Federal Register May 21,1999 Friday 1 II Federal Register / Vol

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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. 98

Friday, May 21, 1999

Agriculture Department Committee for Purchase From People Who Are Blind or See Animal and Plant Health Inspection Service Severely Disabled See Cooperative State Research, Education, and Extension NOTICES Service Procurement list; additions and deletions, 27751–27753 See Natural Resources Conservation Service Procurement list; additions and deletions; correction, 27753

Animal and Plant Health Inspection Service Committee for the Implementation of Textile Agreements RULES NOTICES Plant-related quarantine, domestic: Cotton, wool, and man-made textiles: Fire ant, imported, 27657–27660 China, 27757–27758 PROPOSED RULES Romania, 27758–27759 Exportation and importation of animals and animal products: Commodity Futures Trading Commission Poultry meat and other poultry products from Mexico; NOTICES relief of certain import restrictions, 27711–27717 Contract market proposals: Chicago Mercantile Exchange— CME Russian rubles, 27759–27760 Blind or Severely Disabled, Committee for Purchase From People Who Are Cooperative State Research, Education, and Extension See Committee for Purchase From People Who Are Blind or Service Severely Disabled NOTICES Grants and cooperative agreements; availability, etc.: Census Bureau Small Business Innovation Research Program, 27883– NOTICES 27885 Agency information collection activities: Proposed collection; comment request, 27754–27755 Defense Department RULES Centers for Disease Control and Prevention Privacy Act; implementation NOTICES Correction, 27693–27694 Reports and guidance documents; availability, etc.: NOTICES Prevention of opportunistic infections in persons infected Agency information collection activities: with Human Immunodeficiency Virus, 27797 Proposed collection; comment request, 27760–27761 Courts-Martial Manual; amendments, 27761–27763 Children and Families Administration Meetings: Defense Intelligence Agency Science and Technology NOTICES Grants and cooperative agreements; availability, etc.: Advisory Board, 27763 Head Start— Scientific Advisory Board, 27763–27764 Training partnerships with historically black colleges Education Department and universities, 27797 NOTICES Agency information collection activities: Coast Guard Proposed collection; comment request, 27764 RULES Drawbridge operations: Employment and Training Administration Louisiana, 27694–27695 NOTICES Michigan, 27694 Adjustment assistance: Ports and waterways safety: FirstMiss Steel, Inc., 27813 Chelsea River, MA; safety zone, 27695–27696 International Paper Corp., 27813 Great South Bay, NY; safety zone, 27696–27697 Pittsburgh Corning Corp., 27813–27814 Groton Long Point, CT; safety zone, 27697–27699 Adjustment assistance and NAFTA transitional adjustment Regattas and marine parades: assistance: Harvard-Yale Regatta, 27694 Boston Precision Parts Co. et al., 27810–27813 Agency information collection activities: Commerce Department Proposed collection; comment request, 27814–27815 See Census Bureau NAFTA transitional adjustment assistance: See Export Administration Bureau Stonecutter Textiles et al., 27815–27816 See International Trade Administration See National Oceanic and Atmospheric Administration Employment Standards Administration NOTICES NOTICES Agency information collection activities: Minimum wages for Federal and federally-assisted Submission for OMB review; comment request, 27753– construction; general wage determination decisions, 27754 27816–27818

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Energy Department Federal Emergency Management Agency See Federal Energy Regulatory Commission RULES Flood insurance program: Write-your-own program— Environmental Protection Agency Expense allowance percentage, 27705–27709 RULES NOTICES Air quality implementation plans; approval and Disaster and emergency areas: promulgation; various States: Georgia, 27788 Georgia, 27699–27705 Kansas, 27788–27789 PROPOSED RULES Oklahoma, 27789–27791 Air quality planning purposes; designation of areas: Tennessee, 27791 Kentucky and Indiana, 27734–27741 Texas, 27791–27792 Water pollution control: Meetings: Underground injection control program; Class V injection National Urban Search and Rescue Response System wells Advisory Committee, 27792 Class V wells; requirements for motor vehicle waste and industrial waste disposal wells and cesspools in ground-water based source petroleum areas, Federal Energy Regulatory Commission 27741–27744 PROPOSED RULES Water programs: Natural gas companies (Natural Gas Act): Underground injection control program; Alabama’s Class Landowner notification, expanded categorical exclusions, II program withdrawn; plic hearing and comment and other environmental filing requirements, 27717– request, 27744–27747 27730 NOTICES NOTICES Agency information collection activities: Electric rate and corporate regulation filings: Proposed collection; comment request, 27779–27781 Boralex Stratton Energy, Inc., et al., 27764–27766 Environmental statements; availability, etc.: Central Peidra Buena S.A. et al., 27766–27768 Agency statements— Commonwealth Edison Co. et al., 27769–27772 Comment availability, 27782–27784 PacifiCorp et al., 27772–27776 Weekly receipts, 27781–27782 San Diego Gas & Electric Co. et al., 27776–27779 Meetings: National Drinking Water Advisory Council, 27784 Federal Highway Administration Science Advisory Board, 27784–27785 NOTICES Vinyl chloride; toxicological review and integrated risk Agency information collection activities: information system summary; workshop, 27785– Proposed collection; comment request, 27850–27851 27786 Federal Reserve System Executive Office of the President NOTICES See Trade Representative, Office of United States Banks and bank holding companies: Formations, acquisitions, and mergers, 27793 Formations, acquisitions, and mergers; correction, 27793 Export Administration Bureau Federal Reserve bank services: RULES ACH operations and pricing practices relative to private- Export administration regulations: sector ACH operators, 27793–27796 Chemical Weapons Convention; implementation Meetings; Sunshine Act, 27796 Correction, 27854 Fish and Wildlife Service Federal Aviation Administration PROPOSED RULES RULES Endangered and threatened species: Airworthiness directives: Findings on petitions, etc.— Industrie Aeronautiche e Meccaniche, 27661–27663 Baird’s sparrow, 27747–27749 McDonnell Douglas; correction, 27854 NOTICES Standard instrument approach procedures, 27663–27666 Endangered and threatened species permit applications, NOTICES 27802 Airport noise compatibility program: Environmental statements; availability, etc.: Key West International Airport, FL, 27848–27850 Tijuana Slough National Wildlife Refuge, CA, 27802– 27803 Federal Communications Commission RULES Food and Drug Administration Radio stations; table of assignments: RULES Michigan, 27710 Food additives: NOTICES Adjuvants, production aids, and sanitizers— Agency information collection activities: Bis(p-ethylbenzylidene); correction, 27854 Proposed collection; comment request, 27786 Human drugs: Submission for OMB review; comment request, 27786– Sunscreen products (OTC); final monograph, 27666– 27788 27693

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NOTICES Stainless steel plate in coils from— Human drugs: Various countries, 27756–27757 FD&C Act Trade Correspondence, TC-61; advisory opinion regarding drug and/or cosmetic status of International Trade Commission sunburn and suntan preparations; revocation, 27798 NOTICES Import investigations: Health and Human Services Department Frozen concentrated orange juice from— See Centers for Disease Control and Prevention Brazil, 27806–27807 See Children and Families Administration Petroleum wax candles from— See Food and Drug Administration China, 27807 See Health Care Financing Administration Synthetic methionine from— PROPOSED RULES Japan, 27807 Semi-annual agenda Republication, 21195–21301 Justice Department NOTICES See Immigration and Naturalization Service Agency information collection activities: See Justice Programs Office Proposed collection; comment request, 27796–27797 Justice Programs Office Health Care Financing Administration NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities: Watch Your Car (national voluntary motor vehicle theft Proposed collection; comment request, 27798 prevention program), 27808–27810

Housing and Urban Development Department Labor Department NOTICES See Employment and Training Administration Grants and cooperative agreements; availability, etc.: See Employment Standards Administration Facilities to assist homeless— See Mine Safety and Health Administration Excess and surplus Federal property, 27798–27802 Land Management Bureau Immigration and Naturalization Service NOTICES RULES Alaska Native claims selection: Immigration: Far West, Inc., 27803 Application for refugee status; acceptable sponsorship Meetings: agreement and guaranty of transportation, 27660– Fossils from Federal and Indian lands; collection, storage, 27661 preservation, and scientific study, 27803–27804 Guatemala, El Salvador, and former Soviet bloc countries; National Historic Oregon Trail Interpretive Center suspension of deportation and special rule Advisory Board, 27804 cancellation of removal for certain nationals, 27855– Recreation management restrictions, etc.: 27882 Sand Mountain Wilderness Study Area, ID, 27804–27805 NOTICES Agency information collection activities: Mexico and United States, International Boundary and Submission for OMB review; comment request, 27807– Water Commission 27808 See International Boundary and Water Commission, United States and Mexico Interior Department See Fish and Wildlife Service Minerals Management Service See Land Management Bureau NOTICES See Minerals Management Service Agency information collection activities: See Reclamation Bureau Submission for OMB review; comment request, 27805– 27806 Internal Revenue Service PROPOSED RULES Mine Safety and Health Administration Income taxes: NOTICES Gross proceeds payments to attorneys; reporting, 27730– Agency information collection activities: 27733 Proposed collection; comment request, 27818–27819

International Boundary and Water Commission, United National Archives and Records Administration States and Mexico NOTICES NOTICES Agency records schedules; availability, 27820–27822 Environmental statements; notice of intent: Meetings: Lower Colorado River Boundary and Capacity Records of Congress Advisory Committee, 27822 Preservation Project, AZ, 27819–27820 National Oceanic and Atmospheric Administration International Trade Administration PROPOSED RULES NOTICES Fishery conservation and management: Antidumping: Caribbean, Gulf, and South Atlantic fisheries— Extruded rubber thread from— Gulf of Mexico and South Atlantic coastal migratory Indonesia, 27755–27756 pelagic resources, 27750

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Northeastern United States fisheries— Missouri, 27846 Northeast multispecies, 27749–27750 Oklahoma, 27846 NOTICES Meetings: State Department Pacific Fishery Management Council; cancellation, 27757 NOTICES Presidential permits: Natural Resources Conservation Service Sumas, WA, and Abbotsford, British Columbia, Canada; NOTICES construction of municipal water systems pipeline, Conservation Practices National Handbook: 27847 Conservation practice standards, new or revised; comment request, 27751 Surface Transportation Board Field office technical guides; changes: NOTICES Oklahoma, 27751 Railroad operation, acquisition, construction, etc.: Consolidated Rail Corp., 27851–27852 Nuclear Regulatory Commission Railroad services abandonment: NOTICES CSX Transportation, Inc., 27852 Agency information collection activities: Submission for OMB review; comment request, 27822– Textile Agreements Implementation Committee 27824 See Committee for the Implementation of Textile Environmental statements; availability, etc.: Agreements Envirocare of Utah, Inc., 27826–27828 Exxon Corp., 27828–27829 Applications, hearings, determinations, etc.: Thrift Supervision Office Commonwealth Edison Co., 27824–27826 NOTICES GPU Nuclear, Inc., et al., 27826 Applications, hearings, determinations, etc.: Florida Parishes Bank, 27853 Office of United States Trade Representative See Trade Representative, Office of United States Trade Representative, Office of United States NOTICES Public Health Service World Trade Organization: See Centers for Disease Control and Prevention Dispute settlement panel establishment requests— See Food and Drug Administration Korea; imports of fresh, chilled, and frozen beef, 27847–27848 Reclamation Bureau NOTICES Transportation Department Agency information collection activities: See Coast Guard Proposed collection; comment request, 27806 See Federal Aviation Administration See Federal Highway Administration Securities and Exchange Commission See Surface Transportation Board RULES See Transportation Statistics Bureau Electronic Data Gathering, Analysis, and Retrieval System (EDGAR): Transportation Statistics Bureau Filer manual— NOTICES System modernization, 27887–27897 Agency information collection activities: Update adoption and incorporation by reference, Proposed collection; comment request, 27852–27853 27897–27898 NOTICES Treasury Department Joint industry plan: See Internal Revenue Service National Association of Securities Dealers, Inc., et al., See Thrift Supervision Office 27839–27840 Securities: Veterans Affairs Department Transfer agents; registration, cancellation, etc.— PROPOSED RULES Non-bank transfer agents, 27840–27841 Medical benefits: Self-regulatory organizations; proposed rule changes: Patient rights— Emerging Markets Clearing Corp., 27841–27843 Medication prescribing authority; withdrawn, 27733– Applications, hearings, determinations, etc.: 27734 AIM Advisor Funds, Inc., et al., 27829–27831 Anchor National Life Insurance Co. et al., 27831–27835 Armor Holdings, Inc., 27835 CareMatrix Corp., 27836 Separate Parts In This Issue Public utility holding company filings, 27836–27839 Part II Small Business Administration Department of Justice, Immigration and Naturalization NOTICES Service, 27855–27882 Alternative dispute resolution; use and case selection criteria; policy statement, 27843–27846 Part III Disaster loan areas: Department of Agriculture, Cooperative State Research, Kansas, 27846 Education, and Extension Service, 27883–27885

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Part IV Reader Aids Securities and Exchange Commission, 27887–27898 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Notice to Readers: This issue of the Federal Register is accompanied by a separately published supplement that corrects and republishes the Department of Health and Human Services’ Semiannual Agenda of Federal Regulatory and Deregulatory Actions, April 26, 1999. It replaces in full pages 21196-21301 which were originally published as part VIII of the April 26, 1999 issue of the Federal Register.

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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.

7 CFR 50 CFR 301...... 27657 Proposed Rules: 8 CFR 17...... 27747 103...... 27856 600...... 27749 207...... 27660 622...... 27750 208...... 27856 648...... 27747 240...... 27856 246...... 27856 274a...... 27856 299...... 27856 9 CFR Proposed Rules: 94...... 27711 14 CFR 39 (2 documents) ...... 27664, 27854 97 (2 documents) ...... 27663, 27664 15 CFR 774...... 27854 17 CFR 230...... 27888 232 (2 documents) ...... 27888, 27895 239...... 27888 240...... 27888 270...... 27888 274...... 27888 18 CFR Proposed Rules: 2...... 27717 153...... 27717 157...... 27717 380...... 27717 21 CFR 178...... 27854 310...... 27666 352...... 27666 700...... 27666 740...... 27666 26 CFR Proposed Rules: 1...... 27730 32 CFR 311...... 27693 33 CFR 100...... 27694 117 (2 documents) ...... 27694 165 (3 documents) ...... 27695, 27696, 27697 38 CFR Proposed Rules: 17...... 27733 40 CFR 52...... 27699 Proposed Rules: 81...... 27734 144...... 27741 146...... 27741 147...... 27744 44 CFR 62...... 27705 47 CFR 73...... 27710

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Rules and Regulations Federal Register Vol. 64, No. 98

Friday, May 21, 1999

This section of the FEDERAL REGISTER You may read any comments that we articles listed in § 301.81–2 that are contains regulatory documents having general receive on this docket in our reading equivalent to the interstate movement applicability and legal effect, most of which room. The reading room is located in restrictions imposed by the regulations; are keyed to and codified in the Code of room 1141 of the South Building, 14th and (2) designating less than the entire Federal Regulations, which is published under Street and Independence Avenue, SW., State will prevent the artificial spread of 50 titles pursuant to 44 U.S.C. 1510. Washington, DC. Normal reading room the imported fire ant. The Administrator The Code of Federal Regulations is sold by hours are 8 a.m. to 4:30 p.m., Monday may include uninfested acreage within the Superintendent of Documents. Prices of through Friday, except holidays. To be a quarantined area due to its proximity new books are listed in the first FEDERAL sure someone is there to help you, to an infestation or its inseparability REGISTER issue of each week. please call (202) 690–2817 before from an infested locality for quarantine coming. purposes. APHIS documents published in the We are amending § 301.81–3(e) by DEPARTMENT OF AGRICULTURE Federal Register, and related designating all or portions of the information, including the names of following counties as quarantined areas: Animal and Plant Health Inspection organizations and individuals who have Los Angeles, Orange, and Riverside Service commented on APHIS rules, are Counties in California; Habersham and White Counties in Georgia; Dona Ana 7 CFR Part 301 available on the Internet at http:// www.aphis.usda.gov/rad/ County in New Mexico; Bertie, Chowan, Martin, and Perquimans Counties in [Docket No. 98±125±1] webrepor.html. FOR FURTHER INFORMATION CONTACT: Mr. North Carolina; and Madison County in Imported Fire Ant; Quarantined Areas Ronald P. Milberg, Operations Officer, Tennessee. We are taking this action and Treatment Program Support, PPQ, APHIS, 4700 because recent surveys conducted by River Road, Unit 134, Riverdale, MD APHIS and State and county agencies AGENCY: Animal and Plant Health 20737–1236; (301) 734–5255; or e-mail: reveal that the imported fire ant has Inspection Service, USDA. [email protected]. spread to these areas. See the rule ACTION portion of this document for specific : Interim rule and request for SUPPLEMENTARY INFORMATION: comments. descriptions of the new quarantined Background areas. SUMMARY: We are amending the We are also revising one of the The imported fire ant regulations imported fire ant regulations by treatments described in the regulations. (contained in 7 CFR 301.81 through designating as quarantined areas all or Sections 301.81–4 and 301.81–5 of the 301.81–10, and referred to below as the portions of three counties in California, regulations provide, among other things, regulations) quarantine infested States two counties in Georgia, one county in that regulated articles requiring or infested areas within States and New Mexico, four counties in North treatment before interstate movement impose restrictions on the interstate Carolina, and one county in Tennessee. must be treated in accordance with the movement of certain regulated articles As a result of this action, the interstate methods and procedures prescribed in for the purpose of preventing the movement of regulated articles from the Appendix to the imported fire ant artificial spread of the imported fire ant. those areas will be restricted. This regulations. The Appendix sets forth the The imported fire ant, Solenopsis action is necessary to prevent the treatment provisions of the ‘‘Imported invicta Buren and Solenopsis richteri artificial spread of the imported fire ant Fire Ant Program Manual.’’ We are Forel, is an aggressive, stinging insect to noninfested areas of the United amending paragraphs III.C.5. and III.C.8. that, in large numbers, can seriously States. We are also amending the of the Appendix by removing all injure and even kill livestock, pets, and treatment provisions in the Appendix to references to the word ‘‘granular’’ before humans. The imported fire ant feeds on the imported fire ant regulations by the word ‘‘chlorpyrifos.’’ This is crops and builds large, hard mounds removing all references to the granular necessary because the granular that damage farm and field machinery. formulation of chlorpyrifos because this formulation of chlorpyrifos is no longer The imported fire ant is not native to the formulation is no longer marketed for marketed for treating grass sod and United States. The purpose of the treating grass sod or woody woody ornamentals. regulations is to prevent the imported ornamentals. fire ant from spreading throughout its Emergency Action DATES: This interim rule is effective May ecological range within this country. The Administrator of the Animal and 21, 1999. We invite you to comment on The regulations in § 301.81–3 provide Plant Health Inspection Service has this docket. We will consider all that the Administrator of the Animal determined that an emergency exists comments that we receive by July 20, and Plant Health Inspection Service that warrants publication of this interim 1999. (APHIS) will list as a quarantined area rule without prior opportunity for ADDRESSES: Please send your comment each State, or each portion of a State, public comment. Immediate action is and three copies to: Docket No. 98–125– that is infested with the imported fire necessary to prevent the artificial spread 1, Regulatory Analysis and ant. The Administrator will designate of the imported fire ant into noninfested Development, PPD, APHIS, Suite 3C03, less than an entire State as a areas of the United States. 4700 River Road, Unit 118, Riverdale, quarantined area only under the Because prior notice and other public MD 20737–1238. following conditions: (1) The State has procedures with respect to this action Please state that your comment refers adopted and is enforcing restrictions on are impracticable and contrary to the to Docket No. 98–125–1. the intrastate movement of the regulated public interest under these conditions,

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By adding an entry for California received within 60 days of publication and a list of quarantined areas, in National Environmental Policy Act of this rule in the Federal Register. alphabetical order, for Los Angeles, After the comment period closes, we An environmental assessment and Orange, and Riverside Counties to read will publish another document in the finding of no significant impact have as set forth below; Federal Register. The document will been prepared for this program. The b. By adding, in alphabetical order, include a discussion of any comments assessment provides a basis for the entries for Habersham and White we receive and any amendments we are conclusion that the methods employed Counties in Georgia to read as set forth making to the rule as a result of the to regulate the imported fire ant will not below; comments. significantly affect the quality of the c. By adding, in alphabetical order, an human environment. Based on the entry for New Mexico and Dona Ana Executive Order 12866 and Regulatory finding of no significant impact, the County to read as set forth below; Flexibility Act Administrator of the Animal and Plant d. By adding, in alphabetical order, This rule has been reviewed under Health Inspection Service has entries for Bertie, Chowan, and Executive Order 12866. For this action, determined that an environmental Perquimans Counties in North Carolina the Office of Management and Budget impact statement need not be prepared. and by revising the entry for Martin has waived its review process required The environmental assessment and County in North Carolina to read as set by Executive Order 12866. finding of no significant impact were forth below; and This action amends the imported fire prepared in accordance with: (1) The e. By adding, in alphabetical order, an ant regulations by designating as National Environmental Policy Act of entry for Madison County in Tennessee quarantined areas all or portions of 1969, as amended (NEPA) (42 U.S.C. to read as set forth below. three counties in California, two 4321 et seq.), (2) regulations of the counties in Georgia, one county in New Council on Environmental Quality for § 301.81±3 Quarantined areas. Mexico, four counties in North Carolina, implementing the procedural provisions * * * * * and one county in Tennessee. As a of NEPA (40 CFR parts 1500–1508), (3) (e) * * * result of this action, the interstate USDA regulations implementing NEPA * * * * * (7 CFR part 1b), and (4) APHIS’ NEPA movement of regulated articles from California those areas will be restricted. This Implementing Procedures (7 CFR part action is necessary on an emergency 372). Los Angeles County. That portion of basis to prevent the artificial spread of Copies of the environmental Los Angeles County in the Cerritos area the imported fire ant to noninfested assessment and finding of no significant bounded by a line beginning at the areas of the United States. We are also impact are available for public intersection of Artesia Boulevard and amending the Appendix to the imported inspection at USDA, room 1141, South Marquardt Avenue; then south along fire ant regulations by removing all Building, 14th Street and Independence Marquardt Avenue to the Los Angeles/ references to the word ‘‘granular’’ before Avenue, SW., Washington, DC, between Orange County Line; then south and the word ‘‘chlorpyrifos’’ because the 8 a.m. and 4:30 p.m., Monday through west along the Los Angeles/Orange granular formulation is no longer Friday, except holidays. Persons County Line to Carson Street; then west marketed for treating grass sod or woody wishing to inspect copies are requested along Carson Street to Norwalk ornamentals. to call ahead on (202) 690–2817 to Boulevard; then north along Norwalk This emergency situation makes facilitate entry into the reading room. In Boulevard to Centralia Street; then west compliance with section 603 and timely addition, copies may be obtained by along Centralia Street to Pioneer compliance with section 604 of the writing to the individual listed under Boulevard; then north along Pioneer Regulatory Flexibility Act (5 U.S.C. 601 FOR FURTHER INFORMATION CONTACT. Boulevard to South Street; then east et seq.) impracticable. If we determine Paperwork Reduction Act along South Street to Norwalk Boulevard; then north along Norwalk that this rule would have a significant This rule contains no information economic impact on a substantial Boulevard to 183rd Street; then east collection or recordkeeping along 183rd Street to Bloomfield number of small entities, then we will requirements under the Paperwork discuss the issues raised by section 604 Avenue; then north along Bloomfield Reduction Act of 1995 (44 U.S.C. 3501 Avenue to Artesia Boulevard; then east of the Regulatory Flexibility Act in our et seq.). Final Regulatory Flexibility Analysis. along Artesia Boulevard to the point of List of Subjects in 7 CFR Part 301 beginning. Executive Order 12372 Orange County. The entire county. Agricultural commodities, Plant Riverside County. That portion of This program/activity is listed in the diseases and pests, Quarantine, Riverside County in the Indio area Catalog of Federal Domestic Assistance Reporting and recordkeeping bounded by a line beginning at the under No. 10.025 and is subject to requirements, Transportation. Executive Order 12372, which requires intersection of Avenue 50 and Jackson Accordingly, we are amending 7 CFR intergovernmental consultation with Street; then south along Jackson Street part 301 as follows: State and local officials. (See 7 CFR part to 54th Avenue; then west along 54th 3015, subpart V.) PART 301ÐDOMESTIC QUARANTINE Avenue to Madison Street; then north NOTICES along Madison Street to Avenue 50; Executive Order 12988 then east along Avenue 50 to the point This interim rule has been reviewed 1. The authority citation for part 301 of beginning. under Executive Order 12988, Civil continues to read as follows: That portion of Riverside County in Justice Reform. This rule: (1) Preempts Authority: 7 U.S.C. 147a, 150bb, 150dd, the Moreno Valley area bounded by a all State and local laws and regulations 150ee, 150ff, 161, 162, and 164–167; 7 CFR line beginning at the intersection of that are inconsistent with this rule; (2) 2.22, 2.80, and 371.2(c). Reche Vista Drive and Canyon Ranch

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Road; then southeast along Canyon west along Kingston Drive to Chowan County. That portion of the Ranch Road to Valley Ranch Road; then Mandeville Road; then east along county lying south of U.S. Highway 17. east along Valley Ranch Road to Mandeville Road to Port Maria Road; * * * * * Michael Way; then south along Michael then south along Port Maria Road to Martin County. That portion of the Way to Casey Court; then east along Fred Waring Drive; then west along Fred county beginning at the intersection of Casey Court to the Moreno Valley City Waring Drive to its intersection with the Martin/Pitt County line and U.S. Limits; then south and east along the Dune Palms Road; then southwest along Highway 64 (new); then east along U.S. Moreno Valley City Limits to Pico Vista an imaginary line to the intersection of Highway 64 (new) to State Road 1407; Way; then southwest along Pico Vista Adams Street and Miles Avenue; then then northeast along State Road 1407 to Way to Los Olivos Drive; then south west along Miles Avenue to Washington State Road 1409; then east along State along Los Olivos Drive to Jaclyn Street; then northwest along Road 1409 to State Road 1423; then Avenue; then west along Jaclyn Avenue Washington Street to Fred Waring Drive; north along State Road 1423 to its end; to Perris Boulevard; then south along then west along Fred Waring Drive to then north along an imaginary line to Perris Boulevard to Kalmia Avenue; Joshua Road; then north along Joshua the Roanoke River; then east along the then west along Kalmia Avenue to Road to Park View Drive; then west shoreline of the Roanoke River to the Hubbard Street; then north along along Park View Drive to State Highway Martin/Washington County line; then Hubbard Street to Nightfall Way; then 111; then northwest along State south along the Martin/Washington west and south along Nightfall Way to Highway 111 to Magnesia Fall Drive; County line to the Martin/Beaufort Sundial Way; then west along Sundial then west along Magnesia Fall Drive to County line; then west along the Martin/ Way to Indian Avenue; then south along Gardess Road; then northwest along Beaufort County line to the Martin/Pitt Indian Avenue to Ebbtide Lane; then Gardess Road to Dunes View Road; then County line; then northwest along the west along Ebbtide Lane to Ridgecrest northeast along Dunes View Road to Martin/Pitt County line to the point of Lane; then south along Ridgecrest Lane Halgar Road; then northwest along beginning. to Moonraker Lane; then west along Halgar Road to Indian Trail Road; then Moonraker Lane to Davis Street; then northeast along Indian Trail Road to * * * * * south along Davis Street to Gregory Mirage Road; then north along Mirage Perquimans County. That portion of Lane; then west along Gregory Lane to Road to State Highway 111; then the county beginning at the intersection Heacock Street; then northwest along an northwest along State Highway 111 to of the Perquimans/Chowan County line imaginary line to the intersection of Frank Sinatra Drive; then west along and U.S. Highway 17 North; then Lake Valley Drive and Breezy Meadow Frank Sinatra Drive to Da Vall Drive; northeast along U.S. Highway 17 North Drive; then north along Breezy Meadow then north along Da Vall Drive to to U.S. Highway 17 North by-pass; then Drive to its intersection with Stony Ramon Road; then east along Ramon northeast along U.S. Highway 17 North Creek; then north along an imaginary Road to the point of beginning. by-pass to the Perquimans River; then line to the intersection of Old Lake * * * * * southeast along the shoreline of the Drive and Sunnymead Ranch Parkway; Perquimans River to the Albemarle then northwest along Sunnymead Ranch Georgia Sound; then west and north along the Parkway to El Granito Street; then east * * * * * shoreline of the Albemarle Sound to the along El Granito Street to Lawless Road; Habersham County. The entire Perquimans/Chowan County line; then then east along an imaginary line to the county. northwest along the Perquimans/ intersection of Heacock Street and * * * * * Chowan County line to the point of Reche Vista Drive; then north along White County. The entire county. beginning. Reche Vista Drive to the point of * * * * * * * * * * beginning. Tennessee That portion of Riverside County in New Mexico the Bermuda Dunes, Palm Desert, and Dona Ana County. The entire county. * * * * * Rancho Mirage areas bounded by a line Madison County. That portion of the North Carolina beginning at the intersection of Ramon county lying south of Interstate Road and Bob Hope Drive; then south * * * * * Highway 40. along Bob Hope Drive to Dinah Shore Bertie County. That portion of the * * * * * county beginning at the intersection of Drive; then east along Dinah Shore 3. In part 301, Subpart—Imported Fire U.S. Highway 17 North by-pass and the Drive to Key Largo Avenue; then south Ant, the Appendix to the subpart is Bertie/Martin County line; then north along Key Largo Avenue to Gerald Ford amended as follows: Drive; then west along Gerald Ford along U.S. Highway 17 North by-pass to U.S. Highway 13 Business; then north a. In paragraph III.C.5., in the Drive to Bob Hope Drive; then south ‘‘Material’’ paragraph, the phrase along Bob Hope Drive to Frank Sinatra along U.S. Highway 13 Business to State Road 1301; then northeast along State ‘‘Granular chlorpyrifos (any granular Drive; then east along Frank Sinatra formulation that is EPA registered)’’ is Drive to Vista Del Sol; then south along Road 1301 to State Highway 45; then east along State Highway 45 to State removed and the word ‘‘Chlorpyrifos’’ is Vista Del Sol to Country Club Drive; added in its place. then east along Country Club Drive to Road 1360; then east along State Road Adams Street; then south along Adams 1360 to the Bertie/Chowan County line; b. In paragraph III.C.5., in the Street to 42nd Avenue; then east along then south along the Bertie/Chowan ‘‘Method’’ paragraph, third sentence, the 42nd Avenue to Tranquillo Place; then County line to the Bertie/Washington word ‘‘granular’’ is removed. south along Tranquillo Place to its County line; then southwest along the c. In paragraph III.C.5., in the ‘‘Special intersection with Harbour Court; then Bertie/Washington County line to the Information’’ paragraph, first sentence, southwest along an imaginary line to the Bertie/Martin County line; then west the word ‘‘granular’’ is removed. intersection of Granada Drive and along the Bertie/Martin County line to d. In paragraph III.C.8., the ‘‘Material’’ Caballeros Drive; then southeast along the point of beginning. paragraph is revised to read as set forth Caballeros Drive to Kingston Drive; then * * * * * below.

