determinations. Individual Assistance. amended the cost-sharing arrangements EFFECTIVE DATE: September 22, 1999. All counties within the concerning Federal funds provided FOR FURTHER INFORMATION CONTACT: Commonwealth of Pennsylvania are under the authority of the Robert T. Madge Dale, Response and Recovery eligible to apply for assistance under the Stafford Disaster Relief and Emergency Directorate, Federal Emergency Hazard Mitigation Grant Program. Assistance Act (42 U.S.C. 51521 et seq.), Management Agency, Washington, DC (The following Catalog of Federal Domestic in a letter to James L. Witt, Director of 20472, (202) 646–3772. Assistance Numbers (CFDA) are to be used the Federal Emergency Management SUPPLEMENTARY INFORMATION: Notice is for reporting and drawing funds: 83.537, Agency, as follows: hereby given that, in a letter dated Community Disaster Loans; 83.538, Cora I have determined that the damage in September 22, 1999, the President Brown Fund Program; 83.539, Crisis certain areas of the State of North Carolina, declared a major disaster under the Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment resulting from Hurricane Floyd on September authority of the Robert T. Stafford 15, 1999, and continuing, is of sufficient Assistance (DUA); 83.542, Fire Suppression Disaster Relief and Emergency Assistance; 83.543, Individual and Family severity and magnitude that the provision of Assistance Act (42 U.S.C. 5121 et seq.), additional Federal assistance to ensure Grant (IFG) Program; 83.544, Public Assistance Grants; 83.545, Disaster Housing public health and safety is warranted under as follows: Program; 83.548, Hazard Mitigation Grant the Robert T. Stafford Disaster Relief and I have determined that the damage in Program.) Emergency Assistance Act (‘‘the Stafford certain areas of the Commonwealth of Act’’). Pennsylvania, resulting from severe flash James L. Witt, Therefore, I amend my declaration of flooding associated with Tropical Depression Director. September 15, 1999, to provide that the Dennis on September 6–7, 1999, is of [FR Doc. 99–26528 Filed 10–8–99; 8:45 am] Federal Emergency Management Agency sufficient severity and magnitude to warrant BILLING CODE 6718±02±P (FEMA) may reimburse 90 percent of the a major disaster declaration under the Robert costs of debris removal (Category A) and T. Stafford Disaster Relief and Emergency emergency protective measures (Category B) Assistance Act, Pub. L. 93–288, as amended under the Public Assistance program, (‘‘the Stafford Act’’). I, therefore, declare that FEDERAL RESERVE SYSTEM including direct Federal assistance from such a major disaster exists in the September 15, 1999 through September 18, Commonwealth of Pennsylvania. Agency information collection 1999. This adjustment of the cost share may In order to provide Federal assistance, you activities: Announcement of Board be provided to all counties under the are hereby authorized to allocate from funds approval under delegated authority emergency declaration. You may extend this available for these purposes, such amounts as and submission to OMB assistance for an additional period of time, if you find necessary for Federal disaster requested and warranted. assistance and administrative expenses. AGENCY: Board of Governors of the Please notify the Governor of North You are authorized to provide Individual Federal Reserve System Carolina and the Federal Coordinating Assistance and Hazard Mitigation in the SUMMARY Officer of this amendment to my emergency designated areas and any other forms of Background. Notice is hereby given of declaration. assistance under the Stafford Act you may the final approval of proposed

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.176 pfrm04 PsN: 12OCN1 55290 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices information collections by the Board of and must discuss the competitive effects FEDERAL RESERVE SYSTEM Governors of the Federal Reserve of the proposed transaction and how the System (Board) under OMB delegated proposed transaction would enhance Change in Bank Control Notices; authority, as per 5 CFR 1320.16 (OMB the convenience and needs of the Acquisitions of Shares of Banks or Regulations on Controlling Paperwork community to be served. Bank Holding Companies Burdens on the Public). Board-approved The Board approved several revisions The notificants listed below have collections of information are to the FR Y-1f, including clarifying the applied under the Change in Bank incorporated into the official OMB application to improve consistency with Control Act (12 U.S.C. 1817(j)) and § inventory of currently approved the FR Y-3 and other types of 225.41 of the Board’s Regulation Y (12 collections of information. Copies of the applications filed by foreign banks, CFR 225.41) to acquire a bank or bank OMB 83-Is and supporting statements deleting items not necessary for all holding company. The factors that are and approved collection of information applications of this type, and adding an considered in acting on the notices are instrument(s) are placed into OMB’s item on reserve for loan losses. Also, set forth in paragraph 7 of the Act (12 public docket files. The Federal Reserve several minor clarifications would be U.S.C. 1817(j)(7)). may not conduct or sponsor, and the made to the instructions, including the The notices are available for respondent is not required to respond elimination of any outdated references. immediate inspection at the Federal to, an information collection that has 2. Report title: Consumer Satisfaction Reserve Bank indicated. The notices been extended, revised, or implemented Questionnaire. also will be available for inspection at on or after October 1, 1995, unless it the offices of the Board of Governors. displays a currently valid OMB control Agency form number: FR 1379. Interested persons may express their number. OMB Control number: 7100-0135. views in writing to the Reserve Bank FOR FURTHER INFORMATION CONTACT: Frequency: Event-generated. indicated for that notice or to the offices Chief, Financial Reports Section--Mary Reporters: Consumers. M. West--Division of Research and of the Board of Governors. Comments Statistics, Board of Governors of the Annual reporting hours: 60 hours. must be received not later than October Federal Reserve System, Washington, Estimated average hours per response: 26, 1999. DC 20551 (202-452-3829); OMB Desk 20 minutes. A. Federal Reserve Bank of St. Louis (Randall C. Sumner, Vice President) 411 Officer--Alexander T. Hunt--Office of Number of respondents: 180 Locust Street, St. Louis, Missouri 63102- Information and Regulatory Affairs, consumers. Office of Management and Budget, 2034: Small businesses are not affected. 1. Carl J. Braun Revocable Trust, and New Executive Office Building, Room General description of report: This Carl J. Braun, as trustee, both of 3208, Washington, DC 20503 (202- information collection is voluntary (15 Waterloo, Illinois; to retain voting 395-7860). Final approval under OMB delegated U.S.C. 57 (a)(f)(1)) and is not given shares of PDR Bancshares, Inc., Prairie authority of the extension for three confidential treatment; however, some Du Rocher, Illinois, and thereby years, with revision of the following respondents may provide information indirectly retain voting shares of State reports: not specifically solicited on the form, Bank of Prairie Du Rocher, Prairie Du 1. Report title: Application for a which may be exempt from disclosure Rocher, Illinois. Foreign Organization to Become a Bank under the Freedom of Information Act B. Federal Reserve Bank of Kansas Holding Company. (5 U.S.C. 552 (b)(4), (b)(6), and (b)(7)). City (D. Michael Manies, Assistant Vice Agency form number: FR Y-1f. Abstract: The FR 1379 is used to President) 925 Grand Avenue, Kansas OMB Control number: 7100-0119. determine whether complainants are City, Missouri 64198-0001: Frequency: Event-generated. satisfied with the way the Federal 1. Piton, Ltd., and Ram’s Horn, Ltd., Reporters: Foreign Banking Reserve System handled their both of Tulsa, Oklahoma; to acquire Organizations. complaints and to solicit suggestions for additional voting shares of Sooner Annual reporting hours: 280 hours. improving the complaint-handling Southwest Bankshares, Inc., Tulsa, Estimated average hours per response: process. The revised questionnaire was Oklahoma, and thereby indirectly 70 hours. designed to collect more details related acquire additional voting shares of Number of respondents: 4 foreign to the information requested in the Security First National Bank, Hugo, banking organizations. previous questionnaire and to capture Oklahoma, and Community Bank, Small businesses are not affected. information about the demographic Bristow, Oklahoma. General description of report: This characteristics of consumers who file Board of Governors of the Federal Reserve information collection is mandatory (12 complaints about state member banks. System, October 5, 1999. U.S.C. 1842(a) and 1844(a) and (c) and Previously, the questionnaire was sent Robert deV. Frierson, by Regulation Y (12 CFR 225.5(a) and to consumers whose complaints against Associate Secretary of the Board. 225.11(f)). The information provided in state member banks were referred by the the application is not confidential [FR Doc. 99–26471 Filed 10–8–99; 8:45 am] Board of Governors to the appropriate BILLING CODE 6210±01±F unless the applicant specifically Federal Reserve Bank for resolution. requests it and the Board approves the The Board is extending distribution of request. the questionnaire to all consumers who FEDERAL RESERVE SYSTEM Abstract: Under the Bank Holding have complaints against state member Company Act, submission of this banks. Formations of, Acquisitions by, and application is mandatory for any Mergers of Bank Holding Companies company organized under the laws of a Board of Governors of the Federal Reserve foreign country seeking initial entry into System, October 1, 1999. The companies listed in this notice the United States through the Jennifer J. Johnson, have applied to the Board for approval, establishment or acquisition of a U.S. Secretary of the Board. pursuant to the Bank Holding Company subsidiary bank. Applicants provide [FR Doc. 99–26415 Filed 10–8–99; 8:45 am] Act of 1956 (12 U.S.C. 1841 et seq.) financial and managerial information Billing Code 6210±01±F (BHC Act), Regulation Y (12 CFR Part

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225), and all other applicable statutes 1. BB&T Corporation, Winston-Salem, Name: Research Agenda Subcommittee of and regulations to become a bank North Carolina; to merge with Premier the Board of Scientific Counselors. holding company and/or to acquire the Bancshares, Inc., Atlanta, Georgia, and Time and Date: 1:30 p.m.–3 p.m., October assets or the ownership of, control of, or thereby indirectly acquire Premier Bank, 22, 1999. Place: The Conference Call will originate the power to vote shares of a bank or Atlanta, Georgia; Milton National Bank, from the Agency for Toxic Substances and bank holding company and all of the Roswell, Georgia; Bank Atlanta, Decatur, Disease Registry, in Atlanta, Georgia. Please banks and nonbanking companies Georgia; and Farmers & Merchant Bank, see SUPPLEMENTARY INFORMATION for details owned by the bank holding company, Summerville, Georgia. on accessing the conference call. including the companies listed below. D. Federal Reserve Bank of St. Louis Status: Open to the public, limited only by The applications listed below, as well (Randall C. Sumner, Vice President) 411 the availability of telephone ports. as other related filings required by the Locust Street, St. Louis, Missouri 63102- Purpose: This subcommittee will advise Board, are available for immediate 2034: the Board of Scientific Counselors and the inspection at the Federal Reserve Bank 1. First Delta Bankshares, Inc., Agency on areas of emphasis and focus for indicated. The application also will be Blytheville, Arkansas; to acquire 100 the ATSDR five-year environmental public available for inspection at the offices of percent of the voting shares of The health research agenda. The subcommittee the Board of Governors. Interested Merchants and Planters Bank, Manila, will report jointly to the Board of Scientific persons may express their views in Arkansas. Counselors and the ATSDR Associate Administrator for Science. writing on the standards enumerated in 2. St. Elizabeth Bancshares, Inc., St. Matters to be Discussed: The conference the BHC Act (12 U.S.C. 1842(c)). If the Elizabeth, Missouri; to become a bank call is to finalize plans for a workshop with proposal also involves the acquisition of holding company by acquiring at least ATSDR partners and community and tribal a nonbanking company, the review also 95.0 percent of the voting shares of Bank representatives, and continue planning includes whether the acquisition of the of St. Elizabeth, St. Elizabeth, Missouri. efforts in the development of the ATSDR nonbanking company complies with the E. Federal Reserve Bank of five-year environmental public health standards in section 4 of the BHC Act Minneapolis (JoAnne F. Lewellen, research agenda. (12 U.S.C. 1843). Unless otherwise Assistant Vice President) 90 Hennepin SUPPLEMENTARY INFORMATION: This noted, nonbanking activities will be Avenue, P.O. Box 291, Minneapolis, conference call is scheduled to begin at conducted throughout the United States. Minnesota 55480-0291: 1:30 p.m., EDT. To participate in the Unless otherwise noted, comments 1. First Bancshares Corporation, conference call, please dial 1–800–713– regarding each of these applications Gladstone, Michigan; to acquire an 1971 and enter conference code 233637. must be received at the Reserve Bank additional 9.15 percent, for a total of You will then be automatically indicated or the offices of the Board of 19.9 percent, of the voting shares of connected to the call. Governors not later than November 5, Baybank Corporation, Gladstone, FOR FURTHER INFORMATION CONTACT: 1999. Michigan, and thereby indirectly Robert F. Spengler, Sc.D., Executive A. Federal Reserve Bank of Boston acquire Baybank, Gladstone, Michigan. Secretary, BSC, ATSDR, M/S E–28, 1600 (Richard Walker, Community Affairs F. Federal Reserve Bank of Dallas (W. Clifton Road, NE, Atlanta, Georgia Officer) 600 Atlantic Avenue, Boston, Arthur Tribble, Vice President) 2200 30333, telephone 404/639–0708. Massachusetts 02106-2204: North Pearl Street, Dallas, Texas 75201- The Director, Management Analysis 1. Brookline Bancorp, MHC, and 2272: and Services office has been delegated Brookline Bancorp, Inc., both of 1. Paradigm Bancorporation, Inc., the authority to sign Federal Register Brookline, Massachusetts, to acquire Houston, Texas; to acquire 100 percent notices pertaining to announcements of 24.9 percent of the voting shares of of the voting shares of Dayton State meetings and other committee Medford Bancorp, Medford, Bank, Dayton, Texas. management activities for both the Massachusetts, and thereby acquire Board of Governors of the Federal Reserve Centers for Disease Control and shares of Medford Savings Bank, System, October 5, 1999. Prevention and the Agency for Toxic Medford, Massachusetts. Robert deV. Frierson, Substances and Disease Registry. 2. Camden National Corporation, Associate Secretary of the Board. Dated: October 4, 1999. Camden, Maine; to acquire 100 percent [FR Doc. 99–26472 Filed 10–8–99; 8:45 am] of the voting shares of KSB Bancorp, Carolyn J. Russell, BILLING CODE 6210±01±F Inc., and Kingfield Savings Bank, both Director, Management Analysis and Services of Kingfield, Maine, and subsequently Office, Centers for Disease Control and Prevention. merge KSB Bancorp, Inc., with and into Camden National Corporation. DEPARTMENT OF HEALTH AND [FR Doc. 99–26484 Filed 10–8–99; 8:45 am] B. Federal Reserve Bank of New York HUMAN SERVICES BILLING CODE 4163±70±P (Betsy Buttrill White, Senior Vice President) 33 Liberty Street, New York, Agency for Toxic Substances and Disease Registry DEPARTMENT OF HEALTH AND New York 10045-0001: HUMAN SERVICES 1. Tompkins Trustco, Inc., Ithaca, Research Agenda Subcommittee of the New York; to merge with Letchworth Board of Scientific Counselors, Centers for Disease Control And Independent Bancshares Corporation, Agency for Toxic Substances and Prevention Castile, New York, and thereby Disease Registry: Conference Call [INFO±00±01] indirectly acquire shares of The Bank of Meeting Castile, Castile, New York, and The Proposed Data Collections Submitted Mahopac National Bank, Mahopac, New In accordance with section 10(a)(2) of for Public Comment and York. the Federal Advisory Committee Act Recommendations C. Federal Reserve Bank of (Pub. L. 92–463), the Agency for Toxic Richmond (A. Linwood Gill III, Substances and Disease Registry In compliance with the requirement Assistant Vice President) 701 East Byrd (ATSDR) announces the following of Section 3506 (c) (2) (A) of the Street, Richmond, Virginia 23261-4528: conference call meeting. Paperwork reduction Act of 1995, the

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Centers for Disease Control and cause of death attributed to provided by their employers. While Prevention is providing opportunity for occupational diseases in the U.S. In the most workers in the focus groups could public comment on proposed data state of Texas, 300 cases of silicosis and read either Spanish or English, there collection projects. To request more workers exposed to silica were reported were individuals who could not read information on the proposed projects or between 1990 and 1997. Among these either language. Hence, other mediums to obtain a copy of the data collection cases, construction was one of the most of communication, such as audio or plans and instruments, call the CDC frequently reported industries. Silicosis video tapes, were recommended to Reports Clearance Officer on (404) 639– was diagnosed in workers as young as reach the workers. 7090. 22 years of age, and one third of the The goal of the overall project is to Comments are invited on: (a) Whether cases were found among Hispanic increase awareness of and information the proposed collection of information workers, most of whom were diagnosed about the nature, extent, and is necessary for the proper performance with silicosis in their thirties. seriousness of silica exposure, and to of the functions of the agency, including Despite the alarming number of increase the use of appropriate whether the information shall have reports, few attempts have been made to engineering controls and respiratory practical utility; (b) the accuracy of the educate construction workers in Texas, protection among construction workers agency’s estimate of the burden of the particularly workers of Hispanic/Latino in Texas. A culturally and linguistically proposed collection of information; (c) decent. An evaluation of the outreach relevant silicosis education and ways to enhance the quality, utility, and activities conducted during the 1996 prevention program targeting clarity of the information to be National Campaign to Eliminate construction workers will be developed, collected; and (d) ways to minimize the Silicosis and the Special Emphasis implemented, and evaluated. The goal burden of the collection of information Program (SEP) for silicosis indicated of the evaluation is to determine if on respondents, including through the that no effort was undertaken to meet culturally tailored health messages are use of automated collection techniques the needs of Hispanic workers. In both more effective than non-culturally for other forms of information events, educational outreach was tailored health messages in promoting technology. Send comments to Seleda directed at the mainstream industry, changes in knowledge, attitudes, and Perryman, CDC Assistant Reports trade associations, employers, and labor behaviors. Clearance Officer, 1600 Clifton Road, unions. Yet, while some educational Information and data obtained from MS–D24, Atlanta, GA 30333. Written materials were directly translated into this evaluation will help direct future comments should be received within 60 Spanish, no special efforts were directed outreach efforts in silicosis prevention days of this notice. at Hispanic workers in the course of the among the Hispanic population. In campaign nor in the SEP. In addition, addition, results from this study will be Proposed Projects the results of 11 focus groups recently used to further current understanding of 1. Silicosis, No Mas!: Evaluation of conducted in Texas indicated that most the effects of cultural values in the Materials Used for Outreach to Hispanic Hispanic workers were unaware of design of safety and health messages, Construction Workers—New—National silicosis and most knew little about the thereby helping future development of Institute for Occupational Safety and cause and health effects of silicosis. culturally and linguistically appropriate Health (NIOSH)—Over 14,000 workers Barriers to silicosis prevention raised by occupational safety and health messages in the U.S. have died from silicosis and the focus group participants included tailored for the Hispanic population. hundreds more add to the death toll lack of knowledge about prevention and The total cost to respondents is each year. Silicosis is the third leading lack of proper protective equipment $3,366.00.

Number of re- Averge Burden Respondents Number of responses/re- per response Total burden spondents spondent (in hours) (in hours)

Construction Workers ...... 600 1 0.33 198

Total ...... 198

Dated: October 4, 1999. DEPARTMENT OF HEALTH AND Panel: Research on Laboratory Markers of Nancy Cheal, HUMAN SERVICES Recent HIV Infection, Program Announcement #00007. Acting Associate Director for Policy, Times and Dates: 8 a.m.–8:30 a.m., Planning, and Evaluation, Centers for Disease Centers for Disease Control and Prevention November 4, 1999 (Open); 8:30 a.m.–12:30 Control and Prevention (CDC). p.m., November 4, 1999 (Closed). [FR Doc. 99–26271 Filed 10–8–99; 8:45 am] Disease, Disability and Injury Place: CDC, Executive Park, Building 4, BILLING CODE 4163±18±P Conference Room 2400, Atlanta, Ga 30329. Prevention and Control Special Status: Portions of the meeting will be Emphasis Panel: Research on closed to the public in accordance with Laboratory Markers of Recent HIV provisions set forth in section 552b(c)(4) and Infection (6), Title 5 U.S.C., and the Determination of the Associate Director for Management and In accordance with section 10(a)(2) of Operations, CDC, pursuant to Public Law 92– the Federal Advisory Committee Act 463. (Pub. L. 92–463), the Centers for Disease Matters to be Discussed: The meeting will Control and Prevention (CDC) include the review, discussion, and announces the following meeting. evaluation of applications received in response to Program Announcement #00007. Name: Disease, Disability and Injury For Further Information Contact: Beth Prevention and Control Special Emphasis Wolfe, Prevention Support Office, National

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Center for HIV, STD, and TB Prevention, Persons interested in reserving a guidance on stability testing of new CDC, Corporate Square Office Park, 11 space for this meeting should call 770/ animal drugs and new dosage forms of Corporate Square Boulevard, M/S E07, 488–8189 by close of business on new animal drugs included as part of Atlanta, Georgia 30329, telephone 404/639– October 8, 1999. new animal drug applications (referred 8025, e-mail [email protected]. The Director, Management Analysis The Director, Management Analysis and to as registration applications in the Services Office, has been delegated the and Services office has been delegated guidances) submitted to the European authority to sign Federal Register Notices the authority to sign Federal Register Union, Japan, and the United States. pertaining to announcements of meetings and notices pertaining to announcements of other committee management activities, for meetings and other committee DATES: You may submit written both the Centers for Disease Control and management activities, for both the comments at anytime. Prevention and the Agency for Toxic Centers for Disease Control and ADDRESSES: Copies of the final guidance Substances and Disease Registry. Prevention and the Agency for Toxic documents entitled ‘‘Stability Testing of Dated: October 4, 1999. Substances and Disease Registry. New Veterinary Drug Substances and Carolyn J. Russell, Dated: October 4, 1999. Medicinal Products’’ (VICH GL3), Director, Management Analysis and Services Carolyn J. Russell, ‘‘Stability Testing of New Veterinary Office, Centers for Disease Control and Dosage Forms’’ (VICH GL4), and Prevention (CDC). Director, Management Analysis and Services Office, Centers for Disease Control and ‘‘Stability Testing: Photostability [FR Doc. 99–26482 Filed 10–8–99; 8:45 am] Prevention (CDC). Testing of New Veterinary Drug BILLING CODE 4163±18±P [FR Doc. 99–26483 Filed 10–8–99; 8:45 am] Substances and Medicinal Products’’ BILLING CODE 4163±18±P (VICH GL5) may be obtained on the Internet from the CVM home page at DEPARTMENT OF HEALTH AND http://www.fda.gov/cvm/fda/mappgs/ HUMAN SERVICES DEPARTMENT OF HEALTH AND vich.html. Persons without Internet Centers for Disease Control and HUMAN SERVICES access may submit written requests for Prevention single copies of the final guidance to the Food and Drug Administration Communications Staff (HFV–12), Center Meeting [Docket No. 98D±0566] for Veterinary Medicine, Food and Drug Administration, 7500 Standish Pl., Office of the Director, Centers for International Cooperation on Rockville, MD 20855. Send one self- Disease Control and Prevention (CDC), Harmonisation of Technical addressed adhesive label to assist that announces the following meeting. Requirements for Approval of office in processing your requests. Name: Guide to Community Preventive Veterinary Medicinal Products (VICH); Services (GCPS) Task Force Meeting: You may submit written comments Times and Dates: 9 a.m.–3:30 p.m., Final Guidances entitled ``Stability any time on the final guidance October 13, 1999; 8:30 a.m.–3:15 p.m., Testing of New Veterinary Drug documents to the Policy and October 14, 1999. Substances and Medicinal Products'' Regulations Team (HFV–6), Center for Place: The Sheraton Hotel Atlanta, (VICH GL3); ``Stability Testing of New Veterinary Medicine, Food and Drug Courtland and International Boulevard, Veterinary Dosage Forms'' (VICH GL4); Administration, 7500 Standish Pl., Atlanta, Georgia 30303, telephone (404) 659– ``Stability Testing: Photostability Rockville, MD 20855. 6500. Testing of New Veterinary Drug Status: Open to the public, limited only by Substances and Medicinal Products'' FOR FURTHER INFORMATION CONTACT: the space available. The meeting room accommodates approximately 40 people. (VICH GL5); Availability Regarding VICH: Sharon Thompson, Center for Veterinary Medicine Purpose: The mission of the Task Force is AGENCY: Food and Drug Administration, (HFV–3), Food and Drug to develop and publish a Guide to HHS. Community Preventive Services, which is Administration, 7500 Standish Pl., ACTION: Notice. based on the best available scientific Rockville, MD 20855, 301–594– evidence and current expertise regarding SUMMARY: The Food and Drug 1798, E-mail, essential public health services and what ‘‘[email protected]’’, or works in the delivery of those services. Administration (FDA) is announcing the Matters to be Discussed: Agenda items availability of three final guidances for Robert C. Livingston, Center for include: an overview and update on the industry entitled ‘‘Stability Testing of Veterinary Medicine (HFV–1), Food organizational changes and structure of the New Veterinary Drug Substances and and Drug Administration, 7500 Guide Activity; update on the current Medicinal Products’’ (VICH GL3), Standish Pl., Rockville, MD 20855, dissemination activities and discussion on ‘‘Stability Testing of New Veterinary 301–594–5903, E-mail, future initiatives for the Guide; coordination Dosage Forms’’ (VICH GL4), and ‘‘[email protected]’’. activities with the Clinical Guide; discussion ‘‘Stability Testing: Photostability Regarding the guidance documents: and review of the current Methods issues; Testing of New Veterinary Drug and review and discussion of Chapter William G. Marnane, Center for development progress for the Tobacco Substances and Medicinal Products’’ Veterinary Medicine (HFV–140), Prevention and Control, Cancer, Prevention (VICH GL5). These guidances have been Food and Drug Administration, of Mental Health Disorders and Motor adapted for veterinary use by the 7500 Standish Pl., Rockville, MD Vehicle Occupant Injury Chapters. International Cooperation on 20855, 301–827–6966. E-mail, Agenda items are subject to change as Harmonisation of Technical ‘‘[email protected]’’. priorities dictate. Requirements for Approval of FOR FURTHER INFORMATION CONTACT: Veterinary Medicinal Products (VICH) SUPPLEMENTARY INFORMATION: Stephanie Zaza, M.D., M.P.H., Chief, from guidances regarding I. Background CPS Guide Development Activity, pharmaceuticals for human use, which Division of Prevention Research and were adopted by the International In recent years, many important Analytic Methods, Epidemiology Conference on Harmonisation of initiatives have been undertaken by Program Office, CDC, 4770 Buford Technical Requirements for Approval of regulatory authorities, industry Highway, M/S K–73, Atlanta, Georgia Pharmaceuticals for Human Use (ICH). associations, and individual sponsors to 30341, telephone 770/488–8189. These VICH documents provide promote the international

VerDate 06-OCT-99 19:49 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm07 PsN: 12OCN1 55294 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices harmonization of regulatory Medicinal Products’’ (VICH GL5). They DEPARTMENT OF HEALTH AND requirements. FDA has participated in have been adapted for veterinary use by HUMAN SERVICES efforts to enhance harmonization and the VICH from guidances regarding has expressed its commitment to seek pharmaceuticals for human use which Food and Drug Administration scientifically based harmonized were adopted by the ICH and published [Docket No. 99D±4070] technical procedures for the in the Federal Register of September 22, development of pharmaceutical 1994 (59 FR 48753), May 9, 1997 (62 FR International Cooperation on products. One of the goals of 25634), and May 16, 1997 (62 FR Harmonisation of Technical harmonization is to identify and reduce 27115). Requirements for Registration of the differences in technical Veterinary Medicinal Products (VICH); requirements for drug development In the Federal Register of July 30, 1998 (63 FR 40721), FDA published Draft Guidance on ``Quality of among regulatory agencies. Biotechnological Products in the FDA has actively participated in the these VICH guidances in draft form, giving interested persons until August Veterinary Field: Stability Testing of ICH for several years to develop Biotechnological/Biological Products'' harmonized technical requirements for 31, 1998, to submit comments. After consideration of comments received, (VICH GL17); Availability; Request for the approval of human pharmaceutical Comments and biological products among the final draft guidances were submitted to European Union, Japan, and the United the VICH steering committee. At a AGENCY: Food and Drug Administration, States. The VICH is a parallel initiative meeting held on May 20, 1999, the VICH HHS. for veterinary pharmaceutical products. Steering Committee endorsed the three ACTION: Notice; request for comments. The VICH is concerned with developing final draft guidances for industry, VICH harmonized technical requirements for GL3, VICH GL4, and VICH GL5. SUMMARY: The Food and Drug the approval of veterinary VICH GL3 addresses the generation of Administration (FDA) is announcing the pharmaceutical products in the stability information that should be availability for comment on the draft guidance for industry entitled ‘‘Quality European Union, Japan, and the United included in submissions for new animal of Biotechnological Products in the States, and includes input from both drug applications in the European Veterinary Field: Stability Testing of regulatory and industry representatives. Union, Japan, and the United States. The VICH meetings are held under the Biotechnological/Biological Products’’ VICH GL4 is an annex to VICH GL3 and auspices of the Office International des (VICH GL17). This guidance has been supplements that document by Epizooties (OIE). During the initial adapted for veterinary use by the phase of the VICH, an OIE providing specific guidance on what International Cooperation on representative chairs the VICH Steering should be submitted regarding stability Harmonisation of Technical Committee. of new dosage forms by the new animal Requirements for Registration of The VICH Steering Committee is drug applicant, after the original Veterinary Medicinal Products (VICH) composed of member representatives submission of stability information from a guidance regarding from the European Commission, made in a new animal drug application. pharmaceuticals for human use which European Medicines Evaluation Agency; VICH GL5 is also an annex to VICH GL3 was adopted by the International European Federation of Animal Health; and supplements that document by Conference on Harmonisation of Committee on Veterinary Medicinal providing guidance on basic protocol for Technical Requirements for Registration Products; the U.S. FDA; the U.S. photostability testing for new animal of Pharmaceuticals for Human Use Department of Agriculture; the Animal drugs. These guidances will be (ICH). This draft VICH document is Health Institute; the Japanese Veterinary implemented in May of 2000. intended to provide guidance to Pharmaceutical Association; the These guidances represent the FDA’s applicants regarding the stability studies Japanese Association of Veterinary current thinking on stability testing of that should be conducted and the Biologics; and the Japanese Ministry of new animal drugs and new dosage stability data that should be provided in Agriculture, Forestry and Fisheries. forms of new animal drugs. They do not support of new animal drug Two observers are eligible to create or confer any rights for or on any applications (NADA’s) (referred to as participate in the VICH Steering person and does not operate to bind marketing applications in the draft Committee: one representative from the FDA or the public. You may use guidance) for veterinary government of Australia/New Zealand, alternative methods as long as they biotechnological/biological products and one representative from the satisfy the requirements of applicable that are regulated by FDA. industry in Australia/New Zealand. The statute and regulation. DATES: Submit written comments by VICH Secretariat, which coordinates the November 12, 1999. preparation of documentation, is As with all of FDA’s guidances, the provided by the Confederation public is encouraged to submit written ADDRESSES: Send written comments to Mondiale de L’Industrie de la Sante comments with new data or other new the Dockets Management Branch (HFA– Animale (COMISA). A COMISA information pertinent to these 305), Food and Drug Administration, representative also participates in the guidances. The comments in the docket 5630 Fishers Lane, rm. 1061, Rockville, VICH Steering Committee meetings. will be periodically reviewed, and, MD 20852. Comments should be where appropriate, the guidances will identified with the full title of the draft II. Guidance on Stability Testing be amended. The public will be notified guidance document and the docket These three guidances are entitled of any such amendments through a number found in the heading of this ‘‘Stability Testing of New Veterinary notice in the Federal Register. document. Drug Substances and Medicinal Dated: September 30, 1999. Copies of the draft guidance Products’’ (VICH GL3), ‘‘Stability document entitled ‘‘Quality of Testing of New Veterinary Dosage Margaret M. Dotzel, Biotechnological Products in the Forms’’ (VICH GL4), and ‘‘Stability Acting Associate Commissioner for Policy. Veterinary Field: Stability Testing of Testing: Photostability Testing of New [FR Doc. 99–26501 Filed 10-8-99; 8:45 am] Biotechnological/Biological Products’’ Veterinary Drug Substances and BILLING CODE 4160±01±F (VICH GL17) may be obtained on the

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Internet from the CVM home page at The VICH meetings are held under the The products are particularly sensitive ‘‘http://www.fda.gov/cvm/fda/TOCs/ auspices of the Office International des to environmental factors such as guideline.html’’. Persons without E´ pizooties (OIE). The VICH Steering temperature changes, oxidation, light, Internet access may submit written Committee is composed of member ionic content, and shear. In order to requests for single copies of the draft representatives from the European ensure maintenance of biological guidance to the Communications Staff Commission; the European Medicines activity and to avoid degradation, (HFV–12), Center for Veterinary Evaluation Agency; the European stringent conditions for their storage are Medicine, Food and Drug Federation of Animal Health; usually necessary. Administration, 7500 Standish Pl., Committee on Veterinary Medicinal Rockville, MD 20855. Send one self- Products; the U.S. FDA; the U.S. Comments about this draft guidance addressed adhesive label to assist that Department of Agriculture; the Animal document will be considered by the office in processing your requests. Health Institute; the Japanese Veterinary FDA and the VICH Quality Working FOR FURTHER INFORMATION CONTACT: Pharmaceutical Association; the Group. Ultimately, FDA intends to Regarding VICH: Sharon R. Japanese Association of Veterinary adopt the VICH Steering Committee’s Thompson, Center for Veterinary Biologics; and the Japanese Ministry of final guidance and publish it as future Medicine (HFV–3), Food and Drug Agriculture, Forestry and Fisheries. guidance. Administration, 7500 Standish Pl., Two observers are eligible to This draft guidance document has Rockville, MD 20855, 301–594– participate in the VICH Steering been revised to conform to FDA’s good Committee: One representative from the 1798, e-mail guidance practices (62 FR 8961, Government of Australia/New Zealand, ‘‘[email protected]’’, or February 27, l997) . For example, the Robert C. Livingston, Center for and one representative from the document has been designated Veterinary Medicine (HFV–1), Food industry in Australia/New Zealand. The and Drug Administration, 7500 VICH Secretariat, which coordinates the ‘‘guidance’’ rather than ‘‘guideline.’’ Standish Pl., Rockville, MD 20855, preparation of documentation, is Because guidance documents are not 301–594–5903, e mail provided by the Confe´de´ration binding, mandatory words such as ‘‘[email protected]’’. Mondiale de L’Industrie de la Sante´ ‘‘must,’’ ‘‘shall,’’ and ‘‘will’’ in the Regarding the guidance document: Animale (COMISA). A COMISA original VICH documents have been William G. Marnane, Center for representative participates in the VICH substituted with ‘‘should.’’ Veterinary Medicine (HFV–140), Steering Committee meetings. This draft guidance represents the Food and Drug Administration, II. Guidance on Stability Testing of agency’s current thinking on stability 7500 Standish Pl., Rockville, MD Biotechnological/Biological Products testing of veterinary biotechnological/ 20855, 301–827–6966, e-mail This draft guidance entitled ‘‘Quality biological products. The document does ‘‘[email protected]’’. not create or confer any rights for or on SUPPLEMENTARY INFORMATION: of Biotechnological Products in the Veterinary Field: Stability Testing of any person and will not operate to bind I. Background Biotechnological/Biological Products’’ FDA or the public. You may use In recent years, many important (VICH GL17), has been adapted for alternate methods as long as they satisfy initiatives have been undertaken by veterinary use by the VICH from a the requirements of the applicable regulatory authorities, industry guidance regarding pharmaceuticals for statute and regulation. associations, and individual sponsors to human use which was adopted by the III. Comments promote the international ICH and published in the Federal harmonization of regulatory Register of July 10, 1996 (61 FR 36466). General comments are welcome at any requirements. FDA has participated in At a meeting held on May 18 through time, however, in order to ensure efforts to enhance harmonization and 20, 1999, the VICH Steering Committee consideration at the next meeting, has expressed its commitment to seek agreed that VICH GL17 should be made interested persons should submit scientifically based harmonized available for public comment. written comments on or before technical requirements for the This draft guidance document is November 12, 1999, to the Dockets development of pharmaceutical intended to provide guidance to Management Branch (address above) products. One of the goals of applicants regarding the stability studies regarding this draft guidance document. harmonization is to identify and reduce that should be conducted and the the differences in technical stability data that should be provided in Two copies of any comments are to be requirements for drug development support of NADA’s for veterinary submitted, except that individuals may among regulatory agencies in different biotechnological/biological products submit one copy. Comments should be countries. that are regulated by FDA. It is intended identified with the docket number FDA has actively participated in the to supplement the tripartite VICH GL3 found in brackets in the heading of this ICH for several years to develop guidance entitled ‘‘Stability Testing of document. A copy of the draft guidance harmonized technical requirements for New Veterinary Drug Substances and document and received comments are the approval of human pharmaceutical Medicinal Products.’’ Biotechnological/ available for public examination in the and biological products among the biological products have distinguishing Dockets Management Branch between 9 European Union, Japan, and the United characteristics to which consideration a.m. and 4 p.m., Monday through States. The VICH is a parallel initiative should be given in any well-defined Friday. for veterinary medicinal products. The testing program designed to confirm Dated: September 30, 1999. VICH is concerned with developing their stability during the intended harmonized technical requirements for storage period. For such products, in Margaret M. Dotzel, the approval of veterinary medicinal which the active components are Acting Associate Commissioner for Policy. products in the European Union, Japan, typically proteins and/or polypeptides, [FR Doc. 99–26502 Filed 10–8–99; 8:45 am] and the United States, and includes maintenance of molecular conformation BILLING CODE 4160±01±F input from both regulatory and industry and biological activity is dependent on representatives. noncovalent as well as covalent forces.

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DEPARTMENT OF HEALTH AND draft guidance to the Communications Evaluation Agency; the European HUMAN SERVICES Staff (HFV–12), Center for Veterinary Federation of Animal Health; the Medicine, Food and Drug Committee on Veterinary Medicinal Food and Drug Administration Administration, 7500 Standish Pl., Products; the U.S. FDA; the U.S. [Docket No. 99D±4071] Rockville, MD 20855. Send one self- Department of Agriculture; the Animal addressed adhesive label to assist that Health Institute; the Japanese Veterinary International Cooperation on office in processing your requests. Pharmaceutical Association; the Harmonisation of Technical FOR FURTHER INFORMATION CONTACT: Japanese Association of Veterinary Requirements for Registration of Regarding VICH: Sharon R. Biologics; and the Japanese Ministry of Veterinary Medicinal Products (VICH); Thompson, Center for Veterinary Agriculture, Forestry, and Fisheries. VICH GL18 Draft Guidance on Medicine (HFV–3), Food and Drug Two observers are eligible to ``Impurities: Residual Solvents;'' Administration, 7500 Standish Pl., participate in the VICH Steering Availability; Request for Comments Rockville, MD 20855, 301–594– Committee: One representative from the 1798, e-mail: Government of Australia/New Zealand, AGENCY: Food and Drug Administration, ‘‘[email protected]’’, or and one representative from the HHS. Robert C. Livingston, Center for industry in Australia/New Zealand. The ACTION: Notice; request for comments. Veterinary Medicine (HFV–1), Food VICH Secretariat, which coordinates the and Drug Administration, 7500 preparation of documentation, is SUMMARY: The Food and Drug Standish Pl., Rockville, MD 20855, provided by the Confe´de´ration Administration (FDA) is announcing the 301–594–5903, e-mail: Mondiale de L’Industrie de la Sante´ availability for comment of the ‘‘[email protected]’’. Animale (COMISA). A COMISA following VICH GL18 draft guidance for Regarding the draft guidance: Kevin J. representative participates in the VICH industry entitled ‘‘Impurities: Residual Greenlees, Center for Veterinary Steering Committee meetings. Medicine (HFV–150), Food and Solvents.’’ This draft guidance has been II. Guidance on Acceptable Amounts Drug Administration, 7500 Standish adapted for veterinary use by the for Residual Solvents International Cooperation on Pl., Rockville, MD 20855, 301–827– Harmonisation of Technical 6977, e-mail: This VICH GL18 draft guidance Requirements for Registration of ‘‘[email protected]’’. entitled ‘‘Impurities: Residual Solvents’’ Veterinary Medicinal Products (VICH) SUPPLEMENTARY INFORMATION: has been adapted for veterinary use by the VICH from a guidance regarding from an identically titled guidance I. Background regarding pharmaceuticals for human pharmaceuticals for human use which In recent years, many important use, which was adopted by the was adopted by the ICH and published initiatives have been undertaken by International Conference on in the Federal Register of December 24, regulatory authorities, industry Harmonisation of Technical 1997 (62 FR 67377). At a meeting held associations, and individual sponsors to Requirements for Registration of on May 18 through 20, 1999, the VICH promote the international Pharmaceuticals for Human Use (ICH). Steering Committee agreed that VICH harmonization of regulatory This draft guidance is intended to GL18 should be made available for requirements. FDA has participated in recommend acceptable amounts of public comment. efforts to enhance harmonization and This draft guidance is intended to residual solvents in new animal drugs has expressed its commitment to seek recommend acceptable amounts for (referred to as pharmaceuticals or scientifically based harmonized residual solvents in new animal drugs veterinary medicinal products in the technical requirements for the for the safety of the target animal as well draft guidance) for the safety of the development of pharmaceutical as for the safety of residues in products target animal as well as for the safety of products. One of the goals of derived from treated food-producing residues in products derived from harmonization is to identify and reduce animals. Comments about this draft treated food-producing animals. It is the differences in technical guidance will be considered by FDA intended to assist in developing new requirements for drug development and the VICH Quality Working Group. animal drug applications (referred to as among regulatory agencies in different Ultimately, FDA intends to adopt the marketing applications in the draft countries. VICH Steering Committee’s final guidance) submitted to the European FDA has actively participated in the guidance and publish it as a future Union, Japan, and the United States. ICH for several years to develop guidance. DATES: Submit written comments by harmonized technical requirements for This document, developed under the November 12, 1999. the approval of human pharmaceutical VICH process, has been revised to ADDRESSES: Submit written comments and biological products among the conform to FDA’s good guidance to the Dockets Management Branch European Union, Japan, and the United practice regulations (62 FR 8961, (HFA–305), Food and Drug States. The VICH is a parallel initiative February 27, l997). For example, the Administration, 5630 Fishers Lane, rm. for new animal drugs. The VICH is document has been designated 1061, Rockville, MD 20852. Comments concerned with developing harmonized ‘‘guidance’’ rather than ‘‘guideline.’’ should be identified with the full title technical requirements for the approval Since guidance documents are not of the draft guidance and the docket of new animal drugs in the European binding, mandatory words such as number found in brackets in the Union, Japan, and the United States, ‘‘must,’’ ‘‘shall,’’ and ‘‘will’’ in the heading of this document. and includes input from both regulatory original VICH document have been Copies of the draft guidance entitled and industry representatives. substituted with ‘‘should’’ unless the ‘‘Impurities: Residual Solvents’’ may be The VICH meetings are held under the reference is to a statutory or regulatory obtained on the internet from the CVM auspices of the Office International des requirement. home page at http://www.fda.gov/cvm/ E´ pizooties. The VICH Steering This draft guidance represents the fda/TOCs/guideline.html. Persons Committee is composed of member agency’s current thinking on acceptable without internet access may submit representatives from the European amounts of residual solvents in new written requests for single copies of the Commission; the European Medicines animal drugs. The document does not

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Comments 93.393, Cancer Cause and Prevention Dates: October 4, 1999. General comments are welcome at any Research; 93.394, Cancer Detection and LaVerne Y. Stringfield, Diagnosis Research; 93.395, Cancer time, however, in order to ensure Director, Office of Federal Advisory Treatment Research; 93.396, Cancer Biology Committee Policy. consideration at the next meeting, Research; 93.397, Cancer Centers Support; interested persons should submit 93.398, Cancer Research Manpower; 93.399, [FR Doc. 99–26473 Filed 10–8–99; 8:45 am] written comments by November 12, Cancer Control, National Institutes of Health, BILLING CODE 4140±01±M 1999, to the Dockets Management HHS) Branch (address above) regarding this Dated: September 30, 1999. DEPARTMENT OF HEALTH AND draft guidance. Two copies of any Nancy Middendorf, HUMAN SERVICES comments are to be submitted, except Acting Director, Office of Federal Advisory that individuals may submit one copy. Committee Policy. National Institutes of Health Comments should be identified with the [FR Doc. 99–26477 Filed 10–8–99; 8:45 am] docket number found in brackets in the BILLING CODE 4140±01±M National Institute of Child Health and heading of this document. A copy of the Human Development; Notice of Closed document and received comments are Meeting available for public examination in the DEPARTMENT OF HEALTH AND Dockets Management Branch between 9 HUMAN SERVICES Pursuant to section 10(d) of the a.m. and 4 p.m., Monday through Federal Advisory Committee Act, as Friday. National Institutes of Health amended (5 U.S.C. appendix 2), notice Dated: September 30, 1999. is hereby given of the following National Institute of Child Health and meeting. Margaret M. Dotzel, Human Development; Notice of Closed The meeting will be closed to the Acting Associate Commissioner for Policy. Meeting public in accordance with the [FR Doc. 99–26503 Filed 10–8–99; 8:45 am] provisions set forth in sections BILLING CODE 4160±01±F Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice the discussions could disclose DEPARTMENT OF HEALTH AND is hereby given of the following confidential trade secrets or commercial HUMAN SERVICES meeting. property such as patentable material, The meeting will be closed to the National Institutes of Health and personal information concerning public in accordance with the individuals associated with the grant provisions set forth in sections National Cancer Institute; Notice of applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Closed Meeting would constitute a clearly unwarranted as amended. The grant applications and invasion of personal privacy. Pursuant to Section 10(d) of the the discussions could disclose Federal Advisory Committee Act, as confidential trade secrets or commercial Name of Committee: National Institute of property such as patentable material, Child Health and Human Development Initial amended (5 U.S.C. Appendix 2), notice Review Group, Medical Rehabilitation is hereby given of the following and personal information concerning Research Subcommittee. meeting. individuals associated with the grant Date: October 29, 1999. The meeting will be closed to the applications, the disclosure of which Time: 8:00 AM to 5:00 PM. public in accordance with the would constitute a clearly unwarranted Agenda: To review and evaluate grant provisions set forth in sections invasion of personal privacy. applications. Place: Marriott Pooks Hill, 5151 Pooks Hill 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of Road, Bethesda, MD 20814. as amended. The grant applications and Child Health and Human Development Contact Person: Anne Krey, Scientific the discussions could disclose Special Emphasis Panel, Training Grants Review Administrator, Division of Scientific confidential trade secrets or commercial Special Emphasis Panel. Review: National Institute of Child Health Date: October 19–20, 1999. property such as patentable material, and Human Development, National Institutes Time: 3:30 PM to 5:30 PM. and personal information concerning of Health, 6100 Executive Blvd., Rm 5E03, Agenda: To review and evaluate grant individuals associated with the grant Bethesda, MD 20892, 301–435–6908. applications, the disclosure of which applications. Place: Bethesda Ramada, 8400 Wisconsin (Catalogue of Federal Domestic Assistance would constitute a clearly unwarranted Ave., Bethesda, MD 20814. Program Nos. 93.209, Contraception and invasion of personal privacy. Contact Person: Gopal M. Bhatnagar, PHD, Infertility Loan Repayment Program; 93.864, Name of Committee: National Cancer Scientific Review Administrator, Division of Population Research; 93.865, Research for Institute Special Emphasis Panel, Breast Scientific Review, National Institute of Child Mothers and Children; 93.929, Center for Cancer Surveillance Consortium Expansion. Health and Human Development, National Medical Rehabilitation Research, National Date: November 1–2, 1999. Institutes of Health, PHS, DHHS, 9000 Institutes of Health, HHS) Time: 7:00 PM to 5:00 PM. Rockville Pike, 6100 Bldg., Room 5E01, Dated: October 4, 1999. Agenda: To review and evaluate grant Bethesda, MD 20892, (301) 496–1485. LaVerne Y. Stringfield, applications. Director, Office of Federal Advisory Place: Double Tree Hotel, 1750 Rockville This Notice is being published less Committee Policy. Pike, Rockville, MD 20853. than 15 days prior to the meeting due Contact Person: Rashmi Gopal, PHD, to the timing limitations imposed by the [FR Doc. 99–26474 Filed 10–8–99; 8:45 am] Scientific Review Administrator, Office of review and funding cycle. BILLING CODE 4140±01±M

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DEPARTMENT OF HEALTH AND Disorders Research, National Institutes of DEPARTMENT OF HEALTH AND HUMAN SERVICES Health, HHS). HUMAN SERVICES Dated: October 4, 1999. National Institutes of Health LaVerne Y. Stringfield, National Institutes of Health Director, Office of Federal Advisory National Institute of Dental & Committee Policy. Center for Scientific Review; Notice of Craniofacial Research; Notice of [FR Doc. 99–26475 Filed 10–8–99; 8:45 am] Closed Meetings Closed Meetings BILLING CODE 4140±01±M Pursuant to section 10(d) of the Pursuant to section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND is hereby given of the following is hereby given of the following HUMAN SERVICES meetings. meetings. The meetings will be closed to the National Institutes of Health The meetings will be closed to the public in accordance with the public in accordance with the National Institute of Child Health and provisions set forth in sections provisions set forth in sections Human Development; Notice of Closed 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), title 5 U.S.C. Meeting as amended. The grant applications and as amended. The grant applications and the discussions could disclose the discussions could disclose Pursuant to section 10(d) of the confidential trade secrets or commercial confidential trade secrets or commercial Federal Advisory Committee Act, as property such as patentable material, property such as patentable material, amended (5 U.S.C. Appendix 2), notice and personal information concerning and personal information concerning is hereby given of the following individuals associated with the grant individuals associated with the grant meeting. applications, the disclosure of which applications, the disclosure of which The meeting will be closed to the would constitute a clearly unwarranted would constitute a clearly unwarranted public in accordance with the invasion of personal privacy. provisions set forth in sections invasion of personal privacy. Name of Committee: Center for Scientific Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Special Emphasis Panel. Dental Research Special Emphasis Panel 00– as amended. The grant applications and Date: October 12–13, 1999. 06, Review of R01. the discussions could disclose Time: 8:30 AM to 5:00 PM. Date: November 19, 1999. confidential trade secrets or commercial Agenda: To review and evaluate grant Time: 10:00 AM to 11:30 AM property such as patentable material, applications. Agenda: To review and evaluate grant and personal information concerning Place: The Doyle Hotel, 1500 New applications. individuals associated with the grant Hampshire Avenue, N.W., Washington, DC Place: Natcher Building, Rm. 4AN44F, applications, the disclosure of which 20036. Bethesda, MD 20892, (Telephone Conference would constitute a clearly unwarranted Contact Person: Syed Husain, PHD, Call). Scientific Review Administrator, Center for Contact Person: H. George Hausch, PHD, invasion of personal privacy. Scientific Review, National Institutes of Chief, 4500 Center Drive, Natcher Building, Name of Committee: National Institute of Health, 6701 Rockledge Drive, Room 5216, Rm. 4AN44F, National Institutes of Health, Child Health and Human Development Initial MSC 7850, Bethesda, MD 20892–7850, (301) Bethesda, MD 20892, (301) 594–2372. Review Group, Maternal and Child Health 435–1224. Name of Committee: National Institute of Research Subcommittee, Maternal and Child This notice is being published less Dental Research Special Emphasis Panel 00– Health Research Subcommittee. than 15 days prior to the meeting due 13, Review of R01 Grant. Date: October 19, 1999. to the timing limitations imposed by the Date: November 19, 1999. Time: 8:30 a.m. to 3:30 p.m. Time: 1:00 PM to 2:00 PM. Agenda: To review and evaluate grant review and funding cycle. Agenda: To review and evaluate grant applications. Name of Committee: Center for Scientific applications. Place: Bethesda Ramada, 8400 Wisconsin Review Special Emphasis Panel. Place: Natcher Building, Rm. 4AN44F, Ave, Bethesda, MD 20814. Date: October 14–15, 1999. Bethesda, MD 20892, (Telephone Conference Contact Person: Gopal M. Bhatnagar, PhD., Time: 9:30 AM to 10:30 AM. Call). Scientific Review Administrator, National Agenda: To review and evaluate grant Contact Person: Philip Washko, PHD, Institute of Child Health and Human applications. DMD, Scientific Review Administrator, 4500 Development, National Institutes of Health, Place: Georgetown Suites, 1111 30th Street, Center Drive, Natcher Building, Rm. 4AN44F, PHS, DHHS, Bethesda, MD 20892. NW, Washington, DC 20007. National Institutes of Health, Bethesda, MD This notice is being published less Contact Person: Cheri Wiggs, PHD, 20892, (301) 594–2372. than 15 days prior to the meeting due Scientific Review Administrator, Center for Name of Committee: National Institute of Scientific Review, National Institutes of Dental Research Special Emphasis Panel 00– to the timing limitations imposed by the Health, 6701 Rockledge Drive, Room 3180, 11, P01 Review. review and funding cycle. MSC 7848, Bethesda, MD 20892, (301) 435– Date: November 23, 1999. (Catalogue of Federal Domestic Assistance 8367. Time: 1:00 PM to 3:00 PM. Program Nos. 93.209, Contraception and This notice is being published less Agenda: To review and evaluate grant Infertility Loan Repayment Program; 93.864, than 15 days prior to the meeting due applications. Population Research; 93.865, Research for Place: Natcher Building, Rm. 4AN44F, Mothers and Children; 93.929, Center for to the timing limitations imposed by the Bethesda, MD 20892, (Telephone Conference Medical Rehabilitation Research, National review and funding cycle. Call). Institutes of Health, HHS) Name of Committee: Center for Scientific Contact Person: Philip Washko, PHD, Dated: October 4, 1999. Review Special Emphasis Panel. DMD, Scientific Review Administrator, 4500 LaVerne Y. Stringfield, Date: October 15, 1999. Center Drive, Natcher Building, Rm. 4AN44F, Time: 3:00 PM to 5:00 PM. Director, Office of Federal Advisory National Institutes of Health, Bethesda, MD Agenda: To review and evaluate grant Committee Policy. 20892, (301) 594–2372. applications. (Catalogue of Federal Domestic Assistance [FR Doc. 99–26478 Filed 10–8–99; 8:45 am] Place: NIH, Rockledge 2, Bethesda, MD Programs Nos. 93.121, Oral Disease and BILLING CODE 4140±01±M 20892, (Telephone Conference Call).

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Contact Person: Paul K. Strudler, PhD, Time: 5:00 PM to 8:00 PM. Date: October 20–21, 1999. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Time: 8:30 AM to 5:30 PM. Scientific Review, National Institutes of applications. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4100, Place: St. James Hotel, 950 24th Street, applications. MSC 7804, Bethesda, MD 20892, (301) 435– NW, Washington, DC 20037. Place: Embassy Suites Hotel, The Chevy 1716. Contact Person: Lee Rosen, PhD, Scientific Chase Pavilion, 4300 Military Road NW, Review Administrator, Center for Scientific This notice is being published less Wisconsin at Western Avenue, Washington, Review, National Institutes of Health, 6701 DC 20015. than 15 days prior to the meeting due Rockledge Drive, Room 5116, MSC 7854, Contact Person: Paul K. Strudler, PhD, to the timing limitations imposed by the Bethesda, MD 20892, (301) 435–1171, Scientific Review Administrator, Center for review and funding cycle. Irosen@csr/nih.gov. Scientific Review, National Institutes of Name of Committee: Surgery, Radiology This notice is being published less Health, 6701 Rockledge Drive, Room 4100, and Bioengineering Initial Review Group, than 15 days prior to the meeting due MSC 7804, Bethesda, MD 20892, (301) 435– 1716. Diagnostic Radiology Study Section. to the timing limitations imposed by the Date: October 19–20, 1999. review and funding cycle. This notice is being published less Time: 8:00 AM to 4:00 PM. than 15 days prior to the meeting due Name of Committee: Center for Scientific Agenda: To review and evaluate grant to the timing limitations imposed by the applications. Review Special Emphasis Panel. Place: St. James Hotel, 950 24th Street, Date: October 19, 1999. review and funding cycle. NW, Washington, DC 20037. Time: 12:00 PM to 1:00 PM. Name of Committee: Immunological Contact Person: Eileen W. Bradley, DSC, Agenda: To review and evaluate grant Sciences Initial Review Group, Scientific Review Administrator, Center for applications. Immunological Sciences Study Section. Scientific Review, National Institutes of Place: Hotel Durant, 2600 Durant Avenue, Date: October 21–22, 1999. Health, 6701 Rockledge Drive, Room 5120, Berkeley, CA 94704. Time: 8:00 AM to 3:00 PM. MSC 7854, Bethesda, MD 20892, (301) 435– Contact Person: Camilla E. Day, PhD, Agenda: To review and evaluate grant 1179. Scientific Review Administrator, Center for applications. Scientific Review, National Institutes of Place: Wyndham Bristol Hotel, 2430 This notice is being published less Health, 6701 Rockledge Drive, Room 2208, than 15 days prior to the meeting due Pennsylvania Ave, NW, Washington, DC MSC 7890, Bethesda, MD 20892, (301) 435– 20037. to the timing limitations imposed by the 1037, [email protected]. Contact Person: Alexander D. Politis, PhD, review and funding cycle. This notice is being published less Scientific Review Administrator, Center for Name of Committee: Endocrinology and than 15 days prior to the meeting due Scientific Review, National Institutes of Reproductive Sciences Initial Review Group, to the timing limitations imposed by the Health, 6701 Rockledge Drive, Room 4204, Endocrinology Study Section. review and funding cycle. MSC 7812, Bethesda, MD 20892, (301) 435– Date: October 19–20, 1999. 1225. Time: 8:30 AM to 4:30 PM. Name of Committee: Health Promotion and Name of Committee: Biophysical and Agenda: To review and evaluate grant Disease Prevention Initial Review Group, Chemical Sciences Initial Review Group, Alcohol and Toxicology Subcommittee 1. applications. Biophysical Chemistry Study Section. Date: October 20–21, 1999. Place: Chevy Chase Holiday Inn, 5520 Date: October 21–22, 1999. Time: 8:00 AM to 5:00 PM. Wisconsin Ave., Chevy Chase, MD 20815. Time: 8:00 AM to 5:00 PM. Agenda: To review and evaluate grant Contact Person: Syed M. Amir, PhD, Agenda: To review and evaluate grant applications. Scientific Review Administrator, Center for Place: Holiday Inn, 5520 Wisconsin applications. Scientific Review, National Institutes of Avenue, Chevy Chase, MD 20815. Place: Ramada Inn, 1775 Rockville Pike, Health, 6701 Rockledge Drive, Room 6168, Contact Person: Russell T. Dowell, PhD, Rockville, MD 20852. MSC 7892, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Contact Person: Donald Schneider, PhD, 1043, [email protected]. Scientific Review, National Institutes of Scientific Review Administrator, Center for This notice is being published less Health, 6701 Rockledge Drive, Room 4118, Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4172, than 15 days prior to the meeting due MSC 7818, Bethesda, MD 20892, (301) 435– 1169, [email protected]. MSC 4172, Bethesda, MD 20892, (301) 435– to the timing limitations imposed by the 1727. review and funding cycle. This notice is being published less Name of Committee: Center for Scientific Name of Committee: Cardiovascular than 15 days prior to the meeting due Review Special Emphasis Panel ZRG1– Sciences Initial Review Group, Pathology A to the timing limitations imposed by the BDCN–1 (01)S Study Section. review and funding cycle. Date: October 21–22, 1999. Date: October 19–20, 1999. Name of Committee: Infectious Diseases Time: 8:00 AM to 5:00 PM. Time: 8:30 AM to 5:00 PM. and Microbiology Initial Review Group, Agenda: To review and evaluate grant Agenda: To review and evaluate grant Microbial Physiology and Genetics applications. applications. Subcommittee 2. Place: Riande Continental Miami Beach Place: Embassy Suites at the Chevy Chase Date: October 20–21, 1999. Hotel, 1825 Collins Avenue, Miami Beach, Pavilion, 4300 Military Road, NW, Time: 8:30 AM to 5:00 PM. FL 33139. Washington, DC 20015. Agenda: To review and evaluate grant Contact Person: Joe Marwah, PhD, Contact Person: Larry Pinkus, PhD, applications. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Place: Rona L. Hirschberg, PhD, Scientific Scientific Review, National Institutes of Scientific Review, National Institutes of Review Administrator, Center for Scientific Health, 6701 Rockledge Drive, Room 5188, Health, 6701 Rockledge Drive, Room 4132, Review, National Institutes of Health, 6701 MSC 7846, Bethesda, MD 20892, (301) 435– MSC 7802, Bethesda, MD 20892, (301) 435– Rockledge Drive, Room 4186, MSC 7808, 1253. 1214. Bethesda, MD 20892, (301) 435–1150. Name of Committee: Biochemical Sciences This notice is being published less This notice is being published less Initial Review Group, Biochemistry Study than 15 days prior to the meeting due than15 days prior to the meeting due to Section. to the timing limitations imposed by the the timing limitations imposed by the Date: October 21–22, 1999. Time: 8:30 AM to 5:00 PM. review and funding cycle. review and funding cycle. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Name of Committee: Oncological Sciences applications. Review Special Emphasis Panel. Initial Review Group, Radiation Study Place: Hotel Sofitel, 1914 Connecticut Ave, Date: October 19, 1999. Section. NW, Washington, DC 20009.

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Contact Person: Chhanda L. Ganguly, PhD, Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4148, Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 4210, MSC 7804, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of MSC 7812, Bethesda, MD 20892, (301) 435– 1718, [email protected]. Health, 6701 Rockledge Drive, Room 5156, 1221. Name of Committee: Center for Scientific MSC 7842, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific Review Special Emphasis Panel, ZRG1– 1739. Review Special Emphasis Panel. BDCN–2 (01)S. Name of Committee: Center for Scientific Date: October 21–22, 1999. Date: October 21–22, 1999. Review Special Emphasis Panel Time: 8:30 AM to 5:00 PM. Time: 8:30 AM to 5:00 PM. Date: October 21–22, 1999. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Time: 8:30 AM to 5:00 PM. applications. applications. Agenda: To review and evaluate grant Place: DoubleTree Hotel, 1750 Rockville Place: Riande Continental Miami Beach applications. Pike, Rockville, MD 20852. Hotel, 1825 Collins Avenue, Miami Beach, Place: Clarion Hampshire Hotel, 1310 New Contact Person: Mary Sue Krause, MEDS, FL 33139. Hampshire Ave, NW, Washington, DC 20036. Scientific Review Administrator, Center for Contact Person: Herman Teitelbaum, Contact Person: Jay Joshi, PhD, Scientific Scientific Review, National Institutes of PhdD, Scientific Review Administrator, Review Administrator, Center for Scientific Health, 6701 Rockledge Drive, Room 3168, Center for Scientific Review, National Review, National Institutes of Health, 6701 MSC 7848, Bethesda, MD 20892, (301) 435– Institutes of Health, 6701 Rockledge Drive, Rockledge Drive, Room 5184, MSC 7846, 0681. Room 5190, MSC 7846, Bethesda, MD 20892, Bethesda, MD 20892, (301) 435–1184. Name of Committee: Biophysical and (301) 435–1254. Name of Committee: Center for Scientific Chemical Sciences Initial Review Group, Name of Committee: Biophysical and Review Special Emphasis Panel Metallobiochemistry Study Section. Chemical Sciences Initial Review Group, Bio- Date: October 21–22, 1999. Date: October 21–22, 1999. Organic and Natural Products Chemistry Time: 8:30 AM to 5:00 PM. Time: 8:30 AM to 6:00 PM. Study Section. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Date: October 21–22, 1999. applications. applications. Time: 9:00 AM to 5:00 PM. Place: DoubleTree Hotel, 2649 S. Bayshore Place: River Inn, 924 25th Street, NW, Agenda: To review and evaluate grant Drive, Miami, FL 33133. Washington, DC 20037. applications. Contact Person: Mary Custer PhD, Contact Person: John L. Bowers, PhD, Place: Holiday Inn—Silver Spring, 8777 Scientific Review Administrator, Center for Scientific Review Administrator, Center for Georgia Avenue, Silver Spring, MD 20910. Scientific Review, National Institutes of Scientific Review, National Institutes of Contact Person: Mike Radtke, MHD, Health, 6701 Rockledge Drive, Room 5102, Health, 6701 Rockledge Drive, Room 4168, Scientific Review Administrator, Center for MSC 7850, Bethesda, MD 20892, (301) 435– MSC 7806, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of 1164. 1725. Health, 6701 Rockledge Drive, Room 4176, Name of Committee: Molecular, Cellular Name of Committee: Infectious Diseases MSC 7806, Bethesda, MD 20892, 301–435– and Developmental Neuroscience Initial and Microbiology Initial Review Group, 1728, [email protected]. Review Group, Visual Sciences A Study Bacteriology and Mycology Subcommittee 2. Name of Committee: Center for Scientific Section. Date: October 21–22, 1999. Review Special Emphasis Panel. Date: October 21–22, 1999. Time: 8:30 AM to 6:00 PM. Date: October 21–22, 1999. Time: 8:30 AM to 5:00 PM. Agenda: To review and evaluate grant Time: 9:00 AM to 3:00 PM. Agenda: To review and evaluate grant applications. applications. Agenda: To review and evaluate grant Place: Ramada Inn, 1775 Rockville Pike, Place: Holiday Inn, 5520 Wisconsin applications. Rockville, MD 20852. Avenue, Chevy Chase, MD 20815. Place: Holiday Inn Chevy Chase, 5520 Contact Person: Luigi Giacometti, PhD, Contact Person: William C. Branche, PhD, Wisconsin Avenue, Chevy Chase, MD 20815. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Contact Person: Kathryn Meadow-Orlans, Scientific Review, National Institutes of Scientific Review, National Institutes of PHD, Scientific Review Administrator, Health, 5701 Rockledge Drive, Room 5208, Health, 6701 Rockledge Drive, Room 4182, Center for Scientific Review, National MSC 7850, Bethesda, MD 20892, (301) 435– MSC 7808, Bethesda, MD 20892, (301) 435– Institutes of Health, 6701 Rockledge Drive, 1246. 1148. Room 3182, MSC 7848, Bethesda, MD 20892, (301) 435–0902. Name of Committee: Infectious Diseases Name of Committee: Immunological and Microbiology Initial Review Group, Sciences Initial Review Group, Allergy and Name of Committee: Center for Scientific Bacteriology and Mycology Subcommittee 1. Immunology Study Section . Review Special Emphasis Panel. Date: October 21–22, 1999. Date: October 21–22, 1999. Date: October 22, 1999. Time: 8:30 AM to 6:00 PM. Time: 8:30 AM to 2:30 PM. Time: 8:00 AM to 5:00 PM. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. applications. Place: Georgetown Holiday Inn, Place: Holiday Inn Chevy Chase, 5520 Place: Double Tree Hotel, 1750 Rockville Washington, DC 20007. Wisconsin Avenue, Chevy Chase, MD 20815. Pike, Rockville, MD 20852. Contact Person: Timothy J. Henry, PhD, Contact Person: Eugene M. Zimmerman, Contact Person: Nancy Hicks, PHD, Scientific Review Administrator, Center for PhD, Scientific Review Administrator, Center Scientific Review Administrator, Center for Scientific Review, National Institutes of for Scientific Review, National Institutes of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4180, Health, 6701 Rockledge Drive, Room 4202, Health, 6701 Rockledge Drive, Room 3158, MSC 7808, Bethesda, MD 20892, (301) 435– MSC 7812, Bethesda, MD 20892, 301–435– MSC 7770, Bethesda, MD 20892, (301) 435– 1147. 1220. 0695. Name of Committee: Immunological Name of Committee: Oncological Sciences Name of Committee: Center for Scientific Sciences Initial Review Group, Experimental Initial Review Group, Experimental Review Special Emphasis Panel. Immunology Study Section. Therapeutics Subcommittee 1. Date: October 22, 1999. Date: October 21–22, 1999. Date: October 21–22, 1999. Time: 8:30 AM to 4:30 PM. Time: 8:30 AM to 3:00 PM. Time: 8:30 AM to 3:00 PM. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. applications. Place: Double Tree Hotel, 1750 Rockville Place: Holiday Inn Georgetown, 2101 Place: Arlington Hyatt, 1325 Wilson Pike, Rockville, MD 20852. Wisconsin Avenue, N.W., Washington, DC Boulevard, Arlington, VA 22209. Contact Person: Betty Hayden, PhD, 20007. Contact Person: Philip Perkins, PhD, Scientific Review Administrator, Center for Contact Person: Calbert A. Laing, PhD, Scientific Review Administrator, Center for Scientific Review, National Institutes of Scientific Review Administrator, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4206,

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MSC 7812, Bethesda, MD 20892, (301) 435– conduct a public hearing on November related systems of care, e.g., welfare, 1223, [email protected]. 8 in Tampa, Florida. The hearing will be child welfare, housing? What are the (Catalogue of Federal Domestic Assistance held at the County Center, Corner of policy, organization, and financing Program Nos. 93.306, Comparative Medicine, Kennedy Boulevard and Pierce Street, issues that must be addressed in the 93.306, 93.333, Clinical Research, 93.333, Tampa, Florida 33602 on November 8, private and public systems, including 93.337, 93.393–93.396, 93.837–93.844, Medicaid and Medicare, to close the 93.846–93.878, 93.892, 93.893, National 1999, between the hours of 8:30 a.m. Institutes of Health, HHS) and 5:00 p.m. Specific details regarding treatment gap? (2) Reducing Stigma and Changing Dated: October 4, 1999. any subsequent hearings will be Attitudes: What are the nature, causes LaVerne Y. Stringfield, published in the Federal Register approximately one month prior to the and consequences of addiction stigma? Director, Office of Federal Advisory What can CSAT, the treatment field, Committee Policy. hearing. Requests to testify at the Tampa, consumers and families do to address [FR Doc. 99–26476 Filed 10–8–99; 8:45 am] Florida, public hearing must be stigma related to addiction, substance BILLING CODE 4140±01±M submitted to the addressee indicated abuse treatment and individuals with below by November 2, 1999. Seating is substance abuse disorders? How do limited. In the event that interpretive other stigmas impact/compound the DEPARTMENT OF HEALTH AND stigma of addiction? HUMAN SERVICES services for the hearing-impaired are required, please indicate these special (3) Improving and Strengthening Substance Abuse and Mental Health needs to the addressee. Treatment Systems: What are the clinical and organizational challenges Services Administration FOR FURTHER INFORMATION CONTACT: facing treatment organizations in the Requests for additional information public and private sectors? What can Call for Public Comment: Changing the regarding the hearing and/or CSAT, the treatment field, consumers ConversationÐA National Plan to testimonies, as well as requests to testify and families do to improve and Improve Substance Abuse Treatment must be addressed to: Marjorie Cashion strengthen treatment organizations so AGENCY: Center for Substance Abuse (Tele: (301) 443–3821; e-mail: that they can adapt to the new Treatment, Substance Abuse and Mental [email protected]; Fax: (301) 480– imperatives of the changing treatment Health Services Administration, DHHS. 6077), Center for Substance Abuse system, and to improve the relationship ACTION: Request for public comment on Treatment, SAMHSA, Rockwall II between the general health care system five issues (domains) of concern to the Building, Suite 618, 5600 Fishers Lane, and the specialty substance abuse substance abuse treatment field when Rockville, Maryland 20857. treatment system? What should be done assessing substance abuse treatment. Written comments (without a request at the State, county and/or local levels to personally testify) will also be to improve and strengthen substance SUMMARY: This notice announces that accepted by the above addressee. abuse treatment? the Substance Abuse and Mental Health Written testimonies are limited to five (4) Connecting Services and Research: Services Administration (SAMHSA) (5) typed pages using 1.5 line spacing What are the best methods by which Center for Substance Abuse Treatment and 12 point font. CSAT, the treatment field, consumers (CSAT) is formally inviting public SUPPLEMENTARY INFORMATION: and families can foster and support comment on five issues (domains) that Background evaluation of proven research findings are of concern to the substance abuse in community-based settings and treatment field and require development Building on recent advances and identification and adoption of best and exploration. Via several studies, CSAT has initiated plans to practices? mechanisms, including public hearings, focus on how to apply its extensive (5) Addressing Workforce Issues: CSAT intends that findings from the knowledge to the practical objective of What are the issues facing clinicians exploration of individual domains will improving treatment outcomes. The treating addictions? What can CSAT, the ultimately be synthesized into a plans include synthesizing current treatment field, consumers and families, coherent national strategy to guide knowledge and recommendations about and professional associations do to substance abuse treatment program and treatment, service systems, application foster training, appropriate policy development for the future. of best practices, diffusion methods, and credentialing, and licensure in all Individuals and organizations are organization and financing of substance settings in which treatment occurs, and encouraged to comment in one of abuse treatment services. Federal to support treatment organizations in several ways: (1) in writing, by Government and outside experts, as developing appropriate policies for submission through the U.S. Mail or well as the interested public, will clinical training? courier service; (2) via the National explore the current state of the Treatment Plan web site (http:// knowledge, resources, needs, and Hearing Format www.NaTxPlan.org); or (3) in person at service and organizational capacity. The The hearings will be divided into five the remaining public hearing. The final objective is the culling of priorities for segments (i.e., the five domains cutoff date for comments is December 1, action by the government and by others described above) of approximately 60 1999. This notice discusses the public in the substance abuse treatment field. minutes each. Each individual/ hearings at which interested As noted above, CSAT is inviting the organization participant will be limited individuals/organizations may testify public to comment on five domains as to three (3) minutes of oral testimony regarding the five substance abuse part of the initial step of the plan. The and five (5) pages of typed testimony treatment domains discussed below. domains, as well as some initial per domain. All oral testimonies must DATES/LOCATIONS: In addition to the questions for exploration, include: be accompanied by a written testimony public hearings held on July 8 in (1) Closing the Treatment Gap: Where of no more than five (5) typed pages Hartford, Connecticut; September 16 in are the gaps? How big are they for using 1.5 line spacing and 12 point font. Chicago, Illinois; October 18 in different populations? For different Four copies of written testimonies may Washington, DC; and October 26 in types of settings and treatment either be submitted before the hearing to Portland, Oregon; CSAT plans to modalities? How big are gaps in other the addressee listed above or to the