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e. In paragraph III.C.8.1., under the Appendix to Subpart ‘‘Imported Fire C. Approved Treatments. heading ‘‘Method’’, the word ‘‘granular’’ Ant’’—Portion of ‘‘Imported Fire Ant * * * * * is removed. Program Manual’’ 8 8. Grass—Sod SubpartÐImported Fire Ant III. Regulatory Procedures Material * * * * * * * * * * Chlorpyrifos.

Material Amount and dosage of material Certification period

Chlorpyrifos ...... 4.0 lb (1.8 kg) a.i./acre ...... 4 weeks (after exposure period has been completed). Chlorpyrifos ...... 6.0 lb (2.7 kg) a.i./acre ...... 10 weeks (after exposure period has been completed).

Exposure Period: 48 hours. existing regulation, and provides more have secured sponsorship in advance of * * * * * advantageous treatment for the limited a determination to be classified as a Done in Washington, DC, this 17th day of number of applicants for refugee status refugee, which is not the case. The May, 1999. who have their Service interviews Service has never required the Craig A. Reed, before sponsorship agreements have sponsorship assurance before Administrator, Animal and Plant Health been secured. determining whether an applicant meets Inspection Service. DATES: Effective date: This interim rule the definition of refugee under section [FR Doc. 99–12884 Filed 5–20–99; 8:45 am] is effective May 21, 1999. 101(a)(42) of the Act. BILLING CODE 3410±34±P Comment date: Written comments must be submitted on or before July 20, All refugees seeking admission to the 1999. United States must satisfy the statutory DEPARTMENT OF JUSTICE ADDRESSES: Please submit written and regulatory requirements before the comments in triplicate to the Director, Service can admit them to the United Immigration and Naturalization Service Policy Directives and Instructions States. For example, a refugee must have Branch, Immigration and Naturalization a sponsor at the time he or she appears 8 CFR Part 207 Service, 425 I Street, NW, Room 5307, at a U.S. POE with an approved Form [INS No. 1999±99] Washington, DC 20536. To ensure I–590, Registration for Classification as RIN 1115±AF49 proper handling, please reference INS Refugee, in order to be admitted as a number 1999–99 on your refugee. If the required sponsorship has Application for Refugee Status; correspondence. Comments are not been secured or the required Acceptable Sponsorship Agreement available for public inspection at the medical screening has not been and Guaranty of Transportation above address by calling (202) 514–3048 completed, and the refugee arrives at a to arrange for an appointment. AGENCY: Immigration and Naturalization U.S. POE, the immigration inspector Service, Justice. FOR FURTHER INFORMATION CONTACT: cannot admit the refugee. Kathleen Thompson, Office of ACTION: Interim rule with request for Good Cause Exception comments. International Affairs, Immigration and Naturalization Service, 425 I Street, NW, This interim rule is effective upon SUMMARY: Section 207 of the Washington, DC 20536, Telephone (202) date of publication in the Federal Immigration and Nationality Act (Act) 305–2662. Register, although the Service invites authorizes the Attorney General to SUPPLEMENTARY INFORMATION: Section post-promulgation comments within a admit refugees to the United States 207 of the Act authorizes the Attorney 60-day comment period and will under certain conditions, including General to admit refugees to the United address any such comments in a final those provided for by regulation. The States under certain conditions. By rule. For the following reasons, the Immigration and Naturalization Service regulation, sponsorship is required Service finds that good cause exists (Service) regulations require that before a refugee can be admitted to the under 5 U.S.C. 553(b)(B) and (d)(3) for sponsorship agreements be secured United States. Sponsorship ensures implementing this rule as an interim before an applicant is granted admission refugees who are admitted to the United rule without the prior notice and as a refugee at a U.S. port-of-entry States transportation, housing, and comment period ordinarily required (POE). The determination of whether or assistance in this country. Sponsorship under this provision. This rule simply not someone is classified as a refugee is is a requirement separate and apart from described in the Act as a separate the determination that an applicant is clarifies issues that may appear decision from whether a refugee may be classified as a refugee. The current ambiguous in the existing regulation, admitted to the United States in refugee regulations at 8 CFR 207.2(d), states and provides more advantageous status. This rule amends the Service that: ‘‘[t]he application for refugee status treatment for the limited number of regulations by removing language that will not be approved until the Service applicants for refugee status who have erroneously implies that the Service receives an acceptable sponsorship their Service interviews before requires a sponsorship agreement and agreement and guaranty of sponsorship agreements have been guaranty of transportation prior to transportation in [sic] behalf of the secured. Early implementation will be determining whether an applicant is a applicant.’’ advantageous to the intended refugee. This rule is necessary to clarify This sentence may inappropriately beneficiaries of this rule. Therefore, it is issues that may appear ambiguous in the imply that there is a requirement to unnecessary and contrary to the public

8 A copy of the entire ‘‘Imported Fire Ant Program Plant Health Inspection Service, Plant Protection Operations, 4700 River Road Unit 134, Riverdale, Manual’’ may be obtained from the Animal and and Quarantine, Domestic and Emergency Maryland 20737–1236.

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Federalism Assessment. expansion from causing leakage of an environmental control system bleed Regulatory Flexibility Act Executive Order 12988 Civil Justice tube because of improper installation, Reform The Commissioner, Immigration and which could result in deterioration of Naturalization Service, in accordance This interim rule meets the applicable the electrical wiring and the with 5 U.S.C. 605(b), has reviewed this standards set forth in sections 3(a) and surrounding structure. regulation and, by approving it, certifies 3(b)(2) of E.O. 12988. DATES: Effective July 5, 1999. that this rule will not have a significant List of Subjects in 8 CFR Part 207 The incorporation by reference of economic impact on a substantial certain publications listed in the number of small entities because of the Immigration, Refugees, Reporting and regulations is approved by the Director following factors: This rule clarifies the recordkeeping requirements. of the Federal Register as of July 5, 1999. difference between refugee classification Accordingly, part 207 of chapter I of and refugee status. It also clarifies the title 8 of the Code of Federal ADDRESSES: Service information that timing and significance of those Regulations is amended as follows: applies to this AD may be obtained from determinations. This change will not I.A.M. Rinaldo Piaggio S.p.A., Via affect small entities. PART 207ÐADMISSION OF Cibrario, 4 16154 Genoa, Italy. This REFUGEES information may also be examined at Unfunded Mandates Reform Act of the Federal Aviation Administration 1995 1. The authority citation for part 207 continues to read as follows: (FAA), Central Region, Office of the This rule will not result in the Regional Counsel, Attention: Rules expenditure by State, local and tribal Authority: 8 U.S.C. 1101, 1103, 1151, 1157, Docket No. 98–CE–96–AD, Room 1558, 1158, 1159, 1182; 8 CFR part 2. governments, in the aggregate, or by the 601 E. 12th Street, Kansas City, Missouri private sector, of $100 million or more § 207.2 [Amended] 64106; or at the Office of the Federal in any 1 year, and it will not 2. In § 207.2, paragraph (d) is Register, 800 North Capitol Street, NW, significantly or uniquely affect small amended by removing the last sentence. suite 700, Washington, DC. governments. Therefore, no actions were Dated: May 11, 1999. FOR FURTHER INFORMATION CONTACT: Mr. deemed necessary under the provisions David O. Keenan, Project Officer, FAA, Doris Meissner, of the Unfunded Mandates Reform Act Small Airplane Directorate, 1201 of 1995. Commissioner, Immigration and Walnut, suite 900, Kansas City, Missouri Naturalization Service. Small Business Regulatory Enforcement 64106; telephone: (816) 426–6941; [FR Doc. 99–12840 Filed 5–20–99; 8:45 am] facsimile: (816) 426–2169. Fairness Act of 1996 BILLING CODE 4410±10±N This rule is not a major rule as SUPPLEMENTARY INFORMATION: defined by section 804 of the Small Events Leading to the Issuance of This Business Regulatory Enforcement Act of DEPARTMENT OF TRANSPORTATION AD 1996. This rule will not result in an annual effect on the economy of $100 Federal Aviation Administration A proposal to amend part 39 of the million or more, a major increase in Federal Aviation Regulations (14 CFR costs or prices, or significant adverse 14 CFR Part 39 part 39) to include an AD that would apply to all I.A.M. Model Piaggio P–180 effects on competition, employment [Docket No. 98±CE±96±AD; Amendment 39± investment, productivity, innovation, or 11176; AD 99±11±06] airplanes was published in the Federal on the ability of United States-based Register as a notice of proposed RIN 2120±AA64 companies to compete with foreign- rulemaking (NPRM) on February 18, 1999 (64 FR 8020). The NPRM proposed based companies in domestic and Airworthiness Directives; Industrie export markets. to require inspecting both (left and right Aeronautiche e Meccaniche Model wing configurations) environmental Executive Order 12866 Piaggio P±180 Airplanes control system bleed tubes for damage This rule is not considered by the AGENCY: Federal Aviation (dents), leakage, and a correct gap Department of Justice, Immigration and Administration, DOT. between the tube and wing lower panel Naturalization Service, to be a ACTION: Final rule. crossing area. If any environmental significant regulatory action under control system bleed tube is found Executive Order 12866, section 3(f), SUMMARY: This amendment adopts a damaged beyond certain limits or an Regulatory Planning and Review. new airworthiness directive (AD) that incorrect gap between the tube and wing Accordingly, the Office of Management applies to all Industrie Aeronautiche e lower panel crossing area is found, the and Budget has waived its review Meccaniche (I.A.M.) Model Piaggio P– NPRM proposed to require replacing the process under section 6(a)(3)(A). 180 airplanes. This AD requires bleed tube and rotating the bleed tube inspecting both (left and right wing to match the necessary gap, as Executive Order 12612 configurations) environmental control applicable. The NPRM also proposed to The regulation adopted herein will system bleed tubes for damage, leakage, require inspecting the wiring and not have substantial direct effects on the and a correct gap between the tube and surrounding structures for damage if States, on the relationship between the wing lower panel crossing area, any leakage is found, and repairing any National government and the States, or inspecting the wiring and surrounding damaged wiring or surrounding on the distribution of power and structures for damage, and correcting structures. responsibilities among the various any discrepancies found. This AD is the Accomplishment of the proposed levels of government. Therefore, in result of mandatory continuing action as specified in the NPRM would accordance with Executive Order 12612, airworthiness information (MCAI) be required in accordance with Piaggio it is determined that this rule does not issued by the airworthiness authority for Service Bulletin (Mandatory) No.: SB–

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80–0072, Revision No. 1, dated For the reasons discussed above, I system bleed tube because of improper September 9, 1998. certify that this action (1) is not a installation, which could result in The NPRM was the result of ‘‘significant regulatory action’’ under deterioration of the electrical wiring and the mandatory continuing airworthiness surrounding structure, accomplish the Executive Order 12866; (2) is not a following: information (MCAI) issued by the ‘‘significant rule’’ under DOT (a) Within the next 100 hours time-in- airworthiness authority for Italy. Regulatory Policies and Procedures (44 service (TIS) after the effective date of this Interested persons have been afforded FR 11034, February 26, 1979); and (3) AD, inspect both (left and right wing an opportunity to participate in the will not have a significant economic configurations) environmental control system making of this amendment. No impact, positive or negative, on a bleed tubes for damage (dents), leakage, and comments were received on the substantial number of small entities a correct gap between the tube and wing proposed rule or the FAA’s under the criteria of the Regulatory lower panel crossing area. Accomplish these determination of the cost to the public. actions in accordance with Part A of Piaggio Flexibility Act. A copy of the final Service Bulletin (Mandatory) No.: SB–80– The FAA’s Determination evaluation prepared for this action is 0072, Revision No. 1, dated September 9, contained in the Rules Docket. A copy After careful review of all available 1998. of it may be obtained by contacting the (b) If any environmental control system information related to the subject Rules Docket at the location provided bleed tube is found damaged during the presented above, the FAA has under the caption ADDRESSES. inspection required by paragraph (a) of this determined that air safety and the AD, prior to further flight, replace the public interest require the adoption of List of Subjects in 14 CFR Part 39 damaged environmental control system bleed the rule as proposed except for minor Air transportation, Aircraft, Aviation tube. Accomplish this action in accordance editorial corrections. The FAA has safety, Incorporation by reference, with Part B of Piaggio Service Bulletin (Mandatory) No.: SB–80–0072, Revision No. determined that these minor corrections Safety. will not change the meaning of the AD 1, dated September 9, 1998. Adoption of the Amendment (c) If any leakage is found during the and will not add any additional burden inspection required by paragraph (a) of this upon the public than was already Accordingly, pursuant to the AD, prior to further flight, inspect the wiring proposed. authority delegated to me by the and surrounding structures for damage, and Administrator, the Federal Aviation repair any damaged wiring or surrounding Cost Impact Administration amends part 39 of the structures. Accomplish the inspection in The FAA estimates that 5 airplanes in Federal Aviation Regulations (14 CFR accordance with Piaggio Service Bulletin the U.S. registry will be affected by the part 39) as follows: (Mandatory) No.: SB–80–0072, Revision No. inspection, that it will take 1, dated September 9, 1998, and any repair approximately 5 workhours per airplane PART 39ÐAIRWORTHINESS in accordance with the applicable to accomplish the inspection, and that DIRECTIVES maintenance manual or other applicable FAA-approved document. the average labor rate is approximately 1. The authority citation for part 39 (d) If any incorrect gap between the tube $60 an hour. Based on these figures, the continues to read as follows: and wing lower panel crossing area is found total cost impact of the inspection on during the inspection required by paragraph U.S. operators is estimated to be $1,500, Authority: 49 U.S.C. 106(g), 40113, 44701. (a) of this AD, prior to further flight, rotate or $300 per airplane. These figures only the bleed tube to match the necessary gap. take into account the costs of the § 39.13 [Amended] Accomplish this action in accordance with inspection of the environmental control 2. Section 39.13 is amended by Part B of Piaggio Service Bulletin system bleed tubes and do not take into adding a new airworthiness directive (Mandatory) No.: SB–80–0072, Revision No. 1, dated September 9, 1998. account the costs of any necessary (AD) to read as follows: Note 2: Part C of Piaggio Service Bulletin follow-up action. 99–11–06 Industrie Aeronautiche E (Mandatory) No.: SB–80–0072; Revision No. If any damage is found during the Meccaniche: Amendment 39–11176; 1, dated September 9, 1998, includes above-referenced inspection, the costs to Docket No. 98-CE–96-AD. procedures for accomplishing this AD for accomplish any follow-up actions (tube Applicability: Model Piaggio P–180 those airplanes where the Original Issue of replacement/gap adjustment/follow-up airplanes, all serial numbers up to and the above-referenced service bulletin was inspections) will take approximately 8 including serial number 1031, certificated in already incorporated. For those owners/ workhours per airplane to accomplish at any category. operators who have already accomplished an average labor rate of approximately Note 1: This AD applies to each airplane the actions specified in Piaggio Service $60 an hour. Parts cost approximately identified in the preceding applicability Bulletin (Mandatory) No.: SB–80–0072, provision, regardless of whether it has been Original Issue: June 5, 1998, only these $500. Based on these figures, the total procedures in Part C apply. cost impact of any necessary follow-up modified, altered, or repaired in the area subject to the requirements of this AD. For (e) Special flight permits may be issued in actions is estimated at $980 per airplanes that have been modified, altered, or accordance with sections 21.197 and 21.199 airplane. repaired so that the performance of the of the Federal Aviation Regulations (14 CFR Regulatory Impact requirements of this AD is affected, the 21.197 and 21.199) to operate the airplane to owner/operator must request approval for an a location where the requirements of this AD The regulations adopted herein will alternative method of compliance in can be accomplished. not have substantial direct effects on the accordance with paragraph (f) of this AD. The (f) An alternative method of compliance or States, on the relationship between the request should include an assessment of the adjustment of the compliance times that national government and the States, or effect of the modification, alteration, or repair provides an equivalent level of safety may be on the distribution of power and on the unsafe condition addressed by this approved by the Manager, Small Airplane responsibilities among the various AD; and, if the unsafe condition has not been Directorate, 1201 Walnut, suite 900, Kansas eliminated, the request should include City, Missouri 64106. The request shall be levels of government. Therefore, in specific proposed actions to address it. forwarded through an appropriate FAA accordance with Executive Order 12612, Compliance: Required as indicated in the Maintenance Inspector, who may add it is determined that this final rule does body of this AD, unless already comments and then send it to the Manager, not have sufficient federalism accomplished. Small Airplane Directorate. implications to warrant the preparation To prevent thermal expansion from Note 3: Information concerning the of a Federalism Assessment. causing leakage of the environmental control existence of approved alternative methods of

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This service Incorporation by reference-approved Thus, the advantages of incorporation information may be examined at the FAA, by the Director of the Federal Register by reference are realized and Central Region, Office of the Regional on December 31, 1980, and reapproved publication of the complete description Counsel, Room 1558, 601 E. 12th Street, as of January 1, 1982. of each SIAP contained in FAA form Kansas City, Missouri 64106. ADDRESSES: Availability of matters documents is unnecessary. The (h) The inspections, replacement, and incorporated by reference in the provisions of this amendment state the modification required by this AD shall be amendment is as follows: affected CFR (and FAR) sections, with done in accordance with Piaggio Service the types and effective dates of the Bulletin (Mandatory) No.: SB–80–0072, For Examination— Revision No. 1, dated September 9, 1998. 1. FAA Rules Docket, FAA SIAPs. This amendment also identifies This incorporation by reference was Headquarters Building, 800 the airport, its location, the procedure approved by the Director of the Federal Independence Avenue, SW., identification and the amendment Register in accordance with 5 U.S.C. 552(a) Washington, DC 20591; number. 2. The FAA Regional Office of the and 1 CFR part 51. Copies may be obtained The Rule from I.A.M. Rinaldo Piaggio S.p.A., Via region in which the affected airport is Cibrario, 4 16154 Genoa, Italy. Copies may be located; or This amendment to part 97 is effective inspected at the FAA, Central Region, Office 3. The Flight Inspection Area Office upon publication of each separate SIAP of the Regional Counsel, Room 1558, 601 E. which originated the SIAP. as contained in the transmittal. Some 12th Street, Kansas City, Missouri, or at the For Purchase—Individual SIAP SIAP amendments may have been Office of the Federal Register, 800 North copies may be obtained from: previously issued by the FAA in a Capitol Street, NW, suite 700, Washington, 1. FAA Public Inquiry Center (APA– National Flight Data Center (NFDC) DC. 200), FAA Headquarters Building, 800 Notice to Airmen (NOTAM) as an Note 4: The subject of this AD is addressed Independence Avenue, SW., emergency action of immediate flight in Italian AD 98–329, dated September 18, Washington, DC 20591; or 1998. safety relating directly to published 2. The FAA Regional Office of the aeronautical charts. The circumstances (i) This amendment becomes effective on region in which the affected airport is July 5, 1999. which created the need for some SIAP located. amendments may require making them Issued in Kansas City, Missouri, on May By Subscripton—Copies of all SIAPs, effective in less than 30 days. For the 13, 1999. mailed once every 2 weeks, are for sale remaining SIAPs, an effective date at Marvin R. Nuss, by the Superintendent of Documents, least 30 days after publication is Acting Manager, Small Airplane Directorate, U.S. Government Printing Office, provided. Aircraft Certification Service. Washington, DC 20402. Further, the SIAPs contained in this [FR Doc. 99–12828 Filed 5–20–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: amendment are based on the criteria BILLING CODE 4910±13±U Donald P. Pate, Flight Procedure contained in the U.S. Standard for Standards Branch (AMCAFS–420), Terminal Instrument Procedures Flight Technologies and Programs (TERPS). In developing these SIAPs, the DEPARTMENT OF TRANSPORTATION Division, Flight Standards Service, TERPS criteria were applied to the Federal Aviation Administration, Mike Federal Aviation Administration conditions existing or anticipated at the Monroney Aeronautical Center, 6500 affected airports. Because of the close 14 CFR Part 97 South MacArthur Blvd., Oklahoma City, and immediate relationship between OK 73169 (Mail Address: P.O. Box these SIAPs and safety in air commerce, [Docket No. 29570; Amdt. No. 1930] 25082, Oklahoma City, OK 73125) I find that notice and public procedure telephone: (405) 954–4164. before adopting these SIAPs are Standard Instrument Approach SUPPLEMENTARY INFORMATION: This impracticable and contrary to the public Procedures; Miscellaneous amendment to part 97 of the Federal interest and, where applicable, that Amendments Aviation Regulations (14 CFR part 97) good cause exists for making some AGENCY: Federal Aviation establishes, amends, suspends, or SIAPs effective in less than 30 days. revokes Standard Instrument Approach Administration (FAA), DOT. Conclusion ACTION: Final rule. Procedures (SIAPs). The complete regulatory description of each SIAP is The FAA has determined that this SUMMARY: This amendment establishes, contained in official FAA form regulation only involves an established amends, suspends, or revokes Standard documents which are incorporated by body of technical regulations for which Instrument Approach Procedures reference in this amendment under 5 frequent and routine amendments are (SIAPs) for operations at certain U.S.C. 552(a), 1 CFR part 51, and § 97.20 necessary to keep them operationally airports. These regulatory actions are of the Federal Aviation Regulations current. It, therefore—(1) is not a needed because of the adoption of new (FAR). The applicable FAA Forms are ‘‘significant regulatory action’’ under or revised criteria, or because of changes identified as FAA Forms 8260–3, 8260– Executive Order 12866; (2) is not a occurring in the National Airspace 4, and 8260–5. Materials incorporated ‘‘significant rule’’ under DOT System, such as the commissioning of by reference are available for Regulatory Policies and Procedures (44 new navigational facilities, addition of examination or purchase as stated FR 11034; February 26, 1979); and (3) new obstacles, or changes in air traffic above. does not warrant preparation of a requirements. These changes are The large number of SIAPs, their regulatory evaluation as the anticipated designed to provide safe and efficient complex nature, and the need for a impact is so minimal. For the same

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RNAV RWY 8, Amdt 5 Newport, VT, Newport State, NDB–A, Amdt Danbury, CT, Danbury Muni, VOR/DME 3 Issued in Washington, DC, on May 14, RNAV OR GPS RWY 26, Amdt 6 Newport, VT, Newport State, GPS RWY 36, 1999. Danbury, CT, Danbury Muni, VOR OR GPS– Orig L. Nicholas Lacey, A, Amdt 9 Winchester, VA, Winchester Regional, VOR/ Director, Flight Standards Service. Danbury, CT, Danbury Muni, GPS RWY 8, DME OR GPS–A, Amdt 4 Amdt 1 Winchester, VA, Winchester Regional, NDB Adoption of the Amendment Groton/New London, CT, Groton-New OR GPS–B, Amdt 1 Accordingly, pursuant to the London, VOR OR GPS RWY 5, Amdt 7 Winchester, VA, Winchester Regional, ILS Groton/New London, CT, Groton-New RWY 32, Amdt 1 authority delegated to me, part 97 of the London, VOR OR GPS RWY 23, Amdt 9 Winchester, VA, Winchester Regional, GPS Federal Aviation Regulations (14 CFR Groton/New London, CT, Groton-New RWY 14, Orig part 97) is amended by establishing, London, GPS RWY 33, Amdt 1 Milton, WV, Ona Airpark, VOR–A, Amdt 2 amending, suspending, or revoking Laurel, DE, Laurel, VOR/DME OR GPS RWY Milton, WV, Ona Airpark, GPS RWY 7, Orig Standard Instrument Approach 32, Orig, CANCELLED Morgantown, WV, Morgantown Muni-Walter Procedures, effective at 0901 UTC on Laurel, DE, Laurel, GPS–A, Orig L. Bill Hart Field, GPS RWY 18, Orig the dates specified, as follows: El Dorado, KS, Capt Jack Thomas/El Dorado, [FR Doc. 99–12948 Filed 5–20–99; 8:45 am] NDB RWY 4, Amdt 3 BILLING CODE 4910±13±M PART 97ÐSTANDARD INSTRUMENT El Dorado, KS, Capt Jack Thomas/El Dorado, GPS RWY 4, Orig APPROACH PROCEDURES El Dorado, KS, Capt Jack Thomas/El Dorado, DEPARTMENT OF TRANSPORTATION 1. The authority citation for part 97 is GPS RWY 15, Orig El Dorado, KS, Capt Jack Thomas/El Dorado, revised to read as follows: GPS RWY 22, Orig Federal Aviation Administration Authority: 49 U.S.C. 106(g), 40103, 40113, El Dorado, KS, Capt Jack Thomas/El Dorado, 40120, 44701; and 14 CFR 1.49(b)(2). GPS RWY 33, Orig 14 CFR Part 97 Newton, KS, Newton-City-County, NDB RWY [Docket No. 29571; Amdt. No. 1931] 2. Part 97 is amended to read as 17, Amdt 4 follows: Newton, KS, Newton-City-County, ILS RWY Standard Instrument Approach 17, Amdt 3 §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Newton, KS, Newton-City-County, VOR/ Procedures; Miscellaneous 97.35 [Amended] DME–A, Amdt 1 Amendments By amending: § 97.23 VOR, VOR/ Newton, KS, Newton-City-County, VOR/DME AGENCY: Federal Aviation RNAV RWY 17, Amdt 2 DME, VOR or TACAN, and VOR/DME Administration (FAA), DOT. or TACAN; § 97.25 LOC, LOC/DME, Newton, KS, Newton-City-County, VOR/DME ACTION: LDA, LDA/DME, SDF, SDF/DME; RNAV RWY 35, Amdt 2 Final rule. § 97.27 NDB, NDB/DME; § 97.29 ILS Newton, KS, Newton-City-County, GPS RWY 17, Orig SUMMARY: This amendment establishes, ILS/DME, ISMLS, MLS, MLS/DME, Newton, KS, Newton-City-County, GPS RWY amends, suspends, or revokes Standard MLS/RNAV; § 97.31 RADAR SIAPs; 35, Orig Instrument Approach Procedures § 97.33 RNAV SIAPs; and § 97.35 Ithaca, NY, Tompkins County, VOR OR GPS (SIAPs) for operations at certain COPTER SIAPs, identified as follows: RWY 14, Amdt 13 airports. These regulatory actions are Burlington, NC, Burlington-Alamance * * * Effective June 17, 1999 needed because of changes occurring in Regional, VOR/DME–A, Amdt 1 the National Airspace System, such as Bradford, PA, Bradford Regional, NDB RWY Burlington, NC, Burlington-Alamance 32, Amdt 13, CANCELLED Regional, LOC RWY 6, Amdt 2 the commissioning of new navigational Pittsburgh, PA, Pittsburgh International, ILS Burlington, NC, Burlington-Alamance facilities, addition of new obstacles, or RWY 10C, Orig, CANCELLED Regional, NDB RWY 6, Amdt 1 changes in air traffic requirements. Pittsburgh, PA, Pittsburgh International, ILS Burlington, NC, Burlington-Alamance These changes are designed to provide RWY 28C, Orig, CANCELLED Regional, GPS RWY 6, Amdt 1 safe and efficient use of the navigable Suffolk, VA, Suffolk Muni, NDB RWY 7, Burlington, NC, Burlington-Alamance airspace and to promote safe flight Amdt 1B, CANCELLED Regional, GPS RWY 24, Amdt 1 operations under instrument flight rules Ravenswood, WV, Jackson County, VOR/ Lumberton, NC, Lumberton Muni, GPS RWY at the affected airports. DME RWY 4, Amdt 2A, CANCELLED 5, Orig Lumberton, NC, Lumberton Muni, GPS RWY DATES: An effective date for each SIAP * * * Effective July 15, 1999 13, Orig is specified in the amendatory Barter Island, AK, Barter Island LRRS, NDB Fremont, OH, Sandusky County Regional, provisions. RWY 6, Orig GPS RWY 6, Orig Incorporation by reference-approved Barter Island, AK, Barter Island LRRS, GPS Fremont, OH, Sandusky County Regional, by the Director of the Federal Register RWY 6, Orig GPS RWY 24, Orig on December 31, 1980, and reapproved Barter Island, AK, Barter Island LRRS, GPS Guymon, OK, Guymon Muni, GPS RWY 18, as of January 1, 1982. RWY 24, Orig Orig ADDRESSES: Chico, CA, Chico Muni, GPS RWY 13L, Orig Ponca City, OK, Ponca City Muni, GPS RWY Availability of matter Chico, CA, Chico Muni, GPS RWY 31R, Orig 17, Orig incorporated by reference in the Marysville, CA, Yuba County, GPS RWY 14, Seminole, OK, Seminole Muni, GPS RWY 16, amendment is as follows: Orig Orig For Examination— Marysville, CA, Yuba County, GPS RWY 32, Stillwater, OK, Stillwater Muni, GPS RWY 1. FAA Rules Docket, FAA Orig 17, Orig Headquarters Building, 800