VerDate 06-OCT-99 19:49 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm07 PsN: 12OCN1 55302 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices registrar at the hearing. As the hearing accuracy of the agency’s estimate of the Housing and Urban Development schedule allows, unscheduled burden of the proposed collection of Reform Act of 1989, this announcement testimonies will be accommodated. All information; (3) Enhance the quality, notifies the public of funding decisions testimonies (recorded and written) will utility, and clarity of the information to made by the Department in a become a part of the public domain. be collected; and (4) Minimize the competition for funding under the Dated: October 4, 1999. burden of the collection of information Super Notice of Funding Availability Richard Kopanda, on those who are to respond; including (SuperNOFA) for the Brownfields the use of appropriate automated Economic Development Initiative (BEDI) Executive Officer, SAMHSA. collection techniques or other forms of Program. This announcement contains [FR Doc. 99–26504 Filed 10–8–99; 8:45 am] information technology, e.g., permitting the names of the awardees and the BILLING CODE 4162±20±P electronic submission of responses. amounts of the awards made available This Notice also lists the following by HUD. information: FOR FURTHER INFORMATION CONTACT: Mr. DEPARTMENT OF HOUSING AND Title of Proposal: Cooperative Donner Buchet, Director, Community URBAN DEVELOPMENT Membership Exhibit. and Economic Development Services, [Docket No. FR±4445±N±23] OMB Control Number, if applicable: Office of Community Planning and 2502–0025. Development, 451 7th Street, SW, Notice of Proposed Information Description of the need for the Washington, DC 20410; telephone (202) Collection: Comment Request; information and proposed use: The form 708–2290 (this is not a toll-free Cooperative Membership Exhibit is necessary to provide evidence to HUD number). Hearing- and speech-impaired of compliance of selling the property or persons may access this number via AGENCY: Office of the Assistant project to an eligible cooperative group. TTY by calling the Federal Relay Secretary for Housing, HUD. The form is used to list prospective Service toll-free at 1–800–877–8339. For ACTION: Notice. cooperative members. HUD uses the general information on this and other form to ensure that the property or SUMMARY: The proposed information HUD programs, call Community project is being sold to an eligible collection requirement described below Connections at 1–800–998–9999 or visit cooperative group. will be submitted to the Office of the HUD Website at http:// Agency form numbers, if applicable: Management and Budget, (OMB) for www.hud.gov. HUD–93203. review, as required by the Paperwork SUPPLEMENTARY INFORMATION: The Estimation of the total numbers of Reduction Act. The Department is Brownfields Economic Development hours needed to prepare the information soliciting public comments on the Initiative (BEDI) program was enacted in collection including number of subject proposal. 1998 and is intended to complement respondents, frequency of response, and and enhance the Section 108 Loan DATES: Comments due date: December hours of response: The estimated 13, 1999. Guarantee program. The BEDI program number of respondents is 300; is authorized under Section 108(q), Title ADDRESSES: Interested persons are frequency of response is 1; and the I, Housing and Community invited to submit comments regarding estimated hours of response are: 5 hours Development Act of 1974, as amended, this proposal. Comments should refer to per response; and the total annual (42 U.S.C. 5301–5320) (the Act); 24 CFR the proposal by name and/or OMB burden hours requested is 150. part 570. The competition was Control Number and should be sent to: Status of the proposed information announced in the SuperNOFA Wayne Eddins, Reports Management collection: Reinstatement without published in the Federal Register on Officer, Department of Housing and change. February 26, 1999 (64 FR 9801). Urban Development, 451 7th Street, SW, Authority: The Paperwork Reduction Act Applications were rated and selected for L’Enfant Building, Room 8202, of 1995, 44 U.S.C., Chapter 35, as amended. funding on the basis of selection criteria Washington, D.C. 20410. Dated: September 30, 1999. contained in that Notice. FOR FURTHER INFORMATION CONTACT: William C. Apgar, BEDI is designed to help cities Willie Spearmon, Office of Business Assistant Secretary for Housing—Federal redevelop abandoned, idled, or Products, Office of Multifamily Housing Housing Commissioner. underutilized industrial and Programs, Department of Housing and [FR Doc. 99–26506 Filed 10–8–99; 8:45 am] commercial facilities where expansion Urban Development, 451 7th Street SW, BILLING CODE 4210±27±M or redevelopment is complicated by real Washington, DC 20410, telephone (202) or perceived environmental 708–3000 for copies of the proposed contamination. BEDI provides funding forms and other available information. DEPARTMENT OF HOUSING AND to local governments to be used in SUPPLEMENTARY INFORMATION: The URBAN DEVELOPMENT conjunction with Section 108 loan Department is submitting the proposed guarantees to finance redevelopment of information collection to OMB for [Docket No. FR±4410±FA±09] brownfield sites. The purpose of BEDI review, as required by the Paperwork Announcement of Funding Awards for grant funds is to minimize the potential Reduction Act of 1995 (44 U.S.C. the Brownfields Economic loss of future CDBG allocations by: Chapter 35, as amended). Development Initiative Program; Fiscal strengthening the economic feasibility This Notice is soliciting comments Year 1999 of the projects financed with Section from members of the public and affected 108 funds; directly enhancing the agencies concerning the proposed AGENCY: Office of the Assistant security of the guaranteed loan; or collection of information to: (1) Evaluate Secretary for Community Planning and through a combination of these or other whether the proposed collection is Development, HUD. risk mitigation techniques. BEDI and necessary for the proper performance of ACTION: Notice of funding awards. Section 108 loan guarantee funds are the functions of the agency, including intended to finance projects and whether the information will have SUMMARY: In accordance with section activities that will provide near-term practical utility; (2) Evaluate the 102 (a)(4)(C) of the Department of results and demonstrable economic

VerDate 06-OCT-99 19:49 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm07 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55303 benefits, such as job creation and Grant Amount: $1,000,000 219 City Hall increases in the local tax base. Dade County 233 E. Washington Street The Catalog of Federal Domestic Office of Community and Economic Syracuse, NY 13202 Assistance number for this program is Development 14.246. 111 NW 1st Street, 29th Floor Project: Winkleman Site A total of $25,000,000 was awarded to Miami, FL 33169 Redevelopment/Crossroads Industrial 21 projects nationwide. In accordance Project: Brownfields Revolving Loan Park with section 102(a)(4)(C) of the Fund Grant Amount: $875,000 Department of Housing and Urban Grant Amount: $1,750,000 City of Yonkers Development Reform Act of 1989 (103 Louisiana Stat. 1987. 42 U.S.C. 3545), the Office of Economic Development Department is publishing the grantees City of New Orleans City Hall Room 32 and amounts of the awards in Appendix Office of Urban Development Yonkers, NY 10701 A to this document. 1300 Perdido Project: Nepperhan Valley New Orleans, LA 70112 Biotechnology Center Dated: October 5, 1999. Project: American Can Renewal Project Cardell Cooper, Grant Amount: $1,000,000 Grant Amount: $1,000,000 Assistant Secretary for Community Planning City of Shreveport and Development. North Carolina 1234 Texas Avenue, P.O. Box 31109 Appendix A—List of Awardees for Grant Shreveport, LA 71130 City of Winston-Salem Assistance Under the FY 1999 Brownfields Project: Shreve Square Development in Business Development Office Economic Development Initiative Program Funding Competition by Name and Address the Cross Bayou/Riverfront P.O. Box 2511 Development District Winston-Salem, NC 27102 Arizona Grant Amount: $1,000,000 Project: Airport Business Park City of Phoenix Maryland Office of Environmental Programs Grant Amount: $1,000,000 City of Baltimore 200 W. Washington Street, 14th Floor Ohio Phoenix, AZ 85003 Department of Housing and Community Project: East Washington Fluff Project Development City of Lorain 417 E. Fayette Street, 13th Floor Grant Amount: $1,210,000 Department of Community Development Baltimore, MD 21202 California Project: Chesapeake Business Center 200 West Erie Avenue City of Los Angeles Grant Amount: $975,000 Lorain, OH 44052 Mayor’s Office of Economic Massachusetts Project: Colorado Industrial Park Development Expansion City of Boston 200 N. Main Street Room 800 Boston Redevelopment Agency Grant Amount: $500,000 Los Angeles, CA 90012 One City Hall Plaza Oklahoma Project: Cornfield Site/River Station Boston, MA 02114 Industrial Park Project: Modern Electroplating City of Oklahoma City Grant Amount: $1,250,000 Brownfields Project Public Works Department City of Richmond Grant Amount: $1,750,000 420 West Main, Suite 700 Richmond Redevelopment Agency 330 City of Everett Oklahoma City, OK 73102 25th Street Mystic Valley Development Corporation Project: National American Cultural and Richmond, CA 94804 484 Broadway Educational Center Project: Ford Point Cyber Village Everett, MA 02149 Grant Amount: $1,500,000 Project: Telecom City Advanced Grant Amount: $1,750,000 Los Angeles County Manufacturing Center Washington 2 Coral Circle Grant Amount: $1,200,000 Monterey Park, CA 91755 City of Seattle New Jersey Project: Golden Springs Business Center Office of Economic Development City of Jersey City Grant Amount: $1,750,000 600 Fourth Avenue Department of Housing, Economic Connecticut Development and Commerce Seattle, WA 98104 City of New Haven 280 Grove Street Project: Rainier Court Shopping Center 165 Church Street Jersey City, NJ 07302 Grant Amount: $1,750,000 New Haven, CT 06510 Project: Morris Canal Industrial Park Project: Clock Factory Redevelopment Grant Amount: $1,750,000 West Virginia Project New York City of Wheeling Grant Amount: $490,000 City of Rochester Economic and Community Development Florida Economic Development Department Department City of St. Petersburg 30 Church Street, Room 005A 1500 Chapline Street Economic Development and Property Rochester, NY 14614 Wheeling, WV 26003 Management Project: Germanow-Simon Expansion Project: Celeron Plaza Project 1 Fourth Street North, 9th Floor Grant Amount: $500,000 Grant Amount: $1,000,000 St. Petersburg, FL 33701 City of Syracuse Project: Dome Industrial Park Pilot Office of Community and Economic [FR Doc. 99–26505 Filed 10–8–99; 8:45 am] Project Development BILLING CODE 4210±29±P

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DEPARTMENT OF HOUSING AND and accurate applicant certification Francisco, and Seattle) as monitoring URBAN DEVELOPMENT forms. These reviews are conducted offices for purposes of carrying out the using protocols that are developed by monitoring responsibilities in 24 CFR [Docket No. FR±4514±N±02] the Office of Fair Housing and Equal part 108. Developers and/or sponsors Notice of Responsibility Within HUD Opportunity in consultation with the must now submit their AFHMPs to the for Civil Rights Front-End Reviews of respective program office. Monitoring Offices. HUD Programs When a monitoring office conducts a This notice also designates FHEO’s front-end review, the monitoring office’s Hubs (Boston, New York City, AGENCY: Office of the Assistant role is limited to screening for errors. Philadelphia, Atlanta, Chicago, Fort Secretary for Fair Housing and Equal The monitoring office is not responsible Worth, Kansas City, Denver, San Opportunity, HUD. for making a determination of Francisco, and Seattle) as Civil Rights/ ACTION: Notice. compliance with the law. When, during Compliance Reviewing Offices for a routine front-end review, a civil rights purposes of carrying out the civil rights SUMMARY: The purpose of this notice is issue is raised that the program compliance review responsibilities in 24 to advise public housing agencies, discipline cannot resolve through its CFR part 108 community planning and development routine processing practices, the Chapter 3 (on Processing of entitlement jurisdictions, owners and program discipline shall refer the matter Affirmative Fair Housing Marketing managers of assisted housing, other to the local Fair Housing and Equal Plans and Related Documents) of the interested parties and members of the Opportunity Hub (Boston, New York Fair Housing and Equal Opportunity public of: the change of responsibility City, Philadelphia, Atlanta, Chicago, Handbook 8025.1, titled ‘‘Implementing within HUD for civil rights front-end Fort Worth, Kansas City, Denver, San Affirmative Fair Housing Marketing reviews for HUD programs; technical Francisco, and Seattle). These offices Requirements’’ is undergoing technical amendments made to HUD’s regulations have been designated as ‘‘Civil Rights/ amendments to reflect the changes on Compliance Procedures for Compliance Reviewing Offices,’’ and discussed above. Appendix 10 (AFHM Affirmative Fair Housing Marketing; will determine what further actions, if Plans Checklist for Completeness) of and revisions that HUD will make to its any, are needed. this handbook, however, will remain the handbook on Implementing Affirmative HUD’s Office of Fair Housing and same. Fair Housing Marketing Requirements. Equal Opportunity will work with the Again, the purpose of this notice is to DATES: Effective Date: October 12, 1999. program disciplines to (1) develop any further disseminate information about ‘‘processing’’ documents needed for FOR FURTHER INFORMATION CONTACT: the change in responsibilities for civil conducting front-end reviews, and (2) a Pamela Walsh, Office of Programs, rights front-end reviews for HUD quality control system for assuring that Office of Fair Housing and Equal programs, and technical changes the program disciplines are Opportunity, Department of Housing recently made, and to be made, to the implementing their civil rights-related and Urban Development, 451 Seventh applicable HUD regulations and program responsibilities. The Office of handbooks. The procedures in the Street, SW, Washington, DC 20410; Fair Housing and Equal Opportunity telephone (202) 708–2288 (this is not a regulations and handbook remain the retains statutory and regulatory same. The personnel, however, toll-free number). Hearing or speech- authority for conducting civil rights impaired individuals may access this responsible for carrying out the reviews compliance reviews and civil rights has changed. number via TTY by calling the toll-free investigations, and for determining Federal Information Relay Service at 1– compliance with the civil rights Dated: October 4, 1999. 800–877–8339. regulations and statutes. Eva M. Plaza, SUPPLEMENTARY INFORMATION: Each HUD Part 108 of HUD’s regulations (24 CFR Assistant Secretary for Fair Housing and program discipline (i.e., the Office of part 108) establishes compliance Equal Opportunity. Community Planning and Development, procedures for affirmative fair housing William C. Apgar, the Office of Public and Indian Housing, marketing, and the regulations place Assistant Secretary for Housing—Federal and the Office of Housing) has lead responsibility for monitoring (which Housing Commissioner. responsibility for conducting ‘‘civil includes front-end review of Affirmative Cardell Cooper, rights’’ front-end reviews for the Fair Housing Marketing Plans Assistant Secretary for Community Planning programs it administers. These reviews (AFHMPs)) in the Area Office of Fair and Development. are conducted by program offices Housing and Equal Opportunity. With Harold Lucas, designated as Fair Housing the implementation of HUD 2020 Assistant Secretary for Public and Indian ‘‘Monitoring’’ Offices. A front-end Management Reform, the review of the Housing. review is the first part of the civil rights AFHMPs now rest with the eighteen [FR Doc. 99–26508 Filed 10–8–99; 8:45 am] program review process, and requires a (18) Housing Hubs within the Office of BILLING CODE 4210±28±P review of a submission made to HUD by Housing. a HUD constituent prior to the On August 12, 1999, HUD published submission’s approval by HUD. a rule that makes technical amendments DEPARTMENT OF THE INTERIOR Civil rights front-end reviews to its regulations in part 108 to reflect encompass confirming the completeness the transfer of responsibility for front- Fish and Wildlife Service of the review (i.e., that all required end reviews from the Office of Fair items have been fully completed, signed Housing and Equal Opportunity to the Endangered and Threatened Species when applicable, and submitted) and, Monitoring Offices. This notice now Permit Applications with respect to fair housing and equal designates 18 Housing Hubs (Boston, ACTION: Notice of receipt of applications. opportunity matters, examining Buffalo, New York City, Philadelphia, submissions for outside civil rights Baltimore, Greensboro, Atlanta, SUMMARY: The following applicants have findings and issues, including fair Jacksonville, Chicago, Columbus, applied for a permit to conduct certain housing marketing plans, site and Detroit, Fort Worth, Kansas City, activities with endangered species. This neighborhood standards, or complete Minneapolis, Denver, Los Angeles, San notice is provided pursuant to section

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10(a) of the Endangered Species Act of Permit No. TE–825473 DEPARTMENT OF THE INTERIOR 1973, as amended (16 U.S.C. 1531, et seq.). Applicant: Texas Department of Bureau of Land Management Transportation, Austin, Texas. Permit No. TE–795602 [AZA 30390] Applicant requests authorization for Applicant: Mevatech Corporation, scientific research and recovery Public Land Order No. 7414; White Sands Missile Range, New purposes to conduct presence/absence Withdrawal of National Forest System Mexico. surveys for Texas wild rice (Zizania Land for Hassayampa River Riparian Applicant requests authorization for texana), northern aplomado falcon Corridor; Arizona scientific research and recovery (Falco femoralis septentrionalis), bald AGENCY: Bureau of Land Management, purposes to conduct population surveys eagles (haliaeetus leucocephalus) and Interior. and photograph aplomado falcons whooping cranes (Grus americana). ACTION: Public Land Order. (Falco femoralis septentrionalis) in Permit No. TE–017942 various New Mexico counties. SUMMARY: This order withdraws Permit No. TE–16215 Applicant: Arizona Biological 1,677.25 acres of National Forest System Consultants, Peoria, Arizona. land from location and entry under the Applicant: Andrea R. Wickham-Rowe, United States mining laws for 20 years Port Aransas, Texas. Applicant requests authorization for to protect the Hassayampa River Applicant requests authorization for scientific research and recovery Riparian Corridor. The land has been scientific research and recovery purposes to conduct presence/absence and will remain open to mineral leasing. purposes to rehabilitate the Kemp’s surveys for southwestern willow EFFECTIVE DATE: October 12, 1999. flycatchers (Empidonax traillii extimus), ridley sea turtle (Lepidochelys kempii), FOR FURTHER INFORMATION CONTACT: loggerhead sea turtle (Caretta caretta), lesser long-nosed bats (Leptonycteris Beverley Everson or Doug Franch, hawksbill sea turtle (Eretmochelys curasoae), and Mexican long-nosed bats Prescott National Forest, 344 S. Cortez imbricata), green sea turtle (Chelonia (Leptonycteris nivalis) in Arizona. Street, Prescott, Arizona 86303, 520– mydas), and the leatherback sea turtle DATES: Written comments on these 445–7253. (Dermochelys coriacea) brought in from permit applications must be received on By virtue of the authority vested in in and around the Texas Gulf Coast. or before November 12, 1999. the Secretary of the Interior by Section Permit No. TE–823354 204 of the Federal Land Policy and ADDRESSES: Written data or comments Management Act of 1976, 43 U.S.C. Applicant: Angelo State University, should be submitted to the Legal 1714 (1994), it is ordered as follows: Department of Chemistry, San Angelo, Instruments Examiner, Division of 1. Subject to valid existing rights, the Texas. Endangered Species/Permits, Ecological following described National Forest Applicant requests authorization for Services, P.O. Box 1306, Albuquerque, System land is hereby withdrawn from scientific research and recovery New Mexico 87103. Please refer to the location and entry under the United purposes to conduct population respective permit number for each States mining laws (30 U.S.C. Ch. 2 surveys, map territory distribution, application when submitting comments. (1994)), but not from leasing under the capture (using mist nets), band (Master All comments received, including mineral leasing laws, to protect the Banding Permit 22280), measure and names and addresses, will become part Hassayampa River Riparian Corridor: immediately release unharmed golden- of the official administrative record and Gila and Salt River Meridian cheeked warblers (Dendroica may be made available to the public. chrysoparia) in Real County, Texas. Prescott National Forest FOR FURTHER INFORMATION CONTACT: The T. 13 N., R. 2 W., Permit No. TE–004439 U.S. Fish and Wildlife Service, Sec. 31, lot 20; Sec. 32, lots 13 to 20, inclusive; Applicant: Albuquerque Biological Ecological Services, Division of Endangered Species/Permits, P.O. Box Sec. 33, lots 11 to 14, inclusive. Park & Aquarium, Albuquerque, New T. 121⁄2N., R. 2W., Mexico. 1306, Albuquerque, New Mexico 87103. Sec. 20, lots 1 to 4, inclusive; Applicant requests authorization for Please refer to the respective permit Sec. 21, lots 1 to 4, inclusive, scientific research and recovery number for each application when SE1⁄4SW1⁄4SE1⁄4, and SE1⁄4SE1⁄4; purposes to collect the Socorro isopod requesting copies of documents. Sec. 22, SW1⁄4SW1⁄4 and SE1⁄4SW1⁄4; (Thermosphaeroma (=exosphaeroma) Documents and other information Sec. 26, lot 4, lots 8 to 17, inclusive, and submitted with these applications are MS 4051; thermophilum) and the Socorro 1 1 available for review, subject to the Sec. 27, lots 1 to 6 inclusive, W ⁄2NW ⁄4, springsnail (Pyrgulopsis neomexicana), and MS 4051; and the Alamosa springsnail (Tryonia requirements of the Privacy Act and Sec. 35, lots 2, 3, and 9, and MS 2648. alamosae) all in Socorro County, New Freedom of Information Act, by any The area described contains 1,677.25 acres Mexico. party who submits a written request for in Yavapai County. a copy of such documents within 30 Permit No. TE–017728 2. The withdrawal made by this order days of the date of publication of this does not alter the applicability of those Applicant: Cameron L. Johnson, notice, to the address above. land laws governing the use of the Tucson, Arizona. Bryan Arroyo, National Forest System land under Applicant requests authorization for Assistant Regional Director, Ecological lease, license, or permit, or governing scientific research and recovery Services, Region 2, Albuquerque, New the disposal of their mineral or purposes to conduct presence/absence Mexico. vegetative resources other than under surveys for the cactus ferruginous [FR Doc. 99–26485 Filed 10–8–99; 8:45 am] the mining laws. pygmy-owl (Glaucidium brasilianum BILLING CODE 4310±55±P 3. This withdrawal will expire 20 cactorum) in various counties in years from the effective date of this Arizona. order unless, as a result of a review

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.036 pfrm04 PsN: 12OCN1 55306 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices conducted before the expiration date public land laws including the mining DEPARTMENT OF THE INTERIOR pursuant to Section 204(f) of the Federal laws, pending disposition of this action Land Policy and Management Act of or 270 days from the date of publication Bureau of Land Management 1976, 43 U.S.C. 1714(f) (1994), the of this notice, whichever occurs first. [NV±930±4210±05;N±59385] Secretary determines that the A successful bid for a parcel will withdrawal shall be extended. qualify the prospective purchaser to Notice of Realty Action: Lease/ Dated: October 5, 1999. make application for conveyance of Conveyance for Recreation and Public Purposes John Berry, those mineral interests offered under the Assistant Secretary of the Interior. authority of Section 209(b) of the AGENCY: Bureau of Land Management, [FR Doc. 99–26678 Filed 10–8–99; 8:45 am] Federal Land Policy and Management Interior. BILLING CODE 3410±11±P Act of 1976 (90 Stat. 2757; 43 U.S.C. ACTION: Recreation and public purpose 1719). In addition to the bid price, a lease/conveyance. non-refundable fee of $50 will be DEPARTMENT OF THE INTERIOR required for purchase of the mineral SUMMARY: The following described interests. Those mineral interests to be public land in Las Vegas, Clark County, Bureau of Land Management Nevada has been examined and found conveyed simultaneously with the sale suitable for lease/conveyance for [AZ±030±1430±00±2Z; AZA±20666] of the land have been determined to recreational or public purposes under have no known mineral value. Notice of Realty Action Modified the provisions of the Recreation and Competitive Sale of Public Lands in Federal law requires that bidders Public Purposes Act, as amended (43 Mohave County, AZ must be U.S. citizens and 18 years of age U.S.C. 869 et seq.). The City of Las or older. Proof of citizenship shall Vegas proposes to use the land for a AGENCY: Bureau of Land Management, accompany the bid. If two or more valid Interior. Public Park. bids of the same amount are received, ACTION: Notice of realty action, modified Mount Diablo Meridian, Nevada the determination of which is to be competitive sale. T. 21 S., R. 60 E. considered the highest bid shall be by Sec. 4. SUMMARY: The following public lands supplemental oral bidding. The Government Lots 17–19, 22, 23 and 35. have been found suitable for a modified remainder of the full price bid shall be Containing 31.74 acres. competitive sale under Section 203 of paid within 180 days of the date of the The land is not required for any the Federal Land Policy and sale. Failure to pay the full price within Management Act of 1976 (90 Stat. 2750; federal purpose. The lease/conveyance the 180 days shall disqualify the is consistent with current Bureau 43 U.S.C. 1713), at not less than the apparent high bidder and cause the bid estimated fair market value. The land planning for this area and would be in deposit to be forfeited to the U.S. the public interest. The lease/patent, will not be offered for sale for at least Bureau of Land Management. The 60 days after the date of this notice. when issued, will be subject to the conveyance document, when issued, provisions of the Recreation and Public Gila and Salt River Meridian, Arizona will contain certain reservations to the Purposes Act and applicable regulations T. 20 N., R. 17 W. United States and will be subject to any of the Secretary of the Interior, and will Sec. 8, lot 3. existing rights-of-way and any other contain the following reservations to the Consisting of 3.21 acres. valid existing rights. United States: SUPPLEMENTARY INFORMATION: The above For a period of 45 days from the date 1. A right-of-way thereon for ditches described land is being offered as a of publication of this notice in the or canals constructed by the authority of modified competitive sale, sealed bid Federal Register, interested parties may the United States, Act of August 30, and oral auction, to the adjoining land submit comments to the Field Manager, 1890 (43 U.S.C. 945). 2. All minerals shall be reserved to owners for not less then appraised value Kingman Field Office, 2475 Beverly the United States, together with the of $51,360. This land will be offered to Ave., Kingman, Arizona 86401. In the the adjacent private landowners only right to prospect for, mine and remove absence of timely objections, this such deposits from the same under due to the lack of legal access. All bids proposal shall become the final must be submitted to the Kingman Field applicable law and such regulations as determination of the Department of the the Secretary of the Interior may Office, 2475 Beverly Ave, Kingman, Interior. Arizona 86401, by no later than 4:00 prescribe. p.m. MST, December 10, 1999. Sealed FOR FURTHER INFORMATION CONTACT: And will be subject to: bid forms and envelopes will be Janna Paronto, Land Law Examiner, at 1. An easement 10 feet in width along provided to all prospective bidders prior (520) 692–4449. the North boundary of lots 17–19, 30 feet in width along the South boundary to the sale. Bids must be for not less Dated: September 23, 1999. than the appraised value specified of lots 17–19, 30 feet in width along the above. Each bid shall be accompanied John C. Jamrog, North boundary of lots 22 and 23, 20 by a certified check, postal money order, Program Manager, Nonrenewable. feet in width along the West boundary bank draft, or cashier’s check made [FR Doc. 99–26465 Filed 10–8–99; 8:45 am] of lot 17, 20 feet in width along the payable to the USDI, Bureau of Land BILLING CODE 4310±32±P South boundary of lots 22 and 23, 40 Management, for not less than 10 feet in width along the South boundary percent of the amount bid. The highest of lot 35, and 30 feet in width along the qualified sealed bid will determine the West boundary of lot 35 in favor of the starting monetary point for oral bidding. City of Las Vegas for roads, public Oral bids must be in increments of utilities and flood control purposes. $100.00. 2. Those rights for public utility The lands described above is hereby purposes which have been granted to segregated from appropriation under the the Nevada Power Company by Permit

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No. N–62042, and to the Las Vegas DEPARTMENT OF THE INTERIOR will be opened to the operation of the Valley Water District by Permit No. N– public land laws generally, subject to 53360 under the Act of October 26, 1976 Bureau of Land Management valid existing rights, other segregations (FLPMA). Detailed information [UT±940±5440±00 J010; UTU±45824 and of record, and the requirements of concerning this action is available for UTU±52877] applicable law. At 8 a.m. on the date of review at the office of the Bureau of publication of this notice, the lands Land Management, Las Vegas Field Recreation and Public Purposes described above will be opened to Office, 4765 W. Vegas Drive, Las Vegas, Classification Terminations; Utah location and entry under the United States mining laws, subject to valid Nevada. AGENCY: Burau of Land Management, existing rights, other segregations of Interior. Upon publication of this notice in the record, and the requirements of Federal Register, the above described ACTION: Notice. applicable law. The lands described land will be segregated from all other SUMMARY: Two classifications for above are currently segregated for forms of appropriation under the public Recreation and Public Purposes (R&PP) exchange. land laws, including the general mining are being terminated in Washington Dated: September 23, 1999. laws, except for lease/conveyance under County, Utah. The lessees in both cases James D. Crisp, the Recreation and Public Purposes Act, have relinquished all or a portion of St. George Field Office Manager. leasing under the mineral leasing laws their R&PP leases, and the lands are and disposals under the mineral [FR Doc. 99–26461 Filed 10–8–99; 8:45 am] needed for other purposes. The lands BILLING CODE 4310±DQ±M material disposal laws. are to be included in land exchanges to For a period of 45 days from the date acquire private lands with high public of publication of this notice in the values. DEPARTMENT OF THE INTERIOR Federal Register, interested parties may FOR FURTHER INFORMATION CONTACT: submit comments regarding the Randy Massey, St. George Field Office, Bureau of Land Management proposed lease/conveyance for 345 E. Riverside Drive, St. George, Utah [OR±957±00±1420±00: GP9±0340] classification of the lands to the Field 84790. Manager, Las Vegas Field Office, Las SUPPLEMENTARY INFORMATION: On Filing of Plats of Survey: Oregon/ Vegas, Nevada 89108. November 2, 1983, 10 acres of public Washington land were classified for R&PP purposes Classification Comments: Interested AGENCY: Bureau of Land Management, (UTU–45824). Subsequently, a R&PP parties may submit comments involving Interior. lease was issued to the Washington the suitability of the land for a Public County School District for a school site ACTION: Notice. Park. Comments on the classification are on December 13, 1983. The legal SUMMARY: The plats of survey of the restricted to whether the land is description of the property is: physically suited for the proposal, following described lands are scheduled whether the use will maximize the Salt Lake Meridian, Utah to be officially filed in the Oregon State future use or uses of the land, whether T. 43 S., R. 16 W. Office, Portland, Oregon, thirty (30) calendar days from the date of this the use is consistent with local planning Sec. 1, lot 16. publication. and zoning, or if the use is consistent Containing 10 acres more or less. with State and Federal programs. By letter dated July 11, 1997, the Willamette Meridian Application Comments: Interested School District relinquished their lease, Oregon parties may submit comments regarding and the relinquishment was accepted by T.8 S., R. 7 W. the specific use proposed in the the Bureau of Land Management. Accepted September 20, 1999. application and plan of development, On May 28, 1997, 880.26 acres of T. 8 S., R. 8 W. whether the BLM followed proper public land were classified for R&PP Accepted September 20, 1999. purposes (UTU–52877). Subsequently, a administrative procedures in reaching Washington RPP lease was issued to the Washington the decision, or any other factor not County Water Conservancy District for T. 35 N., R. 25 E. directly related to the suitability of the the Quail Creek Recreation Area on June Accepted September 24, 1999. land for a Public Park. 10, 1997. By letter dated April 9, 1999, If protests against a survey, as shown Any adverse comments will be the Conservancy District relinquished on any of the above plat(s), are received reviewed by the State Director. it’s interest in 26.18 acres of the leased prior to the date of official filing, the In the absence of any adverse land, and the relinquishment was filing will be stayed pending comments, the classification of the land accepted by the Bureau of Land consideration of the protest(s). A plat described in this Notice will become Management. The legal description of will not be officially filed until the day after all protests have been dismissed effective 60 days from the date of the property is: and become final or appeals from the publication in the Federal Register. The Salt Lake Meridian, Utah dismissal affirmed. lands will not be offered for lease/ T. 41 S., R. 14 W. The plat(s) will be placed in the open conveyance until after the classification Sec. 26, lot 20. files of the Oregon State Office, Bureau becomes effective. Containing 26.18 acres. of Land Management, 1515 S.W. 5th Dated: September 28, 1999. Effective the date of publication of Avenue, Portland, Oregon 97201, and Rex Wells, this notice, the Recreation and Public will be available to the public as a matter of information only. Copies of Assistant Field Manager, Division of Lands, Purposes classification for the two Las Vegas, NV. parcels of land described above, is the plat(s) may be obtained from the above office upon required payment. A [FR Doc. 99–26462 Filed 10–8–99; 8:45 am] hereby terminated. At 8 a.m. on the date of publication person or party who wishes to protest BILLING CODE 4310±HC±P of this notice, the lands described above against a survey must file with the State

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Director, Bureau of Land Management, ceased. Such lands are entirely in National Preserve Advisory Committee. Portland, Oregon, a notice that they Federal ownership. In that these parcels Notice of this meeting is required under wish to protest prior to the proposed now fully comply with the instructions the Federal Advisory Committee Act official filing date given above. A contained in Pub. L. 96–585, this notice (Public Law 92–463). statement of reasons for a protest may be hereby designates the identified 17 acres filed with the notice of protest to the of potential wilderness within Fire DATE, TIME, AND ADDRESS: Wednesday, State Director, or the statement of Island National Seashore as designated October 27, 1999; 8:30 a.m. until reasons must be filed with the State wilderness. This acreage will be added business and public comment are Director within thirty (30) days after the to the National Wilderness Preservation complete; Chase County Community proposed official filing date. System and bring the total wilderness Building, Swope Park, Walnut and The above-listed plats represent acreage of the Fire Island National County Road, Cottonwood Falls, Kansas. dependent resurveys, survey, and Seashore to 1,380 acres, more or less. This business meeting is open to the subdivision. There remains 1 acre, more or less, of public. Space and facilities to FOR FURTHER INFORMATION CONTACT: potential wilderness additions within accommodate members of the public are Bureau of Land Management, (1515 Fire Island National Seashore. limited and people will be S.W. 5th Avenue) P.O. Box 2965, The potential wilderness lands hereby accommodated on a first-come, first- Portland, Oregon 97208. designated as wilderness are described served basis. An agenda will be Dated: September 27, 1999. as: available from the Superintendent one Robert D. DeViney, Jr., (1) The sites of former residential week prior to the meeting. Attendees are Branch of Realty and Records Services. structures and their associated access encouraged to participate in these roads, further identified as; [FR Doc. 99–26463 Filed 10–8–99; 8:45 am] meetings. If you would like to address BILLING CODE 4310±33±M (a) seven (7) sites at Long Cove the committee, please contact the (b) thirteen (13) sites at Whalehouse Superintendent by October 19, 1999, at Point the address or telephone number listed DEPARTMENT OF THE INTERIOR (c) one (1) site at Old Inlet below requesting that your name be (2) the vehicle cuts at long Cove, added to the agenda. Depending on the National Park Service Whalehouse Point, and Old Inlet, and number of requests, the Superintendent has the right to limit the amount of time Notice of Designation of Potential the sand roads leading from them to the each participant is allowed to address Wilderness as Wilderness, Fire Island access roads to the former residences at this committee. National Seashore Long Cove, Whalehouse Point, and Old Inlet, and the access road to Watch Hill. FOR FURTHER INFORMATION CONTACT: AGENCY: National Park Service, Interior. (3) The sites of the former Watch Hill Steve Miller, Superintendent, Tallgrass horse stable and maintenance yard, and ACTION: Notice. Prairie National Preserve, P.O. Box 585, the access roads leading to them. Cottonwood Falls, Kansas 66845; or The Otis Pike Fire Island High Dunes (4) The former Long Cove boardwalk telephone him at 316–273–6034. Wilderness Act, Public Law 96–585, nature trail. December 23, 1980, designated The area of 1 acre, more or less, SUPPLEMENTARY INFORMATION: The approximately 1,363 acres as wilderness including the boardwalk nature trail at Tallgrass Prairie National Preserve was in the Fire Island National Seashore and Smith point and the boardwalk, dune established by Public Law 104–333, further identified 18 acres as potential crossing and bathhouse at Old Inlet will dated November 12, 1996. wilderness additions. The National Park remain as potential wilderness until Dated: September 30, 1999. Service (NPS) described the wilderness such time as existing non-conforming and potential wilderness areas on maps uses are terminated. David N. Given, entitled ‘‘Wilderness Plan-Fire Island The maps and legal description are on Deputy Regional Director, Midwest Region. National Seashore,’’ dated December, file at the headquarters of the Fire Island [FR Doc. 99–26561 Filed 10–8–99; 8:45 am] 1980. In November, 1983 the NPS National Seashore, 120 Laurel Street, BILLING CODE 4310±70±P adopted the ‘‘Wilderness Management Patchogue, NY 11772, and at the Office Plan, Fire Island National Seashore’’ of the Director, 1849 C Street NW, which also contained the legal Washington DC 20240 DEPARTMENT OF THE INTERIOR description of the wilderness Dated: October 4, 1999. boundaries and a map showing the National Park Service wilderness and the potential wilderness Robert Stanton, areas. Director, National Park Service. National Register of Historic Places; Section (c) of Public Law 96–585 [FR Doc. 99–26563 Filed 10–8–99; 8:45 am] Notification of Pending Nominations provided a process whereby potential BILLING CODE 4310±70±P wilderness additions within the Fire Nominations for the following Island National Seashore would become properties being considered for listing designated wilderness upon publication DEPARTMENT OF THE INTERIOR in the National Register were received in the Federal Register of a notice by by the National Park Service before National Park Service the Secretary of the Interior that all uses October 2, 1999. Pursuant to section on the land prohibited by the Tallgrass Prairie National Preserve 60.13 of 36 CFR Part 60 written Wilderness Act (Public Law 88–577) comments concerning the significance have ceased. AGENCY: National Park Service, Interior. of these properties under the National The NPS has determined that all of ACTION: Notice of meeting. Register criteria for evaluation may be the Wilderness Act prohibited activities forwarded to the National Register, of the following described designated SUMMARY: This notice sets the schedule National Park Service, 1849 C St. NW, potential wilderness additions have for a meeting of the Tallgrass Prairie NC400, Washington, DC 20240. Written

VerDate 06-OCT-99 19:49 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm07 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55309 comments should be submitted by Pennsylvania period, this material will appear as a October 27, 1999. Elk County Director’s Order for Special Park Uses distributed to all NPS units. This Beth Boland, Johnsonburg Commercial Historic District, Acting Keeper of the National Register. Roughly along Center, Bridge, and Market document will provide guidance to park Sts., Johnsonburg, 99001290 managers concerning all aspects of Arizona requests for special park uses in the Lehigh County Yavapai County National Park System, from the initial Helfrich’s Springs Grist Mill (Boundary contact, through on-scene protection of Fort Whipple—Department of Veterans Increase), 506 Mickley Rd., Whitehall resources, and ending with complete Affairs Medical Center Historic District, Township, 99001288 500 AZ 89 N, Prescott, 99001274 recovery and restoration of the site. This Luzerne County document will supersede and replace Delaware Bear Creek Village Historic District, PA 115 the existing Director’s Order 53A New Castle County at Bear C reek Dam, Bear Creek Village, dealing only with telecommunications, 99001287 and consist of a concise treatment of the Fort Dupont Historic District, DE 9, S of Philadelphia County entire subject of special park uses. Chesapeake and Delaware Canal, Delaware Copies of the proposed guidance City, 99001275 Pennsylvania Railroad Freight Building, document will be made available upon Wilmington Rail Viaduct, Amtrak’s NE 3118–3198 Chestnut St., Philadelphia, request by writing: Chip Davis, National corridor through Wilmington, Wilmington, 99001291 Park Service, Ranger Activity Division, 99001276 York County 1849 C St. NW, Suite 7408, Washington, Idaho United Cigar Manufacturing Company, 201 DC 20240, or by calling 202–208–4874. N. Penn St., York City, 99001289 Bonner County DATES: Written comments will be accepted through November 12, 1999. Sandpoint High School, (Public School Texas Buildings in Idaho MPS), 102 S. Euclid Dallas County ADDRESSES: Comments should be addressed to: Dick Young, Special Park Ave., Sandpoint, 99001277 Dallas Tent and Awning Building, 3401 Commerce St., Dallas, 99001292 Uses Program Manager, C/O Colonial Canyon County NHP, P.O. Box 210, Yorktown, VA Obendorf, George, Gothic Arch Truss Barn, Utah 23690. 24047 Batt Corner Rd., Wilder vicinity, Duchesne County FOR FURTHER INFORMATION CONTACT: Dick 99001278 Indian Canyon Ranger Station, UT 33, Young at 757–898–7846, or 757–898– Maryland Duchesne Ranger District, Duchesne 3400, ext. 51. vicinity, 99001294 Dated: October 1, 1999. Queen Anne’s County Stockmore Ranger Station, UT 30, Duschesne Chris Andress, Keating House, 208 S. Liberty St., Centreville, ranger District, Tabiona vicinity, 99001293 Chief, Ranger Activities Division. 99001281 Vermont [FR Doc. 99–26562 Filed 10–8–99; 8:45 am] Washington County Bennington County BILLING CODE 4310±70±P Piper House, 200 E. Main St., Sharpsburg Bradford, W.H., Hook and Ladder Fire House, vicinity, 99001279 212 Safford St., Bennington, 99001295 Baltimore Independent City [FR Doc. 99–26564 Filed 10–8–99; 8:45 am] DEPARTMENT OF JUSTICE BILLING CODE 4310±70±P Proctor and Gamble Baltimore Plant, 1422 Office of Juvenile Justice and Nicholson St., Baltimore, 99001280 Delinquency Prevention Mississippi DEPARTMENT OF THE INTERIOR [OJP(OJJDP)±1253] Franklin County National Park Service RIN 1121±ZB87 Clear Springs Recreation Area, Area of Clear Springs Lake, Roxie vicinity, 99001282 Notice of Availability of Director's Meeting of the Coordinating Council on Juvenile Justice and Delinquency Scott County Orders 53, the Revised Guidance for All Special Park Uses in Units of the Prevention Moore Lookout Tower, Scott Cty. Rd. 503, National Park Service Forest vicinity, 99001283 AGENCY: Office of Justice Programs, AGENCY: National Park Service, Interior. Office of Juvenile Justice and North Carolina ACTION: Public notice. Delinquency Prevention, Justice. Moore County ACTION: Notice of Meeting. SUMMARY: The National Park Service Jugtown Pottery, 330 Jugtown Rd., Seagrove SUMMARY: vicinity, 99001284 (NPS) has available for public review, A meeting of the Coordinating the proposed revised guidance Council on Juvenile Justice and Oregon document for all special park uses in Delinquency Prevention will take place Marion County units of the NPS. This information was in the District of Columbia on Friday, developed to provide guidance to November 5, 1999, beginning at 1:00 Oregon Pacific Railroad Linear Historic managers in all units of the National p.m. and ending at 3:00 p.m. (EDT). District, Roughly a 20 mi. section of the Park System who deal with requests for This advisory committee, chartered as Old Railroad Grade bet. Idanha and The Cascade Range summit, Santiam Junction special park uses including but not the Coordinating Council on Juvenile vicinity, 99001285 limited to special events, utility rights- Justice and Delinquency Prevention, of-way including those for will meet in the Mansfield Room (S207) Union County telecommunication antenna sites, at the United States Capitol Building, Hudelson, A.B. and Son, Building, 200 E St., commercial filming and photography, Washington, DC 20510. The North Powder, 99001286 and other uses. At the end of the review Coordinating Council, established

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.295 pfrm04 PsN: 12OCN1 55310 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices pursuant to Section 3(2)A of the Federal NATIONAL SCIENCE FOUNDATION 254–EAJA–SE–14331; disposition of Advisory Committee Act (5 U.S.C. App. the Administrator’s appeal. 2), will meet to carry out its advisory Notice of Permits Issued Under the NEWS MEDIA CONTACT: Telephone: (202) functions under Section 206 of the Antarctic Conservation Act of 1978 314–6100. Juvenile Justice and Delinquency AGENCY: National Science Foundation. Individuals requesting specific Prevention Act of 1974, as amended. ACTION: Notice of permits issued under accommodation should contact Mrs. This meeting will be open to the public. the Antarctic Conservation Act of 1978, Barbara Bush at (202) 314–6220 by Members of the public who are Public Law 95–541. Friday, October 15, 1999. attending the meeting should notify the Juvenile Justice Resource Center by 5:00 SUMMARY: The National Science FOR MORE INFORMATION CONTACT: Rhonda p.m. (EDT) on Monday, October 25, Foundation (NSF) is required to publish Underwood (202) 314–6065. 1999. The contact person is Nichelle notice of permits issued under the Dated: October 7, 1999. Millings, who can be reached at (301) Antarctic Conservation Act of 1978. Rhonda Underwood, 519–5901. For security purposes, This is the required notice. Federal Register Liaison Officer. FOR FURTHER INFORMATION CONTACT: picture identification will be required. [FR Doc. 99–26698 Filed 10–7–99; 2:43 pm] Nadene G. Kennedy, Permit Office, Shay Bilchik, Office of Polar Programs, Rm. 755, BILLING CODE 7533±01±M Administrator Office of Juvenile Justice and National Science Foundation, 4201 Delinquency Prevention. Wilson Boulevard, Arlington, VA 22230. [FR Doc. 99–26595 Filed 10–8–99; 8:45 am] SUPPLEMENTARY INFORMATION: On August NUCLEAR REGULATORY BILLING CODE 4410±18±P 17, 1999, the National Science COMMISSION Foundation published a notice in the [Docket No. 50±440] Federal Register of permit applications received. Permits were issued on FirstEnergy Nuclear Operating NATIONAL CREDIT UNION October 4, 1999 to the following Company, et al.; Order Approving ADMINISTRATION applicants: Transfer of License And Conforming David Ainley: Permit No. 2000–007 Amendment Sunshine Act Meeting John E. Carlstrom: Permit No. 2000–010 Nadene G. Kennedy, I Notice of Changes in Subject of Permit Officer. The Cleveland Electric Illuminating Meeting and Cancellation of Closed [FR Doc. 99–26467 Filed 10–8–99; 8:45 am] Company (CEICO), Duquesne Light Meeting BILLING CODE 7555±01±M Company (DLC), Ohio Edison Company, OES Nuclear, Inc., Pennsylvania Power The National Credit Union Company (Penn Power), Toledo Edison Administration Board determined that Company, and FirstEnergy Nuclear its business required the deletion of the NATIONAL TRANSPORTATION SAFETY BOARD Operating Company (FENOC) are the following two items from the previously licensees of the Perry Nuclear Power announced closed meeting (Federal Sunshine Act Meeting Plant, Unit 1 (PNPP). FENOC, the only Register, Vol. 64, page 54364, non-owner licensee, acts as agent for the TIME AND DATE: Wednesday, October 6, 1999) scheduled 9:30 a.m., Tuesday, owners and has exclusive responsibility for Wednesday, October 6, 1999. October 19, 1999. for, and control over, the physical PLACE: NTSB Board Room, 5th Floor, 1. Field of Membership Appeal. construction, operation, and 490 L’Enfant Plaza, S.W., Washington, Closed pursuant to exemption (8). maintenance of PNPP as reflected in DC 20594. Operating License No. NPF–58. With 2. Modification of NCUA’s STATUS: The first item is open to the the exception of DLC, FENOC and each Indemnification Policy. Closed pursuant public. The last four items are closed of the remaining licensees are wholly to exemptions (2) and (6). under Exemption 10 of the Government owned subsidiaries of FirstEnergy The Board voted unanimously that in the Sunshine Act. Corporation (FE). The U.S. Nuclear agency business required that these MATTERS TO BE CONSIDERED: Regulatory Commission (NRC) issued items be deleted from the agenda with 7205 Response to Safety Operating License No. NPF–58 on less than the usual seven days notice Recommendation A–95–116 from March 18, 1986, pursuant to Part 50 of and that no earlier announcement of Federal Aviation Administration Title 10 of the Code of Federal these changes was possible. regarding information to be retained Regulations (10 CFR Part 50). The The previously announced items were in pilot records. facility is located on the shore of Lake the same two items deleted from the 6989 Opinion and Order: Erie in Lake County, Ohio, agenda. Since those were the only two Administrator v. Svensson, Docket approximately 35 miles northeast of items on the agenda, there being no SE–14843; disposition of the Cleveland, Ohio. agenda, the closed meeting was Administrator’s appeal. II canceled. 7148A Opinion and Order: Administrator v. Werth, Docket SE– By application dated May 5, 1999, FOR FURTHER INFORMATION CONTACT: 15013; disposition of respondent’s CEICO, DLC, and FENOC requested Becky Baker, Secretary of the Board, petition for reconsideration. approval of the proposed transfer of Telephone (703) 518–6304. 7176 Opinion and Order: DLC’s 13.74 percent undivided Administrator v. Macko, Docket SE– ownership interest in PNPP to CEICO, Becky Baker, 15188; disposition of respondent’s which presently owns a 31.11 percent Secretary of the Board. appeal. interest. In addition, the application [FR Doc. 99–26677 Filed 10–7–99; 2:17 pm] 7177 Opinion and Order: requested approval of a conforming BILLING CODE 7535±01±M Administrator v. Livingston, Docket amendment to reflect the transfer. No

VerDate 06-OCT-99 19:49 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm07 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55311 physical changes will be made to PNPP Energy Act of 1954, as amended; 42 NUCLEAR REGULATORY as a result of this transfer, and there will USC 2201(b), 2201(i), and 2234; and 10 COMMISSION be no significant change in the CFR 50.80, It is hereby ordered that the [Docket Nos. 50±361 and 50±362] operations of PNPP. FENOC would license transfer referenced above is remain as the agent for the joint owners approved, subject to the following Southern California Edison Company, of the facility and would continue to conditions: San Onofre Nuclear Generating have exclusive responsibility for the Station, Units 2 and 3; Notice of management, operation, and (1) All decommissioning funding arrangements pertaining to the transfer Consideration of Issuance of maintenance of PNPP. The conforming Amendments to Facility Operating amendment would remove DLC from of DLC’s ownership interest to CEICO, as set forth in the application and the Licenses, Proposed No Significant the facility operating license. Hazards Consideration Determination, Approval of the transfer and safety evaluation supporting this Order, and Opportunity for a Hearing conforming license amendment was shall be implemented and fulfilled. requested pursuant to 10 CFR 50.80 and (2) After the receipt of all required The U.S. Nuclear Regulatory 50.90. Notice of the application for regulatory approvals of this transfer of Commission (the Commission) is approval and an opportunity for a DLC’s interest in Perry to CEICO, CEICO considering issuance of amendments to hearing was published in the Federal shall inform the Director, Office of Facility Operating Licenses Nos. NPF– Register on June 14, 1999 (64 FR 31879). Nuclear Reactor Regulation, in writing, 10 and NPF–15 issued to Southern Under 10 CFR 50.80, no license, or California Edison Company (SCE, the any right thereunder, shall be of such receipt within five business days, and of the date of the closing of licensee) for operation of the San Onofre transferred, directly or indirectly, Nuclear Generating Station (SONGS), the transfer no later than seven business through transfer of control of the Units 2 and 3, located in San Diego days prior to the date of the closing. license, unless the Commission shall County, California. give its consent in writing. Upon review Should the transfer not be completed by The proposed amendments would of the information contained in the September 30, 2000, this Order shall revise the SONGS Units 2 and 3 application of May 5, 1999, and other become null and void, provided, technical specifications (TSs) information before the Commission, the however, on application and for good Surveillance Requirement (SR) 3.3.9 to NRC staff has determined that CEICO is cause shown, such date may be include a response time testing qualified to hold the license to the extended. requirement for the control room extent proposed in the application and It is further ordered that, consistent isolation signal (CRIS). that the transfer of the license, to the with 10 CFR 2.1315(b), a license Before issuance of the proposed extent it is held by DLC, to CEICO is amendment that makes changes, as license amendments, the Commission otherwise consistent with applicable indicated in the attachment to this will have made findings required by the provisions of law, regulations, and Atomic Energy Act of 1954, as amended orders issued by the Commission, Order, to conform the license to reflect the subject license transfer is approved. (the Act), and the Commission’s subject to the conditions set forth regulations. herein. The NRC staff has further found Such amendment shall be issued and The Commission has made a that the application for the proposed made effective at the time the proposed proposed determination that the license amendment complies with the license transfer is completed. amendment request involves no standards and requirements of the This Order is effective upon issuance. significant hazards consideration. Under Atomic Energy Act of 1954, as amended For further details with respect to this the Commission’s regulations in 10 CFR (the Act), and the Commission’s rules Order, see the application dated May 5, 50.92, this means that operation of the and regulations set forth in 10 CFR 1999, and the safety evaluation dated facility in accordance with the proposed Chapter I; the facility will operate in amendments would not (1) involve a conformity with the application, the September 30, 1999, which are available for public inspection at the significant increase in the probability or provisions of the Act, and the rules and consequences of an accident previously Commission’s Public Document Room, regulations of the Commission; there is evaluated; or (2) create the possibility of the Gelman Building, 2120 L Street, reasonable assurance that the activities a new or different kind of accident from authorized by the proposed license NW., Washington, DC, and at the local any accident previously evaluated; or amendment can be conducted without public document room located at the (3) involve a significant reduction in a endangering the health and safety of the Perry Public Library, 3753 Main Street, margin of safety. As required by 10 CFR public and that such activities will be Perry, OH 44081. 50.91(a), the licensee has provided its conducted in compliance with the Dated at Rockville, Maryland, this 30th day analysis of the issue of no significant Commission’s regulations; the issuance of September 1999. hazards consideration, which is of the proposed license amendment will For The Nuclear Regulatory Commission. presented below: not be inimical to the common defense Samuel J. Collins, Do the proposed amendments— and security or to the health and safety 1. Involve a significant increase in the Director, Office of Nuclear Reactor of the public; and the issuance of the probability or consequences of an accident Regulation. proposed amendment will be in previously evaluated? accordance with 10 CFR Part 51 of the [FR Doc. 99–26490 Filed 10–8–99; 8:45 am] Response: No. Commission’s regulations, and all BILLING CODE 7590±01±P The proposed change will maintain the applicable requirements have been Control Room Isolation Signal (CRIS) satisfied. The foregoing findings are operability and surveillance requirements in the Technical Specification. The proposed supported by a safety evaluation dated change only adds response time testing. The September 30, 1999. probability of an accident and the III consequences of an accident are unaffected by this proposed change since the Safety Accordingly, pursuant to Sections Analysis remains unaffected. Therefore, 161b, 161i, and 184 of the Atomic operation of the facility in accordance with

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.193 pfrm04 PsN: 12OCN1 55312 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices this change will not involve an increase in Administration, U.S. Nuclear Regulatory subject matter of the proceeding as to the probability or consequences of an Commission, Washington, DC 20555– which petitioner wishes to intervene. accident previously evaluated. 0001, and should cite the publication Any person who has filed a petition for 2. Create the possibility of a new or date and page number of this Federal leave to intervene or who has been different kind of accident from any accident Register notice. Written comments may previously evaluated? admitted as a party may amend the Response: No. also be delivered to Room 6D59, Two petition without requesting leave of the Addition of response time testing will not White Flint North, 11545 Rockville Board up to 15 days prior to the first alter the design and operational interface Pike, Rockville, Maryland, from 7:30 prehearing conference scheduled in the between the CRIS instrumentation and a.m. to 4:15 p.m. Federal workdays. proceeding, but such an amended existing plant equipment. The monitors will Copies of written comments received petition must satisfy the specificity continue to operate and perform their may be examined at the NRC Public requirements described above. intended safety function to isolate the control Document Room, the Gelman Building, Not later than 15 days prior to the first room following a design basis accident as 2120 L Street, NW., Washington, DC. prehearing conference scheduled in the before. Therefore, operation of the facility in The filing of requests for hearing and proceeding, a petitioner shall file a accordance with this proposed change will petitions for leave to intervene is not create the possibility of a new or different supplement to the petition to intervene kind of accident from any accident discussed below. which must include a list of the previously evaluated. By November 12, 1999, the licensee contentions which are sought to be 3. Involve a significant reduction in a may file a request for a hearing with litigated in the matter. Each contention margin of safety? respect to issuance of the amendments must consist of a specific statement of Response: No. to the subject facilities operating the issue of law or fact to be raised or This proposed change will not affect the licenses and any person whose interest controverted. In addition, the petitioner margin of safety since this is an addition to may be affected by this proceeding and shall provide a brief explanation of the the Technical Specifications with the who wishes to participate as a party in bases of the contention and a concise purpose of verifying compliance with 10 CFR the proceeding must file a written Part 50 Appendix A General Design Criterion statement of the alleged facts or expert request for a hearing and a petition for opinion which support the contention 19. Addition of response time testing will leave to intervene. Requests for a verify this specific margin of safety. and on which the petitioner intends to hearing and a petition for leave to rely in proving the contention at the The NRC staff has reviewed the intervene shall be filed in accordance hearing. The petitioner must also licensee’s analysis and, based on this with the Commission’s ‘‘Rules of provide references to those specific review, it appears that the three Practice for Domestic Licensing sources and documents of which the standards of 10 CFR 50.92(c) are Proceedings’’ in 10 CFR part 2. petitioner is aware and on which the satisfied. Therefore, the NRC staff Interested persons should consult a petitioner intends to rely to establish proposes to determine that the current copy of 10 CFR 2.714 which is those facts or expert opinion. Petitioner amendment request involves no available at the Commission’s Public must provide sufficient information to significant hazards consideration. Document Room, the Gelman Building, show that a genuine dispute exists with The Commission is seeking public 2120 L Street, NW., Washington, DC, the applicant on a material issue of law comments on this proposed and at the local public document room determination. Any comments received located at the Main Library, University or fact. Contentions shall be limited to within 30 days after the date of of California, Irvine, California 92713. If matters within the scope of the publication of this notice will be a request for a hearing or petition for amendment under consideration. The considered in making any final leave to intervene is filed by the above contention must be one which, if determination. date, the Commission or an Atomic proven, would entitle the petitioner to Normally, the Commission will not Safety and Licensing Board, designated relief. A petitioner who fails to file such issue the amendments until the by the Commission or by the Chairman a supplement which satisfies these expiration of the 30-day notice period. of the Atomic Safety and Licensing requirements with respect to at least one However, should circumstances change Board Panel, will rule on the request contention will not be permitted to during the notice period such that and/or petition; and the Secretary or the participate as a party. failure to act in a timely way would designated Atomic Safety and Licensing Those permitted to intervene become result, for example, in derating or Board will issue a notice of hearing or parties to the proceeding, subject to any shutdown of the facility, the an appropriate order. limitations in the order granting leave to Commission may issue the license As required by 10 CFR 2.714, a intervene, and have the opportunity to amendments before the expiration of the petition for leave to intervene shall set participate fully in the conduct of the 30-day notice period, provided that its forth with particularity the interest of hearing, including the opportunity to final determination is that the the petitioner in the proceeding, and present evidence and cross-examine amendments involve no significant how that interest may be affected by the witnesses. hazards consideration. The final results of the proceeding. The petition If a hearing is requested, the determination will consider all public should specifically explain the reasons Commission will make a final and State comments received. Should why intervention should be permitted determination on the issue of no the Commission take this action, it will with particular reference to the significant hazards consideration. The publish in the Federal Register a notice following factors: (1) The nature of the final determination will serve to decide of issuance and provide for opportunity petitioner’s right under the Act to be when the hearing is held. for a hearing after issuance. The made party to the proceeding; (2) the If the final determination is that the Commission expects that the need to nature and extent of the petitioner’s amendment request involves no take this action will occur very property, financial, or other interest in significant hazards consideration, the infrequently. the proceeding; and (3) the possible Commission may issue the amendment Written comments may be submitted effect of any order which may be and make it immediately effective, by mail to the Chief, Rules and entered in the proceeding on the notwithstanding the request for a Directives Branch, Division of petitioner’s interest. The petition should hearing. Any hearing held would take Administrative Services, Office of also identify the specific aspect(s) of the place after issuance of the amendments.

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If the final determination is that the considering issuance of an amendment administrative changes were necessary amendment request involves a to Facility Operating License No. DPR– as a result of the four changes made significant hazards consideration, any 6, issued to Consumers Energy above. hearing held would take place before Company (the licensee). The Environmental Impacts of the Proposed the issuance of any amendment. amendment would revise Appendix A Action A request for a hearing or a petition Technical Specifications (TSs) for the for leave to intervene must be filed with Big Rock Point (BRP) Plant, a The Commission has completed its the Secretary of the Commission, U.S. permanently shutdown nuclear reactor evaluation of the proposed amendment Nuclear Regulatory Commission, facility located in Charlevoix County, to the BRP TSs and concludes that Washington, DC 20555–0001, Attention: Michigan. issuance of the proposed amendment Rulemakings and Adjudications Staff, or will not have an environmental impact. may be delivered to the Commission’s Environmental Assessment The proposed change in TS site-specific Public Document Room, the Gelman Identification of Proposed Action information is consistent with the Building, 2120 L Street, NW., regulations and regulatory guidance and The proposed action would make Washington, DC, by close of business of is considered editorial and changes to the TSs by deleting (1) the the above date. A copy of the petition administrative in nature. The licensee definition Site Boundary and its use should also be sent to the Office of the does not propose any disposal or throughout the TSs, (2) Figure 5.1–1, the General Counsel, U.S. Nuclear relocation of nuclear fuel or any changes BRP site map, (3) TS 5.1.1 paragraph Regulatory Commission, Washington, to structures, systems, components, or numbering, and (4) other site-specific DC 20555–0001, and to Douglas K. site boundaries. Porter, Esquire, Southern California information describing the site and site The proposed action will not increase Edison Company, 2244 Walnut Grove boundary. The proposed action would the probability or consequences of Avenue, Rosemead, California 91770, also make editorial or administrative accidents, no changes are being made in attorney for the licensee. changes to TSs 6.6.2.5.g, h, and j and the types of any effluents that may be Nontimely filings of petitions for 6.6.2.6.b for the above four changes. The released off site, and there is no leave to intervene, amended petitions, proposed action is in accordance with significant increase in occupational or supplemental petitions and/or requests the licensee’s application for public radiation exposure. Therefore, for hearing will not be entertained amendment dated May 11, 1999, as there are no significant radiological absent a determination by the supplemented by letters dated June 3 environmental impacts associated with Commission, the presiding officer or the and July 28, 1999. the proposed action. presiding Atomic Safety and Licensing The Need for the Proposed Action With regard to potential non- Board that the petition and/or request radiological impacts, the proposed The proposed action would, for item should be granted based upon a action does not involve any historical (1) above, remove from the TSs a balancing of the factors specified in 10 sites. It does not affect non-radiological definition that is not needed because CFR 2.714(a)(1)(i)–(v) and 2.714(d). plant effluents and has no other Site Boundary is defined in 10 CFR Part For further details with respect to this environmental impact. Therefore, there 20. The TSs and Part 20 definitions are action, see the application for are no significant non-radiological equivalent. For item (2), TS Figure 5.1– amendments dated October 20, 1998 environmental impacts associated with 1, the BRP site map, is equivalently (PCN 485), as supplemented August 13, the proposed action. represented in the licensee-controlled 1999, which are available for public Accordingly, the Commission Final Hazards Summary Report (FHSR) inspection at the Commission’s Public concludes that there are no significant and this type of site-specific information Document Room, the Gelman Building, environmental impacts associated with is not required to be in TSs under 10 2120 L Street, NW., Washington, DC, the proposed action. and at the local public document room, CFR 50.36a requirements. Furthermore, located at the Main Library, University this change to the TSs is consistent with Alternatives to the Proposed Action of California, Irvine, California 92713. NRC guidance in NUREG–1433, As an alternative to the proposed ‘‘Standard Technical Specifications, Dated at Rockville, Maryland, this 5th day action, the staff considered denial of the of October, 1999. General Electric Plants, BWR/4.’’ In proposed action (i.e., the ‘‘no-action’’ For the Nuclear Regulatory Commission. concert with Section 50.36a alternative). Denial of the application requirements, NUREG–1433 provides L. Raghavan, would result in no change in current guidance in determining a minimum set environmental impacts. The Senior Project Manager, Section 2, Project of standard requirements for Directorate IV & Decommissioning, Division environmental impacts of the proposed of Licensing Project Management, Office of permanently shutdown reactor facilities. action and the alternative action are Nuclear Reactor Regulation. Item (3) is administrative in nature in similar. [FR Doc. 99–26488 Filed 10–8–99; 8:45 am] that it removes TS paragraph numbering due to the removal of site-specific Alternative Use of Resources BILLING CODE 7590±01±P information as described in Item (4). This action does not involve the use Item (4) would delete certain site- of any resources not previously NUCLEAR REGULATORY specific information from the TS considered in environmental reviews for COMMISSION description of the BRP site. Most of this the BRP plant. site-specific information is already [Docket No. 50±155] contained in the licensee’s FHSR. This Agencies and Persons Contacted Consumers Energy Company; Big information includes distances from the In accordance with its stated policy, Rock Point Plant; Environmental reactor centerline to the nearest site on June 7 and August 9, 1999, the staff Assessment and Finding of No boundary. The information that is not consulted with the State of Michigan Significant Impact currently in the FHSR will be placed in official, Mr. David W. Minnaar, Chief, the FHSR as committed by the licensee Radiological Protection Section, The U.S. Nuclear Regulatory in its letter of July 28, 1999. Regarding Drinking Water and Radiological Commission (the Commission) is the last item, editorial and Protection Division, Michigan

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Department of Environmental Quality, Revision 1, of April 1995. The proposed safety of plant operations and are regarding the environmental impact of action is in accordance with SNC’s acceptable. the proposed action. The State official application of March 12, 1998, The NRC has reviewed all changes had no comments. supplemented by SNC’s letters of April involving less restrictive requirements. 24, 1998, August 20, 1998, November Removing CTS requirements that Finding of No Significant Impact 20, 1998, February 3, 1999, February 20, provide little or no safety benefit or On the basis of the environmental 1999, April 30, 1999 (two letters), June place unnecessary burdens on SNC is assessment, the Commission concludes 30, 1999, July 27, 1999, August 19, justified. In most cases, TS relaxations that the proposed action will not have 1999, August 30, 1999, and September previously granted on a plant-specific a significant effect on the quality of the 15, 1999. basis resulted from generic NRC action human environment. Accordingly, the or from agreements reached during The Need for the Proposed Action Commission has determined not to discussions with the OG and are prepare an environmental impact Implementing ITS at Farley would acceptable for Farley, Units 1 and 2. The statement for the proposed action. benefit nuclear safety. The NRC reviewed the generic relaxations For further details with respect to the Commission’s ‘‘NRC Interim Policy contained in NUREG–1432 and SNC’s proposed action, see the licensee’s letter Statement on Technical Specification deviations from NUREG–1432 and dated May 11, 1999, as supplemented Improvements for Nuclear Power determined they are acceptable for by letters dated June 3 and July 28, Reactors,’’ (52 FR 3788, February 6, Farley, Units 1 & 2. 1999, which are available for public 1987), and later the Commission’s In summary, the NRC determined that inspection at the Commission’s Public ‘‘Final Policy Statement on Technical the Farley, Units 1 and 2, ITS provide Document Room, The Gelman Building, Specification Improvements for Nuclear control of plant operations such that 2120 L Street, NW., Washington, DC, Power Reactors,’’ (58 FR 39132, July 22, there is reasonable assurance that the and at the Commission’s local public 1993), formalized this need. Each health and safety of the public will be document room located in the North reactor vendor owners group (OG) and adequately protected. Central Michigan College Library, 1515 the NRC staff developed standard TS The proposed action will not increase Howard Street, Petoskey, Michigan (STS) to aid in producing individual the probability or consequences of 49770. plant ITS. NRC NUREG–1432 contains accidents, no changes are being made in Dated at Rockville, Maryland, this 4th day the STS for Westinghouse-designed the types of any effluents that may be of October, 1999. reactor plants. The NRC Committee to released off site, and there is no For the Nuclear Regulatory Commission. Review Generic Requirements reviewed significant increase in occupational or NUREG–1432, noted the safety merits of Michael T. Masnik, public radiation exposure. Therefore, the STS, and indicated that it supported there are no significant radiological Chief, Decommissioning Section, Project operating plants converting to the STS. Directorate IV & Decommissioning, Division environmental impacts associated with of Licensing Project Management, Office of SNC used NUREG–1432 as the basis for the proposed action. Nuclear Reactor Regulation. developing the Farley, Units 1 and 2, With regard to potential non- [FR Doc. 99–26489 Filed 10–8–99; 8:45 am] ITS. radiological impacts, the proposed action does not involve any historic BILLING CODE 7590±01±P Environmental Impacts of the Proposed Action sites. It does not affect non-radiological plant effluents and has no other The Commission has completed its environmental impact. Therefore, there NUCLEAR REGULATORY evaluation of the proposed action and COMMISSION are no significant non-radiological concludes that the proposed TS environmental impacts associated with [Docket Nos. 50±348 and 50±364] conversion does not increase the the proposed action. probability or consequences of accidents Accordingly, the Commission Southern Nuclear Operating Company, previously analyzed and does not affect concludes that there are no significant Inc., Alabama Power Company, Joseph facility radiation levels or facility environmental impacts associated with M. Farley Nuclear Plant, Units 1 and 2; radiological effluents. the proposed action. Environmental Assessment and Changes that are administrative in Finding of No Significant Impact nature have no effect on the technical Alternatives to the Proposed Action content of the ITS and are acceptable. The U.S. Nuclear Regulatory As an alternative to the proposed The increased clarity and understanding Commission (NRC or the Commission) action, the staff considered denying the these changes bring to the ITS are is considering issuance of an proposed action (i.e., the ‘‘no-action’’ expected to improve the operator’s amendment to Facility Operating alternative). Denial of the application control of the plant in normal and License Nos. NPF–2 and NPF–8, issued would result in no change in current accident conditions. to Southern Nuclear Operating environmental impacts. The Relocating CTS requirements to SNC- environmental impacts of the proposed Company, Inc, (SNC), for operation of controlled documents does not change the Joseph M. Farley Nuclear Plant, action and the alternative action are the requirements. SNC may make future similar. Units 1 and 2, located in Houston changes to these requirements, but SNC County, Alabama. must make the changes under 10 CFR Alternative Use of Resources Environmental Assessment 50.59 or other NRC-approved control This action does not involve the use methods. This assures that SNC will of any resources not previously Identification of the Proposed Action maintain adequate requirements. All considered in the Final Environmental The proposed action would fully such CTS relocations conform to Statement for Farley, Units 1 and 2. convert SNC’s current technical NUREG–1432 guidelines and the Final specifications (CTS) to Improved Policy Statement, and are therefore Agencies and Persons Consulted Technical Specifications (ITS) based on acceptable. In accordance with its stated policy, NUREG–1431, ‘‘Standard Technical Changes involving more restrictive on September 24, 1999, the staff Specifications, Westinghouse Plants,’’ requirements are likely to enhance the consulted with the Alabama State

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The State official had Comments and suggestions in Comments and suggestions in no comments. connection with items for inclusion in connection with items for inclusion in guides currently being developed or guides currently being developed or Finding of No Significant Impact improvements in all published guides improvements in all published guides On the basis of the environmental are encouraged at any time. Written are encouraged at any time. Written assessment, the Commission concludes comments may be submitted to the comments may be submitted to the that the proposed action will not have Rules and Directives Branch, Division of Rules and Directives Branch, Office of a significant effect on the quality of the Administrative Services, Office of Administration, U.S. Nuclear Regulatory human environment. Accordingly, the Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Commission has determined not to Commission, Washington, DC 20555. Recently published regulatory guides prepare an environmental impact Regulatory guides are available for are available on the NRC’s web site at statement for the proposed action. inspection at the Commission’s Public in the Reference For further details with respect to the Document Room, 2120 L Street NW., Library under Regulatory Guides. proposed action, see SNC’s letter of Washington, DC. Single copies of Regulatory guides are also available for March 12, 1998, supplemented by SNC’s regulatory guides may be obtained free inspection at the Commission’s Public letters of April 24, 1998, August 20, of charge by writing the Office of Document Room, 2120 L Street NW., 1998, November 20, 1998, February 3, Administration, Attention: Washington, DC. Single copies of 1999, February 20, 1999, April 30, 1999 Reproduction and Distribution Services regulatory guides may be obtained free (two letters), June 30, 1999, July 27, Section, U.S. Nuclear Regulatory of charge by writing the Reproduction 1999, August 19, 1999, August 30, 1999, Commission, Washington, DC 20555– and Distribution Services Section, and September 15, 1999, which are 0001, or by fax to (301) 415–2289, or by OCIO, U.S. Nuclear Regulatory available for public inspection at the email to . Commission, Washington, DC 20555– Commission’s Public Document Room, Issued guides may also be purchased 0001, or by fax at (301) 415–2289. The Gelman Building, 2120 L Street, from the National Technical Information Issued guides may also be purchased NW., Washington, DC, and at the local Service on a standing order basis. from the National Technical Information public document room located at the Details on this service may be obtained Service on a standing order basis. Houston-Love Memorial Library, 212 W. by writing NTIS, 5285 Port Royal Road, Details on this service may be obtained Burdeshaw Street, Post Office Box 1369, Springfield, VA 22161. Regulatory by writing NTIS, 5285 Port Royal Road, Dothan, Alabama 36302. guides are not copyrighted, and Springfield, VA 22161. Regulatory Dated at Rockville, Maryland, this 5th day Commission approval is not required to guides are not copyrighted, and of October, 1999. reproduce them. Commission approval is not required to For the Nuclear Regulatory Commission. (5 U.S.C. 552(a)) reproduce them. L. Mark Padovan, Dated at Rockville, Maryland, this 30th day (5 U.S.C. 552(a)) Project Manager, Section 1, Project of September 1999. Dated at Rockville, Maryland, this 30th day Directorate II, Division of Licensing Project For the Nuclear Regulatory Commission. of September 1999. Management, Office of Nuclear Reactor Ashok C. Thadani, For the Nuclear Regulatory Commission. Regulation. Director, Office of Nuclear Regulatory Ashok C. Thadani, [FR Doc. 99–26493 Filed 10–8–99; 8:45 am] Research. Director, Office of Nuclear Regulatory BILLING CODE 7590±01±P [FR Doc. 99–26491 Filed 10–8–99; 8:45 am] Research. BILLING CODE 7590±01±P [FR Doc. 99–26492 Filed 10–8–99; 8:45 am] NUCLEAR REGULATORY BILLING CODE 7590±01±P COMMISSION NUCLEAR REGULATORY COMMISSION Regulatory Guide; Issuance, SECURITIES AND EXCHANGE Availability Regulatory Guide; Issuance, COMMISSION Availability The Nuclear Regulatory Commission [SEC File No. 270±421] has issued a new guide in its Regulatory The Nuclear Regulatory Commission Proposed Collection; Comment Guide Series. This series has been has issued a revision to a guide in its Request developed to describe and make Regulatory Guide Series. This series has available to the public such information been developed to describe and make Upon Written Request, Copies Available as methods acceptable to the NRC staff available to the public such information From: for implementing specific parts of the as methods acceptable to the NRC staff Securities and Exchange Commission, Office Commission’s regulations, techniques for implementing specific parts of the of Filings and Information Services, used by the staff in evaluating specific Commission’s regulations, techniques Washington, DC 20549 problems or postulated accidents, and used by the staff in evaluating specific Extension: data needed by the staff in its review of problems or postulated accidents, and Rule 15c2–8 applications for permits and licenses. data needed by the staff in its review of SEC File No. 270–421 Regulatory Guide 1.181, ‘‘Content of applications for permits and licenses. OMB Control No. 3235–0481 the Updated Final Safety Analysis Revision 1 of Regulatory Guide 8.15, Notice is hereby given that pursuant Report in Accordance with 10 CFR ‘‘Acceptable Programs for Respiratory to the Paperwork Reduction Act of 1995 50.71(e),’’ has been developed to Protection,’’ describes a respiratory (44 U.S.C. 3501 et seq.), the Securities describe methods acceptable to the NRC protection program that is acceptable to and Exchange Commission staff for updating the content of Final the NRC staff. The guide also provides (‘‘Commission’’) is soliciting comments