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Independence Avenue, SW., by reference are realized and body of technical regulations for which Washington, DC 20591; publication of the complete description frequent and routine amendments are 2. The FAA Regional Office of the of each SIAP contained in FAA form necessary to keep them operationally region in which affected airport is documents is unnecessary. The current. It, therefore—(1) Is not a located; or provisions of this amendment state the ‘‘significant regulatory action’’ under 3. The Flight Inspection Area Office affected CFR (and FAR) sections, with Executive Order 12866; (2) is not a which originated the SIAP. the types and effective dates of the ‘‘significant rule’’ under DOT For Purchase—Individual SIAP SIAPs. This amendment also identifies Regulatory Policies and Procedures (44 copies may be obtained from: the airport, its location, the procedure FR 11034; February 26, 1979); and (3) 1. FAA Public Inquiry Center (APA– identification and the amendment does not warrant preparation of a 200), FAA Headquarters Building, 800 number. regulatory evaluation as the anticipated Independence Avenue, SW., The Rule impact is so minimal. For the same Washington, DC 20591; or reason, the FAA certifies that this 2. The FAA Regional Office of the This amendment to part 97 of the amendment will not have a significant region in which the affected airport is Federal Aviation Regulations (14 CFR economic impact on a substantial located. part 97) establishes, amends, suspends, number of small entities under the By Subscription—Copies of all SIAPs, or revokes SIAPs. For safety and criteria of the Regulatory Flexibility Act. mailed once every 2 weeks, are for sale timeliness of change considerations, this by the Superintendent of Documents, amendment incorporates only specific List of Subjects in 14 CFR Part 97 U.S. Government Printing Office, changes contained in the content of the Washington, DC 20402. following FDC/P NOTAMs for each Air traffic control, Airports, Navigation (air). FOR FURTHER INFORMATION CONTACT: SIAP. The SIAP information in some Donald P. Pate, Flight Procedure previously designated FDC/Temporary Issued in Washington, DC, on May 14, Standards Branch (AMCAFS–420), (FDC/T) NOTAMs is of such duration as 1999. Flight Technologies and Programs to be permanent. With conversion to L. Nicholas Lacey, Division, Flight Standards Service, FDC/P NOTAMs, the respective FDC/T Director, Flight Standards Service. Federal Aviation Administration, Mike NOTAMs have been canceled. Monroney Aeronautical Center, 6500 The FDC/P NOTAMs for the SIAPs Adoption of the Amendment contained in this amendment are based South MacArthur Blvd. Oklahoma City, Accordingly, pursuant to the OK. 73169 (Mail Address: P.O. Box on the criteria contained in the U.S. Standard for Terminal Instrument authority delegated to me, part 97 of the 25082 Oklahoma City, OK. 73125) Federal Aviation Regulations (14 CFR telephone: (405) 954–4164. Procedures (TERPS). In developing these chart changes to SIAPs by FDC/P part 97) is amended by establishing, SUPPLEMENTARY INFORMATION: This NOTAMs, the TERPS criteria were amending, suspending, or revoking amendment to part 97 of the Federal applied to only these specific conditions Standard Instrument Approach Aviation Regulations (14 CFR part 97) existing at the affected airports. All Procedures, effective at 0901 UTC on establishes, amends, suspends, or SIAP amendments in this rule have the dates specified, as follows: revokes Standard Instrument Approach been previously issued by the FAA in a Procedures (SIAPs). The complete National Flight Data Center (FDC) PART 97ÐSTANDARD INSTRUMENT regulatory description on each SIAP is Notice to Airmen (NOTAM) as an APPROACH PROCEDURES contained in the appropriate FAA Form emergency action of immediate flight 8260 and the National Flight Data safety relating directly to published 1. The authority citation for part 97 is Center (FDC)/Permanent (P) Notices to aeronautical charts. The circumstances revised to read as follows: Airmen (NOTAM) which are which created the need for all these Authority: 49 U.S.C. 40103, 40113, 40120, incorporated by reference in the SIAP amendments requires making 44701; 49 U.S.C. 106(g); and 14 CFR amendment under 5 U.S.C. 552(a), 1 them effective in less than 30 days. 11.49(b)(2). CFR part 51, and § 97.20 of the Federal Further, the SIAPs contained in this Aviation’s Regulations (FAR). Materials amendment are based on the criteria 2. Part 97 is amended to read as incorporated by reference are available contained in the TERPS. Because of the follows: for examination or purchase as stated close and immediate relationship §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, above. between these SIAPs and safety in air 97.35 [Amended] The large number of SIAPs, their commerce, I find that notice and public complex nature, and the need for a procedure before adopting these SIAPs By amending: § 97.23 VOR, VOR/ special format make their verbatim are impracticable and contrary to the DME, VOR or TACAN, and VOR/DME publication in the Federal Register public interest and, where applicable, or TACAN; § 97.25 LOC, LOC/DME, expensive and impractical. Further, that good cause exists for making these LDA, LDA/DME, SDF, SDF/DME; airmen do not use the regulatory text of SIAPs effective in less than 30 days. § 97.27 NDB, NDB/DME; § 97.29 ILS, the SIAPs, but refer to their graphic ILS/DME, ISMLS, MLS, MLS/DME, depiction of charts printed by Conclusion MLS/RNAV; § 97.31 RADAR SIAPs; publishers of aeronautical materials. The FAA has determined that this § 97.33 RNAV SIAPs; and § 97.35 Thus, the advantages of incorporation regulation only involves an established COPTER SIAPs, identified as follows:

* * * EFFECTIVE UPON PUBLICATION

FDC date State City Airport FDC No. SIAP

04/06/99 ...... NY SKANEATELES ...... SKANEATELES AERO DROME ...... 9/2272 VOR or GPS±A ORIG±A 04/29/99 ...... PA PITTSBURGH ...... ALLEGHENY COUNTY ...... 9/2848 ILS RWY 28 AMDT 27A

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* * * EFFECTIVE UPON PUBLICATION

FDC date State City Airport FDC No. SIAP

04/29/99 ...... PA STATE COLLEGE ...... UNIVERSITY PARK ...... 9/2846 VOR/DME RNAV or GPS RWY 6 AMDT 6 04/29/99 ...... PA STATE COLLEGE ...... UNIVERSITY PARK ...... 9/2847 VOR or GPS±B AMDT 9 04/29/99 ...... WI APPLETON ...... OUTAGAMIE COUNTY REGIONAL ... 9/2851 ILS RWY 3, AMDT 16C 04/30/99 ...... MO BUTLER ...... BUTLER MEMORIAL ...... 9/2875 GPS RWY 18, ORIG 04/30/99 ...... TX AUSTIN ...... AUSTIN-BERGSTROM INTL ...... 9/2879 ILS RWY 35L, AMDT 1 04/30/99 ...... TX AUSTIN ...... AUSTIN-BERGSTROM INTL ...... 9/2880 GPS RWY 35L, AMDT 1 04/30/99 ...... TX AUSTIN ...... AUSTIN-BERGSTROM INTL ...... 9/2881 GPS RWY 17R, AMDT 1 04/30/99 ...... TX AUSTIN ...... AUSTIN-BERGSTROM INTL ...... 9/2882 ILS RWY 17R, AMDT 1 05/1/99 ...... NH MANCHESTER ...... MANCHESTER ...... 9/3102 ILS RWY 2, AMDT 2 05/1/99 ...... NH MANCHESTER ...... MANCHESTER ...... 9/3103 ILS RWY 35, AMDT 19 05/04/99 ...... IL CHICAGO/AURORA ...... AURORA MUNI ...... 9/2970 VOR or GPS±A AMDT 1A 05/05/99 ...... IL CHICAGO/AURORA ...... AURORA MUNI ...... 9/2983 ILS RWY 9, AMDT 1A 05/06/99 ...... OH MIDDLETOWN ...... HOOK FIELD MUNI ...... 9/3009 LOC RWY 23, AMDT 7B 05/06/99 ...... OH MIDDLETOWN ...... HOOK FIELD MUNI ...... 9/3010 NDB or GPS RWY 23, AMDT 8A 05/06/99 ...... OH MIDDLETOWN ...... HOOK FIELD MUNI ...... 9/3011 NDB or GPS±A, AMDT 2A 05/10/99 ...... MN WORTHINGTON ...... WORTHINGTON MUNI ...... 9/3086 NDB or GPS RWY 29, ORIG 05/10/99 ...... MN WORTHINGTON ...... WORTHINGTON MUNI ...... 9/3088 ILS RWY 29, ORIG 05/10/99 ...... VA RICHMOND ...... CHESTERFIELD COUNTY ...... 9/3074 NDB or GPS RWY 33, AMDT 7A 05/10/99 ...... VA RICHMOND ...... CHESTERFIELD COUNTY ...... 9/3075 VOR/DME or GPS RWY 15, ORIG 05/10/99 ...... VA RICHMOND ...... CHESTERFIELD COUNTY ...... 9/3082 ILS RWY 33, ORIG

[FR Doc. 99–12949 Filed 5–20–99; 8:45 am] EFFECTIVE DATES: This regulation is glyceryl aminobenzoate, lawsone with BILLING CODE 4910±13±M effective May 21, 2001 for parts 310, dihydroxyacetone (interest was 352, and 700 and is effective May 22, subsequently shown in developing a 2000 for part 740. monograph for lawsone and dihydroxyacetone), and red petrolatum. DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: John The agency also reiterated that all HUMAN SERVICES D. Lipnicki, Center for Drug Evaluation and Research (HFD–560), Food and sunscreen ingredients must have a USP Food and Drug Administration Drug Administration, 5600 Fishers monograph before being included in the Lane, Rockville, MD 20857, 301–827– final monograph for OTC sunscreen 21 CFR Parts 310, 352, 700, and 740 2222. drug products. This final rule includes SUPPLEMENTARY INFORMATION: those sunscreen ingredients that have [Docket No. 78N±0038] USP monographs. I. Introduction In the Federal Register of September RIN 0910±AA01 In the Federal Register of August 25, 16, 1996 (61 FR 48645), the agency Sunscreen Drug Products For Over- 1978 (43 FR 38206), FDA published, amended the proposed rule to include The-Counter Human Use; Final under § 330.10(a)(6) (21 CFR avobenzone as a single ingredient and in Monograph 330.10(a)(6)), an advance notice of combination with certain other proposed rulemaking (ANPRM) to sunscreen ingredients (interim AGENCY: Food and Drug Administration, establish a monograph for OTC marketing was allowed in the Federal HHS. sunscreen drug products, together with Register of April 30, 1997 (62 FR ACTION: Final rule. the recommendations of the Advisory 23350)). In the Federal Register of Review Panel on OTC Topical October 22, 1998 (63 FR 56584), the SUMMARY: The Food and Drug Analgesic, Antirheumatic, Otic, Burn, agency proposed to amend the tentative Administration (FDA) is issuing a final and Sunburn Prevention Drug Products final monograph to include zinc oxide rule in the form of a final monograph (the Panel), which was the advisory as a single ingredient and in establishing conditions under which review panel that evaluated data on the combination with any proposed over-the-counter (OTC) sunscreen drug active ingredients in this drug class. The Category I sunscreen active ingredient products are generally recognized as agency’s proposed regulation for OTC except avobenzone. safe and effective and not misbranded as sunscreen drug products, in the form of In the Federal Register of April 5, part of FDA’s ongoing review of OTC a tentative final monograph, was 1994 (59 FR 16042), the agency drug products. FDA is issuing this final published in the Federal Register of reopened the administrative record and rule after considering public comments May 12, 1993 (58 FR 28194). announced a public meeting to discuss on the agency’s proposed regulation, In the Federal Register of June 8, 1994 ultraviolet A (UVA) radiation claims which was issued in the form of a (59 FR 29706), the agency proposed to and testing procedures. In the Federal tentative final monograph, and new data amend the tentative final monograph Register of August 15, 1996 (61 FR and information on sunscreen drug (and reopened the comment period until 42398), the agency reopened the products that have come to the agency’s August 22, 1994) to remove five administrative record and announced a attention. FDA is also issuing final rules sunscreen ingredients because of a lack public meeting to discuss the regarding the labeling of certain of interest in establishing United States photochemistry and photobiology of cosmetic products to inform consumers Pharmacopeia (USP) monographs: sunscreens. that these products do not provide Digalloyl trioleate, ethyl 4- This final monograph completes the protection from the sun. [bis(hydroxypropyl)] aminobenzoate, tentative final monograph except for

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27667 certain testing issues and UVA labeling, submission of a formal petition by an specified when the final rule for testing which the agency will discuss in future interested party. procedures publishes. issues of the Federal Register. Until The agency has included these data 2. Several comments recommended then, UVA labeling may continue in and information in the administrative modifications to the definition of accord with the tentative final record and addressed them in this minimal erythema dose (MED) in monograph and its amendments. The document. The agency has considered proposed § 352.3(a). Some comments agency advises that on or after May 21, the request for an oral hearing in its objected to the presumption that 2001, no OTC drug product that is response to the comment and believes it erythema is a ‘‘diffusing’’ reaction that subject to the monograph and that has adequately responded to the starts from within the exposed site and contains a nonmonograph condition manufacturer and that a hearing is not moves outward in a dose dependent may be initially introduced or initially needed. As discussed in section II.G, manner, i.e., ‘‘redness reaching the delivered for introduction into interstate comment 29 of this document, the borders of the exposure site.’’ Other commerce unless it is the subject of an agency is allowing the marketing of OTC comments asserted that the definition is approved new drug application or sunscreen drug products with SPF too limiting because it may not be abbreviated new drug application. values above 30 under one collective appropriate for all solar simulator Further, any OTC drug product subject term (i.e., ‘‘30 plus’’ or ‘‘30 +’’). The configurations (e.g., no template). Many to this monograph that is repackaged or agency will also consider including comments recommended the definition relabeled after the effective date of the labeling in the monograph with actual of MED used by the European Trade monograph must be in compliance with label SPF values on products with SPF Association COLIPA (Ref. 5): ‘‘The the monograph regardless of the date the values over 30 when adequate data are quantity of radiant energy required to product was initially introduced or submitted to substantiate a testing produce the first perceptible, initially delivered for introduction into procedure applicable to SPF values over unambiguous redness reaction with interstate commerce. Manufacturers are 30. clearly defined borders.’’ Another encouraged to comply voluntarily as comment recommended ‘‘erythema- soon as possible. II. The Agency’s Conclusions on the Comments effective ultraviolet radiation’’ in place In response to the proposed rule on of ‘‘radiant energy.’’ OTC sunscreen drug products and A. General Comments on OTC The agency agrees that the proposed subsequent reopenings of the Sunscreen Drug Products definition of MED should be modified administrative record, the agency for the reasons discussed by the received 433 comments. The comments 1. Several comments asked that the comments and is revising § 352.3(a) in included four petitions (Refs. 1 through agency either exempt currently this final rule, as follows: ‘‘Minimal 4) requesting consideration of sunscreen marketed sunscreen products from the erythema dose (MED). The quantity of ingredients that have been marketed in requirement for redetermining the SPF erythema-effective energy (expressed in Europe but not in the United States. The or provide a 2-year implementation Joules per square meter) required to status of these petitions is discussed in period. One comment requested a 3-year produce the first perceptible redness section II.C, comment 13 of this implementation period. The comments reaction with clearly defined borders.’’ document. One manufacturer requested contended that the proposed 12-month The agency considers this definition an oral hearing before the Commissioner implementation period would result in broad enough to encompass tests of Food and Drugs if the agency lost business and a serious economic mandated a limit on sun protection hardship for manufacturers, estimated conducted with solar simulator factor (SPF) values in this final rule. to be 35 million dollars for configurations with no template and Copies of the information considered by reformulating, retesting, and relabeling consistent with COLIPA’s definition. the Panel, the comments and petitions, sunscreen products. 3. One comment noted that the and the hearing request are on public The agency agrees with the comments wavelength ranges for UVA, UVB, and display in the Dockets Management that the proposed 12-month UVC radiation in the tentative final Branch (HFA–305), Food and Drug implementation period may cause monograph differed from the official Administration, 5630 Fishers Lane, rm. undue economic burden on some ranges of the Commission International 1061, Rockville, MD 20852. All ‘‘OTC manufacturers of these products without de L’Eclairage (CIE), which are: (1) Volumes’’ cited throughout this a corresponding benefit to consumers UVC–radiation of less than 280 document refer to information on public (see section VII of this document). As nanometers (nm), (2) UVB–280 to 315 display. discussed in section VII, a 24-month nm, and (3) UVA–315 to 400 nm. The A number of comments were filed in effective date would allow most firms to comment mentioned the agreement the Dockets Management Branch after relabel products during a normal reached at the 11th International the dates the administrative record had relabeling cycle without incurring Congress on Photobiology (Ref. 6) on the officially closed. The agency has additional costs. Accordingly, the final short wavelength end of UVB radiation considered these comments as rule will be effective 24 months from (280 or 290 nm) and suggested that the ‘‘feedback’’ communications under the the date of this publication. Because this scientific evidence supports 320 nm as OTC drug review procedures, as final rule provides testing procedures the long-wavelength boundary of UVB discussed in the Federal Register of that were proposed in the tentative final radiation. September 29, 1981 (46 FR 47740), and monograph, currently marketed The agency agrees with the comment clarified in the Federal Register of April products that have already been tested that the scientific evidence supports 320 1, 1983 (48 FR 14050). When by those procedures will not need to be nm as the long-wavelength boundary of ‘‘feedback’’ material submitted after an retested. However, sunscreen products UVB radiation. However, the short- administrative record has officially that have not been tested will need to wavelength boundary for UVB radiation closed directly influences or forms one be tested using the methods described has been accepted as either 280 or 290 of the bases for the agency’s decision on in this document. The agency intends to nm. Given that the comment did not a matter in an OTC drug rulemaking propose modified test procedures in a provide a compelling reason to change proceeding, the agency adds it to the future issue of the Federal Register and the proposed definition of UVB administrative record without any necessary retesting time will be radiation, the agency will continue to

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 27668 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations define the boundaries of UVB radiation 7), but none were subsequently 51 of this document) may help to as 290 to 320 nm. provided. The agency is not currently prevent skin damage and may help 4. Comments requested the agency to aware of stability problems that would reduce the risk of skin lesions, skin amend the definition of a sunscreen require expiration dating for OTC cancer, and other disease conditions. active ingredient in proposed § 352.3(c) sunscreen drug products but will Products that are marketed to achieve to include mechanisms other than address such a requirement if data these important health benefits meet the absorption, to expand the UV range to become available. All sunscreen active definition of a drug under section include UVA radiation, and to provide ingredients included in the final 201(g)(1)(B) and (g)(1)(C) of the act. a minimum SPF value requirement. The monograph also have a USP monograph 9. One comment disagreed with the comments added that some proposed that contains packaging and storage agency’s tentative conclusion that Category I active ingredients (e.g., requirements and standards for products products containing a sunscreen menthyl anthranilate and titanium containing these ingredients. ingredient, but labeled for the purpose dioxide) do not meet the proposed 7. Comments recommended that the of obtaining an ‘‘even tan,’’ are subject definition, and that the definition is not agency establish procedures for to regulation as drugs. According to the interpretable without specifications for ensuring batch-to-batch SPF test results, comment, such a product is subject to measuring 85 percent absorbance. and that it approve testing laboratories regulation as a drug only if it bears a The agency discussed the need to and regulate their performance. claim to treat or prevent sunburn. The modify the definition in a 1996 Regulations already exist to assure comment asserts that this has been the proposed amendment of the tentative that each batch of drug product meets agency’s consistent approach since final monograph (61 FR 48645 at established specifications for the 1940. 48646). The agency agrees that identity and strength of each active Another comment stated that sunless modifications should be to: (1) Include ingredient. Specifically, 21 CFR 211.160 tanning products, used to impart color mechanisms other than absorption, (2) requires that product specifications and without exposure to the sun, could be redefine wavelengths, and (3) remove laboratory controls be established and improved by adding a sunscreen to the percent absorbance requirement. performed. Although the agency would provide users protection during their The agency does not agree that a not require SPF testing on human normal outside activities. The comment minimum SPF value should be included subjects for every batch produced, requested that such products should be in the definition because this manufacturers need to assure regarded as cosmetics, because they information is more appropriately a conformance to their finished product would be used primarily for a cosmetic characteristic of the final formulation. specifications. Further, any changes to effect, with the sunscreen protection Therefore, the agency has revised the batch formula would, at a minimum, serving only a secondary purpose. proposed § 352.3(c) in this document, to require review and documentation by The agency thoroughly discussed the read: ‘‘Sunscreen active ingredient. An the manufacturer’s quality control unit regulatory status of ‘‘tanning’’ products, ingredient listed in § 352.10 that to determine if SPF retesting is including the basis for withdrawing its absorbs, reflects, or scatters radiation in necessary. Finally, 21 CFR 211.180 1940 advisory opinion on sunburn and the ultraviolet range at wavelengths of provides for the inspection of records suntan preparations, in the tentative 290 to 400 nanometers.’’ pertaining to production, control, and final monograph (58 FR 28194 at 28203 5. One comment recommended that distribution of batches of drug products. to 28207, 28293 to 28294). As discussed the agency reevaluate statements in the Thus, testing laboratories are subject to in the tentative final monograph, the tentative final monograph on the these regulations. presence of a sunscreen active harmful nature of tanning. The agency ingredient, in conjunction with labeling discussed the harmful effects of UV B. Comments on the Drug/Cosmetic claims that the product may be used, radiation-induced tanning in the Status of Sunscreen Products e.g., to permit tanning or to acquire an tentative final monograph (58 FR 28194 8. One comment questioned whether even tan, generally establishes that the at 28238 to 28239). The comment sunscreen products should be regulated product’s intended use is that of a drug. suggested that a natural tan reduces as drugs. The comment asserted that Such products suggest, among other cumulative sun exposure and may such products are not active in the things, that the ingredients in the potentiate sunscreen effectiveness. The mitigation or elimination of a disease product will allow the consumer to stay comment did not, however, provide condition, and that sunscreen products in the sun longer without suffering skin data or references to support this claim have no more affect on the structure and damage (58 FR 28194 at 28204). or to otherwise cause the agency to function of the body than ‘‘being in Likewise, products that claim to change its position. physical shade.’’ accelerate or stimulate the tanning 6. One comment requested that the The basis for the agency’s process are claiming, either expressly or final monograph require expiration determination that products intended impliedly, to stimulate the production dating and storage information in the for use as sunscreens are subject to of melanin in the body. Such a claim to labeling of OTC sunscreen drug regulation as drugs under section affect the structure or function of the products. The comment noted that 201(g)(1) of the Federal Food, Drug, and body renders the product subject to under 21 CFR 211.137, OTC drug Cosmetic Act (the act) (21 U.S.C. regulation as a drug under section products with data demonstrating 321(g)(1)) is set forth at length in the 201(g)(1) of the act (see 58 FR 28194 at stability for 3 years and without labeled tentative final monograph (58 FR 28194 28293). Finally, a sunless tanning dosage limitations are not required to at 28203 to 28206). Essentially, product that contains a sunscreen include an expiration date in their sunscreen active ingredients affect the ingredient, to provide protection to the labeling. The comment stated that it was structure and function of the body by consumer, is subject to regulation as a aware of numerous cases that suggest absorbing, reflecting, or scattering the drug. The idea that the sunburn these products may not be stable for 3 harmful, burning rays of the sun, protection offered by the product may years. thereby altering the normal only be a ‘‘secondary’’ feature for the The agency requested the comment to physiological response to solar consumer is not relevant. If an intended provide data and information about the radiation. Proper use of sunscreen use of the product is to provide users specific products it was aware of (Ref. ingredients (see section II.L, comment with sun protection when they go

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27669 outside (as the comment suggests), then you don’t burn.’’ The comment the product does not provide such the product is subject to regulation as a concluded that the availability of protection, are sufficiently serious to drug. tanning products without a protective require the type of disclosure outlined On the other hand, products that do sunscreen ingredient is a serious health in the proposed rule. Information about not make express or implied sun issue and detrimental to public health. the purpose of a sunscreen ingredient in protection claims, and do not contain A third comment objected to any such a hair care or nail product will be useful sunscreen ingredients, may be regarded warnings on tanning products. to consumers to inform them that the as cosmetics under section 201(i) of the The agency considers it an important ingredient protects only the hair or only act. If the product is intended solely to public health issue that users of the color of the product. provide cosmetic effects on the skin suntanning products be alerted when This information need appear only (e.g., to moisturize the skin while these products do not contain a once and can appear anywhere in the sunbathing), or solely to impart color to sunscreen and do not protect against labeling, provided the qualifying the skin without exposure to the sun or sunburn or other harmful effects to the purpose appears prominently and other sources of light (i.e., sunless skin. Because suntanning products are conspicuously and in conjunction with tanning), then the product may be intended for repeated use under the sun the word ‘‘sunscreen.’’ The information marketed as a cosmetic. Such products, or suntanning lamps while acquiring a may, e.g., be combined in a single however, must include a warning tan, the agency considers failure to statement, e.g., ‘‘Contains a sunscreen— statement (discussed in this section, provide information on hazards to protect product color.’’ This will comment 10 of this document) to inform associated with repeated, unprotected ensure that consumers will see and the consumer that the product does not exposure to UV radiation to be a failure readily associate the two pieces of provide any protection against sunburn. to reveal material facts (see sections information. Products marketed to enhance or permit 201(n), 502(a), and 602(a) of the act (21 12. Two comments objected to the use tanning that do not contain a sunscreen U.S.C. 352(a) and 362(a))), especially in of an OTC drug rulemaking process to ingredient must be reviewed on a case- light of the representations that are change cosmetic labeling requirements, by-case basis to determine whether the made for the product (e.g., suntanning). i.e., the addition of a warning on certain product is intended solely to provide a Therefore, the agency is requiring the tanning products and the labeling cosmetic benefit (such as moisturizing) labeling of suntanning preparations that requirements for hair care or nail or whether the product is intended to do not contain a sunscreen ingredient products that contain a sunscreen for a enhance or permit tanning by some (§ 740.19 (21 CFR 740.19)) to bear the nontherapeutic use. other mechanism of action. following: ‘‘Warning—This product The agency addressed this procedural The comments offered no other does not contain a sunscreen and does concern, which was also raised in reasoning and no data to the contrary, not protect against sunburn. Repeated response to the ANPRM, at length in the other than to suggest that the agency’s exposure of unprotected skin while tentative final monograph (58 FR 28194 approach would encourage tanning may increase the risk of skin at 28201 to 28202). The industry and manufacturers to remove sunscreen aging, skin cancer, and other harmful consumers have had ample notice of the ingredients from suntan products and, effects to the skin even if you do not fact that this proceeding included thereby, expose consumers to even burn.’’ The agency considers this several cosmetic labeling issues that higher levels of harmful ultraviolet rays. information to be sufficiently important, arise out of the same facts and findings The agency is not persuaded that a for safety reasons, to require a 12-month at issue in developing the OTC drug significant number of manufacturers effective date (as opposed to 24 months monograph. It is not uncommon for the will choose to reformulate their for the balance of the rule) and to agency to address in an OTC rulemaking products, to make them less safe for require the strongest possible signal document the status of, or the regulation consumers, as a result of this final rule. word, i.e., ‘‘Warning.’’ of, products that fall outside of the Moreover, consumers will continue to 11. One comment disagreed with the monograph. In this instance, the have an array of sunscreen-containing proposal that hair care and nail cosmetic labeling issues were so closely products from which to choose. Finally, products that contain a sunscreen related to the OTC drug issues that a as discussed below, certain tanning ingredient for a nontherapeutic use (e.g., separate proceeding would have been products (including sunless tanning to protect the color of the product), and overly duplicative and inefficient. products) that do not contain sunscreen that use the term ‘‘sunscreen’’ in the ingredients must bear a prominent labeling, must describe in the labeling C. Comments on Specific Sunscreen warning to the consumer. This will the functional role of the sunscreen. Active Ingredients ensure that the consumer is fully According to the comment, it is highly 13. Several comments noted that FDA informed as to which products offer sun unlikely that consumers would think had deferred a decision on the citizen protection and which do not. that these products are intended to petitions requesting that sunscreen 10. One comment requested that the protect the skin. If this requirement active ingredients marketed solely in signal word ‘‘Caution’’ replace the were finalized, the comment requested foreign countries be included in the signal word ‘‘Warning’’ preceding the that the agency permit the term OTC sunscreen monograph. The following statement for suntanning ‘‘sunscreen’’ to appear once anywhere comments urged FDA answer these preparations: ‘‘Warning—This product in the labeling, with the purpose of the petitions and establish a policy does not contain a sunscreen and does sunscreen explained elsewhere in the concerning the inclusion of OTC not protect against sunburn.’’ The labeling. sunscreens based solely on foreign data comment stated that the word The agency disagrees with the and marketing experience. ‘‘Warning’’ suggests safety hazards premise of this comment. The use of the In the Federal Register of October 3, associated with these products that are term ‘‘sunscreen’’ in labeling suggests 1996 (61 FR 51625), the agency unrelated to sunburn. Another comment that the product in some way will published an ANPRM that addressed petitioned to add a second sentence to protect the consumer from the harmful establishing eligibility criteria for the warning: ‘‘Tanning in sunlight or effects of the sun. The health risks considering additional OTC conditions under tanning lamps can cause skin associated with relying on a product for (i.e., OTC drug active ingredients, cancer and premature skin aging-even if protection from the sun, when in fact indications, dosage forms, dosage