VerDate 06-OCT-99 19:49 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm07 PsN: 12OCN1 55316 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices on the collection of information ACTION: Notice of application for an available for a fee from the SEC’s Public summarized below. The Commission order pursuant to Section 26(b) of the Reference Branch, 450 Fifth Street, plans to submit this existing collection Investment Company Act of 1940 (the N.W., Washington, D.C. 20549–0102 of information to the Office of ‘‘1940 Act’’) approving certain (tel. (202) 942–8090). substitutions of securities, and pursuant Management and Budget for extension Applicants’ Representations and approval. to Section 17(b) of the 1940 Act 1. AVLIC is a stock life insurance ∆ exempting related transactions from Rule 15c2–8 Delivery of Prospectus Section 17(a) of the 1940 Act. company organized in the State of Rule 15c2–8 requires broker-dealers to Nebraska and currently licensed to sell deliver preliminary or final SUMMARY OF APPLICATION: Applicants life insurance in 46 states and in the prospectuses to specified persons in request an order to permit certain District of Columbia. AVLIC is a wholly- association with securities offerings. registered unit investment trusts to owned subsidiary of AMAL Corporation This requirement ensures that substitute investment portfolios created (‘‘AMAL’’), a corporation organized information concerning issuers flows to by Calvert Variable Series, a registered under Nebraska law in 1996; Ameritas purchasers of the issuers’ securities in a open-end management investment Life Insurance Company (‘‘Ameritas timely fashion. There are approximately company, for portfolios of other Life’’), also a Nebraska corporation, 8,500 broker-dealers, any of which registered management investment owns a majority interest in AMAL potentially may participate in an companies, and to permit certain in- Corporation. Ameritas Life was, in turn offering subject to Rule 15c2–8. The kind redemptions of portfolio securities a wholly-owned indirect subsidiary of Commission estimates that Rule 15c2–8 in connection with the substitutions. Ameritas Mutual Insurance Holding creates approximately 50,000 burden APPLICANTS: Ameritas Variable Life Company. Ameritas Mutual Insurance hours with respect to 650 initial public Insurance Corp. (‘‘AVLIC’’), Ameritas Holding Company and Acacia Mutual offerings and 1,750 other offerings. Variable Life Insurance Corp. Separate Holding Company (‘‘Acacia’’), Written comments are invited on: (a) Account VA–2 (‘‘Separate Account VA– subsidiaries of which include whether the proposed collection of 2’’), Ameritas Investment Corp. (‘‘AIC’’), companies that provide investment information is necessary for the proper and Ameritas Variable Life Insurance advisory and/or other services to CVS, performance of the functions of the Corp. Separate Account V (‘‘Separate consummated a merger effective January agency, including whether the Account V’’) (collectively, the 1, 1999 (‘‘Ameritas-Acacia Merger’’). information shall have practical utility; ‘‘Applicants’’). The combined company is known as (b) the accuracy of the agency’s FILING DATE: The application was filed AmeritasAcacia Mutual Holding estimates of the burden of the proposed on March 18, 1999 and amended and Company. 2. AIC, a Nebraska corporation, is an collection of information; (c) ways to restated on September 27, 1999. investment adviser registered under the enhance the quality, utility, and clarity HEARING OR NOTIFICATION OF HEARING: An Investment Advisers Act of 1940, as of the information to be collected; and order granting the application will be amended. AIC is a wholly-owned (d) ways to minimize the burden of the issued unless the Commission orders a subsidiary of AMAL and an affiliate of collection of information on hearing. Interested persons may request a hearing by writing to the Secretary of Ameritas Life. respondents, including through the use 3. Separate Account VA–2 and the Commission and serving Applicants of automated collection techniques or Separate Account V (collectively, the with a copy of the request, personally or other forms of information technology. ‘‘Separate Accounts’’) are each by mail. Hearing requests should be Consideration will be given to registered with the Commission under comments and suggestions submitted in received by the Commission by 5:30 the 1940 Act as a unit investment trust. writing within 60 days of this p.m. on October 27, 1999, and should be Separate Account VA–2 serves as the publication. accompanied by proof of service on funding vehicle for variable annuity Please direct your written comments Applicants, in the form of an affidavit contracts (‘‘VA Contracts’’) issued by to Michael E. Bartell, Associate or, for lawyers, a certificate of service. AVLIC. Separate Account V serves as Executive Director, Office of Hearing requests should state the nature the funding vehicle for variable Information Technology, Securities and of the writer’s interest, the reason for the universal life contracts (‘‘VUL Exchange Commission, 450 5th Street, request, and the issues contested. Contracts’’) issued by AVLIC. Each of N.W., Washington, DC 20549. Persons who wish to be notified of a the variable annuity and variable hearing may request notification by Dated: September 30, 1999. universal life contracts funded by the writing to the Secretary of the Jonathan G. Katz, Separate Accounts (collectively, Commission. Secretary. ‘‘Variable Contracts’’) is registered with ADDRESSES: Secretary, Securities and the Commission under the Securities [FR Doc. 99–26522 Filed 10–8–99; 8:45 am] Exchange Commission, 450 Fifth Street, BILLING CODE 8010±01±M Act of 1933 (‘‘1933 Act’’) and is offered N.W., Washington, D.C. 20549–0609. exclusively by means of a prospectus Applicants: c/o Ameritas Variable Life which describes the applicable terms Insurance Company, P.O. Box 81889, SECURITIES AND EXCHANGE and conditions of each such contract. Lincoln, Nebraska 68501–1889, COMMISSION The Separate Accounts are each divided Attention: Donald R. Stading, Esquire. into separate subaccounts (each a FOR FURTHER INFORMATION CONTACT: [Release No. IC±24071; File No. 812±11544] ‘‘Subaccount’’) and each Subaccount Zandra Y. Bailes, Senior Counsel, or invests exclusively in shares of one of Ameritas Variable Life Insurance Corp., Susan M. Olson, Branch Chief, Office of the investment options currently et al. Insurance Products, Division of available to contract holders (the Investment Management, at (202) 942– ‘‘Existing Funds’’). October 4, 1999. 0670. 4. The Existing Funds consist of 26 AGENCY: Securities and Exchange SUPPLEMENTARY INFORMATION: The investment portfolios issued by Commission (the ‘‘Commission’’ or following is a summary of the investment companies not affiliated ‘‘SEC’’). application. The complete application is with Applicants, as follows: Variable

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Insurance Products Funds and Variable separate accounts. Calvert Asset pay the fees and expenses of any Insurance Products Fund II Management Company (‘‘CAMCO’’) Subadviser retained by AIC or any of the (collectively, the ‘‘Fidelity Portfolios’’), provides investment management Ameritas Portfolios. Alger American Fund (‘‘Alger services to each of the current CVS 8. Applicants seek relief for nine Portfolios’’), MFS Variable Insurance Series. CVS has organized nine new substitutions. The table below lists, for Trust (‘‘MFS Portfolios’’); and Morgan series (collectively, the ‘‘Ameritas seven of the nine substitutions, the Stanley Dean Witter Universal Funds, Portfolios’’). Each of the Ameritas Inc. (‘‘Morgan Stanley Portfolios’’). Each Portfolios will replicate the investment Replaced Funds and the Ameritas Of the Existing Funds is registered as a objectives and policies of one of the Portfolios that will be substituted for management investment company Existing Funds involved in the each if the order requested is granted. under the 1940 Act. Not all of the Substitutions (each, a ‘‘Replaced The column entitled ‘‘Investment Existing Funds are involved in the Fund’’). Objective and Policies’’ summarizes the substitutions. The application 7. Overall investment management investment objectives and policies that contemplates that four of the six Alger services will be provided to each of the are now in effect for the indicated Portfolios, three of the five MFS newly organized Ameritas Portfolios by Replaced Fund and will be in effect, Portfolios and two of the ten Fidelity AIC pursuant to an advisory agreement following the substitutions, with respect Portfolios will be replaced by between AIC and CVS (‘‘AIC Advisory to the indicated Ameritas Portfolio. The substantially similar funds. In fact, Agreement’’). Under the AIC Advisory investment objectives and policies of Applicants state that the substitutions Agreement, IC will be responsible for the Ameritas Portfolios mirror those of are structured so that the investment the management of the business and the Replaced Funds. Therefore, objectives and policies of the affairs of each of the Ameritas Applicants stat that following the substituted portfolios will mirror the Portfolios, subject to the supervision of substitutions, each of the listed investment policies and objectives of the Board of Directors of CVS. AIC will Ameritas Portfolios will have objectives the corresponding replaced portfolios. also be authorized to exercise full and policies that are substantially the 5. The Variable contracts expressly investment discretion and make all same as the objectives and policies of reserve to AVLIC the right, subject to determinations with respect to the the Replaced Funds. Moreover, compliance with applicable law, to investment of the assets of the substitute shares of one open-end respective Ameritas Portfolios. Under Applicants state that day-to-day investment company for shares of the AIC Advisory Agreement, AIC will investment decisions for the Ameritas another open-end investment company have the ability, at its own cost and Portfolios listed in the table below will held by a Separate Account. expense and subject to applicable be made by the same investment 6. Calvert Variable Series, Inc., requirements of the 1940 Act, to retain advisory organization that currently (‘‘CVS’’) is registered under the 1940 other investment advisory organizations serves the corresponding Replaced Act as an open-end management series. (‘‘Subadvisers’’) to provide day-to-day Fund. Under these circumstances, Currently, CVS has five investment portfolio management to each of the Applicants represent that the portfolios (‘‘Current CVS Series’’). Ameritas Portfolios. For its services investment objectives of those Shares of the Current CVS Series are under the AIC Advisory Agreement, AIC contractholders who are affected by offered only to insurance companies for will receive a fee from each of the substitutions 1 through 7 will not be allocation to certain of their variable Ameritas Portfolios. AIC, in turn, will materially affected by the substitutions.

Investment objective and policies of Replaced fund Ameritas portfolio Subadviser for Ameritas portfolio replaced fund and Ameritas portfolio

1. Alger Income and Growth Ameritas Income and Growth ...... Fred Alger Management, Inc...... Primarily seeks to provide a high level of dividend income. Sec- ondary goal is to provide capital appreciation. Under normal circumstances, invests in dividend paying equity securities, such as common or preferred stocks, preferably those believed to offer opportunities for capital appreciation. 2. Alger Growth ...... Ameritas Growth ...... Fred Alger Management, Inc...... Seeks long-term capital appreciation. Focuses on companies that generally have broad product lines, markets, financial resources and depth of management. Under normal circumstances, invests primarily in equity securities, such as common or preferred stocks, of companies listed on U.S. exchanges or in the U.S. over-the- counter market, with market capitalizations of $1 billion or greater.

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Investment objective and policies of Replaced fund Ameritas portfolio Subadviser for Ameritas portfolio replaced fund and Ameritas portfolio

3. Alger Small Capitalization Ameritas Small Capitalization ...... Fred Alger Management, Inc...... Seeks long-term capital appreciation. Focuses on small, fastgrowing companies that offer innovative products, services or technologies to a rapidly expanding marketplace. Under normal circumstances, invests primarily in equity securities, such as common or preferred stocks, of small capitalization companies listed on U.S. exchanges or in the U.S. over-the-counter market. A small capitalization company is one that has a market capitalization within the range of companies in the Russel 2000 Growth Index or the S&P SmallCap 600 index. 4. Alger MidCap Growth ...... Ameritas MidCap Growth ...... Fred Alger Management, Inc...... Seeks long-term capital appreciation. Invests in midsize companies with promising growth potential. Under normal circumstances, invests primarily in equity securities, such as common or preferred stocks, of companies listed on U.S. exchanges or in the U.S. over-the-counter market and having a market capitalization within the range of companies in the S&P MidCap 400 Index. 5. MFS Emerging Growth Ameritas Emerging Growth ...... MFS Co...... Seeks long-term growth of capital. Series. Invests, under normal market conditions, at least 65% of its total assets in common stocks and related securities, such as preferred stocks, convertible securities and depositary receipts for those securities, of emerging growth companies. 6. MFS Research Series ...... Ameritas Research ...... MFS Co...... Seeks long-term growth of capital and future income. Invests, under normal market conditions, at least 80% of its total assets in common stocks and related securities, such as preferred stocks, convertible securities and depositary receipts. Focuses on companies that are believed to have favorable prospects for long-term growth, attractive valuations based on current and expected earnings or cash flow, dominant or growing market share and superior management. Investments may be made in companies of any size and may include securities traded on securities exchanges or on the over-the counter-markets.

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Investment objective and policies of Replaced fund Ameritas portfolio Subadviser for Ameritas portfolio replaced fund and Ameritas portfolio

7. MFS Growth w/Income .... Ameritas Growth w/Income ...... MFS Co...... Seeks to provide reasonable current income and long-term growth of capital and income. Invests, under normal market conditions, at least 65% of its total assets in common stocks and related securities, such as preferred stocks, convertible securities and depositary receipts for those securities. These securities may be listed on a securities exchange or traded in the over the counter markets. While investments may be made in companies of any size, the focus is on companies with larger market capitalizations that are believed to have sustainable growth prospects and attractive valuations based on current and expected earnings or cash flow.

9. Substitutions 8 and 9 involve a of the Replaced Funds and the Ameritas represent that the Ameritas Portfolios stock index and a money market fund, Portfolios involved in these two involved in substitutions have respectively—vehicles that select their remaining substitutions, and indicate objectives and policies that are investments from narrowly defined the investment advisory organization sufficiently similar to those of the classes of securities and in accordance that will be responsible for day-to-day Replaced Funds so that the objective of with legally mandated investment portfolio management following the the affected contractholders can disciplines. The tables below compare Substitutions. With respect to continue to be met. the investment objectives and policies substitutions 8 and 9, Applicants

Investment objective and policies

Substitution No. 8 Replaced Fund, Fidelity Index 500, Fidelity Management and Research Seeks investment results that correspond to the total return of common stocks publicly traded in the United States, as represented by the Standard & Poor's 500. Invests at least 80% of assets in common stocks included in the Standard & Poor's 500. May lend securities to earn income for the fund. Ameritas Portfolio, Ameritas Index 500 Portfolio, State Street Global Seeks investment results that correspond to the total return of common Advisors. stocks publicly traded in the United States, as represented by the S&P 500 Stock Index. The Portfolio intends to invest in all 500 stocks in the S&P Index in proportion to the weighting in the Index. Substitution No. 9 Replaced Fund, Fidelity Money Market, Fidelity Management and Re- Seeks as high a level of current income as is consistent with the pres- search. ervation of capital and liquidity. Invests in U.S. dollar-denominated money market securities, including U.S. Government securities and repurchase agreements, and may enter into reverse repurchase agreements. Ameritas Portfolio, Ameritas Money Market Portfolio, CAMCO ...... Seeks as high a level of current income as is consistent with the preservation of capital and liquidity. Invests in U.S. dollar-denominated money market securities of domestic and foreign issuers, including U.S. Government securities and repurchase agreements, and may enter into reverse repurchase agreements. Invests more than 25% in the financial services industry.

10. In contrast to the Ameritas day-to-day portfolio decisions for the Money Market and Ameritas Index 500 Portfolios involved in Substitution Nos. Ameritas Money Market Portfolio will Portfolios. 1–7, the Ameritas Money Market be the responsibility of CAMCO. Day-to- 11. Applicants acknowledge that Portfolio and the Ameritas Index 500 day portfolio decisions for the Ameritas different investment advisory Portfolio will, following the Index 500 Portfolio will be the organizations may approach the substitutions, be subadvised by responsibility of State Street Global management of money market and investment advisory organizations Advisors, a division of State Street Bank index funds differently. However, different from the organizations that and Trust Co. As in the case of the other Applicants state that the potential currently manage the money market and Ameritas Portfolios, however, AIC will impact of the change in the identity of stock index offerings among the Existing provide overall management the investment advisory organization Portfolios. Following the substitutions, supervision for both the Ameritas responsible for day-to-day investment

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Assets at 12/31/98 Replaced fund Expense ratio (000 omitted)

Alger Small Cap ...... 0.89% ...... 1,216,584 Alger Growth ...... 0.79% ...... 1,904,719 Alger Income and Growth ...... 0.70% ...... 77,926 Alger MidCap ...... 0.84% ...... 689,571 MFS Emerging Growth ...... 0.85% ...... 908,987 MFS Research ...... 0.86 ...... 567,778 MFS Growth w/Income ...... 0.88% (after waiver 2) ...... 244,310 Fidelity Index 500 ...... 0.28% (after waiver 2) ...... 3,772,068 Fidelity Money Market ...... 0.30% ...... 1,507,489 1 Prior to October 2, 1998, MFS voluntarily capped operating expenses of the Growth w/Income Fund (exclusive of management fees) at .25%; has this policy not been in effect, the expense ratio for that fund would have been .95%. 2 For the period shown, Fidelity voluntarily capped total operating expenses at .28%; had this policy not been in effect, the expense ratio for the Fidelity Index 500 Portfolio would have been .35%.

15. The following chart shows (i) the Ameritas Portfolios; (iii) expense ratios year cap in effect; and (iv) expense estimated expense ratio for the Ameritas for the Ameritas Portfolios with the 1 ratios after the one year cap. Portfolios; (ii) estimated assets of the

Estimated expense ratio Estimated assets 1 Year cap Expense cap Ameritas portfolio (percent) (000 omitted) (percent) (percent)

Small Cap ...... 1.00 146,000 0.89 0.99 Growth ...... 0.89 184,000 0.79 0.89 ncome & Growth ...... 0.82 68,000 0.70 0.80 MidCap ...... 0.97 84,000 0.84 0.94 Emerging Growth ...... 0.91 106,000 0.85 0.95 Research ...... 1.15 26,000 0.86 0.96 Growth w/Income ...... 1.00 45,000 0.88 0.98 Index 500 ...... 0.41 197,000 0.28 0.38 Money Market Fund ...... 0.35 142,000 0.30 0.40

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16. Applicants state that the Ameritas- permits CAMCO, as the investment Pre-Substitution Notice will inform Acacia Merger brought together under adviser for the several existing series of affected contractholders of (i) the one corporate umbrella several separate CVS to replace any subadviser or to effective date of the substitutions; (ii) asset management organizations. employ a new Subadviser, without the right of each affected contractholder, Applicants represent that one of the submitting such actions for the approval under the VUL and VA Contracts, to anticipated benefits of the substitutions of shareholders of the affected series. transfer contract values among the will be the opportunity to take Following the substitutions, Applicants various subaccounts; (iii) the fact that advantage of economies of scale created anticipate that each of the Ameritas any such transfer that involves a transfer by the Ameritas-Acacia Merger. The Portfolios will be entitled to rely on the from any of the Replaced Funds will not substitutions are a first step in the CVS 15(a) Order. As a condition to the be subject to any administrative charge process. Specifically, the substitutions application, however, Applicants state and will not count as one of the ‘‘free are the first step in establishing a that they will take no action in reliance transfers’’ to which affected manager of managers structure that will on the CVS 15(a) Order with respect to contractholders may otherwise be provide Applicants with increased any one of the Ameritas Portfolios entitled. ability to affect the administration and unless and until the operation of that 20. Within five days after the Effective management of the investment options portfolio in the manner contemplated by Date, affected contractholders will be offered through Variable Contracts. As the CVS 15(a) Order is approved sent written confirmation the overall investment manager of each following the substitutions, by the (‘‘Confirmation Notice’’) of the of the Ameritas Portfolios, AIC will be holders of a majority of the outstanding substitution transactions. The in a position to oversee the operations shares of that portfolio within the Confirmation Notice will (i) confirm of the Ameritas Portfolios, including the meaning of the 1940 Act and in a that the substitutions were carried out; performance and portfolio management. manner that is consistent with the order (ii) reiterate that each affected Applicants represent that, following the exempting CVS from certain provisions contractholder may make one transfer of substitutions, Applicants will have the of Rules 6e–2 and 6e–3T under the 1940 all of the contract value or cash value means to more directly monitor the Act (‘‘CVS Shared Funding Order’’). under their Variable Contract that is overall manner in which investment 18. Applicants state that on May 3, invested in any one of the Subaccounts options available through the Variable 1999, a supplement to each of the that were affected by the substitutions to Contracts are managed and prospectuses relating to the Variable any other Subaccount available under administered. Applicants also state that Contracts was filed with the their Variable Contract without such this will be an important tool in Commission. The supplements transfer being subject to any assuring an efficient interface between summarized the substitutions, including administrative charge, or being counted the Ameritas Portfolios and the Variable the possible impact that the as one of the ‘‘free transfers’’ (or one of Contracts. Applicants further represent substitutions may have on fees and the limited number of transfers) to that Applicants’ involvement in expenses, and were mailed to all which affected contractholders may be overseeing the investment options contractholders. Prior to the time that entitled under their Variable Contract; offered through the Variable Contracts the order requested by the application is and (iii) state that AVLIC will not will allow Applicants greater flexibility issued, but following the date on which exercise any rights reserved by it under to react to poor performance or a notice of the application is published the Variable Contracts to impose in the Federal Register, AVLIC will file additional restrictions on transfers until mismanagement by a service provider, with the Commission another at least 30 days after the Effective Date. including Subadvisers, than is possible supplement to the prospectus relating to The Confirmation Notice will be under the current arrangement. the Variable Contracts. These accompanied by a then current Applicants believe that may be the case supplements (‘‘Product Supplements’’) prospectus relating to the relevant even before the Ameritas Portfolios are will reflect all material information Variable Contract, amended to reflect permitted to rely upon the CVS 15(a) relating to the substitutions and the the inclusion of the Ameritas Portfolios, Order (see below). For example, Ameritas Portfolios, including the as well as a definitive prospectus Applicants, through AIC, would be in a identity of the Replaced Funds, a relating to the Ameritas Portfolios. position to monitor the operation of the description of the Ameritas Portfolios 21. Applicants state that the Ameritas Portfolios more closely than is and their respective investment substitutions will be effected by currently the case with respect to the objectives and policies, the Subadviser redeeming shares of the Replaced Funds Replaced Funds. In addition, Rule 15a– for each of the Ameritas Portfolios, fees at relative net asset value and using the 4 under the 1940 Act would permit and expenses associated with the proceeds to purchase shares of the Applicants to recommend to the CVS Ameritas Portfolios, and the impact that Ameritas Portfolios at net asset value on Board that a particular manager be the substitution will have on fees and the date the substitutions take place. replaced. Assuming Board approval and expenses. In addition, CVS has filed a The proceeds of such redemptions will assuming that the subadvisory fee post-effective amendment to its be effected through a combination of would remain unchanged, a new registration statement to reflect the cash and in-kind transactions. All investment advisory organization could organization of the nine Ameritas redemptions and purchases will be be engaged and assume portfolio Portfolios (‘‘Amended CVS effected in accordance with Rule 22c–1 management responsibilities Prospectus’’). under the 1940 Act. No transfer or immediately , provided only that the 19. Following the date on which the similar charges will be imposed by approval of the holders of a majority of notice of the application is published in AVLIC, and, at all times, all contract the outstanding voting securities of the the Federal Register, but before the date and policy values will remain affected portfolio were obtained within on which the order requested by the unchanged and fully invested. the period prescribed by the rule. application becomes effective 22. Redemptions in-kind will be done 17. CVS and certain of its affiliates (‘‘Effective Date’’), AVLIC will send to in a manner consistent with the have obtained exemptive relief from affected contractholders a notice (‘‘Pre- investment objectives, policies and Section 15(a) of the 1940 Act (‘‘CVS Substitution Notice’’) which will diversification requirements of the 15(a) Order’’). The CVS 15(a) Order include the Product Supplements. The respective Ameritas Portfolios. Further,

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Applicants represent that the in-kind reimburse expenses, for each Ameritas customary transfer fees) or other redemptions for each of the Ameritas Portfolio as necessary in accordance remuneration will be paid by the Portfolios will be reviewed by the with this undertaking until one year Replaced Funds or Ameritas Portfolios Subadviser responsible for making day- following the date on which the order or affected contractholders in to-day investments decisions for that requested by the application is issued. connection with the in-kind Portfolio to assure that the investment d. The AIC Advisory Agreement will transactions. In addition, the in-kind objective, investment policies and also require AIC to guarantee that, asset transfers will be valued in the diversification requirements set forth in following the initial one year fee cap, manner that is consistent with the the registration statement relating to the the expenses of an Ameritas Portfolio valuation procedures of both the relevant Ameritas Portfolio are satisfied. will not exceed an expense ratio that is Replaced Fund and relevant Ameritas In addition, Applicants represent that 0.10% higher than the Prior Expense Portfolio. the in-kind asset transfers will be valued Ratio of its corresponding Replaced h. The substitutions will not be in the manner that is consistent with the Fund unless an amendment to the AIC counted as transfers in determining the valuation procedures of both the Advisory Agreement is approved, in limit on the total number of transfers Replaced Fund and the relevant accordance with Sections 15(a) and (c) that affected contractholders may Ameritas Portfolio. Applicants further of the 1940 Act, by the Board of otherwise make under the Variable state that any inconsistencies in Directors of CVS, including those Contracts. valuation procedures between the directors who are ‘‘independent i. The substitutions will not alter in Replaced Fund and the relevant directors’’ of CVS, and the shareholders any way the annuity, life or tax benefits Ameritas Portfolio will be reconciled so of the relevant Ameritas Portfolio. afforded under the Variable Contracts that the redeeming and purchasing e. Affected contractholders may held by any contractholder. values are the same. In addition, and transfer assets from any Subaccount of 24. Applicants state that they will not consistent with Rule 17a–7 under the the Separate Accounts to any other complete the substitutions and related 1940 Act, no brokerage commissions, subaccount available under the Variable transactions described in the fees (except customary transfer fees) or Contract as permitted by their contract. application (other than the mailing of other remuneration will be paid in Any such transfer that involves a the Pre-Substitution Notices) unless all connection with the in-kind transfer from any of the Replaced of the following conditions are met: transactions. Funds, from the date of the notice that a. The Commission shall have issued 23. The significant terms of the the Replaced Funds will be substituted an order (i) approving the substitutions substitutions described in the through a date at least 30 days following under Section 26(b) of the 1940 Act; and application include: the Effective Date, will not be subject to exempting the in-kind redemptions a. The Ameritas Portfolios involved in any administrative charge, and will not from the provisions of Section 17(a) of substitutions 1–7 have objectives and count as one of the ‘‘free transfers’’ to the 1940 Act as necessary to carry out policies that are substantially the same which affected contractholders may the substitutions as described in the as the objectives and policies of the otherwise be entitled. Affected application. Replaced Fund so that the objectives of contractholders may also withdraw b. Each affected contractholder will be the affected contractholders can amounts under any contract or sent a Pre-Substitution Notice, which continue to be met. The Ameritas terminate their interest in any such will include the Product Supplements Portfolios involved in substitutions 8 contract in accordance with the terms and will inform affected contractholders and 9 have objectives and policies that and conditions of any such contract, of (i) the Effective Date of the are sufficiently similar so that the including, but not limited to payment of substitutions; (ii) the right of each objective of the affected contractholders any applicable surrender charge. affected contractholder, under the VUL can continue to be met. f. The substitutions will be effected at and VA Contracts, to transfer contract b. In connection with the proposed the net asset value of the respective values among the various subaccounts manager of managers structure, shares in conformity with Section 22(c) (iii) the fact that any such transfer Applicants anticipate that each of the of the 1940 Act and Rule 22c–1 involves a transfer from any of the Ameritas Portfolios will seek to rely thereunder, without the imposition of Replaced Funds will not be subject to upon the CVS 15(a) Order. Applicants any transfer or similar charge, and any administrative charge and will not will take no action in reliance on the without change in the amount or value count as one of the ‘‘free transfers’’ to CVS 15(a) Order with respect to any one of any Variable Contract held by which affected contractholders may of the Ameritas Portfolios unless and affected contractholders. Affected otherwise be entitled. until the application of the manager of contractholders will not incur any fees c. Each affected contractholder will managers structure contemplated by the or charges as a result of the receive, within five days following the CVS 15(a) Order is approved by a vote substitutions, nor will their rights or the Effective Date of the substitutions, of a majority of the outstanding shares obligations of AVLIC under such written notice (‘‘Confirmation Notice’’) of that portfolio following the Variable Contracts be altered in any which will (i) confirm that the substitution and in a manner consistent way. All expenses incurred in substitutions were carried out; (ii) with the CVS Shared Funding Order. connection with the substitutions, reiterate that each affected c. As a result of AIC’s contractual including legal, accounting and other contractholder may make one transfer of obligation to waive fees and/or fees and expenses, will be borne by all of the contract value or cash value reimburse expenses, the expense ratio of Applicants, other than the Separate under their Variable Contract that is each Ameritas Portfolio will, Accounts. invested in any one of the Subaccounts immediately following the Effective g. Redemptions in-kind will be that was affected by the substitutions to Date, not exceed the expense ratio handled in a manner consistent with the any other Subaccount available under reported by the respective Replaced investment objectives, policies and their Variable Contract without such Funds as of the end of such Replaced diversification requirements of the transfer being subject to any Fund’s then most recently ended fiscal Ameritas Portfolios. Consistent with administrative charge, or being counted quarter (‘‘Prior Expense Ratio’’). AIC Rule 17a–7(d) under the 1940 Act, no as one of the ‘‘free transfers’’ (or one of will continue to waive its fees and/or brokerage commissions, fees (except the limited number of transfers) to

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Both AIC and the Subadviser of the The Confirmation Notice will be from the Replaced Funds or the relevant Ameritas Portfolio will review accompanied by a then current Ameritas Portfolios (after the all the asset transfers to assure that the prospectus relating to the relevant substitution) without a transfer charge. assets meet the objectives of the relevant Variable Contract, amended to reflect Applicants also note that only 9 of 26 Ameritas Portfolio and that they are the inclusion of the Ameritas Portfolios, investment options are involved in the valued under the appropriate valuation as well as a definitive prospectus substitutions, and this, in combination procedures of the Replaced Fund and relating to the Ameritas Portfolios. with the transfer rights, gives affected such Ameritas Portfolio. The in-kind d. AVLIC shall have satisfied itself contractholders an ability to ‘‘opt out’’ redemption proceeds will consist of the that (i) the Variable Contracts allow the and have an effective choice of same securities that are currently held substitution of investments in the investments. Applicants state that these by the Replaced Funds. In addition, in manner contemplated by the alternatives provide a range of seven of the nine substitutions, the substitutions and related transaction investments sufficient to meet affected organization responsible for providing described in the application; (ii) the contractholders’ investment goals. portfolio management services to the transactions can be consummated as 4. Section 17(a)(1) of the 1940 Act Ameritas Portfolio and the Replaced described in the application under prohibits any affiliated person of a Portfolio will be the same, and the applicable insurance laws; and (iii) that registered investment company, or any Ameritas Portfolio involved in any regulatory requirements in each affiliate of such affiliated person, from substitutions 8 and 9 generally invest in jurisdiction where the Variable selling any security or other property to a narrow range of securities and must Contracts are qualified for sale, have such registered investment company. adhere to strict limits in their been complied with to the extent Section 17(a)(2) of the 1940 Act investment practices. Applicants necessary to complete the transactions. prohibits any affiliated person from represent that the transactions are purchasing any security or other Applicants’ Legal Analysis consistent with the policies of each property from such registered investment company involved and the 1. Section 26(b) of the 1940 Act investment company. general purposes of the 1940 Act, and provides that it shall be unlawful for 5. Applicants request an order comply with the requirements of any depositor or trustee of a registered pursuant to Section 17(b) of the 1940 Section 17(b). unit investment trust holding the Act exempting the in-kind redemptions 7. Applicants state that the facts and security of a single issuer to substitute and purchases from the provisions of circumstances in the application are another security for such security unless Section 17(a). Section 17(b) of the 1940 sufficient to assure that the substitutions the Commission approves such Act provides that the Commission may will be carried out in a manner that is substitution. Section 26(b) further grant an order exempting a proposed consistent with Section 17(b) and 26(b) provides that the Commission shall transaction from Section 17(a) if of the 1940 Act and that the terms and issue an order approving such evidence establishes that: (1) The terms conditions to which the relief substitution if the evidence establishes of the proposed transaction, including Applicants request hereby will be that it is consistent with the protection the consideration to be paid or received, subject are consistent with orders the of investors and the purposes fairly are fair and reasonable and do not Commission has issued in the past intended by the policies and provisions involve overreaching on the part of any under similar circumstances. of the 1940 Act. person concerned; (2) the proposed 2. Applicants request an order transaction is consistent with the policy Conclusion pursuant to Section 26(b) of the 1940 of each registered investment company Applicants assert that, for the reasons Act approving the substitutions and concerned; and (3) the proposed summarized above, the requested order related transactions. Applicants assert transaction is consistent with the approving the substitutions and related that the purposes, terms, and conditions general purposes of the 1940 Act. transactions involving in-kind of the substitutions are consistent with 6. Applicants represent that, if transactions should be granted. the protection of investors and the effected in accordance with the For the Commission, by the Division of purposes fairly intended by the 1940 procedures described in the application Investment Management, pursuant to Act. Applicants further assert that the and summarized herein, the delegated authority. substitutions will not result in the type substitutions are consistent with the Jonathan G. Katz, of forced redemption that Section 26(b) general purposes of the 1940 Act and do Secretary. was designed to guard against. not present any of the conditions or [FR Doc. 99–26523 Filed 10–8–99; 8:45 am] 3. Applicants maintain that the abuses that the 1940 Act was designed BILLING CODE 8010±01±M substitutions do not represent the type to prevent. Applicants state that the of transaction that Section 26(b) was consideration to be paid by each designed to prevent for the following Ameritas Portfolio, and received by each SECURITIES AND EXCHANGE reasons: (a) the substitutions are of the Replaced Funds, will be fair and COMMISSION designed to give AVLIC more control reasonable and will not involve over investment products; (b) the overreaching because the substitutions Sunshine Act Meeting substitutions are part of a series of will not result in the dilution of the business initiatives which have the interests of any affected contractholders Agency Meeting potential to reduce expenses; (c) the and will not effect any change in Notice is hereby given, pursuant to substitutions will provide benefits to economic interest, contract value or the the provisions of the Government in the contractholders due to the additional dollar value of any Variable Contract Sunshine Act, Pub. L. 94–409, that the

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Securities and Exchange Commission Dated: October 6, 1999. II. Self-Regulatory Organization’s will hold the following meetings during Jonathan G. Katz, Statement of the Purpose of, and the week of October 11, 1999. Secretary. Statutory Basis for, the Proposed Rule An open meeting will be held on [FR Doc. 99–26644 Filed 10–7–99; 11:32 am] Change Wednesday, October 13, 1999, at 10 a.m. BILLING CODE 8010±01±M In its filing with the Commission, the A closed meeting will be held on CHX included statements concerning Wednesday, October 13, 1999, following the purpose of, and basis for, the the 10 a.m. open meeting. SECURITIES AND EXCHANGE proposed rule change and discussed any Commissioners, Counsel to the COMMISSION comments it received on the proposed Commissioners, the Secretary to the rule change. The text of these statements Commission, and recording secretaries may be examined at the places specified [Release No. 34±41922; File No. SR±CHX± will attend the closed meeting. Certain in Item VI below. The CHX has prepared 99±11] staff members who have an interest in summaries, set forth in sections A, B, the matters may also be present. Self-Regulatory Organizations; Notice and C below, of the most significant The General Counsel of the aspects of such statements. Commission, or his designee, has of Filing and Order Granting Partial certified that, in his opinion, one or Accelerated Approval of Proposed A. Self-Regulatory Organization’s more of the exemptions set forth in 5 Rule Change by the Chicago Stock Statement of the Purpose of, and U.S.C. 552b(c)(4), (8), (9)(A) and (10) Exchange, Incorporated Relating to Statutory Basis for, the Proposed Rule and 17 CFR 200.402(a)(4), (8), (9)(i) and Specialist Retention Periods for Change Securities Traded on the Exchange (10), permit consideration of the 1. Purpose scheduled matters at the closed meeting. Commissioner Johnson, as duty September 27, 1999. (a) Listed Securities: Interpretation officer, voted to consider the items Pursuant to Section 19(b)(1) of the and Policy .01 to Article XXX, listed for the closed meeting in a closed Securities Exchange Act of 1934 Specialists, Rule 1, Registration and session. (‘‘Act’’)1 and Rule 19b–4 thereunder,2 Appointments, of the Exchange’s rules set forth the procedures for allocating The subject matter of the open notice is hereby given that on August and reallocating securities among meeting scheduled for Wednesday, 19, 1999, the Chicago Stock Exchange, specialist units and co-specialists. The October 13, 1999, at 10:00 a.m. will be: Incorporated (‘‘CHX’’ or ‘‘Exchange’’) Exchange’s Committee on Specialist filed with the Securities and Exchange The Commission will consider whether to Assignments and Evaluation (‘‘CSAE’’) propose new rules and rule amendments that Commission (‘‘Commission’’) the is responsible for appointing specialists are designed to enhance the independence proposed rule change, as described in and co-specialists 4 and conducting and effectiveness of independent directors Items I, II, and III below, which Items and to better enable investors to assess the deregistration proceedings in have been prepared by the CHX. The accordance with Article XXX of the independence of directors. The Commission Commission is publishing this notice to also will consider whether to issue a Exchange’s rules. Several circumstances companion release that would provide the solicit comments on the proposed rule may lead to the need for assignment or views of its staff on a number of interpretive change from interested persons, and to reassignment of a security.5 One of these issues related to fund directors, and the approve that portion of the proposal circumstances is by specialist request. views of the Commission on its role in related to securities listed on the Subsection 2 of Interpretation and disputes between independent directors and exchange on an accelerated basis. Policy .01 addresses the assignment and fund management. These initiatives follow reassignment process when a specialist on discussions at a Roundtable on fund I. Self-Regulatory Organization’s independent directors hosted by the Statement of the Terms of Substance of requests deregistration in one or more of Commission earlier this year. For further the Proposed Rule Change its assigned securities. The Exchange information regarding the proposed amended Subsection 2 on a pilot basis substantive rule amendments, contact The Exchange proposes to make in 1997 to specifically address the Jennifer B. McHugh at (202) 942–0690; permanent a pilot program 3 relating to deregistration of co-specialists in regarding the proposed disclosure rule the time periods for which a co- securities.6 Under the pilot program, a amendments, contact Heather A. Seidel at specialist must trade a security listed on co-specialist awarded a security in (202) 942–0721; or regarding the interpretive the Exchange prior to deregistering as competition was required to trade that release, contact Brendan C. Fox at (202) 942– security for at least one year before 0660. the specialist for that security as set forth in Article XXX, Rule 1, being able to deregister in the security, The subject matter of the closed Interpretation and Policy .01. The if no other specialist will be assigned to meeting scheduled for Wednesday, Exchange also proposes to adopt the security after posting and October 13, 1999, following the 10:00 separate co-specialist retention periods deregistration.7 In addition, generally, a.m. open meeting, will be: relating to the time periods for which a two years had to elapse before an intra- Institution and settlement of injunctive co-specialist must trade a Nasdaq 4 actions National Market (‘‘NM’’) security, which A specialist is a ‘‘unit’’ or organization that has Institution and settlement of registered as such with the Exchange under Article are traded on the Exchange pursuant to XXX, Rule 1. A co-specialist is an individual who administrative proceedings of an unlisted trading privileges, prior to has registered such under Article XXX, Rule 1. See enforcement nature deregistering as the specialist for that CHX Rules, Article XXX, Rule 1, Interpretation and Formal order of investigation. Policy .01.4(a). security. The text of the proposed rule 5 CHX Rules, Article 1, Rule 1, Interpretation and At times, changes in Commission change is available at the CHX and the Policy .01. priorities require alterations in the Commission. 6 Securities Exchange Act Release No. 39028 scheduling of meeting items. For further (Sept. 8, 1997), 62 FR 48329 (Sept. 15, 1997); see also Securities Exchange Act Release No. 40408 information and to ascertain what, if 1 15 U.S.C. 78s(b)(1). any, matters have been added, deleted (Sept. 8, 1998), 63 FR 49375 (Sept. 15, 1998). 2 17 CFR 240.19b–4. 7 Posting means that all specialist are put on or postponed, please contact: The Office 3 The pilot program expired on September 8, notice that the security is available for of the Secretary at (202) 942–7070. 1999. reassignment.

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.317 pfrm04 PsN: 12OCN1 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55325 firm transfer of the issue (i.e., transfer of co-specialist’s stocks become active and regulating securities transactions, to the issue to another co-specialist within volatile.11 remove impediments to and perfect the the same specialist unit) would be To address these concerns, the mechanism of a free and open market permitted without posting. For Exchange is proposing to amend the and a national market system and, in securities awarded to co-specialists retention restrictions on co-specialists general, to protect investors and the without competition, a co-specialist was for Nasdaq/NM securities in public interest. required to trade the security for three Interpretation and Policy .01 to Rule 1. The amended interpretation will permit B. Self-Regulatory Organization’s months before being able to deregister in Statement on Burden on Competition the security if no other specialist would co-specialists in Nasdaq/NM issues to be assigned to the security after posting deregister in an issue more quickly, to The Exchange does not believe that and deregistration. Finally, no allow them to respond to market the proposed rule change will impose minimum time period was required to developments. The proposed amended any burden on completion. interpretation will also allow for easier elapse before an intra-firm transfer is C. Self-Regulatory Organization’s transfer of issues between co-specialists permitted for non-competitive Statement on Comments on the assignments. within a specialist unit. Specifically, the proposed rule change specifies no Proposed Rule Change Received From The pilot program was extended for minimum retention periods for Nasdaq/ Members, Participants, or Others another year in 1998.8 Based on its NM issues. In addition, and, subject to The Exchange has not solicited or success, the Exchange is requesting the CSAE’s continuing authority, the received written comments on the permanent approval of the requirements proposal will also permit co-specialists proposed rule change. of the program.9 in Nasdaq/NM securities to deregister at III. Date of Effectiveness of the any time after providing at least five (b) Nasdaq NM Securities. In addition Proposed Rule Change and Timing for calendar days notice to order sending to requesting permanent approval of the Commission Action provisions of the pilot program, the firms, and allow intra-firm transfer of Exchange is also proposing to adopt Nasdaq/NM securities awarded in The Exchange has requested specific retention periods for co- competition without a mandatory accelerated approval of the proposed specialists in Nasdaq/NM securities. retention period.12 rule filing relating to listed securities. Because the number of Nasdaq/NM The Exchange intends to ensure that The CHX points out that this portion of securities that the Exchange can trade there will be no disruption to the the proposed rule change has existed as pursuant to unlisted trading privileges marketplace as a result of relaxed stock a pilot for approximately two years, and (‘‘UTP’’) is limited,10 stock allocation retention requirements. The Exchange was previously published in the Federal issues relating to Nasdaq/NM securities believes that its recently filed rule Register and subject to notice and that are distinct from allocation issues change increasing the fee for such comment. The Exchange believes that relating to other securities trade on the transfer to $2,000 will prevent the program provides a benefit both to Exchange have developed. Specifically, disruptive serial transfers and specialists and the investing public by because of the existing 1,000 security deregistrations that have not been permitting specialists to add or limit on the total number of Nasdaq/NM carefully contemplated by the deregister as a specialist in an orderly 13 manner. In light of this, and the fact that securities that can be traded UTP on an specialist. the portion of the proposed rule change Exchange-wide basis, co-specialists in Finally, the proposed amendments related to listed securities has already Nasdaq/NM securities cannot acquire a relating to Nasdaq/NM securities will only be effective for so long as there is been subject to notice and comment, the new Nasdaq/NM issue until they a limit upon the number of Nasdaq/NM Exchange believes that accelerated deregister in an issue they currently issues that can be traded UTP on the approval is appropriate in order to trade and that security is removed from Exchange. If the Commission eliminates reactivate this program on a permanent the list of Nasdaq/NM securities traded this limitation, Nasdaq/NM issues and basis. on the Exchange. The current specialist the co-specialists maintaining Nasdaq/ With regard to that portion of the deregistration rules, however, do not NM issues will be subject to the regular proposed rule change related to Nasdaq provide the flexibility to quickly retention periods applicable to all other NM securities, within 35 days of the complete this procedure. In addition, issues traded on the Exchange. date of publication of this notice in the the current rules do not provide Federal Register or within such other Nasdaq/NM specialist firms sufficient 2. Statutory Basis period (i) as the Commission may flexibility to reallocate stocks awarded The Exchange believes that the designate up to 90 days of such date if in competition between co-specialists proposed rule change is consistent with it finds such longer period to be within the same specialist unit when a Section 6(b)(5) of the Act 14 in that it is appropriate and publishes its reasons designed to promote just and equitable for so finding or (ii) as to which the self- 8 Securities Exchange Act Release No. 40408 principles of trade, to foster cooperation regulatory organization consents, the (Sept. 8, 1998), 63 FR 49375 (Sept. 15, 1998). and coordination with persons Commission will: 9 Pursuant to the original approval order, the Exchange was required to submit a report to the a. By order approve that portion of the Commission describing its experience with the pilot 11 In such a situation, a specialist unit might proposed rule change related to Nasdaq program after a one year period. The Exchange deem it to be in the best interests of customers and NM securities, or submitted the required report and requested an the Exchange to transfer the stock to another co- b. Institute proceedings to determine extension of the pilot program for an additional one specialist within the same specialist unit that is year period. The Commission again requested a assigned to a fewer number of issues or is more whether the portion of the proposed report at the end of one year to further evaluate the experienced. rule change related to Nasdaq NM program. The Exchange recently submitted this 12 There is currently no minimum retention securities should be disapproved. report in anticipation of this rule filing. See letter period for intra-firm transfers of securities awarded from Daniel J. Liberti, CHX, to Katherine A. without competition. See Article XXX, Rule 1, IV. Solicitation of Comments England, Assistant Director, Commission dated July Interpretation and Policy .01. 7, 1999. 13 Securities Exchange Act Release No. 41569 Interested persons are invited to 10 Securities Exchange Act Rel. No. 41392 (May (June 28, 1999), 64 FR 36726 (July 7, 1999). submit written data, views, and 12, 1999), 64 FR 27839 (May 21, 1999). 14 15 U.S.C. 78f(b)(5). arguments concerning the foregoing,

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.208 pfrm04 PsN: 12OCN1 55326 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices including whether the proposed rule It is therefore ordered, pursuant to this notice to solicit comments on the change is consistent with the Act. Section 19(b)(2) of the Act,17 that the proposed rule change, as contained in Persons making written submissions portion of the proposed rule change Amendment No. 1, from interested should file six copies thereof with the (File No. SR–CHX–99–11) relating to persons. Secretary, Securities and Exchange listed securities traded on the CHX is I. Self-Regulatory Organization’s Commission, 450 Fifth Street, N.W., hereby approved on an accelerated basis Statement of the Terms of Substance of Washington, DC 20549–0609. Copies of For the Commission, by the Division of the Proposed Rule Change the submissions, all subsequent Market Regulation, pursuant to delegated amendments, all written statements authority.18 The MSRB is proposing to amend with respect to the proposed rule Jonathan G. Katz, Rule G–38, on consultants, Rule G–37, change that are filed with the Secretary. on political contributions and Commission, and all written [FR Doc. 99–26525 Filed 10–8–99; 8:45 am] prohibitions on municipal securities communications relating to the BILLING CODE 8010±01±M business, Rule G–8, on books and proposed rule change between the records, and to revise the attachment Commission and any person, other than page to Form G–37/G–38. The proposed those that may be withheld from the SECURITIES AND EXCHANGE rule change requires brokers, dealers, or public in accordance with the COMMISSION municipal securities dealers (‘‘dealers’’) to obtain from their consultants provisions of 5 U.S.C. 522, will be [Release No. 34±41975; File No. SR±MSRB± available for inspection and copying in 98±08] information on the consultants’ political the Commission’s Public Reference contributions and payments to state and Room. Copies of such filing will also be Self-Regulatory Organizations; local political parties and to report such available for inspection and copying at Municipal Securities Rulemaking information to the Board on Form G–37/ the principal office of the CHX. All Board; Notice of Filing of Proposed G–38. The Board has requested that the submissions should refer to the File No. Rule Change Relating to Rule G±38, on Commission delay the effectiveness of SR–CHX–99–11 and should be Consultants, Rule G±37, Political the proposed rule change until April 1, submitted by November 2, 1999. Contributions and Prohibitions on 2000, to provide time for dealers to Municipal Securities Business, Rule revise their contracts with their V. Commission Findings and Order G±8, on Books and Records, and consultants and to put supervisory Granting Accelerated Approval of the Revisions to the Attachment Page to procedures in place for compliance with Propose Rule Change Form G±37/G±38 the proposed rule change. Below is the The Commission finds that the text of the proposed rule change. portion of the proposed rule change October 4, 1999. Additions are italicized; deletions are relating to specialist retention periods Pursuant to Section 19(b)(1) of the bracketed. Securities Exchange Act of 1934 for listed securities traded on the Rule G–38. Consultants Exchange is consistent with the (‘‘Act’’) 1 and rule 19b–4 thereunder,2 requirements of the Act and the rules notice is hereby given that on June 16, (a) Definitions. and regulations thereunder applicable to 1998, the Municipal Securities (i)–(v) No change. a national securities exchange. Rulemaking Board (‘‘Board’’ or (vi) The term ‘‘reportable political Specifically, the Commission believes ‘‘MSRB’’) filed with the Securities and contribution’’ means: (A) if the consultant has had direct or that the proposal is consistent with the Exchange Commission (‘‘Commission’’ indirect communication with an issuer Section 6(b)(5) 15 requirements that the or ‘‘SEC’’) a proposed rule change as on behalf of the broker, dealer or Exchange’s rules be designed to promote described in Items I, II, and III below, municipal securities dealer to obtain or just and equitable principles of trade, to which Items have been prepared by the retain municipal securities business for remove impediments to and perfect the Board. On August 26, 1999, the Board such broker, dealer or municipal mechanism of a free and open market filed Amendment No. 1 which replaces securities dealer, a political contribution and, in general, to protect investors and and supersedes the proposed rule 3 to an official(s) of such issuer made by the public interest.16 change. The Commission is publishing any contributor referred to in paragraph The Commission finds good cause for 17 (b)(i) during the period beginning six approving the portion of the proposed 15 U.S.C. 78s(b)(2). 18 months prior to such communication rule change relating to listed securities 17 CFR 200.30–3(a)(12. 1 15 U.S.C. 78s(b)(1). and ending six months after such prior to the thirtieth day after the date 2 17 CFR 240.19b–4. communication; of publication of notice in the Federal 3 On June 16, 1998, the MSRB submitted its initial (B) the term does not include those Register. The Commission believes that proposal which amended G–38 to define the political contributions to official(s) of an meaning of ‘‘reportable contributions,’’ outlined accelerated approval will promote issuer made by any individual referred continuity in specialist retention what Consultant Agreements should include, and provided dealers with a ‘‘reasonable efforts’’ to in subparagraph (b)(i)(A) or (B) of this practices relating to listed securities, as defense. The defense would have held that a dealer rule who is entitled to vote for such conducted under the recently expired does not violate Rule G–38 if the dealer fails to official if the contributions made by receive all required information from its consultant pilot program. In addition, the such individual, in total, are not in Commission specifically notes that the and thus, fails to report such information to the Board, but can demonstrate that it used reasonable excess of $250 to any official of such pilot program was previously published efforts in attempting to obtain the information, issuer, per election. in the Federal Register and operated for including a statement in the dealer’s Consultant (vii) The term ‘‘reportable political several years without comment from the Agreement that Board rules require disclosure of party payment’’ means: industry or the investing public. consultant contributions and payments, and send quarterly reminders to its consultants of the deadline for their submissions to the dealer of the 38, MSRB Reports, Vol. 19, No. 2 (April 1999) at 15 15 U.S.C. 78o(b)(5). required information. After discussions with the 3–7. Amendment No. 1, among other things, 16 In approving this rule change, the Commission Commission, the Board amended the proposal and modifies the ‘‘reasonable efforts’’ defense has considered the proposed rule’s impact on published it for comment. See Additional established in the initial proposal by imposing efficiency, competition, and capital formation. 15 Requirements for Pending Amendments on stricter requirements on dealers in monitoring their U.S.C. 78c(f). Disclosure of Consultants’ Contributions: Rule G– consultants’ activities.

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(A) if a political party of a state or reportable political contributions and issuer officials and payments to state political subdivision operates within the political party payments for each and local political parties; geographic area of an issuer with which calendar quarter, or report that no (B) the broker, dealer or municipal the consultant has had direct or indirect reportable political contributions or securities dealer sending quarterly communication to obtain or retain political party payments were made for reminders to its consultants of the municipal securities business on behalf a particular calendar quarter, to the deadline for their submissions to the of the broker, dealer or municipal broker, dealer or municipal securities broker, dealer or municipal securities securities dealer, a payment to such dealer in sufficient time for the broker, dealer of the information concerning party made by any contributor referred dealer or municipal securities dealer to their reportable political contributions to in paragraph (b)(i) during the period meet its reporting obligations under and reportable political party payments; beginning six months prior to such paragraph (e) of this rule. (C) the broker, dealer or municipal communication and ending six months (iv) [Such] The Consultant Agreement securities dealer including in the after such communication; must be entered into before the Consultant Agreement provisions to the (B) the term does not include those consultant engages in any direct or effect that: payments to political parties of a state indirect communication with an issuer (1) the Consultant Agreement will be or political subdivision made by any on behalf of the broker, dealer or terminated by the broker, dealer or individual referred to in subparagraph municipal securities dealer. municipal securities dealer if, for any (b)(i)(A) or (B) of this rule who is (c) Information Concerning Political calendar quarter, the consultant fails to entitled to vote in such state or political Contributions to Official(s) of an Issuer provide the broker, dealer or municipal subdivision if the payments made by and Payments to State and Local securities dealer with information about such individual, in total, are not in Political Parties Made by Consultants. its reportable political contributions or excess of $250 per political party, per (i) A broker, dealer or municipal reportable political party payments, or a year. securities dealer is required to obtain report noting that the consultant made (viii)( The term ‘‘official of such information on its consultant’s no reportable political contributions or issuer’’ or ‘‘official of an issuer’’ shall reportable political contributions and no reportable political party payments, have the same meaning as in rule G– reportable political party payments and such failure continues up to the 37(g)(vi). beginning with a consultant’s first direct date to be determined by the dealer, but (b) Written Agreement or indirect communication with an no later than the date by which the (i) Each broker, dealer or municipal issuer on behalf of the broker, dealer or broker, dealer or municipal securities securities dealer that uses a consultant municipal securities dealer to obtain or dealer is required to send Form G–37/G– shall evidence the consulting retain municipal securities business for 38 to the Board with respect to the next arrangement by a writing setting forth, such broker, dealer or municipal succeeding calendar quarter, such at a minimum, the name, company, securities dealer. The broker, dealer or termination to be effective upon the date business address, role and municipal securities dealer shall obtain the broker, dealer or municipal compensation arrangement of each such from the consultant the information securities dealer must send its Form G– consultant (‘‘Consultant Agreement’’). In concerning each reportable political 37/G–38 to the Board (i.e., January 31, addition, the Consultant Agreement contribution required to be recorded April 30, July 31 or October 31); and shall include a statement that the pursuant to rule G–8(a)(xviii)(F) and (2) no further payments, including consultant agrees to provide the broker, each reportable political party payment payments owed for services performed dealer or municipal securities dealer required to be recorded pursuant to rule prior to the date of termination, shall be with a list by contributor category, in G–8(a)(xviii)(G) or, if applicable, a made to the consultant by or on behalf writing, of any reportable political report indicating that the consultant of the broker, dealer or municipal contributions and any reportable made no reportable political securities dealer as of the date of such political party payments during each contributions and no reportable termination; and calendar quarter made by: (A) the consultant; political party payments required to be (D) the broker, dealer or municipal (B) if the consultant is not an recorded pursuant to rule G– securities dealer enforcing the individual, any partner, director, officer 8(a)(xviii)(H). Consultant Agreement provisions or employee of the consultant who (ii) The requirement to obtain the described in paragraph (c)(iii)(C) of this communicates with an issuer to obtain information referred to in paragraph rule in a full and timely manner and municipal securities business on behalf (c)(i) of this rule shall end upon the indicating the reason for and date of the of the broker, dealer or municipal termination of the Consultant termination on its Form G–37/G–38 for securities dealer; and Agreement. the applicable quarter. (C) any political action committee (iii) A broker, dealer or municipal (d) Disclosure to Issuers. Each broker, controlled by the consultant or any securities dealer will not violate this dealer or municipal securities dealer partner, director, officer or employee of section if it fails to receive from its shall submit in writing to each issuer the consultant who communicates with consultant all required information on with which the broker, dealer or an issuer to obtain municipal securities reportable political contributions and municipal securities dealer is engaging business on behalf of the broker, dealer reportable political party payments and or is seeking to engage in municipal or municipal securities dealer. thus fails to report such information to securities business, information on (ii) The Consultant Agreement shall the Board if the broker, dealer or consulting arrangements relating to such require that, if applicable the consultant municipal securities dealer can issuer, which information shall include shall provide to the broker, dealer or demonstrate that it used reasonable the name, company, business address, municipal securities dealer a report that efforts in attempting to obtain the role and compensation arrangement of no reportable political contributions or necessary information. Reasonable any consultant used, directly or reportable political party payments were efforts shall include: indirectly, by the broker, dealer or made during a calendar quarter. (A) a statement in the Consultant municipal securities dealer to attempt to (iii) The Consultant Agreement shall Agreement that Board rules require obtain or retain municipal securities require that the consultant provide the disclosure of consultant contributions to business with each such issuer. Such

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.195 pfrm04 PsN: 12OCN1 55328 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices information shall be submitted to the particular contribution or payment on political party payments (as defined in issuer either: subsequent reports. rule G–38(a)(vii)); (i)–(ii) No change. (I) a statement, if applicable, that a Rule G–8. Books and Records To Be [(d)] (e) Disclosure to Board. Each consultant failed to provide any report Made by Brokers, Dealers and broker, dealer and municipal securities of information to the dealer concerning Municipal Securities Dealers dealer shall send to the Board by reportable political contributions or certified or registered mail, or some (a) Description of Books and Records reportable political party payments; and other equally prompt means that Required to be Made. Except as (J) the date of termination of any provides a record of sending, and the otherwise specifically indicated in this consultant arrangement. Board shall make public, reports of all rule, every broker, dealer and municipal (xix) No change. consultants used by the broker, dealer or securities dealer shall make and keep (b)–(f) No change. municipal securities dealer during each current the following books and records, Rule G–37. Political Contributions and calendar quarter. Two copies of the to the extent applicable to the business Prohibitions on Municipal Securities reports must be sent to the Board on of such broker, dealer or municipal Business Form G–37/G–38 by the last day of the securities dealer: (i)–(xvii) No change. (a)–(d) No change. month following the end of each (e)(i)(A)–(C) No change. calendar quarter (these dates correspond (xviii) Records Concerning Consultants Pursuant to Rule G–38. (D) any information required to be to January 31, April 30, July 31, and disclosed pursuant to section [(d)](e) of October 31). Such reports shall include, Each broker, dealer and municipal securities dealer shall maintain: rule G–38; and for each consultant, in the prescribed (E) No change. [(i)] (A) a listing of the name, format, the consultant’s name, company, (ii)–(iii) No change. business address, role, [and] company, business address, role and (f)–(i) No change. compensation arrangement of each compensation arrangement, any * * * * * municipal securities business obtained consultant; or retained by the consultant with each [(ii)] (B) a copy of each Consultant II. Self-Regulatory Organization’s such business listed separately, and, if Agreement referred to in rule G–38(b); Statement of the Purpose of, and applicable, dollar amounts paid to the [(iii)] (C) a listing of the compensation Statutory Basis for, the Proposed Rule consultant connected with particular paid in connection with each such Change Consultant Agreement; municipal securities business. [In In its filing with the Commission, the [(iv)] (D) where applicable, a listing of addition, s] Such reports shall indicate Board included statements concerning the municipal securities business the total dollar amount of payments the purpose of and basis for the obtained or retained through the made to each consultant during the proposed rule change and discussed any report period [and, if any such activities of each consultant; [(v)] (E) a listing of issuers and a comments it received on the proposed payments are related to the consultant’s rule change. The texts of these efforts on behalf of the broker, dealer or record of disclosures made to such issuers, pursuant to rule G–38 [(c) (d), statements may be examined at the municipal securities dealer which places specified in item IV below. The resulted in particular municipal concerning each consultant used by the broker, dealer or municipal securities Board has prepared summaries, set forth securities business, then that business in Sections A, B, and C below, of the and the related dollar amount of the dealer to obtain or retain municipal securities business with each such most significant aspects of such payment must be separately identified]. statements. In addition, such reports shall include issuer; [and] [(vi)] (F) records of each reportable the following information to the extent A. Self-Regulatory Organization’s political contribution (as defined in rule required to be obtained during such Statement of the Purpose of, and G–38(a)(vi)), which records shall calendar quarter pursuant to paragraph Statutory Basis for, the Proposed Rule include: (c)(i) of this rule: Change (1) the names, city/county and state of (i)(A) the name and title (including residence of contributors; 1. Background any city/county/state or political (2) the names and titles (including Rule G–37 4 among other things, subdivision) of each official of an issuer any city/county/state or other political prohibits a dealer from engaging in and political party receiving reportable subdivision) of the recipients of such municipal securities business with an political contributions or reportable contributions; and issuer within two years after certain political party payments, listed by state; (3) the amounts and dates of such contributions to an official of such and contributions; issuer made by the dealer, any (B) contribution or payment amounts (G) records of each reportable municipal finance professional made and the contributor category of political party payment (as defined in associated with such dealer, or any the persons and entities described in rule G–38(a)(vii)) which records shall political action committee (‘‘PAC’’) paragraphs (b)(i) of this rule; or include: controlled by the dealer or any (ii) if applicable, a statement that the (1) the names, city/county and state of municipal finance professional. Rule G– consultant reported that no reportable residence of contributors; 37(d) prohibits a dealer and any political contributions or reportable (2) the names and titles (including municipal finance professional from political party payments were made; or any city/county/state or other political doing any act indirectly which would (iii) if applicable, a statement that the subdivision) of the recipients of such result in a violation of the rule if done consultant failed to provide any report payments; and directly by the dealer or municipal of information to the dealer concerning (3) the amounts and dates of such finance professional. Thus, a dealer reportable political contributions or payments; would violate Rule G–37 by engaging in reportable political party payments. (H) records indicating, if applicable, municipal securities business with an Once a contribution or payment has that a consultant made no reportable been disclosed on a report, the dealer political contributions (as defined in 4 MSRB Manual, General Rules, Rule G–37 (CCH) should not continue to disclose that rule G–38(a)(vi)) or no reportable 3681.

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As indirect activities are often had made their own contributions to the consultant agrees to provide the difficult to prove, the Board believes issuer officials.10 The Rule G–38 dealer each calendar quarter with a that additional information about reporting and recordkeeping listing of reportable political consultant arrangements should be requirements seek to make information contributions to official(s) of an issuer made available to issuers and the public public about the consultants that dealers and reportable payments to political in order to maintain the integrity of the have hired and the municipal securities parties of states and political market. Accordingly, the Board adopted business obtained through such subdivisions during such quarter, or a Rule G–38.5 consultants. One reason the Board report that no reportable political Rule G–38 requires dealers who use sought this public disclosure was so that contributions or reportable political consultants 6 to evidence the consulting reporters and others could investigate party payments were made, as arrangement in writing (referred to as a further whether there was a connection appropriate.12 ‘‘Consultant Agreement’’).7 Rule G–38(c) between contributions given by The proposed rule change would requires each dealer to disclose to an consultants and the business they require a dealer to obtain information issuer with which it is engaging or obtained for the dealers that hired them. from its consultants about the seeking to engage in municipal The Board determined to adopt the contributions made to issuer officials securities business, in writing, proposed rule change to Rule G–38 only if the consultant has had direct or information on consulting arrangements because of concern that, given the indirect communication with such relating to such issuer. The written increased enforcement of Rule G–37, issuer to obtain municipal securities disclosure must include, at a minimum, more dealers may seek to circumvent business on behalf of the dealer.13 The the name, company, role and Rule G–37 by hiring consultants who political party payments required to be compensation arrangement with the make substantial contributions to issuer reported are limited to those made to consultant or consultants. Dealers are officials. political parties of states and political required to make such written subdivisions that operate within the disclosures either prior to the issuer’s 2. Summary of Proposed Rule Change geographic area of the issuer with whom selection of any dealer in connection The proposed rule change would the consultant communicates on behalf with the municipal securities business require a dealer to receive and report of the dealer (e.g., city, county and state being sought, or at or prior to the certain contribution and payment parties). The date that establishes the consultant’s first direct or indirect information from: the consultant; any obligation for the collection of communication with the issuer for any partner, director, officer or employee of contribution information is the date of municipal securities business. Rule G– the consultant who communicates with the consultant’s communication with 38(d) requires dealers to submit to the an issuer to obtain municipal securities the issuer to obtain municipal securities Board, on a quarterly basis, reports of all business on behalf of the dealer; and, business on behalf of the dealer. consultants used by the dealer.8 For any PAC controlled by the consultant or With respect to the collection of each consultant, dealers must report the any partner, director, officer or contribution and payment information, consultant’s name, company, role and employee of the consultant who the proposed rule change contains a six- compensation arrangement, as well as communicates with issuers to obtain month ‘‘look-back’’ as well as a six- the dollar amount of any payment made municipal securities business on behalf month ‘‘look-forward’’ provision from to the consultant during the quarterly of the dealer.11 A dealer would be the date of communication with an 9 reporting period. issuer. Thus, a consultant must disclose As mentioned above, one of the 10 In October 1993, at the urging of SEC Chairman to the dealer the contributions and reasons the Board adopted Rule G–38 Arthur Levitt, 19 major dealers agreed to a payments made by the consultant was because of its concern that dealers Statement of Initiative (‘‘Initiative’’) to support the might be circumventing Rule G–37 by principle that political contributions which are intended to influence the awarding of municipal with issuers to obtain municipal securities business using consultants to make political securities should be prohibited. Within a few on behalf of the dealer. months, another 36 dealers ‘‘signed on’’ to the 12 The de minimis exception for contributions to 5 MSRB Manual, General Rules, Rule G–38 (CCH) Initiative. Interpretation No. 1 was issued on official(s) of an issuer provides that a consultant 3686. December 6, 1993, and among other things, need not provide to a dealer information about 6 Rule G–38(a)(i) defines the term ‘‘consultant’’ as provides requirements for a dealer that uses a contributions made by any partner, director, officer any person used by a dealer to obtain or retain consultant to obtain or retain municipal securities or employee of the consultant who communicates municipal securities business through direct or business. This interpretation requires, among other with issuers to obtain municipal securities business indirect communication by such person with an things, that a dealer have a written agreement with on behalf of the dealer to any official of an issuer issuer on the dealer’s behalf where the the consultant and that such agreement prohibit the for whom such individual is entitled to vote if such communication is undertaken by such person in consultant, its officers, directors, partners, and non- individual’s contributions, in total, are not in excess exchange for, or with the understanding of clerical employees from making any political of $250 to each official of such issuer, per election. receiving, payment from the dealer or any other contributions or other payments, directly or Similarly, the de minimis exception for payments person. indirectly, for the purposes of obtaining or retaining provides that a consultant need not provide to a 7 Rule G–38 requires that the Consultant municipal securities business. dealer information about payments to political Agreement, at a minimum, include the name, 11 A ‘‘consultant’’ in Rule G–38 can refer to an parties of a state or political subdivision made by company, role and compensation arrangement of individual or a company (e.g., a bank affiliated with any partner, director, officer or employee of the each consultant used by the dealer. The Consultant a bank dealer). For example, if an individual is a consultant who communicates with issuers to Agreement must be entered into before a consultant consultant, this individual would report to the obtain municipal securities business on behalf of engages in any direct or indirect communication dealer only his or her contributions and payments the dealer who is entitled to vote in such state or with an issuer on the dealer’s behalf. and the contributions of any PAC controlled by political subdivision if the payments by the 8 Such reports must be filed on Form G–37/G–38. such individual. If the consultant is a company, the individual, in total, are not in excess of $250 per 9 In addition, if any payment made during the company would report its contributions and political party, per year. reporting period is related to the consultant’s efforts payments to the dealer, as well as those made by 13 A dealer must disclose contributions with on behalf of the dealer which resulted in particular any partner, director, officer or employee of the respect to those issuers from which a consultant municipal securities business, whether the consultant who communicates with issuers to seeking municipal securities business on behalf of municipal securities business was completed obtain municipal securities business on behalf of the dealer, regardless of whether contributions are during that or a prior reporting period, then the the dealer, and any PAC controlled by the going to and communications are occurring with dealer must separately identify that business and consultant or any partner, director, officer or the same or different personnel within that the dollar amount of the payment. employee of the consultant who communicates particular issuer.

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.197 pfrm04 PsN: 12OCN1 55330 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices during the six months prior to the date attachment sheet for each consultant (1) State in its Consultant Agreement of the consultant’s communication with used by the dealer the contributions and that Board rules require disclosure of the issuer.14 So too, if the consultant’s payments covered by the rule or that no consultant contributions and payment; communication with an issuer such contributions or payments were (2) Send quarterly reminders to continues, any reportable contributions made for such quarter. Further, a dealer consultant of the deadline for their and payments would be required to be must disclose if a consultant has failed submissions to the dealer of disclosed. Once communication ceases, to provide it with a report concerning its contribution information; the consultant still must disclose contributions and payments. When (3) Include language in the Consultant contribution and payment information completing the form, a dealer must Agreement to the effect that: (a) The for six months.15 The Board believes disclose, in addition to the other Consultant Agreement will be these provisions are important in required information, the calendar terminated if, for any calendar quarter, providing information for a minimum quarter and year of any reportable the consultant fails to provide the dealer period of one year about any consultant political contributions and reportable with information about its reportable contributions to officials of an issuer political party payments that were made contributions or payments, or a report with whom the consultant prior to the calendar quarter of the form noting that the consultant made no communicated on behalf of a dealer to being completed (e.g., contributions and reportable contributions or payments, obtain municipal securities business. payments made in a prior quarter that and such failure continues up to the This should help to identify any are reportable as a result of the six- date to be determined by the dealer but situations in which contributions could month look-back). Reportable ‘‘look- no later than the date by which the have influenced the awarding of dealer is required to send Form G–37/ municipal securities business. The back’’ contributions and payments also must be disclosed on the Form G–37/G– G–38 to the Board with respect to the proposed rule change would require next succeeding calendar quarter, such dealers to keep records under Rule G– 38 for the quarters in which the consultant has communicated with an termination to be effective upon the date 8 of all reportable political contributions the dealer must send its Form G–37/G– and all reportable political party issuer to obtain municipal securities business on behalf of a dealer.18 Once a 38 to the Board, and (b) the dealer may payments. not make any further payments to the A dealer’s requirement to collect contribution or payment has been disclosed on a report, a dealer should consultant, including payments owed contribution and payment information for services performed prior to the date not continue to disclose that particular from its consultants ends when a of termination, as of the date of such contribution or payment on subsequent Consultant Agreement has been termination; and terminated.16 Of course, dealers should reports. The attachment page to Form (4) Enforce the Consultant Agreement not attempt to avoid the requirements of G–37/G–38 also has been revised to provisions described above in a full and Rule G–38 by terminating a consultant require dealers to separately identify all timely manner and indicate the reason relationship after directing or soliciting of the municipal securities business for and date of the termination on its the consultant to make a political obtained or retained by the consultant Form G–37/G–38 for the applicable contribution to an issuer official after 19 for the dealer. quarter. such termination. Rule G–37(d) The proposed rule change includes a The failure by a dealer to include the prohibits a dealer from doing any act ‘‘reasonable efforts’’ provision that termination and non-payment indirectly which would result in a allows dealers to rely in good faith on provisions in a Consultant Agreement or violation of Rule G–37 if done directly information received from their to enforce any such provisions that may by the dealer. Thus, a dealer may violate consultant regarding contributions and be contained in the Consultant Rule G–37 by engaging in municipal payments. The reasonable efforts Agreement, would not, in and of itself, securities business with an issuer after provision provides that a dealer will not constitute a violation of Rule G–38 but directing or soliciting any person to violate Rule G–38 if the dealer fails to would instead preclude the dealer from make a contribution to an official of receive from its consultant all required invoking the reasonable efforts such issuer. The proposed rule change would contribution and payment information provision as a defense against a possible require that the information obtained by and thus fails to report such information violation for failing to disclose dealers concerning their consultant’s to the Board if the dealer can consultant contribution information, contributions and payments be demonstrate that it used reasonable which the consultant may have submitted by dealers to the Board on efforts in attempting to obtain the withheld from the dealer. Form G–37/G–38.17 The disclosures necessary information. However, to Finally, the proposed rule change required by the proposed rule change avail itself of the reasonable efforts contains a clarifying amendment to Rule are reflected in the draft changes to provision, a dealer must: G–38(b)(i)(B), and a technical Form G–37/G–38. The draft changes amendment to Rule G–37(e)(i)(D) to require dealers to disclose on the 18 If the amendments to Rule G–38 become conform to the amendments to Rule G– effective on April 1, 2000, as the Board has 38. requested, on the reports for the second quarter of The Board is very concerned about 14 Such contributions and payments become 2000 (required to be sent to the Board by July 31, reportable in the calendar quarter in which the 2000) dealers would be required to disclose their consultants making contributions to consultant first communicates with the issuer. consultants’ reportable political contributions and obtain municipal securities business on 15 Contributions and payments made reportable political party payments for the second behalf of the dealer and, while the simultaneously with or after the consultant’s first quarter of 2000 and include, pursuant to the six- Board, at this time, is only requiring communication with the issuer are reportable in the month look-back, reportable political contributions calendar quarter in which they are made. and reportable political party payments since disclosure of consultants’ political 16 A dealer that terminates a Consultant October 1, 1999. contributions and payments to state and Agreement would of course be obligated to obtain 19 The existing version of the form requires local political parties, it will be paying information regarding contributions and payments dealers to list only the municipal securities close attention to this issue. The Board made up to the date of termination. business obtained or retained by the consultant in 17 The proposed rule change also requires dealers which the consultant was paid a specific dollar will take whatever further steps it feels to report the consultant’s business address on Form amount for the particular municipal securities are necessary to sever the connection G–37/G–38. business. between the giving of political

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Self-Regulatory Organization’s The Board determined to revise the amendments to Rule G–8 be modified to Statement on Burden on Competition draft amendments to limit the political allow for more time in which to report The Board does not believe that the party contributions required to be the information received from proposed rule change would impose any reported to those made to political consultants pursuant to Rule G–38. burden on competition not necessary or parties of states and political TBMA stated that, ‘‘[i]n order to meet appropriate in furtherance of the subdivisions that operate within the the 30-day deadline, dealers would have purposes of the Act, because it would geographic area of the issuer with whom to impose a much earlier deadline on apply equally to all brokers, dealers and the consultant communicates on behalf their consultants, which would give municipal securities dealers. of the dealer.22 This is consistent with consultants less time to collect the information and transmit it to the the requirements for reporting C. Self-Regulatory Organization’s dealers * * *. This lack of time would contributions. Statement on Comments on the make it extremely difficult, and perhaps Proposed Rule Change Received From 2. Consultant’s Business Address impossible, for dealers to collect all the Members, Participants, or Others required information for reporting in In September 1997, the Board Cox Newspaper suggested that Rule time allowed.’’ TBM and Piper Jaffray published a notice that proposed for G–38 require disclosure of the address stated that it would be more appropriate comment draft amendments to Rules G– and telephone number of the consultant to require consultant contributions to be 38 and G–8 and revisions to Form G–37/ or (when applicable) the address and included in the report filed for the G–38 that would require dealers to telephone number of the consultant’s quarter following the making of any disclose their consultants’ political company. It noted that such information political contributions. TBMA stated contributions to officials of an issuer would help in contacting consultants to that ‘‘[t]he additional 90 days would and payments to state and local political ask questions about connections allow dealers to ensure that all of the parties.21 In response to its request for between contributions and business and consultants have reported and that the comments, the Board received comment in checking campaign finance reports. It filed G–37/T–38 forms are completed letters from Cox Newspapers, Piper also noted that this information helps to properly.’’ Jaffray Companies, Inc. (‘‘Piper Jaffray’’), avoid confusion with other people who The Board understands why dealers and The Bond Market Association have the same name as the consultant. would wish more time to report their (‘‘TBMA’’). Finally, it noted that the Federal consultants’ contributions and 1. Payments to State and Local Political Election Commission (‘‘FEC’’) payments. However, the Board is Parties regulations require the address of any concerned that industry participants could view this delay of up to six contributor of $200 or more as one of TBMA and Piper Jaffray months in reports of consultant the items that must be reported by recommended that the draft contributions and payments as a amendments be modified to make clear political committees. weakening of the rule. Thus, the Board that only those contributions to state The Board revised the draft determined not to grant additional time and local political parties operating amendments to Rule G–38 to require to report consultant contributions and within the jurisdiction of the issuer that the consultant’s business address be payments. which is the subject of the Consultant reported on Form G–37/G–38.23 This 4. Good Faith Defense Agreement must be reported. TBMA requirement is similar to the FEC stated that the reporting of all regulations. Including the address TBMA and Piper Jaffray stated that contributions to state and local political would be helpful for anyone trying to dealers should not be required to parties by consultants (except for the contact the consultant to inquire about guarantee the accuracy of the $250 de minimis) ‘‘would impose an information they obtain from their unfair burden on all dealers employing contributions or any other consultant information contained on Form G–37/ consultants, and TBMA stated that consultants to monitor and report on all dealers should not ‘‘be expected to contributions to state and local political G–38. The Board believes that requiring dealers to include consultants’ conduct any investigation into the parties by independent third party accuracy or completeness of the telephone numbers could lead to market participants even though there information provided to the.’’ TBMA unnecessary calls to the consultant; was no nexus or other reasonable recommended that Rule G–38 ‘‘include relationship between those political however, by requiring that the language which will afford dealers parties and the purpose of employing disclosure of addresses for consultants, confidence that they may in good faith the consultant.’’ Pipeer Jaffray stated anyone wishing to call a consultant rely upon the information they receive that requiring a dealer to ‘‘monitor and should be able to obtain the telephone from their consultants in submitting report all political contributions to state number. their reports.’’ The Board believes it is reasonable to 20 Section 15B(b)(2)(C) states that the Board’s 22 The proposed rule change contains a de allow dealers to rely in good faith on rules shall be designed to prevent fraudulent and minimis exception from the reporting of their consultants’ reports and that it manipulative acts and practices, to promote just consultants’ payments to political parties in which and equitable principles of trade, to remove would be almost impossible for dealers such consultant is entitled to vote if the payments impediments to and perfect the mechanism of a free are not in excess of $250 per political party, per to investigate for contributions made by and open market in municipal securities, and, in their consultants that were not reported. general, to protect investors and the public interest. year. 21 ‘‘Disclosure of Consultants’ Political 23 Rule G–8(a)(xviii) was also amended to require The amendments originally filed with Contributions and Payments,’’ MSRB Reports, Vol. a dealer to maintain a record of a consultant’s the Commission stated that a dealer will 17, No. 3 (October 1997) at 3–7. business address. not violate Rule G–38 if it fails to

VerDate 06-OCT-99 15:00 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\A12OC3.200 pfrm04 PsN: 12OCN1 55332 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices receive from its consultant all required comments are summarized and motivated by an improper attempt to contribution and payment information discussed below. influence municipal officials. Thus, the and thus, fails to report such proposal enables municipal finance 1. De Minimus Exemption From information to the Board if the dealer professionals to contribute $250 per election Reporting to candidates for whom they are entitled to can demonstrate that it used reasonable vote without triggering the proposal’s efforts in attempting to obtain the Wells Fargo asked that ‘‘the Board enlarge the scope of the de minimus business limitation. As discussed, the necessary information. The FEC has proposal does not prevent dealers or their similar requirements for reporting of contribution exemption contained in employees from demonstrating support for contribution information by various [r]ules G–37 and G–38.’’ It noted that a local and state officials in other ways entities. The amendments originally ‘‘general de minimus exemption for all including volunteer political campaign filed with the Commission stated that elections and the elimination of the activity.26 reporting requirements for both de ‘‘reasonable efforts’’ would include Also, the proposed rule change does minimus contributions and no having a dealer: (1) State in the not require a dealer to obtain contributions would greatly ease the Consultant Agreement that Board rules information about all political reporting burden.’’ In addition, Wells require disclosure of consultant contributions made by its consultants. A Fargo stated that ‘‘[a] more limited contributions and payments, and (2) dealer must obtain information from its approach would be to expand the de send quarterly reminders to consultants consultants about the contributions minimus exemption to the state and/or of the deadline for their submissions to made to issuer officials only if the metropolitan area in which the person the dealer of contribution and payment consultant has had direct or indirect information. making the contribution works or lives.’’ The ABA also noted that ‘‘given the communication with such issuer to In January 1999, the Commission staff obtain municipal securities business on recommended to Board staff that the contiguous state borders in many metropolitan areas * * * and the behalf of the dealer. The political party reasonable efforts provisions contain payments required to be reported are two additional requirements: (1) The geographic freedom provided by the Internet, it is far more likely that limited to those made to political parties dealer must disclose in its quarterly of states and political subdivisions that filings any consultant that does not individuals may wish to make contributions outside of those operate within the geographic area of provide a report of the information the issuer with whom the consultant required by the rule, and (2) the dealer jurisdictions in which they can vote.’’ The ABA ‘‘recommends that the de communicates on behalf of the dealer must terminate the contract should the (e.g., city, county and state parties). The consultant fail to provide such report by minimus exception of $250 per candidate apply to all elections, rather date that establishes the obligation for the next calendar quarter after it was the collection of contribution due, and the dealer must not make any just than to candidates for whom an individual may vote’’ because information is the date of the further payments pursuant to the consultant’s communication with the Consultant Agreement. The Commission ‘‘expanding the scope of the exemption would go far toward eliminating the issuer to obtain municipal securities staff stated that these additional business on behalf of the dealer. requirements to the reasonable efforts burden of the proposed rule.’’ provision should ensure that all Response: The de minimus exemption 2. Requirement To Terminate required information on contributions is in the proposed amendments does not Consultant Agreement require disclosure of certain obtained from consultants. On April 19, The Washington State Treasurer contributions to issuer officials for 1999, the Board published a notice for stated that requiring dealers to terminate whom a consultant is entitled to vote. comment concerning the additional their Consultant Agreements with This exception is similar to that in Rule requirements for the amendments consultants who fail to provide G–37. The Commission addressed the pending at the Commission concerning information about their reportable issue of the de minimus exemption and the disclosure of consultants’ political contributions ‘‘is not in the its scope in Rule G–37 in its order contributions.24 The Board received five public’s best interest, for it deprives approving that rule.25 The Commission comment letters in response to its municipal securities dealers of any noted that it request for comments on these opportunity to exercise independent additional requirements. Comment believes that the MSRB’s determinations as to judgment.’’ letters were received from the American the amount of the de minimus exemption and The ABA stated that ‘‘it is unclear limiting its application to contributions to Bankers Association (‘‘ABA’’); First from the proposed language * ** Kentucky Securities Corp. (‘‘First officials for whom the municipal finance professional is entitled to vote are whether or not a dealer would be Kentucky’’); State Treasurer, State of appropriate and reasonable. As discussed, prohibited from paying a consultant Washington (‘‘Washington State the proposal provides specific guidelines to whose contract the dealer was required Treasurer’’); TBMA; and Wells Fargo & prevent ‘‘pay to play’’ contributions. The to terminate pursuant to [r]ule G–38, for Company (‘‘Wells Fargo’’) proposal provides an appropriate balance work that had already been performed In general, none of the commenters between limiting ‘‘pay to play’’ practices and under the contract.’’ The ABA ‘‘believes offered support for the additional the ability of dealers and their employees to that the rule should make clear that demonstrate support for state and local requirements. The Washington State even at termination, a dealer may still Treasurer stated that he objects to the candidates. The proposal recognizes that certain contributions made for legitimate avail itself of the ‘reasonable efforts’ additional requirements ‘‘as both political purposes present less risk of a defense if it pays a consultant for work unnecessary and inappropriate.’’ TBMA conflict of interest or the appearance of a that was completed prior to the date of stated that the additional requirements conflict of interest. Although an individual termination.’’ The ABA further stated ‘‘represent excessive micromanagement may have a legitimate interest in making that ‘‘[a]bsent such a clarification, the of dealers’ business.’’ Specific contributions to candidates for whom she is dealer could find itself liable for breach ineligible to vote, there is a greater risk in such circumstances that the contribution is of the Consultant Agreement with 24 ‘‘Additional Requirements for Pending respect to work already performed.’’ Amendments on Disclosure of Consultants’ Contributions,’’ MSRB Reports, Vol. 19, No. 2 (April 25 Securities Exchange Act Release No. 33868 1999) at 3–7. (April 7, 1994), 59 FR 17621 (April 13, 1994). 26 Id.

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TBMA states that ‘‘it may be portion of the contract subject to [r]ule significant regulatory burdens on impossible to suspend all payments of G–38.’’ financial institutions operating compensation to the consultant at the Response: Rule G–38(b) requires a nationwide that rely on cross-selling of time of termination of the contract—if, dealer that uses a consultant to have a affiliates’ products as a significant part for example, the consultant has not written Consultant Agreement. The of their marketing strategy.’’ billed for services previously rendered, Consultant Agreement, pursuant to Response: Rule G–38 has always or there is a billing dispute that has not Board rules, addresses a consultant’s required that dealers record and report been resolved.’’ TBMA believes the activities on behalf of a dealer in which certain information about their ‘‘prohibition should more appropriately the consultant is used to obtain or retain consultants every quarter, the be limited to payment for services municipal securities business. If a amendments add additional items of rendered after the date of termination.’’ Consultant Agreement includes other information that must be recorded and Response: The Board feels strongly activities unrelated to municipal reported. While the additional that Rule G–38 should require the securities activities pursuant to Rule G– information may be an added burden on disclosure of consultants’ contributions 38, the requirement to terminate the dealers, the Board believes it is and dealers should be able to avail Consultant Agreement would apply important that dealers obtain and report themselves of a reasonable efforts only to the activities covered by Rule G– the information so that consultants’ defense if they wish to do so. The 38. If a dealer has only one contract political contributions can be reviewed provision relating to termination of the with a consultant, presumably the in order to determine whether there are Consultant Agreement with a consultant dealer could demonstrate to an issues that should be addressed, that does not provide the required enforcement agency that, depending possibly through future Board information is a pre-condition to upon the facts and circumstances, rulemaking. The ABA mentioned the ‘‘regulatory invoking the reasonable efforts defense. terminating the consultant’s Rule G–38 burden’’ of dealers sending ‘‘quarterly A dealer that does not terminate the activities and ceasing payments with reminders to non-compliant Consultant Agreement in these respect to such Rule G–38 activities, consultants.’’ [emphasis added] One of instances does not violate Rule G–38, while the consultant continues other the requirements of the reasonable but it does lose its ability to invoke the consulting activities and receives efforts provision for dealers that wish to reasonable efforts defense. payments from the dealer for such activities, would meet the pre- avail themselves of such a defense is The Board believes that the issue of a conditions for invoking the reasonable that dealers send quarterly reminders to prohibition on further payments to a efforts defense. A dealer may wish to their consultants of the deadline for consultant at the time of termination of consider having a separate contract or their submissions to the dealer of their the Consultant Agreement can be contracts with a consultant for these reportable contribution information; addressed by dealers including a additional activities in addition to the there is no reference to non-compliant specific provision in their Consultant Consultant Agreement that conforms to consultants in this regard. Agreements. This provision can indicate the requirements of Rule G–38. that, on the date of termination of the 6. Recordkeeping Consultant Agreement by the dealer 4. Participation in the Political Process First Kentucky stated that the because of the consultant’s failure to Wells Fargo stated that it is ‘‘very amendment to Rule G–8(a)(xviii)(H), report the required information, no concerned about the chilling effect that which requires dealers to maintain further payments will be provided by the adoption of the proposed rule will records indicating, if applicable, that a the dealer to the consultant, including have on participation in the political consultant made no reportable political payments for services performed by the process.’’ contributions or political party consultant prior to the date of Response: The proposed rule change payments, is unnecessary and is another termination. In addition, to address any requires dealers to record and report opportunity for the enforcement uncertainty in the rule language about information about certain political agencies to cite dealers for improper payments for prior services, the contributions and payments to state and record retention. Wells Fargo stated that proposed rule change would amend local political parties received from the requirement for dealers to report Rule G–38 to note specifically that the their consultants. The proposed rule when no contributions have been made prohibition on further payments at the change does not prohibit political by consultants will be burdensome. time of termination of the Consultant contributions or payments to political Response: The amendments in the Agreement includes payments for parties; therefore, there should be no original filing required dealers to services performed prior to the date of chilling effect on participation in the receive from their consultants reports on termination. It is not clear what TBMA political process. any reportable contributions, but the means by limiting payment for services amendments did not contain a rendered after the date of termination 5. Reporting requirement for dealers to receive because, presumably, a consultant Wells Fargo stated that it ‘‘is reports if no such contributions were would not be performing services for concerned about the burden that the made. To establish a complete record of which it would expect to be paid after proposed reporting requirements will the information being reported by the Consultant Agreement has been impose.’’ It noted that the ‘‘broad consultants, Amendment No. 1 revises terminated. definition of ‘consultant’ in the [r]ule the amendments in the original filing to may subject bankers who provide require dealers to receive reports every 3. Consultant Activities Other Than referrals for municipal securities quarter from their consultants listing all Seeking Municipal Securities Business underwriting business to the reporting reportable contributions or stating that The ABA stated that ‘‘it is likely that and disclosure rules.’’ The ABA found the consultants made no reportable agreements with consultants may cover that ‘‘the proposed requirements to contributions, as appropriate. A dealer activities in addition to municipal monitor the political contributions of would then indicate the contributions securities consulting’’ and that ‘‘[i]n consultants through quarterly reports to reported or that a consultant had no such instances, the requirement to the Board and quarterly reminders to contributions to report, as appropriate, terminate should apply only to that non-complaint consultants will impose on its Form G–37/G–38 for the

VerDate 06-OCT-99 19:49 Oct 08, 1999 Jkt 183247 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.XXX pfrm07 PsN: 12OCN1 55334 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices applicable quarter. The proposed rule concerning reportable political For the Commission by the Division of change requires dealers to disclose if contributions and political party Market Regulation, pursuant to delegated they did not receive a report from a payments. Thus, information about authority.27 consultant during a particular quarter. Consultant Agreements terminated for Johathan G. Katz, Thus, if a consultant does not submit a failure to provide the required Secretary. report to the dealer for a particular information will be available for review [FR Doc. 99–26524 Filed 10–8–99; 8:45 am] quarter, the dealer must report this fact on the Board’s web site. In addition, if BILLING CODE 8010±01±M on its Form G–37/G–38. a dealer is concerned about whether a For recordkeeping purposes, the potential consultant has provided the proposed amendments to Rule G–8 required informaiton in the past to other SMALL BUSINESS ADMINISTRATION establish a complete record of the dealers, the dealer can ask the reports submitted by consultants. These consultant to address the issue and/or Reporting and Recordkeeping amendments require a dealer to the issue can be addressed in the Requirements Under OMB Review maintain: (1) Records of each reportable Consultant Agreement. political contribution; (2) records of AGENCY: Small Business Administration. each reportable political party payment; III. Date of Effectiveness of the ACTION: Notice of reporting requirements (3) records indicating, if applicable, that Proposed Rule Change and Timing for submitted for OMB review. a consultant made no reportable Commission Action SUMMARY: political contributions or no reportable Under the provisions of the political party payments; and (4) a The Board has requested that the Paperwork Reduction Act (44 U.S.C. statement, if applicable, that a Commission delay the effectiveness of Chapter 35), agencies are required to consultant failed to provide any report the proposed rule change until April 1, submit proposed reporting and of information to the dealer concerning 2000. Within 35 days of the date of recordkeeping requirements to OMB for reportable political contributions or publication of this notice in the Federal review and approval, and to publish a reportable political party payments. Register of within such longer period (i) notice in the Federal Register notifying Although some dealers may believe as the Commission may designate up to the public that the agency has made the requirements to report and maintain 90 days of such date if it finds such such a submission. records indicating that a consultant longer period to be appropriated and DATES: Submit comments on or before made no reportable political publishes its reasons for so finding, or November 12, 1999. If you intend to contributions would be burdensome, (ii) as to which the self-regulatory comment but cannot prepare comments such reports and records provide a organization consents, the Commission promptly, please advise the OMB complete record of a consultant’s will: Reviewer and the Agency Clearance contributions. If it should be determined Officer before the deadline. (A) by order approve such proposed later that a consultant did in fact make COPIES: Request for clearance (OMB 83– rule change, or a reportable contribution after reporting 1), supporting statement, and other that no reportable contributions were (B) institute proceedings to determine documents submitted to OMB for made, the dealer will have a record to whether the proposed rule change review may be obtained from the demonstrate that the consultant hid the should be disapproved. Agency Clearance Officer. contribution information from the IV. Solicitation of Comments ADDRESSES: Address all comments dealer. concerning this notice to: Agency 7. List of Consultants That Have Been Interested people are invited to Clearance Officer, Jacqueline White, Subject to Termination submit written data, views, and Small Business Administration, 409 3rd arguments concerning the foregoing, Street, S.W., 5th Floor, Washington, TBMA stated that ‘‘a dealer will have including whether the proposal is D.C. 20416; and OMB Reviewer, Office no way to knowing whether the consistent with the Act. People making of Information and Regulatory Affairs, consultant it uses has complied with written submissions should file six Office of Management and Budget, New similar obligations to other dealers in copies thereof with the Secretary, Executive Office Building, Washington, the past’’ and it suggested that the Board Securities and Exchange Commission, D.C. 20503. ‘‘could remedy this situation by posting 450 Fifth Street, N.W., Washington, D.C. FOR FURTHER INFORMATION CONTACT: on its website a list of consultants that 20549–0609. Copies of the submission, have been subject to termination as a Jacqueline White, Agency Clearance all subsequent amendments, all written result of their failure to comply with Officer, (202) 205–7044. these disclosure provisions.’’ TMBA statements with respect to the proposed SUPPLEMENTARY INFORMATION: noted that ‘‘[t]his would also serve to rule change that are filed with the Title: Surety Bond Guarantee create a strong disincentive to the Commission, and all written Graduation Questionnaire. Form No: 1972. consultant to disregard its contractual communications relating to the proposed rule change between the Frequency: On Occasion. obligations in this manner.’’ Description of Respondents: Surety Response: The Board posts on its web Commission and any person, other than Companies Participating in the SBA’s site the Forms G–37/G–38 it receives. those that may be withheld from the Surety Bond Guarantee Program. The porposed amendment to Rule G–38 public in accordance with the provisions of 5 U.S.C. 552, will be Annual Responses: 29. include a requirement for a dealer Annual Burden: 2.5. wishing to rely on the reasonable efforts available for inspection and copying in provision to indicate on its Form G–37/ the Commission’s Public Reference Dated: October 5, 1999. G–38 the reason for the date of Room. Copies of the filing will also be Jacqueline White, termination of the Consultant available for inspection and copying at Chief, Administrative Information Branch. Agreement in thos instances in which a the Board’s principal offices. All [FR Doc. 99–26560 Filed 10–8–99; 8:45 am] Consultant Agreement has been submissions should refer to File No. BILLING CODE 8025±01±U terminated because the consultant did SR–MSRB–98–08 and should be not provide the required informaiton submitted by November 2, 1999. 27 17 CFR 200.30–3(a)(12).

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SOCIAL SECURITY ADMINISTRATION 0960–NEW. SSA has contracted with assessed. Quarterly targeted surveys in the Gallup Organization to conduct 16 SSA areas will test the effectiveness Agency Information Collection surveys to gather data on the public’s of several specific communications and Activities: Request for Emergency level of knowledge about Social public information outreach efforts. Review by the Office of Management Security programs. The 1998 Public PUMS II is essential to SSA’s goal of and Budget Understanding Measurement System strengthening public understanding survey (PUMS) indicated that 45 about Social Security programs. The The Social Security Administration percent of the population have a lack of relevant Agency goal contained in SSA’s publishes a list of information collection understanding of the major Social strategic plan is that by the year 2005, packages that will require clearance by Security program areas. The 1999 and 90 percent of all American adults will OMB in compliance with Public Law future Public Understanding be knowledgeable about Social Security 104–13 effective October 1, 1995, The Measurement System surveys (PUMS II) programs in five broad areas: basic Paperwork Reduction Act of 1995. The will enable SSA to build upon the 1998 program facts; the financial value of information collection listed below has PUMS quantitative baseline measure of programs to individuals; the economic been submitted to OMB for emergency public understanding. An annual survey and social impact of SSA programs; how clearance. OMB approval has been will provide annual tracking data of the programs are financed today; and requested by October 19, 1999. public understanding of SSA programs financing issues. The respondents will Comments will be most useful if against which the outcomes of SSA be randomly selected adults residing in received before that date. performance improvement efforts can be the United States.

Annual Quarterly surveys Surveys

Number of Respondents ...... 4,000 12,000 Frequency of Response ...... 1 1 Average Burden Per Response ...... 1 12 1 12 Estimated Annual Burden ...... 2 800 2 2,400 1 In minutes. 2 In hours.

To receive a copy of the surveys or the ACTION: Request for applications; requested applications for membership clearance packages, call the SSA reopening of application deadline; on the committee. This notice reopens Reports Clearance Officer on (410) 965– correction. the period for submission of 4145 or write to him at the address applications and corrects information SUMMARY: The Coast Guard reopens the listed below. Written comments and regarding payment of travel expenses deadline for applications for recommendations regarding the and per diem for members. information collection(s) should be membership on the Great Lakes Pilotage directed to the OMB Desk Officer and Advisory Committee (GLPAC) and Reopening of Application Period corrects information regarding payment SSA Reports Clearance Officer at the In the April 16 notice, the Coast following addresses: of travel expenses and per diem for members. GLPAC advises the Coast Guard requested applications for (OMB) Office of Management and Guard on regulations and policies for membership on GLPAC, and the Budget, Attn: Lori Schack, New the pilotage of vessels on the Great application period closed on June 15, Executive Office Building, Room Lakes. 1999. We are reopening the application 10230, 725 17th St., NW, Washington, DATES: Application forms should reach period until December 15, 1999. If you D.C. 20503. us on or before December 15, 1999. applied in response to the April 16 (SSA) Social Security Administration, notice, you do not need to send another DCFAM, Attn: Frederick W. ADDRESSES: You may request an application form. Brickenkamp, 6401 Security Blvd., 1– application form by writing to A–21 Operations Bldg., Baltimore, Commandant (G–MW), U.S. Coast GLPAC is a Federal advisory MD 21235. Guard, 2100 Second Street SW., committee under 5 U.S.C. App. 2. It Washington, DC 20593–0001; by calling advises the Assistant Commandant for Dated: October 5, 1999. 202–267–6164; or by facing 202–267– Marine Safety and Environmental Frederick W. Brickenkamp, 4700. Send your application form to the Protection on matters relating to Great Reports Clearance Officer, Social Security same address. This notice and the Lakes pilotage. It may advise, consult Administration. application form are available on the with, report to, and make [FR Doc. 99–26460 Filed 10–8–99; 8:45 am] Internet at http://dms.dot.gov. recommendations to the Secretary of the BILLING CODE 4190±29±P FOR FURTHER INFORMATION CONTACT: Department of Transportation and may Frank Flyntz, Executive Director of make these recommendations available GLPAC, or Tom Lawler, Assistant to the to the Congress. DEPARTMENT OF TRANSPORTATION Executive Director, telephone 202–267– 8140 or 202–366–0091, fax 202–267– GLPAC will meet at the call of the Coast Guard 4570. Secretary at least once a year. It may SUPPLEMENTARY INFORMATION: In the also meet at the call of a majority of its [USCG±1999±6237] April 16, 1999 issue of the Federal members. Its subcommittee and working Register (64 FR 53845) the Coast Guard groups may meet to consider specific Great Lakes Pilotage Advisory problem as required. Committee; Vacancies advised the public of its intent to establish the Great Lakes Pilotage GLPAC will be composed of seven AGENCY: Coast Guard, DOT. Advisory Committee (GLPAC) and members as follows:

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(a) Three members who are practicing ACTION: Notice of petitions of exemption Description of Relief Sought: To Great Lakes Pilots and who reflect a received and of dispositions of prior permit Continental to move an airplane regional balance. petitions. on the surface before takeoff or after (b) One member who represents the landing when beverages or other SUMMARY: Pursuant to FAA’s rulemaking interests of vessel operators that containers provided by Continental to provisions governing the application, contract for Great Lakes Pilotage passengers are retained at the processing, and disposition of petitions services. passenger’s seat. for exemption (14 CFR Part 11), this (c) One member who represents the notice contains a summary of certain [FR Doc. 99–26537 Filed 10–8–99; 8:45 am] interests of Great Lakes ports. petitions seeking relief from specified BILLING CODE 4910±13±M (d) One member who represents the requirements of the Federal Aviation interests of shippers whose cargoes are Regulations (14 CFR Chapter I), DEPARTMENT OF TRANSPORTATION transported through Great Lakes ports; dispositions of certain petitions and previously received, and corrections. Federal Aviation Administration (e) One member who represents the The purpose of this notice is to improve interests of the general public and who the public’s awareness of, and Aviation Rulemaking Advisory is an independent expert on the Great participation in, this aspect of FAA’s Committee Meeting on Air Carrier Lakes maritime industry. regulatory activities. Neither publication Operations To be eligible for membership on of this notice nor the inclusion or AGENCY: Federal Aviation GLPAC, applications must have at least omission of information in the summary Administration (FAA) DOT. 5 years of practical experience in is intended to affect the legal status of maritime operations. any petition or its final disposition. ACTION: Notice of meeting. In support of the policy of the DATES: Comments on petitions received SUMMARY: The FAA is issuing this notice Department of Transportation on gender must identify the petition docket to advise the public of a meeting of the and ethnic diversity, we encourage number involved and must be received Federal Aviation Administration qualified women and members of on or before November 1, 1999. Aviation Rulemaking Advisory minority groups to apply. ADDRESSES: Send comments on any Committee to discuss air carrier If you are selected, we may require petition in triplicate to: Federal operations issues. you to complete a Confidential Aviation Administration, Office of the DATES: The meeting will be held on Financial Disclosure Report (OGE Form Chief Counsel, Attn: Rule Docket (AGC– October 27, 1999, at 10:30 a.m. lll 450). We may not release the report or 200), Petition Docket No. , 800 ADDRESSES: The meeting will be held in the information in its to the public, Independence Avenue, SW., Room 1138, Federal Office Building 10B except under an order issued by a Washington, DC 20591. (formerly the ‘‘NASA Building’’), 7th Federal court or as otherwise provided Comments may also be sent and Maryland Streets, SW., Washington, under the Privacy Act (5 U.S.C. 552a). electronically to the following internet DC 20591. address: 9–NPRM–[email protected]. Correction FOR FURTHER INFORMATION CONTACT: The petition, any comments received, Linda Williams, Office of Rulemaking, In our April 16 notice, the Coast and a copy of any final disposition are 800 Independence Avenue, SW, Guard Advises that, ‘‘All members serve filed in the assigned regulatory docket Washington, DC 20591, telephone (202) at their own expense and receive no and are available for examination in the 267–9685. Rules Docket (AGC–200), Room 915G, salary, reimbursement of travel SUPPLEMENTARY INFORMATION: Pursuant FAA Headquarters Building (FOB 10A), expenses, or other compensation from to section 10(a)(2) of the Federal 800 Independence Avenue, SW., the Federal Government.’’ The notice Advisory Committee Act (Pub. L. 92– Washington, DC 20591; telephone (202) should have read, ‘‘All members serve 463, 5 U.S.C. App II), notice is hereby 267–3132. without compensation from the Federal given of a meeting of the Aviation Government; however, travel FOR FURTHER INFORMATION CONTACT: Rulemaking Advisory Committee to be reimbursement and per diem will be Cherie Jack (202) 267–7271 or Terry held on October 27, 1999. The agenda provided.’’ Stubblefield (202) 267–7624, Office of for this meeting will include reports Rulemaking (ARM–1), Federal Aviation Dated: September 30, 1999. from the Airplane Performance Working Administration, 800 Independence Jeffrey P. High, Group and the All-Weather Operations Avenue, SW., Washington, DC 20591. Working Group. Attendance is open to Acting Assistant Commandant for Marine This notice is published pursuant to Safety & Environmental Protection. the interested public but may be limited paragraphs (c), (e), and (g) of § 11.27 of by the space available. The Members of [FR Doc. 99–26532 Filed 10–8–99; 8:45 am] Part 11 of the Federal Aviation the public must make arrangements in BILLING CODE 4910±15±M Regulations (14 CFR Part 11). advance to present oral statements at the Issued in Washington, DC., on October 5, meeting or may present written DEPARTMENT OF TRANSPORTATION 1999. statements to the committee at any time. Michael E. Chase, Arrangements may be made by Federal Aviation Administration Acting Assistant Chief Counsel for contacting the person listed under the Regulations. heading FOR FURTHER INFORMATION CONTACT. [Summary Notice No. PE±99±33] Petitions for Exemption Sign and oral interpretation can be Petitions for Exemption; Summary of Docket No.: 29592. made available at the meeting, as well Petitions Received; Dispositions of Petitioner: Continental Airlines, Inc. as an assistive listening device, if Petitions Issued and Continental Micronesia Airlines, requested 10 calendar days before the Inc. meeting. AGENCY: Federal Aviation Section of the FAR Affected: 14 CFR If you are in need of assistance or Administration (FAA), DOT. 121.577(a). require a reasonable accommodation for

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Davis, Article 512 of the NAFTA, NATAP was size U.S. companies who are not trading Acting Assistant Executive Director, for Air developed by the three countries to internationally because they are Carrier Operations, Aviation Rulemaking experiment with standardized data, intimidated by the complex and Advisory Committee. advanced automation technologies, confusing trade process that currently [FR Doc. 99–26538 Filed 10–8–99; 8:45 am] communications, and encryption exists. Second, as each collection agreement BILLING CODE 4910±13±M designed to reduce costs and improve trade among the three NAFTA is established between a Federal agency/ countries. The NATAP also served as a branch and the ITDS, it is proposed that DEPARTMENT OF THE TREASURY proof of concept for many attributes for authority will be requested from OMB the International Trade Data System in accordance with the PRA as follows: Proposed Collection; Comment (ITDS) as defined in the National 1) unless exempted, all agency Request Performance Review (NPR) under collections of information are subject to initiative ‘‘IT 06’’ and as noted in the OMB review and approval regardless of AGENCY: International Trade Data ‘‘Access America’’ NPR report ‘‘A09’’ in the collection media or collection System Project Office, Treasury. which the Vice President designated technique (44 U.S.C. 3502(3); 5 CFR ACTION: Notice and request for NATAP to validate the International 1320.3(c)(1); 60 Federal Register 44978– comments. Trade Data System concept. In addition, 79 (August 29, 1995): 2) if two or more NATAP incorporated encryption and agencies are obtaining the same SUMMARY: As part of its continuing effort privacy as noted in NPR initiative information from the same respondents, to reduce paperwork and respondent ‘‘IT10.’’ the agencies should agree among burden and in accordance with the First, the ITDS, which will be totally themselves which agency will act as the Paperwork Reduction Act of 1995, electronic and incorporate elements of collecting agent for all of them; and 3) Public Law 104–13 (44 U.S.C. electronic commerce into government OMB may designate one of the agencies 3505(c)(2)(A)), the Department of the business, seeks OMB approval for the to be the collecting agency (44 U.S.C. Treasury invites the general public and project to move forward from the 3509 and 3510). In that regard, the ITDS other Federal agencies to comment on prototype environment through a pilot is the result of multi-agency cooperation continuation of this information collection phase, under OMB Control under the auspices of the National collection. Specifically, the Number 1505–0162, to: Performance Review and is designed as International Trade Data System (ITDS) • ‘‘Minimize the cost to the Federal a system that works across all functional Project Office within the Department of Government of the creation, collection, areas regarding international trade data the Treasury is soliciting comments maintenance, use, dissemination, and collection, processing, use, and storage. concerning the migration of the ITDS, disposition of international trade Eliminate Unnecessary Redundant using the lessons learned in the North information.’’ (35 U.S.C. 3501(1), (2), Data Collection—The ITDS project American Trade Automation Prototype and (5)); represents a significant stride to develop (NATAP), to an operational pilot. • ‘‘Ensure the integrity, quality, and a system for all of the Federal agencies DATES: Written comments should be utility of the Federal statistical system that collect, process, use, disseminate received on or before December 13, 1999 relating to international trade.’’ (35 information on international trade, and to be assured of consideration. U.S.C. 3501(9)); it eliminates unnecessary duplication of ADDRESSES: Direct all written comments • ‘‘Ensure information technology is data collections from the public. For to The Department of the Treasury, acquired, used, and managed to improve example, analyses conducted by the International Trade Data Systems performance of agency missions, ITDS office and matched against OMB Project Office, Attn: William Nolle, 1300 including the reduction of information records indicate that for public data Pennsylvania Ave. NW, Suite 4000, collection burdens on the public.’’(35 collection approved by the OMB for Washington, DC 20229, Telephone (202) U.S.C. 3501(10); international trade information, nearly 216–2760. • ‘‘Maximize practical utility, and 90% of the data provided to Federal FOR FURTHER INFORMATION CONTACT: eliminate unnecessary duplication of trade agencies are redundant. Requests for additional information or existing collections.’’ (Vice President If the pilot proves successful and is copies of the instructions should be Gore Implementation Memorandum, approved for implementation, as directed to The Department of the September 15, 1995); agencies are linked into the ITDS, the Treasury, International Trade Data • ‘‘Minimize Federal paperwork Federal government will be better able Systems Project Office, Attn.: William burden on respondents and the cost of to meet the Paperwork Reduction Act Nolle, 1300 Pennsylvania Ave. NW, the collection to multiple agencies.’’ objective to eliminate ‘‘unnecessary Suite 4000, Washington, DC 20229, (Vice President Gore Implementation duplication’’ meaning that information Telephone (202) 216–2760. Information Memorandum, September 15, 1995); similar to or corresponding to concerning the ITDS can also be • ‘‘Ensure the greatest possible public information that could serve the obtained at the following Web Site: benefit from and maximize the utility of agency’s purpose and need is already http//www.itds.treas.gov. information created, collected, accessible to the agency. SUPPLEMENTARY INFORMATION: maintained, used, shared and Data standardization and elimination Title: The International Trade Data disseminated by or for the Federal of hundreds of forms for data collections System (formerly North American Trade Government as contained in the currently approved by the Office of Automation Prototype). National Performance Review study IT– Information and Regulatory Affairs in OMB Number: 1505–0162. 06.’’ (Also cited in Access America, the Office of Management and Budget is Abstract: After extensive consultation Reengineering Through Information central to information exchange in the with the trade community in Canada, Technology, the National Performance ITDS and provides better government to

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Comments are invited on: Requests for additional information or ITDS pilot is based on phased (a) evaluate whether the proposed copies of the form(s) and instructions development and inter-agency collection of information is necessary should be directed to the Cash involvement in identifying resource for the proper performance of the Management Policy and Planning needs, identified to the inter-agency function of the agency, including Division, 401–14th Street, SW, Board of Directors. The ITDS will test whether the information and the Washington, DC 20227, (202) 874–6657. each information collection through a prototype will have practical utility; (b) SUPPLEMENTARY INFORMATION: Pursuant pilot program (44 U.S.C. the accuracy of the agency’s estimate of to the Paperwork Reduction Act of 1995, 3506(c)(1)(A)(v); 5 CFR 1320.8(a)(6)). the burden of the collection of (44 U.S.C. 3506(c)(2)(A)), the Financial The ITDS office through Memoranda of information; (c) ways to enhance the Management Service solicits comments Understandings will establish pilot quality, utility, and clarity of this on the collection of information collections. information to be collected; (d) ways to described below. Reduced Burden—A goal of the ITDS minimize the burden of information on Title: Resolution Authorizing is to reduce unnecessary paperwork respondents, including the use of Execution of Depositary, Financial burden on the American business automated collection techniques or Agency, and Collateral Agreement and community. As the ITDS evolves from other forms of information technology; Depositary, Financial Agency, and pilot to implementation, burden on U.S. (e) estimates of capital start-up costs and Collateral Agreement. costs of operation, maintenance, and businesses will be greatly reduced; both OMB Number: 1510–0067. purchase of services to provide because of the removal of unnecessary Form Number: FMS–5902 and FMS– information. duplication but also because the ITDS 5903. will to the extent possible utilize Dated: October 4, 1999. Abstract: These forms are used to give information that businesses use in the William L. Nolle, authority to financial institutions to course of their activities. International Trade Specialist, International become a depositary of the Federal Data Security—In the process of Trade Data System Project Office. Government. They also execute an assuring protection for confidentiality, [FR Doc. 99–26305 Filed 10–8–99; 8:45 am] agreement from the financial the ITDS and agencies will certify that BILLING CODE 4810±25±P institutions they are authorized to steps will be taken to safeguard the pledge collateral to secure public funds integrity of and the confidentiality of with Federal Reserve Banks or their information collected (5 CFR DEPARTMENT OF THE TREASURY designees. 1320.5(d)(2)(viii). Current Actions: Extension of Current Actions: This is a request to Fiscal Service currently approved collection. permit the United States Treasury Financial Management Service Type of Review: Regular. Department along with the Federal Affected Public: Business or other for- agencies participating in the ITDS to Proposed Collection of Information: profit institutions. collect the data for these pilots for a one Resolution Authorizing Execution of Estimated Number of Respondents: year period. Volunteers will be sought Depositary, Financial Agency, and 350 (2 forms ea.). to participate in the ITDS pilot in order Collateral Agreement and Depositary, Estimated Time Per Respondent: 30 to provide traders with the opportunity Financial Agency, and Collateral minutes (15 min. ea. form). to experiment with the advanced Agreement Estimated Total Annual Burden technologies and procedures with Hours: 175. minimal expense. Through their AGENCY: Financial Management Service, Comments: Comments submitted in evaluation of ITDS, they will have input Fiscal Service, Treasury. response to this notice will be into future trade processes, summarized and/or included in the requirements and the design, ACTION: Notice and request for request for Office of Management and development, and deployment of the comments. Budget approval. All comments will ITDS. become a matter of public record. SUMMARY: Type of Review: Extension. The Financial Management Comments are invited on: (a) Whether Affected Public: Importers, exporters, Service, as part of its continuing effort the collection of information is customs house brokers, and carriers to reduce paperwork and respondent necessary for the proper performance of who volunteer to participate in ITDS. burden, invites the general public and the functions of the agency, including Estimated Number of Respondents: other Federal agencies to take this whether the information shall have There are approximately 120 U.S. opportunity to comment on a practical utility; (b) the accuracy of the participants. continuing information collection. By agency’s estimate of the burden of the Estimated Time per Respondents: this notice, the Financial Management collection of information; (c) ways to Each response will not exceed 3.5 Service solicits comments concerning enhance the quality, utility, and clarity minutes. the form ‘‘Resolution Authorizing of the information to be collected; Estimated Total Annual Burden Execution of Depositary, Financial (d) ways to minimize the burden of Hours: 0 (No additional burden hours Agency, and Collateral Agreement’’ and the collection of information on required. Pilot removes the need for ‘‘Depositary, Financial Agency, and respondents, including through the use parallel processing as stated in original Collateral Agreement.’’ of automated collection techniques or notice of November 25, 1996. Pilot DATES: Written comments should be other forms of information technology; replaces burden hours for Customs received on or before December 13, and (e) estimates of capital or start-up document CF 3461–ALT 1515–0069.) 1999. costs and costs of operation,

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Shear, Internal Revenue DEPARTMENT OF THE TREASURY Comments: Comments submitted in Service, room 5244, 1111 Constitution response to this notice will be Avenue NW., Washington, DC 20224. Fiscal Service summarized and/or included in the FOR FURTHER INFORMATION CONTACT: request for Office of Management and Requests for additional information or Financial Management Service Budget approval. All comments will copies of the regulation should be become a matter of pubic record. directed to Carol Savage, (202) 622– Proposed Collection of Information: Comments are invited on: (a) Whether SM 3945, Internal Revenue Service, room Electronic Transfer Account (ETA ) the collection of information is 5242, 1111 Constitution Avenue NW., Financial Agency Agreement necessary for the proper performance of Washington, DC 20224. AGENCY: Financial Management Service, the functions of the agency, including SUPPLEMENTARY INFORMATION: Fiscal Service, Treasury. whether the information shall have Title: Miscellaneous Sections Affected practical utility; (b) the accuracy of the ACTION: Notice and request for by the Taxpayer Bill of Rights 2 and the agency’s estimate of the burden of the comments. Personal Responsibility and Work collection of information; (c) ways to Opportunity Reconciliation Act of 1996. SUMMARY: The Financial Management enhance the quality, utility, and clarity OMB Number: 1545–1356. Service, as part of its continuing effort of the information to be collected; (d) Regulation Project Number: REG– to reduce paperwork and respondent ways to minimize the burden of the 248770–96. burden, invites the general public and collection of information on Abstract: Under Internal Revenue other Federal agencies to take this respondents, including through the use Code section 7430 a prevailing party opportunity to comment on a of automated collection techniques or may recover the reasonable continuing information collection. By other forms of information technology; administrative or litigation costs this notice, the Financial Management and (e) estimates of capital or start-up incurred in an administrative or civil Service solicits comments concerning costs and costs of operation, proceeding that relates to the the form ‘‘ETASM Financial Agency maintenance and purchase of services to determination, collection, or refund of Agreement.’’ provide information. any tax, interest, or penalty. Section DATES: Written comments should be Dated: October 4, 1999. 301.7430–2(c) of the regulation provides that the IRS will not award received on or before December 13, Bettsy Lane, 1999. administrative costs under section 7430 Assistant Commissioner. unless the taxpayer files a written ADDRESSES: Direct all written comments [FR Doc. 99–26495 Filed 10–8–99; 8:45 am] request in accordance with the to Financial Management Service, BILLING CODE 4810±35±M requirements of the regulation. Programs Branch, Room 144, 3700 East- Current Actions: There is no change to West Highway, Hyattsville, MD 20782. this existing regulation. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY Type of Review: Extension of a Requests for additional information or currently approved collection. copies of the form(s) and instructions Internal Revenue Service Affected Public: Individuals or should be directed to the Director, Cash [REG±248770±96] households, business or other for-profit Management Policy and Planning organizations, not-for-profit institutions, Division, Financial Management Proposed Collection; Comment farms, and the Federal government. Service, 401—14th Street, SW, Request for Regulation Project Estimated Number of Respondents: Washington, DC 20227, (202) 874–6590. 38. SUPPLEMENTARY INFORMATION: Pursuant AGENCY: Internal Revenue Service (IRS), Estimated Time Per Respondent: 2 to the Paperwork Reduction Act of 1995 Treasury. hours, 16 minutes. (44 U.S.C. 3506(c)(2)(A)), the Financial ACTION: Notice and request for Estimated Total Annual Burden Management Service solicits comments comments. Hours: 86. on the collection of information The following paragraph applies to all described below. SUMMARY: The Department of the of the collections of information covered Title: ETASM Financial Agency Treasury, as part of its continuing effort by this notice: Agreement. to reduce paperwork and respondent An agency may not conduct or OMB Number: 1510–0073. burden, invites the general public and sponsor, and a person is not required to Form Number: FMS–111. other Federal agencies to take this respond to, a collection of information Abstract: This agreement is necessary opportunity to comment on proposed unless the collection of information to collect information on the number of and/or continuing information displays a valid OMB control number. ETAsSM that are opened and closed on collections, as required by the Books or records relating to a collection a monthly basis for purposes of payment Paperwork Reduction Act of 1995, of information must be retained as long of account set up fees to financial Public Law 104–13 (44 U.S.C. as their contents may become material institutions providing ETAsSM and for 3506(c)(2)(A)). Currently, the IRS is in the administration of any internal general program evaluation. soliciting comments concerning an revenue law. Generally, tax returns and Current Actions: Extension of existing final regulation, REG–248770– tax return information are confidential, currently approved collection. 96 [TD 8725], Miscellaneous Sections as required by 26 U.S.C. 6103.

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Request for Comments: whether the information shall have other forms of information technology; practical utility; (b) the accuracy of the and (e) estimates of capital or start-up Comments submitted in response to agency’s estimate of the burden of the costs and costs of operation, this notice will be summarized and/or collection of information; (c) ways to maintenance, and purchase of services included in the request for OMB to provide information. approval. All comments will become a enhance the quality, utility, and clarity matter of public record. of the information to be collected; (d) Approved: October 5, 1999. ways to minimize the burden of the Comments are invited on: (a) Whether Garrick R. Shear, the collection of information is collection of information on IRS Reports Clearance Officer. necessary for the proper performance of respondents, including through the use [FR Doc. 99–26581 Filed 10–8–99; 8:45 am] of automated collection techniques or the functions of the agency, including BILLING CODE 4830±01±P

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DEPARTMENT OF HEALTH AND for the purpose of conducting projects produce changes in the target HUMAN SERVICES designed to create employment and population and/or the environment business opportunities for certain low- and that can be formally evaluated. Administration for Children and income individuals. For example, assistance in the Families The Personal Responsibility and Work preparation of a business plan and [Program Announcement No. OCS 2000±02] Opportunity Reconciliation Act of 1996, loan package are planned Public Law 104–193, reauthorized interventions. Request for Applications for the Office Section 505 of the Family Support Act —Job creation: To bring about, by of Community Services' Fiscal Year of 1988. The Act also amended certain activities and services funded under 2000 Job Opportunities for Low- subsections of Section 505 of the Family this program, new jobs, that is, jobs Income Individuals Program Support Act of 1988 to be effective July that were not in existence before the 1, 1997. start of the project. These activities AGENCY: Administration for Children can include self-employment/micro- B. Definitions of Terms and Families (ACF), DHHS. enterprise training, the development ACTION: Announcement of availability of For purposes of this Program of new business ventures or the funds and request for applications Announcement, the following expansion of existing businesses. under the Office of Community definitions apply: —Non-profit organization: Any Services’ FY 2000 Job Opportunities for —Budget period: The interval of time organization (including a community Low-Income Individuals (JOLI) Program. into which a multi-year period of development corporation) exempt assistance (project period) is divided from taxation under section 501(a) of SUMMARY: The Administration for for budgetary and funding purposes. the Internal Revenue Code of 1986 by Children and Families (ACF), Office of —Community-level data: Key reason of paragraph (3) or (4) of Community Services (OCS), announces information to be collected by each section 501(c) of such code. that, based on availability of funds, grantee that will allow for a national- —Non-traditional employment for competing applications will be accepted level analysis of common features of women or minorities: Employment in for new grants pursuant to the JOLI projects. This consists of data on an industry or field where women or Secretary’s discretionary authority the population of the target area, minorities currently make up less under section 505 of the Family Support including the percentage of TANF than twenty-five percent of the work Act of 1988, as amended. recipients and others on public force. Closing Date: To be considered for assistance, and the percentage whose —Outcome evaluation: An assessment funding, applications must be incomes fall below the poverty line; of project results as measured by postmarked on or before January 14, the unemployment rate; the number collected data which define the net 2000. Detailed application submission of new business starts and business effects of the interventions applied in instructions, including the addresses to closings; and a description of the the project. An outcome evaluation which applications must be submitted, major employers and average wage will produce and interpret findings are found in Part V–B, Application rates and employment opportunities related to whether the interventions Submission. with those employers. produced desirable changes and their —Community development corporation: potential for replicability. It should FOR FURTHER INFORMATION CONTACT: A private, nonprofit entity, governed answer the question: Did this program Administration for Children and by a board of directors consisting of work? Families, Office of Community Services, low-income residents of the —Private employers: Third-party non- 370 L’Enfant Promenade SW., community and business, civic profit organizations or third-party for- Washington, DC 20447. Contact: Nolan leaders, that has as a principal profit businesses operating or Lewis (202) 401–5282, Linda Bunn (202) purpose, planning, developing, or proposing to operate in the same 401–5324, Aleatha Slade (202) 401– managing community economic community as the applicant and 5317. In addition, this Notice is development projects. which are proposed or potential accessible on the OCS WEBSITE for —Hypothesis: An assumption made in employers of project participants. reading or downloading at: order to test its validity. It should —Process evaluation: The ongoing www.acf.dhhs.gov/programs/ocs/ assert a cause-and-effect relationship examination of the implementation of kits1.htm. between a program intervention and a program. It focuses on the If this Program Announcement is not its expected result. Both the effectiveness and efficiency of the available at these sources, it may be intervention and result must be program’s activities and interventions obtained by telephoning or writing the measured in order to confirm the (for example, methods of recruiting office listed under FOR FURTHER hypothesis. For example, the participants, quality of training INFORMATION CONTACT above. following is a hypothesis: ‘‘Eighty activities, or usefulness of follow-up The Catalog of Federal Domestic hours of classroom training in small procedures). It should answer Assistance number for this program is business planning will be sufficient questions such as: Who is receiving ‘‘93.593’’. The title is ‘‘Job Opportunities for participants to prepare a what services? and are the services for Low-Income Individuals (JOLI) successful loan application.’’ In this being delivered as planned? It is also Program’’. example, data would be obtained on known as formative evaluation Part I—Preamble the number of hours of training because it gathers information that actually received by participants (the can be used as a management tool to A. Legislative Authority intervention), and the quality of loan improve the way a program operates Section 505 of the Family Support Act applications (the result), to determine while the program is in progress. It of 1988, Public Law 100–485, as the validity of the hypothesis (that should also identify problems that amended, authorizes the Secretary of eighty hours of training is sufficient to occurred and how they were dealt HHS to enter into agreements with non- produce the result). with and recommend improved profit organizations (including —Intervention: Any planned activity means of future implementation. It community development corporations) within a project that is intended to should answer the question: ‘‘How

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was the program carried out?’’ In are receiving TANF or its equivalent Given the limited funds available for concert with the outcome evaluation, under State auspices; those who are the JOLI program, applicants should it should also help explain, ‘‘Why did unemployed; those residing in public make a realistic assessment of the time this program work/not work?’’ and housing or receiving housing assistance; and funds needed to achieve the goals ‘‘What worked and what did not?’’ non-custodial parents, and those who set forth in their proposal, and design a —Program participant/beneficiary: An are homeless. work program and budget accordingly. individual eligible to receive The grant request should be for an Temporary Assistance for Needy Part II—Background Information and Program Requirements amount, up to a maximum of $500,000, Families under Title I of the Personal needed to implement that part of the Responsibility and Work Opportunity A. Eligible Applicants project plan supported by OCS funds, Reconciliation Act of 1996 (Part A of Organizations eligible to apply for taking into consideration other cash and Title IV of the Social Security Act) funding under this program are any in-kind resources mobilized by the and any other individual whose applicant in support of the proposed income level does not exceed 100 non-profit organizations (including community development corporations) project. (See Paragraph D, below, percent of the official poverty line as Mobilization of Resources, and Part IV, found in the most recent revision of that are exempt from taxation under section 501(a) of the Internal Revenue Element VI, Budget Appropriateness the Poverty Income Guidelines and Reasonableness.) published by the Department of Code of 1986 by reason of paragraph (3) Health and Human Services. (See or (4) of section 501(c) of such Code. C. Availability of Funds and Grant Applicants must provide Attachment A.) Amounts —Project period: The total time a project documentation of their tax exempt is approved for support, including status. The applicant can accomplish All grant awards are subject to the any extensions. this by providing a copy of the availability of appropriated funds. It is —Self-sufficiency: A condition where an applicant’s listing in the Internal anticipated that approximately individual or family, by reason of Revenue Service’s (IRS) most recent list $5,500,000 will be available in FY 2000 employment, does not need and is not of tax-exempt organizations described in for JOLI. OCS estimates that eligible for public assistance. section 501(c)(3) of the IRS code or by approximately $5,000,000 will be —Third party: Any individual, providing a copy of the currently valid available for new grants and the organization, or business entity that is IRS tax exemption certificate. Failure to remaining $500,000 will be set aside for not the direct recipient of grant funds. provide evidence of section 501(c)(3) or the national JOLI contract. The 1996 —Third party agreement: A written (4) tax exempt status will result in amendments to the JOLI authorizing agreement entered into by the grantee rejection of the application. legislation also deleted the limitation on and an organization, individual or Applicants that have applied to IRS the number of grants to be made in any business entity (including a wholly- for certification as a 501(c) (3) or (4) tax one fiscal year. Thus, the Office of owned subsidiary), by which the exempt organization must provide Community Services expects to award grantee makes an equity investment or documentation that their application is up to 10 new grants by September 30, a loan in support of grant purposes. currently pending IRS determination. 2000, based on the amounts requested —Third party in-kind contributions: The However, applicant must have status at and contingent on the availability of value of non-cash contributions time of award. funds. Grants of up to $500,000 in OCS provided by non-federal third parties B. Project and Budget Periods funds for project periods and budget which may be in the form of real periods of up to three years will be The Personal Responsibility and Work property, equipment, supplies and awarded to selected organizations under Opportunity Reconciliation Act of 1996, other expendable property, and the this program in FY 2000. value of goods and services directly Public Law 104–193, reauthorized and benefitting and specifically modified Section 505 of the Family D. Mobilization of Resources identifiable to the project or program. Support Act of 1988, the JOLI authorizing legislation. Among the OCS will give favorable consideration C. Purpose modifications effected was the deletion in the review process to applicants who The purpose of this program is to of sub-section (e), which had mobilize cash and/or third-party in-kind demonstrate and evaluate ways of legislatively mandated project duration. contributions for direct use in the creating new employment and business Applicants are therefore free to apply project. The firm commitment of these opportunities for certain low-income for projects of from one to three years’ resources must be documented and individuals through the provision of duration, depending on the proposed submitted with the application in order technical and financial assistance to work program and the applicant’s to be given credit in the review process private employers in the community, assessment of the time required to under the Public-Private Partnerships self-employment/micro-enterprise achieve the proposed project goals. OCS program element. Except in unusual programs, and/or new business has made the programmatic situations, this documentation must be development programs. A low-income determination that the nature of job in the form of letters of commitment individual eligible to participate in a creation and career development from the organization(s)/individual(s) project conducted under this program is projects which meet the funding criteria from which resources will be received. any individual eligible to receive set forth in this Announcement is such Even though there is no matching Temporary Assistance for Needy that it is not feasible to divide funding requirement for the JOLI Program, Families (TANF) under Part A of Title into 12-month increments, and that grantees will be held accountable for IV of the Social Security Act, as completion of the entire project is in any match, cash or in-kind contribution amended, or any other individual whose each case necessary to achieve the proposed or pledged as part of an income level does not exceed 100 purposes of the JOLI program. approved application. (See Part IV, percent of the official poverty line. (See Consequently, budget periods for grants Element V, and Part VI, B., Instructions Attachment A.) Within these categories, under this Announcement may be up to for Completing the SF–424A, Section C, emphasis should be on individuals who three years. Non-Federal Resources)

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E. Program Participants/beneficiaries applicant will be funded by OCS from promote job and business opportunities Projects proposed for funding under FY 2000 JOLI funds pursuant to this for eligible program participants and this Announcement must result in Announcement. impact the overall economic environment. direct benefits to low-income people or H. Re-funding OCS will only fund projects that persons at or below the poverty line, as OCS will not re-fund a previously defined in the most recently published create new employment and/or business funded grantee to carry out the same opportunities for eligible program Poverty Income Guidelines and work plan in the same target area. individuals eligible to receive TANF participants. That is, new full-time under Part A of Title IV of the Social I. Sub-contracting or Delegating Projects permanent jobs through the expansion of a pre-identified business or new Security Act, as amended. An applicant will not be funded business development, or by providing Attachment A to this Announcement where the proposal indicates that the opportunities for self-employment. In is an excerpt from the guidelines applicant if funded will serve as a addition, projects should enhance the currently in effect. Annual revisions of straw-party, that is, act as a mere these guidelines are normally published conduit of funds to a third party without participants’ capacities, abilities and in the Federal Register in February or performing a substantive role itself. This skills and thus contribute to their early March of each year. Grantees will prohibition does not bar sub-contracting progress toward self-sufficiency. be required to apply the most recent or sub-awarding for specific services or With national welfare reform a reality, guidelines throughout the project activities needed to conduct the project. and many States already implementing period. These revised guidelines also ‘‘welfare-to-work’’ programs, the need may be obtained at public libraries, J. Maintenance of Effort for well-paying jobs with career Congressional offices, or by writing the The application must include an potential for TANF recipients becomes Superintendent of Documents, U.S. assurance that activities funded under ever more pressing. In this context, the Government Printing Office, this Program Announcement are in role of JOLI as a vehicle for exploring Washington, D.C. 20402. addition to, and not in substitution for, new and promising areas of No other government agency or activities previously carried out without employment opportunity for the poor is privately-defined poverty guidelines are Federal assistance. (See Part VII–A. 9 more important than ever. applicable for the determination of low- and Attachment M.) Within the JOLI Program framework of job creation through new or income eligibility for this program. Part III—Application Requirements expanding businesses or self- and Priority Areas F. Prohibition and Restrictions on the employment, OCS would welcome Use of Funds A. Program Focus proposals offering business or career The use of funds for new construction The Congressional Conference Report opportunities to eligible participants in or the purchase of real property is on the 1992 appropriations for the a variety of fields. For instance, these prohibited. Costs incurred for the Department of Labor, Health and might include day care and rearrangement and alteration of facilities Human Services, and Education and transportation, which are not only required specifically for the grant related agencies directed the ACF to opportunities for employment, but program are allowable when specifically require economic development when not available can be serious approved in advance by ACF in writing. strategies as part of the application barriers to employment for TANF If the applicant is proposing a project process to ensure that highly qualified recipients; environmental justice which will affect a property listed in, or organizations participate in the initiatives involving activities such as eligible for inclusion in the National demonstration [H.R. Conf. Rep. No. 282, toxic waste clean-up, water quality Register of Historic Places, it must 102d Cong., 1st Sess. 39 (1991)]. management, or Brownfields identify this property in the narrative Priority will be given to applications remediation; health-related jobs such as and explain how it has complied with proposing to serve those areas home health aides or medical support the provisions of Section 106 of the containing the highest percentage of services; and non-traditional jobs for National Historic Preservation Act of individuals receiving Temporary women and minorities. 1966 as amended. If there is any Assistance to Needy Families (TANF) B. Creation of Jobs and Employment question as to whether the property is under Title IV–A of the Social Security Opportunities listed in or eligible for inclusion in the Act, as amended. National Register of Historic Places, the While projected employment in future The requirement for creation of new, applicant should consult with the State years may be included in the full-time permanent employment Historic Preservation Officer. (See application, it is essential that the focus opportunities (jobs) applies to all Attachment D: SF–424B, Item 13 for of the project concentrate on the applications. OCS has determined that additional guidelines.) The applicant creation of new full-time, permanent the creation of non-traditional job should contact OCS early in the jobs and/or new business development opportunities for women or minorities development of its application for opportunities for TANF recipients and in industries or activities where they instructions regarding compliance with other low-income individuals during currently make up less than twenty-five the Act and data required to be the duration of the grant project period. percent of the work force meets the submitted to the Department of Health OCS is particularly interested in requirements of the JOLI legislation for and Human Services. Failure to comply receiving innovative proposals that the creation of new employment with the cited Act will result in the grow out of the experience and opportunities. OCS continues to solicit application being ineligible for funding creativity of applicants and the needs of other JOLI applications to propose the consideration. their clientele and communities. creation of jobs through the expansion Applicants should include strategies of existing businesses, the development G. Multiple Submittals which seek to integrate projects of new businesses, or the creation of Due to the limited amount of funds financed and jobs created under this employment opportunities through self- available under this program, only a program into a larger effort of broad employment/ microenterprise single proposal from any one eligible community revitalization which will development.