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 27670 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations strengths, routes of administration, and developed or adopted need not be has an allergy to aminobenzoic acid, the active ingredient combinations) in the resolved in this proceeding at this time. individual may suffer adverse health OTC drug monograph system. These Similarly, TEA and DEA need not be consequences. proposed criteria would address how addressed in this proceeding, as For these reasons, and especially in foreign or domestic OTC marketing triethanolamine is not a sunscreen light of the potential safety concerns for experience could be used to support the active ingredient, and diethanolamine is certain consumers, the agency inclusion of an ingredient in an OTC only used in the ingredient concludes that wherever the ingredient drug monograph. Specifically, the diethanolamine methoxycinnamate aminobenzoic acid appears in the criteria would address how OTC which, as discussed, is not a monograph labeling of an OTC sunscreen drug marketing experience in the United ingredient at this time. product, including labeling that notes States or abroad could be used to meet With respect to the comment on the the absence of this ingredient, the the statutory requirement under section monograph ingredient descriptive term PABA must 201(p) of the act of marketing ‘‘to a phenylbenzimidazole sulfonic acid, the immediately follow the established material extent’’ and ‘‘for a material agency agrees that if USAN or the USP name, i.e., ‘‘Aminobenzoic acid time.’’ ‘‘Material extent’’ and ‘‘material were to adopt a different or alternative (PABA).’’ Thus, e.g., a product that is time’’ are needed to qualify a specific name for this ingredient, such a name currently marketed as ‘‘PABA-free’’ OTC drug condition for consideration could be used in the labeling of a would now be required to state that the under the OTC drug monograph system. product that contains this ingredient. As product is ‘‘Aminobenzoic acid (PABA)- The decision on whether to proceed discussed in comment 30 of the free.’’ This convention will allow with a final rulemaking on this subject tentative final monograph (58 FR 28194 consumers to begin to recognize that the will be based, in part, on the at 28207 to 28209), the agency is using ingredient they may wish to avoid is information and comments submitted in the compendial name as the established ‘‘aminobenzoic acid.’’ After a sufficient response to the notice of proposed name for each active ingredient. period of time, the agency will revisit rulemaking that the agency is preparing 15. Two comments requested that the the need for consumer labeling to for publication in a future issue of the term ‘‘PABA’’ continue to be allowed in continue to bear the descriptive term Federal Register. Resolution of the labeling. The comments stated that the PABA. pending sunscreen petitions must await name aminobenzoic acid is meaningless 16. One comment stated that claims of the outcome of any final rulemaking on to consumers and physicians, who over protection by artificial melanin, this subject. the years have learned to recognize this melanin-containing products, and 14. One comment requested that the ingredient on the label as PABA. One antioxidants should be enumerated, agency adopt simpler, more user- comment recommended the use of well regulated, and defined. friendly, names for several sunscreen aminobenzoic acid in the ingredient list The agency agrees with the comment, ingredients: (1) Roxadimate for ethyl- and the use of PABA in other but these claims are not covered by this [bis(hydroxypropyl)] aminobenzoate, (2) communications about the product. The final monograph. Melanin and artificial lisadimate for glyceryl aminobenzoate, comment added that the term ‘‘PABA- melanins are not recognized sunscreen and (3) diolamine methoxycinnamate free’’ should be allowed on products active ingredients. Any product for diethanolamine methoxycinnamate. that do not contain aminobenzoic acid. containing melanin or artificial The comment claimed that these names The other comment proposed either to melanins as active ingredients and had been adopted or designated by the permit the listing of the ingredient as making sun protection claims would United States Adopted Names (USAN) PABA or, if that is unacceptable, as have to seek marketing approval under Council. The comment also requested PABA (aminobenzoic acid). a new drug application (NDA). that if USAN adopts a name for In comment 30 of the tentative final The agency is aware that claims of phenylbenzimidazole sulfonic acid, monograph (58 FR 28194 at 28207 to protection from antioxidants are used in FDA adopt this name as well. The 28209), the agency discussed the issue the labeling of some cosmetic products comment also suggested the use of the of the appropriate established name for with or without a sunscreen. The agency acronyms ‘‘TEA’’ and ‘‘DEA’’ for this and other sunscreen ingredients. As will ascertain the nature of any such triethanolamine and diethanolamine, the agency stated in that discussion, the claims (drug or cosmetic) on a case-by- respectively. recognized compendial name for case basis. The agency is including in this final aminobenzoic acid no longer includes 17. Several comments objected to the monograph only those active the term PABA. agency’s proposal that OTC sunscreen ingredients that are the subject of an The agency acknowledges, however, drug products must contain less than official USP compendial monograph that the term PABA formerly was part 500 parts per billion (ppb) of N-methyl- that sets forth its standards of identity, of the established name for this N-nitrosoaminobenzoate octyl ester strength, quality, and purity (see section ingredient and that the use of the term (NMPABAO) for several reasons: (1) I of this document). In the Federal in consumer labeling has continued Toxicological studies indicate that Register of June 8, 1994, FDA deleted despite the change in the compendial NMPABAO does not have mutagenic or ethyl-[bis(hydroxypropyl)] name. In addition, the agency agrees suspected carcinogenic potential (Ref. aminobenzoate and glyceryl with the comment that many consumers 8), (2) NMPABAO may be present in aminobenzoate from the tentative final have learned to recognize this sunscreens containing padimate O only monograph due to the lack of interest in ingredient as, and only as, PABA. The in small amounts (ppb range) and the establishing USP monographs for these agency also recognizes that consumers risks associated with NMPABAO are ingredients. Moreover, two sunscreen seeking to avoid the use of this very low, (3) NMPABAO decomposes ingredients (including diethanolamine ingredient for health-related reasons quickly when exposed to UV radiation, methoxycinnamate) have been deferred (e.g., allergy) may, in this case, be and (4) industry is aware not to from the final monograph due to the misled if the term PABA were no longer formulate with known nitrosating agents lack of a current or proposed permitted. Some consumers may believe in the presence of amines in order to compendial monograph. Therefore, the that a product that lists aminobenzoic avoid nitrosamine contamination of its issue of whether a ‘‘user-friendly’’ name acid as an ingredient, but does not list products. Some comments stated that for these ingredients should be PABA, is PABA-free. If such a consumer FDA’s own conclusions in the tentative

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27671 final monograph concerning the safety submitted to the Toxic Substance the skin. The comments added that of both NMPABAO and padimate O do Control Act 8(e) coordinator of the micronized titanium dioxide meets all not support the imposition of United States Environmental Protection safety and efficacy criteria and also concentration limits for NMPABAO in Agency for consideration. The study meets the USP specifications for purity sunscreens nor do they justify the high was a 4-week repeated dose study at except pure water content. cost of analyzing each batch of doses of 0, 100, 300, and 1,000 Another comment asserted for the sunscreen product for NMPABAO. One milligrams (mg)/kilogram (kg)/day of following reasons that micronized comment contended that any proposed padimate O administered by gavage in titanium dioxide is a new ingredient limit should apply to all nitrosamines a corn oil vehicle (10 to 15 rats/group/ with several unresolved safety and and not just NMPABAO. The comment sex). The study included a 4-week efficacy issues: (1) It does not meet the stated that nitrosamines can be formed recovery period to assess the persistence definition of a sunscreen opaque from any secondary or tertiary amine. or reversibility of any toxic effects. At sunblock, (2) there is no control of Several sunscreen active ingredients the end of the 4-week treatment period, particles to agglomerate, which is contain this moiety in their chemical toxic effects were seen in four target critical to effectiveness, (3) no standards structure and many inactive ingredients organs: Testes, epididymis, spleen, and exist to ensure integrity of coatings, (4) are secondary or tertiary amines. The liver. The no-observed-effect-level in there are no performance-based comment concluded that targeting this study was 100 mg/kg/day for both standards of identity; micronized NMPABAO falsely conveys that males and females. Toxic effects titanium dioxide is not included in the padimate O is a unique concern, appeared reversible in the animals USP, (5) its photocatalyst potential, and resulting in manufacturers using other necropsied after the 4-week recovery (6) the potential for the smaller particle ingredients to avoid costly testing and period with the exception of marked size to accumulate under the skin. negative implications. epididymal hypospermia at the 1,000 The agency finds the data with the In the tentative final monograph, the mg/kg/day dose (5/5 animals). comments supportive of monograph agency did not propose a concentration The clinical relevance of this animal status for micronized titanium dioxide. limit on NMPABAO. Rather, based on toxicity study is difficult to assess. Acute animal toxicity, irritation, concerns that had been raised, the Padimate O was administered sensitization, photoirritation, agency asked for comment on whether chronically and at very high oral doses. photosensitization, and human repeat it should consider proposing a fixed Under normal use conditions, sunscreen insult patch and skin penetration limit. As discussed in the tentative final drug products containing padimate O studies revealed no deleterious effects. monograph (58 FR 28194 at 28288 to are applied topically and used SPF values for four product 28293), toxicological studies support the intermittently. In addition, formulations containing from 4.4 to 10 agency’s belief that the risk associated pharmacokinetic parameters were not percent micronized titanium dioxide with NMPABAO contamination of calculated and the different routes of were from 9 to 24 and support sunscreen drug products is very low due administration (oral in this study versus effectiveness as a sunscreen ingredient. to NMPABAO’s low mutagenicity and topical for sunscreen products) preclude carcinogenicity potential and rapid calculation of a ‘‘safety margin’’ on the The agency is aware that sunscreen decomposition in the presence of UV basis of dose per unit of body weight or manufacturers are using micronized radiation. The agency has not become surface area. Similarly, kinetic data are titanium dioxide to create high SPF aware of any new data or information not available for a comparison of serum products that are transparent and since the publication of the tentative levels of drug or metabolites. Literature esthetically pleasing on the skin. The final monograph suggesting a safety searches indicate no published agency does not consider micronized concern with NMPABAO in sunscreen information on the kinetics of padimate titanium dioxide to be a new ingredient drug products. Therefore, the agency O with topical application in man. If but considers it a specific grade of the has decided not to propose or otherwise percutaneous absorption of padimate O titanium dioxide originally reviewed by include in this final monograph a does occur in man, it seems likely that the Panel. Fairhurst and Mitchnick (Ref. requirement that OTC sunscreen drug the peak and/or cumulative levels 11) note that ‘‘fines’’ have been part of products must contain less than 500 ppb achieved with sunscreen usage would commercially used titanium dioxide of NMPABAO. be quite low compared to the systemic powders for decades, and that a In the tentative final monograph (58 exposure achieved in this animal micronized product simply refers to a FR 28194 at 28292), the agency toxicity study. Further, it is not known refinement of particle size distribution. discussed its analysis for NMPABAO in whether the irreversible epididymal Based on data and information 25 commercially available sunscreen hypospermia found in the 1,000 mg/kg/ presented at the September 19 and 20, products. Of the 11 samples found to be day group would also be reversible with 1996, public meeting on the contaminated with NMPABAO, the four more time. photobiology and photochemistry of highest contained 2-bromo-2-nitro-1,3- The agency has determined that this sunscreens (Ref. 12), the agency is not propanediol, an indirect nitrosating study does not present sufficient data to aware of any evidence at this time that agent. The agency concluded that there exclude padimate O from the final demonstrates a safety concern from the would be no nitrosamine contamination monograph and that an adequate safety use of micronized titanium dioxide in if these products were formulated margin exists for its use as an OTC sunscreen products. While micronized without the nitrosating agent. As noted sunscreen ingredient. titanium dioxide does not meet the by several of the comments, the industry 19. Two comments submitted safety proposed definition of a sunscreen is aware not to formulate with known and/or efficacy data to support Category opaque sunblock, the agency has not nitrosating agents in the presence of I status for micronized titanium dioxide included the use of this term in the final amines in order to avoid nitrosamine (Refs. 9 and 10). One comment stated monograph (see section II.L, comment contamination of its products. that micronized titanium dioxide is not 52 of this document). The potential for 18. One comment submitted a a new material but is a selected titanium dioxide particles to reference to a subchronic oral toxicity distribution of existing material that agglomerate in formulation, which study in rats conducted with padimate provides higher SPF values while being could result in lower SPF values, is O which a chemical manufacturer had transparent and esthetically pleasing on addressed by the final product SPF test.

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 27672 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations

The SPF data that the agency reviewed ingredients when used in combination. Although the agency needs assurance (Ref. 9) did not indicate such a problem. One comment (Ref. 15) submitted in that each ingredient is contributing to Micronized titanium dioxide meets vitro SPF testing data for several the effectiveness of the product, it does current USP monograph specifications different combinations. Although these not want to impose unnecessary testing for titanium dioxide with the exception data showed a statistically significant requirements on sunscreen product that the material contains more increased efficacy for lower than manufacturers. Therefore, the agency is associated water. In both the July minimum concentrations, they were not removing the minimum concentration through August 1996 and 1998 issues of predictive of the SPF values that would requirement for sunscreen active the Pharmacopeial Forum (Refs. 13 and be obtained with human testing and, ingredients proposed in § 352.20 and is 14), the United States Pharmacopeial therefore, were not used to support adding the requirement that: (1) The Convention published in-process lower concentrations of sunscreen concentration of each active sunscreen revision proposals to make the active ingredients when used in ingredient used in a combination monograph for titanium dioxide more combination. The other comment (Ref. product must be sufficient to contribute applicable to ingredients used in 16) submitted in vivo SPF testing data a minimum SPF of not less than 2 to the sunscreen drug products. The agency conducted according to the procedure finished product, and (2) the finished will work with the USP in the future to proposed in the tentative final product must have a minimum SPF of update this monograph as necessary. monograph (58 FR 28194 at 28298 to not less than the number of the 20. One comment stated that it is 28301) in which a selected cross section sunscreen active ingredients used in unnecessary to set the maximum limit of active ingredients were tested in pairs combination multiplied by 2. of titanium dioxide at 25 percent. by substituting water or the solvent E. Comments on Labeling and Testing The Panel discussed the safety and system for the active ingredients. The Procedures for UVA Sunscreen Drug effectiveness of 2 to 25 percent titanium data were evaluated using a matched Products dioxide in the ANPRM (43 FR 38206 at pairs comparison statistical hypothesis 38250) and the agency concurred with test procedure and demonstrated that 22. In the sunscreen tentative final the Panel’s findings in the tentative final concentrations of sunscreen active monograph (58 FR 28194 at 28232 and monograph (58 FR 28194 at 28295). The ingredients lower than the minimum 28233), the agency proposed to allow comment submitted no data and the concentrations proposed in claims relating to ‘‘broad spectrum agency has no data to support the use § 352.20(a)(2) for combination products protection’’ or ‘‘UVA radiation of titanium dioxide in sunscreen drug can provide a significant contribution to protection’’ for sunscreen products: (1) products at concentrations higher than product effectiveness. Containing sunscreen active ingredients 25 percent. The agency recognizes that with absorption spectra extending to 360 nm or above, and (2) that D. Comments on Dosages for Sunscreen technological advances in sunscreen demonstrate meaningful UVA radiation Drug Products formulation technology since 1978 have resulted in the ability to formulate protection using appropriate testing 21. Several comments objected to the products with lower concentrations of procedures to be developed. The agency minimum concentration requirements active ingredients and higher SPF received numerous comments for sunscreen active ingredients when values. The agency also recognizes that concerning such claims and current used in combination because they: (1) final product testing, and not the scientific evidence implicates UVA Are a less effective measurement of concentration of the active ingredients radiation as a major cause of, among effectiveness than a performance based in the combination, ensures product other things, photoaging of the skin SPF test, (2) impact on creativity and effectiveness. (Refs. 17 through 20). innovation of new formulations Due to the recent advances in In the Federal Register of September (technological advances since sunscreen formulation and the data 16, 1996, and October 22, 1998, the publication of the 1978 ANPRM have referenced previously, the agency is agency proposed a specific skin damage resulted in higher SPF values using concerned that setting minimum and premature skin aging claim for lower concentrations of active concentration requirements for active sunscreen products containing specific ingredients), (3) increase potential for ingredients in sunscreen combination concentrations of avobenzone or zinc irritation and allergic reactions due to drug products could subject consumers oxide based upon the submission of unnecessarily high concentration levels to unnecessary levels of active data to support claims of UVA radiation of active ingredients, (4) contradict ingredients. Therefore, the agency is protection in such products. The agency FDA’s position that the lowest effective only requiring the maximum will address comments pertaining to dose of an active ingredient be used to concentration limits in § 352.10 for measurement of UVA radiation produce the desired treatment effect, (5) sunscreen active ingredients when used protection in sunscreen products and result in higher manufacturing and in combination with another sunscreen related UVA radiation protection claims consumer costs due to unnecessary or when the combination is used with in a future issue of the Federal Register. levels of active ingredients, and (6) any other permitted active ingredient. Until then, UVA labeling may continue affect international harmonization However, any such ingredient used in in accord with the tentative final because Canada, Australia, and the combination with one or more monograph and its amendments. European Union have no concentration sunscreen active ingredients must be minimums for active ingredients when consistent with the regulations in F. General Comments on the Labeling of used in combination. § 330.10(a)(4)(iv), i.e., each of the Sunscreen Drug Products One comment petitioned the agency combined active ingredients must make 23. Several comments requested that to amend proposed § 352.20 of the a contribution to the claimed effect, the products containing sunscreen tentative final monograph to include a combining of active ingredients must ingredients as an adjunct to their main provision for formulating combination not decrease the safety or effectiveness purpose (e.g., a daily moisturizer or a sunscreen products at lower minimum of any individual active ingredient, and lipstick with a sunscreen) be considered concentrations. Two comments the combination must provide rational ‘‘secondary sunscreens’’ (intended only submitted efficacy data to support lower concurrent therapy for a significant for incidental or casual sun exposure), concentrations of sunscreen active proportion of the target population. and should be subject to different

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27673 labeling requirements from ‘‘primary’’ 30 or higher to provide adequate language in the labeling to suggest or sunscreen products. A number of protection, whether for continuous imply an unapproved therapeutic or comments likewise contended that some beach exposure or everyday (incidental) physiologic effect, would likely be of the labeling requirements for ‘‘beach’’ sun exposure. subject to regulatory action as an or ‘‘primary’’ sunscreen products are not The agency agrees that all sunscreen unapproved new drug (58 FR 28194 at appropriate for ‘‘non-beach’’ or products (whether drug only or drug- 28286 to 28287; see comments 37 and ‘‘secondary’’ sunscreen products. cosmetic) should be held to the same 38 in section II.I of this document). For example, the comments stated standards (e.g., active ingredient(s), 25. Three comments contended that that neither the proposed testing requirements, and labeling). the terms ‘‘natural,’’ ‘‘non-chemical,’’ ‘‘Recommended Sunscreen Product Regardless of what type of product a and ‘‘chemical free’’ are false and Guide’’ nor any other references to consumer chooses for sun protection, misleading in the labeling of OTC sunburn or sunburn protection should the essential information relevant to sun sunscreen drug products. The comments be required for secondary sunscreens. protection is the same. Thus, to ensure requested the agency to restrict the use Some suggested that the warnings be that consumers are adequately protected of these terms, especially for sunscreen reduced for secondary sunscreens to a from overexposure to the sun, all products containing titanium dioxide statement such as ‘‘For external use products intended for use as sunscreens and zinc oxide. only, keep out of eyes. Discontinue use should have similar labeling Generally, the appropriateness of if signs of irritation appear.’’ One requirements, irrespective of their these terms requires case-specific comment recommended that the method of use and irrespective of analysis to determine whether their use statement of identity for a secondary whether the sunscreen use is considered would render the product false or sunscreen should be its cosmetic primary or secondary to the product. misleading in any particular (see function, e.g., ‘‘moisturizer.’’ Another Consistent with this approach, the sections 502(a) and 602(a) of the act). recommended stating the primary agency has developed uniform, The agency notes, however, that the use (cosmetic) function first, then the streamlined labeling for all sunscreen of the terms ‘‘non-chemical’’ and secondary (drug) function, e.g., products (see sections II.I through II.L of ‘‘chemical-free’’ in the labeling of an ‘‘moisturizing face cream with this document). OTC sunscreen drug product, to sunscreen (or with SPF ll The agency also notes, however, that describe the ingredients contained in sunscreen).’’ a number of the labeling issues raised in the product, is likely to be considered The comments also suggested that these comments, including the issue of unacceptable. Sunscreen drug products secondary products be permitted to bear the ‘‘Recommended Sunscreen Product contain active (and often inactive) certain labeling claims relating to aging, Guide,’’ are addressed elsewhere in this ingredients that have been obtained such as ‘‘Helps reduce the chance of document. In addressing these issues, through a chemical process, or that have skin aging caused by incidental (or the agency gave careful consideration to been formulated into the finished casual) exposure to the sun,’’ or ‘‘Helps the wide variety of products marketed product through a chemical process. reduce premature aging from incidental for sunscreen uses. The term ‘‘natural’’ is more likely to (or casual) exposure to the sun.’’ Some Finally, the agency notes that under require context-specific analysis, also requested the option of being the recently issued standardized OTC particularly when used in labeling to allowed to relate skin aging claims drug product labeling format (§ 201.66 describe certain cosmetic aspects or directly to sun exposure, to inform (21 CFR 201.66)), manufacturers will uses of a sunscreen product. The term consumers more clearly that sun not be allowed to commingle drug and ‘‘natural,’’ however, would not be protection is not the primary attribute of cosmetic claims within the ‘‘Drug Facts’’ permitted to appear within the required the product, e.g., ‘‘Provides moisture to portion of the labeling. OTC drug labeling of a sunscreen facial skin throughout the day while 24. One comment requested product and is not considered to be protecting facial skin from skin aging clarification of the agency’s discussion interchangeable with any of the final due to exposure to sun.’’ Other of the term ‘‘anti-aging’’ as a claim or as sunscreen monograph language. comments recommended that the part of a trade name (58 FR 28194 at 26. Four comments opposed any proposed ‘‘Sun alert’’ statement or other 28287). The comment was concerned labeling that a sunscreen product ‘‘does references to ‘‘skin cancer’’ or other that products containing no sunscreen not provide UVA protection,’’ cancers should not be required for active ingredients and no sunscreen contending that FDA’s policy does not secondary products. claims, but which are sold under ‘‘anti- require disclaimers of broader purposes On the other hand, the agency also aging’’ trade names, would be subject to for which products are not useful. One received comments opposing the idea of regulation under the OTC drug comment added that an SPF 15 product recognizing ‘‘primary’’ and ‘‘secondary’’ sunscreen monograph. must block UVA radiation to be or ‘‘beach’’ and ‘‘non-beach’’ categories The use of ‘‘anti-aging’’ language in a effective in preventing sunburn. of sunscreen products. One comment product that made no sunscreen claims Two comments argued that a stated that any product containing a and contained no sunscreen active ‘‘negative warning’’ would be useful and sunscreen for the purpose of protection ingredients would not, as the comment necessary to warn and protect from the sun’s harmful effects should be asked, cause the product to fall within consumers and suggested ‘‘Does not held to the same standards as other the scope of the OTC sunscreen drug provide broad spectrum UVA sunscreen products. Another comment monograph. Such a product may, protection,’’ or ‘‘Caution: This product disagreed with the idea of allowing however, be subject to regulation as a does not provide protection from the different sets of claims for ‘‘primary’’ drug and as a new drug, under section recognized dangers of UVA rays which and ‘‘secondary’’ products. According to 201(g)(1) and (p) of the act, or as a may contribute to skin cancer and other this comment, claims such as ‘‘Helps cosmetic under section 201(i), or as both chronic skin disease.’’ reduce the chance of skin aging’’ are a drug and a cosmetic, depending upon Labeling should primarily direct drug claims and should be regulated as all of the circumstances surrounding its consumers towards the purposes for such. Finally, one comment stated that distribution. A product that is marketed which a product is considered useful. any sunscreen product (primary or under the final OTC sunscreen drug However, in establishing the conditions secondary) must have an SPF of 15 to monograph, but which uses anti-aging for the safe and effective use of an OTC

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 27674 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations drug product, the agency also must take agency will consider including this type The data provided by the comments into account, among other things, the of professional labeling in the in support of allowing numerical values context in which a product is monograph in the future when specific above 30 were of only limited use. Data customarily marketed and the potential supportive data are provided. from a field survey of 62 sunbathers on that consumers may use the product for Miami’s South Beach during July 1993 G. Comments on Sunscreen Drug a use for which it may not be beneficial (Ref. 21) did not provide any reliable (see sections 201(n) and 502(a) of the Products With High SPF Values conclusions on the frequency or extent act; § 330.10(a)(3)). 29. Numerous comments objected to of solar overexposure by light-skinned With these factors in mind, the agency the proposed maximum SPF value of 30 individuals or a benefit provided by will further evaluate whether ‘‘negative for OTC sunscreen drug products. The sunscreen products with an SPF value warnings’’ or disclosure statements are comments requested either that the above 30 as: (1) The sample size was needed when it completes the UVA agency adopt no limit or a limit of SPF small and the survey population did not portion of the sunscreen monograph in 50, for the following reasons: (1) UV represent a random sample, (2) the MED a future issue of the Federal Register. radiation exposure is increasing due to was not determined under controlled 27. Four comments contended that both lifestyle changes and depletion of conditions or standardized procedure, the signal words ‘‘Indications’’ and the atmospheric ozone layer, (2) skin and (3) full-day UVB radiation exposure ‘‘Directions’’ are not needed, take up cancer rates are increasing and there is was based on crude extrapolation of valuable label space, and should either no safe threshold to prevent cancer, (3) weather data. not be required or be optional, people using an SPF 30 sunscreen will Data from MED determinations on especially for sunscreen-containing drug have slight sunburn after receiving their 1,332 people with skin types I, II, and products that have some ‘‘traditional’’ 30 MED and therefore should have III, and UV radiation data for the month cosmetic uses (e.g., lipsticks). available sunscreens with higher SPF of June 1974 in 5 cities in the United The agency allows the signal word values, (4) high SPF sunscreens are States (Ref. 22), support the contention ‘‘Use’’ or ‘‘Uses’’ in place of needed for extremely sun-sensitive that a sizeable population may exist that ‘‘Indication’’ or ‘‘Indications.’’ This people during periods of unavoidable is at risk to more than 30 MED’s of UV short signal word is useful for intense or lengthy sun exposure, and radiation per day. However, the data are consumers, appropriate for dual use because of less than ideal usage by insufficient for extrapolation to the products, and does not clutter label consumers due to misjudging of their general population. The small sample space. Likewise, the agency concludes skin type and/or inadequate/infrequent size in this study limits the sensitivity that the signal word ‘‘Directions’’ is application, (5) there is a significant of the study and the study population useful for consumers and does not variation of skin types, sensitivities, and did not represent a random sample. clutter label space (64 FR 13254 at Finally, data from animal studies (Ref. UV radiation exposures among people, 13264 to 13268, March 17, 1999). The 23) showed that: (1) Limiting sunscreen (6) formulation techniques can increase agency is including § 352.52(f) in this protection to SPF 30 may not be prudent SPF values without necessarily final monograph to provide labeling if UV radiation damage is not related to increasing ingredient concentrations, (7) modifications for sunscreen products SPF; (2) a greater amount of sunscreen current information does not support an that meet the small package is needed to completely inhibit some of association between high SPF products specifications in § 201.66(d)(10) and are the nonerythemogenic damage caused and safety concerns, and (8) high SPF labeled for use on specific small areas by UV radiation, and (3) products provide for greater relative of the face (e.g., lips, nose, ears, and/or nonerythemogenic effects (e.g., exposure times and decreased UV around eyes). These products include photoimmunosuppression) occur with many traditional cosmetics (e.g., lipstick radiation transmission. Three comments suberythemal doses of UV radiation (as or eye makeup) that may contain (Refs. 21, 22, and 23) submitted can be obtained with the use of low or sunscreens. These products will be supporting data. high SPF sunscreens). While the agency allowed to present a condensed ‘‘Uses’’ Some comments stated that ‘‘High agrees that higher SPF values may section and may omit directions for use SPF’’ (i.e., above SPF 30) products are provide for greater relative exposure if they are marketed in a lipstick form. on the market and used by consumers, times, the SPF test is not the appropriate 28. One comment requested that the and that limiting SPF values would measurement of protection from monograph include professional stifle sunscreen product development nonerythemogenic damage because SPF labeling for both UVB and UVA and preventative health benefits. Other is only a measure of erythema. The radiation protection to assist health comments argued that sunscreens with agency finds that the data from these professionals to select appropriate high SPF values provide increased studies were not sufficient to either products. The comment recommended protection from ultraviolet radiation support or dismiss limiting the inclusion of the absorption spectrum of effects such as maximum SPF value in this final rule. each sunscreen in the product and photoimmunosuppression and are The agency continues to agree with suggested that the labeling include needed by those with ‘‘dermatological the comments about overall increases in information that the product: (1) problems.’’ both UV radiation exposure (58 FR Protects against drug-induced In contrast, some comments 28194 at 28223), skin cancer rates (58 photosensitization reactions induced by supported the agency’s proposal to limit FR 28194 at 28227), and the variation of UV radiation in the ranges ll nm to SPF values to 30 to stop the promotional skin types, sensitivities, and UV ll nm, and (2) other truthful and ‘‘bidding war’’ or ‘‘horsepower race.’’ radiation exposures among people (58 nonmisleading statements describing Another comment contended that real FR 28194 at 28222). The agency also both UVB and UVA radiation protection consumer benefit is achieved through agrees with the comment that a person against photosensitization reactions. appropriate balance of SPF, using an SPF 30 sunscreen could have The agency did not propose substantivity, UVA radiation protection, a slight sunburn after being exposed to professional labeling in the tentative irritation potential, and cost, whereas their 30 MED (i.e., after their skin final monograph, but did ask for data to SPF values above 30 provide only receives a MED). However, the agency be submitted (58 FR 28194 at 28210 and ‘‘incremental benefit’’ and an continues to believe that an SPF 30 28245). No data were received. The unnecessary increase in drug exposure. sunscreen product provides adequate

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27675 protection for the majority of consumers will cause the product to be misbranded resistance studies (Ref. 24) utilizing even under extreme conditions, less under section 502 of the Federal Food, methods proposed by the Panel in the than ideal usage, or in varying weather Drug, and Cosmetic Act (the act).’’ ANPRM (43 FR 38206) and involving a conditions (58 FR 28194 at 28225). Numerous comments from total of 117 subjects. The comment On the other hand, the agency is also dermatologists asked that a specific SPF concluded that the water resistance test aware that many OTC sunscreen 50 product be allowed to remain on the is less stressful than the sweat resistance products with SPF values above 30 are market because it is needed for the test. currently marketed and are increasingly ‘‘ultrasensitive patient’’ and for patients The agency does not find the data used by consumers. Numerous with ‘‘dermatological problems.’’ The submitted in the studies sufficient to comments from health professionals, agency has previously discussed the use support the comment’s contention. The consumers, and industry provide actual of high SPF sunscreen drug products to studies each comprised distinct subject use information in support of SPF protect consumers with photosensitivity populations and addressed a single values above 30 for what may be a diseases (58 FR 28194 28225) and the variable, i.e., the effect of water substantial number of sun-sensitive need to provide data for such uses (see exposure or induced sweating on a people in this country. Further, as section II.F, comment 28 of this product’s SPF. Therefore, a comparison numerous comments noted: (1) There is document) as the absorption spectrum of mean SPF values across studies is not a lack of data to correlate higher than of a specific product, not necessarily the the appropriate measure of relative SPF 30 sunscreen products with SPF, may be the more clinically ‘‘stress’’ associated with these variables. corresponding safety problems, and (2) significant factor for such people. The agency believes that a randomized, modern formulation techniques have As discussed previously in this two-period crossover study design in a resulted in higher SPF values using comment 29 of section II.G of this single patient population would better lower active ingredient concentrations. document, the agency has concluded have addressed the comment’s Because of the numerous concerns that the use of SPF label values above contention. Further, the Panel’s sweat from health professionals, new data to 30 in OTC drug products is not and water resistance protocols provide support the need for SPF values above supported at this time. The agency, qualitative information and were not 30, and the lack of data concerning however, invites interested persons to designed to provide comparative safety problems with such SPF values, continue developing the test methods assertions requiring valid statistical the agency concludes that OTC needed to measure high SPF values, and inferences. Thus, the agency is allowing sunscreen drug products with SPF to submit the data in support of such water and sweat resistant claims based values above 30 should be available for methods to FDA. If test methods are upon the water resistance test those sun-sensitive consumers who developed, the agency also invites procedures in § 352.76 of this require such products based upon interested persons to consider proposed document. personal knowledge of their skin’s methods for communicating in labeling susceptibility to sunburn, experience the level of protection associated with 31. One comment contended that the with specific products, planned sun high SPF values (given the nonlinear ‘‘water resistant’’ labeling proposed in exposure, or the recommendation of a nature of the SPF rating system). These § 352.50(b)(1) and (c)(1) should not be health professional. The agency agrees and other well-supported improvements required for products labeled or with the comments that higher SPF to the methodology for accurately and purchased for uses other than values generally can provide for greater reproducibly measuring SPF values will swimming or bathing. relative exposure times and decreased be addressed, as appropriate, in future The agency notes that the water UV radiation transmission. However, issues of the Federal Register. Until resistance statements referenced by the the agency continues to believe that the then, OTC sunscreen drug products are comment were not required unless the additional sunburn protection provided permitted to be labeled with SPF values manufacturer wished to make water by an SPF 30 sunscreen and, e.g., an no higher than ‘‘30+’’ or ‘‘30 plus.’’ resistant claims in the labeling of its SPF 50 sunscreen (i.e., about a 1.3 Finally, the agency does not agree sunscreen products. This final rule also percent increase in absorption of with the argument that limiting SPF will not require a manufacturer to make erythemal UV radiation) is extremely values would stifle sunscreen product a water resistance claim for its small for most people. The agency is development and preventative health sunscreen product, even if the product also concerned about the ability of benefits. Undue emphasis for sunburn is determined to be water resistant. current testing methods to accurately protection should not be placed upon However, a manufacturer wishing to and reproducibly determine SPF values SPF value alone (i.e., ‘‘single focus make water resistance claims must for high SPF products (see section II.M, products’’). As noted by another comply with §§ 352.50(b) or (c) and comment 53 of this document). In comment, consumer benefit is achieved 352.52(b)(1)(ii) or (b)(1)(iii) of this addition, nonlinearity of the SPF rating through appropriate balance of several document, as applicable for ‘‘water system is a concept difficult to explain factors, including substantivity, UVA resistant’’ or ‘‘very water resistant’’ in the limited space on a product label. radiation protection, and irritation products. Therefore, the agency concludes that the potential. 32. Several comments urged the label SPF declaration for sunscreens agency to return to the ‘‘waterproof’’ with SPF values above 30 should be H. Comments on Water Resistant and ‘‘water resistant’’ label claims limited to one collective term, which Labeling and Testing for Sunscreen proposed by the Panel and to limit the appears in § 352.50(a) of this document Drug Products labeled SPF value to only the SPF after as follows: ‘‘For products with SPF 30. One comment agreed and several water resistance testing. Another values over 30. ‘‘SPF 30’’ (select one of disagreed with proposed comment requested only general the following: ‘‘plus’’ or ‘‘+’’). Any § 352.52(e)(2)(iii) and (e)(3)(iii) guidelines for claims such as ‘‘water statement accompanying the marketed concerning sweat resistant claims based resistant’’ or ‘‘sweat resistant’’ on the product that states a specific SPF value upon water resistance testing instead of basis that such claims reflect the above 30 or similar language indicating a specific sweat resistance test. One inherent characteristics of specific a person can stay in the sun more than comment submitted data from two formulations and not sunscreen 30 times longer than without sunscreen sweat resistance studies and two water ingredients.

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The agency thoroughly discussed use In addition, the agency believes that for The agency agrees that solar keratoses of the terms ‘‘waterproof’’ and ‘‘water consumers to compare products with are a clinical sign of skin damage. resistant’’ in the tentative final multiple performance characteristics, a However, although sunscreens are monograph (58 FR 28194 at 28228). The labeling claim of ‘‘very water resistant’’ associated with a statistically significant comments did not present any is best supported by a uniform testing decrease in solar keratoses after 1 or 2 arguments or data that the agency did standard. Should the agency receive years, the solar keratoses reduction in not previously consider. In addition, the data in the future indicating customary this study was small and neither the agency points out that performance usage patterns in excess of 80 minutes clinical nor biological significance of claims such as these for OTC sunscreen of water exposure, it will reconsider this this reduction has been established. drug products are based on final limit. Most solar keratoses never become skin product formulation. 35. One comment disagreed with the cancers and typically resolve The agency agrees with the comments agency’s proposal in the tentative final spontaneously (Refs. 27 and 28). that the more relevant SPF value for monograph (58 FR 28194 at 28278) that Because of the wide variability products labeled ‘‘water resistant’’ or manufacturers determine the waiting possible in the formulation of sunscreen ‘‘very water resistant’’ is the SPF value periods for the most effective use of products, not all sunscreen products are of the final product formulation their sunscreen products (i.e., the time identical in their UV radiation following water resistance testing. between application and exposure to the absorption characteristics. Sunscreen Therefore, in this document the agency sun or water, if applicable). This products may contain active ingredients is limiting the SPF label declaration to information would then be included in that absorb in different regions of the the SPF after water resistance testing the directions for the product. The UVB radiation spectrum (the primary and is modifying the testing procedures comment asserted there is no reason to cause of sunburn) or absorb in both the in § 352.76 to reflect deletion of the require a ‘‘time versus efficacy’’ study UVB and different regions of the UVA proposed dual SPF testing requirement for every sunscreen formula because radiation spectrum. Therefore, even the for sunscreen products with water studies show that products maintain degree/type of UV radiation protection resistant claims. their efficacy for up to 8 hours. reported in one study using a specific 33. Two comments suggested that In the tentative final monograph, the sunscreen formulation may not be ‘‘water resistant’’ labeling be permitted agency did not propose a specific relevant to all possible sunscreen for drug products retaining at least 80 method or testing procedure for the products within the scope of this final percent of their SPF value after static determination of a proper waiting monograph. Further, the agency does testing in pools and that any product period because of the variation in not believe that it is prudent to meeting this criterion could also be sunscreen product dosage forms and extrapolate claims for skin cancer or labeled ‘‘sweat proof.’’ The comments formulations. Instead, the agency further suggested that the term ‘‘very allowed manufacturers to make this skin aging based upon a test designed to water resistant’’ should be permitted for determination. However, the agency did only measure erythema (i.e., the SPF products retaining 90 to 98 percent of propose in § 352.52(d)(2) that a waiting test). their SPF after testing. period before sun or water exposure, if The agency has reviewed information The agency disagrees with the applicable, be included in the labeling concerning the mechanisms of skin comments. Simple immersion provides of sunscreen products for their most cancers and photoaging. UV radiation neither an aqueous shear stress nor effective use. In this final rule, the appears to have a dual role in the thermal challenge, and thus is an agency has included the requirement for induction of skin cancers as it can cause inadequate assessment of water a waiting period in the sunscreen several varieties of direct DNA damage resistance. In addition, no justification product application statement in (Refs. 23 and 29 through 32) plus was offered for the respective threshold proposed § 352.52(d)(1) for the reasons suppress the immune response to values of 80 percent and 90 to 98 stated in the tentative final monograph developing skin cancers (Refs. 33 percent. (58 FR 28278). The agency continues to through 37). This immune suppression 34. Several comments contended that allow the manufacturer to determine may be a critical variable as skin the water resistance testing procedures both the necessity for this statement cancers, unlike other cancer types, in § 352.76 should be amended to allow (based on the product’s formulation and evoke a strong immune response for continuation of the water exposure dosage form) and how the waiting (especially by Langerhans cells and T- regimen beyond the 80 minute total and period, if applicable, is determined. lymphocytes) (Ref. 38). In photoaging, suggested that the ‘‘very water resistant’’ there are multiple sites in the skin that claim be expanded beyond 80 minutes I. Comments on Indications for can be damaged by UV radiation (Ref. for products meeting such testing Sunscreen Drug Products 17). For example, recent studies support requirements. One comment provided 36. One comment urged the agency to the concept that specific UV radiation- data (Ref. 24) to support extended water more strongly state the effectiveness of induced enzymes (i.e., matrix resistance claims. Another comment sunscreens (a specific claim was not metalloproteinases) can mediate also proposed a testing protocol (Ref. suggested). The comment cited a connective tissue damage and result in 25) for an additional claim of controlled study of a broad spectrum, the premature aging effects seen in skin ‘‘rubproof’’ or ‘‘abrasion proof.’’ SPF 17 sunscreen on 431 Caucasian exposed to UV radiation (Refs. 19 and The agency does not concur with an subjects over one summer in Australia 20). These data also suggest that these expansion of the ‘‘very water resistant’’ (Ref. 26). The study showed that the mechanisms of carcinogenesis and claim. Although data submitted by the group using the sunscreen had photoaging can occur from doses of UV comment (Ref. 24) show that under significantly fewer solar keratoses and radiation below that required to produce testing conditions products may retain more remissions than the control group. sunburn (i.e., suberythemal doses). their SPF values for up to 270 minutes Another comment expressed concern Thus, even if no sunburn has occurred of water exposure, no usage data were that use of the term ‘‘help prevent skin with the use of a sunscreen, the presented to refute the Panel’s damage’’ may mislead consumers to consumer cannot assume that sun- determination of an 80 minute upper think that these products prevent skin induced skin damage that might exposure limit (58 FR 28194 at 28277). cancer and premature skin aging. contribute to the eventual development

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27677 of skin cancer or signs of photoaging has For the same reasons, the agency also 39. Several comments contended that not occurred. considers extended wear claims the extensive labeling proposed in the The agency agrees with the comment concerning a specific number of hours tentative final monograph was that terms such as ‘‘help prevent skin of ‘‘protection’’ (or similar terminology) excessive. For environmental concerns, damage’’ may mislead consumers to or an absolute claim such as ‘‘all-day the comments objected to the use of think that sunscreen use alone will protection’’ to be nonmonograph. extra packaging materials as a method of prevent skin cancer and premature skin Instead, the agency is including an including added labeling. One comment aging. However, the agency believes that accurate, simpler, and less confusing disagreed with the need for a specific an appropriate statement can be used to indication statement in this final rule statement of product indications on inform consumers that sunscreens may using two bulleted statements under the individual units of non-beach products reduce the risks of skin aging, skin ‘‘Uses’’ heading, as follows: ‘‘[bullet] properly labeled with an SPF value, and cancer, and other harmful effects from helps prevent sunburn’’ and ‘‘[bullet] cited limitations on labeling space. The the sun when used in a regular program higher SPF gives more sunburn comment suggested that manufacturers that includes limiting sun exposure and protection’’.1 be given the option to provide off- wearing protective clothing (see section 38. Several comments contended that package information at the point-of-sale II.L, comment 51 of this document). terms such as ‘‘skin aging,’’ rather than be required to place the 37. Several comments expressed ‘‘wrinkling,’’ ‘‘premature skin aging,’’ or statement(s) on each individual unit of concern that the statements ‘‘Allows ‘‘photoaging’’ should be permitted as the product. you to stay in the sun up to (insert SPF indications for sunscreens, especially if To balance the environmental and of product up to 30) times longer than protection is provided in the UVA II regulatory concerns, the agency has without sunscreen protection’’ and (320 to 340 nm) radiation region. One streamlined labeling in this final ‘‘Provides up to (insert SPF of product comment suggested that a label claim monograph by significantly reducing the up to 30) times your natural protection such as ‘‘Helps reduce the chance of amount of required labeling and making from sunburn’’ in proposed skin aging caused by incidental (or optional other labeling that was § 352.52(b)(1)(iii) and (b)(1)(iv) may casual) exposure to the sun’’ may help proposed as required in the tentative mislead consumers as to the amount to further position the product as a final monograph. The agency is also and degree of protection sunscreen cosmetic for consumers. The comment including § 352.52(f) in this final products provide. The comments were also suggested an indication statement: monograph to provide for additional concerned that this message will convey ‘‘Excessive, chronic sun exposure can labeling accommodations for sunscreen a more expansive meaning than lead to premature photoaging of the products that meet the small package intended and that consumers might be skin, characterized by drying, wrinkling specifications in § 201.66(d)(10) and are misled about how long they can stay in and thinning of the skin. Regular use of labeled for use on specific small areas the sun without risking any sun- a sunscreen can help protect against this of the face (e.g., lips, nose, ears, and/or induced skin injury. One comment condition.’’ around eyes) (see section IV, comment expressed additional concern because The agency discussed the use of terms 6 of this document). the SPF value is only a laboratory test such as ‘‘skin aging,’’ ‘‘wrinkling,’’ of a few minutes duration. ‘‘premature skin aging,’’ or J. Comments on Warnings for Sunscreen One comment also objected to the ‘‘photoaging’’ on sunscreen products in Drug Products unqualified use of terms such as the tentative final monograph (58 FR 40. One comment asked the agency to ‘‘shields from,’’ ‘‘protects from,’’ 28194 at 28236 and 28287). As permit reduced warning statements for ‘‘filters’’ or ‘‘screens out’’ the ‘‘sun’s discussed in the response to comments lip balm products containing sunscreens rays,’’ ‘‘sun’s harsh rays,’’ or ‘‘sun’s 36 and 37, the agency has determined based on their safe market history. The harmful rays’’ to ‘‘help prevent skin that the labeling should describe the comment argued that lip balms are not damage’’ proposed in § 352.52(b)(1)(v) product’s use in preventing sunburn. A applied to the eye area, and thus and (b)(1)(vi). The comment expressed more expansive set of indications is extensive eye warnings are not required. concern that these unqualified terms currently unsupported. The agency Two comments cited the long history of could imply complete protection from notes, however, that the final ‘‘Sun safe use of lipstick products containing the sun’s harmful rays and may mislead alert’’ statement (discussed in section sunscreens and suggested the reduced consumers by inducing a false sense of II.L, comment 51 of this document) does warning, ‘‘Discontinue use if signs of security when using sunscreen provide the consumer with information irritation appear.’’ products. about the role of sunscreens in reducing The agency discussed its rationale for As discussed in section II.I, comment skin aging, in a context that ensures that proposing an eye warning for sunscreen- 36 of this document, the agency believes the information will not be misleading. containing lip balms in comment 52 of that sunscreen use alone will not The agency, however, is continuing to the tentative final monograph (58 FR prevent all of the possible harmful consider whether certain sunscreens 28194 at 28229 to 28232), noting that effects due to the sun. Variation may provide protection against some lip balms could be used on other between individuals, UV radiation photoaging (58 FR at 28287) and has areas of the face. However, the agency absorption and substantivity of discussed this in tentative final has received neither data concerning sunscreen products, exposure monograph amendments for certain adverse reactions due to the use of conditions, and conditions of use sunscreens containing avobenzone or sunscreen-containing lip balms near the cannot promise a precise result for each zinc oxide based upon specific data eyes, nor information that such products individual. Thus, the agency agrees that submitted to the agency (see section II.E, are normally used in the eye area. These these statements could provide the comment 22 of this document). The products also are consistent with the wrong message and a false sense of agency will evaluate this issue further factors described in the final OTC security to some consumers. The agency when it completes the UVA portion of standardized content and format therefore is not including proposed the sunscreen monograph, in a future labeling rule (64 FR 13254 at 13270) for § 352.52(b)(1)(iii) through (b)(1)(vi) in issue of the Federal Register. considering additional labeling this final rule and considers these and modifications. Accordingly, this final similar statements to be nonmonograph. 1 See § 201.66(b)(4) monograph allows sunscreen-containing

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 27678 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations lipsticks to omit the eye warning in more concisely, as follows: ‘‘For products is unlikely to have serious proposed § 352.52(c)(1)(i). As discussed external use only. Keep out of eyes. If consequences. in Section II.J, comment 42 of this contact occurs, rinse thoroughly with The agency has determined that document, the wording of this warning water. If irritation or rash occurs, directions for use in the labeling of is modified in this final monograph. For discontinue use. Consult a doctor if lipstick products containing sunscreens lip balms, the agency expects to adopt problem persists.’’ would provide minimal benefit to the same modification when it issues Since the tentative final monograph consumers and the omission of a the final monograph on OTC skin was published, the agency has directions statement is not likely to have protectant drug products. published a final rule revising the serious consequences (see section II.J, The proposed warning in format and content requirements for comment 40 of this document). § 352.52(c)(1)(iii) is now stated as a OTC drug product labeling (64 FR However, the agency believes that bullet under the ‘‘Stop use and ask a 13254). Section 201.66(c)(5)(i) requires directions would be useful for make-up doctor if’’ subheading as follows: the warning ‘‘For external use only’’ for products containing sunscreens because ‘‘[bullet] rash or irritation develops and all topical drug products not intended of the wide variety of make-up products lasts.’’ This warning appears in for ingestion. Therefore, it is not that are available. Therefore, the agency § 352.52(c)(1)(ii) in this document. necessary to state that warning in this is revising proposed § 352.52(d)(4) to Finally, lipsticks (and lip balms, which document and the warning in proposed read: ‘‘For products formulated as a will be addressed in the final § 352.52(c)(1)(i) is not included in this lipstick. The directions in paragraphs monograph on OTC skin protectant drug final monograph. The agency is (d)(1) and (d)(2) of this section are not products) will not be required to bear shortening the proposed warning in required.’’ The agency expects to the ‘‘For external use only’’ warning. § 352.52(c)(1)(ii). This warning appears finalize the same modifications for lip Accordingly, in this final monograph, in § 352.52(c)(1)(i) in this document as balm products when it finalizes the § 352.52(c)(2) allows lipsticks to omit a bullet under the ‘‘When using this monograph for OTC skin protectant the warning in § 201.66(c)(5)(i). product’’ subheading as follows: drug products. 41. One comment requested that an ‘‘[bullet] keep out of eyes. Rinse with 45. Several comments contended that eye irritancy warning need not be water to remove.’’ The agency is stating the proposed direction, ‘‘Children under required for products that contain the proposed warning in 2 years of age should use sunscreen titanium dioxide as the sole active § 352.52(c)(1)(iii) as a bullet under the products with a minimum SPF of 4,’’ is ingredient. The comment stated that ‘‘Stop use and ask a doctor if’’ misleading and has no scientific basis. titanium dioxide is an inert inorganic subheading as follows: ‘‘[bullet] rash or Some comments stated that the oxide (and thus is chemically distinct irritation develops and lasts.’’ This direction implies that an SPF 4 may be from all other Category I sunscreen warning appears in § 352.52(c)(1)(ii) in adequate for children and noted that the active ingredients, which are organic this document. Section 201.66(c)(5)(x) Skin Cancer Foundation advises use of compounds) and is an FDA approved requires the ‘‘Keep out of reach of SPF 15 or higher for both children and color additive for the eye area in both children’’ and accidental ingestion adults. The American Academy of drugs and cosmetics. The comment warning set forth in 21 CFR 330.1(g) for Dermatology questioned why children argued that determination of eye these products. irritancy should be based on total 43. One comment contended that the should not have the benefit of a more product formulation. A second proposed warning about swallowing in highly protective sunscreen. Other comment concurred that the labeling for § 352.52(c)(1)(i) would not be needed for comments suggested that this direction inorganic sunscreens, which are not eye so-called secondary sunscreen products should only be required for products irritants, should be differentiated from because adults using these products with an SPF lower than 4 because it organic sunscreens, which may be (which, according to the comment, have would be nonsensical and a waste of irritants in the eye. traditionally been marketed as label space on products with higher SPF The agency agrees that the eye cosmetics) would know not to ingest values. warning (proposed in § 352.52(c)(1)(ii)) them. The agency agrees with the comments is based on total formulation, not simply As discussed in section II.J, comment that this direction could mislead parents presence of an ingredient. The agency’s 42 of this document, the warning into believing SPF 4 is adequate for rationale was discussed in comments 52 proposed in § 352.52(c)(1)(i) has been children under 2 years of age. Therefore, and 62 of the tentative final monograph superseded by the warning required by the agency concludes it is not (58 FR 28194 at 28229 to 28232 and § 201.66(c)(5)(i). The new required appropriate and is not including it in 28241). Accordingly, this final warning no longer contains the § 352.52(d) in this document. monograph requires all sunscreen- statement about not swallowing the 46. One comment stated that the containing drug products to bear the eye product. words, ‘‘adults and children 6 months of warning in § 352.52(c)(1)(i). Only age and over’’ in proposed § 352.52(d)(1) products formulated as a lipstick (and K. Comments on Directions for are unnecessary because there is a lip balms, which will be addressed in Sunscreen Drug Products separate statement, ‘‘Children under 6 the final monograph on OTC skin 44. Two comments stated that the months of age: consult a doctor.’’ protectant drug products) may omit this proposed directions in § 352.53(d)(4) for Another comment suggested that warning (see § 352.52(c)(3) of this lipsticks and make-up preparations are lengthy directions for use by children 6 document). The agency will consider unnecessary because these products are months to 2 years of age are not omitting the eye warning requirement marketed primarily for their cosmetic appropriate for many product types for a particular formulation if data uses, which are self-evident. One (e.g., a daily facial moisturizer with a submitted in an NDA deviation comment contended that it is unlikely sunscreen) and should be revised to (§ 330.11 (21 CFR 330.11)) from the that consumers will modify their habits ‘‘For adult use only.’’ Another comment sunscreen monograph demonstrate it is of lipstick application and usage simply added that when ‘‘For adult use only’’ not an eye irritant. because the product contains a is used, then warning and cautionary 42. One comment suggested restating sunscreen. The other comment argued statements concerning use by children the proposed warnings in § 352.52(c)(1) that failure to follow directions for these would not be needed.

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The agency agrees with the comment submit that information for approval via the agency is not including the that the statement, ‘‘Children under 6 an NDA deviation as provided in recommended sunscreen product guide months of age: consult a doctor,’’ § 330.11. in this document. provides sufficient information 51. Many comments requested that L. Comments on Product Performance regarding the age limit for use and is the ‘‘Sun alert’’ in proposed Statements for Sunscreen Drug Products retaining it under § 352.52(d) as a bullet § 352.52(e)(6) be voluntary instead of with a small modification as follows: 49. Several comments recommended required labeling and suggested this ‘‘[bullet] children under 6 months of revisions to proposed § 352.52(e), the information could better be age: ask a doctor’’. Therefore, the agency statement on product performance. For disseminated at the point of purchase or is removing the phrase, ‘‘Adults and example, some comments suggested that through consumer education programs. children 6 months of age and over.’’ The multiple superlative category Some comments stated that the ‘‘Sun proposed directions for children 6 designations (e.g., ‘‘high,’’ ‘‘very high,’’ alert’’ is too weak and suggested months to 2 years of age referred to by and ‘‘ultra high’’) may foster consumer alternate language. One comment the comments in § 352.52(d)(1), (d)(2), confusion about the level of protection observed that the ‘‘Sun alert’’ fails to (d)(3), and (d)(5) stated: ‘‘Children each SPF provides. Other comments warn consumers that UV radiation may under 2 years of age should use stated that the current SPF scale does harm the immune system, impairing the sunscreen products with a minimum not encourage consumers to use higher body’s ability to fight infectious disease. SPF of 4.’’ As discussed in section II.K, SPF products. Other comments The comment did not provide data to comment 45 of this document, the disagreed with the indication ‘‘permits support this claim. agency concluded that this direction no tanning.’’ The agency agrees that the ‘‘Sun alert’’ was misleading and did not include it The agency has revised proposed should be optional on product labeling. in § 352.52(d) in this document. The § 352.52(e) in this document by Further, the agency has reevaluated the agency finds it unnecessary to include condensing the five proposed product ‘‘Sun alert’’ and concludes that its the direction ‘‘For adult use only’’ in categories to three broader ones, and has purpose should be to describe the role this document because there are only generalized the category designations. of sunscreens in a total program to two age groups in the directions: The new categories are: minimal reduce harmful effects from the sun. Children under 6 months of age and all sunburn protection for products with Marks (Ref. 39) has noted that other users of the product. SPF 2 to under 12; Moderate sunburn sunscreens ‘‘are normally recommended 47. One comment argued that the protection for products with SPF 12 to for use as an adjunct to other direction ‘‘apply generously’’ may be under 30; high sunburn protection for protection,’’ such as clothing, hats, and responsible for some skin irritation products with SPF 30 or above. These avoidance of the sun near midday. The complaints from consumers. However, product category designations (PCD) agency agrees with this concept, as do the comment did not provide data to should appear under the ‘‘Other many researchers (Ref. 40), the support its position. The comment information’’ heading and may also American Academy of Dermatology contended that application of smaller appear on the PDP. Further, products (Ref. 41), Centers for Disease Control amounts of sunscreen may provide are now described as providing (Ref. 41), and the Governments of adequate coverage, but that in the case minimal, moderate, or high protection Australia and New Zealand (Ref. 42). of sun protection, it may be best to err against tanning, thus deleting the For this reason, the agency has revised on the generous side. Another comment reference to tanning prevention that was the ‘‘Sun alert’’ to include other maintained that applying too little proposed in § 352.52(b)(2)(v)(B). protective actions consumers can take, sunscreen may significantly lower 50. Many comments opposed the and has clarified possible results. The protection in a geometric rather than a ‘‘recommended sunscreen product agency is including skin cancer in the linear fashion, e.g., an SPF 25 sunscreen guide’’ in proposed § 352.52(e)(4). Some ‘‘Sun alert’’ instead of the body’s ability applied half as thick as the amount comments noted that the guide is to fight infectious disease because, to applied for the SPF test may only have incomplete because it only considers date, skin cancer is the best documented the effect of SPF 8. skin type and not duration of exposure, adverse effect of UV radiation on the The agency agrees with the comments season, geographic location, and other immune system (Ref. 43). Accordingly, that adequate sunscreen should be factors that influence choice of product. § 352.52(e)(2) in this document provides applied to achieve full labeled SPF Other comments stated that the guide is the following optional ‘‘Sun alert,’’ protection. Therefore, the agency deceptive and may encourage which should appear under the ‘‘Other concludes that the directions in inappropriate use of lower SPF’s for information’’ heading and may also § 352.52(d)(1) of this final monograph to protection. Several comments stated appear on the PDP: ‘‘Limiting sun apply ‘‘liberally’’ or ‘‘generously’’ that labeling for many products is too exposure, wearing protective clothing, convey the appropriate message to small to accommodate the guide. Other and using sunscreens may reduce the ensure that consumers adequately apply comments suggested that information in risks of skin aging, skin cancer, and the sunscreen. the guide should be disseminated to other harmful effects of the sun.’’ The 48. One comment stated that the consumers through point of sale, agency encourages sunscreen agency should permit firms to provide television, and weather programs, rather manufacturers to voluntarily include reapplication instructions based on than being required in product labeling. this ‘‘Sun alert’’ in the labeling and to substantiation information the firm The agency recognizes that various otherwise make it available at point of possesses. The comment noted that factors influence the purchase of a purchase and through consumer some products may not need to be sunscreen product, including skin type, education programs. applied as frequently as some select geographic location, hours exposed to 52. Several comments suggested that time period. the sun, and sun reflections. While the the term ‘‘sunblock,’’ proposed in the The agency is including a general product guide was intended as a general definition in § 352.3(d) and as a labeling reapplication direction in § 352.52(d)(2). guidance for using these products, the statement for products containing Manufacturers who have data to support agency acknowledges that the guide is titanium dioxide that provide an SPF of reapplication instructions based on incomplete and could be confusing and 12 to 30 in § 352.52(e)(5), not be specific substantiation information may misleading to consumers. Accordingly, included in the final monograph. Some