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Proposed projects must show that the she can participate in the final design of Too many low-income parents are jobs and/or business/self employment the program, in order to assure that data without jobs or resources needed to opportunities to be created under this necessary for the evaluation will be support their children. A particular program will contribute to achieving collected and available. focus of these partnerships will be to self-sufficiency among the target assist low-income, non-custodial E. Economic Development Strategy population. The employment parents of children receiving Temporary opportunities should provide hourly As noted in A. above, the Congress, in Assistance for Needy Families to wages that exceed the minimum wage the Conference Report on the FY 1992 achieve a degree of self-sufficiency that and also provide benefits such as health appropriation, directed ACF to require will enable them to provide support that insurance, child care, and career economic development strategies as part will free their families of the need for development opportunities. of the application process for JOLI to such assistance.’’ ensure that highly qualified Accordingly, a rating factor and a C. Cooperative Partnership Agreement organizations participate in the review criterion have been included in With the Designated Agency demonstration. Accordingly, applicants this Program Announcement which will Responsible for the Temporary must include in their proposal an award two points to applicants who Assistance for Needy Families (TANF) explanation of how the proposed project have entered into partnership Program is integrated with and supports a larger agreements with their local CSE agency A formal, cooperative relationship economic development strategy within to provide for referrals to their project between the applicant and the the target community. Where in accordance with provisions of the designated State agency responsible for appropriate, applicants should OCS-OCSE MOU. (See Part IV, Sub- administering the Temporary Assistance document how they were involved in Element III (c)) for Needy Families (TANF) program (as the preparation and planned provided for under Title IV–A of the implementation of a comprehensive H. Technical Assistance to Employers Social Security Act, as amended,) in the community-based strategic plan, such as Technical assistance should be area served by the project is a that required for applying for specifically addressed to the needs of requirement for funding. The Empowerment Zones/Enterprise the private employer in creating new application must include a signed, Community (EZ/EC) status, to achieve jobs to be filled by eligible individuals written agreement between the both economic and human development and/or to the individuals themselves in applicant and the designated State in an integrated manner, and how the areas such as job-readiness, literacy and agency responsible for administering the proposed project supports the goals of other basic skills training, job TANF program, or a letter of that plan. (See Part IV, Sub-Element III preparation, self-esteem building, etc. commitment to such an agreement (b).) Financial assistance may be provided to within 6 months of a grant award the private employer as well as to the F. Training and Support for Micro- (contingent only on receipt of OCS individual. funds). The agreement must describe the Business Development If the technical and/or financial cooperative relationship, including In the case of proposals for creating assistance is to be provided to pre- specific activities and/or actions each of self-employment micro-business identified businesses that will be these entities propose to carry out over opportunities for eligible participants, expanded or franchised, written the course of the grant period in support the applicant must detail how it will commitments from the businesses to of the project. provide training and support services to create the planned jobs must be The agreement, at a minimum, must potential entrepreneurs. The assistance included with the application. cover the specific services and activities to be provided to potential that will be provided to the target entrepreneurs must include, at a I. Applicant Experience and Cost-Per- population. (See Attachment I for a list minimum: (1) Technical assistance in Job of the State IV–A agencies administering basic business planning and In the review process, favorable TANF.) management concepts; (2) assistance in consideration will be given to applicants with a demonstrated record D. Third-Party Project Evaluation preparing a business plan and loan application; and (3) access to business of achievement in promoting job and Proposals must include provision for loans. enterprise opportunities for low-income an independent, methodologically people. Favorable consideration also sound evaluation of the effectiveness of G. Support for Noncustodial Parents will be given to those applicants who the activities carried out with the grant The Office of Community Services show the lowest cost-per-job created for and their efficacy in creating new jobs and the Office of Child Support low-income individuals. For this and business opportunities. There must Enforcement, both in the program, OCS views $15,000 in OCS be a well-defined process evaluation, Administration for Children and funds as the maximum amount for the and an outcome evaluation whose Families, signed a Memorandum of creation of a job and, unless there are design will permit tracking of project Understanding (MOU) to foster and extenuating circumstances, will not participants throughout the proposed enhance partnerships between OCS fund projects where the cost-per-job in project period. The evaluation must be grantees and local Child Support OCS funds exceeds this amount. Only conducted by an independent evaluator, Enforcement (CSE) agencies. (See those jobs created and filled by low- i.e., a person with recognized evaluation Attachment N for the list of CSE State income people will be counted in the skills who is organizationally distinct Offices that can identify local CSE cost-per-job formula. (See Part IV, Sub- from, and not under the control of, the agencies). In the words of the MOU: Element III (d)) applicant. It is important that each ‘‘The purpose of these partnerships successful applicant have a third-party will be to develop and implement J. Loan Funds evaluator selected, and performing at innovative strategies in States and local The creation of a revolving loan fund the very latest by the time the work communities to increase the capability with funds received under this program program of the project is begun, and if of low-income parents and families to is an allowable activity. However, OCS possible before that time so that he or fulfill their parental responsibilities. encourages the use of funds from other

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Business Plans A third party agreement covering a expenditure of grant funds loaned to or Where applicant is proposing the loan transaction must contain, at a invested in the third party and grant development and start-up of a new minimum, the following information: objectives as specified in the agreement business or the expansion of an existing 1. Purpose(s) for which the loan is and will provide the grantee and HHS business, a Business Plan that follows being made; access to that documentation. the outline in Attachment L to this 2. Rates of interest and other fees; If a signed third party agreement is Announcement must be submitted as an 3. Terms of loan; not available when the application is appendix to the proposal. 4. Repayment schedules; submitted, the applicant must submit as part of the narrative as much of the L. Dissemination of Project Results 5. Collateral security; and 6. Default and collection procedures. above-mentioned information as Applications should include a plan All third party agreements must possible in order to enable reviewers to for disseminating the results of the include written commitments as evaluate the proposal. It should be project after expiration of the grant follows: noted that that portion of a grant which will be used to fund a third party period. Applicants may budget up to From the third party (as appropriate): $2,000 for dissemination purposes. agreement will not be released until the Final Project Reports should include a 1. A minimum of 75% of the jobs to agreement has been approved by OCS. be created as a result of the injection of description of dissemination activities Part IV—Application Elements and with copies of any materials produced. grant funds will be filled by low-income individuals; Review Criteria M. General Projects 1.0 and Community 2. The grantee will have the right to Applications that pass the pre-rating Development Corporations Set-Aside 2.0 screen applicants for jobs to be filled by review will be assessed and scored by All grant awards are subject to the low-income individuals and to verify reviewers. Each reviewer will give a availability of appropriated funds. The their eligibility; numerical score for each application Office of Community Services expects to 3. If the grantee’s equity investment reviewed. These numerical scores will award approximately $5 million by no equals 25% or more of the business’s be supported by explanatory statements later than September 30, 2000 for new assets, the grantee will have on a formal rating form describing major grants under this announcement: representation on the board of directors; strengths and weaknesses under each approximately $4 million for General 4. Reports will be made to the grantee applicable criterion published in the Projects 1.0, and up to $1 million for regarding the use of grant funds no less Announcement. CDC Set-Aside Projects 2.0. (For than on a quarterly basis; The in-depth assessment and review definition of Community Development 5. A procedure will be developed to process will use the following criteria Corporation, See Part I, Section B) assure that there are no duplicate counts coupled with the specific requirements The same purposes, requirements and of jobs created; and described in Part III. Scoring will be prohibitions are applicable to proposals 6. Detailed information will be based on a total of 100 points. submitted under both General Projects provided on how the grant funds will be The ultimate goals of the project to be 1.0 and Community Development used by the third party by submitting a funded under the JOLI Program are: (1) Corporations Set-Aside 2.0. Source and Use of Funds Statement. In To achieve, through project activities Applications for the set-aside funds that addition, the agreement must provide and interventions, the creation of are not funded due to the limited details on how the grantee will provide employment opportunities for TANF amount of funds available will also be support and technical assistance to the recipients and other low-income considered competitively within the third party in areas of recruitment and individuals which can lead to economic larger pool of eligible applicants. retention of low-income individuals. self-sufficiency of members of the From the grantee: communities served; (2) to evaluate the N. Third Party Agreements effectiveness of these interventions and Detailed information on how the Any applicant submitting a proposal of the project design through which they grantee will provide support and for funding who proposes to use some were implemented; and (3) thus to make technical assistance to the third party in or all of the requested OCS funds to possible the replication of successful areas of recruitment and retention of enter into a third party agreement in programs. OCS intends to make the low-income individuals. order to make an equity investment awards of all the above grants on the (such as the purchase of stock) or a loan All third party agreements should be basis of brief, concise applications. The to an organization, or business entity accompanied by: elements and format of these (including a wholly-owned subsidiary), 1. A signed statement from a Certified applications, along with the review must include in the application, along or Licensed Public Accountant as to the criteria that will be used to evaluate with the business plan, a copy of the sufficiency of the third party’s financial them, will be outlined in this Part. signed third party agreement for management system in accordance with In order to simplify the application approval by OCS. 45 CFR part 74, to protect adequately preparation and review process, OCS A third party agreement covering an any federal funds awarded under the seeks to keep grant proposals cogent and equity investment must contain, at a application; brief. Applications with project minimum, the following: 2. Financial statements for the third narratives (excluding appendices) of 1. The type of equity transaction (e.g. party organization for the prior three more than 30 letter-sized pages of 12 stock purchase); years (If not available because the characters per inch (c.p.i.) type or

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In They should, furthermore, build their application should note and justify the the following paragraphs, a framework project concept, plans, and application priority that this project will have is described that suggests a way to description upon the guidelines set within the agency, including the present a project so as to show the logic forth for each of the project elements. facilities and resources that it has of the cause-effect relations between For each of the Project Elements or available to carry it out. project activities and project results. Sub-Elements below, there is, at the end It is suggested that applicants use no Applicants don’t have to use the exact of the discussion, a suggested number of more than 2 pages for this Sub-Element. language described; but it is important pages to be devoted to the particular to present the project in a way that Note: The maximum number of points will makes clear the cause-effect relationship element or sub-element. These are be given only to those organizations with a suggestions only; but the applicant must demonstrated record of achievement in between what the project plans to do remember that the overall Project promoting job creation and enterprise and the results it expects to achieve. Narrative cannot be longer than 30 opportunities for low-income people. Sub-Element II (a)—Description of pages. Sub-Element I (b)—Staff Skills, Target Population, Analysis of Need, The competitive review of proposals and Project Assumptions will be based on the degree to which Resources and Responsibilities applicants incorporate each of the (Weight of 0–10 points in proposal (Weight of 0–10 points in application Elements and Sub-Elements below into review) review) The project design or plan should their proposals, so as to: The application must identify the two begin with identifying the underlying 1. Describe convincingly a project that or three individuals who will have the assumptions about the program. These will develop new employment or key responsibility for managing the are the beliefs on which the proposed business opportunities for TANF project, coordinating services and program is built. These assumptions recipients and other low income activities for participants and partners, include: The needs of the population to individuals that can lead to a transition and for achieving performance targets. be served; the current services available from dependency to economic self- The focus should be on the to that population, and where and how sufficiency; qualifications, experience, capacity and 2. Propose a realistic budget and time they fail to meet their needs; why the commitment to the program of the proposed services or interventions are frame for the project that will support executive officials of the organization the successful implementation of the appropriate and will meet those needs; and the key staff persons who will and the impact the proposed work plan to achieve the project’s goals administer and implement the project. in a timely and cost effective manner; interventions will have on the project The person identified as project director participants. and should have supervisory experience, 3. Provide for the testing and In other words, the underlying experience in finance and business, and assumptions of the program are the evaluation of the project design, experience with the target population. implementation, and outcomes so as to applicant’s analysis of the needs and Because this is a demonstration project problems to be addressed by the project, make possible replication of a within an already-established agency, successful program. and the applicant’s theory of how its OCS expects that the key staff person(s) proposed interventions will address Element I—Organizational Experience would be identified, if not hired. those needs and problems to achieve the in Program Area and Staff Skills, The application must also include a desired result. Thus a strong application Resources and Responsibilities resume of the third party evaluator, if is based upon a clear description of the identified or hired; or the minimum needs and problems to be addressed and Sub-Element I (a)—Agency’s Experience qualifications and position description and Commitment in Program Area a persuasive understanding of the for the third-party evaluator, who must causes of those problems. (Weight of 0–10 points in proposal be a person with recognized evaluation In this sub-element of the proposal, review) skills who is organizationally distinct the applicant must precisely identify the Applicants should cite their from, and not under the control of, the target population to be served. The organization’s capability and relevant applicant. (See Element IV, Project geographic area to be impacted should experience in developing and operating Evaluation, below, for fuller discussion then be briefly described, citing the programs which deal with poverty of evaluator qualifications.) percentage of residents who are low- problems similar to those to be Actual resumes of key staff and income individuals and TANF addressed by the proposed project. They position descriptions should be recipients, as well as the unemployment should also cite the organization’s included in an Appendix to the rate and other data that are relevant to experience in collaborative proposal. the project design. programming and operations which It is suggested that applicants use no The application should include an involve evaluations and data collection. more than 3 pages for this Sub-Element. analysis of the identified personal Applicants should identify agency barriers to employment, job retention Element II: Project Theory, Design, and executive leadership in this section and and greater self-sufficiency faced by the Plan briefly describe their involvement in the population to be targeted by the project. proposed project and provide assurance OCS seeks to learn from the (These might include such problems as of their commitment to its successful application why and how the project as illiteracy, substance abuse, family implementation. proposed is expected to lead to the violence, lack of skills training, health The application should include creation of new employment or medical problems, need for childcare, documentation that briefly summarizes opportunities for low-income lack of suitable clothing or equipment, two similar projects undertaken by the individuals, which can lead to or poor self-image.) The application

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For example, a job readiness extent to which the application makes a transportation; lack of markets; training program might be expected to convincing case that the activities to be unavailability of financing, insurance or result in clients having increased undertaken will lead to the projected bonding; inadequate social service knowledge of how to apply for a job, results. (employment service, child care, job improved grooming for job interviews, It is suggested that applicants use no training); high incidence of crime; and improved job interview skills; or more than 4 pages for this Sub-Element. inadequate health care; or business training and training in environmental hazards (such as toxic bookkeeping and accounting might be Sub-Element II (c)—Work Plan dumpsites or leaking underground expected to result in project participants (Weight of 0–10 points in proposal tanks). Applicants should be sure not to making an informed decision about review) overlook the personal and family whether they were suited for Once the project strategy and design services and support that might be entrepreneurship. framework is established, the applicant needed by project participants after they At the next level are the intermediate should present the highlights of a work are on the job which will enhance job outcomes, which result from these plan for the project. The plan should retention and advancement. If the jobs immediate changes. Often an explicitly tie into the project design to be created by the proposed project are intermediate project outcome is the framework and should be feasible, i.e., themselves designed to fill one or more result of several immediate changes capable of being accomplished with the of the needs, or remove one or more of resulting from a number of related resources, staff, and partners available. the barriers so identified, this fact interventions such as training and The plan should briefly describe the key counseling. Intermediate outcomes should be highlighted in the discussion, project tasks and show the timelines should be expressed in measurable e.g., jobs in childcare, health care, or and major milestones for their changes in knowledge, attitudes, transportation. implementation. Critical issues or It is suggested that applicants use no behavior, or status/condition. In the potential problems that might affect the more than 4 pages for this Sub-Element. above examples, the immediate changes achievement of project objectives achieved by the job readiness program, Sub-Element II (b)—Project Strategy and should be explicitly addressed, with an coupled with technical assistance to an Design: Interventions, Outcomes, and explanation of how they would be employer in the expansion of a Goals overcome, and how the objectives will business, could be expected to lead to be achieved notwithstanding any such (Weight of 0–10 points in proposal intermediate outcomes of creation of review) new job openings and the participant problems. The plan should be presented The work plan must describe the applying for a job with the company. in such a way that it can be correlated proposed project activities, or The acquisition of business skills, with the budget narrative included interventions, and explain how they are coupled with the establishment of a earlier in the application. expected to result in outcomes which loan fund, could be expected to result Applicants may be able to use a will meet the needs of the program in the actual decision to go into a simple Gantt or time line chart to participants and assist them to particular business venture or seek the convey the work plan in minimal space. overcome the identified personal and alternative track of pursuing job The application contains a full and systemic barriers to employment, job readiness and training. accurate description of the proposed use retention, and self-sufficiency. In other Finally, the application should of the requested financial assistance. words, what will the project staff do describe how the achievement of these If the applicant proposes to make an with the resources provided to the intermediate outcomes will be expected equity investment or a loan to an project and how will what they do to lead to the attainment of the project individual, organization, or business (interventions) assist in creating and goals: employment in newly created entity (including a wholly-owned sustaining employment and business jobs, new careers in non-traditional jobs, subsidiary), the applicant must include: opportunities for program participants successful business ventures, or A signed third party agreement; a signed in the face of the needs and problems employment in an expanded business, statement by a Certified or Licensed that have been identified. depending on the project design. Public Accountant as to the sufficiency The underlying assumptions Applicants must remember that if the of the third party’s financial concerning client needs and the theory major focus of the project is to be the management system; and financial of how they can be effectively development and start-up of a new statements for the third party’s prior addressed, which are discussed above, business or the expansion of an existing three years of operation. (If newly lead in the project design to the conduct business, then a Business Plan which formed and unable to provide the of a variety of project activities or follows the outline in Attachment L to information regarding the prior three interventions, each of which is assumed this announcement must be submitted years of operation, a statement to that to result in immediate changes, or as an Appendix to the Proposal. (See effect should be included.) If the outcomes. Part III K) applicant states that an agreement is not The immediate changes lead to Applicants do not have to use the currently in place, the application must intermediate outcomes; and the exact terminology described above, but contain in the narrative as much intermediate outcomes lead to the it is important to describe the project in information required for third party attainment of the final project goals. a way that makes clear the expected agreement as is available. The applicant should describe the cause-and-effect relationship between Also, if the project proposes the major activities, or interventions, which what the project plans to do—the development of a new or expanding are to be carried out to address the activities or interventions, the changes business, service, physical or needs and problems identified in Sub- that are expected to result, and how commercial activity, the application Element II (a); and should discuss the those changes will lead to attainment of must address applicable elements of a

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It must include are characterized by conditions of independent reviewers identify extenuating for the applicant and the third party, if extreme poverty and other indicators of circumstances related to business development activities, or high wage levels appropriate, the following exhibits for socio-economic distress such as a and living costs such as in Hawaii or Alaska, the first three years (on a quarterly poverty rate of at least 20%, designation the maximum number of points will be given basis) of the business’ operations: Profit as an Empowerment Zone or Enterprise only to those applicants proposing cost-per- and Loss Forecasts, Cash Flow Community, high levels of violence, job created estimates of $5,000 or less of OCS Projections, and Proforma Balance gang activity or drug use; and who requested funds. Higher cost-per-job Sheets. Based on these documents, the document that in response to these estimates will receive correspondingly fewer application must also contain an conditions they have been involved in points. analysis of the financial feasibility of the the preparation and planned It is suggested that applicants use no project. Also, a Source and use of Funds implementation of a comprehensive more than 1 page for this Sub-Element. community-based strategic plan to statement for all project funding must be Element IV—Project Evaluation included. achieve both economic and human development in an integrated manner; (Weight of 0–15 points in the proposal It is suggested that applicants use no and how the proposed project will review) more than 3 pages for this Sub-Element. support the goals of that plan. Sound evaluations are essential to the Element III—Significant and Beneficial It is suggested that applicants use no JOLI Program. OCS requires applicants Impact more than 2 pages for this Sub-Element. to include in their applications a well thought through outline of an evaluation Sub-Element III (a)—Quality of Jobs/ Sub-Element III(c)—Support for Noncustodial Parents plan for their project. The outline Business Opportunities should explain how the applicant (Weight of 0–2 points in proposal proposes to answer the key questions (Weight of 0–10 points in proposal review) about how effectively the project is review) Applicants that have entered into being/was implemented; whether the The proposed project is expected to partnership agreements with local Child project activities, or interventions, produce permanent and measurable Support Enforcement Agencies to achieved the expected immediate results that will reduce the incidence of develop and implement innovative outcomes, and why or why not (the poverty in the community and lead strategies to increase the capability of process evaluation); and whether and to welfare recipients from welfare low-income parents and families to what extent the project achieved its dependency toward economic self- fulfill their parental responsibilities, stated goals, and why or why not (the sufficiency. Results are expected to be and specifically, to this end, to provide outcome evaluation). Together, the quantifiable in terms of the creation of for referrals to the funded projects of process and outcome evaluations should permanent, full-time jobs; the identified income eligible families and answer the question: ‘‘What did this development of business opportunities; non-custodial parents economically program accomplish and why did it the expansion of existing businesses; or unable to provide child support, will work/not work?’’ the creation of non-traditional also receive special consideration. Applicants are not being asked to employment opportunities. In To receive the full credit of two submit a complete and final evaluation developing business opportunities and points, applicants should include as an plan as part of their proposal; but they appendix to the application, a signed self employment for TANF recipients must include: letter of agreement with the local CSE 1. A well thought through outline of and low-income individuals, the Agency for referral of eligible non- an evaluation plan that identifies the applicant proposes, at a minimum, to custodial parents to the proposed principal cause-and-effect relationships provide basic business planning and project. to be tested, and that demonstrates the management concepts, and assistance in It is suggested that applicants use no applicant’s understanding of the role preparing a business plan and loan more than 1 page for this Sub-Element. and purpose of both process and package. outcome evaluations. (See previous Sub-Element III (d)—Cost-Per-Job The application should document paragraph); that: (Weight of 0–5 points in proposal 2. A reporting format based on the The business opportunities to be review) grantee’s documentation of its activities The applicant should document that developed for eligible participants will (interventions) and their effectiveness, during the project period the proposed contribute significantly to their progress to be included in the grantee’s semi- project will create new, permanent jobs toward self-sufficiency; and/or jobs to annual program progress report, which through business opportunities or non- will provide OCS with insights and be created for eligible participants will traditional employment opportunities lessons learned, as they become evident, contribute significantly to their progress for low-income residents at a cost-per- concerning the various aspects of the toward self-sufficiency. For example, job below $15,000 in OCS funds. The work plan, such as recruitment, they should provide salaries that exceed cost per job should be calculated by training, support, public-private the minimum wage, plus benefits such dividing the total amount of grant funds partnerships, and coordination with as health insurance, child care and requested (e.g. $420,000) by the number other community resources, as they may career development opportunities. of jobs to be created (e.g., 60) which be relevant to the proposed project; It is suggested that applicants use no would equal the cost-per-job ($7,000)). If 3. The identity and qualifications of more than 2 pages for this Sub-Element. any other calculations are used, include the proposed third-party evaluator, or if

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Immediately following the delivery programs, and the planning appendix. completed Federal budget forms, and/or evaluation of programs designed (Attachments B and C), applicants must Element V—Public/Private Partnerships to foster self-sufficiency in low income submit a Budget Narrative, or populations; and (Weight of 0–10 points in the proposal explanatory budget information which 4. A commitment to the selection of review) includes a detailed budget breakdown a third-party evaluator approved by The proposal should briefly describe for each of the budget categories in the OCS, and to completion of a final any public/private partnerships, which SF–424A. This Budget Narrative is not evaluation design and plan, in will contribute to the implementation of considered a part of the Project collaboration with the approved the project. Where partners’ Narrative, and does not count as part of evaluator and the OCS Evaluation contributions to the project are a vital the thirty pages; but rather should be Technical Assistance Contractor during part of the project design and work included in the application following the six-month start-up period of the program, the narrative should describe the budget forms. project, if funded. undertakings of the partners, and a The duration of the proposed project Applicants should ensure, above all, partnership agreement specifying the and the funds requested in the budget that the evaluation outline presented is roles of the partners and making a clear must be commensurate with the level of consistent with their project design. A commitment to the fulfilling of the effort necessary to accomplish the goals clear project framework of the type partnership role, must be included in an and objectives of the project. The budget recommended earlier identifies the key appendix to the proposal. The firm narrative should briefly explain how project assumptions about the target commitment of mobilized resources grant funds will be expended and show populations and their needs, as well as must be documented and submitted the appropriateness of the Federal funds the hypotheses, or expected cause-effect with the application in order to be given and any mobilized resources to relationships to be tested in the project; credit under this element. The accomplish project purposes within the and the proposed project activities, or application should meet the following proposed timeframe. The estimated cost interventions, that will address those criteria: to the government of the project should needs in ways that will lead to the (a) Where other resources are be reasonable in relation to the project’s achievement of the project goals of self- mobilized, the application must provide duration and to the anticipated results, sufficiency. It also identifies in advance documentation that public and/or and include reasonable administrative the most important process and private sources of cash and/or third- costs, if an indirect cost rate has not outcome measures that will be used to party-in-kind contributions will be been negotiated with a cognizant identify performance success and available, in the form of letters of Federal agency. expected changes in individual commitment from the organization(s)/ Applicants are encouraged to use job participants, the grantee organization, individual(s) from which resources will titles and not specific names in and the community. be received. Applications that can developing the applicant budget. Finally, as noted above, the outline document dollar for dollar contributions However, the specific salary rates or should provide for prompt reporting, equal to the OCS funds and demonstrate amounts for staff positions identified concurrently with the semi-annual that the partnership agreement clearly must be included in the application program progress reports, of lessons relates to the objectives of the proposed budget. learned during the course of the project, project will receive the maximum so that they may be shared without number of points for this criterion. Resources in addition to OCS grant waiting for the final evaluation report. Lesser contributions will be given funds are encouraged both to augment For all these reasons, it is important consideration based upon the value project resources and strengthen the that each successful applicant have a documented. basis for continuing partnerships to third-party evaluator selected and Note: Even though there is no matching benefit the target community. The performing at the very latest by the time requirement for the JOLI Program, grantees amounts of such resources, their the work program of the project is will be held accountable for any match, cash appropriateness to the project design, begun, and if possible before that time or in-kind contribution proposed or pledged and the likelihood that they will so that he or she can participate in the as part of an approved application. (See Part continue beyond the project timeframe final design of the program, and in order II, D—Mobilization of Resources) will be taken into account in judging the to assure that data necessary for the (b) Partners involved in the proposed application. As noted in Element V, evaluation will be collected and project should be responsible for above, even though there is no matching available. Plans for selecting an substantive project activities and requirement for the JOLI program, evaluator should be included in the services. Applicants should note that grantees will be held accountable for application narrative. A third-party partnership relationships are not created any match, cash or in-kind contribution evaluator must have knowledge about via service delivery contracts. proposed or pledged as part of an and have experience in conducting It is suggested that applicants use no approved application. process and outcome evaluations in the more than 4 pages for this Element. Applicants should include funds in job creation field, and have a thorough Element VI—Budget Appropriateness the project budget for travel by Project understanding of the range and and Reasonableness Directors and Chief Evaluators to attend complexity of the problems faced by the two national evaluation workshops in target population. (Weight of 0–5 points in proposal Washington, DC (See Part VIII, The competitive procurement review) Evaluation Workshops.) The score for regulations (45 CFR part 74, §§ 74.40– Applicants are required to submit this element will be based on the budget 74.48, esp. 74.43) apply to service Federal budget forms with their form (SF–424A) and the associated contracts such as those for evaluators. proposals to provide basic applicant and detailed budget narrative.

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Part V—Application Procedures package was received by the commercial under OMB Control Number OMB– mail service company from the 0970–0062, expiration date October 31, A. Availability of Forms applicant. Private metered postmarks 2001. Attachments B through N contain all shall not be acceptable as proof of D. Intergovernmental Review of the standard forms necessary for the timely mailing. (Applicants are application for awards under this OCS cautioned that express/overnight mail This program is covered under program. These attachments and Parts V services do not always deliver as Executive Order 12372, and VI of this Announcement contain agreed.) ‘‘Intergovernmental Review of Federal all the instructions required for Applications hand carried by Programs,’’ and 45 CFR part 100, submittal of applications. applicants, applicant couriers, or by ‘‘Intergovernmental Review of Additional copies may be obtained by other representatives of the applicant Department of Health and Human writing or telephoning the office listed shall be considered as meeting an Services Program and Activities.’’ Under under the section entitled FOR FURTHER announced deadline if they are received the Order, States may design their own INFORMATION CONTACT: at the beginning on or before the deadline date, between processes for reviewing and of this announcement. In addition, this the hours of 8 a.m. and 4:30 p.m., EST, commenting on proposed Federal Announcement is accessible on the and at the U.S. Department of Health assistance under covered programs. Internet through the OCS website for and Human Services, Administration for Note: State/territory participation in the reading or downloading at the following Children and Families, Office of Grants intergovernmental review process does not address: www.acf.dhhs.gov/programs/ Management/OCSE, ACF Mailroom, 2nd signify applicant eligibility for financial ocs/kits1.htm Floor Loading Dock, Aerospace Center, assistance under a program. A potential The applicant must be aware that in 901 D Street, SW, Washington, DC applicant must meet the eligibility signing and submitting the application 20024, between Monday and Friday requirements of the program for which it is for this award, it is certifying that it will (excluding Federal holidays). The applying prior to submitting an application comply with the Federal requirements address must appear on the envelope/ to its single point of contact (SPOC), if concerning the Drug-Free workplace, package containing the application with applicable, or to ACF. Debarment regulations and the the note: Attention: Application for JOLI As of March 5, 1999, the following Certification Regarding Environmental Program. (Applicants are again jurisdictions have elected NOT to Tobacco Smoke, set forth in cautioned that express/overnight mail participate in the Executive Order Attachments E, F and J. services do not always deliver as process: Part IV contains instructions for the agreed.) Alabama, Alaska, Colorado, substance and development of the ACF cannot accommodate Connecticut, Hawaii, Idaho, Kansas, project narrative. Part VII, Section A transmission of applications by fax or Louisiana, Massachusetts, Minnesota, describes the contents and format of the through other electronic media. Montana, Nebraska, New Jersey, Ohio, application as a whole. Therefore, applications transmitted to Oklahoma, Oregon, Pennsylvania, ACF electronically will not be accepted B. Application Submission South Dakota, Tennessee, Vermont, regardless of date or time of submission Mailing Address: JOLI Applications Virginia, Washington, American and time of receipt. Samoa, and Palau. should be mailed to the U.S. Late Applications: Applications Department of Health and Human which do not meet the criteria above are Applicants from these 24 jurisdictions Services, Administration for Children considered late applications. ACF shall need take no action regarding E.O. and Families, Office of Grants notify each late applicant that its 12372. Applicants for projects to be Management/OCSE, 4th Floor West, application will not be considered in administered by Federally recognized Aerospace Center, 370 L’Enfant the current competition. Indian Tribes are also exempt from the Promenade, SW, Washington, DC 20447; Extension of Deadlines: ACF may requirements of E.O. 12372. Otherwise, Attention: Application for JOLI extend application deadlines when applicants should contact their SPOC as Program. circumstances such as acts of God soon as possible to alert them of the Number of Copies Required: One (flood, hurricanes, etc.) occur, or when prospective applications and receive signed original application and four there are widespread disruptions of the any necessary instructions. Applicants copies should be submitted at the time mail service. Determinations to extend must submit any required material to of initial submission. (OMB–0970–0062, or waive deadline requirements rest the SPOC as soon as possible so that the expiration date October 31, 2001) with ACF’s Chief Grants Management program office can obtain and review Submission Instructions: Mailed Officer. SPOC comments as part of the award applications shall be considered as process. It is imperative that the meeting an announced deadline if they C. Paperwork Reduction Act of 1995 applicant submit all required materials, are either received on or before the Under the Paperwork Reduction Act if any, to the SPOC and indicate the date deadline date or sent on or before the of 1995, Public Law 104–13, the of this submittal (or the date of contact deadline date and received by ACF in Department is required to submit to if no submittal is required) on the time for the independent review. OMB for review and approval any Standard Form 424, item 16a. Under 45 Applications mailed must bear a reporting and record keeping CFR 100.8(a)(2), a SPOC has sixty (60) legibly dated U.S. Postal Service requirements in regulations, including days from the application deadline to postmark or a legibly dated, machine Program Announcements. An agency comment on proposed new or produced postmark of a commercial may not conduct or sponsor, and a competing continuation awards. mail service affixed to the envelope/ person is not required to respond to, a SPOCs are encouraged to eliminate package containing the application(s). collection of information unless it the submission routine endorsements as To be acceptable as proof of timely displays a currently valid OMB control official recommendations. Additionally, mailing, a postmark from a commercial number. This Program Announcement SPOCs are requested to differentiate mail service must include the logo/ does not contain information collection clearly between mere advisory emblem of the commercial mail service requirements beyond those approved for comments and those official State company and must reflect the date the ACF grant announcements/applications process recommendations which may

VerDate 06-OCT-99 20:04 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\12OCN2.XXX pfrm08 PsN: 12OCN2 55352 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices trigger the ‘‘accommodate or explain’’ F. Criteria for Screening Applications Loan: The application must contain a rule. All applications that meet the written third party agreement, or a When comments are submitted published deadline requirements as discussion of a proposed agreement, directly to ACF, they should be provided in this Program signed by the applicant and the third addressed to: Department of Health and Announcement will be screened for party that includes all of the elements Human Services, Administration for completeness and conformity with the required in Part III, Section N. Children and Families, Office of Grants requirements. Only complete Part VI—Instructions for Completing Management/OCSE, 4th Floor West, applications that meet the requirements the SF–424 Aerospace Center, 370 L’Enfant listed below will be reviewed and (Approved by the Office of Management and Promenade, S.W., Washington, D.C. evaluated competitively. Other applications will be returned to the Budget under Control Number 0970–0062, 20447. expiration date October 31, 2001.) applicant with a notation that they were A list of the SPOCs for each State and unacceptable and will not be reviewed. The standard forms attached to this Territory is included as Attachment G to The following requirements must be Announcement shall be used to apply this Announcement. met by all applicants: for funds under this Program E. Application Consideration 1. The application must contain a Announcement. Standard Form 424 ‘‘Application for It is suggested that you reproduce Applications that meet the screening Federal Assistance’’ (SF–424), a budget single-sided copies of the SF–424 and requirements below will be reviewed (SF–424A), and signed ‘‘Assurances’’ SF–424A and type your application on competitively. Such applications will be (SF–424B) completed according to the copies. Please prepare your referred to reviewers for numerical instructions published in Part VI and application in accordance with scoring and explanatory comments Attachments C and D, of this Program instructions provided on the forms based solely on responsiveness to the Announcement. (Attachments B and C) as modified by guidelines and evaluation criteria 2. All JOLI applications must include the OCS specific instructions set forth published in this Announcement. a signed cooperative partnership below: agreement within the designated State Provide line item detail and detailed Applications will be reviewed by Agency responsible for administering calculations for each budget object class persons outside of the OCS unit. The the TANF Program, or a letter of identified on the Budget Information results of these reviews will assist the commitment to such an agreement form. Detailed calculations must Director and OCS program staff in within six months of a grant award, include estimation methods, quantities, considering competing applications. contingent only on receipt of OCS unit costs, and other similar quantitative Reviewers’ scores will weigh heavily in funds. This cooperative partnership detail sufficient for the calculation to be funding decisions, but will not be the agreement must fully describe the role duplicated. The detailed budget must only factors considered. and/or responsibilities of each partner also include a breakout by the funding Applications generally will be for specific activities and/or services to sources identified in Block 15 of the SF– considered in order of the average be provided which must clearly relate to 424. scores assigned by reviewers. However, the objectives of the proposed project. Provide a narrative budget highly ranked applications are not 3. A project narrative must also justification, which describes how the guaranteed funding since other factors accompany the standard forms. OCS categorical costs are derived. Discuss are taken into consideration, including, requires that the narrative portion of the the necessity, reasonableness, and but not limited to: The timely and application be limited to 30 pages, allocability of the proposed costs. proper completion of projects funded typewritten on one side of the paper only with one-inch margins and type A. SF–424—Application for Federal with OCS funds granted in the last five Assistance (5) years; comments of reviewers and face no smaller than 12 characters per government officials; staff evaluation inch (c.p.i.) or equivalent. The Budget Top of Page. Please enter the single and input; the amount and duration of Narrative Charts, exhibits, resumes, priority area number under which the the grant requested and the proposed position descriptions, letters of support, application is being submitted (1.0 or project’s consistency and harmony with cooperative agreements, and business 2.0). An application should be OCS goals and policy; geographic plans (where required) are not counted submitted under only one priority area. distribution of applications; previous against this page limit. It is strongly Where the applicant is a previous program performance of applicants; the recommended that applicants follow the Department of Health and Human limitations on project continuation or format and content for the narrative set Services grantee, enter the Central refunding (see Part II, Section H); the out in Part IV. Registry System Employee Identification number of previous JOLI grants made to 4. The SF–424 and the SF–424B must Number (CRS/EIN) and the Payment applicants; compliance with grant terms be signed by an official of the Identifying Number, if one has been organization applying for the grant who under previous HHS grants, including assigned, in the Block entitled Federal has authority to obligate the the actual dedication to program of Identifier located at the top right hand organization legally. Applicants must mobilized resources as set forth in corner of the form. also be aware that the applicant’s legal project applications; audit reports; Item 1. For the purposes of this name as required on the SF–424 (Item investigative reports; and applicant’s Announcement, all projects are 5) must match that listed as progress in resolving any final audit considered Applications; there are no corresponding to the Employer disallowance’s on previous OCS or Pre-Applications. Identification Number (Item 6). Item 7. Enter N in the box and specify other Federal agency grants. 5. Application must contain non-profit corporation on the line OCS reserves the right to discuss documentation of the applicant’s tax marked Other. applications with other Federal or non- exempt status as required under Part II, Item 9. Name of Federal Agency— Federal funding sources to verify the Section A. Enter HHS-ACF/OCS. applicant’s performance record and the 6. Written Agreement When Applicant Item 10. The Catalog of Federal documents submitted. Proposes to Make Equity Investment or Domestic Assistance number for OCS

VerDate 06-OCT-99 20:04 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 E:\FR\FM\12OCN2.XXX pfrm08 PsN: 12OCN2 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55353 programs covered under this by Class Categories, showing a total words, that would be suitable for use in Announcement is 93.593. The title is budget of not more than $500,000. an announcement that the application ‘‘Job Opportunities for Low-Income Note: With regard to Class Categories, only has been selected for a grant award; Individuals Program’’. out-of-town travel should be entered under which identifies the type of project(s), Item 11. In addition to a brief Category c. Travel. Local travel costs should the target population, and the major descriptive title of the project, indicate be entered under Category h. Other. elements of the work plan; the priority area for which funds are Equipment costing less than $5000 should be 3. Completed Standard Form 424 being requested. Use the following letter included in Category e. Supplies. which has been signed by an Official of designations: Section C—Non-Federal Resources the organization applying for the grant JO—General Project who has authority to obligate the This section is to record the amounts organization legally; JS—Community Development of ‘‘non-Federal’’ resources that will be Corporation Set-Aside used to support the project. For the Note: The original SF–424 must bear the Item 13. ‘‘Proposed Project’’—The original signature of the authorizing purposes of this application, ‘‘non- representative of the applicant organization.) ending date should be based on the Federal’’ resources means other than the requested project period, not to exceed OCS funds for which the applicant is 4. Budget Information-Non- three years (36 months). applying. Therefore, mobilized funds Construction Programs—(SF–424A); Item 15a. This amount should be no from other Federal programs, such as 5. A narrative budget justification for greater than $500,000. the Job Training Partnership Act each object class category required Item 15b-e. These items should reflect program, should be entered on these under Section B, SF–424A; 6. Certifications and Assurance both cash and third-party, in-kind lines. Provide a brief listing of these Required for Non-Construction contributions for the three year budget ‘‘non-Federal’’ resources on a separate period requested. Programs, as follows: sheet and describe whether it is a Applicants requesting financial B. ‘‘SF–424A—Budget Information-Non- grantee-incurred cost or a third-party assistance for a non-construction project Construction Programs’’ cash or in-kind contribution. The firm must file the Standard Form 424B, commitment of these resources must be ‘‘Assurances: Non-Construction In completing these sections, the documented and submitted with the Federal Funds budget entries will relate Programs’’. Applicants must sign and application in order to be given credit return the Standard Form 424B with to the requested OCS funds only, and in the review process under the Public- Non-Federal will include mobilized their applications. Private Partnerships program element. Applicants must provide a funds from all other sources—applicant, Except in unusual situations, this state, local, and other. Federal funds Certification Regarding Lobbying. Prior documentation must be in the form of to receiving an award in excess of other than requested OCS funding letters of commitment from the should be included in ‘‘Non-Federal’’ $100,000, applicants shall furnish an organization(s)/individual(s) from executed copy of the lobbying entries. which resources will be received. Section A, B, and C of SF–424A certification. Applicants must sign and should reflect budget estimates for each Note: Even though there is no matching return the certification with their requirement for the JOLI Program, grantees application. year of the budget period for which will be held accountable for any match, cash funding is being requested. Applicants must make the appropriate or in-kind contribution proposed or pledged certification of their compliance with Section A—Budget Summary as part of an approved application. (See Part the Drug-Free Workplace Act of 1988. IV, Element V.) You need only fill in lines 1 and 5 By signing and submitting the This Section should be completed in (with the same amounts) Column (a): applications, applicants are providing accordance with the instructions Enter Job Opportunities for Low-Income the certification and need not mail back provided. Individuals Program. Column (b): the certification with the applications. Section D, E, and F may be left blank. Applicants must make the appropriate Catalog of Federal Domestic Assistance A supporting Budget Narrative must certification that they are not presently number is 93.593. be submitted providing details of debarred, suspended or otherwise —Columns (c) and (d): not relevant to expenditures under each budget ineligible for award. By signing and this program. category, and justification of dollar submitting the applications, applicants —Columns (e)–(g): enter the appropriate amounts which relate the proposed are providing the certification and need amounts (column e should not be expenditures to the work program and not mail back the certification with the more than $500,000). goals of the project. (See Part IV, applications. Copies of the certifications Section B—Budget Categories Element VI) and assurance are located at the end of C. SF–424B Assurances—Non- this Announcement. (Note that the following information Applicants must make the appropriate supersedes the instructions provided with Construction the Form SF–424A in Attachment C) certification of their compliance with all All applicants must fill out, sign, date Federal statutes relating to Columns (1)–(5): For each of the and return the ‘‘Assurances’’ with the nondiscrimination. By signing and relevant Object Class Categories: application. (See Attachment D) submitting the applications, applicants —Column 1: Enter the OCS grant funds Part VII—Contents of Application and are providing the certification and need for the first year; Receipt Process not mail back a certification form. —Column 2: Enter the OCS grant funds 7. Certification Regarding for the second year (where A. Contents of Application Environmental Tobacco Smoke— appropriate); Each JOLI Application must include Signature on the application attests to —Column 3: Enter the OCS grant funds all of the following, in the order listed the applicants intent to comply with the for the third year (where appropriate); below: requirements of the Pro-Children Act of —Column 4: Leave Blank. 1. Table of Contents; 1994 (no signature required on form). —Column 5: Enter the total Federal OCS 2. An Abstract of the Proposed 8. A Project Narrative of no more than grant funds for the total budget period Project—very brief, not to exceed 250 30 pages, consisting of the Elements

VerDate 06-OCT-99 20:04 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\12OCN2.XXX pfrm08 PsN: 12OCN2 55354 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices described in Part IV of this applications, an acknowledgment with finding of the process evaluation should Announcement set forth in the order an assigned identification number. To be submitted along with the first annual there presented; preceded by a facilitate receipt of this evaluation report. A final evaluation consecutively numbered Table of acknowledgment from ACF, applicant is report will be due 90 days after the Contents (not to be counted as part of asked to include a cover letter with the expiration of the grant. the 30 pages). application containing an E-mail 9. Appendices—proof of non-profit address and facsimile (FAX) number if D. Audit Requirements tax-exempt status as outlined in Part II, these items are available to applicant. Grantees are subject to the audit Section A; proof that the organization is Applicants are requested to supply a requirements in 45 CFR Part 74 (non- a community development corporation, self-addressed mailing label with their profit organization) and OMB Circular if applying under the CDC Set-aside; application which can be attached to commitments from officials of this acknowledgment notice. This A–133. businesses that will be expanded or mailing label should reflect the mailing E. Prohibitions and Requirements With franchised, where applicable; address of the authorizing official who Regard to Lobbying partnership agreement with the is applying on behalf of the designated State TANF agency and CSE organization. This number and the Section 319 of Public Law 101–121, agency; Single Point of Contact program letter code, i.e., JO or JS, must signed into law on October 23, 1989, comments, if applicable; resumes and be referred to in all subsequent imposes prohibitions and requirements position descriptions; a Business Plan, communications with OCS concerning for disclosure and certification related where required; and the Maintenance of the application. If an acknowledgment to lobbying on recipients of Federal Effort Certification (See Part II–J and is not received within three weeks after contracts, grants, cooperative Attachment M). the deadline date, please notify ACF by agreements, and loans. It provides The total number of pages for the telephone (202) 401–5103. limited exemptions for Indian tribes and narrative portion of the application tribal organizations. Current and package must not exceed 30 pages, Part VIII—Post Award Information and prospective recipients (and their subtier excluding Appendices and Narrative Reporting Requirements contractors and/or grantees) are Table of Contents. See Part V(f) (c) for A. Notification of Grant Award pages that do not count against the 30- prohibited from using appropriated page limit. Following approval of the application funds for lobbying Congress or any Pages should be numbered selected for funding, notice of project Federal agency in connection with the sequentially throughout, including approval and authority to draw down award of a contract, grant, cooperative Appendices, beginning with the project funds will be made in writing. agreement or loan. In addition, for each Abstract as Page 1. The application may The official award document is the award action in excess of $100,000 (or also contain letters that show Financial Assistance Award, which $150,000 for loans) the law requires collaboration or substantive provides the amount of Federal funds recipients and their subtier contractors commitments to the project by approved for use in the project, the and/or subgrantees (1) to certify that organizations other than the designated project and budget periods for which they have neither used nor will use any TANF agency. Such letters are not part support is provided, the terms and appropriated funds for payment to of the narrative and should be included conditions of the award, and the total lobbyists, (2) to submit a declaration in the Appendices. These letters are, project period for which support is setting forth whether payments to contemplated. therefore, not counted against the 30 lobbyists have been or will be made out page limit. B. Attendance at Evaluation Workshops of non-appropriated funds and, if so, the B. Application Format The Project Directors and third-party name, address, payment details, and purpose of any agreements with such Applications must be uniform in evaluators will be required to attend two composition since OCS may find it national evaluation workshops in lobbyists whom recipients or their necessary to duplicate them for review Washington, DC. A three-day program subtier contractors or subgrantees will purposes. Therefore, applications must development and evaluation workshop pay with the non-appropriated funds 1 and (3) to file quarterly up-dates about be submitted on white 8 ⁄2 × 11 inch will be scheduled shortly after the paper only. Applications must not effective date of the grant. They also the use of lobbyists if an event occurs include colored, oversized or folded will be required to attend, as presenters, that materially affects the accuracy of materials. Applications should not the final evaluation workshop on the information submitted by way of include organizational brochures or utilization and dissemination to be held declaration and certification. other promotional materials, slides, at the end of the project period. Project The law establishes civil penalties for films, clips, etc., in the proposal. Such budgets must include funds for travel to noncompliance and is effective with material will not be reviewed and will and attendance at these workshops. (See respect to contracts, grants, cooperative Part IV, Element VI, Budget be discarded if included. agreements and loans entered into or Appropriateness and Reasonableness.) Applications must be bound or made on or after December 23, 1989. See enclosed in loose-leaf binder notebooks. C. Reporting Requirements Attachment H for certification and Preferably, applications should be two- disclosure forms to be submitted with holed punched at the top center and Grantees will be required to submit the applications for this program. fastened separately with a compressor semi-annual program progress and slide paper fastener, or a binder clip. financial reports (SF 269) as well as a F. Applicable Federal Regulations final program progress and financial C Acknowledgment of Receipt report within 90 days of the expiration Attachment K indicates the Applicants who meet the initial of the grant. An annual evaluation regulations that apply to all applicants/ screening criteria outlined in Part V, report will be due 30 days after each grantees under the Job Opportunities for Section E, will receive within ten days twelve months. A written draft policies Low-Income Individuals Program. after the deadline date for submission of and procedures manual based on the

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Dated: October 4, 1999. N OCSE IV–D Report Size of family unit Poverty Donald Sykes, O Applicant’s Checklist guideline Director, Office of Community Services. Attachment A 4 ...... 20,880 Job Opportunities for Low-Income 5 ...... 24,400 Individuals; Attachments Size of family unit Poverty 6 ...... 27,920 guideline 7 ...... 31,440 A Poverty Income Guidelines for the 48 8 ...... 34,960 Contiguous States and the District of 1999 POVERTY GUIDELINES FOR THE 48 Columbia CONTIGUOUS STATES AND THE DIS- For family units with more than 8 members, B Standard Form 424 TRICT OF COLUMBIA add $3,520 for each additional member. C Standard Form 424A (The same increment applies to smaller D Standard Form 424B 1 ...... $8,240 family sizes also, as can be seen in the E Certification Regarding Drug-Free 2 ...... 11,060 figures above). Workplace Requirements 3 ...... 13,880 F Certification Regarding Debarment, 4 ...... 16,700 1999 POVERTY GUIDELINES FOR HAWAII Suspension and Other Responsibility 5 ...... 19,520 Matters 6 ...... 22,340 1 ...... 9,490 G State Single Point of Contact Listing 7 ...... 25,160 2 ...... 12,730 Maintained by OMB 8 ...... 27,980 3 ...... 15,970 H Certification Regarding Lobbying 4 ...... 19,210 Activities and Disclosure of Lobbying For family units with more than 8 members, 5 ...... 22,450 Activities, SF-LLL add $2,820 for each additional member. 6 ...... 25,690 I State Human Services Administrators (The same increment applies to smaller 7 ...... 28,930 J Certification Regarding Environmental family sizes also, as can be seen in the 8 ...... 32,170 Tobacco Smoke figures above). K DHHS Regulations Applying to All For family units with more than 8 members, Applicants/Grantees Under the Job 1999 POVERTY GUIDELINES FOR ALASKA add $3,240 for each additional member. Opportunities for Low-Income (The same increment applies to smaller Individuals (JOLI) Program 1 ...... 10,320 family sizes also, as can be seen in the L Business Plan 2 ...... 13,840 figures above). M Certification Regarding Maintenance of 3 ...... 17,360 Effort BILLING CODE 4184±01±P

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BILLING CODE 4184±01±C

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Instructions for the SF–424 Federal identifier number. If for a new 12. List only the largest political entities Public reporting burden for this collection project, leave blank. affected (e.g., State, counties, cities). of information is estimated to average 45 5. Legal name of applicant, name of 13. Self-explanatory. minutes per response, including time for primary organizational unit which will 14. List the applicant’s Congressional reviewing instructions, searching existing undertake the assistance activity, complete District and any District(s) affected by the data sources, gathering and maintaining the address of the applicant, and name and program or project. data needed, and completing and reviewing telephone number of the person to contact on 15. Amount requested or to be contributed the collection of information. Send matters related to this application. during the first funding/budget period by comments regarding the burden estimate or 6. Enter Employer Identification Number each contributor. Value of in-kind any other aspect of this collection of (EIN) as assigned by the Internal Revenue contributions should be included on information, including suggestions for Service. appropriate lines as applicable. If the action reducing this burden, to the Office of 7. Enter the appropriate letter in the space will result in a dollar change to an existing Management and Budget, Paperwork provided. award, indicate only the amount of the Reduction Project (0348–0043), Washington, 8. Check appropriate box and enter change. For decreases, enclose the amounts in parentheses. If both basic and DC 20503. appropriate letter(s) in the space(s) provided. PLEASE DO NOT RETURN YOUR supplemental amounts are included, show COMPLETED FORM TO THE OFFICE OF —‘‘New’’ means a new assistance award. breakdown on an attached sheet. For MANAGEMENT AND BUDGET. SEND IT —‘‘Continuation’’ means an extension for an multiple program funding, use totals and TO THE ADDRESS PROVIDED BY THE additional funding/budget period for a show breakdown using same categories as SPONSORING AGENCY. project with a projected completion date. item 15. This is a standard form used by applicants —‘‘Revision’’ means any change in the 16. Applicants should contact the State as a required facesheet for preapplications Federal Government’s financial obligation Single Point of Contact (SPOC) for Federal and applications submitted for Federal or contingent liability from an existing Executive Order 12372 to determine whether assistance. It will be used by Federal agencies obligation. the application is subject to the State to obtain applicant certification that States 9. Name of Federal agency from which intergovernmental review process. which have established a review and assistance is being requested with this 17. This question applies to the applicant comment procedure in response to Executive application. organization, not the person who signs as the Order 12372 and have selected the program 10. Use the Catalog of Federal Domestic authorized representative. Categories of debt to be included in their process, have been Assistance number and title of the program include delinquent audit disallowances, given an opportunity to review the under which assistance is requested. loans and taxes. applicant’s submission. 11. Enter a brief descriptive title of the 18. To be signed by the authorized Item and Entry project. If more than one program is representative of the applicant. A copy of the governing body’s authorization for you to 1. Self-explanatory. involved, you should append an explanation sign this application as official representative 2. Date application submitted to Federal on a separate sheet. If appropriate (e.g., must be on file in the applicant’s office. agency (or State if applicable) and applicant’s construction or real property projects), attach (Certain Federal agencies may require that control number (if applicable). a map showing project location. For this authorization be submitted as part of the 3. State use only (if applicable). preapplications, use a separate sheet to application.) 4. If this application is to continue or provide a summary description of this revise an existing award, enter present project. BILLING CODE 4184±01±M

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BILLING CODE 4184±01±C

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Instructions for the SF–424A Lines 1–4, Columns (c) Through (g) Column (a)—Enter the program titles Public reporting burden for this collection For new applications, leave Column (c) identical to Column (a), Section A. A of information is estimated to average 180 and (d) blank. For each line entry in Columns breakdown by function or activity is not minutes per response, including time for (a) and (b), enter in Columns (e), (f), and (g) necessary. reviewing instructions, searching existing the appropriate amounts of funds needed to Column (b)—Enter the contribution to be data sources, gathering and maintaining the support the project for the first funding made by the applicant. data needed, and completing and reviewing period (usually a year). Column (c)—Enter the amount of the the collection of information. Send For continuing grant program applications, State’s cash and in-kind contribution if the comments regarding the burden estimate or submit these forms before the end of each applicant is not a State or State agency. any other aspect of this collection of funding period as required by the grantor Applicants which are a State or State information, including suggestions for agency. Enter in Columns (c) and (d) the agencies should leave this column blank. reducing this burden, to the Office of estimated amounts of funds which will Column (d)—Enter the amount of cash and Management and Budget, Paperwork remain unobligated at the end of the grant in-kind contributions to be made from all Reduction Project (0348–0044), Washington, funding period only if the Federal grantor other sources. DC 20503. agency instructions provide for this. Column (e)—Enter totals of Columns (b), PLEASE DO NOT RETURN YOUR COMPLETED Otherwise, leave these columns blank. Enter (c), and (d). FORM TO THE OFFICE OF MANAGEMENT AND in columns (e) and (f) the amounts of funds Line 12—Enter the total for each of BUDGET. SEND IT TO THE ADDRESS PROVIDED BY needed for the upcoming period. The Columns (b)–(e). The amount in Column (e) THE SPONSORING AGENCY. amount(s) in Column (g) should be the sum should be equal to the amount on Line 5, of amounts in Columns (e) and (f). Column (f), Section A. General Instructions For supplemental grants and changes to Section D. Forecasted Cash Needs This form is designed so that application existing grants, do not use Columns (c) and can be made for funds from one or more grant (d). Enter in Column (e) the amount of the Line 13—Enter the amount of cash needed programs. In preparing the budget, adhere to increase or decrease of Federal funds and by quarter from the grantor agency during the any existing Federal grantor agency enter in Column (f) the amount of the first year. guidelines which prescribe how and whether increase or decrease of non-Federal funds. In Line 14—Enter the amount of cash from all budgeted amounts should be separately Column (g) enter the new total budgeted other sources needed by quarter during the shown for different functions or activities amount (Federal and non-Federal) which first year. within the program. For some programs, includes the total previous authorized Line 15—Enter the totals of amounts on grantor agencies may require budgets to be budgeted amounts plus or minus, as Lines 13 and 14. separately shown by function or activity. For appropriate, the amounts shown in Columns Seciton E. Budget Estimates of Federal Funds other programs, grantor agencies may require (e) and (f). The amount(s) in Column (g) Needed for Balance of the Project a breakdown by function or activity. Sections should not equal the sum of amounts in Lines 16–19—Enter in Column (a) the same A, B, C, and D should include budget Columns (e) and (f). grant program titles shown in Column (a), estimates for the whole project except when Line 5—Show the Totals for All Columns Section A. A breakdown by function or applying for assistance which requires Used activity is not necessary. For new Federal authorization in annual or other applications and continuation grant funding period increments. In the latter case, Section B. Budget Categories applications, enter in the proper columns Sections A, B, C, and D should provide the In the column headings (1) through (4), amounts of Federal funds which will be budget for the first budget period (usually a enter the titles of the same programs, needed to complete the program or project year) and Section E should present the need functions, and activities shown on Lines 1– over the succeeding funding periods (usually for Federal assistance in the subsequent 4, Column (a), Section A. When additional in years). This section need not be completed budget periods. All applications should sheets are prepared for Section A, provide for revisions (amendments, changes, or contain a breakdown by the object class similar column headings on each sheet. For supplements) to funds for the current year of categories shown in Lines a–k of Section B. each program, function or activity, fill in the existing grants. Section A. Budget Summary Lines 1–4, total requirements for funds (both Federal If more than four lines are needed to list Columns (a) and (b) and non-Federal) by object class categories. the program titles, submit additional Line 6a–i—Show the totals of Lines 6a to For applications pertaining to a single schedules as necessary. 6h in each column. Line 20—Enter the total for each of the Federal grant program (Federal Domestic Line 6j—Show the amount of indirect cost. Assistance Catalog number) and not requiring Columns (b)–(e). When additional schedules Line 6k—Enter the total of amounts on are prepared for this Section, annotate a functional or activity breakdown, enter on Lines 6i and 6j. For all applications for new Line 1 under Column (a) the Catalog program accordingly and show the overall totals on grants and continuation grants the total this line. title and the Catalog number in Column (b). amount in column (5), Line 6k, should be the For applications pertaining to a single same as the total amount shown in Section Section F. Other Budget Information program requiring budget amounts by A, Column (g), Line 5. For supplemental Line 21—Use this space to explain multiple functions or activities, enter the grants and changes to grants, the total amounts for individual direct object class name of each activity or function on each amount of the increase or decrease as shown cost categories that may appear to be out of line in Column (a), and enter the Catalog in Columns (1)–(4), Line 6k should be the the ordinary or to explain the details as number in Column (b). For applications same as the sum of the amounts in Section required by the Federal grantor agency. pertaining to multiple programs where none A, Columns (e) and (f) on Line 5. Line 22—Enter the type of indirect rate of the programs require a breakdown by Line 7—Enter the estimated amount of (provisional, predetermined, final or fixed) function or activity, enter the Catalog income, if any, expected to be generated from that will be in effect during the funding program title on each line in Column (a) and this project. Do not add or subtract this period, the estimated amount of the base to the respective Catalog number on each line amount from the total project amount. Show which the rate is applied, and the total in Column (b). under the program narrative statement the indirect expense. For applications pertaining to multiple nature and source of income. The estimated Line 23—Provide any other explanations or programs where one or more programs amount of program income may be comments deemed necessary. require a breakdown by function or activity, considered by the Federal grantor agency in prepare a separate sheet for each program determining the total amount of the grant. Attachment D requiring the breakdown. Additional sheets should be used when one form does not Section C. Non-Federal Resources Assurancs—Non-Construction Programs provide adequate space for all breakdown of Lines 8–11 Enter amounts of non-Federal Public reporting burden for this collection data required. However, when more than one resources that will be used on the grant. If of information is estimated to average 15 sheet is used, the first page should provide in-kind contributions are included, provide a minutes per response, including time for the summary totals by programs. brief explanation on a separate sheet. reviewing instructions, searching existing

VerDate 06-OCT-99 20:04 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4703 E:\FR\FM\12OCN2.XXX pfrm08 PsN: 12OCN2 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55361 data sources, gathering and maintaining the Comprehensive Alcohol Abuse and endangered species under the Endangered data needed, and completing and reviewing Alcoholism Prevention, Treatment and Species Act of 1973, as amended (P.L. 93– the collection of information. Send Rehabilitation Act of 1970 (P.L. 91–616), as 205). comments regarding the burden estimate or amended, relating to nondiscrimination on 12. Will comply with the Wild and Scenic any other aspect of this collection of the basis of alcohol abuse or alcoholism; (g) Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) information, including suggestions for §§ 523 and 527 of the Public Health Service related to protecting components or potential reducing this burden, to the Office of Act of 1912 (42 U.S.C. §§ 290 dd–3 and 290 components of the national wild and scenic Management and Budget, Paperwork ee–3), as amended, relating to confidentiality Reduction Project (0348–0040), Washington, of alcohol and drug abuse patient records; (h) rivers system. DC 20503. Title VIII of the Civil Rights Act of 1968 (42 13. Will assist the awarding agency in PLEASE DO NOT RETURN YOUR U.S.C. §§ 3601 et seq.), as amended, relating assuring compliance with Section 106 of the COMPLETED FORM TO THE OFFICE OF to nondiscrimination in the sale, rental or National Historic Preservation Act of 1966, as MANAGEMENT AND BUDGET. SEND IT financing of housing; (i) any other amended (16 U.S.C. § 470), EO 11593 TO THE ADDRESS PROVIDED BY THE nondiscrimination provisions in the specific (identification and protection of historic SPONSORING AGENCY. statute(s) under which application for properties), and the Archaeological and Note: Certain of these assurances may not Federal assistance is being made; and, (j) the Historic Preservation Act of 1974 (16 U.S.C. be applicable to your project or program. If requirements of any other nondiscrimination §§ 469a–1 et seq.). you have questions, please contact the statute(s) which may apply to the 14. Will comply with P.L. 93–348 awarding agency. Further, certain Federal application. regarding the protection of human subjects awarding agencies may require applicants to 7. Will comply, or has already complied, involved in research, development, and with the requirements of Title II and III of the certify to additional assurances. If such is the related activities supported by this award of Uniform Relocation Assistance and Real case, you will be notified. assistance. As the duly authorized representative of Property Acquisition Policies Act of 1970 (P.L. 91–646) which provide for fair and 15. Will comply with the Laboratory the applicant, I certify that the applicant: Animal Welfare Act of 1966 (P.L. 89–544, as 1. Has the legal authority to apply for equitable treatment of persons displaced or whose property is acquired as a result of amended, 7 U.S.C. §§ 2131 et seq.) pertaining Federal assistance and the institutional, to the care, handling, and treatment of warm managerial and financial capability Federal or federally-assisted programs. These blooded animals held for research, teaching, (including funds sufficient to pay the non- requirements apply to all interests in real or other activities supported by this award of Federal share of project cost) to ensure property acquired for project purposes proper planning, management and regardless of Federal participation in assistance. completion of the project described in this purchases. 16. Will comply with the Lead-Based Paint application. 8. Will comply, as applicable, with Poisoning Prevention Act (42 U.S.C. §§ 4801 2. Will give the awarding agency, the provisions of the Hatch Act (5 U.S.C. et seq.) which prohibits the use of lead-based Comptroller General of the United States and, §§ 1501–1508 and 7324–7328) which limit paint in construction or rehabilitation of if appropriate, the State, through any the political activities of employees whose residence structures. authorized representative, access to and the principal employment activities are funded 17. Will cause to be performed the required right to examine all records, books, papers, in whole or in part with Federal funds. financial and compliance audits in or documents related to the award; and will 9. Will comply, as applicable, with the accordance with the Single Audit Act provisions of the Davis-Bacon Act (40 U.S.C. establish a proper accounting system in Amendments of 1996 and OMB Circular No. §§ 276a to 276a–7), the Copeland Act (40 accordance with generally accepted A–133, ‘‘Audits of States, Local accounting standards or agency directives. U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Governments, and Non-Profit Organizations.’’ 3. Will establish safeguards to prohibit 18. Will comply with all applicable employees from using their positions for a Act (40 U.S.C. §§ 327–333), regarding labor requirements of all other Federal laws, purpose that constitutes or presents the standards for federally-assisted construction executive orders, regulations, and policies appearance of personal or organizational subagreements. conflict of interest, or personal gain. 10. Will comply, if applicable, with flood governing this program. 4. Will initiate and complete the work insurance purchase requirements of Section lllllllllllllllllllll within the applicable time frame after receipt 102(a) of the Flood Disaster Protection Act of SIGNATURE OF AUTHORIZED of approval of the awarding agency. 1973 (P.L. 93–234) which requires recipients CERTIFYING OFFICIAL 5. Will comply with the Intergovernmental in a special flood hazard area to participate lllllllllllllllllllll in the program and to purchase flood Personnel Act of 1970 (42 U.S.C. §§ 4728– TITLE 4763) relating to prescribed standards for insurance if the total cost of insurable lllllllllllllllllllll merit systems for programs funded under one construction and acquisition is $10,000 or of the 19 statutes or regulations specified in more. APPLICANT ORGANIZATOIN Appendix A of OPMs’s Standards for a Merit 11. Will comply with environmental lllllllllllllllllllll System of Personnel Administration (5 C.F.R. standards which may be prescribed pursuant DATE SUBMITTED 900, Subpart F). to the following: (a) Institution of 6. Will comply with all Federal statutes environmental quality control measures Certification Regarding Drug-Free relating to nondiscrimination. These include under the National Environmental Policy Act Workplace Requirements but are not limited to: (a) Title VI of the Civil of 1969 (P.L. 91–190) and Executive Order This certification is required by the Rights Act of 1964 (P.L. 88–352) which (EO) 11514; (b) notification of violating regulations implementing the Drug-Free prohibits discrimination on the basis of race, facilities pursuant to EO 11738; (c) protection Workplace Act of 1988: 45 CFR Part 76, color or national origin; (b) Title IX of the of wetlands pursuant to EO 11990; (d) Subpart, F. Sections 76.630(c) and (d)(2) and Education Amendments of 1972, as amended evaluation of flood hazards in floodplains in 76.645(a)(1) and (b) provide that a Federal (20 U.S.C. §§ 1681–1683, and 1685–1686), accordance with EO 11988; (e) assurance of agency may designate a central receipt point which prohibits discrimination on the basis project consistency with the approved State for STATE-WIDE AND STATE AGENCY- of sex; (c) Section 504 of the Rehabilitation management program developed under the Act of 1973, as amended (29 U.S.C. § 794), Coastal Zone Management Act of 1972 (16 WIDE certifications, and for notification of which prohibits discrimination on the basis U.S.C. §§ 1451 et seq.); (f) conformity of criminal drug convictions. For the of handicaps; (d) the Age Discrimination Act Federal actions to State (Clean Air) Department of Health and Human Services, of 1975, as amended (42 U.S.C. §§ 6101– Implementation Plans under Section 176(c) the central pint is: Division of Grants 6107), which prohibits discrimination on the of the Clean Air Act of 1955, as amended (42 Management and Oversight, Office of basis of age; (e) the Drug Abuse Office and U.S.C. §§ 7401 et seq.); (g) protection of Management and Acquisition, Department of Treatment Act of 1972 (P.L. 92–255), as underground sources of drinking water under Health and Human Services, Room 517–D, amended, relating to nondiscrimination on the Safe Drinking Water Act of 1974, as 200 Independence Avenue, SW, Washington, the basis of drug abuse; (f) the amended (P.L. 93–523); and, (h) protection of DC 20201.

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Certification Regarding Drug-Free Workplace performance of work under the grant and purposes by a Federal, State, or local health, Requirements (Instructions for Certification) who are on the grantee’s payroll. This law enforcement, or other appropriate 1. By signing and/or submitting this definition does not include workers not on agency; application or grant agreement, the grantee is the payroll of the grantee (e.g., volunteers, (g) Making a good faith effort to continue providing the certification set out below. even if used to meet a matching requirement; to maintain a drug-free workplace through 2. The certification set out below is a consultants or independent contractors not implementation of paragraphs (a), (b), (c), (d), material representation of fact upon which on the grantee’s payroll; or employees of (e) and (f). reliance is placed when the agency awards subrecipients or subcontractors in covered (B) The grantee may insert in the space the grant. If it is later determined that the workplaces). provided below the site(s) for the grantee knowingly rendered a false Certification Regarding Drug-Free Workplace performance of work done in connection with the specific grant: certification, or otherwise violates the Requirements Place of Performance (Street address, city, requirements of the Drug-Free Workplace country, state, zip code) Act, the agency, in addition to any other Alternate I. (Grantees Other Than Individuals) lllllllllllllllllllll remedies available to the Federal lllllllllllllllllllll Government, may take action authorized The grantee certifies that it will or will Check if there are workplaces on file that under the Drug-Free Workplace Act. continue to provide a drug-free workplace by: are not identified here. 3. For grantees other than individuals, (a) Publishing a statement notifying Alternate I applies. employees that the unlawful manufacture, Alternate II. (Grantees Who Are Individuals) 4. For grantees who are individuals, distribution, dispensing, possession, or use of (a) The grantee certifies that, as a condition Alternate II applies. a controlled substance is prohibited in the of the grant, he or she will not engage in the 5. Workplaces under grants, for grantees grantee’s workplace and specifying the unlawful manufacture, distribution, other than individuals, need not be identified actions that will be taken against employees dispensing, possession, or use of a controlled on the certification. If known, they may be for violation of such prohibition; substance in conducting any activity with the identified in the grant application, If the (b) Establishing an ongoing drug-free grant; grantee does not identify the workplaces at awareness program to inform employees (b) If convicted of a criminal drug offense the time of application, or upon award, if about: resulting from a violation occurring during there is no application, the grantee must keep (1) The dangers of drug abuse in the the conduct of any grant activity, he or she the identity of the workplace(s) on file in its workplace; will report the conviction, in writing, within office and make the information available for (2) The grantee’s policy of maintaining a 10 calendar days of the conviction, to every Federal inspection. Failure to identify all drug-free workplace; grant officer or other designee, unless the known workplaces constitutes a violation of (3) Any available drug counseling, Federal agency designates a central point for the grantee’s drug-free workplace rehabilitation, and employee assistance the receipt of such notices. When notice is requirements. programs; and made to such a central point, it shall include 6. Workplace identifications must include (4) The penalties that may be imposed the identification number(s) of each affected the actual address of buildings (or parts of upon employees for drug abuse violations grant. buildings) or other sites where work under occurring in the workplace; [55 FR 21690, 21702, May 25, 1990] the grant takes place. Categorical descriptions (c) Making it a requirement that each may be used (e.g., all vehicles of a mass employee to be engaged in the performance Attachment F of the grant be given a copy of the statement transit authority or State highway department Certification Regarding Debarment, required by paragraph (a); while in operation, State employees in each Suspension and Other Responsibility (d) Notifying the employee in the statement local unemployment office, performers in Matters concert halls or radio studios). required by paragraph (a) that, as condition 7. If the workplace identified to the agency of employment under the grant, the employee Certification Regarding Debarment, changes during the performance of the grant, will— Suspension, and Other Responsibility the grantee shall inform the agency of the (1) Abide by the terms of the statement; Matters—Primary Covered Transactions change(s), if it previously identified the and Instructions for Certification workplaces in question (see paragraph five). (2) Notify the employer in writing of his or 8. Definitions of terms in the her conviction for a violation of a criminal 1. By signing and submitting this proposal, Nonprocurement Suspension and Debarment drug statute occurring in the workplace no the prospective primary participant is common rule and Drug-Free Workplace later than five calendar days after such providing the certification set out below. common rule apply to this certification. conviction; 2. The inability of a person to provide the certification required below will not Grantees’ attention is called, in particular, to (e) Notifying the agency in writing, within necessarily result in denial of participation in the following definitions from these rules: ten calendar days after receiving notice under this covered transaction. The prospective Controlled substance means a controlled paragraph (d)(2) from an employee or participant shall submit an explanation of substance in Schedules I through V of the otherwise receiving actual notice of such why it cannot provide the certification set Controlled Substances Act (21 U.S.C. 812) conviction. Employers of convicted out below. The certification or explanation and as further defined by regulation (21 CFR employees must provide notice, including will be considered in connection with the 1308.11 through 1308.15); position title, to every grant officer or other department or agency’s determination Conviction means a finding of guilt designee on whose grant activity the whether to enter into this transaction. (including a pea of nolo contendere) or convicted employee was working, unless the However, failure of the prospective primary imposition of sentence, or both, by any Federal agency has designated a central point participant to furnish a certification or an judicial body charged with the responsibility for the receipt of such notices. Notice shall explanation shall disqualify such person to determine violations of the Federal or include the identification number(s) of each from participation in this transaction. State criminal drug statutes; affected grant; 3. The certification in this clause is a Criminal drug statute means a Federal or (f) Taking one of the following actions, material representation of fact upon which non-Federal criminal statute involving the within 30 calendar days of receiving notice reliance was placed when the department or manufacture, distribution, dispensing, use, or under paragraph (d)(2), with respect to any agency determined to enter into this possession of any controlled substance; employee who is so convicted— transaction. If it is later determined that the Employee means the employee of a grantee (1) Taking appropriate personnel action prospective primary participant knowingly directly engaged in the performance of work against such an employee, up to and rendered an erroneous certification, in under a grant, including: (i) All direct charge including termination, consistent with the addition to other remedies available to the employees; (ii) All indirect charge employees requirements of the Rehabilitation Act of Federal Government, the department or unless their impact or involvement is 1973, as amended; or agency may terminate this transaction for insignificant to the performance of the grant; (2) Requiring such employee to participate cause or default. and, (iii) Temporary personnel and satisfactorily in a drug abuse assistance or 4. The prospective primary participant consultants who are directly engaged in the rehabilitation program approved for such shall provide immediate written notice to the

VerDate 06-OCT-99 20:04 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4701 Sfmt 4703 E:\FR\FM\12OCN2.XXX pfrm08 PsN: 12OCN2 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55363 department or agency to which this proposal terminate this transaction for cause or person to which this proposal is submitted is submitted if at any time the prospective default. for assistance in obtaining a copy of those primary participant learns that its Certification Regarding Debarment, regulations. certification was erroneous when submitted Suspension, and Other Responsibility 5. The prospective lower tier participant or has become erroneous by reason of Matters—Primary Covered Transactions agrees by submitting this proposal that, changed circumstances. [[Page 33043]] should the proposed covered 5. The terms covered transaction, debarred, (1) The prospective primary participant transaction be entered into, it shall not suspended, ineligible, lower tier covered certifies to the best of its knowledge and knowingly enter into any lower tier covered transaction, participant, person, primary belief, that it and its principles: transaction with a person who is proposed covered transaction, principal, proposal, and (a) Are not presently debarred, suspended, for debarment under 48 CFR part 9, subpart voluntarily excluded, as used in this clause, proposed for debarment, declared ineligible, 9.4, debarred, suspended, declared ineligible, have the meanings set out in the Definitions or voluntarily excluded by any Federal or voluntarily excluded from participation in and Coverage sections of the rules department or agency: this covered transaction, unless authorized implementing Executive Order 12549. You (b) Have not within a three-year period by the department or agency with which this may contact the department or agency to preceding this proposal been convicted of or transaction originated. which this proposal is being submitted for had a civil judgment rendered against them 6. The prospective lower tier participant assistance in obtaining a copy of those for commission of fraud or a criminal offense further agrees by submitting this proposal regulations. in connection with obtaining, attempting to that it will include this clause titled 6. The perspective primary participant obtain, or performing a public (Federal, State ‘‘Certification Regarding Debarment, agrees by submitting this proposal that, or local) transaction or contract under a Suspension, Ineligibility and Voluntary should the proposed covered transaction be public transaction; violation of Federal or Exclusion-Lower Tier Covered Transaction,’’ entered into, it shall not knowingly enter into State antitrust statutes or commission of without modification, in all lower tier any lower tier covered transaction with a embezzlement, theft, forgery, bribery, covered transactions and in all solicitations person who is proposed for debarment under falsification or destruction of records, making for lower tier covered transactions. 48 CFR part 9, subpart 9.4, debarred, false statements, or receiving stolen property; 7. A participant in a covered transaction suspended, declared ineligible, or voluntarily (c) Are not presently indicted for or may rely upon a certification of a prospective excluded from participation in this covered otherwise criminally or civilly charged by a participant in a lower tier covered transaction, unless authorized by the governmental entity (Federal, State or local) transaction that it is not proposed for department or agency entering into this with commission of any of the offenses debarment under 48 CFR part 9, subpart 9.4, transaction. enumerated in paragraph (1)(b) of this debarred, suspended, ineligible, or 7. The prospective primary participant certification; and voluntarily excluded from covered further agrees by submitting this proposal (d) Have not within a three-year period transactions, unless it knows that the that it will include the clause titled preceding this application/proposal had one certification is erroneous. A participant may ‘‘Certification Regarding Debarment, or more public transactions (Federal, State or decide the method and frequency by which Suspension, Ineligibility and Voluntary local) terminated for cause or default. it determines the eligibility of its principals. Exclusion-Lower Tier Covered Transaction,’’ (2) Where the prospective primary Each participant may, but is not required to, provided by the department or agency participant is unable to certify to any of the check the List of Parties Excluded from entering into this covered transaction, statements in this certification, such Federal Procurement and Nonprocurement without modification, in all lower tier prospective participant shall attach an Programs. covered transactions and in all solicitations explanation to this proposal. 8. Nothing contained in the foregoing shall for lower tier covered transactions. Certification Regarding Debarment, be construed to require establishment of a 8. A participant in a covered transaction Suspension, Ineligibility and Voluntary system of records in order to render in good may rely upon a certification of a prospective Exclusion—Lower Tier Covered Transactions faith the certification required by this clause. participant in a lower tier covered The knowledge and information of a transaction that it is not proposed for Instructions for Certification participant is not required to exceed that debarment under 48 CFR part 9, subpart 9.4, 1. By signing and submitting this proposal, which is normally possessed by a prudent debarred, suspended, ineligible, or the prospective lower tier participant is person in the ordinary course of business voluntarily excluded from the covered providing the certification set out below. dealings. transaction, unless it knows that the 2. The certification in this clause is a 9. Except for transactions authorized under certification is erroneous. A participant may material representation of fact upon which paragraph 5 of these instructions, if a decide the method and frequency by which reliance was placed when this transaction participant in a covered transaction it determines the eligibility of its principals. was entered into. If it is later determined that knowingly enters into a lower tier covered Each participant may, but is not required to, the prospective lower tier participant transaction with a person who is proposed for debarment under 48 CFR part 9, subpart check the List of Parties Excluded from knowingly rendered an erroneous 9.4, suspended, debarred, ineligible, or Federal Procurement and Nonprocurement certification, in addition to other remedies voluntarily excluded from participation in Programs. available to the Federal Government the this transaction, in addition to other 9. Nothing contained in the foregoing shall department or agency with which this remedies available to the Federal be construed to require establishment of a transaction originated may pursue available Government, the department or agency with system of records in order to render in good remedies, including suspension and/or which this transaction originated may pursue faith the certification required by this clause. debarment. available remedies, including suspension The knowledge and information of a 3. The prospective lower tier participant and/or debarment. participant is not required to exceed that shall provide immediate written notice to the which is normally possessed by a prudent person to which this proposal is submitted if Certification Regarding Debarment, person in the ordinary course of business at any time the prospective lower tier Suspension, Ineligibility an Voluntary dealings. participant learns that its certification was Exclusion—Lower Tier Covered Transactions 10. Except for transactions authorized erroneous when submitted or had become (1) The prospective lower tier participant under paragraph 6 of these instructions, if a erroneous by reason of changed certifies, by submission of this proposal, that participant in a covered transaction circumstances. neither it nor its principals is presently knowingly enters into a lower tier covered 4. The terms covered transaction, debarred, debarred, suspended, proposed for transaction with a person who is proposed suspended, ineligible, lower tier covered debarment, declared ineligible, or voluntarily for debarment under 48 CFR part 9, subpart transaction, participant, person, primary excluded from participation in this 9.4, suspended, debarred, ineligible, or covered transaction, principal, proposal, and transaction by any Federal department or voluntarily excluded from participation in voluntarily excluded, as used in this clause, agency. this transaction, in addition to other have the meaning set out in the Definitions (2) Where the prospective lower tier remedies available to the Federal and Coverage sections of rules implementing participant is unable to certify to any of the Government, the department or agency may Executive Order 12549. You may contact the statements in this certification, such