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 27680 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations comments argued that the term is M. Comments on Testing Procedures for equation. Another comment stated that unclear and may mislead and confuse Sunscreen Drug Products the definition of E is incorrect because consumers into thinking that the 53. Several comments questioned the it is defined as ‘‘dose’’ (Joules/square product blocks all of the sun, when in meter (m2)) on the left side of the ability of current testing methods to Σ λ λ fact it does not. One comment stated accurately and reproducibly determine equation E = Vi ( ) * I ( ), whereas the that no product available totally blocks SPF values for high SPF products. Some right side of the equation is in terms of 2 sun damage. Numerous other comments comments contended that the spectra of irradiance (Watts/m ). The comment contended that the term ‘‘sunblock’’ currently used solar simulators also stated that the unit of time should be applied to all sunscreen (especially around 290 nm and above exposure (seconds) is missing on the ingredients that provide an SPF of 12 or 350 nm) could cause overestimation of right side of the equation. The agency acknowledges that this higher, as such products block at least SPF for high SPF sunscreens and calculation is not technically necessary 90 percent of the sun’s UV rays. One of recommended use of a specifications if the solar simulator emission spectrum the comments submitted a study (Ref. table that provided percent of erythemal does not change between exposures to 44) to show that micronized titanium contribution by wavelength regions. protected and unprotected skin. The dioxide absorbs short wavelength UV Other comments submitted data in radiation and reflects and scatters long same result can then be obtained by support of a high-SPF sunscreen control measuring the difference (i.e., ratio) in wavelengths, thereby functioning following concerns expressed by the similarly to chemical UVB radiation time required to produce erythema on agency in the proposed rule (58 FR protected versus unprotected skin. sunscreens. The comment contended 28194 at 28253 and 28254) that data that the method in which micronized However, the agency finds that the were not sufficient to demonstrate that calculation of E provides valuable titanium dioxide performs as a the testing methods used to evaluate sunscreen active ingredient further information and is necessary to sunscreen drug products with SPF demonstrate how the MED was justifies the use of the term ‘‘sunblock’’ values up to 15 are equally applicable determined during SPF testing. The for all sunscreen products with an SPF to evaluating sunscreen drug products agency agrees with the comment of 12 or higher. with SPF values above 15. Several concerning the missing variable of time The agency has decided not to comments submitted data and (in seconds) in the calculation of E and, include the term ‘‘sunblock’’ in the final information that questioned the ability accordingly, has modified the equation monograph and now considers this term of current testing methods to accurately in § 352.73 of this document to read as and reproducibly determine SPF values nonmonograph. The agency’s intention follows: ‘‘ E = Σ Vi (λ) * I (λ) * texp’’ in the tentative final monograph was to for high SPF products and requested provide information to consumers on significant changes to proposed subpart III. Recent Developments the method of product performance, not D of § 352.70. Other comments In the Federal Register of October 22, to imply greater protection from using a requested changes to the testing 1998, the agency proposed to amend the product labeled as a ‘‘sunblock.’’ The procedures proposed in subpart D of the tentative final monograph to include agency is concerned that the term sunscreen monograph that were zinc oxide as a single ingredient and in ‘‘sunblock’’ on the label of sunscreen unrelated to products with high SPF combination with any proposed drug products will be viewed as an values. Category I sunscreen active ingredient absolute term which may mislead or The agency believes that the test except avobenzone. Two comments confuse consumers into thinking that method proposed in the tentative final supported the proposal. One comment the product blocks all light from the monograph (TFM), for measuring SPF disagreed with the agency’s exclusion of values up to 30, represents at this time sun. For example, consumers might avobenzone from combinations with a straightforward, well-understood, and view an SPF 15 product labeled as a zinc oxide. Two of the comments urged sound method for measuring these sunblock as superior to a product the agency to expeditiously review and values. The agency therefore is labeled as an SPF 30 broad spectrum approve a citizen petition (Ref. 45) to finalizing the method proposed in the sunscreen. As nonmonograph labeling, recognize this combination. TFM. The agency recognizes, however, the term ‘‘sunblock’’ cannot appear The agency has informed the that testing methods in this area are anywhere in product labeling. petitioner that it is unable to approve evolving and that a number of the combination without appropriate In addition, the proposed definition of comments raised useful ideas for UVA radiation effectiveness data to ‘‘sunscreen opaque sunblock’’ in proposed improvements in the accuracy demonstrate the UVA radiation § 352.3(d) applied only to titanium and reproducibility of the agency’s protection potential of zinc oxide in dioxide and is inconsistent with how methodology. As discussed in response combination with avobenzone (Ref. 46). micronized titanium dioxide functions to comment 29 of section II.G of this The agency will reconsider this as an sunscreen active ingredient (Ref. document, the agency is also inviting combination for monograph status upon 44). Further, it is the radiation from the interested persons to continue working receipt of the appropriate data. UV portion (290 to 400 nm) of the sun’s on improving SPF testing methods, This final rule includes monograph spectrum that reaches the earth’s surface toward the development of accurate conditions for zinc oxide as a sunscreen and may produce skin erythema, methods for measuring high SPF values. active ingredient at concentrations up to melanogenesis, and cancer. The agency In future issues of the Federal Register, 25 percent when used alone or in believes that claims of protection if appropriate, the agency will consider combination with any monograph beyond 400 nm (i.e., protection from proposed improvements to its testing sunscreen active ingredient except visible and infra red light) are methodology. avobenzone. nonmonograph and not within the 54. One comment contended that the scope of this document. Therefore, to calculation of erythema effective IV. Additional Changes provide clear and consistent labeling, exposure (E) serves no practical purpose 1. The agency has determined that for the agency is not including proposed in the calculation of SPF because the E an active ingredient to be included in an §§ 352.3(d) and 352.52(e)(5) in this constant is common to both the OTC drug final monograph it is document. numerator and denominator of the necessary to have publicly available

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27681 chemical information that can be used references to any other indication § 352.52(b)(1)(ii) and (b)(1)(iii) in this by all manufacturers to determine that except that pertaining to the prevention document. the ingredient is appropriate for use in of sunburn (see section II.I, comment 37 5. The agency has modified references their products. Compendial monographs of this document), (2) adding (in to ‘‘tanning’’ and ‘‘prolongs exposure include an ingredient’s official name, § 352.52(b)(2) of this final rule) guidance time’’ in proposed § 352.52(b)(2) by chemical formula, and analytical on SPF selection due to simplification combining the PCD claim in chemical tests to confirm the quality of the PCD in proposed § 352.52(e)(1) § 352.52(e)(1) of this document with and purity of the ingredient. These and deletion of the Recommended either the phrase ‘‘protection against monographs establish public standards Product Guide in proposed sunburn’’ or ‘‘protection against for the strength, quality, purity, and § 352.52(e)(4) (see section II.L, sunburn and tanning.’’ Based upon packaging of ingredients and drug comments 49 and 50 of this document), current information, the agency believes products available in the United States. and (3) deleting the quantitative claims that the terms proposed in the tentative In the Federal Register of June 8, (i.e., ‘‘up to (insert SPF of product up to final monograph could send the wrong 1994, FDA deleted digalloyl trioleate, 30) times’’) and terms such as ‘‘screens,’’ message relative to the dangers of even ethyl 4-[bis(hydroxypropyl)] ‘‘shields,’’ etc., concerning sunburn suberythemal UV radiation exposure aminobenzoate, glyceryl aminobenzoate, protection throughout proposed and give consumers a false sense of lawsone with dihydroxyacetone, and § 352.52(b) (see section II.I, comment 37 security concerning sun exposure and red petrolatum from the tentative final of this document). sunscreen use. The agency has reduced monograph due to the lack of interest in 3. The tentative final monograph and simplified the other optional, establishing USP compendial allowed reduced labeling directions on additional indications in proposed monographs for these ingredients. sunscreen products if formulated as a § 352.52(b)(2) to reflect a modified, Lawsone with dihydroxyacetone make-up preparation, lipstick, lip balm, simpler, combined version of the PCD in subsequently remained under agency or skin preparation and labeled with proposed § 352.52(e)(1) (see section II.L, consideration due to increased interest claims relating only to the prevention of comment 49 of this document) and the by manufacturers in establishing a ‘‘lip damage,’’ ‘‘freckling,’’ or ‘‘uneven ‘‘Recommended Product Guide’’ in compendial monograph. Of the 18 coloration.’’ Because there is no proposed § 352.52(e)(4) (see section II.L, remaining sunscreen active ingredients convincing evidence that SPF testing comment 50 of this document). Because under consideration in the tentative predicts protection from anything but the agency has deleted reference to use final monograph (58 FR 28194 at 28295, sunburn (see section II.I, comment 36 of of the term ‘‘Sunblock’’ in proposed amended at 61 FR 48645 and 63 FR this document), the agency is not section § 352.52(e)(5) (see section II.L, 56584), 16 (aminobenzoic acid, including proposed § 352.52(b)(1)(v), comment 52 of this document), it has avobenzone, cinoxate, dioxybenzone, (b)(1)(vi), (d)(4), and (d)(5) in this deleted reference to ‘‘Reflects the homosalate, menthyl anthranilate, document. The agency will consider burning rays of the sun’’ in proposed octocrylene, octyl methoxycinnamate, including such claims in the monograph § 352.52(b)(3) for the same reasons. octyl salicylate, oxybenzone, padimate when specific supportive data are 6. Several comments requested O, phenylbenzimidazole sulfonic acid, provided or a specific clinically relevant labeling exemptions or flexibility for sulisobenzone, titanium dioxide, final formulation test is developed. packages that are too small to trolamine salicylate, and zinc oxide) 4. Numerous comments requested accommodate all required information. currently have compendial monographs. deletion of the dual SPF testing of water Some comments specifically requested Two (diethanolamine resistant products in proposed flexible labeling for products based methoxycinnamate and lawsone with § 352.50(b)(2) and (c)(2). The agency upon their intended use, such as dihydroxyacetone) do not have a current agrees with the comments (see section lipsticks and lip balms. or proposed compendial monograph. II.H, comment 32 of this document) and As discussed in the final rule The agency is including in § 352.10 of has revised proposed §§ 352.50(b)(2) establishing standardized format and this document the 16 sunscreen active and (c)(2) and 352.76 to require only the content requirements for the labeling of ingredients that currently have a SPF value after water resistant testing. OTC drug products (64 FR 13254 at compendial monograph. The agency is Further, the agency has modified and 13267 to 13268 and 13289), the agency reserving the appropriate paragraphs in made optional the reapplication has established specifications for small proposed § 352.10 for the two active directions in proposed §§ 352.52(d)(1) packages in § 201.66(d)(10). The agency ingredients without compendial and (d)(2) (see section II.K, comment 48 also stated in the final labeling rule that monographs in case a monograph is of this document). These changes to it will consider additional approaches developed for either ingredient. proposed § 352.52(d) provide flexibility for accommodating certain small- Dihydroxyacetone has been proposed by allowing manufacturers to expand on package products in their respective for a compendial monograph, but none reapplication information necessary for OTC drug monograph proceedings. has been proposed for lawsone. Because specific sunscreen formulations and by The agency considers the required these two active ingredients are used in equalizing requirements between OTC drug labeling information essential conjunction, lawsone must have a products with and without water for the safe and effective use of these compendial monograph in order for resistance claims and between products and important to consumers lawsone with dihydroxyacetone to be sunscreen drug and drug-cosmetic for selection of an appropriate product. included in the sunscreen final products. Thus, the water resistance Nevertheless, the agency agrees that monograph. labeling in § 352.52(b)(1)(ii) and excessive labeling requirements may 2. The agency has revised proposed (b)(1)(iii) of this document should also discourage manufacturers from § 352.52(b) in response to comments serve as a directive for reapplication of marketing certain products, such as requesting reduction, streamlining, and the product. In summary, for products lipsticks or lip balms containing flexibility of sunscreen labeling and in making water and/or sweat resistance sunscreens, which provide significant accordance with new data reviewed by claims, the agency has modified and public health benefit. the agency (see section II.I of this combined water resistance statements In this OTC drug rulemaking, the document). The agency has revised formerly in proposed § 352.52(e)(2), agency has included several proposed § 352.52(b)(1) by: (1) Deleting (e)(3), (d)(1), and (d)(2) into accommodations for products such as

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 27682 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations lipsticks (and lip balms, which will be § 310.545(a)(29), or that is not in 13. Pharmacopeial Forum, United States addressed in the final monograph on conformance with the monograph (21 Pharmacopeial Convention, Inc., Rockville, OTC skin protectant drug products), CFR part 352), may be considered a new MD, 22(4):2635–2636, July through August taking into consideration the intended drug within the meaning of section 1996. 14. Pharmacopeial Forum, United States uses of these products, the limited areas 201(p) of the act and misbranded under Pharmacopeial Convention, Inc., Rockville, to which these products are applied, section 502 of the act. Such a drug MD, 24(4):6547–6548, July through August and the overall safety profile of these product cannot be marketed for OTC 1998. products, and other factors described in sunscreen use unless it is the subject of 15. Comment No. C00406, Docket No. the final OTC labeling rule (64 FR 13254 an approved application under section 78N–0038, Dockets Management Branch. at 13270). The agency is including 505 of the act (21 U.S.C. 355) and 21 16. Comment No. C00404, Docket No. § 352.52(f) in this document to provide CFR part 314 of the regulations. An 78N–0038, Dockets Management Branch. for labeling modifications for sunscreen appropriate citizen petition to amend 17. Kligman, L. H., and A. M. Kligman, products that meet the small package ‘‘Ultraviolet Radiation-Induced Skin Aging,’’ the monograph may also be submitted in Sunscreens: Development, Evaluation, and specifications in § 201.66(d)(10) and are in accord with 21 CFR 10.30 and Regulatory Aspects, Lowe, N. J., N. A. labeled for use on specific small areas § 330.10(a)(12)(i). The agency will Shaath, and M. A. Pathak, eds., Marcel of the face (e.g., lips, nose, ears, and/or address sunscreen active ingredients Dekker, Inc., New York, pp. 117–137, 1997. around eyes). that have foreign marketing experience 18. Lavker, R., and K. Kaidbey, ‘‘The 7. The agency has revised §§ 700.35 and data at a future time. Any OTC Spectral Dependence for UVA-Induced and 740.19 (21 CFR 700.35 and 740.19) sunscreen drug product initially Cumulative Damage in Human Skin,’’ The in response to comments requesting introduced or initially delivered for Journal of Investigative Dermatology, 108:17– clarification on whether certain 21, 1997. introduction into interstate commerce 19. Fisher, G. J. et al., ‘‘Pathophysiology of products will be subject to regulation as after the effective date of the final rule drugs (see section II.B, comments 8 Premature Skin Aging Induced by Ultraviolet for § 310.545(a)(29) or this document Light,’’ The New England Journal of through 11 of this document). Section that is not in compliance with the Medicine, 337:1419–1428, 1997. 700.35 has been revised to make clear regulations is subject to regulatory 20. Lowe, N. J. et al., ‘‘Low Doses of that, generally, products that make sun action. Repetitive Ultraviolet A Induce Morphologic protection claims, whether express or Changes in Human Skin,’’ Journal of the implied, are subject to regulation as VI. References American Academy of Dermatology, drugs. Only those products that contain The following references are on 105:739–743, 1995. a sunscreen ingredient solely for a display in the Dockets Management 21. Comment No. C00282, Docket No. nontherapeutic, nonphysiologic use Branch (address above) and may be seen 78N–0038, Dockets Management Branch. 22. Comment No. C00365, Docket No. (e.g., as a color additive, or to protect by interested persons between 9 a.m. the color of the product such as in a nail 78N–0038, Dockets Management Branch. and 4 p.m., Monday through Friday. 23. Comment No. C00531, Docket No. polish or hair coloring product) (see 58 1. Comment No. CP1, Docket No. 78N– 78N–0038, Dockets Management Branch. FR at 28205), and which include a 0038, Dockets Management Branch. 24. Comment No. C00128, Docket No. labeling statement that accurately 2. Comment No. CP2, Docket No. 78N– 78N–0038, Dockets Management Branch. describes that use, may be marketed as 0038, Dockets Management Branch. 25. Comment No. SUP16, Docket No. 78N– 3. Comment No. CP3, Docket No. 78N– cosmetic products. Section 740.19 has 0038, Dockets Management Branch. 0038, Dockets Management Branch. 26. Thompson, S. C., J. D. Jolley, and R. been revised to make clear that the term 4. Comment No. CP7, Docket No. 78N– Marks, ‘‘Reduction of Solar Keratoses by ‘‘suntanning preparations’’ does not 0038, Dockets Management Branch. Regular Sunscreen Use,’’ The New England include products intended to provide 5. Comite de Liaison des Associations sun protection or otherwise to affect the Europeenes de L’Industrie de la Parfumerie, Journal of Medicine, 329:1147–1151, 1993. structure or any function of the body. des Produits Cosmetiques et de Toilette 27. Marks, R. et al., ‘‘Spontaneous Remission of Solar Keratoses: The Case for Suntanning preparations include gels, (COLIPA), SPF Test Method (Draft), The Recommendations of the COLIPA Task Force Conservative Management,’’ British Journal creams, liquids, and other topical of Dermatology, 115:649–654, 1986. products that are intended to provide ‘‘Sun Protection Measurement,’’ December 1992 in Comment No. C00365, Docket No. 28. Marks, R., and G. Rennie, ‘‘Malignant cosmetic effects on the skin while 78N–0038, Dockets Management Branch. Transformation of Solar Keratoses to tanning through exposure to UV 6. Peak, M. J., and J. C. van der Leun, Squamous Cell Carcinoma,’’ The Lancet, radiation (e.g., moisturizing or ‘‘Boundary Between UVA and UVB,’’ in 795–796, 1988. conditioning), or that are intended to Frontiers of Photobiology, edited by A. Shima 29. Kornhauser, A., W. G. Wamer, and L. give the appearance of a tan by et al., Excerpta Medica, Amsterdam, pp. 425– A. Lambert, ‘‘Cellular and Molecular Events imparting color through the application 427, 1993. Following Ultraviolet Irradiation of Skin,’’ in of approved color additives (e.g., 7. Comment No. LET 135, Docket 78N– Dermatotoxicology, F. N. Marzulli and H. I. 0038, Dockets Management Branch. Maibach, eds., Taylor & Francis, Washington, dihydroxyacetone) without the need for pp. 189–220, 1996. exposure to UV radiation (i.e., sunless 8. Dunkel, V.C. et al., ‘‘Evaluation of the Mutagenicity of an N-Nitroso Contaminant of 30. Kraemer, K. H., ‘‘Sunlight and Skin tanning products). the Sunscreen Padimate O,’’ Environmental Cancer: Another Link Revealed,’’ Proceeds of V. Conclusion and Molecular Mutagenesis, 20:188–198, the National Academy of Sciences U. S. A., 1992. 94:11–14, 1997. The agency is issuing a final 9. Comment No. C00364, Docket No. 78N– 31. Hurks, H. M. H. et al., ‘‘In Situ Action monograph establishing conditions 0038, Dockets Management Branch. Spectra Suggest that DNA Damage Involved under which OTC sunscreen drug 10. Comments No. C00397 and SUP21, in Ultraviolet Radiation-Induced products are generally recognized as Docket No. 78N–0038, Dockets Management Immunosuppression in Humans,’’ safe and effective and not misbranded; Branch. Photochemistry and Photobiology, 66:76–81, 16 ingredients listed in § 352.10 are 11. Fairhurst, D., and M. Mitchnick, 1997. 32. Burren, R. et al., ‘‘Sunlight and currently a monograph condition. Any ‘‘Particulate Sun Blocks: General Principles,’’ in Sunscreens: Development, Evaluation, and Carcinogenesis: Expression of p53 and drug product labeled, represented, or Regulatory Aspects, Marcel Dekker, Inc., New Pyrimidine Dimers in Human Skin Following promoted for use as an OTC sunscreen York, pp. 313–352, 1997. UVA I, UVA I + II and Solar Simulating drug that contains any of the 12. Comment No. TR3, Docket No. 78N– Radiation,’’ International Journal of Cancer, nonmonograph ingredients listed in 0038, Dockets Management Branch. 76:201–206, 1998.

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33. Hersey, P. et al., ‘‘Analysis of the Effect Executive Order 12866 directs agencies cannot quantify the overall expected of a Sunscreen Agent on the Suppression of to assess all costs and benefits of benefits, each provision of the rule will Natural Killer Cell Activity Induced in available regulatory alternatives and, support the ability of consumers to take Human Subjects by Radiation from Solarium when regulation is necessary, to select desired protective actions. Monograph Lamps,’’ The Journal of Investigative Dermatology, 88:271–276, 1987. regulatory approaches that maximize ingredients have been proven safe and 34. Van Prague, M. C. G. et al., ‘‘Effect of net benefits (including potential effective assuring the quality of Topical Sunscreens on the UV-Radiation- economic, environmental, public health sunscreen products. This benefits Induced Suppression of the Alloactivating and safety, and other advantages; consumers because it ensures that the Capacity in Human Skin In Vivo,’’ The distributive impacts; and equity). The product will provide ingredients that Journal of Investigative Dermatology, 97:629– agency believes that this final rule is safely protect against sunburn. The new 633, 1991. consistent with the principles identified product labeling will better inform 35. Miyagi, T., A. M. Bhutto, and S. in Executive Order 12866. OMB has consumers about the sunburn protection Nonaka, ‘‘The Effects of Sunscreens on UVB determined that the final rule is a Erythema and Langerhans Cell Depression,’’ provided by the products; and if The Journal of Investigative Dermatology, significant regulatory action as defined manufacturers choose to include the 21:645–651, 1994. by the Executive Order and so is subject optional ‘‘Sun alert’’ labeling statement, 36. Seite, S. et al., ‘‘Effects of Repeated to review. Under the Regulatory the product labeling can reference that Suberythemal Doses of UVA in Human Flexibility Act, if a rule has a significant the use of sunscreens may reduce the Skin,’’ European Journal of Dermatology, economic impact on a substantial risk of skin aging, skin cancer, and other 7:204–209, 1997. number of small entities, an agency harmful effects of the sun. These 37. Lavker, R. M. et al., ‘‘Cumulative must analyze regulatory options that labeling requirements, in conjunction Effects from Repeated Exposures to would minimize any significant impact with the format requirements of the Suberythemal Doses of UVB and UVA in of the rule on small entities. Title II of Human Skin,’’ Journal of the American OTC uniform labeling rule (64 FR Academy of Dermatology, 32:53–62, 1995. the Unfunded Mandates Reform Act 13254) will provide clearer and more 38. Baadsgaard, O., ‘‘In Vivo Ultraviolet requires that agencies prepare a written concise information that will benefit Irradiation of Human Skin Results in assessment of anticipated costs and consumers in at least four ways: (1) Profound Perturbation of the Immune benefits before proposing any rule that They will increase understanding System,’’ Archives of Dermatology, 127:99– may result in an expenditure in any 1 regarding the selection of sunscreen 109, 1991. year by State, local, and tribal drug products, (2) they will make 39. Marks, R., ‘‘Reduction of Actinic governments, in the aggregate, or by the Keratoses by Sunscreens,’’ in Sunscreens: product comparison easier, (3) they will private sector, of $100 million (adjusted enhance the ability to make informed Development, Evaluation, and Regulatory annually for inflation) (2 U.S.C. 1532). Aspects, Lowe, N. J., N. A. Shaath, and M. decisions regarding product purchases A. Pathak, eds., Marcel Dekker, Inc., New Because the rule may have a and proper use, and (4) they will make York, pp. 189–198, 1997. significant economic impact on a it easier to distinguish between 40. Dial, W. F., ‘‘Mouse Study Creates substantial number of small entities, sunscreen drug products that contain Controversy Over the Use of Sunscreens,’’ this section of the preamble constitutes sunscreens and suntanning products Cosmetic Dermatology, 7:47–48, 1994. the agency’s Final Regulatory Flexibility that do not. Finally, the new 41. Goldsmith, L., et al., ‘‘Proceedings from Analysis. Because the rule does not requirements for product testing will the National Conference to Develop a impose any mandates on State, local, or National Skin Cancer Agenda,’’ Journal of the assure the accuracy of the SPF value on tribal governments, or the private sector, the product label. By improving the American Academy of Dermatology, 34:822– that will result in an expenditure in any 23, 1996. accuracy of these ratings, this 1 year of $100 million or more, FDA is 42. Standards Australia/Standards New requirement will provide further not required to perform a cost-benefit Zealand, ‘‘Sunscreen Products—Evaluation assurance that consumers receive analysis according to the Unfunded and Classification,’’ AS/NZS 2604, 1993. adequate sunburn protection. 43. Beissart, S. and R. D. Granstein, ‘‘UV- Mandates Reform Act. Induced Cutaneous Photobiology,’’ Critical An analysis of the costs and benefits The rule will require all Reviews in Biochemistry and Molecular of this regulation, conducted under manufacturers and distributors (or their Biology, 31:381–404, 1995. Executive Order 12291, was discussed agents) to relabel their OTC sunscreen 44. Sayre, R. et al., ‘‘Physical Sunscreens,’’ in the tentative final monograph for drug products to comply with the Journal of the Society of Cosmetic Chemists, OTC sunscreen drug products (58 FR monograph language. The labeling of 41:103–109, 1990. 28194 at 28294). The agency received certain suntanning products that do not 45. Comment No. CP8, Docket No. 78N– contain sunscreens will need to include 0038, Dockets Management Branch. only one response to the specific request 46. Comment No. LET166, Docket No. for data and comment on the economic the new required warning statement. In 78N–0038, Dockets Management Branch. impact of this rulemaking. This some cases, the labeling of cosmetics 47. Food and Drug Administration, comment discussed the costs that would containing sunscreens for ‘‘Supplement to the Economic Impact result from proposed changes in nontherapeutic, nonphysiologic uses Analysis of the Sunscreen Drug Products for sunscreen product labeling and testing (e.g., to protect hair from sun damage) Over-the-Counter Human Use; Final methods. The agency’s review of this will need to describe the cosmetic role Monograph,’’ in OTC Vol. 06FR, Docket No. comment is included as follows. of the sunscreen ingredient(s). The SPF 78N–0038, Dockets Management Branch. of some OTC sunscreen drug products 48. Eastern Research Group, Inc., ‘‘Over- A. Background the-Counter Drug Reformulation Changes,’’ in may need to be retested using the OTC Vol. 06FR, Docket No. 78N–0038, The purpose of this document is to method described in the final Dockets Management Branch. establish conditions under which OTC monograph. In addition, only products sunscreen drug products are generally containing the active ingredients VII. Analysis of Impacts recognized as safe, effective, and not included in this final rule will be FDA has examined the impacts of this misbranded. The document sets specific generally recognized as safe, effective, final rule under Executive Order 12866, requirements for appropriate and not misbranded. Of the 18 active the Regulatory Flexibility Act (5 U.S.C. monograph ingredients, labeling format ingredients under consideration in the 601–612), and the Unfunded Mandates and content, and SPF value and water proposed rule, 16 currently have the Reform Act (2 U.S.C. 1501 et seq.). resistant testing. Although the agency required USP/N.F. compendial

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 27684 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations monographs. The USP has not received already accounted for in the agency’s the agency assumes that half would be applications for the remaining two analysis of its OTC drug product redesigned every 3 years and half every ingredients. If either of these active labeling rule. That is, the agency’s 6 years. Because the required labeling ingredients are not included in the USP economic analysis of that rule excluded for OTC sunscreen drug products now and added to the monograph by May 21, redesign costs for all OTC drug products includes fewer words than the previous 2001, products containing these not marketed under current NDA’s or language and the final rule contains a ingredients would need to be current final monographs, explaining number of labeling modifications for reformulated to replace the that the agency would attribute all products used on small areas of the face nonmonograph ingredient with a redesign costs associated with future (which are usually marketed in small monograph ingredient, or the product final monographs to each final size packages), this rule is not expected must be removed from the market. monograph rule as it published. All to require manufacturers to increase the B. Number of Products Affected redesign costs for this final sunscreen package size or available labeling space. monograph therefore are attributed to (Although costs of redesigning labels for Based on data from FDA’s Drug this rule alone. future final monographs were excluded Listing System, the agency estimates Approximately 12,000 sunscreen drug from FDA’s analysis of its OTC drug that there are approximately 2,800 OTC SKU’s will have to be relabeled within product labeling rule, costs for sunscreen drug products (different a 2-year implementation period to increased package sizes were considered formulations, not including products comply with the labeling requirements in the analysis of impacts for that that differ only by color) and about of this final rule. In addition, regulation (64 FR 13254 at 13283)). 12,000 individual stockkeeping units approximately 550 suntanning SKU’s FDA estimated the cost of redesign by (SKU’s) (individual products, packages, will have to be relabeled within a 12- counting only the value of the label- and sizes). All of the SKU’s will need to month implementation period. (As years that would be lost, after adjusting be relabeled, some will require new SPF noted previously, FDA could not for the length of the traditional labeling testing, and those products lacking estimate the number of cosmetic cycle. The regulatory cost was approved active ingredients will need to products that contain a sunscreen for a calculated as the product of the number be reformulated to stay on the market. In addition, certain suntanning nontherapeutic use and that include the of SKU’s, the number of years of products and certain cosmetic products word ‘‘sunscreen’’ or similar terms in labeling life lost, and the value of each containing sunscreens will have to be product labeling. The agency believes, year of labeling life lost (see 64 FR 2 relabeled. As FDA’s Drug Listing System however, the relabeling of this group of 13254 at 13278 through 13284). does not include suntanning products, cosmetic products will impose a Table 1 in section VIII.C of this the agency used 1995 data from A. C. minimal economic burden because document details FDA’s estimates of the Nielsen, a recognized provider of market some of these products already include distribution of relabeling costs resulting data, to estimate that approximately 550 the required labeling, and most from the final rule. A weighted average suntanning SKU’s will be affected by manufacturers revise these labels for cost to redesign a label of $5,210 per the labeling requirements of this rule. marketing considerations more SKU was used to calculate the New labels will also be needed for frequently than the allowed 2-year relabeling cost of sunscreen drug cosmetic products that contain a phase-in period. Therefore, the agency’s products, whereas a weighted average sunscreen for a nontherapeutic use and estimates do not include a cost for cost of $6,620 per SKU was used to that include the word ‘‘sunscreen’’ or relabeling those products that contain calculate the cost of relabeling similar terms in product labeling. The sunscreens for a nontherapeutic, suntanning products. A detailed agency is unable to identify the number nonphysiologic use.) description of the cost analysis is on file of these cosmetic products, but does not Frequent labeling redesigns are a with the Docket Management Branch believe that there are a large number of recognized cost of doing business in the (Ref. 47). As shown, the total SKU’s in this category. OTC drug industry, particularly for incremental cost to relabel the drug-cosmetic and seasonal products. approximately 12,000 sunscreen drug C. Cost to Relabel Thus, SKU’s with labels that would SKU’s is about $1.5 million, while the The relabeling costs for this rule will normally be redesigned within the cost to relabel the approximately 550 be moderated to the extent that implementation periods were assumed suntanning SKU’s was about $1.8 manufacturers coordinate labeling to incur no additional costs. The cost for million. The greater per SKU cost for changes for the final sunscreen the remaining SKU’s was calculated as relabeling suntanning products reflects monograph with labeling changes the lost value of the remaining life-years the shorter, 12-month, phase-in period. required by the recent rule establishing of the existing label design. FDA With a shorter phase-in period, uniform format and content for OTC estimates that labeling for the majority manufacturers are less able to drug product labeling (64 FR 13254). (90 percent) of the SKU’s affected by incorporate labeling changes into These costs are not discussed in this this final rule are redesigned at least voluntary redesign cycles and, therefore, analysis, however, because they are every 2 years. Of the remaining SKU’s, lose label inventory.

TABLE 1.ÐONE-TIME COST TO RELABEL SUNSCREEN AND SUNTANNING SKU'S ($)

Type of Product Size of Company Drug Suntanning Total Cost

Small1 649,283 1,128,700 1,777,983

2 Mathematically the following formula was used where: Nx = number of SKU’s with labeling life of x to calculate the incremental relabeling costs: x = life of labeling in years (2, 3, or 6) years, and Σ Costyx = j NxAx(1/x), where j = 1 to (x-y) y = phase-in period in years Ax = amortized annual value of labeling with a Total Costy = Costy6 + Costy3 + Costy2 life of x years.

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TABLE 1.ÐONE-TIME COST TO RELABEL SUNSCREEN AND SUNTANNING SKU'S ($)ÐContinued

Type of Product Size of Company Drug Suntanning Total Cost

Large 860,677 691,800 1,552,477 Total Cost 1,509,960 1,820,500 3,330,460 1 See section VII.G of this document.