VerDate 06-OCT-99 20:04 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4703 E:\FR\FM\12OCN2.XXX pfrm08 PsN: 12OCN2 55364 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices prospective participant shall attach an FAX: (850) 414–0479 Mississippi explanation to this proposal. Contact: Cherie Trainor Cathy Mallette (850) 414–5495 Attachment G Clearinghouse Officer Georgia Department of Finance and Administration State Single Point of Contact Listing 550 High Street Maintained by OMB Deborah Stephens 303 Walters Sillers Building Coordinator Jackson, Mississippi 39201–3087 In accordance with Executive Order Georgia State Clearinghouse #12372, ‘‘Intergovernmental Review of Telephone: (601) 359–6762 270 Washington Street, S.W.—8th Floor FAX: (601) 359–6758 Federal Programs,’’ Section 4, ‘‘the Office of Atlanta, Georgia 30334 Management and Budget (OMB) shall Telephone: (404) 656–3855 Missouri maintain a list of official State entities FAX: (404) 656–7901 designated at the States to review and Lois Pohl coordinate proposed Federal financial Illinois Federal Assistance Clearinghouse assistance and direct Federal development.’’ Office of Administration Virginia Bova, State Single Point of Contact P.O. Box 809 This attached listing is the OFFICIAL OMB Illinois Department of Commerce and LISTING. This listing is also published in the Jefferson Building, 9th Floor Community Affairs Jefferson City, Missouri 65102 Catalogue of Federal Domestic Assistance James R. Thompson Center biannually. Telephone: (314) 751–4834 100 West Randolph, Suite 3–400 FAX: (314) 751–7819 August 23, 1999 Chicago, Illinois 60601 OMB State Single Point of Contact Listing* Telephone: (312) 814–6028 Nevada FAX (312) 814–1800 Department of Administration Arizona Indiana State Clearinghouse Joni Saad 209 E. Musser Street, Room 220 Arizona State Clearinghouse Renee Miller Carson City, Nevada 89710 3800 N. Central Avenue State Budget Agency Telephone: (702) 687–4065 Fourteenth Floor 212 State House FAX: (702) 687–3983 Phoenix, Arizona 85012 Indianapolis, Indiana 46204–2796 Contact: Heather Elliot Telephone: (602) 280–1315 Telephone: (317) 232–2971 (directline) (702) 687–6367 FAX: (602) 280–8144 FAX: (317) 233–3323 New Hampshire Iowa Arkansas Jeffrey H. Taylor Mr. Tracy L. Copeland Steven R. McCann Director, New Hampshire Office of State Manager, State Clearinghouse Division for Community Assistance Planning Office of Intergovernmental Services Iowa Department of Economic Attn: Intergovernmental Review Process Department of Finance and Administration Development Mike Blake 200 East Grand Avenue 515 W. 7th St., Room 412 21⁄2 Beacon Street Little Rock, Arkansas 72203 Des Monies, Iowa 50309 Concord, New Hampshire 03301 Telephone: (501) 682–1074 Telephone: (515) 242–4719 Telephone: (603) 271–2155 FAX: (501) 682–5206 FAX: (515) 242–4809 FAX: (603) 271–1728 California Kentucky New Mexico Grants Coordination Kevin J. Goldsmith, Director Nick Mandell State Clearinghouse Sandra Brewer, Executive Secretary Local Government Division Office of Planning & Research Intergovernmental Affairs Room 201 Bataan Memorial Building 1400 Tenth Street, Room 121 Office of the Governor Santa Fe, New Mexico 87503 Sacramento, California 95814 700 Capitol Avenue Telephone: (505) 827–3640 Telephone: (916) 445–0613 Frankfort, Kentucky 40601 Fax: (505) 827–4984 FAX: (916) 323–3018 Telephone: (502) 564–2611 FAX: (502) 564–0437 New York Delaware Maine New York State Clearinghouse Francine Booth Division of the Budget State Single Point of Contact Joyce Benson State Capitol Executive Department State Planning Office Albany, New York 12224 Office of the Budget 184 State Street Telephone: (518) 474–1605 540 S. Dupont Highway 38 State House Station FAX: (518) 486–5617 Suite 5 Augusta, Maine 04333 Dover, Delaware 19901 Telephone: (207) 287–3261 North Carolina Telephone: (302) 739–3326 FAX: (207) 287–6489 Jeanette Furney North Carolina Department of Administration FAX: (302) 739–5661 Maryland 116 West Jones Street—Suite 5106 District of Columbia Linda Janey Raleigh, North Carolina 27603–8003 Charles Nichols Manager, Plan & Project Review Telephone: (919) 733–7232 State Single Point of Contact Maryland Officer of Planning FAX: (919) 733–9571 Office of Grants Mgmt. & Dev. 301 W. Preston Street—Room 1104 717 14th Street, N.W. Suite 1200 Baltimore, Maryland 21201–2365 North Dakota Washington, D.C. 20005 Staff Contact: Linda Janey North Dakota Single Point of Contact Telephone: (202) 727–1700 (direct) Telephone: (410) 767–4490 Office of Intergovernmental Assistance (202) 727–6537 (secretary) FAX: (410) 767–4480 600 East Boulevard Avenue FAX: (202) 727–1617 Bismarck, North Dakota 58505–0170 Michigan Telephone: (701) 224–2094 Florida Richard Pfaff FAX: (701) 225–2308 Florida State Clearinghouse Southeast Michigan Council of Governments Department of Community Affairs 660 Plaza Drive—Suite 1900 Rhode Island 2555 Shumard Oak Blvd. Detroit, Michigan 48226 Kevin Nelson Tallahassee, Florida 32399–2100 Telephone: (313) 961–4266 Review Coordinator Telephone: (850) 922–5438 FAX: (313) 961–4869 Department of Administration

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Division of Planning Chairman officer or employee of an agency, a Member One Capitol Hill, 4th Floor Puerto Rico Planning Board of Congress, an officer or employee of Providence, Rhode Island 02908–5870 Federal Proposals Review Office Congress, or an employee of a Member of Telephone: (401) 277–2656 Minillas Government Center Congress in connection with the awarding of FAX: (401) 277–2083 P.O. Box 41119 any Federal contract, the making of any San Juan, Puerto Rico 00940–1119 South Carolina Federal grant, the making of any Federal Telephone: (787) 727–4444 loan, the entering into of any cooperative Omeagia Burgess FAX: (787) 724–3270 agreement, and the extension, continuation, State Single Point of Contact renewal, amendment, or modification of any Budget and Control Board North Mariana Islands Federal contract, grant, loan, or cooperative Office of State Budget Mr. Alvaro A. Santos, Executive Officer agreement. 1122 Ladies Street—12th Floor Office of Management and Budget (2) If any funds other than Federal Columbia, South Carolina 29201 Office of the Governor appropriated funds have been paid or will be Telephone: (803) 734–0494 Saipan, MP 96950 paid to any person for influencing or FAX: (803) 734–0645 Telephone: (670) 664–2256 attempting to influence an officer or FAX: (670) 664–2272 Texas employee of any agency, a Member of Contact person: Ms. Jacoba T. Seman Congress, an officer or employee of Congress, Tom Adams Federal Programs Coordinator Governors Office Telephone: (670) 664–2289 or an employee of a Member of Congress in Director, Intergovernmental Coordination FAX: (670) 664–2272 connection with this Federal contract, grant, P.O. Box 12428 loan, or cooperative agreement, the Austin, Texas 78711 Virgin Islands undersigned shall complete and submit Telephone: (512) 463–1771 Nellon Bowry Standard Form–LLL, ‘‘Disclosure Form to FAX: (512) 936–2681 Director, Office of Management and Budget Report Lobbying,’’ in accordance with its Utah #41 Norregade Emancipation Garden instructions. Station, Second Floor (3) The undersigned shall require that the Carolyn Wright Saint Thomas, Virgin Islands 00802 language of this certification be included in Utah State Clearinghouse the award documents for all subawards at all Office of Planning and Budget Please direct all questions and tiers (including subcontracts, subgrants, and Room 116 State Capitol correspondence about intergovernmental contracts under grants, loans, and Salt Lake City, Utah 84114 review to: Linda Clarke, Telephone: (809) Telephone: (801) 538–1027 774–0750, FAX: (809) 776–0069. cooperative agreements) and that all subrecipients shall certify and disclose FAX: (801) 538–1547 If you would like a copy of this list faxed accordingly. This certification is a material West Virginia to your office, please call our publications office at: (202) 395–9068. representation of fact upon which reliance Fred Cutlip, Director was placed when the transaction was made In accordance with Executive Order Community Development Division or entered into. Submission of this # 12372, ‘‘Intergovernmental Review of W. Virginia Development Office certification is a prerequisite for making or Building #6, Room 553 Federal Programs,’’ this listing represents the entering into this transaction imposed by designated State Single Points of Contact. Charleston, West Virginia 25305 section 1352, title 31, U.S. Code. Any person The jurisdictions not listed no longer Telephone: (304) 558–4010 who fails to file the required certification participate in the process BUT GRANT FAX: (304) 558–3248 shall be subject to a civil penalty of not less APPLICANTS ARE STILL ELIGIBLE TO than $10,000 and not more than $100,000 for Wisconsin APPLY FOR THE GRANT EVEN IF YOUR each such failure. Jeff Smith STATE, TERRITORY, COMMONWEALTH, Section Chief, Federal/State Relations ETC DOES NOT HAVE A ‘‘STATE SINGLE Statement for Loan Guarantees and Loan Wisconsin Department of Administration POINT OF CONTACT.’’ STATES WITHOUT Insurance 101 East Wilson Street—6th Floor ‘‘STATE SINGLE POINTS OF CONTACT’’ The undersigned states, to the best of his P.O. Box 7868 INCLUDE: Alabama, Alaska; American or her knowledge and belief, that: Madison, Wisconsin 53707 Samoa; Colorado; Connecticut; Hawaii; If any funds have been paid or will be paid Telephone: (608) 266–0267 Idaho; Kansas; Louisiana; Massachusetts, to any person for influencing or attempting FAX: (608) 267–6931 Minnesota; Montana; Nebraska; New Jersey; to influence an officer or employee of any Ohio; Oklahoma; Oregon; Palau; Wyoming agency, a Member of Congress, an officer or Pennsylvania; South Dakota; Tennessee; employee of Congress, or an employee of a Sandy Ross Vermont, Virginia; and Washington. This list Member of Congress in connection with this State Single Point of Contact is based on the most current information commitment providing for the United States Department of Administration and provided by the States. Information on any to insure or guarantee a loan, the Information changes or apparent errors should be undersigned shall complete and submit 2001 Capitol Avenue, Room 214 provided to the Office of Management and Standard Form–LLL, ‘‘Disclosure Form to Cheyenne, WY 82002 Budget and the State in question. Changes to Report Lobbying,’’ in accordance with its Telephone: (307) 777–5492 the list will only be made upon formal instructions. Submission of this statement is FAX: (307) 777–3696 notification by the State. Also, this listing is a prerequisite for making or entering into this TERRITORIES published biannually in the Catalogue of Federal Domestic Assistance. transaction imposed by section 1352, title 31, Guam U.S. Code. Any person who fails to file the required statement shall be subject to a civil Joseph Rivera Attachment H penalty of not less than $10,000 and not more Acting Director CERTIFICATION REGARDING LOBBYING Bureau of Budget and Management Research than $100,000 for each such failure. Certification for Contracts, Grants, Loans, and Office of the Governor lllllllllllllllllllll Cooperative Agreements P.O. Box 2950 Signature Agana, Guam 96932 The undersigned certifies, to the best of his lllllllllllllllllllll Telephone: (671) 475–9411 or 9412 or her knowledge and belief, that: Title FAX: (671) 472–2825 (1) No Federal appropriated funds have lllllllllllllllllllll been paid or will be paid, by or on behalf of Organization Puerto Rico the undersigned, to any person for Jose Caballero-Mercado influencing or attempting to influence an BILLING CODE 4184±01±M

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BILLING CODE 4184±01±C

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Instructions for Completion of SF–LLL, 10. (a) Enter the full name, address, city, Phone: (501) 682–8650 Disclosure of Lobbying Activities State and zip code of the lobbying registrant FAX: (501) 682–6836 This disclosure form shall be completed by under the Lobbying Disclosure Act of 1995 C the reporting entity, whether subawardee or engaged by the reporting entity identified in prime Federal recipient, at the initiation or item 4 of influence the covered Federal Mr. Grantland Johnson receipt of a covered Federal action, or a action. Secretary material change to a previous filing, pursuant (b) Enter the full names of the individual(s) California Health and Welfare Agency to title 31 U.S.C. section 1352. The filing of performing services, and include full address 1600 Ninth Street, Room 460 a form is required for each payment or if different from 10(a). Enter Last Name, First Sacramento, CA 95814 agreement to make payment to any lobbying Name, and Middle Initial (MI). Phone: (916) 654–3345 entity for influencing or attempting to 11. The certifying official shall sign and FAX: (916) 654–3343 influence an officer or employee of any date the form, print his/her name, title, and Mrs. Marva Livingston Hammons agency, a Member of Congress, an officer or telephone number. Executive Director employee of Congress, or an employee of a According to the Paperwork Reduction Colorado Department of Human Services Member of Congress in connection with a Act, as amended, no persons are required to 1575 Sherman Street, 8th Floor covered Federal action. Complete all items respond to a collection of information unless Denver, CO 80203–1714 that apply for both the initial filing and it displays a valid OMB Control Number. The Phone: (303) 866–5096 material change report. Refer to the valid OMB control number for this FAX: (303) 866–4740 information collection is OMB No. 0348– implementing guidance published by the Ms. Patricia A. Wilson-Coker Office of Management and Budget for 0046. Public reporting burden for this collection of information is estimated to Commissioner additional information. Connecticut Department of Social Services 1. Identify the type of covered Federal average 10 minutes per response, including 25 Sigourney Street action for which lobbying activity is and/or time for reviewing instructions, searching Hartford, CT 06106 has been secured to influence the outcome of existing data sources, gathering and Phone: (860) 424–5008 a covered Federal action. maintaining the data needed, and completing FAX: (860) 424–4960 2. Identify the status of the covered Federal and reviewing the collection of information. action. Send comments regarding the burden D 3. Identify the appropriate classification of estimate or any other aspect of this collection this report. It this is a followup report caused of information, including suggestions for Dr. Gregg C. Sylvester by a material change to the information reducing this burden, to the Office of Secretary previously reported, enter the year and Management and Budget, Paperwork Delaware Department of Health & Social quarter in which the change occurred. Enter Reduction Project (0348–0046), Washington, Services the date of the last previously submitted DC 20503. to the Office of Management and Herman M. Holloway Campus Administration Building, 1st floor report by this reporting entity for this Budget, Paperwork Reduction Project (0348– 1901 N. DuPont Highway covered Federal action. 0046), Washington, DC 20503. 4. Enter the full name, address, city, State New Castle, DE 19720 and zip code of the reporting entity. Include Attachment I Phone: (302) 577–4500 Congressional District, if known. Check the FAX: (302) 577–4510 State Human Services Administrators appropriate classification of the reporting Mrs. Jearline Williams entity that designates if it is, or expects to be, A Director a prime or subaward recipient. Identify the Mr. Tony Petelos D.C. Department of Human Services tier of the subawardee, e.g., the first Commissioner 801 East Building subawardee of the prime is the 1st tier. Alabama State Department of Human 2700 Martin Luther King, Jr. Avenue Subawards include but are not limited to Resources Washington, DC 20032 subcontracts, subgrants and contract awards 50 Ripley Street Phone: (202) 279–6002 under grants. Montgomery, AL 36130–4000 FAX: (202) 279–6014 5. If the organization filing the report in item 4 checks ‘‘Subawardee,’’ then enter the Phone: (334) 242–1160 F FAX: (334) 242–0198 full name, address, city, State and zip code Judge Kathleen Kearney of the prime Federal recipient. Include Ms. Karen Perdue Secdretary Congressional District, if known. Commissioner Florida Department of Children and Families 6. Enter the name of the Federal agency Alaska Department of Health and Social Building 1, Room 202 making the award or loan commitment. Services 1317 Winewood Boulevard Include at least one organizational level P.O. Box 110601 Tallahassee, FL 32399–0700 below agency name, if known. For example, Juneau, AK 99811–0601 Phone: (850) 487–1111 Department of Transportation, United States Phone: (907) 465–3030 FAX: (850) 922–2993 Coast Guard. FAX: (907) 465–3068 Mr. Robert G. Brooks 7. Enter the Federal program name or Ms. Marie Ma’o description of the covered Federal action Secretary Director Florida Department of Health (item 1). If known, enter the full Catalog of American Samoa Department of Social Federal Domestic Assistance (CFDA) number 2020 Capital Circle, S.E., BIN 800 Services Tallahassee, FL 32399–0701 of grants, cooperative agreements, loans, and Pago Pago, AS 96799 loan commitments. Phone: (850) 487–2945 Phone: 011 (684) 633–2969 FAX: (850) 487–3729 8. Enter the most appropriate Federal FAX: 011 (684) 633–7449 identifying number available for the Federal G action identified in item 1 (e.g., Request for Mr. John L. Clayton Proposal (RFP) number; Invitation for Bid Director Ms. Audrey Horne (IFB) number; grant announcement number; Arizona Department of Economic Security Commissioner the contract, grant, or loan award number; P.O. Box 6123, Site Code 010A Georgia Department of Human Resources the application/proposal control number Phoenix, AZ 85005 2 Peach Tree Street, N.W., Suite 29–250 assigned by the Federal agency). Include Phone: (602) 542–5678 Atlanta, GA 30303 prefixes, e.g., ‘‘RFP–DE–90–001.’’ FAX: (602) 542–5339 Phone: (404) 656–5680 9. For a covered Federal action where there Mr. Kurt Knickrehm FAX: (404) 651–8669 has been an award of loan commitment by Director Mr. Dennis G. Rodriguez the Federal agency, enter the Federal amount Arkansas Department of Human Services Director of the award/loan commitment for the prime P.O. Box 1437—Suite 329 Guam Department of Public Health and entity identified in item 4 or 5. Little Rock, AR 72203–1437 Social Services

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P.O. Box 2816 Maine Department of Human Services FAX: (402) 471–0820 Agana, GU 96932 11 Statehouse Station Ms. Charlotte Crawford Phone: 011 (671) 734–7102 221 State Street Director FAX: 011 (671) 734–5910 Augusta, ME 04333 Nevada Department of Human Resources Phone: (207) 287–3106 H 505 East King Street, Suite 600 FAX: (207) 287–3005 Carson City, NV 89710 Ms. Susan Chandler Ms. Lynda G. Fox Phone: (775) 684–4000 Director Secretary FAX: (775) 684–4010 Hawaii Department of Human Services Maryland Department of Human Resources Mr. Donald L. Shumway P.O. Box 339 Saratoga State Center Honolulu, HI 96809–0339 Commissioner 311 West Saratoga Street New Hampshire Department of Health and Phone: (808) 586–4997 Baltimore, MD 21201 FAX: (808) 586–4890 Human Services Phone: (410) 767–71109 129 Pleasant Street I FAX: (410) 333–0099 Concord, NH 03301 Mr. Karl Kurtz Mr. William O’Leary Phone: (603) 271–4334 Director Commissioner FAX: (603) 271–4912 Idaho Department of Health and Welfare Massachusetts Department of Social Services Ms. Michelle Guhl P.O. Box 83720 24 Farnsworth Street Commissioner Boise, ID 83720–0036 Boston, MA 02210 New Jersey Department of Human Services Phone: (208) 334–5500 Phone: (617) 727–0900 222 South Warren Street FAX: (208) 334–6558 FAX: (617) 439–4482 Trenton, NJ 08625–0700 Mr. Howard Peters Ms. Claire McIntire Phone: (609) 292–3717 Secretary Commissioner FAX: (609) 292–3824 Massachusetts Department of Transitional Illinois Department of Human Services Mr. Alex Valdez Assistance Harris Building, 3rd floor Secretary 600 Washington Street 100 South Grand Avenue, East New Mexico Human Services Department Boston, MA 02111 Springfiled, IL 62762 P.O. Box 2348 Phone: (617) 348–8400 Phone: (217) 557–1602 Santa Fe, NM 87504–2348 FAX: (617) 348–8575 FAX: (217) 557–1647 Phone: (505) 827–7750 Mr. Peter Sybinsky Mr. Douglas Howard FAX: (505) 827–6286 Director Secretary Mr. Brian Wing Michigan Family Independence Agency Indiana Family and Social Services Commissioner Administration 235 South Grand Avenue Lansing, MI 48909 New York State Office of Temporary and 402 West Washington Street, Room W–461 Disability Assistance Indianapolis, IN 46207–7083 Phone: (517) 373–2000 FAX: (617) 335–6101 40 North Pearl Street Phone: (317) 233–4452 Albany, NY 12243 FAX: (317) 233–4693 Mr. Michael O’Keefe Phone: (518) 473–9772 and 474–9475 Ms. Jessie Rasmussen Commissioner FAX: (518–6255 Minnesota Department of Human Services Director Mr. John A. Johnson Iowa Department of Human Services 444 Lafayette Road St. Paul, MN 55155–3815 Commissioner 5th floor, Hoover State Office Building New York State Office of Children Des Moines, IA 50319 Phone: (651) 296–2701 FAX: (651) 296–5868 and Family Services Phone: (515) 281–5452 52 Washington Street Mr. Donald Taylor FAX: (515) 281–4597 Rensselaer, NY 12144 Executive Director Phone: (518) 473–8437 K Missippi Department of Human Services FAX: (518) 473–9131 Ms. Rochelle B. Cronister 750 North State Street Secretary Jackson, MS 39202 Mr. James McGowan Kansas Department of Social and Phone: (601) 359–4480 Commissioner Rehabilitation Services FAX: (601) 359–4477 New York State Department of Labor State Campus, Building 12 Docking State Office Building, 6th floor Mr. Gary J. Stangler Albany, NY 12240 915 Harrison Street Director Phone: (518) 457–2741 Topeka, KS 66612–1570 Missouri Department of Social Services Phone: (785) 296–3271 Broadway State Office Building FAX: (518) 457–6908 FAX: (785) 296–4685 221 W. High Street Dr. H. David Bruton Ms. Viola P. Miller Jefferson City, MO 65102 Secretary Secretary Phone: (573) 751–4815 North Carolina Department of Health and Kentucky Cabinet for Families and Children FAX: (573) 751–3203 Human Services 275 East Main Street, 4th floor West Ms. Laurie Ekanger 101 Blair Drive Frankfort, KY 40621 Director Raleigh, NC 27603 Phone: (502) 564–7130 Montana Department of Public Health and Phone: (919) 733–4534 FAX: (502) 564–3866 Human Services FAX: (919) 715–4645 P.O. Box 4210 Ms. Carol K. Olson L Helena, MT 59604–4210 Executive Director Ms. Gwendolyn P. Hamilton Phone: (406) 444–5622 North Dakota Department of Human Services Secretary FAX: (406) 444–1970 State Capitol—Judicial Wing—Dept. 325 Louisiana Department of Social Services 600 East Boulevard P.O. Box 3776 N Bismarck, ND 58505 Baton Rouge, LA 70821 Mr. Ron Ross Phone: (701) 328–2310 Phone: (504) 342–0286 Director FAX: (701) 328–1545 FAX: (504) 342–8636 Nebraska Department of Health and Human Services O M P.O. Box 95044 Ms. Jacqueline Romer-Sensky Mr. Kevin W. Concannon Lincoln, NE 68509–5044 Director Commissioner Phone: (402) 471–9106 Ohio Department of Human Services

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30 East Broad Street, 32nd Floor FAX: (512) 538–4220 Phone: (608) 266–9622 Columbus, OH 43266–0423 Ms. Diane D. Rath FAX (608) 266–7882 Phone: (614) 466–6282 Chair and Commissioner Representing the Ms. Shirley R. Carson FAX: (614) 466–2815 Public Director Mr. Howard A. Hendrick Texas Work Force Commission Wyoming Department of Family Services Director 101 East 15th Street Hathaway Building, 3rd floor Oklahoma Department of Human Services Austin, TX 78778 2300 Capitol Avenue P.O. Box 25352 Phone: (512) 463–2222 Cheyenne, WY 82002–0490 Oklahoma City, OK 73125 FAX: (512) 475–2321 Phone: (307) 777–7561 Phone: (405) 521–3646 FAX: (307) 777–7747 FAX: (405) 521–6458 U Mr. Gary Weeks Mrs. Robin Arnold-Williams Attachment J Director Director Utah Department of Human Services Certification Regarding Environmental Oregon Department of Human Resources Tobacco Smoke 500 Summer Street, N.E. P.O. Box 45599 Salem, OR 97310–1012 Salt Lake City, UT 94114–0250 Public Law 103227, Part C Environmental Phone: (503) 945–5944 Phone: (801) 538–3998 Tobacco Smoke, also known as the Pro FAX: (503) 378–2897 FAX: (801) 538–4016 Children Act of 1994, requires that smoking Mr. Robert C. Gross not be permitted in any portion of any indoor P Executive Director routinely owned or leased or contracted for Ms. Feather O. Houstoun Utah Department of Workforce Services by an entity and used routinely or regularly Secretary 140 E. Third Street South for provision of health, day care, education, Pennsylvania Department of Public Welfare Salt Lake City, UT 84114 or library services to children under the age P.O. Box 2675 Phone: (801) 536–7400 of 18, if the services are funded by Federal Harrisburg, PA 17105–2675 FAX: (801) 526–9211 programs either directly or through State or Phone: (717) 787–2600 local governments, by Federal grant, contract, FAX: (717) 772–2062 V loan, or loan guarantee. The law does not Ms. Angie Varela-Llavona Mr. Cornelius Hogan apply to children’s services provided in Secretary Secretary private residences, facilities funded solely by Puerto Rico Department of The Family Vermont Agency of Human Services Medicare or Medicaid funds, and portions of P.O. Box 11398 103 South Main Street facilities used for inpatient drug or alcohol San Juan, PR 00910–1398 Waterbury, VT 05671–0204 treatment. Failure to comply with the Phone: (787) 723–8722 Phone: (802) 241–2220 provisions of the law may result in the FAX: (787) 723–1223 FAX: (802) 241–2979 imposition of a civil monetary penalty of up to $1000 per day and/or the imposition of an R Ms. Sedonia Halbert Acting Commissioner administrative compliance order on the Ms. Chistine Fereguson Virgin Islands Department of Human responsible entity. By signing and submitting Director Services this application the applicant/grantee Rhode Island Department of Human Services Knudhansen Complex Building A certifies that it will comply with the 600 New London Avenue 1304 Hospital Grounds requirements of the Act. Cranston, RI 02920 St. Thomas, VI 00802 The applicant/grantee further agrees that it Phone: (401) 464–2121 Phone: (809) 774–1166 will require the language of this certification FAX: (401) 463–3677 FAX: (809) 774–3466 be included in any subawards which contain provisions for the children’s services and that S Mr. Clarence H. Carter all subgrantees shall certify accordingly. Ms. Elizabeth G. Patterson, J.D. Commissioner Director Virginia Department of Social Services Attachment K South Carolina Department of Social Services 730 East Broad Street, 9th floor DHHS Regulations Applying to All P.O. Box 1520 Richmond, VA 23219–1849 Applicants/ Grantees Under the Job Columbia: SC 29202–1520 Phone: (804) 692–1900 Opportunities for Low-Income Individuals Phone: (803) 898–7360 FAX: (804) 692–1964 (JOLI) Program FAX: (803) 898–7277 W Title 45 of the Code of Federal Regulations: Mr. James W. Ellenbecker Mr. Lyle Quasim Secretary Secretary Part 16—Department of Grant Appeals South Dakota Department of Social Services Washington Department of Social and Health Process 700 Governors Drive Services Part 74—Administration of Grants (grants Pierre, SD 57501–2291 P.O. Box 45010 and sub-grants to entities) Phone: (605) 773–5990 Olympia, WA 98504–5010 Part 75—Informal Grant Appeal Procedures FAX: (605) 773–5483 Phone: (360) 902–7800 Part 76—Debarment and Suspension from T FAX: (360) 902–7848 Eligibility for Financial Assistance Ms. Natasha Metcalf Ms. Joan E. Ohl Subpart F—Drug Free Workplace Commissioner Secretary Requirements Tennessee Department of Human Services West Virginia Department of Health and Part 80—Non-Discrimination Under Citizens Plaza Building, 15th Floor Human Resources Programs Receiving Federal Assistance 400 Deaderick Street State Capitol Complex Building 3, Room 206 through the Department of Health and Nashville, TN 37248–0001 1900 Kanawha Boulevard, East Human Services Effectuation of Title VI Phone: (615) 313–4700 Charleston, WV 25305–0500 of the Civil Rights Act Of 1964 FAX: (615) 741–4165 Phone: (304) 558–0684 Part 81—Practice and Procedures for Mr. Eric M. Bost FAX: (304) 558–1130 Hearings Under Part 80 of this Title Commissioner Mr. Joseph Leean Part 83—Regulation for the Administration Texas Department of Human Services Secretary and Enforcement of Sections 799A and 701 West 51st Street Wisconsin Department of Health and Family 845 of the Public Health Service Act P.O. Box 149030 Services Part 84—Non-discrimination on the Basis of Austin, TX 78714–9030 P.O. Box 7850 Handicap in Programs and Activities Phone: (512) 438–3030 Madison, WI 53707–7850 Receiving Federal Financial Assistance

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Part 85—Enforcement of Non-Discrimination d. Estimated Market Share and Sales: be prepared for the first three years of the on the Basis of Handicap in Programs or Describe the characteristics of the product or business’ operation: Activities Conducted by the Department service that will make it competitive in the a. Profit and Loss Forecasts—quarterly for of Health and Human Services current market. each year; Part 86—Nondiscrimination on the Basis of 4. Marketing Plan: The marketing plan b. Cash Flow Projections—quarterly for each Sex in Education Programs and must describe what is to be done, how it will year; Activities Receiving or Benefiting from be done and who will do it. The marketing c. Pro forma balance sheets—quarterly for Federal Financial Assistance plan should detail the product, pricing, each year; Part 91—Non-discrimination on the Basis of distribution, and promotion strategies that d. Initial sources of project funds; Age in Health and Human Services will be used to achieve the estimated market e. Initial uses of project funds; and Programs or Activities Receiving Federal share and sales projections. The plan should f. Any future capital requirements and Financial Assistance address the following topics—Overall sources. Marketing Strategy, Packaging, Service and Part 92—Uniform Administrative 12. Facilities: If rearrangement or alteration Warranty, Pricing, Distribution and Requirements for Grants and Cooperative of existing facilities is required to implement Promotion. Agreements to States and Local the project, the applicant must describe and 5. Design and Development Plans: This Governments (Federal Register, March justify such changes and related costs. 11, 1988) section of the plan should cover items such Part 93—New Restrictions on Lobbying as Development Status, Tasks, Difficulties Attachment M Part 100—Intergovernmental Review of and Risks, Product Improvement, New Certification Regarding Maintenance of Department of Health and Human Products and Costs. If the product, process or Effort Services Programs and Activities service of the proposed venture requires any design and development before it is ready to In accordance with the applicable program Attachment L be placed on the market, the nature and statute(s) and regulation(s), the undersigned extent and cost of this work should be fully certifies that financial assistance provided by Business Plan discussed. the Administration for Children and The business plan is one of the major 6. Manufacturing and Operations Plan: A Families, for the specified activities to be components that will be evaluated by OCS to manufacturing and operations plan should performed under the llll Program by determine the feasibility of a jobs creation described the kind of facilities, plant llll (Applicant Organization), will be in project. A business plan must be included if, location, space, capital equipment and labor addition to, and not in substitution for, the applicant is proposing to establish a new force (part and/or full time and wage comparable activities previously carried on identified business, or if the applicant will be structure) that are required to provide the without Federal assistance. providing assistance to a private third party company’s product or service. lllllllllllllllllllll employer for the development or expansion 7. Management Team: This section must Signature of Authorized Certifying Official of a pre-identified business. include a description of: the key management lllllllllllllllllllll The following guidelines were written to personnel and their primary duties; Title cover a variety of possibilities regarding the compensation and/or ownership; the lllllllllllllllllllll requirements of a business plan. Rigid organizational structure; Board of Directors; adherence to them is not possible nor even management assistance and training needs; Date desirable for all projects. For example, a and, supporting professional services. The Attachment N business plan for a service business would management team is key in starting and not require discussion of manufacturing nor operating a successful business. The Alabama product designs. Therefore, the business management team should be committed with Carolyn Lapsley, Director plans should be prepared in accordance with a proper balance of technical, managerial and Department of Human Resources, Division of the following guidelines: business skills, and experience in operating Child Support 1. The business and its industry. This the proposed business. 50 Ripley Street section should describe the nature and 8. Overall Schedule: This section must Montgomery, AL 36130–1801 history of the business and include include a month-by-month schedule that IVD Director’s Phone: (334) 242–9300 IVD background on its industry. shows the timing of such major events, Director’s Fax: (334) 242–0606 a. The Business: as a legal entity; the activities and accomplishments involving In State Office Phone: 1–800–282–4347 (334) general business category; product development, market planning, sales 242–9300 b. Description and Discussion of Industry: programs, and production and operations. Nationwide Office Phone: Current status and prospects for the industry. Sufficient detail should be included to show Office Fax: (334) 242–0606 2. Products and Services: This section the correlation between the timing of the E-Mail: [email protected] deals with the following: primary tasks required to accomplish each a. Description: Describe in detail the activity. Alaska products or services to be sold; 9. Critical Risks and Assumptions: This Barbara Miklos, Director b. Proprietary Position: Describe section should include a description of the Child Support Enforcement Division proprietary features, if any, of the product, risks and critical assumptions/problems 550 West 7th Avenue, Suite 312 e.g. patents, trade secrets; and, relating to the industry, the venture, its Anchorage, AK 99501–6699 c. Potential: Features of the product or personnel, the product’s market appeal, and IVD Director’s Phone: (907) 269–6804 IVD service that may give it an advantage over the the timing and financing of the venture. Director’s Fax: (907) 269–6868 competition. Identify and discuss the critical assumptions/ In State Office Phone: (800) 478–3300 (907) 3. Market Research and Evaluation: This problems to overcome in the Business Plan. 269–6813 section should present sufficient information Major problems must clearly identify Nationwide Office Phone: to show that the product or service has a problems to be solved to develop the venture. Office Fax: (907) 269–6813 substantial market and can achieve sales in 10. Community Benefits: The applicant E-Mail: [email protected] the face of competition; should describe how the proposed project a. Customers: Describe the actual and will contribute to the local economy, American Somoa potential purchasers for the product or community and human economic Fainuulelei L Ala’ilma-Uta, Assistant service by market segment; development within the project’s target area. Attorney General b. Market Size and Trends: State the size 11. The Financial Plan: The Financial Plan Office of the Attorney General of the current total market for the product or is basic to the development of a Business P.O. Box 7 service offered; Plan. Its purpose is to indicate the project’s Pago Pago, AS 96799 c. Competition: An assessment of the potential and the timetable for financial self- IVD Director’s Phone: (684) 633–7161 or 633– strengths and weaknesses of competitive sufficiency of the business. In developing the 4163 IVD Director’s Fax: (684) 633–1838 products and services; and, Financial Plan, the following exhibits must In State Office Phone:

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Nationwide Office Phone: Herman Hallaway Campus (street addr: 1901 Nationwide Office Phone: Office Fax: North Dupont Hwy) Office Fax: P.O. Box 904 E–Mail: [email protected] Arizona New Castle, DE 19720 Nancy Mendoza, Director IVD Director’s Phone: (302) 577–4807 IVD Idaho Department of Economic Security, Division Director’s Fax: (302) 577–4873 Tamara Prisock, Chief of Child Support Enforcement In State Office Phone: (302) 577–4863 (302) Department of Health and Welfare, Bureau of P.O. Box 40458, Site Code 021A 577–4800 Child Support Services (Street Address: 3443 N. Central Avenue, 4th Nationwide Office Phone: P.O. Box 83720 Floor, Phoenix, AZ 85012) Office Fax: (302) 577–4873 (450 West State Street, 6th Floor Zip 83702) Phoenix, AZ 85067 E-Mail: [email protected] Boise, ID 83720–0036 IVD Director’s Phone: (602) 274–7646 IVD IVD Director’s Phone: (208) 334–5719 IVD Director’s Fax: (602) 274–8250 District of Columbia Director’s Fax: (208) 334–5817 In State Office Phone: (602) 252–4045 Phil Browning, Chief In State Office Phone: (208) 334–2479 Nationwide Office Phone: Office of Paternity and Child Support Nationwide Office Phone: (800) 356–9868 Office Fax: Enforcement Office Fax: (208) 334–0666 441 Fourth Street NW 5th Floor E–Mail: [email protected] Arkansas Washington, DC 20024–2480 Dan Mc Donald, Administrator IVD Director’s Phone: (202) 724–1548 IVD Illinois Office of Child Support Enforcement, Director’s Fax: (202) Robert Lyons, Administrator Division of Revenue In State Office Phone: (202) 724–1444 Illinois Department of Public Aid, Division of P.O. Box 8133 Nationwide Office Phone: Child Support Enforcement (712 W. 3rd Street ZIP 72201) Office Fax: 32 W. Randolph Street, Rm 923 Little Rock, AR 72203 E-Mail: DCIVD [email protected] Chicago, IL 60601 IVD Director’s Phone: (501) 682–6169 IVD IVD Director’s Phone: (217) 524–4602 IVD Director’s Fax: (501) 682–6002 Florida Director’s Fax: (217) 524–4608 In State Office Phone: (501) 682–8398 Lillie Bogan, Director In State Office Phone: (217) 524–4602 (800) Nationwide Office Phone: (800) 264–2445 Department of Revenue, Child Support 447–4278 (payments) (800) 247–4549 (program) Enforcement Program Nationwide Office Phone: Office Fax: (501) 682–6002 P.O. Box 8030 Office Fax: (217) 524–4608 E-Mail: [email protected] Tallahassee, FL 32314–8030 E–Mail: [email protected] IVD Director’s Phone: (850) 488–8733 IVD California Director’s Fax: (850) 921–0792 Indiana Bill Walsh, Acting Chief In State Office Phone: (850) 922–9590 Joe Mamlin, Director Office of Child Support Nationwide Office Phone: Child Support Bureau P.O. Box 944245 Office Fax: (850) 414–1698 402 West Washington Street, Rm W360 Sacramento, CA 95814 E-Mail: [email protected] Indianapolis, IN 46204 IVD Director’s Phone: (916) 654–1556 IVD IVD Director’s Phone: (317) 232–4877 IVD Director’s Fax: (916) 653–8690 Georgia Director’s Fax: (317) 233–4925 In State Office Phone: (916) 654–1532 (800) Martin Elmore, Director In State Office Phone: (317) 233–5437 952–5253 Department of Human Resources, Child Nationwide Office Phone: Nationwide Office Phone: Support Enforcement Office Fax: (317) 233–4932 Office Fax: (916) 657–3791 P.O. Box 38450 E–Mail: [email protected] E-Mail: [email protected] (2 Peachtree Street, N.W., Suite 15–107, Zip 30303) Iowa Colorado Atlanta, GA 30334–0450 Nancy Thoma, Director Pauline Burton, Director IVD Director’s Phone: (404) 657–3851/3856 Department of Human Services, Bureau of Department of Human Services, Division of IVD Director’s Fax: (404) 657–3326 Collections Child Support Enforcement In State Office Phone: (404) 657–3851 (800) Hoover Building—5th Floor 1575 Sherman Street, 2nd floor 227–7993 (for area codes 706 and 912) (for Des Moines, IA 50319 Denver, CO 80203–1714 404 and 770 dial c) IVD Director’s Phone: (515) 281–8886 IVD IVD Director’s Phone: (303) 839–1203 IVD Nationwide Office Phone: Director’s Fax: (515) 281–8854 Director’s Fax: (303) 839–1332 Office Fax: (404) 657–3326 In State Office Phone: (515) 281–5580 In State Office Phone: (303) 866–5994 E-Mail: [email protected] Nationwide Office Phone: Nationwide Office Phone: Office Fax: (515) 281–8854 Office Fax: (303) 866–2214 Guam E-Mail: [email protected] E-Mail: [email protected] Kathy Montague, Deputy Attorney General Department of Law, Child Support Kansas Connecticut Enforcement Unit James A. Robertson, Administrator Diane Fray, Director 238 Archbishop F.C. Flores Street Department of Social & Rehabilitation Department of Social Services, Bureau of Agana, GU 96910 Services, Child Support Enforcement Child Support Enforcement IVD Director’s Phone: (671) 475–3360/3363 Program 25 Sigourney Street IVD Director’s Fax: (617) 477–6118 P.O. Box 497 Hartford, CT 06105–5033 In State Office Phone: 011 (671) 475–3360 (Street Address: 300 S.W. Oakley Street, IVD Director’s Phone: (860) 424–5251 IVD Nationwide Office Phone: Biddle Bldg, Topeka, KS 66606) Director’s Fax: (860) 951–2996 Office Fax: Topeka, KS 66601 In State Office Phone: (860) 424–5251 E-Mail: [email protected] IVD Director’s Phone: (785) 296–3237 IVD Nationwide Office Phone: (800) 228–5437 Director’s Fax: (785) 296–5206 Hawaii (problems) (800) 647–8872 (info) (800) In State Office Phone: (913) 296–3237 698–0572 (payments) Mike L. Meaney, Administrator Nationwide Office Phone: (800) 432–0152 Office Fax: (860) 951–2996 Department of Attorney General, Child (withholding) (800) 570–6743 (collections) E-Mail: [email protected] Support Enforcement Agency (800) 432–3913 (fraud hot) Kakuhihewa State Office Building Office Fax: (913) 296–5206 Delaware Kapolei, HI 96707 E-Mail: [email protected] Karryl D. Hubbard, Director IVD Director’s Phone: (808) 692–7000 IVD Department of Health and Social Services, Director’s Fax: (808) 692–7134 Kentucky Division of Child Support Enforcement In State Office Phone: (808) 587–3695 Steven P. Veno, Director

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Cabinet for Human Resources, Division of Nationwide Office Phone: E-Mail: [email protected] Child Support Enforcement Office Fax: (517) 373–4980 275 East Main Street E-Mail: [email protected] Nevada Frankfort, KY 40621 Leland Sullivan, Chief IVD Director’s Phone: (502) 564–2285 ex 404 Minnesota Child Support Enforcement Program, Nevada IVD Director’s Fax: (502) 564–5988 Laura Kadwell, Director State Welfare Division In State Office Phone: (502) 564–2285 Department of Human Services, Office of 2527 North Carson Street, Capitol complex Nationwide Office Phone: Child Support Enforcement Carson City, NV 89716 Office Fax: (502) 564–5988 444 Lafayette Road, 4th floor IVD Director’s Phone: (702) 687–4744 IVD E-Mail: [email protected] St. Paul, MN 55155–3846 Director’s Fax: (702) 684–8026 IVD Director’s Phone: (651) 297–8232 IVD In State Office Phone: (792) 687–4744 (800) Louisiana Director’s Fax: (651) 297–4450 922–0900 Gordon Hood, Director In State Office Phone: (651) 296–2542 Nationwide Office Phone: Support Enforcement Services, Office of Nationwide Office Phone: Office Fax; (702) 684–6026 Family Support Office Fax: (651) 297–4450 E-Mail: [email protected] P.O. Box 94065 E-Mail: [email protected] Baton Rouge, LA 70804–4065 New Hampshire IVD Director’s Phone: (504) 342–4780 IVD Mississippi Lloyd Peterson, Acting Administrator Director’s Fax: (504) 342–7397 Richard Harris, Director Office of Program Support, Office of Child In State Office Phone: (504) 342–4780 (800) Department of Human Services, Division of Support 256–4650 (payments) Child Support Enforcement Health and Human Services Building Nationwide Office Phone: P.O. Box 352 6 Hazen Drive Office Fax: (504) 342–7397 Jackson, MS 39205 Concord, NH 03301 E-Mail: [email protected] IVD Director’s Phone: (601) 359–4863 IVD IVD Director’s Phone: (603) 271–4287 IVD Director’s FAX: (601) 359–4415 Director’s Fax: (603) 271–4787 Maine In State Office Phone: (601) 359–4861 (800) In State Office Phone: (603) 271–4427 (800) Stephen L. Hussey, Director 354–6039 (Hins, Rankin, and Madison 852–3345 ext 4427 Dept of Human Services, Bureau of Family counties) Nationwide Office Phone: Independence, Div of Support Enforcement Nationwide Office Phone: (800) 435–5437 Office Fax: (603) 271–4787 and Recovery Office Fax: (601) 359–4415 E-Mail: dhhs.state.nh.us State House Station E-Mail: [email protected] Augusta, ME 04333 New Jersey IVD Director’s Phone: (207) 287–2886 IVD Missouri Alisha Griffin, Director Director’s Fax: (207) 287–5096 Brian Kinkade, Director Department of Human Services, Bureau of In State Office Phone: (207) 287–2886 (800) Department of Social Services, Division of Child Support and Paternity Programs, 371–3101 Child Support Enforcement Division of Family Dev Nationwide Office Phone: P.O. Box 2320 P.O. Box 716 Office Fax: (207) 287–2886 (227 Metro Drive) Trenton, NJ 08625–0716 E-Mail: [email protected] Jefferson City, MO 65101–2320 IVD Director’s Phone: (609) 588–2402 IVD IVD Director’s Phone: (573) 751–1374 IVD Director’s Fax: (609) 588–3369 Maryland Director’s Fax: (573) 751–8450 In State Office Phone: (609) 588–2915 Theresa Kaiser, Acting Executive Director In State Office Phone: (573) 751–4301 Nationwide Office Phone: (800) 621–5437 Child Support Enforcement Administration Nationwide Office Phone; (800) 859–7999 Office Fax: (609) 588–2354 311 West Saratoga Street Office Fax: (573) 751–8450 E-Mail: [email protected] Baltimore, MD 21201 E-Mail: [email protected] IVD Director’s Phone: (410) 767–7674 or 7358 New Mexico IVD Director’s Fax: (410) 333–8992 Montana Ben Silva, Director In State Office Phone: (410) 767–7619 (800) Mary Ann Wellbank, Administrator Department: Human Services Department, 332–6347 Department of Social and Rehabilitation Child Support Enforcement Bureau Nationwide Office Phone: Services, Child Support Enforcement P.O. Box 25109 Office Fax: (410) 333–8992 Division (Street Address: 2025 S. Pacheco, Santa Fe, P.O. Box 202943 NM 87504) Massachusetts (Street Address: 3075 N. Montana Ave., Suite Santa Fe, NM 73512 Amy Pitter, Deputy Commissioner 112, Helena, MT 59620) IVD Director’s Phone: (505) 827–7200 IVD Department of Revenue, Child Support Helena, MT 59620 Director’s Fax: (505) 827–7285 Enforcement Division IVD Director’s Phone: (406) 444–3338 IVD In State Office Phone: (505) 827–7200 (800) 141 Portland Street Director’s Fax: 406) 444–1370 432–6217 Cambridge, MA 02139–1937 In State Office Phone: (406) 442–7278 (800) Nationwide Office Phone: IVD Director’s Phone: (617) 577–7200 ex 346–5437 Office Fax: (505) 827–7285 30482 or 30405 IVD Director’s Fax: (617) Nationwide Office Phone: 621–4991 Office Fax: (406) 444–1370 New York In State Office Phone: (617) 577–7200 E-Mail:[email protected] Robert Doar, Director Nationwide Office Phone: (800) 332–2733 Department of Social Services, Office of Office Fax: (617) 621–4991 Nebraska Child Support Enforcement E-Mail: [email protected] Daryl D. Wusk, CSE Administrator P.O. Box 14 Department of Health and Human Services, (Street Address: One Commerce Plaza, Michigan Child Support Enforcement Office Albany, NY 12260) Wallace Dutkowski, Director P.O. Box 94728 Albany, NY 12260–0014 Family Independency Agency, Office of West Campus Folsom and West Prospector IVD Director’s Phone: (518) 474–9081 IVD Child Support Place Director’s Fax: (518) 486–3127 P.O. Box 30478 Lincoln, NE 68509–4728 In State Office Phone: (518) 474–9081 (Street Address: 7109 W. Saginaw Hwy., IVD Director’s Phone: (402) 479–5555 IVD Nationwide Office Phone: (800) 343–8859 Lansing, MI) Director’s Fax: (402) 479–5543 Office Fax: (518) 486–3127 Lansing, MI 48909–7978 In State Office Phone: (402) 471–9160 (800) E-Mail: [email protected] IVD Director’s Phone: (517) 373–7570 IVD 831–4573 Director’s Fax: (517) 373–4980 Nationwide Office Phone: North Carolina In State Office Phone: (517) 373–7570 Office Fax: (402) 471–9455 Barry A. Miller, Chief

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Department of Human Resources, Division of Department of Public Welfare, Bureau of In State Office Phone: (615) 313–4880 (800) Social Services, Child Support Child Support Enforcement 874–0530 (payments) Enforcement Section P.O. Box 8018 Nationwide Office Phone: 100 East Six Forks Road (Street Address: 1303 North Seventh St., Office Fax: (615) 532–2791 Raleigh, NC 27609–7750 17102 Commerce Bldg., 12th Floor, Harri E-Mail: [email protected] IVD Director’s Phone: (919) 420–7982 IVD Harrisburg, PA 17105 Texas Director’s Fax (919) 571–4126 IVD Director’s Phone: (717) 783–5441 IVD In State Office Phone: (919) 571–4114 (800) Director’s FAX: (717) 772–4936 Howard Baldwin, Director 992–9457 In State Office Phone: (717) 787–3672 Office of the Attorney General, Child Support Nationwide Office Phone: Nationwide Office Phone: (800) 932–0211 Division Office Fax: (919) 571–4126 Office Fax: (717) 787–9706 P.O. Box 12017 E-Mail: [email protected] (Street Address: 5500 E. Oltorf, Austin, TX Puerto Rico 78741) North Dakota Miguel Verdiales, Administrator Austin, TX 78711–2017 Mike Schwindt, Director Department of Social Services, IVD Director’s Phone: (512) 460–6000 IVD Department of Human Services, Child Administration for Child Support Director’s Fax: (512) 460–6028 Support Enforcement Agency P.O. Box 3349 In State Office Phone: (512) 460–6000 P.O. Box 7190 San Juan, PR 00902 Nationwide Office Phone: (800) 252–8014 (Street Address: 1929 North Washington IVD Director’s Phone: (787) 767–1886 IVD Office Fax: (512) 834–9712 Street, Bismarck, ND 58507–7190) Director’s FAX: (787) 282–8324 E-Mail: [email protected] In State Office Phone: (787) 767–1500 Bismarck, ND 58507–7190 Utah IVD Director’s Phone: (701) 328–3582 or Nationwide Office Phone: (800) 932–0211 Office Fax: (787) 723–6187 James Kidder, Director 5493, IVD Director’s Fax: (701) 328–6575 E-Mail: [email protected] Department of Human Services, Bureau of In State Office Phone: (701) 328–3582, (800) Child Support Services 755–8530 Rhode Island P.O. Box 45011 Nationwide Office Phone: John F. Murphy, Administrator (515 East, 100 South, Salt Lake City, UT Office Fax: (701) 328–5497 Department of Administration, Division of 84145–0011) E-Mail: [email protected] Child Support Enforcement Salt Lake, UT 84145–0011 Ohio 77 Dorrance Street IVD Director’s Phone: (801) 536–8911 IVD Providence, RI 02903 Director’s Fax: (801) 536–8509 Barbara Saunders, Deputy Director IVD Director’s Phone: (401) 222–2847 IVD In State Office Phone: (801) 536–8500 Department of Human Services, Office of Director’s FAX: (401) 222–2887 Nationwide Office Phone: (800) 257–9156 Child Support Enforcement In State Office Phone: (410) 277–2847 (800) Office Fax: (801) 536–8509 30 East Broad Street, 31st Floor 922–0536 E-Mail: [email protected] Columbus, OH 43266–0423 Nationwide Office Phone: IVD Director’s Phone: (614) 752–6561, IVD Office Fax: (401) 277–6674 Vermont Director’s Fax: (614) 752–9760 E-Mail: [email protected] Jeffery Cohen, Director In State Office Phone: (614) 752–6561 (800) Office of Child Support 686–1556 South Carolina 103 South Main Street Nationwide Office Phone: Larry J. McKeown, Director Waterbury, VT 05671–1901 Office Fax: (614) 752–9760 Department of Social Services, Child Support IVD Director’s Phone: (802) 241–2319 IVD E-Mail: [email protected] Enforcement Division Director’s Fax: (802) 244–1483 Oklahoma P.O. Box 1469 In State Office Phone: (802) 244–1483 (Street Address: 3150 Harden Street, Nationwide Office Phone: (800) 786–3214 Ray Weaver, Administrator Columbia, SC 29202–1469) Office Fax: (802) 244–1483 Department of Human Services, Child Columbia, SC 29202–1469 E-Mail: [email protected] Support Enforcement Division IVD Director’s Phone: (803) 737–5870 IVD P.O. Box 53552 Director’s FAX: (803) 737–6032 Virgin Islands (Street Address: 2409 N. Kelley Avenue, In State Office Phone: (803) 737–5875 (800) Cisselon D Nichols, Director Annex Building, Oklahoma City, OK 73152 768–6779 (payments) Department of Justice, Paternity and Child Oklahoma City, OK 73152 Nationwide Office Phone: (803) 768–5858 Support Division IVD Director’s Phone: (405) 522–5871, IVD Office Fax: (803) 737–6032 GERS Building, 2nd Floor Director’s Fax: (405) 522–2753 E-Mail: [email protected] 48B–50C Krondprans Gade In State Office Phone: (405) 522–5871 St. Thomas, VI 00802 Nationwide Office Phone: (800) 522–2922 South Dakota IVD Director’s Phone: (809) 775–3070 IVD Office Fax: (405) 522–2753 Terry Walter, Program Administrator Director’s Fax: (809) 775–3808 E-Mail: Department of Social Services, Office of In State Office Phone: (809) 774–4339 [email protected] Child Support Enforcement Nationwide Office Phone: 700 Governor’s Drive, Suite 84 Office Fax: (809) 774–9710 Oregon Pierre, SD 57501–2291 Kevin Aguirre, Director IVD Director’s Phone: (605) 773–3641 IVD Virginia Department of Human Resources, Adult and Director’s Fax: (605) 773–5246 Nathaniel Young, Jr., Director Family Services Division In State Office Phone: (605) 773–3641 Department of Social Services, Division of Oregon Child Support Program Nationwide Office Phone: Child Support Enforcement 500 Summer St. NE Office Fax: (605) 773–5246 730 East Broad Street Salem, OR 97310–1013 E-Mail: [email protected] Richmond, VA 23219 IVD Director’s Phone: (503) 945–5600, IVD IVD Director’s Phone: (804) 692–1501 IVD Tennessee Director’s Fax: (503) 373–7492 Director’s Fax: (804) 692–1543 In State Office Phone: (503) 378–5567, (800) Glenda Sherron, Director In State Office Phone: (804) 692–1428 (800) 850–0288 (800) 850–0294 (rotary) Department of Human Services, Child 468–8894 Nationwide Office Phone: Support Services Nationwide Office Phone: Offixe Fax: (503) 391–5526 Citizens Plaza Building, 12th Floor Office Fax: (804) 692–1405 E-Mail: [email protected] 400 Deadrick Street E-Mail: [email protected] Nashville, TN 37248–7400 Pennsylvania IVD Director’s Phone: (615) 313–4879 IVD Washington Daniel Richard, Director Director’s Fax: (615) 741–4165 Meg Sollenberger, Director

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DSHS, Division of Child Support Charleston, WV 25305 Nationwide Office Phone: P.O. Box 9162 IVD Director’s Phone: (304) 558–3780 IVD Office Fax: (608) 267–2824 (Street Address: 712 Pear St., SE, Olympia, Director’s Fax: (304) 558–4092 E-Mail: [email protected] WA 98507) In State Office Phone: (304) 558–3780 Wyoming Olympia, WA 98507 Nationwide Office Phone: (800) 249–3778 IVD Director’s Phone: (360) 664–5441 IVD Office Fax: William D Schaad, Administrator Director’s Fax: (360) 586–3274 Department of Family Services, Child Wisconsin In State Office Phone: (360) 664–5005 Support Enforcement Program Nationwide Office Phone: (800) 457–6202 Susan Pfeiffer, Director Hathaway Building, Rm 361 Office Fax: (206) Seattle Area Code Bureau of Child Support, Division of 2300 Capital Avenue E-Mail: [email protected] Economic Support Cheyenne, WY 82002–0170 P.O. Box 7935 IVD Director’s Phone: (307) 777–3695 IVD West Virginia (Street Address: 1 West Wilson Street, Room Director’s Fax: (307) 777–3693 Lena S Hill, Commissioner 382, Madison, WI 53707) In State Office Phone: (307) 777–7631 Department of Health & Human Resources, Madison, WI 53707–7935 Nationwide Office Phone: (800) 457–3659 Bureau of Child Support Enforcement IVD Director’s Phone: (608) 266–9909 IVD Office Fax: (307) 777–3693 Building 6, Room 817 Director’s Fax: (608) 267–2824 E-Mail: [email protected] State Capitol Complex In State Office Phone: (608) 266–9909 BILLING CODE 4184±01±M

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[FR Doc. 99–26386 Filed 10–8–99; 8:45 am] BILLING CODE 4184±01±C

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DEPARTMENT OF HOUSING AND waivers of regulations that HUD has HUD regulations is provided in the URBAN DEVELOPMENT approved, by publishing a notice in the Appendix that follows this notice. Federal Register. These notices (each [Docket No. FR±4512±N±02] Dated: October 4, 1999. covering the period since the most Andrew Cuomo, recent previous notification) shall: Notice of Regulatory Waiver Requests Secretary. Granted a. Identify the project, activity, or undertaking involved; Appendix—Listing of Waivers of AGENCY: Office of the Secretary, HUD. b. Describe the nature of the provision Regulatory Requirements Granted by ACTION: Public Notice of the Granting of waived, and the designation of the Officers of the Department of Housing Regulatory Waivers from April 1, 1999 provision; and Urban Development, April 1, 1999 through June 30, 1999. c. Indicate the name and title of the through June 30, 1999 person who granted the waiver request; Note to Reader: More information about SUMMARY: Under the Department of d. Describe briefly the grounds for the granting of these waivers, including a Housing and Urban Development approval of the request; copy of the waiver request and approval, may Reform Act of 1989 (the ‘‘HUD Reform e. State how additional information be obtained by contacting the person whose Act’’), HUD is required to make public about a particular waiver grant action name is listed as the contact person directly all approval actions taken on waivers of may be obtained. before each set of waivers granted. regulations. This notice is the thirty- Section 106 of the HUD Reform Act For Items 1 Through 7, Waivers fourth in a series, published on a also contains requirements applicable to Granted for 24 CFR Part 92, Contact: quarterly basis, providing notification of waivers of HUD handbook provisions Cornelia Robertson Terry, Field waivers granted during the preceding that are not relevant to the purpose of Management Division, Office of reporting period. The purpose of this this notice. Executive Services, Office of notice is to comply with the Today’s document follows Community Planning and Development, requirements of section 106 of the HUD publication of HUD’s Statement of U.S. Department of Housing and Urban Reform Act. Policy on Waiver of Regulations and Development, 451 Seventh Street, SW, FOR FURTHER INFORMATION CONTACT: For Directives issued by HUD on April 22, Washington, DC 20410; telephone (202) general information about this notice, 1991 (56 FR 16337). This is the thirty- 708–2565. Hearing- or speech-impaired contact Camille E. Acevedo, Assistant fourth notice of its kind to be published persons may access this number via General Counsel for Regulations, Room under section 106 of the HUD Reform TTY by calling the Federal Information 10276, U.S. Department of Housing and Act. This notice updates HUD’s waiver- Relay Service at (800) 877–8339. Urban Development, 451 Seventh Street, grant activity from April 1, 1999 1. Regulation: 24 CFR 92.2. SW, Washington, DC 20410–0500; through June 30, 1999. Project Activity: The City of telephone (202) 708–3055 (this is not a For ease of reference, waiver requests Baltimore, Maryland requested a waiver toll-free number). Hearing-or speech- granted by departmental officials of certain requirements contained in the impaired persons may access this authorized to grant waivers are listed in definition of the term ‘‘single room number via TTY by calling the toll-free a sequence keyed to the section number occupancy (SRO)’’ for a project that will Federal Information Relay Service at of the HUD regulation involved in the consist of assisted living units for the (800) 877–8339. For information waiver action. For example, a waiver- elderly. The project will be converted concerning a particular waiver action grant action involving exercise of from an old fire house. for which public notice is provided in authority under 24 CFR 58.73 (involving Nature of Requirement: 24 CFR 92.2 this document, contact the person the waiver of a provision in 24 CFR part contains the definition of the term whose name and address is set out for 58) would come early in the sequence, ‘‘single room occupancy (SRO)’’. The the particular item in the accompanying while waivers of 24 CFR part 990 would definition requires that SRO units in list of waiver-grant actions. be among the last matters listed. projects that consist of new SUPPLEMENTARY INFORMATION: As part of Where more than one regulatory construction, conversion of non- the Housing and Urban Development provision is involved in the grant of a residential space, or reconstruction Reform Act of 1989 (the ‘‘HUD Reform particular waiver request, the action is must contain either sanitary or food Act’’), the Congress adopted, at HUD’s listed under the section number of the preparation facilities. request, legislation to limit and control first regulatory requirement in title 24 Granted By: Cardell Cooper, Assistant the granting of regulatory waivers by that is being waived as part of the Secretary for Community Planning and HUD. Section 106 of the HUD Reform waiver-grant action. (For example, a Development. Act added a new section 7(q) to the waiver of both § 58.73 and § 58.74 Date Granted: May 6, 1999. Department of Housing and Urban would appear sequentially in the listing Reasons Waived: HUD determined Development Act (2 U.S.C. 3535(q)), under § 58.73.) that there was good cause to grant the which provides that: Waiver-grant actions involving the waiver. The project could not go 1. Any waiver of a regulation must be same initial regulatory citation are in forward if separate sanitary or food in writing and must specify the grounds time sequence beginning with the preparation facilities would be required for approving the waiver; earliest-dated waiver grant action. in each unit. These facilities will be 2. Authority to approve a waiver of a Should HUD receive additional available for the low-income elderly regulation may be delegated by the reports of waiver actions taken during residents of the project by installing Secretary only to an individual of the period covered by this report before shared sanitary facilities and a common Assistant Secretary rank or equivalent the next report is published, the next dining area. rank, and the person to whom authority updated report will include these earlier 2. Regulation: 24 CFR 92.251. to waive is delegated must also have actions, as well as those that occurred Project/Activity: The State of authority to issue the particular between July 1, 1999 through September Oklahoma requested a waiver of the regulation to be waived; 30, 1999. HOME Program property standards with 3. Not less than quarterly, the Accordingly, information about respect to funds expended in Midwest Secretary must notify the public of all approved waiver requests pertaining to City, Oklahoma.

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Nature of Requirement: 24 CFR 92.251 5. Regulation: 24 CFR 92.500(d)(1)(C). Eastern and Atlantic Servicing Branch, requires that housing units assisted with Project/Activity: St. Louis, Missouri Office of Portfolio Management, U.S. HOME funds meet certain property requested an extension of the five-year Department of Housing and Urban standards, which vary according to the deadline for the expenditure of HOME Development, 451 Seventh Street, SW, activity undertaken. disaster grant funds. Washington, DC 20410; telephone (202) Granted By: Cardell Cooper, Assistant Nature of Requirement: 24 CFR 708–3730. Hearing-or speech-impaired Secretary for Community Planning and 92.500(d)(1)(C) states that HUD shall persons may access this number via Development. recapture any HOME funds not TTY by calling the Federal Information Date Granted: June 9, 1999. expended within five years after the last Relay Service at (800) 877–8339. Reasons Waived: HUD determined day of the month in which HUD notified 8. Regulation: 24 CFR that there was good cause to grant the the grantee of its execution of the HOME 207.259(b)(2)(iv). waiver. The waiver is needed to partnership agreement. Project/Activity: Timberland facilitate the use of HUD funds for Granted By: Kenneth G. Williams, Apartments, Williamsport, emergency repairs to homes and on-site Deputy Assistant Secretary for Pennsylvania, project Number: 034– infrastructure damaged by tornadoes. Community Planning and Development. 32036. The waiver extends to State HOME Date Granted: May 4, 1999. Nature of Requirement: 24 CFR funds expended for damaged properties Reasons Waived: HUD determined 207.259(b)(2)(iv) states that, in the event in Midwest City and any other areas that there was good cause to grant this of a default, 1 percent of the mortgage included in the Presidential disaster waiver. funds advanced to a mortgagor and not declaration. 6. Regulation: 24 CFR 92.500(d)(1)(B) repaid as of the date of default shall be 3. Regulation: 24 CFR 92.254(a)(4). and (C). deducted from the amount paid on an Project/Activity: The City of Little Project/Activity: The County of Los insurance claim. Rock, Arkansas requested a waiver of Angeles, California requested a waiver Granted By: William C. Apgar, the affordability and repayment of commitment and expenditure Assistant Secretary for Housing-Federal requirements for HOME-assisted deadlines in the HOME program. Housing Commissioner. housing. Nature of Requirement: 24 CFR Date Granted: May 12, 1999. Nature of Requirement: 24 CFR 92.500(d)(1)(B) and (C) require HOME Reasons Waived: The Commonwealth 92.254(a)(4) requires HOME-assisted funds to be committed within two years of Pennsylvania requested a waiver in housing to meet certain affordability and expended within five years of the connection with the refunding of certain requirements. time HUD makes funds available. outstanding 11(b) bonds, issued in 1979. Granted By: Cardell Cooper, Assistant Granted By: Cardell Cooper, Assistant These bonds financed construction of Secretary for Community Planning and Secretary for Community Planning and Timberland Apartments, a Section 8 Development. Development. assisted insured project. The waiver was Date Granted: June 9, 1999. Date Granted: June 7, 1999. granted to assure purchasers of the Reasons Waived: HUD determined Reasons Waived: HUD determined bonds that the project would not be that there was good cause for the waiver that there was good cause for both disadvantaged in the event of an because the City had lost two units out waivers. The need for the disbursement insurance claim. of a seven unit HOME-funded rental extension arose from legal issues that For Item 9, Waiver Granted for 24 CFR development as a result of tornado temporarily stalled the project. The PART 234, Contact: Vance T. Morris, damage that occurred on January 21, County will be able to commit Director, Home Mortgage Insurance 1999. additional funds from its HOME disaster Division, Office of Insured Single 4. Regulation: 24 CFR 92.500(d)(1)(C). grant to the Abraham project until June Family Housing, U.S. Department of Project/Activity: Lake County, Illinois 30, 1999. The County will be able to Housing and Urban Development, 451 requested an extension of the five-year disburse additional funds from its Seventh Street, SW, Washington, DC deadline for the expenditure of HOME HOME disaster grant to the Abraham 20410; telephone (202) 708–2700. disaster grant funds. project until June 30, 2000 . Hearing-or speech-impaired persons Nature of Requirement: 24 CFR 7. Regulation: 24 CFR 92.500(d)(1)(C). may access this number via TTY by 92.500(d)(1)(C) states that HUD shall Project/Activity: The State of Florida calling the Federal Information Relay recapture any HOME funds not requested an extension of the five-year Service at (800) 877–8339. expended within five years after the last deadline for the expenditure of HOME 9. Regulation: 24 CFR 234.1. day of the month in which HUD notified disaster grant funds. Project/Activity: Manufactured the grantee of its execution of the HOME Nature of Requirement: 24 CFR housing in Colton, California. partnership agreement. 92.500(d)(1)(C) states that HUD shall Nature of Requirement: 24 CFR 234.1 Granted By: Cardell Cooper, Assistant recapture any HOME funds not excepts manufactured homes from Secretary for Community Planning and expended within five years after the last eligibility for condominium mortgage Development. day of the month in which HUD notified insurance. Date Granted: April 30, 1999. the grantee of its execution of the HOME Granted By: William C. Apgar, Reasons Waived: HUD determined partnership agreement. Assistant Secretary for Housing— that there was good cause to grant this Granted By: Cardell Cooper, Assistant Federal Housing Commissioner. waiver. The HOME funds will be used Secretary for Community Planning and Date Granted: April 23, 1999. to assist the homeowners in the Development. Reasons Waived: 24 CFR 234.1 must Williams Park subdivision, a low- Date Granted: June 29, 1999. be waived for manufactured homes in income area that suffered severely from Reasons Waived: HUD determined condominium developments to be the 1993 floods and has a recurring that there was good cause for the waiver eligible for FHA mortgage insurance. flooding problem. The funds will be because of the profound needs and The waiver was granted to allow a used to provide deferred home loans for difficulties associated with providing developer in Colton, California to obtain people being displaced by a FEMA- relief from disaster damage. FHA mortgage insurance for funded acquisition and demolition For Item 8, Waiver Granted for 24 CFR manufactured housing that has been program. Part 207, Contact: James B. Mitchell, permanently erected for more than one

VerDate 06-OCT-99 19:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\12OCN3.XXX pfrm02 PsN: 12OCN3 55380 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices year. The waiver was conditioned upon Project/Activity: The State of established in 42 U.S.C. 11374(a)(2) all the requirements listed pursuant to Wisconsin requested a waiver of the 30 (section 414(a)(2) of the Stewart B. 24 CFR 203.43(f) and the requirement percent spending limitation on essential McKinney Homeless Assistance Act). 42 that both a builder warranty and a ten- services. U.S.C. 11374(a)(2)(B) limits the use of year warranty plan be provided to Nature of Requirement: 24 CFR 576.21 assistance for essential services to 30 homeowners. states that recipients of ESG grant funds percent of the aggregate amount of all For Item 10, Waiver Granted for 24 are subject to the limits on the use of assistance to a State or local government CFR Part 291, Contact: Art Orton, assistance for essential services under the ESG program. Deputy Director, Asset Management established in 42 U.S.C. 11374(a)(2) Granted By: Cardell Cooper, Assistant Division, Office of Insured Single (section 414(a)(2) of the Stewart B. Secretary for Community Planning and Family Housing, U.S. Department of McKinney Homeless Assistance Act). 42 Development. Housing and Urban Development, 451 U.S.C. 11374(a)(2)(B) limits the use of Date Granted: April 19, 1999. Seventh Street, SW, Washington, DC assistance for essential services to 30 Reasons Waived: 42 U.S.C. 11374(b) 20410; telephone (202) 708–1672. percent of the aggregate amount of all allows for a waiver if the grantee is able Hearing- or speech-impaired persons assistance to a State or local government to demonstrate that other eligible may access this number via TTY by under the ESG program. activities under the program are already calling the Federal Information Relay Granted By: Cardell Cooper, Assistant being carried out in the locality with Service at (800) 877–8339. Secretary for Community Planning and other resources. The State of New York 10. Regulation: 24 CFR 291.210(a). Development. provided HUD with the necessary Project/Activity: Providing HUD- Date Granted: April 5, 1999. documentation that alternative funding owned single family properties to Reasons Waived: 42 U.S.C. 11374(b) would be used for the other ESG governmental entities and private allows for a waiver if the grantee is able activities. nonprofit organizations, on a direct to demonstrate that other eligible 14. Regulation: 24 CFR 576.21. sales basis and with mortgage insurance, activities under the program are already Project/Activity: Morris County, New for use in the Officer Next Door Sales being carried out in the locality with Jersey requested a waiver of the 30 Program. other resources. The State of Wisconsin percent spending limitation on essential Nature of Requirement: 24 CFR provided HUD with the necessary services. Nature of Requirement: 24 CFR 576.21 291.210(a) permits direct sales of HUD- documentation that alternative funding states that recipients of ESG grant funds owned properties, without mortgage would be used for the other ESG are subject to the limits on the use of insurance, to governmental entities and activities. assistance for essential services private nonprofit organizations for use 12. Regulation: 24 CFR 576.21. Project/Activity: The City of Chicago, established in 42 U.S.C. 11374(a)(2) in HUD and local housing or homeless Illinois requested a waiver of the 30 (section 414(a)(2) of the Stewart B. programs. percent spending limitation on essential McKinney Homeless Assistance Act). 42 Granted By: William C. Apgar, services. U.S.C. 11374(a)(2)(B) limits the use of Assistant Secretary for Housing-Federal Nature of Requirement: 24 CFR 576.21 assistance for essential services to 30 Housing Commissioner. states that recipients of ESG grant funds percent of the aggregate amount of all Date Granted: April 29 and June 30, are subject to the limits on the use of assistance to a State or local government 1999. assistance for essential services under the ESG program. Reasons Waived: HUD approved these established in 42 U.S.C. 11374(a)(2) Granted By: Cardell Cooper, Assistant waivers to enable governmental entities (section 414(a)(2) of the Stewart B. Secretary for Community Planning and and nonprofit organizations the McKinney Homeless Assistance Act). 42 Development. opportunity to fully participate in the U.S.C. 11374(a)(2)(B) limits the use of Date Granted: April 20, 1999. Officer Next Door Program by allowing assistance for essential services to 30 Reasons Waived: 42 U.S.C. 11374(b) them to purchase eligible properties percent of the aggregate amount of all allows for a waiver if the grantee is able with mortgage insurance for resale to assistance to a State or local government to demonstrate that other eligible law enforcement officers. Based on under the ESG program. activities under the program are already HUD’s experience with REO sales, HUD Granted By: Cardell Cooper, Assistant being carried out in the locality with determined that it would not be Secretary for Community Planning and other resources. Morris County provided detrimental to the insurance fund to Development. HUD with the necessary documentation permit governmental entities and Date Granted: April 5, 1999. that alternative funding would be used private nonprofit organizations to Reasons Waived: 42 U.S.C. 11374(b) for the other ESG activities. purchase properties offered with allows for a waiver if the grantee is able 15. Regulation: 24 CFR 576.35(a)(2). mortgage insurance for use in the to demonstrate that other eligible Project/Activity: The State of Alabama Officer Next Door Sales Program. activities under the program are already requested a waiver of this provision for For Items 11 Through 18, Waivers being carried out in the locality with a project involving a homeless shelter in Granted for 24 CFR Parts 576, 577, 582, other resources. The City provided HUD the City of Montgomery. and 583, Contact: Cornelia Robertson with the necessary documentation that Nature of Requirement: 24 CFR Terry, Field Management Division, alternative funding would be used for 576.35(a)(2) requires State recipients to Office of Executive Services, Office of the other ESG activities. obligate their ESG program within 180 Community Planning and Development, 13. Regulation: 24 CFR 576.21. days of the date on which the State U.S. Department of Housing and Urban Project/Activity: The State of New makes the grant amounts available to Development, 451 Seventh Street, SW, York requested a waiver of the 30 the State recipient. Washington, DC 20410; telephone (202) percent spending limitation on essential Granted By: Cardell Cooper, Assistant 708–2565. Hearing- or speech-impaired services. Secretary for Community Planning and persons may access this number via Nature of Requirement: 24 CFR 576.21 Development. TTY by calling the Federal Information states that recipients of ESG grant funds Date Granted: June 19, 1999. Relay Service at (800) 877–8339. are subject to the limits on the use of Reasons Waived: HUD determined 11. Regulation: 24 CFR 576.21. assistance for essential services that there was good cause for the waiver

VerDate 06-OCT-99 19:39 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\12OCN3.XXX pfrm02 PsN: 12OCN3 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices 55381 because the nonprofit sponsor was Reasons Waived: HUD determined Granted By: Cardell Cooper, Assistant delayed in acquiring the property for the that there was good cause to grant the Secretary for Community Planning and proposed shelter site, and the failure to waiver to Save the Family Foundation Development. complete the project will adversely because the size of the required units for Date Granted: April 19, 1999. affect the ability of the City of these projects makes finding available Reasons Waived: The regulations Montgomery to serve its homeless units difficult. allow a Field Office to approve initial population. For Item 19, Waiver Granted For 24 Gross Rents that exceed the applicable 16. Regulation: 24 CFR 577.117. CFR Part 880, Contact: Gloria Burton, FMR by up to 10 percent for all units Project/Activity: Cornerstone Western and Pacific Servicing Branch, of a given size in specified areas. The Advocacy Services of Bloomington, Office of Portfolio Management, U.S. FMRs in effect would have made the Minnesota requested a waiver of the Department of Housing and Urban projects unfeasible. HUD waived the Supportive Housing Demonstration Development, 451 Seventh Street, SW, provision, which only allows pre- Program regulations regarding recipient Washington, DC 20410; telephone (202) Agreement exception rents to be share of supportive services and 708–3730. Hearing- or speech-impaired approved on an area-wide basis, to operating costs. persons may access this number via allow project specific pre-agreement Nature of Requirement: 24 CFR TTY by calling the Federal Information exception rents to be approved upon a 577.117 requires the recipient to Relay Service at (800) 877–8339. showing of good cause. document that it has cash resources to 19. Regulation: 24 CFR 880.606(a). 21. Regulation: 24 CFR 882.803(a)(3). pay the percentage of the total cost of Project/Activity: Section 8 New Project/Activity: Lake County, Illinois supportive services and operating costs Construction projects located in requested a waiver of the provision, not funded by HUD. If this requirement Oklahoma counties declared disaster which prohibits the use of an existing is not met, HUD may withhold areas after recent tornado activity. VA facility for SRO housing. supportive services or operating cost Nature of Requirement: 24 CFR Nature of Requirement: 24 CFR payments. 880.606(a) requires that lease terms for 882.803(a)(3) of the SRO regulations Granted By: Cardell Cooper, Assistant Section 8 New Construction projects be prohibits the use of facilities within the Secretary for Community Planning and for not less than 1 year. grounds of medical, mental, and similar Development. Granted By: William C. Apgar, public or private institutions or facilities Date Granted: May 13, 1999. Assistant Secretary for Housing-Federal providing psychiatric, medical, or Reasons Waived: HUD determined Housing Commissioner. nursing services. that there is good cause to waive this Date Granted: June 23, 1999. Granted By: Cardell Cooper, Assistant requirement to allow Cornerstone Reasons Waived: Recent tornado Secretary for Community Planning and Advocacy to average the share dollars activity in Oklahoma destroyed or Development. used within the program’s final three damaged over 7,000 housing units, Date Granted: April 19, 1999. years because they have met share, approximately 3,000 of which were Reasons Waived: HUD granted a cumulatively, in the final three years of damaged beyond repair. This created a waiver for this VA underutilized facility the grant term. tremendous need for short-term housing for SRO use because it would permit the 17. Regulation: 24 CFR 582.105(e). in the affected areas. HUD determined development of a project to serve Project/Activity: Contra Costa County that these conditions constituted good homeless singles in the suburban Housing Authority requested a waiver of cause to waive 24 CFR 880.606(a) and Chicago area that would not otherwise the 8 percent administrative cap for its allow owners to enter into leases with be possible. 1993 Shelter Plus Care grant. Nature of Requirement: 24 CFR terms of less than one year with disaster For Items 22 Through 52, Waivers 582.105(e) requires an 8 percent families. Granted For 24 CFR Part 891, Contact: administrative cap for Shelter Plus Care For Items 20 Through 21, Waivers Willie Spearmon, Director, Office of grants. Granted For 24 CFR Part 882, Contact: Business Products, U.S. Department of Granted By: Cardell Cooper, Assistant Cornelia Robertson Terry, Field Housing and Urban Development, 451 Secretary for Community Planning and Management Division, Office of Seventh Street, SW, Washington, DC Development. Executive Services, Office of 20410; telephone (202) 708–3000. Date Granted: June 9, 1990. Community Planning and Development, Hearing- or speech-impaired persons Reasons Waived: HUD determined U.S. Department of Housing and Urban may access this number via TTY by that there was good cause for the waiver Development, 451 Seventh Street, SW, calling the Federal Information Relay because the housing authority will serve Washington, DC 20410; telephone (202) Service at (800) 877–8339. more persons than originally anticipated 708–2565. Hearing- or speech-impaired 22. Regulation: 24 CFR 891.100(d). and for an additional period of time persons may access this number via Project/Activity: Walton Rehab with no increase in funds. TTY by calling the Federal Information Hospital, Augusta, Georgia, Project 18. Regulation: 24 CFR 583.115(b)(2). Relay Service at (800) 877–8339. Number: 061–EE059/GA06–S971–003. Project/Activity: Save the Family 20 Regulation: 24 CFR 882.408(a). Nature of Requirement: HUD provides Foundation in Mesa, Arizona requested Project/Activity: The Housing capital advances under section 202 of a waiver of the Fair Market Rent (FMR) Authority of the City of Los Angeles, the Housing Act of 1959 (12 U.S.C. cap. California requested a waiver from 1701q) and section 811 of the National Nature of Requirement: 24 CFR HUD. Affordable Housing Act (42 U.S.C. 583.115(b)(2) requires that where HUD Nature of Requirement: 24 CFR 8013). 24 CFR 891.100(d) allows HUD to grants are used to pay for a portion of 882.408(a) requires that the initial Gross amend the amount of an approved rental rates, those rates must not exceed Rent for any project must not exceed the capital advance only after an initial HUD-determined FMR. Moderate Rehabilitation Fair Market closing has occurred. Granted By: Cardell Cooper, Assistant Rent (FMR) applicable to the unit on the Granted By: William C. Apgar, Secretary for Community Planning and date that the Agreement to Enter into a Assistant Secretary for Housing-Federal Development. Housing Assistance Contract is Housing Commissioner. Date Granted: April 20, 1999. executed. Date Granted: May 5, 1999.