The one comment that raised not been tested using the monograph resistant or very water resistant) and economic issues in response to the SPF test method. However, the SPF test SPF factor tested, and ranges from tentative final monograph expressed method in this document is essentially $2,500 to $6,500. On the assumption concern about available labeling space the same as the method described in the that 50 percent of the traditional on small packages of sunscreen drug proposed rule. If manufacturers have sunscreen drug products, and none of products. The comment stated that all added new products, made formulation the make-up type sunscreen products, text needs to be concise. The agency changes, or otherwise needed to test or make water resistant claims, and 50 considered this comment in developing retest the SPF of their products since percent of the products that make water the final rule, which contains specific 1993, they would probably have used resistant claims make very water labeling modifications for small the most current (i.e., the proposed) test resistant claims, the estimated weighted packages and for sunscreen products method. Therefore, the agency estimates average cost of the SPF test is $3,514. used on small areas of the face (e.g., that from 15 to 30 percent of the FDA estimates the total cost of this lips, nose, ears, and/or around the eyes). sunscreen drug products will require requirement, therefore, to range from D. Cost to Retest SPF retesting as a result of this document. $3.1 million to $6.1 millions (see the FDA is uncertain about the number of The cost of the SPF test varies, following Table 2). OTC sunscreen drug products that have depending on the product claim (water

TABLE 2.ÐONE-TIME COST TO RETEST SPF ASSUMING 15 PERCENT OR 30 PERCENT COMPLIANCE RATES ($)

15 Percent Non-compli- 30 Percent Non-compli- Size of Company ance ance

Small 1,300,000 2,600,000 Large 1,800,000 3,500,000 Total Cost 3,100,000 6,100,000

E. Cost to Reformulate Because OTC sunscreen drug products completed for the one ingredient in are well characterized topical these two products or if the two Reformulation costs will depend on formulations, FDA estimates the cost to products are removed from the market, the number of products, if any, that will reformulate at about $350,000 per the cost of reformulation would be have no active ingredients with product. Thus, on the assumption that eliminated. completed USP compendial the manufacturer reformulates rather G. Small Business Impact monographs by the end of the than removes the products from the implementation period. At the present market, the one-time cost of Based on the analysis of FDA’s drug time, only two of the active ingredients reformulation for two products would listing system and other data described being considered do not have a USP be $700,000. previously, there are about 180 domestic monograph. According to the agency’s companies that manufacture OTC drug listing system, two products, F. Total Incremental Costs sunscreen and suntanning products. manufactured by one company contain The estimated total one-time Distributors were not assigned costs one of these ingredients. The agency is incremental cost of this rule, using the because manufacturers of OTC drug not currently aware of other products in midpoint of the cost range for retesting products are usually responsible for the marketplace that contain these two and reformulation is $8.6 million (see product labeling, testing, and ingredients. Table 3 of this document). These formulation. Approximately 78 percent The cost to reformulate a product estimates are based on 16 of the 18 of these firms meet the Small Business varies by the nature of the active sunscreen ingredients under Administration’s definition of a small reformulation, the type of product, and consideration having USP compendial entity for this industry (less than 750 the size and complexity of the company. monographs. If a USP monograph is employees).

TABLE 3.ÐTOTAL INCREMENTAL COST TO INDUSTRY ($)

Relabel Products Size of Company Retest SPF1 Reformulation2 Total Drug Suntanning

Small 670,000 1,100,000 2,000,000 n/a n/a Large 840,000 700,000 2,600,000 n/a n/a

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TABLE 3.ÐTOTAL INCREMENTAL COST TO INDUSTRY ($)ÐContinued

Relabel Products Size of Company Retest SPF1 Reformulation2 Total Drug Suntanning

Total Cost 1,510,000 1,800,000 4,600,000 700,000 8,610,000 1 Assumes 22.5 percent noncompliance (midpoint of range) 2 Assumes 2 products would require reformulation

The rule will require manufacturers of arrangements to comply with the and product retesting to be completed. sunscreens to relabel their products. paperwork and other requirements of The agency found that the savings to Some firms will need to retest the SPF this rule. industry of delayed implementation of these products, and one firm may (estimated to be about $845,000) were H. Analysis of Alternatives have to reformulate or remove two not great enough to justify delaying products from the market. Because of The agency altered several proposed appropriate use and safety information the 2-year implementation period, most regulatory provisions to reduce the to consumers of OTC sunscreen drug firms will be able to relabel during a economic burden of this rule on products. normal relabeling cycle, at no additional industry. For example, FDA decreased Finally, the agency is providing a 12- cost. FDA cannot estimate with the amount of required labeling and month implementation period for certainty the number of small firms that provided small package certain suntanning preparations to add will need to retest or reformulate their accommodations for certain products. new warning information. For this OTC sunscreen products, but projects The labeling required by the proposed category, consumers may believe that that from 15 to 30 percent of all rule would have increased the needed these products are providing sun products may need to be retested and label and/or package size for as many as protection when, in fact, they do not. that 2 products may need to be 90 percent of the sunscreen products. They may forego using other products reformulated. Costs will vary by firm, Such size adjustments could have that have been demonstrated to be depending on the type and number of imposed estimated additional one-time effective in providing sun protection, products requiring relabeling, retesting, relabeling costs of $18 million and believing that their tanning product and reformulation. The firm-specific annually recurring costs of $22 million provides some measure of protection. impact may vary inversely with the (see Eastern Research Group, ‘‘Cost Because the new warning for volume of product sales, however, Impacts of the Over-the-Counter suntanning preparations presents an because per unit costs will be lower for Pharmaceutical Labeling Rule’’ (Ref. important safety issue that needs to be products with high volume sales. Thus, 48)). Also, in response to the comment conveyed to consumers at the earliest the relative economic impact of product (see section II.H, comment 32 of this possible date, the agency considered retesting or relabeling may be greater for document), the agency has reconsidered requiring a 6-month implementation small firms than for large firms. its position on SPF testing of water period for these products. However, Because of the 2-year phase-in period resistant and very water resistant given the seasonal nature of these allowed for sunscreen drug and drug- products and eliminated the static test products, the agency was concerned that cosmetic products, which allows requirement for these products. As the some manufacturers may not have manufacturers the flexibility to average cost of the static test is sufficient time to incorporate the incorporate regulatory changes with approximately $2,800, the estimated labeling change without disrupting their voluntary/market-driven changes, the savings to industry due to the production schedules. By providing an economic impact of the relabeling elimination of this test is about additional 6 months to implement the requirement is relatively low $750,000. change, compliance costs were reduced (approximately $3.3 million). However, The agency also considered a number by $1.8 million. for those small companies that may of implementation alternatives to this have to relabel a substantial number of final rule. Generally, the agency allows VIII. Paperwork Reduction Act of 1995 products, the out-of-pocket costs could only a 1-year implementation period for FDA concludes that the labeling be significant. final monographs. However, because requirements in this document are not Also, the cost to a small company most sunscreen products are produced subject to review by the Office of needing to reformulate a product, seasonally, the 2-year period will Management and Budget because they estimated at approximately $350,000 substantially enhance the ability of the do not constitute a ‘‘collection of would be significant. This impact may industry to relabel and reformulate its information’’ under the Paperwork be moderated by other options available, products, if necessary, and sell its Reduction Act of 1995 (44 U.S.C. 3501 which may be more cost effective than existing product inventories. The 2-year et seq.). Rather, the labeling statements reformulation. For example, a period will also allow sunscreen are a ‘‘public disclosure of information manufacturer may be able to substitute manufacturers to coordinate the originally supplied by the Federal other formulations, shift production to a required labeling changes with routine government to the recipient for the contract manufacturer with an approved industry-initiated labeling changes and purpose of disclosure to the public’’ (5 formulation, or temporarily remove the changes required by the new OTC drug CFR 1320.3(c)(2)). product from the market and await the product labeling final rule (64 FR completion of a USP compendial 13254). IX. Environmental Impact monograph for the ingredient. Because A 3-year implementation period for The agency has determined that under the OTC drug industry is highly sunscreen drug products was 21 CFR 25.31(c) this action is of a type regulated, all firms are expected to have considered, but the agency determined that does not individually or access to the necessary professional that a 2-year period provides sufficient cumulatively have a significant effect on skills on staff or to make contractual time to allow the required relabeling the human environment. Therefore,

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27687 neither an environmental assessment PART 352ÐSUNSCREEN DRUG (2) Moderate sun protection product. nor an environmental impact statement PRODUCTS FOR OVER-THE- A sunscreen product that provides an is required. COUNTER HUMAN USE SPF value of 12 to under 30. (3) High sun protection product. A List of Subjects Subpart AÐGeneral Provisions sunscreen product that provides an SPF 21 CFR Part 310 value of 30 or above. Sec. (c) Sunscreen active ingredient. An Administrative practice and 352.1 Scope. 352.3 Definitions. active ingredient listed in § 352.10 that procedure, Drugs, Labeling, Medical absorbs, reflects, or scatters radiation in devices, Reporting and recordkeeping the UV range at wavelengths from 290 requirements. Subpart BÐActive Ingredients to 400 nanometers. (d) Sun protection factor (SPF) value. 21 CFR Part 352 352.10 Sunscreen active ingredients. 352.20 Permitted combinations of active The UV energy required to produce an Labeling, Over-the-counter drugs. ingredients. MED on protected skin divided by the UV energy required to produce an MED 21 CFR Part 700 Subpart CÐLabeling on unprotected skin, which may also be Cosmetics, Packaging and containers. defined by the following ratio: SPF 352.50 Principal display panel of all value = MED (protected skin (PS))/MED 21 CFR Part 740 sunscreen drug products. (unprotected skin (US)), where MED 352.52 Labeling of sunscreen drug (PS) is the minimal erythema dose for Cosmetics, Labeling. products. protected skin after application of 2 Therefore, under the Federal Food, 352.60 Labeling of permitted combinations of active ingredients. milligrams per square centimeter of the Drug, and Cosmetic Act, and under final formulation of the sunscreen authority delegated to the Commissioner product, and MED (US) is the minimal Subpart DÐTesting Procedures of Food and Drugs, 21 CFR part 352 is erythema dose for unprotected skin, i.e., added and 21 CFR parts 310, 700, and 352.70 Standard sunscreen. skin to which no sunscreen product has 740 are amended as follows: 352.71 Light source (solar simulator). been applied. In effect, the SPF value is 352.72 General testing procedures. the reciprocal of the effective PART 310ÐNEW DRUGS 352.73 Determination of SPF value. transmission of the product viewed as a 352.76 Determination if a product is water UV radiation filter. 1. The authority citation for 21 CFR resistant or very water resistant. part 310 continues to read as follows: 352.77 Test modifications. Subpart BÐActive Ingredients Authority: 21 U.S.C. 321, 331, 351, 352, Authority: 21 U.S.C. 321, 351, 352, 353, § 352.10 Sunscreen active ingredients. 353, 355, 360b–360f, 360j, 361(a), 371, 374, 355, 360, 371. 375, 379e; 42 U.S.C. 216, 241, 242(a), 262, The active ingredient of the product 263b–263n. Subpart AÐGeneral Provisions consists of any of the following, within the concentration specified for each 2. Section 310.545 is amended by § 352.1 Scope. ingredient, and the finished product adding paragraph (a)(29), by revising (a) An over-the-counter sunscreen provides a minimum SPF value of not paragraph (d) introductory text, by drug product in a form suitable for less than 2 as measured by the testing adding and reserving paragraph (d)(30), topical administration is generally procedures established in subpart D of and by adding paragraph (d)(31) to read recognized as safe and effective and is this part: as follows: not misbranded if it meets each (a) Aminobenzoic acid (PABA) up to condition in this part and each general 15 percent. § 310.545 Drug products containing condition established in § 330.1 of this (b) Avobenzone up to 3 percent. certain active ingredients offered over-the- chapter. (c) Cinoxate up to 3 percent. counter (OTC) for certain uses. (b) References in this part to (d) [Reserved]. (a) * * * regulatory sections of the Code of (e) Dioxybenzone up to 3 percent. (f) Homosalate up to 15 percent. (29) Sunscreen drug products. Federal Regulations are to Chapter I of Title 21 unless otherwise noted. (g) [Reserved]. Diethanolamine methoxycinnamate (h) Menthyl anthranilate up to 5 Digalloyl trioleate § 352.3 Definitions. percent. Ethyl 4-[bis(hydroxypropyl)] aminobenzoate (i) Octocrylene up to 10 percent. Glyceryl aminobenzoate As used in this part: (a) Minimal erythema dose (MED). (j) Octyl methoxycinnamate up to 7.5 Lawsone with dihydroxyacetone percent. Red petrolatum The quantity of erythema-effective energy (expressed as Joules per square (k) Octyl salicylate up to 5 percent. * * * * * meter) required to produce the first (l) Oxybenzone up to 6 percent. (m) Padimate O up to 8 percent. (d) Any OTC drug product that is not perceptible, redness reaction with (n) Phenylbenzimidazole sulfonic in compliance with this section is clearly defined borders. acid up to 4 percent. subject to regulatory action if initially (b) Product category designation (o) Sulisobenzone up to 10 percent. introduced or initially delivered for (PCD). A labeling designation for introduction into interstate commerce (p) Titanium dioxide up to 25 percent. sunscreen drug products to aid in (q) Trolamine salicylate up to 12 after the dates specified in paragraphs selecting the type of product best suited percent. (d)(1) through (d)(31) of this section. to an individual’s complexion (r) Zinc oxide up to 25 percent. * * * * * (pigmentation) and desired response to § 352.20 Permitted combinations of active (30) [Reserved] ultraviolet (UV) radiation. (1) Minimal sun protection product. A ingredients. (31) May 21, 2001 for products subject sunscreen product that provides a sun The SPF of any combination product to paragraph (a)(29) of this section. protection factor (SPF) value of 2 to is measured by the testing procedures 3. Part 352 is added to read as follows: under 12. established in subpart D of this part.

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(a) Combinations of sunscreen active sunscreen product testing procedures in ‘‘minimum’’) ‘‘protection against’’ ingredients. (1) Two or more sunscreen § 352.76).’’ (select one of the following: ‘‘sunburn’’ active ingredients identified in (c) For products that satisfy the very or ‘‘sunburn and tanning’’)], or ‘‘[bullet] § 352.10(a), (c), (e), (f), and (h) through water resistant sunscreen product for skin that sunburns minimally’’. (r) may be combined with each other in testing procedures in § 352.76. (1) (ii) For products that provide an SPF a single product when used in the ‘‘Very’’ (select one of the following: of 12 to under 30. Select one or both of concentrations established for each ‘‘Water,’’ ‘‘Water/Sweat,’’ or ‘‘Water/ the following: [‘‘[bullet]’’ (select one of ingredient in § 352.10. The Perspiration’’) ‘‘Resistant.’’ the following: ‘‘provides moderate’’ or concentration of each active ingredient (2) ‘‘SPF (insert SPF value of the ‘‘moderate’’) ‘‘protection against’’ (select must be sufficient to contribute a product, as stated in paragraph (a)(1) or one of the following: ‘‘sunburn’’ or minimum SPF of not less than 2 to the (a)(2) of this section, after it has been ‘‘sunburn and tanning’’)], or ‘‘[bullet] for finished product. The finished product tested using the very water resistant skin that sunburns easily’’. must have a minimum SPF of not less sunscreen product testing procedures in (iii) For products that provide an SPF than the number of sunscreen active § 352.76).’’ of 30 or above. Select one or both of the ingredients used in the combination following: [‘‘[bullet]’’ (select one of the § 352.52 Labeling of sunscreen drug following: ‘‘provides high’’ or ‘‘high’’) multiplied by 2. products. (2) Two or more sunscreen active ‘‘protection against’’ (select one of the ingredients identified in § 352.10(b), (c), (a) Statement of identity. The labeling following: ‘‘sunburn’’ or ‘‘sunburn and (e), (f), (i) through (l), (o), and (q) may of the product contains the established tanning’’)], or ‘‘[bullet] for skin highly be combined with each other in a single name of the drug, if any, and identifies sensitive to sunburn’’. product when used in the the product as a ‘‘sunscreen.’’ (c) Warnings. The labeling of the (b) Indications. The labeling of the concentrations established for each product contains the following warnings product states, under the heading ingredient in § 352.10. The under the heading ‘‘Warnings:’’ ‘‘Uses,’’ all of the phrases listed in concentration of each active ingredient (1) For products containing any paragraph (b)(1) of this section that are must be sufficient to contribute a ingredient in § 352.10. (i) ‘‘When using applicable to the product and may minimum SPF of not less than 2 to the this product [bullet] keep out of eyes. contain any of the additional phrases finished product. The finished product Rinse with water to remove.’’ listed in paragraph (b)(2) of this section, must have a minimum SPF of not less (ii) ‘‘Stop use and ask a doctor if as appropriate. Other truthful and than the number of sunscreen active [bullet] rash or irritation develops and nonmisleading statements, describing ingredients used in the combination lasts’’. only the uses that have been established multiplied by 2. (2) For products containing any (b) [Reserved]. and listed in this paragraph (b), may ingredient identified in § 352.10 (c) [Reserved]. also be used, as provided in § 330.1(c)(2) marketed as a lipstick. The external use of this chapter, subject to the provisions only warning in § 201.66(c)(5)(i) of this Subpart CÐLabeling of section 502 of the act relating to chapter and the warning in paragraph misbranding and the prohibition in (c)(1)(i) of this section are not required. § 352.50 Principal display panel of all section 301(d) of the act against the (d) Directions. The labeling of the sunscreen drug products. introduction or delivery for introduction product contains the following In addition to the statement of into interstate commerce of unapproved statements, as appropriate, under the identity required in § 352.52, the new drugs in violation of section 505(a) heading ‘‘Directions.’’ More detailed following labeling statements shall be of the act. directions applicable to a particular prominently placed on the principal (1) For products containing any product formulation (e.g., cream, gel, display panel: ingredient in § 352.10. (i) ‘‘[bullet]1 lotion, oil, spray, etc.) may also be (a) For products that do not satisfy the helps prevent sunburn [bullet] higher included. water resistant or very water resistant SPF gives more sunburn protection’’. (1) For products containing any sunscreen product testing procedures in (ii) For products that satisfy the water ingredient in § 352.10. (i) ‘‘[bullet] § 352.76. (1) For products with SPF resistant testing procedures identified in apply’’ (select one or more of the values up to 30. ‘‘SPF (insert tested SPF § 352.76. ‘‘[bullet] retains SPF after 40 following, as applicable: ‘‘liberally,’’ value of the product up to 30).’’ minutes of’’ (select one or more of the ‘‘generously,’’ ‘‘smoothly,’’ or ‘‘evenly’’) (2) For products with SPF values over following: ‘‘activity in the water,’’ ‘‘(insert appropriate time interval, if a 30. ‘‘SPF 30’’ (select one of the ‘‘sweating,’’ or ‘‘perspiring’’). waiting period is needed) before sun following: ‘‘plus’’ or ‘‘+’’). Any (iii) For products that satisfy the very exposure and as needed’’. statement accompanying the marketed water resistant testing procedures (ii) ‘‘[bullet] children under 6 months product that states a specific SPF value identified in § 352.76. ‘‘[bullet] retains of age: ask a doctor’’. above 30 or similar language indicating SPF after 80 minutes of’’ (select one or (2) In addition to the directions a person can stay in the sun more than more of the following: ‘‘activity in the provided in § 352.52(d)(1), the following 30 times longer than without sunscreen water,’’ ‘‘sweating,’’ or ‘‘perspiring’’). may be used for products containing will cause the product to be misbranded (2) Additional indications. In addition any ingredient in § 352.10. ‘‘[bullet] under section 502 of the Federal Food, to the indications provided in paragraph reapply as needed or after towel drying, Drug, and Cosmetic Act (the act). (b)(1) of this section, the following may swimming, or’’ (select one of the (b) For products that satisfy the water be used for products containing any following: ‘‘sweating’’ or ‘‘perspiring’’). resistant sunscreen product testing ingredient in § 352.10: (3) If the additional directions procedures in § 352.76. (1) (Select one of (i) For products that provide an SPF provided in § 352.52(d)(2) are used, the the following: ‘‘Water,’’ ‘‘Water/Sweat,’’ of 2 to under 12. Select one or both of phrase ‘‘and as needed’’ in or ‘‘Water/Perspiration’’) ‘‘Resistant.’’ the following: [‘‘[bullet]’’ (select one of § 352.52(d)(1) is not required. (2) ‘‘SPF (insert SPF value of the the following: ‘‘provides minimal,’’ (4) For products marketed as a product, as stated in paragraph (a)(1) or ‘‘provides minimum,’’ ‘‘minimal,’’ or lipstick. The directions in paragraphs (a)(2) of this section, after it has been (d)(1) and (d)(2) of this section are not tested using the water resistant 1 See § 201.66(b)(4) of this chapter. required.

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(e) Statement on product ‘‘Warnings’’ states: ‘‘Keep out of eyes.’’ (1) In addition, the labeling of the performance—(1) For products and ‘‘Stop use if skin rash occurs.’’ product may contain any of the ‘‘other containing any ingredient identified in (v) The warning in § 201.66(c)(5)(x) of allowable statements’’ that are identified § 352.10, the following PCD labeling this chapter may be limited to the in the applicable monographs. claims may be used under the heading following: ‘‘Keep out of reach of (2) For permitted combinations ‘‘Other information’’ or anywhere children.’’ containing a sunscreen and a skin outside of the ‘‘Drug Facts’’ box or (vi) For a lipstick, the warnings ‘‘Keep enclosure. out of eyes’’ in § 352.52(f)(1)(iv) and protectant identified in § 352.20(b). (i) For products containing active ‘‘Keep out of reach of children’’ in (c) Warnings. The labeling of the ingredient(s) that provide an SPF value § 352.52(f)(1)(v) and the directions in product states, under the heading of 2 to under 12. (Select one of the § 352.52(d) may be omitted. ‘‘Warnings,’’ the warning(s) for each following: ‘‘minimal’’ or ‘‘minimum’’) (2) The labeling shall be printed in ingredient in the combination, as ‘‘sun protection product.’’ accordance with the requirements of established in the warnings section of (ii) For products containing active § 201.66(d) of this chapter except that the applicable OTC drug monographs. ingredient(s) that provide an SPF value any requirements related to For permitted combinations containing of 12 to under 30. ‘‘moderate sun § 201.66(c)(1), (c)(3), and (c)(7), and the a sunscreen and a skin protectant protection product.’’ horizontal barlines and hairlines identified in § 352.20(b). (iii) For products containing active described in § 201.66(d)(8), may be (d) Directions. The labeling of the ingredient(s) that provide an SPF value omitted. of 30 or above. ‘‘high sun protection product states, under the heading § 352.60 Labeling of permitted ‘‘Directions,’’ directions that conform to product.’’ combinations of active ingredients. (2) For products containing any the directions established for each Statements of identity, indications, ingredient in the directions sections of ingredient identified in § 352.10, the warnings, and directions for use, following labeling statement may be the applicable OTC drug monographs, respectively, applicable to each unless otherwise stated in this used under the heading ‘‘Other ingredient in the product may be information’’ or anywhere outside of the paragraph. When the time intervals or combined to eliminate duplicative age limitations for administration of the ‘‘Drug Facts’’ box or enclosure. ‘‘Sun words or phrases so that the resulting individual ingredients differ, the alert: Limiting sun exposure, wearing information is clear and understandable. directions for the combination product protective clothing, and using (a) Statement of identity. For a sunscreens may reduce the risks of skin combination drug product that has an may not contain any dosage that aging, skin cancer, and other harmful established name, the labeling of the exceeds those established for any effects of the sun.’’ Any variation of this product states the established name of individual ingredient in the applicable statement will cause the product to be the combination drug product, followed OTC drug monograph(s), and may not misbranded under section 502 of the by the statement of identity for each provide for use by any age group lower act. ingredient in the combination, as than the highest minimum age limit (f) Products labeled for use only on established in the statement of identity established for any individual specific small areas of the face (e.g., sections of the applicable OTC drug ingredient. For permitted combinations lips, nose, ears, and/or around eyes) monographs. For a combination drug containing a sunscreen and a skin and that meet the criteria established in product that does not have an protectant identified in § 352.20(b). § 201.66(d)(10) of this chapter. The title, established name, the labeling of the headings, subheadings, and information product states the statement of identity Subpart DÐTesting Procedures described in § 201.66(c) of this chapter for each ingredient in the combination, § 352.70 Standard sunscreen. shall be printed in accordance with the as established in the statement of following specifications: identity sections of the applicable OTC (a) Laboratory validation. A standard (1) The labeling shall meet the drug monographs. sunscreen shall be used concomitantly requirements of § 201.66(c) of this (b) Indications. The labeling of the in the testing procedures for chapter except that the title, headings, product states, under the heading determining the SPF value of a and information described in ‘‘Uses,’’ the indication(s) for each sunscreen drug product to ensure the § 201.66(c)(1), (c)(3), and (c)(7) may be ingredient in the combination as uniform evaluation of sunscreen drug omitted, and the headings, subheadings, established in the indications sections products. The standard sunscreen shall and information described in of the applicable OTC drug monographs, be an 8-percent homosalate preparation § 201.66(c)(2), (c)(4), (c)(5), and (c)(6) unless otherwise stated in this with a mean SPF value of 4.47 (standard may be presented as follows: paragraph. Other truthful and deviation = 1.279). In order for the SPF (i) The active ingredients nonmisleading statements, describing determination of a test product to be (§ 201.66(c)(2) of this chapter) shall be only the indications for use that have considered valid, the SPF of the listed in alphabetical order. been established in the applicable OTC standard sunscreen must fall within the (ii) The heading and the indication drug monographs or listed in this standard deviation range of the expected required by § 201.66(c)(4) may be paragraph (b), may also be used, as SPF (i.e., 4.47 ± 1.279) and the 95- limited to: ‘‘Use [in bold type] helps provided by § 330.1(c)(2) of this chapter, percent confidence interval for the mean prevent sunburn.’’ subject to the provisions of section 502 SPF must contain the value 4. (iii) The ‘‘external use only’’ warning of the Federal Food, Drug, and Cosmetic in § 201.66(c)(5)(i) of this chapter may Act (the act) relating to misbranding and (b) Preparation of the standard be omitted. the prohibition in section 301(d) of the homosalate sunscreen. (1) The standard (iv) The subheadings in act against the introduction or delivery homosalate sunscreen is prepared from § 201.66(c)(5)(iii) through (c)(5)(vii) of for introduction into interstate two different preparations (preparation this chapter may be omitted, provided commerce of unapproved new drugs in A and preparation B) with the following the information after the heading violation of section 505(a) of the act. compositions:

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COMPOSITION OF PREPARATION A AND PREPARATION B OF THE STANDARD SUNSCREEN

Ingredients Percent by weight

Preparation A Lanolin ...... 5.00 Homosalate ...... 8.00 White petrolatum ...... 2.50 Stearic acid ...... 4.00 Propylparaben ...... 0.05 Preparation B Methylparaben ...... 0.10 Edetate disodium ...... 0.05 Propylene glycol ...... 5.00 Triethanolamine ...... 1.00 Purified water U.S.P ...... 74.30

(2) Preparation A and preparation B (5) Calculation of the concentration of Skin Type and Sunburn and Tanning History are heated separately to 77 to 82 °C, homosalate. The concentration of (Based on first 30 to 45 minutes sun exposure with constant stirring, until the contents homosalate is determined by the after a winter season of no sun exposure.) of each part are solubilized. Add following formula which takes into I—Always burns easily; never tans preparation A slowly to preparation B (sensitive). consideration the absorbance of the II—Always burns easily; tans minimally while stirring. Continue stirring until sample of the test solution, the dilution (sensitive). the emulsion formed is cooled to room of the 1-percent solution (1:50), the III—Burns moderately; tans gradually (light ° temperature (15 to 30 C). Add sufficient weight of the sample of the standard brown) (normal). purified water to obtain 100 grams of homosalate sunscreen preparation (1 IV—Burns minimally; always tans well standard sunscreen preparation. gram), and the standard absorbance (moderate brown) (normal). (c) Assay of the standard homosalate value (172) of homosalate as determined V—Rarely burns; tans profusely (dark brown) sunscreen. Assay the standard (insensitive). by averaging the absorbance of a large VI—Never burns; deeply pigmented homosalate sunscreen preparation by number of batches of raw homosalate: the following method to ensure proper (insensitive). concentration: Concentration of homosalate = (2) A medical history shall be (1) Preparation of the assay solvent. absorbance x 50 x 100 x 172 = percent obtained from all subjects with The solvent consists of 1 percent glacial concentration by weight. emphasis on the effects of sunlight on acetic acid (V/V) in denatured ethanol. their skin. Ascertain the general health The denatured ethanol should not § 352.71 Light source (solar simulator). of the individual, the individual’s skin contain a UV radiation absorbing A solar simulator used for type (I, II, or III), whether the individual denaturant. determining the SPF of a sunscreen drug is taking medication (topical or (2) Preparation of a 1-percent solution product should be filtered so that it systemic) that is known to produce of the standard homosalate sunscreen provides a continuous emission abnormal sunlight responses, and preparation. Accurately weigh 1 gram of spectrum from 290 to 400 nanometers whether the individual is subject to any the standard homosalate sunscreen similar to sunlight at sea level from the abnormal responses to sunlight, such as preparation into a 100-milliliter sun at a zenith angle of 10 °; it has less a phototoxic or photoallergic response. (b) Test site inspection. The physical volumetric flask. Add 50 milliliters of than 1 percent of its total energy output examination shall determine the the assay solvent. Heat on a steam bath contributed by nonsolar wavelengths presence of sunburn, suntan, scars, and mix well. Cool the solution to room shorter than 290 nanometers; and it has ° active dermal lesions, and uneven skin temperature (15 to 30 C). Then dilute not more than 5 percent of its total tones on the areas of the back to be the solution to volume with the assay energy output contributed by solvent and mix well to make a 1- tested. The presence of nevi, blemishes, wavelengths longer than 400 percent solution. or moles will be acceptable if in the (3) Preparation of the test solution nanometers. In addition, a solar physician’s judgment they will not (1:50 dilution of the 1-percent solution). simulator should have no significant interfere with the study results. Excess Filter a portion of the 1-percent solution time-related fluctuations in radiation hair on the back is acceptable if the hair through number 1 filter paper. Discard emissions after an appropriate warmup is clipped or shaved. the first 10 to 15 milliliters of the time, and it should have good beam (c) Informed consent. Legally effective filtrate. Collect the next 20 milliliters of uniformity (within 10 percent) in the written informed consent must be the filtrate (second collection). Add 1 exposure plane. To ensure that the solar obtained from all individuals. milliliter of the second collection of the simulator delivers the appropriate (d) Test site delineation—(1) Test site filtrate to a 50-milliliter volumetric spectrum of UV radiation, it must be area. A test site area serves as an area flask. Dilute this solution to volume measured periodically with an for determining the subject’s MED after with assay solvent and mix well. This accurately-calibrated spectroradiometer application of either the sunscreen is the test solution (1:50 dilution of the system or equivalent instrument. standard or the test sunscreen product, or for determining the subject’s MED 1-percent solution). § 352.72 General testing procedures. (4) Spectrophotometric determination. when the skin is unprotected (control The absorbance of the test solution is (a) Selection of test subjects (male and site). The area to be tested shall be the measured in a suitable double beam female). (1) Only fair-skin subjects with back between the beltline and the spectrophotometer with the assay skin types I, II, and III using the shoulder blade (scapulae) and lateral to solvent and reference beam at a following guidelines shall be selected: the midline. Each test site area for wavelength near 306 nanometers. Selection of Fair-skin Subjects applying a product or the standard