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Reasons Waived: Additional funds are project’s development costs are date of issuance, with limited required due to extensive work needed comparable to similar projects in the exceptions up to 24 months. on the site prior to construction. area, and the units are modestly Granted By: William C. Apgar, 23. Regulation: 24 CFR 891.100(d). designed. Assistant Secretary for Housing-Federal Project/Activity: West Hamlin Unity 26. Regulation: 24 CFR 891.100(d). Housing Commissioner. Apartments, West Hamlin, West Project/Activity: Save Residential, Date Granted: April 19, 1999. Virginia, Project Number: 045–HDO26/ Kansas City, Missouri, Project Number: Reasons Waived: HUD needed WV15–S971–002; Highview Unity 084HDO22WPD/MO16Q971003; The additional time to review the initial Apartments, Charleston, West Virginia, Woodland at Citadel, Kansas City, closing documents for these projects. Project Number: 045–EE010/WV–15– Missouri, Project Number: 29. Regulation: 24 CFR 891.165. Project/Activity: Connections Section S971–001. 084EE029WAH/MO16S71003. 811, Wilmington, Delaware, Project Nature of Requirement: HUD provides Nature of Requirement: HUD provides Number: 032–HDO18–CMI/DE26– capital advances under section 202 of capital advances under section 202 of the Housing Act of 1959 (12 U.S.C. Q961–004 the Housing Act of 1959 (12 U.S.C. Nature of Requirement: HUD provides 1701q) and section 811 of the National 1701q) and section 811 of the National Affordable Housing Act (42 U.S.C. capital advances under section 202 of Affordable Housing Act (42 U.S.C. the Housing Act of 1959 (12 U.S.C. 8013). 24 CFR 891.100(d) allows HUD to 8013). 24 CFR 891.100(d) allows HUD to amend the amount of an approved 1701q) and section 811 of the National amend the amount of an approved Affordable Housing Act (42 U.S.C. capital advance only after an initial capital advance only after an initial 8013). 24 CFR 891.165 provides that the closing has occurred. closing has occurred. duration of the fund reservation for the Granted By: William C. Apgar, Granted By: William C. Apgar, Assistant Secretary for Housing-Federal capital advance is 18 months from the Assistant Secretary for Housing-Federal date of issuance, with limited Housing Commissioner. Housing Commissioner. Date Granted: June 10, 1999. exceptions up to 24 months. Date Granted: June 30, 1999. Granted By: William C. Apgar, Reasons Waived: Although projects Reasons Waived: Increased are modest in design and are Assistant Secretary for Housing-Federal construction activity in the area caused Housing Commissioner. comparable in costs, additional funds increased costs due to the contractors Date Granted: April 19, 1999. are needed for feasibility. paying premium prices for materials Reasons Waived: The waiver was 24. Regulation: 24 CFR 891.100(d). and labor. granted because the selected site is in a Prject/Activity: Ellery Court Senior 27. Regulation: 24 CFR 891.165. historic district, and additional time Housing, New York, New York, Project Project/Activity: Ralston Mercy was required to negotiate the Number: 012–EE186/NY36–S961–004. Memorandum of Understanding for Nature of Requirement: HUD provides Douglass Home, Philadelphia, Pennsylvania, Project Number: 034– development of the project. capital advances under section 202 of 30. Regulation: 24 CFR 891.165. the Housing Act of 1959 (12 U.S.C. EE061/PA26–S961–005. Nature of Requirement: HUD provides Project/Activity: Oakwood Senior 1701q) and section 811 of the National Housing, South Brunswick, New Jersey, Affordable Housing Act (42 U.S.C. capital advances under section 202 of the Housing Act of 1959 (12 U.S.C. Project Number: 031–EE040/NJ39– 8013). 24 CFR 891.100(d) allows HUD to S961–006 amend the amount of an approved 1701q) and section 811 of the National Affordable Housing Act (42 U.S.C. Nature of Requirement: HUD provides capital advance only after an initial capital advances under section 202 of closing has occurred. 8013). 24 CFR 891.165 provides that the duration of the fund reservation for the the Housing Act of 1959 (12 U.S.C. Granted By: William C. Apgar, 1701q) and section 811 of the National Assistant Secretary for Housing-Federal capital advance is 18 months from the date of issuance, with limited Affordable Housing Act (42 U.S.C. Housing Commissioner. 8013). 24 CFR 891.165 provides that the Date Granted: June 11, 1999. exceptions up to 24 months. Granted By: William C. Apgar, duration of the fund reservation for the Reasons Waived: The fund reservation capital advance is 18 months from the Assistant Secretary for Housing-Federal calculation for this and all other FY date of issuance, with limited Housing Commissioner. 1996 projects in the New York Office exceptions up to 24 months. did not reflect the actual development Date Granted: April 19, 1999. Granted By: William C. Apgar, cost for this job. Reasons Waived: Additional time was Assistant Secretary for Housing-Federal 25. Regulation: 24 CFR 891.100(d). required due to a change in site and Housing Commissioner. Project/Activity: Sunrise Dwellings II, lengthy negotiations with the University Date Granted: April 19, 1999. Delaware, Ohio, Project Number: 043– of Pennsylvania. Reasons Waived: HUD needed HDO32/OH16Q971001. 28. Regulation: 24 CFR 891.165. additional time to review the initial Nature of Requirement: HUD provides Project/Activity: Odenton Senior closing documents. capital advances under section 202 of Housing, Baltimore, Maryland, Project 31. Regulation: 24 CFR 891.165. the Housing Act of 1959 (12 U.S.C. Number: 052–EE020/MDO6S961003; Project/Activity: Haledon Consumer 1701q) and section 811 of the National Brownlow Byron/Richey House, Project Home, Haledon, New Jersey, Project Affordable Housing Act (42 U.S.C. Number: 052–HDO21/MDO6Q961001; Number: 031–HDO75/NJ39–Q961–015 8013). 24 CFR 891.100(d) allows HUD to Hampton Falls, Project Number: 052– Nature of Requirement: HUD provides amend the amount of an approved HDO22/MDO6Q961002 capital advances under section 202 of capital advance only after an initial Nature of Requirement: HUD provides the Housing Act of 1959 (12 U.S.C. closing has occurred. capital advances under section 202 of 1701q) and section 811 of the National Granted By William C. Apgar, the Housing Act of 1959 (12 U.S.C. Affordable Housing Act (42 U.S.C. Assistant Secretary for Housing-Federal 1701q) and section 811 of the National 8013). 24 CFR 891.165 provides that the Housing Commissioner. Affordable Housing Act (42 U.S.C. duration of the fund reservation for the Date Granted: June 11, 1999. 8013). 24 CFR 891.165 provides that the capital advance is 18 months from the Reasons Waived: Additional funds are duration of the fund reservation for the date of issuance, with limited necessary for project feasibility. The capital advance is 18 months from the exceptions up to 24 months.

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Granted By: William C. Apgar, Date Granted: April 30, 1999. LA48–S961–003; Westminister Towers Assistant Secretary for Housing-Federal Reasons Waived: HUD needed time to II, Kenner, Louisiana, Project Number: Housing Commissioner. review the Firm Commitment 064–EE072–WAH–NP–L8, LA–48– Date Granted: April 19, 1999. Application. S961–014; Leisure Lane, Rayne, Reasons Waived: Additional time was 35. Regulation: 24 CFR 891.165. Louisiana, Project Number: 064–EE065– required for the owner to incorporate Project/Activity: Presbyterian Home, WAH–NP–L8, LA48–S961–007; Morse accessibility changes to accommodate West Windsor, New Jersey, Project Elderly Housing, Morse, Louisiana, persons with disabilities. Number: 035–EE022/NJ39–S961–001; Project Number: 064–EE066–WAH–NP– 32. Regulation: 24 CFR 891.165. Three Bridges Lutheran Housing, L8, LA48–S961–008; Westminister Project/Activity: Riverview Manor, Readington, New Jersey, Project Woods, Bogalusa, Louisiana, Project Blairsville, Georgia, Project Number: Number: 031–EE042/NJ39–S961–008; Number: 064–EE073–WAH–NP–L8, 061–HDO52/GAO6–Q961007 Village Supervised Apartments, LA48–S961–015; Mason de Tours, Nature of Requirement: HUD provides Hamilton Township, New Jersey, Project Kaplan, Louisiana, Project Number: capital advances under section 202 of Number: 035–HD034/NJ39–Q961–005. 064–HDO35–WPD–NP–L8, LA48– the Housing Act of 1959 (12 U.S.C. Nature of Requirement: HUD provides Q961–001; Franciscan House, Monroe, 1701q) and section 811 of the National capital advances under section 202 of Louisiana, Project Number: 064– Affordable Housing Act (42 U.S.C. the Housing Act of 1959 (12 U.S.C. HDO37–WPD–NP–L8 LA48–Q961–003. 8013). 24 CFR 891.165 provides that the 1701q) and section 811 of the National Nature of Requirement: HUD provides duration of the fund reservation for the Affordable Housing Act (42 U.S.C. capital advances under section 202 of capital advance is 18 months from the 8013). 24 CFR 891.165 provides that the the Housing Act of 1959 (12 U.S.C. date of issuance, with limited duration of the fund reservation for the 1701q) and section 811 of the National exceptions up to 24 months. capital advance is 18 months from the Affordable Housing Act (42 U.S.C. Granted By: William C. Apgar, date of issuance, with limited 8013). 24 CFR 891.165 provides that the Assistant Secretary for Housing-Federal exceptions up to 24 months. duration of the fund reservation for the Housing Commissioner. Granted By: William C. Apgar, capital advance is 18 months from the Date Granted: April 19, 1999. Assistant Secretary for Housing— date of issuance, with limited Reasons Waived: The Sponsor/Owner Federal Housing Commissioner. exceptions up to 24 months. had to change plans and estimates Date Granted: April 30, 1999. Granted By: William C. Apgar, several times in order for the project to Reasons Waived: Presbyterian Assistant Secretary for Housing— be feasible. Home—Delays were caused by the Federal Housing Commissioner. 33. Regulation: 24 CFR 891.165. Sponsor trying to identify additional Date Granted: April 30, 1999. Project/Activity: Webster Supportive funds for project feasibility. Three Reasons Waived: HUD needed Housing, Webster, Texas, Project Bridges Lutheran Housing—Additional additional time to review the Firm Number: 114–HDO12–WAH/TX24– time was needed by HUD to review the Commitment Application and initial Q961–001. initial closing package. Village closing documents. Nature of Requirement: HUD provides Supervised Apartments—Additional 38. Regulation: 24 CFR 891.165. capital advances under section 202 of time was needed by HUD to process the Project/Activity: Freeman the Housing Act of 1959 (12 U.S.C. firm commitment application and initial Apartments, Springfield, New Jersey, 1701q) and section 811 of the National closing documents. Project Number: 031–HDO66/NJ39– Affordable Housing Act (42 U.S.C. 36. Regulation: 24 CFR 891.165. Q961–003. 8013). 24 CFR 891.165 provides that the Project/Activity: Mercy Gardens, San Nature of Requirement: HUD provides duration of the fund reservation for the Diego, California, Project Number: 122– capital advances under section 202 of capital advance is 18 months from the HDO11–WPD–NP/CA33–Q961–001; the Housing Act of 1959 (12 U.S.C. date of issuance, with limited Women’s Village Project, Los Angeles, 1701q) and section 811 of the National exceptions up to 24 months. California, Project Number: 122– Affordable Housing Act (42 U.S.C. Granted By: William C. Apgar, HDO85–WPD–NP–CA16–Q961–0014. 8013). 24 CFR 891.165 provides that the Assistant Secretary for Housing— Nature of Requirement: HUD provides duration of the fund reservation for the Federal Housing Commissioner. capital advances under section 202 of capital advance is 18 months from the Date Granted: April 30, 1999. the Housing Act of 1959 (12 U.S.C. date of issuance, with limited Reasons Waived: HUD had to approve 1701q) and section 811 of the National exceptions up to 24 months. the firm commitment and initial closing Affordable Housing Act (42 U.S.C. Granted By: William C. Apgar, documents. 8013). 24 CFR 891.165 provides that the Assistant Secretary for Housing— 34. Regulation: 24 CFR 891.165. duration of the fund reservation for the Federal Housing Commissioner. Project/Activity: Ozanam Village, capital advance is 18 months from the Date Granted: May 3, 1999. Chicago, Illinois, Project Number: 071– date of issuance, with limited Reasons Waived: The Firm EE112/IL06–S961–003. exceptions up to 24 months. submission was delayed because of the Nature of Requirement: HUD provides Granted By: William C. Apgar, owner’s search for additional funding as capital advances under section 202 of Assistant Secretary for Housing— well as obtaining local approval for the the Housing Act of 1959 (12 U.S.C. Federal Housing Commissioner. drawings and specifications. 1701q) and section 811 of the National Date Granted: April 30, 1999. 39. Regulation: 24 CFR 891.165. Affordable Housing Act (42 U.S.C. Reasons Waived: Delays were caused Project/Activity: River View Gardens, 8013). 24 CFR 891.165 provides that the by the revision of lot line adjustments New York, New York, Project Number: duration of the fund reservation for the and the modification of the Conditional 012–EE195/NY36–S961–013. capital advance is 18 months from the Use Permit. HUD needed time to Nature of Requirement: HUD provides date of issuance, with limited approve the initial closing documents. capital advances under section 202 of exceptions up to 24 months. 37. Regulation: 24 CFR 891.165. the Housing Act of 1959 (12 U.S.C. Granted By: William C. Apgar, Project/Activity: Metairie Manor III, 1701q) and section 811 of the National Assistant Secretary for Housing— New Orleans, Louisiana, Project Affordable Housing Act (42 U.S.C. Federal Housing Commissioner. Number: 064–EE061–WAH–NP–L8, 8013). 24 CFR 891.165 provides that the

VerDate 06-OCT-99 19:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\12OCN3.XXX pfrm02 PsN: 12OCN3 55384 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices duration of the fund reservation for the Granted By: William C. Apgar, waiting on evidence of 501(c)(3) ruling capital advance is 18 months from the Assistant Secretary for Housing–Federal from the IRS. date of issuance, with limited Housing Commissioner. 44. Regulation: 24 CFR 891.165. exceptions up to 24 months. Date Granted: May 13, 1999. Project/Activity: Arc HUD III, Granted By: William C. Apgar, Reasons Waived: Delay was caused by Wilmington, Delaware, Project Number: Assistant Secretary for Housing— a site change. 032–HDO17–WDD/DE26–Q961–003; Federal Housing Commissioner. 43. Regulation: 24 CFR 891.165. Collegeville Community Living Date Granted: May 5, 1999. Project/Activity: Sienna Springs II, Arrangement, Collegeville Borough, Reasons Waived: Delays occurred Dayton, Ohio, Project Number: 046– Montgomery County, Pennsylvania; when another developer had to be EE034/OH10–Q961–001; Canaan Manor Lock Haven Court, Lock Haven, Clinton identified because the first developer (aka William C. Thomas), Newark, Ohio, County, Pennsylvania, Project Number: was not able to secure financing. Project Number: 046–HDO18/OH10– 034–EE067–WAH/PA26–S962–002; 40. Regulation: 24 CFR 891.165. Q961–001; Accessible Country Trail, Norris Square Apartments, Project/Activity: John King Center, Toledo, Ohio, Project Number: O42– Philadelphia, Pennsylvania, Project San Francisco, California, Project HDO55/OH12–Q961–002; Glenpark Number: 034–EE068–WAH/PA26– Number: 131–EE099/CA39S961012. Manor, Youngstown, Ohio, Project S061–011; Spring City Elderly Housing, Nature of Requirement: HUD provides Number: 042–EE082/OH12–S961–009; Spring City, Chester County, capital advances under section 202 of Carey East (aka Open Arms), Cleveland, Pennsylvania, Project Number: 0334– the Housing Act of 1959 (12 U.S.C. Ohio, Project Number: 042–HDO67/ EE057–WAH/PA26–S961–002. 1701q) and section 811 of the National OH12–Q961–014; Ziegler Homes II(aka Nature of Requirement: HUD provides Affordable Housing Act (42 U.S.C. Living Stream), Toledo, Ohio, Project capital advances under section 202 of 8013). 24 CFR 891.165 provides that the Number: 042–HDO58/OH12–961–005. the Housing Act of 1959 (12 U.S.C. duration of the fund reservation for the Nature of Requirement: HUD provides 1701q) and section 811 of the National capital advance is 18 months from the capital advances under section 202 of Affordable Housing Act (42 U.S.C. date of issuance, with limited the Housing Act of 1959 (12 U.S.C. 8013). 24 CFR 891.165 provides that the exceptions up to 24 months. 1701q) and section 811 of the National Granted By: William C. Apgar, duration of the fund reservation for the Affordable Housing Act (42 U.S.C. capital advance is 18 months from the Assistant Secretary for Housing— 8013). 24 CFR 891.165 provides that the Federal Housing Commissioner. date of issuance, with limited duration of the fund reservation for the exceptions up to 24 months. Date Granted: May 5, 1999. capital advance is 18 months from the Reasons Waived: Delays were caused Granted By: William C. Apgar, date of issuance, with limited Assistant Secretary for Housing— because of the project’s complex design exceptions up to 24 months. and the Owner’s efforts to secure Federal Housing Commissioner. Granted By: William C. Apgar, Date Granted: May 25, 1999. necessary secondary financing for the Assistant Secretary for Housing— project. Reasons Waived: HUD needed time to Federal Housing Commissioner. complete the firm commitment 41. Regulation: 24 CFR 891.165. Date Granted: May 25, 1999. Project/Activity: Catholic Community processing review and approve the Reasons Waived: Sienna Springs II— initial closing documents. Service, Elizabeth, New Jersey, Project Delays were caused by the Sponsor Number: 031–EE037/NJ39–S951–006. 45. Regulation: 24 CFR 891.165. having to resolve some outstanding Project/Activity: Southern New Nature of Requirement: HUD provides audit findings as well as obtaining capital advances under section 202 of Hampshire Services, Inc., Antrim, New approval of the site. Canaan Manor (aka Hampshire, Project Number: 024– the Housing Act of 1959 (12 U.S.C. William C. Thomas)—Sponsor 1701q) and section 811 of the National EE032–WAH/NH36–Q961–003. experienced strong community Affordable Housing Act (42 U.S.C. Nature of Requirement: HUD provides opposition and was forced to seek an 8013). 24 CFR 891.165 provides that the capital advances under section 202 of alternate site. Further delays were duration of the fund reservation for the the Housing Act of 1959 (12 U.S.C. experienced when the presently capital advance is 18 months from the 1701q) and section 811 of the National optioned site required local government date of issuance, with limited Affordable Housing Act (42 U.S.C. approval of a lot split and approval of exceptions up to 24 months. 8013). 24 CFR 891.165 provides that the Granted By: William C. Apgar, the method to control water drainage on duration of the fund reservation for the Assistant Secretary for Housing— the site. Accessible Country Trail— capital advance is 18 months from the Federal Housing Commissioner. Delays were caused by the Owner date of issuance, with limited Date Granted: May 10, 1999. having to resolve unforeseen site and exceptions up to 24 months. Reasons Waived: Additional time was zoning concerns, which surfaced after Granted By: William C. Apgar, required for HUD to close the project. the funding award. Glenpark Manor— Assistant Secretary for Housing— 42. Regulation: 24 CFR 891.165. Owner was unable to meet the cash Federal Housing Commissioner. Project/Activity: Lakeland Manor, shortfall in the Capital Advance. Delays Date Granted: May 25, 1999. Santa Fe Springs, California, Project were incurred in filing their application Reasons Waived: HUD needed Number: 122–HDO89–WPD–NP/CA16– with the Ohio Department of additional time to approve the firm Q961–005. Development for gap financing. Carey commitment and initial closing Nature of Requirement: HUD provides East (aka Open Arms)—Project documents. capital advances under section 202 of experienced numerous delays due to a 46. Regulation: 24 CFR 891.165. the Housing Act of 1959 (12 U.S.C. site change, zoning problems, noise Project/Activity: Mental Health 1701q) and section 811 of the National concerns, change in development Association/North Carolina Haywood Affordable Housing Act (42 U.S.C. method, and also change in the general County Group Home, Waynesville, 8013). 24 CFR 891.165 provides that the contractor. Ziegler Homes II (aka Living North Carolina, Project Number: 053– duration of the fund reservation for the Stream)—Delays occurred as Owner HD144/NC19–Q971–009. capital advance is 18 months from the resolved unforeseen zoning issues and Nature of Requirement: HUD provides date of issuance, with limited deed restrictions, which came to light capital advances under section 202 of exceptions up to 24 months. after the funding award and while the Housing Act of 1959 (12 U.S.C.

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1701q) and section 811 of the National 49. Regulation: 24 CFR 891.165. Project Number: 121–HDO50–NP–WDD/ Affordable Housing Act (42 U.S.C. Project/Activity: Haledon Consumer CA39–Q961–004. 8013). 24 CFR 891.165 provides that the Home, Haledon, New Jersey, Project Nature of Requirement: HUD provides duration of the fund reservation for the Number: 031–HDO75/NJ39–Q961–015. capital advances under section 202 of capital advance is 18 months from the Nature of Requirement: HUD provides the Housing Act of 1959 (12 U.S.C. date of issuance, with limited capital advances under section 202 of 1701q) and section 811 of the National exceptions up to 24 months. the Housing Act of 1959 (12 U.S.C. Affordable Housing Act (42 U.S.C. Granted By: William C. Apgar, 1701q) and section 811 of the National 8013). 24 CFR 891.165 provides that the Assistant Secretary for Housing— Affordable Housing Act (42 U.S.C. duration of the fund reservation for the Federal Housing Commissioner. 8013). 24 CFR 891.165 provides that the capital advance is 18 months from the Date Granted: May 25, 1999. duration of the fund reservation for the date of issuance, with limited Reasons Waived: The Town of capital advance is 18 months from the exceptions up to 24 months. Waynesville denied a building permit date of issuance, with limited Granted By: William C. Apgar, for the Group Home. Although the exceptions up to 24 months. Assistant Secretary for Housing— permit was filed prior to the Town Granted By: William C. Apgar, Federal Housing Commissioner. amending its zoning ordinance to Assistant Secretary for Housing— Date Granted: June 30, 1999. prohibit group homes being located Federal Housing Commissioner. Reasons Waived: Delays were within one-half mile of each other, the Date Granted: June 2, 1999. experienced because the project owner Town refused to acknowledge the Reasons Waived: The closing was needed to find another general permit application’s validity. Additional delayed because HUD’s closing attorney contractor when the original contractor time was required for the Sponsor to experienced an unanticipated change in quit and because the owner had to find pursue a lawsuit. priorities and because of his heavy another funding source due to a 47. Regulation: 24 CFR 891.165. schedule of closings. shortfall. Project/Activity: Waverly Residence, 50. Regulation: 24 CFR 891.165. For Items 53 Through 55, Waivers New York, New York, Project Number: Project/Activity: Covenant Place, Granted For 24 CFR Part 891, Contact: 012–HD066/NY36–Q961–019. Milwaukee, Wisconsin, Project Number: Jerold Nachison, Eastern and Atlantic Nature of Requirement: HUD provides 075–EE045/WI39S961001. Servicing Branch, Office of Portfolio Nature of Requirement: HUD provides capital advances under section 202 of Management, U.S. Department of capital advances under section 202 of the Housing Act of 1959 (12 U.S.C. Housing and Urban Development, 451 the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the National Seventh Street, SW, Washington, DC 1701q) and section 811 of the National Affordable Housing Act (42 U.S.C. 20410; telephone (202) 708–3730. Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 provides that the 8013). 24 CFR 891.165 provides that the Hearing-or speech-impaired persons duration of the fund reservation for the duration of the fund reservation for the may access this number via TTY by capital advance is 18 months from the capital advance is 18 months from the calling the Federal Information Relay date of issuance, with limited date of issuance, with limited Service at (800) 877–8339. 53. Regulation: 24 CFR 891.205 and exceptions up to 24 months. exceptions up to 24 months. Granted By: William C. Apgar, Granted By: William C. Apgar, 410(c). Assistant Secretary for Housing— Assistant Secretary for Housing— Project/Activity: The Kansas City Federal Housing Commissioner. Federal Housing Commissioner. Multifamily HUB requested an age Date Granted: May 25, 1999. Date Granted: June 11, 1999. waiver for Palestine Gardens North, Reasons Waived: Additional time was Reasons Waived: HUD needed Kansas City, Missouri, Project No: 084– required for the Owner to review the additional time to review the initial EE019. impact of the amount of off-site closing documents. Nature of Requirement: 24 CFR roadway, which may affect the owner’s 51. Regulation: 24 CFR 891.165. 891.205 defines the term ‘‘Elderly financial requirements for closing. Project/Activity: Roxbury Senior person’’ as a household of one or more Additional time was also needed for Housing, Roxbury, Connecticut, Project persons at least one of whom is 62 years HUD to review the impact on the Number: 017–EE039/CT26–S971–008. of age at the time of initial occupancy. previous processing. Nature of Requirement: HUD provides Granted by: William C. Apgar, 48. Regulation: 24 CFR 891.165. capital advances under section 202 of Assistant Secretary for Housing— Project/Activity: Villa Esperanza, the Housing Act of 1959 (12 U.S.C. Federal Housing Commissioner. Gilroy, California, Project Number: 121– 1701q) and section 811 of the National Date Granted: May 13, 1999. HDO53–WDD/CA29-Q961–007. Affordable Housing Act (42 U.S.C. Reasons Waived: This waiver was Nature of Requirement: HUD provides 8013). 24 CFR 891.165 provides that the granted because of the special capital advances under section 202 of duration of the fund reservation for the circumstances of this case. The manager the Housing Act of 1959 (12 U.S.C. capital advance is 18 months from the of the project erred during occupancy 1701q) and section 811 of the National date of issuance, with limited because he/she was not familiar with Affordable Housing Act (42 U.S.C. exceptions up to 24 months. Section 202/PRAC occupancy 8013). 24 CFR 891.165 provides that the Granted By: William C. Apgar, standards, and permitted the ineligible duration of the fund reservation for the Assistant Secretary for Housing— elderly disabled tenant to occupy a unit. capital advance is 18 months from the Federal Housing Commissioner. Project management must assist the date of issuance, with limited Date Granted: June 18, 1999. tenant in locating another unit or exceptions up to 24 months. Reasons Waived: Delays were provide moving expenses. Granted By: William C. Apgar, experienced because the Town of 54. Regulation: 24 CFR 891.205 and Assistant Secretary for Housing— Roxbury had never had multifamily 410(c). Federal Housing Commissioner. housing developed within the Town, Project/Activity: The Buffalo Date Granted: May 27, 1999. and local approval proceeded slowly. Multifamily Hub requested age and Reasons Waived: Delays were caused 52. Regulation: 24 CFR 891.165. very-low income waivers for 1490 by the Co-sponsors trying to secure Project/Activity: Rosevine Estates, Buffalo, New York, Project additional funding for the project. Apartments, Berkeley, California, Number: 014–EE005).

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Nature of Requirement: 24 CFR Nature of Requirement: 24 CFR days, during which a certificate/voucher 891.205 defines the term ‘‘Elderly 891.205 defines the term ‘‘Elderly holder may seek housing to be leased person’’ as a household of one or more person’’ as a household of one or more under the program. persons at least one of whom is 62 years persons at least one of whom is 62 years Granted By: Harold Lucas, Assistant of age at the time of initial occupancy. of age at the time of initial occupancy. Secretary for Public and Indian Granted By: William C. Apgar, Granted By: William C. Apgar, Housing. Assistant Secretary for Housing-Federal Assistant Secretary for Housing-Federal Date Granted: April 16, 1999. Housing Commissioner. Housing Commissioner. Reasons Waived: Approval of the Date Granted: May 13, 1999. Date Granted: June 30, 1999. waiver provided the certificate holder Reasons Waived: The waiver was Reasons Waived: The waiver was additional time to seek housing. The granted to allow four disabled heads of granted because of sustained high certificate holder experienced extreme households to remain based on the vacancy rates and indications of a soft difficulty in locating a suitable unit. special circumstances of this case. Due market for VLI families in the area. The 59. Regulation: 24 CFR 982.306(d). to low occupancy of the project, project admission income limits were requested Project/Activity: Palm Beach County management has also requested an to be changed from 50 percent of Housing Authority, Florida, Section 8 income waiver to allow low-income median income (VLI) to 80 percent of Voucher Program. people to live in the project to maintain median (LI) to sustain occupancy and Nature of Requirement: 24 CFR project viability. maintain project viability. 982.306(d) limits the circumstances 55. Regulation: 24 CFR part 891.205, For Item 57, Waiver Granted for 24 under which a landlord can lease a unit 410(c), 575, and 610. CFR Part 891, Contact: Margaret Keels, with tenant-based assistance to a Project/Activity: West Wynde Eastern and Atlantic Servicing Branch, relative of the landlord. Retirement Community, Office of Portfolio Management Branch, Granted By: Harold Lucas, Assistant Moultonborough, New Hampshire, U.S. Department of Housing and Urban Secretary for Public and Indian Project Number: 024–EE038. The Development, 451 Seventh Street, SW, Housing. Manchester Multifamily Program Center Washington, DC 20410; telephone (202) Date Granted: May 24, 1999. requested a waiver of the age 708–3730. Hearing- or speech-impaired Reasons Waived: Approval of the requirement for current heads of persons may access this number via waiver prevented further emotional households who are Low Income (LI) TTY by calling the Federal Information hardship on the family and financial rather than Very Low Income (VLI) and/ Relay Service at (800) 877–8339. hardship on the landlord. The landlord or ineligible because they are under the 57. Regulation: 24 CFR 891.575 and contracted to build a residential unit age of 62. 610(c). with a separate accessory dwelling unit Nature of Requirement: HUD Project/Activity: Greenpointe for the sole purpose of leasing the unit regulations at 24 CFR part 891 require Apartments, Greenville, North Carolina, to a relative prior to the effective date that occupancy be limited to Very Low Project Number: 053–EH653. The of regulation. Income (VLI) elderly persons. Greensboro Multifamily HUB requested 60. Regulation: 24 CFR 983.7(c)(4). Granted By: William C. Apgar, an age waiver for the project. Project/Activity: The San Francisco Assistant Secretary for Housing-Federal Nature of Requirement: HUD Housing Authority, California, Housing Commissioner. regulations at 24 CFR part 891 require requested a waiver to provide project- Date Granted: June 10, 1999. that occupancy be limited to Very Low based voucher assistance for 50 units at Reasons Waived: This waiver was Income (VLI) elderly persons. Golden Gate Apartments, a Section 236 granted because of the special Granted By: William C. Apgar, project. circumstances of this case. The financial Assistant Secretary for Housing-Federal Nature of Requirement: 24 CFR viability of the project was threatened Housing Commissioner. 983.7(c)(4) prohibits attachment of by an apparent error in estimating Date Granted: May 13, 1999. project-based assistance to a Section 236 market demand. Therefore, to ensure Reasons Waived: The waiver was project (insured or non-insured) or a viability, the two current LI elderly granted in order to allow management of unit subsidized with Section 236 rental households are needed to remain, and the project additional flexibility in assistance payments. the project needs to be able to open attempting to rent-up vacant units and Granted By: Harold Lucas, Assistant occupancy to other LI elderly maintain project viability. Secretary for Public and Indian households. For Items 58 Through 60, Waivers for Housing. For Item 56, Waiver Granted for 24 24 CFR Parts 982 and 983, Contact: Date Granted: May 5, 1999. CFR Part 891, Contact: Frank W. Parker, Gloria J. Cousar, Deputy Assistant Reasons Waived: Approval of the Eastern and Atlantic Servicing Branch, Secretary for Public and Assisted waiver ensured that affordable housing Office of Portfolio Management, U.S. Housing Delivery, Office of Public and is preserved in the City, where there has Department of Housing and Urban Indian Housing, U.S. Department of been a severe reduction in the number Development, 451 Seventh Street, SW, Housing and Urban Development, 451 of affordable units for low-income Washington, DC 20410; telephone (202) Seventh Street, SW, Washington, DC families in the rental market. 708–3730. Hearing- or speech-impaired 20410; telephone (202) 708–1380. For Items 61 Through 62, Waivers persons may access this number via Hearing- or speech-impaired persons Granted For 24 CFR Part 990, Contact: TTY by calling the Federal Information may access this number via TTY by Joan DeWitt, Director, Funding and Relay Service at (800) 877–8339. calling the Federal Information Relay Financial Management Division, Office 56. Regulation: 24 CFR 891.205 and Service at (800) 877–8339. of Public and Assisted Housing 410(c). 58. Regulation: 24 CFR 982.303(b)(1). Operations, Office of Public and Indian Project/Activity: The Boston Project/Activity: Housing Authority of Housing, U.S. Department of Housing Multifamily HUB requested an age Alameda County, California, Section 8 and Urban Development, 451 Seventh waiver for the Henderson School Rental Certificate Program. Street, SW, Washington, DC 20410; Apartments, Henderson, New York, Nature of Requirement: 24 CFR telephone (202) 708–1872. Hearing- or Project Number: 013–EE033/NY–06– 982.303(b)(1) provides for a maximum speech-impaired persons may access S921–011. rental certificate/voucher term of 120 this number via TTY by calling the

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Federal Information Relay Service at granted on the basis that the Authority Granted By: Harold Lucas, Assistant (800) 877–8339. had presented a sound and reasonable Secretary for Public and Indian 61. Regulation: 24 CFR 990.107(f) and methodology for doing so. The Housing. 990.109. Tuscaloosa Housing Authority Date Granted: April 9, 1999. Project/Activity: Tuscaloosa, Alabama requested a waiver based on the same Housing Authority. A request was made approved methodology. The waiver Reasons Waived: The Holyoke to permit the Authority to benefit from permits the HA to exclude from its PFS Housing Authority was granted a waiver energy performance contracting for calculation of rental income, increased to permit it to use the ‘‘freeze of the developments that have tenant-paid rental income due to the difference rolling base’’ methodology for a utilities. The Authority estimates that it between updated baseline utility (before conversion from one energy source to could increase savings substantially if it implementation of the energy another in an energy performance were able to undertake energy conservation measures) and revised contract under the PFS energy cost performance contracting for both PHA- allowances (for the duration of incentives. Conversion from one utility paid and tenant-paid utilities. implementation of the measures) for the source to another may result in Nature of Requirement: Under the project(s) involved for the duration of significant cost avoidance, even though Performance Funding System (PFS), the contract period, which cannot comprising a shift in consumption, energy conservation incentives that exceed 12 years. rather than a reduction. The waiver relate to energy performance contracting 62. Regulation: 24 CFR currently apply to only PHA-paid permits the HA to exclude from its PFS 990.110(c)(2)(ii). utilities. The Tuscaloosa Housing calculation of rental income, increased Authority has both PHA-paid and Project/Activity: Holyoke, rental income due to the difference tenant-paid utilities. Massachusetts Housing Authority between updated baseline utility (before Granted By: Harold Lucas, Assistant requested a waiver of the PFS with implementation of the energy Secretary for Public and Indian regard to execution of an energy conservation measures) and revised Housing. performance contract. allowances (for the duration of Date Granted: June 28, 1999. Nature of Requirement: 24 CFR implementation of the measures) for the Reasons Waived: In September 1996, 990.110(c)(2)(ii) specifically refers to project(s) involved for the duration of the Oakland Housing Authority was savings from decreased consumption the contract period, which cannot granted a waiver to permit the Authority that must be waived to permit exceed 12 years. to benefit from energy performance conversion from one utility source to contracting for developments with another to qualify for the ‘‘freeze of the [FR Doc. 99–26507 Filed 10–8–99; 8:45 am] tenant-paid utilities. The waiver was rolling base’’ energy incentive. BILLING CODE 4210±32±P

VerDate 06-OCT-99 19:22 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\12OCN3.XXX pfrm02 PsN: 12OCN3 eDt 6OT9 54 c 8 99Jt100 O000Fm001Ft41 ft41 :F\MA2C.2 fm7PsN:12OCN4 pfrm07 E:\FR\FM\A12OC3.129 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 15:44Oct08, 1999 VerDate 06-OCT-99 federal register October 12,1999 Tuesday Conditions, DraftRevisions;Notice Provide SafeandHealthfulWorking Voluntary ProtectionProgramsTo Administration Occupational SafetyandHealth Department ofLabor Part IV 55389 55390 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices

DEPARTMENT OF LABOR Health Administration, Room N3647, performance when assessing the site’s 200 Constitution Ave., NW, level of achievement. Occupational Safety and Health Washington, DC 20210, (202) 693–1999. B. Statutory Framework Administration SUPPLEMENTARY INFORMATION: The Occupational Safety and Health Draft Revisions to the Voluntary I. Introduction Act of 1970, 29 U.S.C. 651 et seq. (the Protection Programs To Provide Safe A. Background Act and the OSH Act), was enacted ‘‘to and Healthful Working Conditions assure so far as possible every working The Voluntary Protection Programs man and woman in the Nation safe and AGENCY: Occupational Safety and Health (VPP), adopted by OSHA in Federal Administration (OSHA), Labor. healthful working conditions and to Register Notice 47 FR 29025, July 2, preserve our human resources. * * *’’ ACTION: Notice, request for comments. 1982, have established the efficacy of Section 2(b) specifies the measures by cooperative action among government, SUMMARY: The Occupational Safety and which the Congress would have OSHA industry, and labor to address worker Health Administration would like to carry out these purposes. They include safety and health issues and expand obtain stakeholder and public the following provisions which worker protection. VPP participation comments on proposed revisions to its establish the legislative mandate for the requirements center on comprehensive Voluntary Protection Programs (VPP), Voluntary Protection Programs: management systems with active published in Draft below. The revisions employee involvement to prevent or ‘‘* * * (1) by encouraging employers and include several new criteria intended to employees in their efforts to reduce the control the safety and health hazards at make the VPP more challenging and to number of occupational safety and health the site. Employers who qualify raise the level of safety and health hazards at their places of employment, and generally view OSHA standards as a achievement expected of participants. to stimulate employers and employees to minimum level of safety and health institute new and to perfect existing New eligibility categories allow performance and set their own more programs for providing safer and healthful previously ineligible worksites to apply. stringent standards where necessary for working conditions;’’ The criteria also have been rewritten to effective employee protection. ‘‘* * * (4) by building upon advances make them more easily understood and OSHA’s experience with VPP and already made through employer and to bring the VPP’s basic program other programs led it to publish its employee initiative for providing safe and healthful working conditions;’’ elements into conformity with OSHA’s voluntary ‘‘Safety and Health Program Safety and Health Program Management ‘‘* * * (5) * * * by developing innovative Management Guidelines’’ (the methods, techniques, and approaches for Guidelines. OSHA will consider Guidelines) in the Federal Register on submitted comments when it develops dealing with occupational safety and health January 26, 1989, 54 FR 3904. The problems;’’ the final version of these revisions. Guidelines present effective criteria for ‘‘* * * (13) by encouraging joint labor- DATES: Written comments must be organizing a managed safety and health management efforts to reduce injuries and submitted on or before November 26, program. To maintain consistency in disease arising out of employment.’’ 1999. OSHA’s approach to safety and health II. Program Changes and Rationale ADDRESSES: Send two copies of your program management, the Agency has comments to: Docket Office, Docket No. decided to reorganize the VPP criteria to A. Language and Organization C–06, Room N–2625, Occupational conform more closely to the Guidelines. With this Notice OSHA proposes Safety and Health Administration, U.S. This reorganization has been extensive editorial changes in the Department of Labor, 200 Constitution accomplished by merging the six language and organization of The Ave., NW, Washington, DC 20210. elements of the VPP into the four Voluntary Protection Programs, Comments limited to 10 pages or less elements of the Guidelines. Specifically, published as Draft below. The intent is may also be transmitted by FAX to 202– Management Commitment and Planning to make the VPP criteria more 693–1648, provided that the original has become Management Leadership understandable. and one copy of the comment are sent and Employee Involvement; Hazard to the Docket Office immediately Assessment has become Worksite B. Changes in Eligibility thereafter. Analysis; Hazard Correction and Control 1. Draft Section D.1., General, Comments may also be submitted has become Hazard Prevention and provides that Federal agency worksites electronically through OSHA’s Web site Control; Safety and Health Program subject to 29 CFR part 1960 are now at the following address: http:// Evaluation has become part of eligible to apply. OSHA wants to extend www.osha-slc.gov/e-comments/e- Management Leadership and Employee recognition for safety and health comments-vpp.html. Information such Involvement; and Safety and Health program excellence to federal sector as studies and journal articles cannot be Training continues as one of four basic worksites. As a result of a successful attached to electronic submissions and program elements. Demonstration Program, this section must be submitted in duplicate to the The VPP criteria also have been now also provides that resident Docket Office. Such attachments must rewritten to make them more easily contractors at participating VPP sites clearly identify the respondent’s understood. This has involved changes may make application to the VPP for electronic submission by name, date, in both language and organization. their operations at those sites. The and subject, so that they can be attached However, except for a variety of minor Demonstration Program established that to the correct submission. clarifications, the substance of the at existing VPP sites, resident The entire record for the proposed criteria has changed little. The two most contractors can provide effective safety revisions to the Voluntary Protection notable changes are an expansion of and health protection to their employees Programs is available for inspection and eligibility to certain classes of worksites even though they do not control the copying in the Docket Office, Docket previously not covered by the program, worksite. No. C–06, telephone 202–693–2350. and a new illness rates reporting 2. Draft Section D.2, Unionized Sites, FOR FURTHER INFORMATION CONTACT: requirement. The latter means OSHA is changed to clarify the degree of union Bonnie Friedman, Director, Office of will consider a worksite’s illness involvement that triggers the Public Affairs, Occupational Safety and performance as well as its injury requirement for union concurrence in

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VPP participation. The old language, ‘‘a continually improving and also to spot VPP requirements will conform with significant portion of its employees potential program deficiencies. OSHA’s Voluntary Safety and Health organized by one or more collective d. Because examination of Program Management Guidelines. bargaining units,’’ was open to wide contractors’ rates is now part of the VPP Similarly, the names of the activities interpretation. The new language makes requirements, the injury/illness and lost required under each element have been clear that the concurrence of all unions workday case numbers and rates of changed, as appropriate. The changes is expected at any worksite where one prominent (500 hours or more onsite in are: or more collective bargaining agents a calendar quarter) contractors’ site (1) In Draft Section F.5.a., the name of represent employees. employees need to be submitted the first element has changed from annually to OSHA, just as the rates for C. Changes in Assurances Management Commitment and Planning regular site employees must be to Management Leadership and 1. Draft Section E.1. requires VPP submitted annually. Employee Involvement. The activity applicants to submit assurance that they e. To better understand a worksite’s Employee Participation has changed to will correct all hazards addressed by safety and health efforts, to help spread Employee Involvement. This activity OSHA’s safety and health standards and the lessons learned in VPP to other and the activity Safety and Health regulations and the OSH Act’s ‘‘general worksites, and to communicate the Program Evaluation are now made part duty clause,’’ Section 5(a)(1). Full value of VPP, OSHA needs information of this element. compliance with OSHA’s requirements on success stories and VPP outreach (2) In Draft Section F.5.b., the name of has always been a requirement of the efforts at each participating worksite. the second element has changed from VPP but is now made an explicit part of D. Changes in The Star Program Hazard Assessment to Worksite the Assurances. Analysis. 2. Draft Section E.2. requires the 1. The Purpose of the Star Program, (3). In Draft Section F.5.c., the name applicant to provide assurance that site Draft Section F.1., is expanded to of the third element has changed from employees support the VPP application. indicate that OSHA expects Star Hazard Correction and Control to At unionized sites, this is accomplished participants to share their safety and Hazard Prevention and Control. by the authorized collective bargaining health expertise and to encourage others b. The following revisions are made in representative(s) either signing the VPP to work toward comparable success. Draft Section F.5.a., Management application or submitting a signed 2. Injury/Illness Performance, Draft Leadership and Employee Involvement: statement of support. OSHA also needs Section F.4., includes the following (1) Commitment to Safety and Health assurance that employees at non- changes: Protection now includes the unionized sites support VPP a. Star performance criteria have requirement for an established and participation. changed by adding: 3. Draft Section E.5. expands on (1) The use of injury/illness rates to communicated goal for the safety and previous language and now requires that determine VPP eligibility; health program and results-oriented applicants certify to OSHA that hazards (2) A requirement that rates be below objectives for meeting that goal, an discovered through any means will be rather than at or below the industry activity that is included in the corrected in a timely manner, with average; and Guidelines. interim protection provided as (3) An alternative method of (2) Written Safety and Health Program necessary. This section further provides calculating injury/illness incidence has changed slightly to reflect the that site deficiencies related to rates for qualifying small worksites. merging of the original six basic compliance with OSHA requirements The addition of illnesses and the elements into four. and identified during the OSHA change in minimum rates requirements (3) Management Involvement is now preapproval onsite review will be will make these requirements more Management Leadership. OSHA has corrected within 90 days. This reflective of the health aspects of a added two new required activities to expansion is needed to make clear to safety and health program and generally Management Leadership so that the list applicants that elimination or control is more stringent. These changes will help of actions will reflect the Guidelines. expected of all identified hazards, and ensure that VPP continues to serve as a These additional activities are: not just hazards identified by the means model of excellence for the larger work (a) Creating employee access to top listed in the Notice. community. The alternative calculation management, and 4. Draft Section E.10. expands the method will help small sites to qualify (b) Ensuring that all workers at the information that participating sites must for Star even when they have site, including contract workers, are submit to OSHA each year by February experienced 1 year of abnormally high provided equally high-quality safety and 15. rates. health protection. a. Requiring sites to report injury and b. Calculating, collecting, and (4) New language on defining illness rates, rather than just injury submitting contractor rates are new VPP responsibility, assigning authority, and rates, will help ensure that VPP requirements that will enable OSHA to affording adequate resources is intended continues to set the standard for better determine the quality of safety to emphasize the need for these excellence by recognizing worksites that and health protection afforded to all management actions. effectively address the full range of employees on a worksite. The (5) Holding managers, supervisors, workplace safety and health problems. requirements for contract employee and employees accountable (line b. OSHA needs to have participants coverage appear at Draft Section accountability) is tied more clearly to report the injury/illness and lost work F.4.a.(2). meeting responsibilities. OSHA no day case numbers as well as the rates to 3. Safety and Health Program longer differentiates between managing ensure that the rates have been Qualifications for the Star Program, accountability at general industry and calculated correctly. Draft Section F.5., is revised as follows: construction worksites, because in the c. OSHA needs to examine the a. OSHA has condensed from six Agency’s experience effective participant’s annual evaluation of its elements to four elements the Safety and management does not differ safety and health program in order to Health Program Qualifications for the significantly at different types of determine if the site’s program is Star Program. This is done so that the worksites.

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(6) Employee Involvement includes (3) The Medical Program is renamed b. A restriction on participation by an additional requirement that the Occupational Health Care Program sites with above average rates. Such worksites must establish at least three to better reflect its nature, and sites must have a plan to achieve Star different active and meaningful ways for requirements are expanded and moved rates requirements within 2 years, it employee involvement. This to Draft Section F.5.c., Hazard must be statistically possible to achieve requirement is intended to ensure that Prevention and Control, to better reflect this goal, and the site’s safety and health employee involvement is an integral the function of an occupational health program must be at Star quality within part of the safety and health program. care program. 3 years. Also, worksites that choose to meet this d. OSHA has made the following c. The addition of a requirement to requirement by establishing safety and revisions in Draft Section F.5.c., Hazard report contractor rates. health committees are cautioned to Prevention and Control: d. In the Merit Program for the ensure such committees are established (1) In order to complete the list of construction industry, OSHA must in a manner consistent with applicable means for eliminating or controlling approve the designated geographical law. hazards, OSHA has added area from which company injury/illness (7) OSHA has substantially rewritten administrative controls. The four and lost workday incidence data are the section Contract Worker Coverage control methods are listed in their obtained. and expanded the requirements for preferred order. These changes are designed to ensure contract workers to include: (2) Work Practice controls, Draft that VPP participants are of the highest (a) Documentation that contractors Section F.5.c.(1)(c), is expanded to caliber and that sites approved to Merit maintain effective safety and health incorporate the requirement that the can realistically achieve Star in a programs, and rules must be understood and followed; reasonable time period. (b) Documentation that participants must be incorporated in training, 2. Term of Participation, Draft Section maintain effective oversight of their positive reinforcement, and correction H.3., establishes a 3-year time limit for onsite contractors. programs; and must be equitably a term in the Merit Program. It also (c) Documentation of the participant’s enforced through disciplinary rules. explains the circumstances that may plan for working with a contractor (3) Monitoring and Maintenance, lead OSHA to approve a second term of whose rates are above its industry Draft Section F.5.c.(3), includes the participation. average, in order to reduce those rates additional requirement to document this 3. Multi-Site Eligibility, Draft Section to below average within 2 years. system. H.4., is a new section that announces (4) The Occupational Health Care This brings contractor requirements in OSHA’s expectation that companies Program (formerly the Medical line with current VPP practice. with large numbers of applicants may be Program), Draft Section F.5.c.(4), is (8) OSHA has rewritten Safety and responsible for bringing their worksites expanded to include the concept of Health Program Evaluation in order to up to Star quality before making using occupational health care make the requirements more application. understandable and participants’ professionals in hazard analysis and evaluations more effective. The section prevention. The expansion addresses G. Changes in Application for VPP now clearly states that all elements of the need to involve occupational health 1. Submission, Draft Section I.3., now the program must be evaluated. Third professionals in a site’s program. requires applicants to submit to the (5) Emergency Procedures, Draft parties who may be employed to appropriate OSHA office the requested Section F.5.c.(5), now requires that the conduct the evaluation must have number of application copies. This written procedures must include appropriate training and/or experience. procedure is intended to expedite provision for emergency training drills Also, this section provides that processing. for all shifts. With this change, a construction companies must submit a 2. Acceptance of Application, Draft participant’s written procedures will final evaluation immediately prior to Section I.4., now permits OSHA to reflect a requirement to conduct annual completion of construction. return as unacceptable an incomplete practice drills that has been in effect for Construction companies that fail to application if 90 days have passed since some time. Requiring drills for all shifts submit this evaluation will not be OSHA requested additional information will help ensure protection for all allowed to submit VPP applications for and the applicant has not responded. employees. other sites. To emphasize the e. Safety and Health Training, Draft This provision eases both OSHA’s and importance OSHA places on outreach Section F.5.d., now specifies that the applicant’s burden by establishing activities, OSHA now requires training must ensure that managers clear time frames for accepting complete participants to report outreach efforts understand and are able to carry out applications. when they submit their annual their safety and health responsibilities. H. Changes in Pre-Approval Onsite evaluation report. Review c. In addition to revisions that create E. Changes in The Demonstration a more logical flow, Draft Section F.5.b., Program 1. Purpose, Draft Section J.1., clarifies Worksite Analysis, contains the Draft Section G.3. now provides for the VPP onsite review team’s non- following changes: Demonstration Program evaluations enforcement nature. (1) The requirement for every 12 to 18 months instead of every 2. Preparation, Draft Section J.2., is comprehensive safety and health 12 months. changed to emphasize the importance of surveys is expanded to clarify and the VPP review team’s having a back-up strengthen industrial hygiene F. Changes in The Merit Program team leader whenever possible. requirements. 1. Qualifications for Merit, Draft 3. Duration, Draft Section J.3., now (2) OSHA has added a new Section H.2., contains the following reflects the reality that, on average, 4 requirement to analyze injury and changes: days onsite are needed for a review. illness trends, intended to ensure that a. The addition of illnesses to the 4. Scope, Draft Section J.4., is complete worksite analysis is being rates requirements. Previously, only expanded because the onsite review performed. injury rates were considered. must reflect the added VPP criteria

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Scope of Star Program evaluation, accomplish all the goals of the Act. preventive maintenance program Draft Section O.1.c., is expanded to documentation, accountability Compliance with occupational safety include evaluation of the newly and health standards, OSHA documentation, and contractor safety required contractor rates. To ensure and health programs. regulations, and the general duty fairness, the section also includes a clause—all the requirements of the b. Employee interviews must include timetable for phasing in the new data interviews with contract workers. Act—is essential. Rulemaking and reporting requirements. enforcement alone, however, cannot I. Changes in Recommendation for 3. Measures of Effectiveness, Draft replace the understanding of work Program Denial Section O.1.d., adds continuous processes, materials, and hazards that improvement in the safety and health comes with employers’ and employees’ Draft Section L.1. is expanded to program to the measures of daily on-the-job experience and define a reasonable time for the effectiveness. This section now more commitment to workplace safety and applicant to withdraw its application as accurately reflects what has always been health. This knowledge, combined with ‘‘not to exceed 30 calendar days.’’ expected of participants. an ability to evaluate and address J. Changes in Inspection Provisions 4. Evaluation Decisions and hazards rapidly, enables employers and Recommendations, Draft Sections O.1.e. employees to take responsibility for 1. Programmed Inspections, Draft and O.3.e, authorize the Regional their own safety and health in ways not Section M.1., now explains OSHA’s Administrator to make the decision to available to OSHA. Further, OSHA’s rationale for removing a VPP participant continue a participant in the Star or substantial experience with site-based from programmed inspection lists. It Merit program. The sections also clarify safety and health programs has shown also provides that a VPP applicant will the recommendations that a team may the value of a comprehensive, be removed from OSHA’s programmed make after conducting an evaluation. systematic approach to worker inspection lists no more than 75 5. Frequency of Demonstration protection. It is OSHA’s policy, calendar days prior to the Program evaluation, Draft Section therefore, to promote safety and health commencement of the scheduled pre- O.2.b., now gives the Agency greater programs tailored to the needs of approval onsite review. The need for scheduling flexibility by requiring particular worksites. this time limit stems from occasional evaluations every 12 to 18 months The purpose of the Voluntary delays in application processing, i.e., instead of every 12 months. Protection Programs (VPP) is to the time from application submission to 6. Frequency of Merit Program emphasize the importance of, encourage scheduled onsite review. These delays, evaluation, Draft Section O.3.b., changes the improvement of, and recognize in turn, are due to the growth of interest the scheduling of Merit evaluations. excellence in employer-provided, in VPP and increasing numbers of OSHA and the participant will agree on employee-participative, and generally applications. The section also provides a schedule, with the first evaluation site-specific occupational safety and that VPP worksites may choose to occurring within 24 months (and health programs. These programs are remain on the programmed inspection preferably 18 months) after approval. comprised of management systems for lists. This scheduling will give OSHA greater preventing or controlling occupational 2. Workplace complaints, fatalities flexibility in using its resources when hazards. Sites employing these systems and catastrophes, and other significant conducting Merit evaluations. not only are working to remain events have been grouped together in compliant with OSHA’s rules, but also M. Changes in Termination or Draft Section M.2., because all of these are striving to excel by using flexible Withdrawal events mandate normal OSHA and creative strategies that go beyond enforcement procedures. 1. Reasons for Termination, Draft the requirements to provide the best 3. The intent of Draft Section M.3. is Section P.1.i., allows OSHA to terminate feasible protection for their workers. In to ensure that participants understand a VPP worksite where evidence is the process, these worksites serve as they are subject to investigation by VPP presented that the trust and cooperation models for effective safety and health personnel when other significant among labor, management, and OSHA, programs in their industries while accidents and events occur at their upon which approval was based, no reducing employee injuries and worksites, whether or not normal longer exist. Recent experience has illnesses well below industry averages. enforcement procedures apply to the demonstrated a need for this flexibility. Moreover, the demonstrated workers’ situation and whether or not injuries 2. Termination Notification and compensation cost reductions, reduced occur. OSHA may decide that Appeal or Withdrawal, Draft Section employee turnover, quality investigation is necessary to determine P.2., establishes the site’s right to submit improvements, and other benefits to if a serious deficiency exists in the a written appeal of OSHA’s decision to which VPP worksites testify are helping safety and health program. terminate. to convince skeptics that productivity, 3. Reapplication Following quality, profitability, and safety are K. Changes in Post-Approval Contact/ Termination, Draft Section P.4., requires complementary goals. Assistance a terminated site to wait 3 years before VPP participants enter into a new Draft Section N. is changed to clarify reapplying to the VPP. This requirement relationship with OSHA. In this the continuing participation steps a Star clarifies that reapplication will be innovative public/private partnership, Program participant must take if the considered only after the worksite has cooperation and trust nourish participant’s 3-year rate(s) move above had sufficient time to reestablish an improvements in safety and health, not the industry average. effective safety and health program. just at VPP sites, but also beyond the

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Cooperative Relationship commitment to improving their admission to the Voluntary Protection industries and communities, enable Programs (VPP); the conditions of VPP participants work cooperatively them to accomplish a broad range of participation, termination, or with the Agency, both in the resolution safety and health objectives. VPP withdrawal; and the means of of safety and health problems and in the participants mentor other worksites reinstatement. promotion of effective safety and health interested in improving their safety and programs. This cooperation takes such C. Program Description health programs; conduct safety and forms as presentations before meetings health training and outreach seminars; 1. General of labor, industry, and government and hold safety and health conferences groups; input in OSHA rulemaking; and The VPP emphasize the importance of participation in activities including that focus on leading-edge safety and comprehensive worksite safety and health issues. VPP participants also OSHA Volunteers, mentoring, outreach, health programs—safety and health participate with OSHA on VPP onsite and training. OSHA designates a contact management systems—in meeting the reviews. This unique program gives person, usually the Regional VPP goal of the Act ‘‘to assure so far as private and public sector safety and Manager, who coordinates each possible every working man and woman health professionals the opportunity to approved site’s contact with the Agency. in the Nation safe and healthful working exchange ideas, gain new perspectives, conditions and to preserve our human D. Eligibility and grow professionally. Worksites in the VPP are removed resources. * * *’’ This emphasis is 1. General demonstrated through assistance to from programmed inspection lists for The VPP accepts applications from the duration of their participation, employers in their efforts to reach the VPP level of excellence; through private sector general industry, unless they choose to remain on the maritime, and construction worksites, lists. This helps OSHA to focus its cooperation among government, labor, and management to resolve safety and and from federal agency worksites inspection resources on establishments subject to 29 CFR part 1960, that have that are less likely to meet the health problems; and through official recognition of excellent safety and implemented a safety and health requirements of the OSH Act. However, program. VPP accepts applications from health programs. VPP sites are expected OSHA continues to investigate valid owners and site managers (such as a to effectively protect their workers from employee safety and health complaints, construction site’s general contractor or the hazards of the workplace through fatalities and catastrophes, and other construction manager) who control site their safety and health programs. They significant events at VPP sites according operations and have ultimate do this by meeting established, rigorous to established Agency procedures. responsibility for assuring safe and safety and health program management Participation in any of the programs healthful working conditions at the site. criteria. does not diminish existing employer VPP also accepts applications from The VPP consist of three programs: and employee responsibilities and rights resident contractors at participating VPP Star, Demonstration, and Merit. The Star under the Act. In particular, OSHA does sites for the contractors’ operations at not intend to increase the liability of Program recognizes worksites that are those VPP sites. Site management any party at an approved VPP site. self-sufficient in their ability to control submits the application, but it must Employees or any representatives of hazards at the worksite. The reflect the support of site employees employees taking part in an OSHA- Demonstration Program recognizes and, where applicable, their collective approved VPP safety and health worksites that have Star quality safety bargaining representatives. program do not assume the employer’s and health programs but require statutory or common law demonstration and/or testing of 2. Unionized Sites responsibilities for providing safe and experimental approaches that differ At sites with employees organized healthful workplaces; nor are employees from current Star requirements. The into one or more collective bargaining or their representatives expected to Merit Program recognizes worksites that units, the authorized representative for guarantee a safe and healthful work have good safety and health programs each collective bargaining unit must environment. but must take additional steps to reach either sign the application or submit a The programs included in the VPP are Star quality. signed statement indicating that the voluntary in the sense that no employer 2. Recognition collective bargaining agent(s) support is required to participate. Compliance VPP participation. Without such with OSHA’s requirements and When OSHA approves an applicant concurrence from all such authorized applicable laws remains mandatory. for participation in the VPP, the Agency agents, OSHA will not accept the Initial achievement and then continuing recognizes that the applicant is application. maintenance of the VPP requirements providing, at a minimum, the basic are conditions of participation. elements of ongoing, systematic 3. OSHA History The Assistant Secretary for protection of workers at the site in If an applicant has been inspected by Occupational Safety and Health accordance with rigorous VPP criteria. OSHA within the 36-month period determines approval for initial This protection makes general schedule preceding application, the inspection, participation in the VPP, advancement inspections unnecessary. Therefore, the abatement, and/or any other history of to the Star Program, all participation in site is removed from OSHA’s interaction with OSHA must indicate Demonstration Programs, and programmed inspection lists (unless the good faith attempts to improve safety termination from the VPP. The OSHA participant chooses not to be removed). and health. An applicant’s history must Regional Administrator who has The VPP symbols of recognition are include no open investigations and no jurisdiction over a participant certificates and plaques of approval and pending or open contested citations at

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Each year by February 15, each elements needed for program success, as Demonstration, and Merit Programs participating site will send to its delineated in F.5. below, must be must be accompanied by certain designated OSHA VPP Manager operating for a period of not less than assurances describing what the (described in Section N.1.) the site’s 12 months before Star approval. applicant agrees to do if the application injury/illness incidence and lost/ is approved. The applicant must assure restricted workday case numbers and 4. Injury/Illness Performance that: rates, hours worked, and estimated a. The general industry or maritime 1. The applicant will correct in a average employment for the past full applicant at the time of approval must timely manner all hazards addressed by calendar year; a copy of the most recent meet the following criteria: OSHA’s safety and health standards and annual evaluation of the site’s safety (1) For site employees—Both the 3- regulations and by Section 5(a)(1) of the and health program; a description of year injury and illness incidence rates Act. worksite outreach activities; and any and the lost/restricted workday injury 2. Site employees support the VPP success stories, e.g., reductions in and illness case rates for the most recent application. workers’ compensation rates, increases 3 calendar years must be below the most 3. VPP elements are in place, and the in employee involvement in the recent specific industry (at the three-or requirements of the elements will be program, etc. four-digit level) national averages met and maintained. In addition, each participating general published by BLS. 4. Employees, including newly hired industry or maritime site will send to Some applicants, usually smaller employees and contract employees the designated OSHA VPP Manager the worksites with limited numbers of when they reach the site, will have the site’s injury/illness incidence and lost/ employees and/or hours worked, may VPP explained to them, including restricted workday case numbers and use an alternative method for rates, hours worked, and estimated employee rights under the program and calculating incidence rates. The average employment for the past full under the Act. alternative method allows the employer calendar year for each applicable 5. Hazards discovered through to use the best 3 out of the most recent contractor’s employees who worked 500 employee notification, self-inspections, 4 years’ injury and illness experience. or more hours in any calendar quarter an OSHA onsite review, accident (a) To determine whether the at the site and who are covered under investigations, process hazard reviews, employer qualifies for the alternative Section F.4.a.(2). annual evaluations, or any other means calculation method, do the following: 11. Whenever significant • Using the most recent employment of report, investigation, or analysis will organizational or ownership changes be corrected in a timely manner, with statistics (hours worked in the most occur, the site shall provide OSHA a recent calendar year), calculate a effective interim protection provided as new Statement of Commitment signed necessary. Site deficiencies related to hypothetical rate for the employer by both management and any assuming that the employer had two compliance with OSHA requirements authorized collective bargaining agents. and identified during the OSHA cases during the year; 12. Whenever a change occurs in the • Compare that hypothetical rate to preapproval onsite review will be authorized collective bargaining agent, a the most recently published BLS rate for corrected within 90 days. new signed statement shall be provided the industry; and 6. Employees given safety and health indicating that the new representative • If the hypothetical rate (based on duties as part of the applicant’s safety supports VPP participation. two cases) gives the firm a rate equal to and health program will be protected F. The Star Program or higher than the national average for from discriminatory actions resulting its industry, the following alternative from their carrying out such duties, just 1. Purpose calculation method can be used. (If not, as section 11(c) of the Act protects The Star Program recognizes leaders it cannot be used.) employees who exercise their rights in occupational safety and health who (b) If the employer qualifies for the under the Act. are successfully protecting workers from alternative calculation method, the best 7. Employees will have access to the death, injury, and illness by 3 of the last 4 calendar years shall be results of self-inspections, accident implementing comprehensive and used to calculate the 3-year rates for the investigations, and other safety and effective safety and health programs. employer. health program data upon request. At Star participants willingly share their (2) For contract employees—The unionized construction sites, this experience and expertise, and they injury and illness and lost/restricted requirement may be met through encourage others to work toward workday injury and illness case rates employee representative access to these comparable success. (called the site contractor’s employee results. rates) for the most recent calendar year 8. The information listed below will 2. Term of Participation for each applicable contractor’s be maintained and available for OSHA The term for participation in an employees assigned to site also should review to determine initial and approved Star Program is open-ended so be below the most recent specific continued approval to the VPP: long as the participating site: industry national averages published by a. Written safety and health program; a. Continues to maintain its excellent BLS. b. All documentation enumerated safety and health program as evidenced (a) Applicable contractors are those under Section J.4. of this notice; and by favorable evaluation by OSHA every employers who have contracted with c. Any agreements between 30 to 60 months; and the site to perform certain jobs and management and the collective b. Submits the annual information whose employees worked a total of 500 bargaining agent(s) concerning safety required, e.g., annual rates data and or more hours in at least 1 calendar and health. program evaluation (see Section E.8.). quarter at the worksite.

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(b) The industry averages used shall understand the results desired and the responsibilities, so that essential tasks be determined by the Standard measures planned for achieving them, will be performed. In addition to clearly Industrial Classification (SIC) Code at especially those factors that are defining and implementing authority the three-or four-digit level for each type applicable directly to them. and responsibility for safety and health of work performed. (2) Commitment to VPP Participation. protection, management leadership (c) At worksites where an applicable Management must also clearly entails evaluating managers and contractor’s site rates may be above the demonstrate commitment to meeting supervisors annually, and operating a national average for the work being and maintaining the requirements of the documented system for reinforcing good performed, the site must describe the VPP. and correcting deficient performance. steps it is taking to ensure the (3) Planning. Planning for safety and (6) Employee Involvement. The site contractor’s site employees are provided health must be a part of the overall culture must enable and encourage effective protection. The site also must management planning process. In employee involvement in the planning describe how it is working with the construction, this includes pre-job and operation of the safety and health contractor to develop a plan to reduce planning and preparation for different program and in decisions that affect those rates within 2 years to below the phases of construction as the project employees’ safety and health. The industry average for the work being progresses. requirement for employee participation performed. (4) Written Safety and Health may be met in a variety of ways, as long b. The construction applicant, at the Program. All critical elements of a basic as employees have at least three active time of approval, must meet the systems management safety and health and meaningful ways to participate in following criteria: program must be part of the written safety and health problem identification (1) The site for which VPP application program. These critical elements are and resolution. This involvement must is being made must have been in management leadership and employee be in addition to the individual right to operation for at least 12 months. involvement, worksite analysis, hazard notify appropriate managers of (2) The applicant’s combined injury prevention and control, and safety and hazardous conditions and practices and and illness incidence rate and lost/ health training. All aspects of the safety to have issues addressed. Examples of restricted workday injury and illness and health program must be appropriate acceptable employee involvement case rate from site inception until time to the size of the worksite and the type include but are not limited to the of application must include all workers of industry. Some formal requirements, following: of all subcontractors and must be below such as certain written procedures or (a) Participating in ad hoc safety and the national average for the type of documentation, may be waived for health problem-solving groups, construction at the site according to the small businesses where the effectiveness (b) Participating in audits and/or most precise SIC code. The site’s SIC of the systems has been evaluated and worksite inspections, code is determined by the type of verified. Waivers will be decided on a (c) Participating in accident and construction project, not individual case-by-case basis. incident investigations, trades. (5) Management Leadership. (d) Developing and/or participating in c. Federal agency applicants shall Managers must provide visible employee improvement suggestion follow the same requirements as general leadership in implementing the programs, industry and maritime (see a. above), program. This must include: (e) Training other employees in safety except that 3-year rates may be (a) Establishing clear lines of and health, calculated by fiscal year instead of communication with employees; (f) Analyzing job/process hazards, calendar year. (b) Setting an example of safe and (g) Acting as safety observers, 5. Safety and Health Program healthful behavior; (h) Serving on safety and health Qualifications for the Star Program (c) Creating an environment that committees constituted in conformance a. Management Leadership and allows for reasonable employee access to the National Labor Relations Act. Employee Involvement. Each applicant to top site management; (7) Contract Worker Coverage. All must be able to demonstrate top-level (d) Ensuring that all workers at the contractors and subcontractors, whether management leadership in the site’s site, including contract workers, are in general industry, construction, or safety and health program. Management provided equally high quality safety and maritime, are required to follow systems for comprehensive planning health protection; worksite safety and health rules and must address protection of worker safety (e) Clearly defining responsibility in procedures applicable to their activities and health. Employees must be writing, with no unassigned areas. Each while at the site. meaningfully involved in the safety and employee, at any level, must be able to (a) Essentially, participants are health program. describe his/her responsibility for safety expected to require of their contractor(s) (1) Commitment to Safety and Health and health; what OSHA requires of them, an Protection. Authority and responsibility (f) Assigning commensurate authority effective safety and health program for employee safety and health must be to those who have responsibility; management system in place with injury integrated with the overall management (g) Affording adequate resources to and illness rates for site contractor system of the organization and must those who have responsibility and employees below the averages for their involve employees. This commitment authority. This includes such resources industries. includes: as time, training, personnel, equipment, (b) Participants must demonstrate that (a) Policy. Clearly established policies budget, and access to expert they have considered the safety and for worker safety and health protection information, including appropriate use health programs and/or performance that have been communicated to and of certified industrial hygienists (CIH) history of all contractors during the understood by employees; and and certified safety professionals (CSP) evaluation and selection of these (b) Goal and Objectives. Established as needed, based on the risks at the site; contractors. and communicated goal(s) for the safety and (c) Participants must document that and health program and results-oriented (h) Holding managers, supervisors, all contractors and subcontractors objectives for meeting that goal, so that and non-supervisory employees operating routinely at the site maintain all members of the organization accountable for meeting their effective safety and health programs and

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The final evaluation is to the whole worksite at least quarterly; must be documentary evidence of the determine what has been learned about (b) In construction, these inspections exercise of this authority at the site. safety and health activities that can be must cover the entire worksite at least • Such documentation must describe used to improve the contractor’s safety weekly. the means for prompt elimination or and health program at other sites. If a (5) A reliable system for employees, control of hazards, however detected, by construction company does not provide without fear of reprisal, to notify the applicant in the event that this final evaluation, OSHA will not appropriate management personnel in contractors or individuals fail to correct consider subsequent VPP applications writing about conditions that appear or control such hazards. for other sites operated by that • hazardous and to receive timely and Such documentation must describe company. appropriate responses. The system must how the contractor submits the injury/ b. Worksite Analysis. Management of include tracking of responses and illness incidence and lost/restricted safety and health programs must begin tracking of hazard elimination or control workday data as described in F.4.a.(2) with a thorough understanding of all to completion. and how, if the applicable contractor’s hazardous situations to which (6) An accident/incident investigation employee rates are above the BLS employees may be exposed and the system that includes written procedures averages for their industries, the ability to recognize and correct all or guidance, with written reports of participant will work with the hazards as they arise. This requires: findings and hazard elimination or contractor to ensure that these rates will (1) Procedures to ensure analysis of control tracking to completion. be reduced to below average within 2 all newly acquired or altered facilities, Investigations are expected to seek out years. processes, materials, equipment, and/or root causes of the accident or event and • Such documentation must describe phases before use begins, to identify to cover ‘‘near miss’’ incidents. the penalties, including contractor hazards and the means for their (7) A system to analyze trends correction and/or dismissal from the prevention or control. through a review of injury/illness worksite, for willful or repeated non- (2) Comprehensive safety and health experience and hazards identified compliance by contractors, surveys, at intervals appropriate for the through inspections, employee reports, subcontractors, or individuals. nature of workplace operations, which accident investigations, and/or other (8) Safety and Health Program include: Evaluation. The applicant must have a (a) Identification of safety hazards means, so that patterns with common system for annually evaluating the accomplished by an initial causes can be identified and the causes operation of the safety and health comprehensive baseline survey and eliminated or controlled. program. This system will judge success then subsequent surveys as needed; c. Hazard Prevention and Control. in meeting the program’s goal and (b) Identification of health hazards Based on the results of worksite objectives, and will assist those and employee exposure levels analysis, identified hazards must be responsible to determine and implement accomplished through an industrial eliminated or controlled by developing changes for continually improving hygiene sampling rationale and strategy. and implementing the systems worker safety and health protection. Sampling rationale should be based on enumerated beginning at (2) below. (a) The system must provide for an data including reviews of work (1) The following hierarchy shall annual written narrative report with processes, material safety data sheets, govern actions to eliminate or control recommendations for timely employee complaints, exposure hazards, with (a) being the most improvements, assignment of incidents, medical records, and desirable: responsibility for those improvements, previous monitoring results. The (a) Engineering controls are the most and documentation of timely follow-up sampling strategy should include reliable and effective type of controls. action or the reason no action was baseline and subsequent surveys that These are design changes that directly taken. assess employees’ exposure through eliminate (ideally) or limit the severity (b) The evaluation must assess the screening and full shift sampling when and/or likelihood of the hazard, e.g. effectiveness of all elements described necessary; and reduction in pressure/amount of in F.5. and any other elements of the (c) The use of nationally recognized hazardous material, substitution of less site’s safety and health program. procedures for all sampling, testing, and hazardous material, reduction of noise (c) When a participant submits its analysis with written records of results. produced, fail-safe design, leak before annual evaluation report to OSHA, the (3) Routine examination and analysis burst, fault tolerance/redundancy, site must also provide a report of safety and health hazards associated ergonomics, etc. Although not as describing its outreach activities, with individual jobs, processes, or reliable as true engineering controls, including efforts such as mentoring phases and inclusion of the results in this category also includes protective other worksites, making presentations at training and hazard control programs. safety devices such as guards, barriers, meetings and conferences, providing This may include job hazard analysis interlocks, grounding and bonding input into OSHA’s rulemaking, and and/or process hazard review. In systems, pressure relief valves to keep generally helping OSHA to carry out its construction, the emphasis must be on pressure within a safe limit, etc. These mission. special safety and health hazards of items typically seek to reduce indirectly (d) The evaluation may be conducted each craft and each phase of work. the likelihood of the hazard. These by competent corporate or site (4) A system for conducting, as controls are often linked with caution personnel or by competent private appropriate, routine self-inspections and warning devices like detectors and sector third parties who are trained and/ that follows written procedures or alarms that are either automatic (do not or experienced in performing such guidance and that results in written require a human response) or manual evaluations. The evaluation should reports of findings and tracking of (require a human response);

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(b) Administrative controls that provisions for emergency telephone (1) Exploring the application of VPP significantly limit daily exposure to numbers, exit routes, and training drills in industries where OSHA lacks hazard by control or manipulation of the including, at a minimum, annual substantial experience; work schedule or manner in which evacuation drills. (2) Testing alternative application and work is performed, e.g., job rotation; d. Safety and Health Training. approval protocols that may enable sites (c) Work Practice controls, a type of Training is necessary to reinforce and currently ineligible for VPP to qualify administrative control that includes complement management’s commitment for participation; and workplace rules, safe and healthful to prevent exposure to hazards. All (3) Demonstrating the feasibility of work practices, and procedures for employees must understand the hazards joint federal agency oversight, including specific operations. Work Practice to which they may be exposed and how joint audits, in the area of workplace controls modify the manner in which an to prevent harm to themselves and safety and health. employee performs assigned work. This others from such hazard exposure. b. A Demonstration Program also may modification may result in a reduction Effective training enables employees to be used to demonstrate the potential for of exposure through such methods as accept and follow established safety and a new VPP program. changing work habits, improving health procedures. Training for safety c. The basic parameters of a sanitation and hygiene practices, or and health must ensure that: Demonstration Program shall be making other changes in the way the (1) Managers and supervisors developed at the National Office or employee performs the job. These understand their safety and health Regional level and shall include a clear controls must be: outline of specific requirements. • responsibilities (see F.5.a.) and are able Understood and followed by all to carry them out effectively; d. The decision to implement a Demonstration Program shall be affected parties; (2) Managers, supervisors, and non- • Appropriate to the hazards of the approved by the Assistant Secretary supervisory employees (including site; before any worksite is considered for contract employees) are made aware of • Equitably enforced through a participation. clearly communicated written hazards, and are taught how to disciplinary system that includes recognize hazardous conditions and the 2. Qualifications for Demonstration procedures for disciplinary action or signs and symptoms of workplace- Programs reorientation of managers, supervisors, related illnesses; a. Safety and Health Program and non-supervisory employees who (3) Managers, supervisors, and non- Requirements. Demonstration Program break or disregard safety rules, safe supervisory employees (including applicants must have a site safety and work practices, proper materials contract employees) learn the safe work health program that, at a minimum, handling, or emergency procedures; procedures to follow in order to protect addresses the basic elements • Written, implemented, and updated themselves from hazards, through (management leadership and employee by management as needed, and must be training provided at the same time they involvement, worksite analysis, hazard used by employees; and are taught to do a job and through prevention and control, and safety and • Incorporated in training, positive reinforcement; health training) described for Star in reinforcement, and correction programs; (4) Managers, supervisors, non- Section F.5. above. How the applicant and supervisory employees (including implements these elements may be the (d) Personal protective equipment. contractor employees), and visitors on subject of demonstration so long as Star (2) A system for initiating and the site understand what to do in quality protection is afforded to all tracking hazard elimination or control emergency situations; and employees and contractors. Further, in a timely manner; (5) Where personal protective where an alternative is being tested, the (3) A written system for, and ongoing equipment is required, employees applicant may not be required to meet documentation of, the monitoring and understand that it is required, why it is each of the specific elements that maintenance of workplace equipment required, its limitations, how to use it, comprise each basic element. such as preventive and predictive and how to maintain it; and employees b. Injury and Illness Rates. These are maintenance, to prevent equipment use it properly. identical to Star Program rates from becoming hazardous; 6. Compliance with OSHA requirements. See F.4. (4) An occupational health care Requirements c. Applicants must demonstrate to the program that uses licensed health care All Star sites are expected to comply Assistant Secretary’s satisfaction that professionals to assess employee health with OSHA requirements. Any site the alternative approach shows status for prevention of and early deficiencies related to compliance that reasonable promise of being successful recognition and treatment of illness and are uncovered through an OSHA onsite and of leading to changes in the Star injury; and that provides, at a minimum, review, an internal inspection, an Program requirements. certified first aid and cardiopulmonary employee report, or other means shall 3. Term of Participation resuscitation (CPR) providers onsite for be corrected promptly. all shifts, and physician and emergency Worksites may be approved to a medical care available within a G. Demonstration Programs Demonstration Program for the period of reasonable time and distance. 1. Program Purpose and Approval time agreed upon in advance of Occupational health care professionals approval, but not to exceed 5 years and should be used as appropriate to a. Demonstration Programs provide subject to regular evaluation every 12 to accomplish these functions; and the opportunity for companies and/or 18 months. (5) Procedures for response to worksites to demonstrate the 4. Approval of Demonstration emergencies on all shifts. These effectiveness of alternative methods of Program Worksite to Star procedures must be written and achieving safety and health program a. Approval to Star is contingent communicated to all employees, must excellence that could be substituted for upon: list requirements for personal protective current Star requirements. OSHA may (1) Successful demonstration of the equipment, first aid, medical care, and approve a Demonstration Program for alternative aspects of the safety and emergency egress, and must include such purposes as: health program; and

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(2) A decision by the Assistant worksite analysis, hazard prevention in longer-term Merit goals. How a site is Secretary that changing the and control, and safety and health working toward or has achieved its requirements of the Star Program to training) must all be operational or, at Merit goals must be discussed in the allow inclusion of these alternative a minimum, in place and ready for site’s annual evaluation of its safety and provisions is desirable and will result in implementation by the date of approval. health program (Section F.5.a.(12)). For the construction industry, each site a continuing high level of worker 3. Term of Participation protection. must have in place an active program b. Once a decision has been made by that provides for safety and health Worksites will be approved to the the Assistant Secretary to change Star inspections involving trained employees Merit Program for a period of time requirements, those changes will be before approval. agreed upon in advance of approval but effective on the date they are announced (2) The eligible applicant may not not to exceed 3 years. The term will to the public. have met each of the specific Star depend upon how long it is expected to c. When the change has become requirements comprising each basic take the applicant to accomplish the effective, the Demonstration site(s) may element. Participation in Merit is an goals for Star participation. be approved to Star without submitting opportunity for employers and their Participation is canceled at the end of a new application or undergoing further employees to work with OSHA to the term unless approval for a second onsite review, provided that the improve the quality of their safety and term is recommended and is approved approval occurs no later than 1 year health programs and, if necessary, by the Assistant Secretary. Approval for following the last evaluation under the reduce their injury and illness rates to a second term will be recommended Demonstration Program. If more than 1 meet the requirements for Star. The only when unanticipated unique year has elapsed, an evaluation shall be site’s safety and health program must be circumstances slow the participant’s conducted prior to recommending the at Star quality within 3 years. progress toward accomplishing the worksite for approval to the Star b. Injury and Illness Rates. goals. (1) For general industry and maritime, Program. 4. Multi-Site Eligibility if the applicant’s 3-year injury and 5. Demonstration Termination illness incidence and/or lost/restricted OSHA expects that companies having many sites applying to the VPP will be a. OSHA will terminate a workday case rate for the last 3 calendar able to learn from the experience of Demonstration Program for the years prior to approval does not meet their first few approved sites and, following reasons: the Star rates requirement (F.4.a.), the therefore, will be able to bring their (1) The Demonstration is likely to applicant must have a plan to achieve remaining sites to Star quality before endanger workers at the approved Star rates requirements within 2 years. It must be statistically possible to submitting VPP applications. If OSHA site(s). determines that any such company has (2) It is unlikely that the achieve this goal. For each applicable contractor the resources to develop Star quality Demonstration will result in working at the site (for definition see worksites, OSHA, at its discretion, may participating sites’ approval to the Star F.4.a.(2)(a)), if one or both rates are limit the number of Merit sites approved Program or creation of a new Program. above the national average, the site must in the VPP from that company. In (3) The Demonstration period has demonstrate what action will be taken situations where this limit has been expired. to reduce the rate(s) so that within 2 imposed and reached, and where a VPP b. When a Demonstration Program years they are below the applicable team determines that an additional site ends, any participating sites not contractor industry average(s) for the is not at Star quality, the team shall give approved to Star will be terminated work being performed at the site. the site a list of goals to be met and from the VPP. (2) For construction, if the injury and documented and a minimum time frame H. The Merit Program illness rates for the applicant site are not of at least 1 year before a team will below the industry averages as required return to the site for further review. 1. Purpose for Star, the applicant company must I. Application for VPP The Merit Program is aimed at demonstrate that the company’s 3-year employers in any industry who do not injury and illness rates are below the 1. Instructions yet meet the qualifications for the Star most recently published BLS national OSHA will prepare, keep current, and Program but who have implemented a average for the industry (at the three- make available to all interested parties safety and health program and who digit level). The injury and illness application guidelines that explain the want to work toward Star Program incidence rate and the lost/restricted information to be submitted for OSHA participation. If OSHA determines that workday case rate must each be review. an employer has demonstrated the calculated over the last 3 complete commitment and possesses the calendar years. The rate must include 2. Content resources to achieve Star requirements all the applicant’s employees who are a. Eligible applicants are required to within 3 years, Merit is used to set goals actually employed at construction sites provide all information described in the that, when achieved, will qualify the in that SIC. The applicant may use most current version of the relevant site for Star participation. nationwide employment or may application instructions. designate, with OSHA approval, an b. Amendments to submitted 2. Qualifications for Merit appropriate geographical area that applications shall be requested when a. Safety and Health Program includes the site for which application the application information is Requirements. An eligible applicant to is made. insufficient to determine eligibility for the Merit Program must have a written c. Goals/Annual Evaluation. In onsite review. safety and health program that covers consultation with the applicant, OSHA c. Materials needed to document the the essential elements described in will set goals to bring Merit sites up to safety and health program that may Section F.5. for Star. Star level. Site deficiencies related to involve trade secrets or employee (1) The basic elements (management compliance with OSHA rules will be privacy interests must not be included leadership and employee involvement, listed as 90-day items and not included in the application. Instead, such

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In the Regional Office—Complete health program adequately protects The number of application copies VPP application and amendments; pre- workers from the hazards at the site, and requested by OSHA shall be submitted approval report and subsequent verification of compliance with OSHA to the appropriate OSHA Regional evaluation reports; the Regional and VPP requirements. Office or, in the case of some Administrator’s letter of The review shall include random Demonstration Program applications, to recommendation; Regional formal and informal interviews with OSHA’s Directorate of Federal-State Administrator transmittal memoranda to relevant individuals (such as members Operations in Washington, DC. Assistant Secretary via the Director of of any safety and health committees, Normally, at least two copies will be Federal-State Operations; the Assistant management personnel, randomly required, but the number requested may Secretary’s approval letters; the selected non-supervisory employees, vary depending upon circumstances memorandum to the appropriate Area and contract workers). particular to the program and/or the Director removing the approved site Onsite document review shall entail applicant. from the general inspection list; and examination of the following records (or 4. Acceptance of Application related correspondence. samples) if they exist and are relevant to the application or to the safety and J. Pre-Approval Onsite Review a. OSHA conducts an initial review of health program: each application to determine whether 1. Purpose. The pre-approval review, a. Written safety and health program; it meets VPP criteria that can be which OSHA conducts in a non- b. Management statement of substantiated by the site’s written safety enforcement capacity, is a review of the commitment to safety and health; and health program and supporting site’s safety and health program. It is c. The OSHA Form 200 log for the site documentation. The applicant shall be conducted to: and for all site contractor employees given the opportunity to improve its a. Verify the information supplied in who are required to report; application by submitting amended or the application concerning qualification d. Safety and health manual(s); additional materials. for the VPP; e. Safety rules, emergency procedures, b. If the application is incomplete, b. Identify the strengths and and examples of safe work procedures; and if after notification the applicant weaknesses of the site’s safety and f. The system for enforcing safety has not responded within 90 days to health program; rules; OSHA’s request for more information, c. Determine the adequacy of the site’s g. Reports from employees of safety the Agency will consider the safety and health program to address the and health problems and documentation application unacceptable and will hazards of the site and to ensure of management’s response; return it to the site. The site may compliance with all OSHA h. Self-inspection procedures, reports, resubmit the application when it is requirements; and and correction tracking; complete. d. Obtain information to assist the i. Accident investigation reports and Assistant Secretary in making the VPP analyses; 5. Withdrawal of Application approval decision. j. Safety and health committee a. Any applicant may withdraw a 2. Preparation. The review shall be minutes; submitted application at any time. arranged at the mutual convenience of k. Employee orientation and safety When the applicant notifies OSHA of its OSHA and the applicant. The review training programs and attendance desire to withdraw, the original team shall consist of a team leader; a records; application(s) will be returned to the back-up team leader (whenever l. Baseline safety and industrial applicant. possible); and health, safety, and other hygiene exposure assessments and b. OSHA may keep the assigned VPP specialists as required by the size of the updates; Manager’s marked working copy of the site and the complexity of its m. Industrial hygiene monitoring application for a year before discarding operations. records, results, exposure calculations, it, in order to respond knowledgeably 3. Duration. The time required for the analyses and summary reports; should the applicant raise questions pre-approval onsite review will depend n. Annual safety and health program concerning the handling of the upon the size of the site and the evaluations and site and/or corporate application. Once an application has complexity of its operations. Pre- audits (where site audits are not been withdrawn, a new submission of approval reviews usually average 4 days comprehensive) necessary to establish an application is required to be onsite, but may be shorter or longer that VPP requirements are being met considered for VPP approval. based on the decision of the Regional (trade secret concerns will be Administrator or Regional VPP accommodated to the extent possible), 6. Public Access Manager. including the documented follow-up The following documents shall be 4. Scope. All pre-approval onsite activities, for at least the last 3 years; maintained by OSHA for public access reviews follow a three-pronged strategy o. Preventive maintenance program beginning on the day the site attains that assesses a site’s safety and health and records; VPP approval and continuing for so long program by means of document review, p. Accountability and responsibility as the site remains in VPP: site walkthrough, and employee documentation, e.g., performance a. In the National Office—Site interviews. standards and appraisals; information and the general description The onsite review shall include a q. Contractor safety and health of the site’s safety and health program review of injury and illness records, program(s); from the application; pre-approval recalculation and verification of the r. Occupational health care programs report and subsequent evaluation injury/illness and incidence rates and records;

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s. Available resources devoted to shall forward the appeal to the Assistant normal OSHA enforcement procedures, safety and health; Secretary, along with the team’s whether or not injury/illness is t. Hazard and process analyses; recommendation of denial and the FSO involved. OSHA will use VPP personnel u. Process Safety Management Director’s own recommendation. to determine whether the accident or documentation, if applicable; 4. Should the Assistant Secretary for incident reflects a serious deficiency in v. Employee involvement activities; any reason reject the recommendation to the site’s safety and health program. and approve made by the Director of FSO N. Post-Approval Contact/Assistance w. Other records that provide relevant and/or the Regional Administrator, a documentation of VPP qualifications. letter from the Assistant Secretary 1. OSHA Contact Person denying approval and explaining the K. Recommendation for Program The Contact Person for each VPP rejection will be sent to the applicant. Approval worksite shall be the appropriate The denial will occur as of the date of Regional VPP Manager or his/her 1. Deferred Approval the letter. designee. This person shall be available If the pre-approval review determines M. Inspection/Investigation Provisions to assist the participant, as needed. that the applicant needs to take steps to 2. Assistance meet one or more program requirements 1. Programmed Inspections or to come into compliance with OSHA Participating worksites, unless they a. In some cases, such as in a rules, the applicant will be given choose otherwise, shall be removed Demonstration Program, at construction reasonable time (up to 90 days) before from OSHA’s programmed inspection sites, or when needed for the Merit a recommendation for VPP approval is lists, including any lists of targeted sites Program, an onsite assistance visit may made to the Assistant Secretary. When for the duration of approved be scheduled, e.g., to respond to necessary, an onsite visit shall be made participation in the VPP. The applicant employer technical inquiries or to to verify the actions taken after the pre- worksite shall be removed from the ensure the efficacy of a Demonstration. approval onsite review visit. programmed inspection lists no more b. Whenever significant changes in than 75 calendar days prior to the ownership or organizational structure 2. Approval commencement of its scheduled pre- occur, or the authorized collective If, in the opinion of the OSHA pre- approval onsite review. The site shall bargaining agent changes, OSHA may approval onsite review team, the remain off those lists until official make an onsite assistance visit if needed applicant has met the qualifications for denial of the application, applicant to determine the impact of the changes participation in a VPP, the team’s withdrawal of its application, or, if the on VPP participation. In the event of recommendation shall be made to the applicant is approved to the VPP, such changes, the appropriate Regional Regional Administrator, who, on subsequent cessation of active Administrator must be notified of the concurrence, shall recommend approval participation in the VPP. change, and a new signed Statement of to the Director of Federal-State Commitment shall be required. The Operations (FSO). The Director of 2. Unprogrammed Inspections Statement must be signed by Federal-State Operations shall review a. Workplace complaints to OSHA, all management and appropriate bargaining the pre-approval report for compliance fatalities and catastrophes, and other representatives. with the program criteria and consistent significant events shall be handled by c. Whenever the 3-year injury and application of the qualifications enforcement personnel in accordance illness or lost/restricted workday rates requirements and, on concurrence, shall with normal OSHA enforcement of a Star Program participant exceed the forward the recommendation to the procedures. latest national average published by Assistant Secretary to approve b. The history of the VPP BLS, at the discretion of the Regional participation. Approval shall occur on demonstrates that safety and health Administrator, the participant may be the day that the Assistant Secretary problems discovered during contact required to develop an agreed upon 2- signs a letter informing the applicant of with worksites normally are resolved year rate reduction plan. If appropriate, approval. cooperatively. Nevertheless, OSHA OSHA may make an onsite assistance must reserve the right, where visit to help the site develop the plan. L. Recommendation for Program Denial employees’ safety and health are O. Periodic Onsite Evaluation of 1. If OSHA determines that the seriously endangered and site Approved Worksites applicant does not meet the management refuses to correct the requirements for participation in one of situation, to refer the situation to the 1. The Star Program the VPP, the Agency shall allow Assistant Secretary for review and a. Purpose. Onsite evaluations of Star reasonable time (not to exceed 30 enforcement action. The employer shall participants are intended to: calendar days) for the applicant to be informed that a referral will be made (1) Determine continued qualification withdraw its application before the to the Assistant Secretary and that for the Star Program; Regional Administrator makes a denial enforcement action may result. (2) Document results of program recommendation to the Assistant participation in terms of the evaluation 3. Additional VPP Investigations Secretary. criteria and other noteworthy aspects of 2. If the Assistant Secretary accepts a. Following significant events, e.g., the site’s safety and health program; and the recommendation to deny approval, fatalities, chemical spills or leaks, or (3) Identify any problems that have the denial will occur as of the date the other accidents, OSHA may choose to the potential to adversely affect Assistant Secretary signs a letter use VPP personnel to conduct an onsite continued Star Program qualification informing the applicant of the decision. review to determine a participating and determine appropriate follow-up 3. An applicant may appeal to the site’s continued eligibility for VPP. actions. Assistant Secretary a finding by the b. OSHA also may choose to b. Frequency. The first post-approval OSHA pre-approval team that investigate other significant accidents or evaluation shall be within 30 to 42 requirements have not been met. The events that come to its attention and months of the initial Star approval or, in Director of Federal-State Operations that are not required to be handled with the case of a Demonstration Program site

VerDate 06-OCT-99 15:44 Oct 08, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\A12OC3.149 pfrm07 PsN: 12OCN4 55402 Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / Notices that has been approved to Star, within quality. A VPP onsite review team shall (1) Determine continued qualification 30 to 42 months of the last return in 1 year to determine if the site’s for the Merit Program, or determine Demonstration evaluation. safety and health program remains at whether the applicant may be approved Subsequently, all Star participants shall Star quality. If Star quality has been for the Star Program; be evaluated at no greater than 60- maintained, the team shall recommend (2) Determine whether adequate month intervals. (The identification of the site be re-approved to the Star progress has been made toward the potentially serious safety and health Program; or agreed-upon Merit goals; risks may create the need for more (3) Termination. After considering the (3) Identify any problems in the safety frequent evaluations.) recommendation of the VPP onsite and health program or its c. Scope. OSHA’s evaluation of Star review team, the Regional Administrator implementation that need resolution in Program participants shall consist may recommend to the Assistant order to continue qualification or meet mainly of an onsite visit similar in Secretary that a site be terminated if the agreed-upon goals; duration and scope to the pre-approval site has been found to have significantly (4) Document program improvements program review described in J.3–4. failed to maintain its safety and health and/or improved results; and program at Star quality. OSHA shall review the documentation (5) Provide advice and suggestions for of program implementation since pre- 2. The Demonstration Program needed improvements. approval review or since the previous a. Purpose of Evaluation. Onsite b. Frequency. The first evaluation of evaluation. The evaluation shall include a Merit participant shall be conducted a review of injury and illness incidence Demonstration evaluations are intended to: within 24 months (18 months is and lost/restricted workday case rates recommended) of approval. The site for the site and for its applicable (1) Determine continued qualification for the Demonstration Program; may request an earlier evaluation if it contractor employees as described in (2) Document results of program believes it has met Star Program F.4. The rates reported shall be for the participation in terms of the evaluation qualifications. latest 3 complete calendar years. The criteria and other noteworthy aspects of c. Scope. OSHA’s evaluation of Merit report requirements for applicable the site’s safety and health program; Program participants shall consist contractor rates will be phased in as (3) Ensure that the demonstration mainly of an onsite visit similar in follows: aspects of the program continue to be duration and scope to the pre-approval (1) In 2000, contractor data for effective and to protect employees; and calendar year 1999; program review described in J.3–4. (4) Identify any problems that have OSHA shall review documentation of (2) In 2001, contractor data for the potential to adversely affect calendar years 1999 and 2000; program implementation since the pre- continued Demonstration Program approval review or the previous (3) Thereafter, data for the most recent qualification and determine appropriate 3 calendar years. evaluation. The evaluation shall include follow-up actions. a review of injury and illness incidence d. Measures of Effectiveness. OSHA b. Frequency. Demonstration Program shall use the following factors in the and lost/restricted workday case rates participants shall be evaluated every 12 for the site and for its applicable evaluation of Star Program participants: to 18 months. (1) Continued compliance with the contractor employees as described in c. Scope. Identical to Star Program E.4. program requirements and continuous evaluations; see O.1.c. above. improvement in the safety and health d. Measures of Effectiveness. A d. Measures of Effectiveness. The program; Demonstration Program evaluation shall following factors shall be measured in (2) Satisfaction and continuing assess the effectiveness of the alternate the evaluation of Merit Programs: demonstrated commitment of criteria being demonstrated. It also shall (1) Continued adequacy of the safety employees and management; consider all factors used to measure the and health program to address the (3) Nature and validity of any effectiveness of Star Program potential hazards of the workplace; complaints received by OSHA; participants. See O.1.d. above. (2) Comparison of employer and (4) Nature and resolution of problems e. Evaluation Recommendations and contractor rates to the industry average; that may have come to OSHA’s attention Decisions. The Regional Administrator (3) Satisfaction and continuing since approval or the last evaluation; may make one of the following demonstrated commitment of and recommendations to the Assistant employees and management; (5) The effectiveness of employee Secretary following a Demonstration (4) Nature and validity of any participation programs. evaluation visit. The Assistant Secretary complaints received by OSHA; e. Evaluation Decisions and will then decide: (5) Resolution of problems that have Recommendations. The Regional (1) Continued participation in the come to OSHA’s attention; Administrator may make one of the Demonstration Program; following decisions/recommendations (6) Effectiveness of the employee (2) Changes in the Star requirements participation program; and following a Star evaluation visit: to include the aspects being (7) Progress made toward goals (1) Decision to continue participation demonstrated because they provide specified in the pre-approval or in the Star Program; effective Star quality safety and health previous evaluation report. (2) Decision to allow a 1-year protection; or conditional participation in the Star (3) Termination because either the e. Evaluation Decisions and Program. The VPP onsite review team Demonstration aspects do not provide Recommendations. The Regional may recommend this alternative if it Star quality protection or the site has Administrator may make one of the finds that the site has allowed one or significantly failed to maintain the following decisions/recommendations more program elements to slip below remainder of its safety and health following a Merit evaluation visit: Star quality. The site must return its program at Star quality. (1) Decision for continued Merit safety and health program to Star participation; quality within 90 calendar days of the 3. The Merit Program (2) Recommendation for advancement evaluation visit and must demonstrate a a. Purpose of Evaluation. Onsite Merit to the Star Program; or commitment to maintain that level of evaluations are intended to: (3) Recommendation for termination.

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P. Termination or Withdrawal g. Resident contractor participation is a. Other terms for termination were no longer possible because the host site agreed upon before approval; 1. Reasons for Termination. no longer participates in VPP. b. A set period for approval is A site will be terminated from the h. OSHA terminates a Demonstration expiring; or VPP when: Program for just cause. c. Construction has been completed at a. Participating site management, or i. The Regional Administrator a participating construction site. the duly authorized collective presents written evidence to the 3. Withdrawal of a Participating Site. bargaining agent, where applicable, Assistant Secretary that the essential Upon receipt of an OSHA notice of withdraws support for VPP trust and cooperation among labor, intent to terminate, or for any reason, a participation. management, and OSHA no longer exist, participant may withdraw from the VPP by submitting written notification to the b. A site fails to maintain its safety and therefore recommends termination, and the Assistant Secretary concurs. appropriate Regional Administrator. and health program in accordance with 4. Reapplication Following the program requirements. 2. Termination Notification and Appeal Termination. OSHA will not consider c. No significant progress has been or Withdrawal the reapplication of a terminated site for made toward achieving the established Under most circumstances, OSHA a period of 3 years from the date of Merit goals or 1-year Star Conditional shall provide the participant and termination. goals. bargaining unit representatives 30 days’ Q. Reinstatement d. The Merit term of approval has notice of intent to terminate a site’s expired, and no recommendation has participation in the VPP. During the 30- Reinstatement requires reapplication. been made for a second term. day period, the participant is entitled to Signed at Washington, DC, this 4th day of e. Construction work at a construction appeal in writing to the Assistant October, 1999. industry site has been completed. Secretary and to provide reasons why it Charles N. Jeffress, f. The sale of a VPP site to another believes the site should not be removed Assistant Secretary for Occupational Safety company or a management change has from the VPP. and Health. significantly weakened the safety and OSHA will not provide 30 days’ [FR Doc. 99–26558 Filed 10–8–99; 8:45 am] health program. notice when: BILLING CODE 4510±26±P

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Reader Aids Federal Register Vol. 64, No. 196 Tuesday, October 12, 1999

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 EO 13138)...... 53879 12994 (Amended by Presidential Documents Proclamations: EO 13138)...... 53879 Executive orders and proclamations 523±5227 4865 (See 13010 (Revoked in The United States Government Manual 523±5227 Memorandum of part by EO April 16, 1999) ...... 53883 13138) ...... 53879 7227...... 53877 Other Services 13017 (Revoked by 7228...... 54193 EO 13138)...... 53879 Electronic and on-line services (voice) 523±4534 7229...... 54195 13021 (Amended by Privacy Act Compilation 523±3187 7230...... 54197 EO 13138)...... 53879 523±6641 Public Laws Update Service (numbers, dates, etc.) 7231...... 54755 13037 (Revoked by TTY for the deaf-and-hard-of-hearing 523±5229 7232...... 54757 EO 13138)...... 53879 7233...... 54759 13038 (Revoked by Executive Orders: ELECTRONIC RESEARCH EO 13138)...... 53879 11145 (Amended by 13050 (Revoked by World Wide Web EO 13138)...... 53879 EO 13138)...... 53879 11183 (Amended by Full text of the daily Federal Register, CFR and other 13062 (Superseded in EO 13138)...... 53879 publications: part by EO 11287 (Amended by 13138) ...... 53879 http://www.access.gpo.gov/nara EO 13138)...... 53879 13086 (see EO Federal Register information and research tools, including Public 12131 (Amended by 13140) ...... 55115 Inspection List, indexes, and links to GPO Access: EO 13138)...... 53879 13115 (Amended by 12196 (Amended by http://www.nara.gov/fedreg EO 13138)...... 53879 EO 13138)...... 53879 13138...... 53879 E-mail 12216 (Amended by 13139...... 54175 EO 13138)...... 53879 13140...... 55115 PENS (Public Law Electronic Notification Service) is an E-mail 12345 (Amended by service for notification of recently enacted Public Laws. To EO 13138)...... 53879 Administrative Orders: subscribe, send E-mail to 12367 (Amended by Memorandums: [email protected] EO 13138)...... 53879 April 16, 1999 ...... 53883 with the text message: 12382 (Amended by Presidential Determinations: EO 13138)...... 53879 No. 99±38 of subscribe PUBLAWS-L your name 12473 (Amended by September 21, Use [email protected] only to subscribe or unsubscribe to EO 13140)...... 55115 1999 ...... 53573 PENS. We cannot respond to specific inquiries. 12478 (see EO No. 99±39 of Reference questions. Send questions and comments about the 13140 ...... 55115 September 21, Federal Register system to: 12550 (see EO 1999 ...... 53575 13140) ...... 55115 No. 99±40 of [email protected] 12586 (see EO September 21, The Federal Register staff cannot interpret specific documents or 13140) ...... 55115 1999 ...... 53577 regulations. 12708 (see EO No. 99±41 of 13140) ...... 55115 September 22, FEDERAL REGISTER PAGES AND DATE, OCTOBER 12767 (see EO 1999 ...... 53579 13140) ...... 55115 No. 99±42 of 53179±53580...... 1 12852 (Revoked by September 29, 53581±53882...... 4 EO 13138)...... 53879 1999 ...... 54499 53883±54198...... 5 12871 (Amended by No. 99±43 of EO 13138)...... 53879 September 30, 54199±54498...... 6 12876 (Amended by 1999 ...... 54501 54499±54758...... 7 EO 13138)...... 53879 No. 99±44 of 54759±55114...... 8 12882 (Amended by September 30, 55115±55404...... 12 EO 13138)...... 53879 1999 ...... 54503 12888 (see EO No. 99±45 of 13140) ...... 55115 September 30, 12900 (Amended by 1999 ...... 53505 EO 13138)...... 53879 12905 (Amended by 5 CFR EO 13138)...... 53879 12936 (see EO 532...... 53179 13140) ...... 55115 831...... 53581 12960 (see EO 842...... 53581 13140) ...... 55115 870...... 54761 12961 (Revoked by 1201...... 54507

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7 CFR 53893, 53894, 53895, 53896, 558...... 53926 3...... 53772 53898, 53899, 54203, 54204, 735...... 54508 878...... 53927 5...... 53772 54205, 54206, 55131 915...... 53181 900...... 53195 10...... 53772 93...... 53558 923...... 53885 Proposed Rules: 97 ...... 55132, 55133, 55135 38 CFR 944...... 53181 5...... 53281 1000...... 53885 Proposed Rules: 25...... 53281 3...... 54206 1001...... 53885 39 ...... 53275, 53951, 53953, 314...... 53960 17...... 54207 1002...... 53885 54227, 54229, 54230, 54232, 500...... 53281 Proposed Rules: 1004...... 53885 54234, 54237, 54239, 54240, 510...... 53281 20...... 53302 1005...... 53885 54242, 54246, 54248, 54249, 558...... 53281 601...... 53960 1006...... 53885 54580, 54582, 54584, 54587, 39 CFR 880...... 53294 1007...... 53885 54589, 54591, 54594, 54596, Proposed Rules: 54598, 54795, 54797, 54799, 1012...... 53885 22 CFR 111...... 54255 54801, 54804, 54808, 54811, 1013...... 53885 Ch. V...... 54538 1030...... 53885 54815, 54818, 54822, 54826, 40 CFR 54829, 54833, 55177, 55181, 171...... 54538 1032...... 53885 514...... 53928 52 ...... 53210, 53931, 54559, 1033...... 53885 55184, 55188, 55191, 55195, 55139, 55141 Proposed Rules: 1036...... 53885 55196, 55197, 55200, 55204, 61...... 53212 194...... 53632 1040...... 53885 55207, 55211 62...... 55141 1044...... 53885 71...... 53956, 53957 24 CFR 180 ...... 54218, 54777, 54779 1046...... 53885 193...... 53958 201...... 55141 450...... 54448 200...... 53930 1049...... 53885 882...... 53868 271...... 55142, 55153 300...... 53213, 53629 1050...... 53885 15 CFR 888...... 53450 1064...... 53885 Proposed Rules: 1065...... 53885 774...... 54520 25 CFR 49...... 54851 902...... 54732 1068...... 53885 516...... 54541 52 ...... 53303, 53973, 54600, 1076...... 53885 Proposed Rules: 54601, 54851, 55219, 55220 1079...... 53885 30...... 53861 26 CFR 122...... 53304 1106...... 53885 732...... 53854 1...... 55137 123...... 53304 1124...... 53885 740...... 53854 Proposed Rules: 124...... 53304 1126...... 53885 743...... 53854 1...... 54836 130...... 53304 1131...... 53885 748...... 53854 131...... 53304 1134...... 53885 750...... 53854 27 CFR 132...... 53632 1135...... 53885 752...... 53854 1...... 54776 197...... 53304 1137...... 53885 758...... 53854 258...... 53976 1138...... 53885 762...... 53854 28 CFR 264...... 54604 1139...... 53885 772...... 53854 Ch. I ...... 54794 271...... 55222 1755...... 53886 Proposed Rules: 17 CFR 571...... 53872 42 CFR 8 CFR 210...... 53900 Proposed Rules: 30 CFR Proposed Rules: 228...... 53900 57...... 54263 Ch. 1 ...... 54794 229...... 53900 250...... 53195 58...... 54263 230...... 53900 948...... 53200 447...... 54263 9 CFR 239...... 53900 950...... 53202 317...... 53186 240...... 53900 Proposed Rules: 43 CFR 381...... 53186 249...... 53900 250...... 53298 1820...... 53213 260...... 53900 915...... 54840 3500...... 53512 10 CFR 946...... 54843 3510...... 53512 20...... 54543 18 CFR 948...... 54845 3520...... 53512 2...... 54522 50...... 53582 32 CFR 3530...... 53512 72...... 53582 157...... 54522 3540...... 53512 431...... 54114 284...... 54522 1800...... 53769 3550...... 53512 Proposed Rules: 380...... 54522 33 CFR 3560...... 53512 2...... 55176 385...... 54522 3570...... 53512 100...... 53208, 53628 50...... 53270 Proposed Rules: 3800...... 53213 385...... 53959 117 ...... 53209, 54776, 55137 11 CFR 165...... 55138 44 CFR Proposed Rules: 110...... 55125 19 CFR 65 ...... 53931, 53933, 53936 20...... 53970 122...... 53627 67...... 53938, 53939 12 CFR 100...... 54847, 54849 206...... 55158 20 CFR 117...... 55217 204...... 53617 165...... 54242, 54963 Proposed Rules: 262...... 53188 Proposed Rules: 175...... 53971 67...... 53980, 53982 602...... 54511 404...... 55214 910...... 55125 422...... 55216 34 CFR 45 CFR 718...... 54966 Proposed Rules: 14 CFR Proposed Rules: 722...... 54966 75...... 54254 302...... 55074 25...... 54761 725...... 54966 303...... 55074 39 ...... 53189, 53191, 53193, 726...... 54966 36 CFR 304...... 55074 53620, 53621, 53623, 53625, 727...... 54966 Proposed Rules: 305...... 55074 54199, 54200, 54202, 54512, 217...... 59074 308...... 55102 54513, 54515, 54517, 54518, 21 CFR 219...... 59074 54763, 54767, 54769, 54770, Ch. II ...... 54794 46 CFR 54773, 54774 50...... 54180 37 CFR 1...... 53220 71 ...... 53627, 53887, 53888, 178...... 53925 Proposed Rules: 2...... 53220 53889, 53890, 53891, 53892, 312...... 54180 1...... 53772 4...... 53220

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10...... 53220, 53230 160...... 53220 Proposed Rules: 1034...... 53264 12...... 53230 161...... 53220 54...... 53648 1039...... 53264 15...... 53220 162...... 53220 61...... 53648 1100...... 53264 31...... 53220 167...... 53220 69...... 53648 1101...... 53264 34...... 53220 169...... 53220 73 ...... 53655, 54268, 54269, 1103...... 53264 38...... 53220 177...... 53220 54270, 55222, 55223 1104...... 53264 52...... 53220 181...... 53220 76...... 54854 1105...... 53264 53...... 53220 189...... 53220 48 CFR 1113...... 53264 54...... 53220 193...... 53220 1133...... 53264 Ch. 19 ...... 54538 56...... 53220 197...... 53220 1139...... 53264 199...... 53220 1...... 53264 57...... 53220 1150...... 53264 204...... 54782 15...... 53264 58...... 53220 1151...... 53264 19...... 53264 59...... 53220 Proposed Rules: 1152...... 53264 61...... 53220 5...... 53970 52...... 53264 1177...... 53264 63...... 53220 237...... 53447 1180...... 53264 64...... 53220 47 CFR 415...... 54963 1184...... 53264 67...... 53220 Ch. I ...... 54561 Proposed Rules: 68...... 53220 0...... 55161 1804...... 54270 Proposed Rules: 69...... 53220 1...... 53231 1812...... 54270 661...... 54855 76...... 53220 13...... 53231 1852...... 54270 91...... 53220 20...... 54564 50 CFR 95...... 53220 22...... 53231, 54564 49 CFR 98...... 53220 64 ...... 53242, 53944, 54577, 172...... 54730 216...... 53269 105...... 53220 55163, 55164 1002...... 53264 600...... 54786 107...... 53220 73 ...... 54224, 54225, 54783, 1003...... 53264 635...... 53949, 54577 108...... 53220 54784, 54785, 54786, 55172, 1007...... 53264 648...... 54732 109...... 53220 55173, 55174 1011...... 53264 660...... 54786 118...... 53220 80...... 53231 1012...... 53264 679 ...... 53630, 53950, 54225, 125...... 53220 87...... 53231 1014...... 53264 54578, 54791, 54792 133...... 53220 90...... 53231 1017...... 53264 Proposed Rules: 147...... 53220 95...... 53231 1018...... 53264 17...... 53655 151...... 53220 97...... 53231 1019...... 53264 660...... 54272 153...... 53220 101...... 53231 1021...... 53264 679...... 53305

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REMINDERS detectors; regulations due by 10-18-99; Nevada; comments due by The items in this list were improved and removed; published 9-17-99 10-21-99; published 10-1- editorially compiled as an aid published 8-10-99 COMMERCE DEPARTMENT 99 to Federal Register users. Coal mine safety and health: Export Administration Oregon; comments due by Inclusion or exclusion from Coal mine respirable dust Bureau 10-21-99; published 9-21- this list has no legal samplers; calibration and Export administration 99 significance. maintenance procedures; regulations: South Dakota; comments regulations improved and Commercial charges and due by 10-21-99; removed; published 8-10- devices containing published 9-21-99 RULES GOING INTO 99 energetic materials; Hazardous waste: EFFECT OCTOBER 12, Underground minesÐ exports and reexports; Identification and listingÐ 1999 Approved books and comments due by 10-18- Dye and pigment records; regulations 99; published 9-1-99 industries; comments AGRICULTURE improved and removed; COMMERCE DEPARTMENT due by 10-21-99; published 9-8-99 DEPARTMENT published 8-10-99 National Oceanic and Pesticides; tolerances in food, Food and Nutrition Service NUCLEAR REGULATORY Atmospheric Administration animal feeds, and raw COMMISSION Fishery conservation and Food stamp program: agricultural commodities: management: Electronic benefit transfer Acquisition regulations: Glufosinate ammonium; Caribbean, Gulf, and South system; adjustments; Revision; published 9-10-99 comments due by 10-18- Atlantic fisheriesÐ published 9-9-99 Organization, functions, and 99; published 8-18-99 Gulf of Mexico Region COMMERCE DEPARTMENT authority delegations: Pyriproxyfen; comments due fishery management by 10-18-99; published 8- National Oceanic and Local public document room plans; comments due 18-99 Atmospheric Administration programÐ by 10-18-99; published Fishery conservation and Public records; 8-18-99 Superfund program: management: discontinuance of Northeastern United States National oil and hazardous West Coast States and electronic availability; fisheriesÐ substances contingency planÐ Western Pacific published 9-9-99 Atlantic herring; comments National priorities list fisheriesÐ TRANSPORTATION due by 10-18-99; update; comments due Pacific Coast groundfish; DEPARTMENT published 9-16-99 published 9-10-99 by 10-18-99; published Federal Highway CONSUMER PRODUCT 9-17-99 Administration ENVIRONMENTAL SAFETY COMMISSION National priorities list PROTECTION AGENCY Engineering and traffic Consumer Product Safety Act: update; comments due Air quality implementation operations: Multi-purpose lighters; child by 10-18-99; published plans; approval and Truck size and weightÐ resistance standard; 9-17-99 promulgation; various Nondivisible load or comments due by 10-18- National priorities list; States: vehicle definition 99; published 8-4-99 update; comments due Indiana; correction; modification to include DEFENSE DEPARTMENT by 10-18-99; published published 10-12-99 marked military Civilian health and medical 9-17-99 Minnesota; published 8-13- vehicles; published 9-9- program of uniformed Water programs: 99 99 services (CHAMPUS): Clean Water ActÐ Hazardous waste program Prosthetic devices; Water quality planning authorizations: COMMENTS DUE NEXT comments due by 10-19- and management; Massachusetts; published WEEK 99; published 8-20-99 comments due by 10- 10-12-99 ENVIRONMENTAL 22-99; published 8-23- PROTECTION AGENCY 99 FEDERAL AGRICULTURE Air programs; approval and Water quality planning COMMUNICATIONS DEPARTMENT COMMISSION promulgation; State plans and management; Agricultural Marketing for designated facilities and National Pollutant Freedom of Information Act; Service pollutants: Discharge Elimination implementation: Tomatoes grown inÐ Arizona; comments due by System program and Confidential information Florida; comments due by 10-20-99; published 9-20- Federal antidegradation treatment; current policy 10-19-99; published 8-20- 99 policy; comments due examination; published 99 by 10-22-99; published 10-12-99 Delaware; comments due by Walnuts grown inÐ 10-18-99; published 9-17- 8-23-99 Radio stations; table of 99 FEDERAL assignments: California; comments due by 10-18-99; published 8-19- Delaware; correction; COMMUNICATIONS Arkansas; published 9-14-99 99 comments due by 10-18- COMMISSION California; published 9-10-99 99; published 9-29-99 Radio frequency devices: AGRICULTURE Digital television receivers; Colorado; published 9-10-99 DEPARTMENT Nevada; comments due by 10-20-99; published 9-20- closed captioning Hawaii; published 9-10-99 Rural Utilities Service 99 requirements; comments LABOR DEPARTMENT Telecommunications loan: Air quality implementation due by 10-18-99; Mine Safety and Health General policies, types of plans; approval and published 8-2-99 Administration loans and loan promulgation; various Radio stations; table of Coal mine and metal and requirements; comments States: assignments: nonmetal mine safety and due by 10-18-99; Arizona; comments due by Oregon; comments due by health: published 9-17-99 10-20-99; published 9-20- 10-18-99; published 9-10- Underground minesÐ Telecommunications loans: 99 99 Lighting equipment, coal General policies, types of California; comments due by GENERAL SERVICES dust/rock dust loans and loan 10-22-99; published 9-22- ADMINISTRATION analyzers, and methane requirements; comments 99 Acquisition regulations:

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Architect-engineer MANAGEMENT AND Eurocopter France; Policy and Conservation Act procurements; selection BUDGET OFFICE comments due by 10-22- through March 31, 2000. (Oct. criteria; comments due by Federal Procurement Policy 99; published 8-23-99 5, 1999; 113 Stat. 511) 10-18-99; published 8-17- Office Airworthiness standards: S. 1059/P.L. 106±65 99 Acquisition regulations: Transport category HEALTH AND HUMAN Cost Accounting Standards airplanesÐ National Defense Authorization SERVICES DEPARTMENT BoardÐ Landing gear shock Act for Fiscal Year 2000 (Oct. absorption test 5, 1999; 113 Stat. 512) Cost accounting practices; Food and Drug requirements; comments changes; comments due Administration due by 10-18-99; S. 293/P.L. 106±66 by 10-19-99; published Human drugs: published 6-18-99 8-20-99 To direct the Secretaries of Topical antifungal products Class E airspace; comments Agriculture and Interior to (OTC); tentative final NUCLEAR REGULATORY due by 10-18-99; published convey certain lands in San monograph; comments COMMISSION 8-27-99 Juan County, New Mexico, to due by 10-20-99; Radiation protection standards: Schools and other certificated San Juan College. (Oct. 6, published 7-22-99 Criticality guidance for low- agencies: 1999; 113 Stat. 977) level waste; proposed Repair stations; Part 145 HEALTH AND HUMAN S. 944/P.L. 106±67 SERVICES DEPARTMENT compatibility designation review; comments due by ange; comments due by 10-19-99; published 6-21- To amend Public Law 105-188 Health Care Financing 10-20-99; published 9-20- 99 to provide for the mineral Administration 99 TREASURY DEPARTMENT leasing of certain Indian lands Group and individual health Spent nuclear fuel and high- Internal Revenue Service in Oklahoma. (Oct. 6, 1999; insurance markets; Federal level radioactive waste; Procedure and administration: 113 Stat. 979) enforcement; comments due independent storage; Compromises of internal S. 1072/P.L. 106±68 by 10-19-99; published 8- licensing requirements: revenue taxes; cross 20-99 Approved spent fuel storage reference; comments due To make certain technical and Medicare: casks; list additions; by 10-19-99; published 7- other corrections relating to Graduate medical education; comments due by 10-22- 21-99 the Centennial of Flight incentive payments under 99; published 9-22-99 Commemoration Act (36 plans for voluntary POSTAL RATE COMMISSION U.S.C. 143 note; 112 Stat. LIST OF PUBLIC LAWS 3486 et seq.). (Oct. 6, 1999; reduction in number of Practice and procedure: residents; comments due 113 Stat. 981) Library reference rule; This is a continuing list of by 10-18-99; published 8- comments due by 10-20- public bills from the current Last List October 6, 1999 18-99 99; published 9-30-99 session of Congress which HOUSING AND URBAN have become Federal laws. It RAILROAD RETIREMENT may be used in conjunction DEVELOPMENT BOARD DEPARTMENT with ``P L U S'' (Public Laws Public Laws Electronic Emergency regulations: Update Service) on 202±523± Acquisition regulations: Notification Service Plan of operation during 6641. This list is also (PENS) Miscellaneous amendments; national emergency; available online at http:// comments due by 10-22- procedures update; www.nara.gov/fedreg. 99; published 8-23-99 comments due by 10-18- The text of laws is not 99; published 8-17-99 PENS is a free electronic mail INTERIOR DEPARTMENT published in the Federal notification service of newly Minerals Management TRANSPORTATION Register but may be ordered enacted public laws. To Service DEPARTMENT in ``slip law'' (individual subscribe, go to www.gsa.gov/ Royalty management: Federal Aviation pamphlet) form from the archives/publaws-l.html or Administration Superintendent of Documents, send E-mail to Federal geothermal Air carrier certification and U.S. Government Printing [email protected] with resources valuation; operations: Office, Washington, DC 20402 the following text message: comments due by 10-18- Aging airplane safety; (phone, 202±512±1808). The 99; published 8-19-99 SUBSCRIBE PUBLAWS-L comments due by 10-18- text will also be made Your Name. LABOR DEPARTMENT 99; published 8-18-99 available on the Internet from Occupational Safety and Airworthiness directives: GPO Access at http:// www.access.gpo.gov/nara/ Note: This service is strictly Health Administration Airbus; comments due by index.html. Some laws may for E-mail notification of new Construction safety and health 10-20-99; published 9-20- not yet be available. laws. The text of laws is not standards: 99 available through this service. Fall protection; comments Boeing; comments due by H.R. 2981/P.L. 106±64 PENS cannot respond to due by 10-22-99; 10-18-99; published 9-2- To extend energy conservation specific inquiries sent to this published 7-14-99 99 programs under the Energy address.

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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–038–00037–7) ...... 50.00 Jan. 1, 1999 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–038–00038–5) ...... 42.00 Jan. 1, 1999 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–038–00039–3) ...... 17.00 Jan. 1, 1999 numbers, prices, and revision dates. 200–1199 ...... (869–038–00040–7) ...... 28.00 Jan. 1, 1999 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–038–00041–5) ...... 24.00 Jan. 1, 1999 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–038–00042–3) ...... 25.00 Jan. 1, 1999 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–038–00043–1) ...... 36.00 Jan. 1, 1999 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–038–00044–0) ...... 24.00 Jan. 1, 1999 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–038–00045–8) ...... 32.00 Jan. 1, 1999 Office's GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–038–00046–6) ...... 37.00 Jan. 1, 1999 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–038–00048–2) ...... 29.00 Apr. 1, 1999 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–038–00049–1) ...... 34.00 Apr. 1, 1999 $951.00 domestic, $237.75 additional for foreign mailing. 240–End ...... (869–038–00050–4) ...... 44.00 Apr. 1, 1999 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–399 ...... (869–038–00051–2) ...... 48.00 Apr. 1, 1999 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–038–00052–1) ...... 14.00 Apr. 1, 1999 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–038–00053–9) ...... 37.00 Apr. 1, 1999 charge orders to (202) 512-2250. 141–199 ...... (869–038–00054–7) ...... 36.00 Apr. 1, 1999 200–End ...... (869–038–00055–5) ...... 18.00 Apr. 1, 1999 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–034–00001–1) ...... 5.00 5 Jan. 1, 1999 1–399 ...... (869–038–00056–3) ...... 30.00 Apr. 1, 1999 3 (1997 Compilation 400–499 ...... (869–038–00057–1) ...... 51.00 Apr. 1, 1999 and Parts 100 and 500–End ...... (869–038–00058–0) ...... 44.00 7 Apr. 1, 1999 1 101) ...... (869–038–00002–4) ...... 20.00 Jan. 1, 1999 21 Parts: 4 ...... (869–034–00003–7) ...... 7.00 5 Jan. 1, 1999 1–99 ...... (869–038–00059–8) ...... 24.00 Apr. 1, 1999 100–169 ...... (869–038–00060–1) ...... 28.00 Apr. 1, 1999 5 Parts: 170–199 ...... (869–038–00061–0) ...... 29.00 Apr. 1, 1999 1–699 ...... (869–038–00004–1) ...... 37.00 Jan. 1, 1999 200–299 ...... (869–038–00062–8) ...... 11.00 Apr. 1, 1999 700–1199 ...... (869–038–00005–9) ...... 27.00 Jan. 1, 1999 300–499 ...... (869–038–00063–6) ...... 50.00 Apr. 1, 1999 1200–End, 6 (6 500–599 ...... (869–038–00064–4) ...... 28.00 Apr. 1, 1999 Reserved) ...... (869–038–00006–7) ...... 44.00 Jan. 1, 1999 600–799 ...... (869–038–00065–2) ...... 9.00 Apr. 1, 1999 7 Parts: 800–1299 ...... (869–038–00066–8) ...... 35.00 Apr. 1, 1999 1–26 ...... (869–038–00007–5) ...... 25.00 Jan. 1, 1999 1300–End ...... (869–038–00067–9) ...... 14.00 Apr. 1, 1999 27–52 ...... (869–038–00008–3) ...... 32.00 Jan. 1, 1999 22 Parts: 53–209 ...... (869–038–00009–1) ...... 20.00 Jan. 1, 1999 1–299 ...... (869–038–00068–7) ...... 44.00 Apr. 1, 1999 210–299 ...... (869–038–00010–5) ...... 47.00 Jan. 1, 1999 300–End ...... (869–038–00069–5) ...... 32.00 Apr. 1, 1999 300–399 ...... (869–038–00011–3) ...... 25.00 Jan. 1, 1999 400–699 ...... (869–038–00012–1) ...... 37.00 Jan. 1, 1999 23 ...... (869–038–00070–9) ...... 27.00 Apr. 1, 1999 700–899 ...... (869–038–00013–0) ...... 32.00 Jan. 1, 1999 24 Parts: 900–999 ...... (869–038–00014–8) ...... 41.00 Jan. 1, 1999 0–199 ...... (869–038–00071–7) ...... 34.00 Apr. 1, 1999 1000–1199 ...... (869–038–00015–6) ...... 46.00 Jan. 1, 1999 200–499 ...... (869–038–00072–5) ...... 32.00 Apr. 1, 1999 1200–1599 ...... (869–038–00016–4) ...... 34.00 Jan. 1, 1999 500–699 ...... (869–038–00073–3) ...... 18.00 Apr. 1, 1999 1600–1899 ...... (869–038–00017–2) ...... 55.00 Jan. 1, 1999 700–1699 ...... (869–038–00074–1) ...... 40.00 Apr. 1, 1999 1900–1939 ...... (869–038–00018–1) ...... 19.00 Jan. 1, 1999 1700–End ...... (869–038–00075–0) ...... 18.00 Apr. 1, 1999 1940–1949 ...... (869–038–00019–9) ...... 34.00 Jan. 1, 1999 25 ...... (869–038–00076–8) ...... 47.00 Apr. 1, 1999 1950–1999 ...... (869–038–00020–2) ...... 41.00 Jan. 1, 1999 2000–End ...... (869–038–00021–1) ...... 27.00 Jan. 1, 1999 26 Parts: §§ 1.0-1–1.60 ...... (869–038–00077–6) ...... 27.00 Apr. 1, 1999 8 ...... (869–038–00022–9) ...... 36.00 Jan. 1, 1999 §§ 1.61–1.169 ...... (869–038–00078–4) ...... 50.00 Apr. 1, 1999 9 Parts: §§ 1.170–1.300 ...... (869–038–00079–2) ...... 34.00 Apr. 1, 1999 1–199 ...... (869–038–00023–7) ...... 42.00 Jan. 1, 1999 §§ 1.301–1.400 ...... (869–038–00080–6) ...... 25.00 Apr. 1, 1999 200–End ...... (869–038–00024–5) ...... 37.00 Jan. 1, 1999 §§ 1.401–1.440 ...... (869–038–00081–4) ...... 43.00 Apr. 1, 1999 §§ 1.441-1.500 ...... (869-038-00082-2) ...... 30.00 Apr. 1, 1999 10 Parts: §§ 1.501–1.640 ...... (869–038–00083–1) ...... 27.00 7 Apr. 1, 1999 1–50 ...... (869–038–00025–3) ...... 42.00 Jan. 1, 1999 §§ 1.641–1.850 ...... (869–038–00084–9) ...... 35.00 Apr. 1, 1999 51–199 ...... (869–038–00026–1) ...... 34.00 Jan. 1, 1999 §§ 1.851–1.907 ...... (869–038–00085–7) ...... 40.00 Apr. 1, 1999 200–499 ...... (869–038–00027–0) ...... 33.00 Jan. 1, 1999 §§ 1.908–1.1000 ...... (869–038–00086–5) ...... 38.00 Apr. 1, 1999 500–End ...... (869–038–00028–8) ...... 43.00 Jan. 1, 1999 §§ 1.1001–1.1400 ...... (869–038–00087–3) ...... 40.00 Apr. 1, 1999 11 ...... (869–038–0002–6) ...... 20.00 Jan. 1, 1999 §§ 1.1401–End ...... (869–038–00088–1) ...... 55.00 Apr. 1, 1999 2–29 ...... (869–038–00089–0) ...... 39.00 Apr. 1, 1999 12 Parts: 30–39 ...... (869–038–00090–3) ...... 28.00 Apr. 1, 1999 1–199 ...... (869–038–00030–0) ...... 17.00 Jan. 1, 1999 40–49 ...... (869–038–00091–1) ...... 17.00 Apr. 1, 1999 200–219 ...... (869–038–00031–8) ...... 20.00 Jan. 1, 1999 50–299 ...... (869–038–00092–0) ...... 21.00 Apr. 1, 1999 220–299 ...... (869–038–00032–6) ...... 40.00 Jan. 1, 1999 300–499 ...... (869–038–00093–8) ...... 37.00 Apr. 1, 1999 300–499 ...... (869–038–00033–4) ...... 25.00 Jan. 1, 1999 500–599 ...... (869–038–00094–6) ...... 11.00 Apr. 1, 1999 500–599 ...... (869–038–00034–2) ...... 24.00 Jan. 1, 1999 600–End ...... (869–038–00095–4) ...... 11.00 Apr. 1, 1999 600–End ...... (869–038–00035–1) ...... 45.00 Jan. 1, 1999 27 Parts: 13 ...... (869–038–00036–9) ...... 25.00 Jan. 1, 1999 1–199 ...... (869–038–00096–2) ...... 53.00 Apr. 1, 1999

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–038–00097–1) ...... 17.00 Apr. 1, 1999 266–299 ...... (869–034–00151–3) ...... 30.00 July 1, 1998 ...... 28 Parts: ...... 300–399 (869–034–00152–1) 26.00 July 1, 1998 400–424 ...... (869–034–00153–0) ...... 33.00 July 1, 1998 *0-42 ...... (869–034–00098–9) ...... 39.00 July 1, 1999 425–699 ...... (869–034–00154–8) ...... 42.00 July 1, 1998 43-end ...... (869-034-00099-7) ...... 32.00 July 1, 1999 700–789 ...... (869–034–00155–6) ...... 41.00 July 1, 1998 29 Parts: 790–End ...... (869–034–00156–4) ...... 22.00 July 1, 1998 0–99 ...... (869–034–00100–4) ...... 28.00 July 1, 1999 41 Chapters: 100–499 ...... (869–038–00101–2) ...... 13.00 July 1, 1999 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 8 500–899 ...... (869–034–00102–1) ...... 40.00 July 1, 1999 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 900–1899 ...... (869–034–00103–3) ...... 20.00 July 1, 1998 3–6 ...... 14.00 3 July 1, 1984 1900–1910 (§§ 1900 to 7 ...... 6.00 3 July 1, 1984 1910.999) ...... (869–034–00104–7) ...... 46.00 July 1, 1999 8 ...... 4.50 3 July 1, 1984 1910 (§§ 1910.1000 to 9 ...... 13.00 3 July 1, 1984 end) ...... (869–034–00105–5) ...... 28.00 July 1, 1999 10–17 ...... 9.50 3 July 1, 1984 1911–1925 ...... (869–034–00106–3) ...... 18.00 July 1, 1999 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1926 ...... (869–034–00107–1) ...... 30.00 July 1, 1999 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 1927–End ...... (869–034–00108–0) ...... 43.00 July 1, 1999 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 30 Parts: 19–100 ...... 13.00 3 July 1, 1984 1–199 ...... (869–034–00109–8) ...... 35.00 July 1, 1999 1–100 ...... (869–034–00157–2) ...... 13.00 July 1, 1998 200–699 ...... (869–038–00110–1) ...... 30.00 July 1, 1999 101 ...... (869–034–00159–4) ...... 39.00 July 1, 1999 700–End ...... (869–034–00111–0) ...... 35.00 July 1, 1999 102–200 ...... (869–034–00160–8) ...... 16.00 July 1, 1999 201–End ...... (869–034–00161–6) ...... 15.00 July 1, 1999 31 Parts: 0–199 ...... (869–038–00112–8) ...... 21.00 July 1, 1999 42 Parts: 200–End ...... (869–034–00113–1) ...... 46.00 July 1, 1998 1–399 ...... (869–034–00161–1) ...... 34.00 Oct. 1, 1998 400–429 ...... (869–034–00162–9) ...... 41.00 Oct. 1, 1998 32 Parts: 430–End ...... (869–034–00163–7) ...... 51.00 Oct. 1, 1998 1–39, Vol. I ...... 15.00 2 July 1, 1984 1–39, Vol. II ...... 19.00 2 July 1, 1984 43 Parts: 1–39, Vol. III ...... 18.00 2 July 1, 1984 1–999 ...... (869–034–00164–5) ...... 30.00 Oct. 1, 1998 1–190 ...... (869–034–00114–4) ...... 46.00 July 1, 1999 1000–end ...... (869–034–00165–3) ...... 48.00 Oct. 1, 1998 191–399 ...... (869–034–00115–7) ...... 51.00 July 1, 1998 44 ...... (869–034–00166–1) ...... 48.00 Oct. 1, 1998 400–629 ...... (869–034–00116–1) ...... 32.00 July 1, 1999 630–699 ...... (869–034–00117–9) ...... 23.00 July 1, 1999 45 Parts: *700–799 ...... (869–034–00118–7) ...... 27.00 July 1, 1999 1–199 ...... (869–034–00167–0) ...... 30.00 Oct. 1, 1998 800–End ...... (869–034–00119–5) ...... 27.00 July 1, 1999 200–499 ...... (869–034–00168–8) ...... 14.00 Oct. 1, 1998 500–1199 ...... (869–034–00169–6) ...... 30.00 Oct. 1, 1998 33 Parts: 1200–End ...... (869–034–00170–0) ...... 39.00 Oct. 1, 1998 1–124 ...... (869–034–00120–3) ...... 29.00 July 1, 1998 *125–199 ...... (869–034–00121–7) ...... 41.00 July 1, 1999 46 Parts: *200–End ...... (869–034–00122–5) ...... 33.00 July 1, 1999 1–40 ...... (869–034–00171–8) ...... 26.00 Oct. 1, 1998 41–69 ...... (869–034–00172–6) ...... 21.00 Oct. 1, 1998 34 Parts: 70–89 ...... (869–034–00173–4) ...... 8.00 Oct. 1, 1998 1–299 ...... (869–034–00123–8) ...... 27.00 July 1, 1998 90–139 ...... (869–034–00174–2) ...... 26.00 Oct. 1, 1998 300–399 ...... (869–034–00124–1) ...... 25.00 July 1, 1999 140–155 ...... (869–034–00175–1) ...... 14.00 Oct. 1, 1998 400–End ...... (869–034–00125–4) ...... 44.00 July 1, 1998 156–165 ...... (869–034–00176–9) ...... 19.00 Oct. 1, 1998 35 ...... (869–034–00126–2) ...... 14.00 July 1, 1998 166–199 ...... (869–034–00177–7) ...... 25.00 Oct. 1, 1998 200–499 ...... (869–034–00178–5) ...... 22.00 Oct. 1, 1998 36 Parts 500–End ...... (869–034–00179–3) ...... 16.00 Oct. 1, 1998 1–199 ...... (869–034–00127–6) ...... 21.00 July 1, 1999 200–299 ...... (869–034–00128–9) ...... 21.00 July 1, 1998 47 Parts: 300–End ...... (869–034–00129–2) ...... 38.00 July 1, 1999 0–19 ...... (869–034–00180–7) ...... 36.00 Oct. 1, 1998 20–39 ...... (869–034–00181–5) ...... 27.00 Oct. 1, 1998 37 (869–034–00130–1) ...... 27.00 July 1, 1998 40–69 ...... (869–034–00182–3) ...... 24.00 Oct. 1, 1998 38 Parts: 70–79 ...... (869–034–00183–1) ...... 37.00 Oct. 1, 1998 0–17 ...... (869–034–00131–9) ...... 34.00 July 1, 1998 80–End ...... (869–034–00184–0) ...... 40.00 Oct. 1, 1998 18–End ...... (869–034–00132–2) ...... 41.00 July 1, 1999 48 Chapters: 39 ...... (869–034–00133–1) ...... 24.00 July 1, 1999 1 (Parts 1–51) ...... (869–034–00185–8) ...... 51.00 Oct. 1, 1998 1 (Parts 52–99) ...... (869–034–00186–6) ...... 29.00 Oct. 1, 1998 40 Parts: 2 (Parts 201–299) ...... (869–034–00187–4) ...... 34.00 Oct. 1, 1998 *1–49 ...... (869–034–00134–9) ...... 33.00 July 1, 1999 3–6 ...... (869–034–00188–2) ...... 29.00 Oct. 1, 1998 *50–51 ...... (869–034–00135–7) ...... 25.00 July 1, 1999 7–14 ...... (869–034–00189–1) ...... 32.00 Oct. 1, 1998 52 (52.01–52.1018) ...... (869–034–00136–0) ...... 28.00 July 1, 1998 15–28 ...... (869–034–00190–4) ...... 33.00 Oct. 1, 1998 52 (52.1019–End) ...... (869–034–00137–8) ...... 33.00 July 1, 1998 29–End ...... (869–034–00191–2) ...... 24.00 Oct. 1, 1998 53–59 ...... (869–034–00138–6) ...... 17.00 July 1, 1998 60 ...... (869–034–00139–4) ...... 53.00 July 1, 1998 49 Parts: 61–62 ...... (869–034–00140–3) ...... 19.00 July 1, 1999 1–99 ...... (869–034–00192–1) ...... 31.00 Oct. 1, 1998 63 ...... (869–034–00141–6) ...... 57.00 July 1, 1998 100–185 ...... (869–034–00193–9) ...... 50.00 Oct. 1, 1998 64–71 ...... (869–034–00143–8) ...... 11.00 July 1, 1999 186–199 ...... (869–034–00194–7) ...... 11.00 Oct. 1, 1998 72–80 ...... (869–034–00143–2) ...... 36.00 July 1, 1998 200–399 ...... (869–034–00195–5) ...... 46.00 Oct. 1, 1998 81–85 ...... (869–034–00144–1) ...... 31.00 July 1, 1998 400–999 ...... (869–034–00196–3) ...... 54.00 Oct. 1, 1998 86 ...... (869–034–00144–9) ...... 53.00 July 1, 1998 1000–1199 ...... (869–034–00197–1) ...... 17.00 Oct. 1, 1998 87-135 ...... (869–034–00146–7) ...... 47.00 July 1, 1998 1200–End ...... (869–034–00198–0) ...... 13.00 Oct. 1, 1998 136–149 ...... (869–034–00147–5) ...... 37.00 July 1, 1998 50 Parts: 150–189 ...... (869–034–00148–3) ...... 34.00 July 1, 1998 1–199 ...... (869–034–00199–8) ...... 42.00 Oct. 1, 1998 190–259 ...... (869–034–00150–1) ...... 23.00 July 1, 1999 200–599 ...... (869–034–00200–5) ...... 22.00 Oct. 1, 1998 260–265 ...... (869–034–00150–9) ...... 29.00 July 1, 1998 600–End ...... (869–034–00201–3) ...... 33.00 Oct. 1, 1998

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Title Stock Number Price Revision Date CFR Index and Findings Aids ...... (869–038–00047–4) ...... 48.00 Jan. 1, 1999 Complete 1998 CFR set ...... 951.00 1998 Microfiche CFR Edition: Subscription (mailed as issued) ...... 247.00 1998 Individual copies ...... 1.00 1998 Complete set (one-time mailing) ...... 247.00 1997 Complete set (one-time mailing) ...... 264.00 1996 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 5 No amendments to this volume were promulgated during the period January 1, 1998 through December 31, 1998. The CFR volume issued as of January 1, 1997 should be retained. 7 No amendments to this volume were promulgated during the period April 1, 1998, through April 1, 1999. The CFR volume issued as of April 1, 1998, should be retained. 8 No amendments to this volume were promulgated during the period July 1, 1998, through July 1, 1999. The CFR volume issued as of July 1, 1998, should be retained.

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