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A test panel determining the smallest dose of energy tested while prone, the markings shall shall consist of not more than 25 that produces redness reaching the be made with the subject prone. subjects with the number fixed in borders of the exposure site at 22 to 24 (2) Test subsite area. Each test site advance by the investigator. From this hours postexposure for each series of area shall be divided into at least three panel, at least 20 subjects must produce exposures. To determine the MED, test subsite areas that are at least 1 valid data for analysis. somewhat more intense erythemas must square centimeter. Usually four or five (h) Response criteria. In order that the also be produced. The goal is to have person who evaluates the MED subsites are employed. Each test subsite some exposures that produce absolutely responses does not know which within a test site area is subjected to a no effect, and of those exposures that sunscreen formulation was applied to specified dosage of UV radiation, in a produce an effect, the maximal exposure which site or what doses of UV series of UV radiation exposures, in should be no more than twice the total radiation were administered, he/she which the test site area is exposed for energy of the minimal exposure. must not be the same person who the determination of the MED. (i) Rejection of test data. Test data applied the sunscreen drug product to shall be rejected if the exposure series (e) Application of test materials. To the test site or administered the doses of fails to elicit an MED response on either ensure standardized reporting and to UV radiation. After UV radiation the treated or unprotected skin sites, or define a product’s SPF value, the exposure from the solar simulator is if the responses on the treated sites are application of the product shall be completed, all immediate responses randomly absent (which indicates the expressed on a weight basis per unit shall be recorded. These include several product was not spread evenly), or if the area which establishes a standard film. types of typical responses such as the subject was noncompliant (e.g., subject Both the test sunscreen product and the following: An immediate darkening or withdraws from the test due to illness standard sunscreen application shall be tanning, typically greyish or purplish in or work conflicts, subject does not 2 milligrams per square centimeter. For color, fading in 30 to 60 minutes, and shield the exposed testing sites from oils and most lotions, the viscosity is attributed to photo-oxidation of existing further UV radiation until the MED is such that the material can be applied melanin granules; immediate reddening, read, etc.). with a volumetric syringe. For creams, fading rapidly, and viewed as a normal heavy gels, and butters, the product response of capillaries and venules to § 352.73 Determination of SPF value. shall be warmed slightly so that it can heat, visible and infrared radiation; and (a)(1) The following erythema action be applied volumetrically. On heating, an immediate generalized heat response, spectrum shall be used to calculate the care shall be taken not to alter the resembling prickly heat rash, fading in erythema effective exposure of a solar product’s physical characteristics, 30 to 60 minutes, and apparently caused simulator: especially separation of the by heat and moisture generally irritating Vi (λ) = 1.0 (250 < λ < 298 nm) formulations. Pastes and ointments shall to the skin’s surface. After the 0.094 (298 - λ Vi (λ) = 1.0 ) (298 < λ < 328 be weighed, then applied by spreading immediate responses are noted, each nanometers) on the test site area. A product shall be subject shall shield the exposed area λ 0.015 (139 - λ) λ spread by using a finger cot. If two or from further UV radiation for the Vi ( ) = 1.0 (328 < < 400 more sunscreen drug products are being remainder of the test day. The MED is nanometers) evaluated at the same time, the test determined 22 to 24 hours after (2) The data contained in this action products and the standard sunscreen, as exposure. The erythema responses of spectrum are to be used as spectral specified in § 352.70, should be applied the test subject should be evaluated weighting factors to calculate the in a blinded, randomized manner. If under the following conditions: The erythema effective exposure of a solar only one sunscreen drug product is source of illumination should be either simulator as follows: being tested, the testing subsites should a tungsten light bulb or a warm white BILLING CODE 4160±01±F

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BILLING CODE 4160±01±C subsite areas on each subject with an produce the MED of the protected skin (b) Determination of MED of the accurately-calibrated solar simulator. A and from the dose of UV radiation unprotected skin. A series of UV series of seven exposures shall be required to produce the MED of the radiation exposures expressed as Joules administered to the protected test sites unprotected skin (control site) as per square meter (adjusted to the to determine the MED of the protected follows: erythema action spectrum calculated skin (MED(PS)). The doses selected SPF value = the ratio of erythema effective according to § 352.73(a)) is administered shall consist of a geometric series of five exposure (Joules per square meter) (MED(PS)) to the subsite areas on each subject with exposures, where the middle exposure to the erythema effective exposure (Joules per square meter) (MED(US)). an accurately calibrated solar simulator. is placed to yield the expected SPF plus A series of five exposures shall be (d) Determination of the test product’s two other exposures placed SPF value and PCD. Use data from at administered to the untreated, symmetrically around the middle unprotected skin to determine the least 20 test subjects with n representing exposure. The exact series of exposures the number of subjects used. First, for subject’s inherent MED. The doses to be given to the protected skin shall selected shall be a geometric series each subject, compute the SPF value as be determined by the previously stated in § 352.73(b) and (c). Second, represented by (1.25n), wherein each established MED(US) and the expected compute the mean SPF value, x¯, and the exposure time interval is 25 percent SPF of the test sunscreen. For products standard deviation, s, for these subjects. greater than the previous time to with an expected SPF less than 8, the Third, obtain the upper 5-percent point maintain the same relative uncertainty exposures shall be the MED(US) times from the t distribution table with n-1 (expressed as a constant percentage), 0.64X, 0.80X, 0.90X, 1.00X, 1.10X, degrees of freedom. Denote this value by independent of the subject’s sensitivity 1.25X, and 1.56X, where X equals the t. Fourth, compute ts/ √n. Denote this to UV radiation, regardless of whether expected SPF of the test product. For quantity by A (i.e., A = ts/ √n). Fifth, the subject has a high or low MED. products with an expected SPF between calculate the SPF value to be used in Usually, the MED of a person’s 8 and 15, the exposures shall be the labeling as follows: the label SPF equals unprotected skin is determined the day MED(US) times 0.69X, 0.83X, 0.91X, the largest whole number less than x¯ - prior to testing a product. This MED(US) 1.00X, 1.09X, 1.20X, and 1.44X, where A. Sixth and last, the drug product is shall be used in the determination of the X equals the expected SPF of the test classified into a PCD as follows: if 30 + series of UV radiation exposures to be product. For products with an expected A < x¯, the PCD is High; if 12 + A < x¯ administered to the protected site in SPF greater that 15, the exposures shall < 30 + A, the PCD is Moderate; if 2 + subsequent testing. The MED(US) be the MED(US) times 0.76X, 0.87X, A < x¯ < 12 + A, the PCD is Minimal; should be determined again on the same 0.93X, 1.00X, 1.07X, 1.15X, and 1.32X, if x¯ < 2 + A, the product shall not be day as the standard and test sunscreens where X equals the expected SPF of the labeled as a sunscreen drug product and and this MED(US) should be used in test product. The MED is the quantity of shall not display an SPF value. calculating the SPF. erythema-effective energy required to (c) Determination of individual SPF produce the first perceptible, § 352.76 Determination if a product is values. A series of UV radiation unambiguous redness reaction with water resistant or very water resistant. exposures expressed as Joules per clearly defined borders at 22 to 24 hours The general testing procedures in square meter (adjusted to the erythema postexposure. The SPF value of the test § 352.72 shall be used as part of the action spectrum calculated according to sunscreen is then calculated from the following tests, except where modified § 352.73(a)) is administered to the dose of UV radiation required to in this section. An indoor fresh water

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27693 pool, whirlpool, and/or jacuzzi used. Any proposed modification or conspicuously at least once in the maintained at 23 to 32 °C shall be used alternative procedure shall be submitted labeling in conjunction with the term in these testing procedures. Fresh water as a petition in accord with § 10.30 of ‘‘sunscreen’’ or other similar sun is clean drinking water that meets the this chapter. The petition should protection terminology used in the standards in 40 CFR part 141. The pool contain data to support the modification labeling. For example: ‘‘Contains a and air temperature and the relative or data demonstrating that an alternative sunscreen—to protect product color.’’ humidity shall be recorded. procedure provides results of equivalent (a) Procedure for testing the water accuracy. All information submitted PART 740ÐCOSMETIC PRODUCT resistance of a sunscreen product. For will be subject to the disclosure rules in WARNING STATEMENTS sunscreen products making the claim of part 20 of this chapter. 6. The authority citation for 21 CFR ‘‘water resistant,’’ the label SPF shall be part 740 continues to read as follows: the label SPF value determined after 40 PART 700ÐGENERAL minutes of water immersion using the Authority: 21 U.S.C. 321, 331, 352, 355, 4. The authority citation for 21 CFR 361, 362, 371, 374. following procedure for the water part 700 continues to read as follows: resistance test: 7. Section 740.19 is added to subpart (1) Apply sunscreen product Authority: 21 U.S.C. 321, 331, 352, 355, B to read as follows: 361, 362, 371, 374. (followed by the waiting period after application of the sunscreen product 5. Section 700.35 is added to subpart § 740.19 Suntanning preparations. indicated on the product labeling). B to read as follows: The labeling of suntanning (2) 20 minutes moderate activity in preparations that do not contain a water. § 700.35 Cosmetics containing sunscreen sunscreen ingredient must display the (3) 20-minute rest period (do not ingredients. following warning: ‘‘Warning—This towel test sites). (a) A product that includes the term product does not contain a sunscreen (4) 20 minutes moderate activity in ‘‘sunscreen’’ in its labeling or in any and does not protect against sunburn. water. other way represents or suggests that it Repeated exposure of unprotected skin (5) Conclude water test (air dry test is intended to prevent, cure, treat, or while tanning may increase the risk of sites without toweling). mitigate disease or to affect a structure skin aging, skin cancer, and other (6) Begin solar simulator exposure to or function of the body comes within harmful effects to the skin even if you test site areas as described in § 352.73. the definition of a drug in section do not burn.’’ For purposes of this (b) Procedure for testing a very water 201(g)(1) of the act. Sunscreen active section, the term ‘‘suntanning resistant sunscreen product. For ingredients affect the structure or preparations’’ includes gels, creams, sunscreen products making the claim of function of the body by absorbing, liquids, and other topical products that ‘‘very water resistant,’’ the label SPF reflecting, or scattering the harmful, are intended to provide cosmetic effects shall be the label SPF value determined burning rays of the sun, thereby altering on the skin while tanning through after 80 minutes of water immersion the normal physiological response to exposure to UV radiation (e.g., using the following procedure for the solar radiation. These ingredients also moisturizing or conditioning products), very water resistant test: help to prevent diseases such as or to give the appearance of a tan by (1) Apply sunscreen product sunburn and may reduce the chance of imparting color to the skin through the (followed by the waiting period after premature skin aging, skin cancer, and application of approved color additives application of the sunscreen product other harmful effects due to the sun (e.g., dihydroxyacetone) without the indicated on the product labeling). when used in conjunction with limiting need for exposure to UV radiation. The (2) 20 minutes moderate activity in sun exposure and wearing protective term ‘‘suntanning preparations’’ does water. clothing. When consumers see the term not include products intended to ‘‘sunscreen’’ or similar sun protection (3) 20-minute rest period (do not provide sun protection or otherwise terminology in the labeling of a product, towel test sites). intended to affect the structure or any they expect the product to protect them (4) 20 minutes moderate activity in function of the body. water. in some way from the harmful effects of (5) 20-minute rest period (do not the sun, irrespective of other labeling Dated: April 22, 1999. towel test sites). statements. Consequently, the use of the William K. Hubbard, (6) 20 minutes moderate activity in term ‘‘sunscreen’’ or similar sun Associate Commissioner for Policy water. protection terminology in a product’s Coordination. (7) 20-minute rest period (do not labeling generally causes the product to [FR Doc. 99–12853 Filed 5–20–99; 8:45 am] towel test sites). be subject to regulation as a drug. BILLING CODE 4160±01±F (8) 20 minutes moderate activity in However, sunscreen ingredients may water. also be used in some products for (9) Conclude water test (air dry test nontherapeutic, nonphysiologic uses DEPARTMENT OF DEFENSE sites without toweling). (e.g., as a color additive or to protect the (10) Begin solar simulator exposure to color of the product). To avoid Office of the Secretary test site areas as described in § 352.73. consumer misunderstanding, if a cosmetic product contains a sunscreen 32 CFR Part 311 § 352.77 Test modifications. ingredient and uses the term The formulation or mode of ‘‘sunscreen’’ or similar sun protection OSD Privacy Program; Correction administration of certain products may terminology anywhere in its labeling, AGENCY: Department of Defense. require modification of the testing the term must be qualified by describing ACTION: Final rule; correction. procedures in this subpart. In addition, the cosmetic benefit provided by the alternative methods (including sunscreen ingredient. SUMMARY: This rules makes automated or in vitro procedures) (b) The qualifying information administrative corrections to the OSD employing the same basic procedures as required under paragraph (a) of this Privacy Program rule published on those described in this subpart may be section shall appear prominently and April 28, 1999.

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DATES: This rule is effective February 4, Office of Search and Rescue, First Coast Dated: April 30, 1999. 1999. Guard District, (617) 223–8460. J.F. McGowan, FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: This Rear Admiral, U.S. Coast Guard, Commander, David Bosworth, 703–588–0159. notice implements the permanent Ninth Coast Guard District. SUPPLEMENTARY INFORMATION: On April special local regulation governing the [FR Doc. 99–12826 Filed 5–20–99; 8:45 am] 28, 1999 (64 FR 22784), the Department 1999 Harvard-Yale Regatta. A portion of BILLING CODE 4910±15±M of Defense published a final rule the Thames River in New London, revising 32 CFR part 311 ‘‘OSD Privacy Connecticut, will be closed during the DEPARTMENT OF TRANSPORTATION Program’’ which contained two effective period to all vessel traffic except participants, official regatta § 311.6(c)(1). This correction designates Coast Guard the second § 311.6(c)(1) as § 311.6(c)(2). vessels, and patrol craft. The regulated Accordingly, 32 CFR Part 311 is area is that area of the river between the 33 CFR Part 117 corrected as follows: Penn-Central drawbridge and Bartlett’s [CGD08±99±032] 1. The authority citation for 32 CFR Cove. Additional public notification will be made by the First Coast Guard Part 311 continues to read as follows: Drawbridge Operating Regulation; District Local Notice to Mariners and Lake Pontchartrain, LA § 311.6 [corrected] marine-safety broadcasts. The full text Authority: Pub. L. 93–579, 88 Stat. 1986 (5 of this regulation appears in 33 CFR AGENCY: Coast Guard, DOT. U.S.C. 552a). 100.101. ACTION: Notice of temporary deviation from regulations. 2. Section 311.6 is corrected by Dated: May 5, 1999. redesignating the second paragraph R.M. Larrabee, SUMMARY: The Commander, Eighth (c)(1) as paragraph (c)(2). Rear Admiral, U.S. Coast Guard, Commander, Coast Guard District has issued a First Coast Guard District. Dated: May 13, 1999. temporary deviation from the regulation [FR Doc. 99–12825 Filed 5–20–99; 8:45 am] L.M. Bynum, in 33 CFR 117.5 governing the operation BILLING CODE 4910±15±M of the Norfolk Southern Railroad Alternate OSD Federal Register Liaison Officer, Department of Defense. bascule drawbridge across Lake Pontchartrain, near Slidell, St. [FR Doc. 99–12533 Filed 5–20–99; 8:45 am] DEPARTMENT OF TRANSPORTATION Tammany Parish, Louisiana. This BILLING CODE 5001±10±M deviation allows the Norfolk Southern Coast Guard Corporation to maintain the bridge in 33 CFR Part 117 the closed-to-navigation position from 8 DEPARTMENT OF TRANSPORTATION a.m. until noon and from 1 p.m. until [CGD09±98±055] 5 p.m., Monday through Friday from Coast Guard Monday, June 7, 1999, until Friday, June 18, 1999. At all other times, the bridge 33 CFR Part 100 RIN 2115±AE47 will operate normally for the passage of [CGD01±99±054] Drawbridge Operation Regulations; vessels. This temporary deviation is issued to allow for the replacement of RIN 2115±AE46 River Rouge (Short-Cut Canal), Michigan railroad ties at the draw span. Special Local Regulation: Harvard-Yale DATES: This deviation is effective from Regatta, Thames River, New London, AGENCY: Coast Guard, DOT. 8 a.m. on Monday, June 7, 1999, until CT ACTION: Direct final rule, confirmation of 5 p.m. on Friday, June 18, 1999. effective date. FOR FURTHER INFORMATION CONTACT: Mr. AGENCY: Coast Guard, DOT. David Frank, Bridge Administration ACTION: Notice of implementation. SUMMARY: On February 25, 1999, the Branch, Commander (ob), Eighth Coast Coast Guard published a direct final Guard District, 501 Magazine Street, SUMMARY: This notice puts into effect rule (64 FR 9271, CGD09–98–055) in the New Orleans, Louisiana 70130–3396, the permanent regulations for the Federal Register. This direct final rule telephone number 504–589–2965. annual Harvard-Yale Regatta, a rowing notified the public of the Coast Guard’s SUPPLEMENTARY INFORMATION: The competition held on the Thames River intent to remove the operating Norfolk Southern Corporation in New London, CT. The regulation is regulations governing the Fort Street drawbridge across Lake Pontchartrain, necessary to control vessel traffic within and Jefferson Street bridges, miles 1.1 near Slidell, St. Tammany Parish, the immediate vicinity of the event and 2.2, respectively, over River Rouge Louisiana, has a vertical clearance of 2 because of the confined nature of the in Detroit, MI, because changing feet above high water in the closed-to- waterway and anticipated congestion at vehicular traffic patterns and the needs navigation position. Navigation on the the time of the event. It provides for the of navigation on the river. The Coast water way consists of tugs with tows, safety of life and property on the Guard has not received any adverse fishing vessels, sailing vessels, and affected navigable waters. comments or any notice of intent to other recreational craft. The Norfolk submit adverse comments objecting to EFFECTIVE DATE: The regulations in 33 Southern Corporation requested a this rule as written; therefore, this rule CFR 100.101 are effective on June 5, temporary deviation from the normal will go into effect as scheduled. 1999, from 3:00 p.m. to 8:00 p.m. If the operation of the bridge in order to regatta is canceled because of weather, DATES: The effective date of the direct accommodate the replacement of this section will be in effect on the final rule is confirmed as May 26, 1999. railroad ties at the draw span. following day, Sunday June 6, 1999, FOR FURTHER INFORMATION CONTACT: This deviation allows the draw of the during the same hours. Mr. Scot M. Striffler, Project Manager, Norfolk Southern Corporation bridge FOR FURTHER INFORMATION CONTACT: Ninth Coast Guard District (obr). at (216) across Lake Pontchartrain, near Slidell Petty Officer William M. Anderson, 902–6084. to remain in the closed-to-navigation

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27695 position from 8 a.m. until noon, and Details for the repairs to the fender Small Entities from 1 p.m. until 5 p.m., Monday system of the bridge were not provided Under the Regulatory Flexibility Act through Friday, from Monday, June 7, to the Coast Guard until May 3, 1999, (5 U.S.C. 601 et seq.), the Coast Guard 1999, until Friday, June 18, 1999. making it possible to publish a NPRM considered whether this temporary final Presently, the draw opens on signal for or a final rule 30 days in advance. Any rule would have a significant economic the passage of vessels. delay encountered in the effective date impact on a substantial number of small Dated: May 11, 1999. of this rule would be contrary to the entities. ‘‘Small entities’’ may include A.L. Gerfin, Jr., public interest since immediate action is (1) small businesses and not-for-profit needed to close a portion of the Captain, U.S. Coast Guard, Commander, 8th organizations that are independently Coast Guard Dist., Acting. waterway and protect the maritime owned and operated and are not public from the hazards associated with [FR Doc. 99–12824 Filed 5–20–99; 8:45 am] dominant in their fields and (2) bridge construction upon a navigable BILLING CODE 4910±15±M governmental jurisdictions with waterway. populations of less than 50,000. Background and Purpose For the reasons discussed in the DEPARTMENT OF TRANSPORTATION Regulatory Evaluation above, the Coast The fender system of the Chelsea Guard certifies under section 605(b) of Coast Guard Street Bridge over the Chelsea River, the Regulatory Flexibility Act (5 U.S.C. Chelsea, MA, needs repairs. During the 601 et seq.) that this rule will not have 33 CFR Part 165 repairs, barges will be moored in the a significant impact on a substantial [CGD1±99±053] center of the channel under the bridge, number of small entities. and pilings will be removed, replaced, RIN 2115±AA97 or both. The placement of the barge will Collection of Information require the closure of the waterway for This temporary final rule contains no Safety Zone: Chelsea Street Bridge the safety of vessels during the repairs collection-of-information requirements Fender System Repair, Chelsea River, to the system. Therefore, a safety zone under the Paperwork Reduction Act (44 Chelsea, MA is necessary to allow the safe removal of U.S.C. 3501 et seq.). AGENCY: Coast Guard, DOT. pilings and repairs to the fender system, and to protect vessel traffic. Federalism ACTION: Temporary final rule. This temporary final rule establishes The Coast Guard has analyzed this SUMMARY: The Coast Guard is a safety zone in all waters of the Chelsea temporary final rule under the establishing a temporary safety zone for River 100 yards upstream and 100 yards principles and criteria contained in repairs to the fender system of the downstream from the centerline of the Executive Order 12612, and has Chelsea Street Bridge on the Chelsea Chelsea Street Bridge. This safety zone determined that this rule does not have River. The safety zone temporarily prevents entry into or movement within sufficient federalism implications to closes all waters of the Chelsea River this portion of the Chelsea River. The warrant the preparation of a Federalism 100 yards upstream and 100 yards expected duration of the safety zone Assessment. will be between 9 p.m. and 5 a.m., downstream from the centerline of the Environment Chelsea Street Bridge. The safety zone is Monday through Friday, from May 10, needed to protect vessels from the 1999, through July 31, 1999. The Coast The Coast Guard has considered the hazards posed during repairs to the Guard will make marine Safety environmental impact of this temporary system. Information Broadcasts informing final rule and concluded that, under Figure 2–1, paragraph 34(g), of DATES: This rule is effective between 9 mariners of this safety zone. Commandment Instruction M16475.1C, p.m. and 5 a.m., Monday through Regulatory Evaluation this rule is categorically excluded from Friday, from May 10, 1999, through July further environmental documentation. 31, 1999. This temporary final rule is not a significant regulatory action under A ‘‘Categorical Exclusion ADDRESSES: Documents as indicated in section 3(f) of Executive Order 12866 Determination’’ is available in the this preamble are available for and does not require an assessment of docket for inspection or copying where inspection or copying at Coast Guard potential costs and benefits under indicted under ADDRESSES. Marine Safety Office, Boston, 455 section 6(a)(3) of that Order. It has not Commercial Street, Boston, List of Subjects in 33 CFR part 165 been reviewed by the Office of Massachusetts, 02109, between 8 a.m. Management and Budget under that Harbors, Marine safety, Navigation and 3 p.m., Monday through Friday, Order. It is not significant under the (water), Reporting recordkeeping except Federal holidays. The telephone regulatory policies and procedures of requirements, Security measures, number is (617) 223–3000. the Department of Transportation (DOT) Waterways. FOR FURTHER INFORMATION CONTACT: LT (44 FR 11040; February 26, 1979). The Regulation Dennis O’Mara, Waterways Management Coast Guard expects its economic Division, Coast Guard Marine Safety impact to be so minimal that a full For reasons set out in the preamble, Office Boston, (617) 223–3000. regulatory evaluation under paragraph the Coast Guard amends 33 CFR part 165 as follows: SUPPLEMENTARY INFORMATION: 10e of the regulatory evaluation under paragraph 10e of the regulatory policies PART 165Ð[AMENDED] Regulatory History and procedures of DOT is unnecessary. Pursuant to 5 U.S.C. 553, no notice of This finding is based on the limited 1. The authority citation for part 165 proposed rulemaking (NPRM) was recreational and commercial traffic continues to read as follows: published for this temporary final rule, expected in the area, and the fact that Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and good cause exists for making it commercial operators have received 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 effective in less than 30 days after advance notice of the project and can CFR 1.46. Section 165.100 is also issued publication in the Federal Register. make alternative arrangements. under authority of Sec. 311, Pub. L. 105–383.

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2. Add temporary § 165.T01–053 to ADDRESSES: Documents relating to this Coast Guard expects the economic read as follows: temporary final rule are available for impact of this rule to be so minimal that inspection and copying at U.S. Coast a full Regulatory Evaluation under § 165.T01±053 Safety Zone: Repair to Guard Group Long Island Sound, 120 fender system of Chelsea Street Bridge, paragraph 10e of the regulatory policies Chelsea River, Chelsea, MA. Woodward Avenue, New Haven, CT and procedures of DOT is unnecessary. 06512. Normal office hours are between This safety zone involved only a portion (a) Location. The following area is a 8:00 a.m. and 4:00 p.m., Monday of West Harbor, and entry into this zone safety zone: All waters of the Chelsea through Friday, except holidays. will be restricted for only 60 minutes, river 100 yards upstream and 100 yards Comments may also be faxed to this on June 26, 1999. Although this downstream from the centerline of the address. The fax number is (203) 468– Chelsea Street Bridge. regulation prevents traffic from 4445. transiting West Harbor, the effect of this (b) Effective Date. This section is FOR FURTHER INFORMATION CONTACT: effective between 9 p.m. and 5 a.m., regulation will not be significant for Lieutenant Commander T.J. Walker, several reasons: the duration of the Monday through Friday, from May 10, Chief of Port Operations, Captain of the 1999, through july 31, 1999. event is limited; the event is at a late Port, Long Island Sound, at (203) 468– hour; all vessel traffic may safely pass (c) Regulations. (1) Entry into or 4444. movement within this zone is around this safety zone; and extensive, SUPPLEMENTARY INFORMATION: prohibited unless authorized by the advance maritime advisories will be COTP Boston. Regulatory History made. (2) All persons and vessels shall Pursuant to 5 U.S.C. 553, good cause Small Entities comply with the instructions of the exists for not publishing a notice of COTP or the designated on-scene patrol proposed rulemaking (NPRM) and for Under the Regulatory Flexibility Act personnel of the U.S. Coast Guard. making this rule effective in less than 30 (5 U.S.C. 601 et seq.), the Coast Guard Among those personnel are days after publication in the Federal considered whether temporary final rule commissioned, warrant, and petty Register. The sponsor of the event did would have a significant economic officers of the U.S. Coast Guard. not provide the Coast Guard with the impact on a substantial number of small (3) The general regulations covering final details for the event in sufficient entities. ‘‘Small entities’’ include safety zones in § 165.23 of this part time to publish a NPRM or a final rule independently owned and operated apply. 30 days in advance. The delay small businesses that are not dominant Dated: May 6, 1999. encountered if normal rulemaking in their field and (2) governmental M.A. Skordinski, procedures were followed would jurisdictions with populations of less Commander, U.S. Coast Guard, Alternate effectively cancel the event. than 50,000. Captain of the Port, Boston, Massachusetts. Cancellation of this event is contrary to For the reasons discussed under the [FR Doc. 99–12827 Filed 5–20–99; 8:45 am] the public interest since the fireworks Regulatory Evaluation above, the Coast display is for the benefit of the public. BILLING CODE 4910±15±M Guard certifies under section 605(b) of Background and Purpose the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have DEPARTMENT OF TRANSPORTATION The Fire Island Tourist Bureau is sponsoring a 10-minute fireworks a significant impact on a substantial number of small entities. Coast Guard display at Great South Bay, Cherry Grove, New York. The fireworks display Assistance for Small Entities 33 CFR Part 165 will occur on June 26, 1999, from 10:00 p.m. until 10:10 p.m. The safety zone Under subsection 213(a) of the Small [CGD01±99±047] covers all waters of Great South Bay Business Regulatory Enforcement RIN 2115±AA97 within a 600-foot radius of the Fairness Act of 1996 (Pub. L. 104–121), fireworks-launching site, which will be the Coast Guard wants to assist small Safety Zone: Fire Island Tourist Bureau located in approximate position entities in understanding this temporary ° ′ ° ′ Fireworks Display, Great South Bay, 40 39 .45 N, 073 0 .23 W (NAD 1983). final rule so that they can better Cherry Grove, NY This zone is necessary to protect the evaluate its effects on them and maritime community from the hazards AGENCY: Coast Guard, DOT. participate in the rulemaking. If your associated with this fireworks display. small business or organization would be ACTION: Temporary final rule. Entry into or movement within this affected by this rule and you have zone will be prohibited unless SUMMARY: The Coast Guard is questions concerning its provisions or authorized by the Captain of the Port or options for compliance, please call establishing a safety zone for the Fire his on-scene representative. Island Tourist Bureau fireworks display LCDR T.J. Walker, telephone (203) 468– to be held at Great South Bay, Cherry Regulatory Evaluation 4444. Grove, N.Y., on June 26, 1999. This zone This temporary final rule is not a The Ombudsman of Regulatory is needed to protect persons, facilities, significant regulatory action under Enforcement for Small Business and vessels, and others in the maritime section 3(f) of Executive Order 12866 Agriculture, and 10 Regional Fairness community from the hazards associated and does not require an assessment of Boards, were established to receive with this fireworks display. Entry into potential costs and benefits under comments form small businesses about this safety zone is prohibited unless section 6(a)(3) of that order. It has been enforcement by Federal agencies. The authorized by the Captain of the Port. exempted from review by the Office of Ombudsman will annually evaluate EFFECTIVE DATE: This regulation is Management and Budget under that such enforcement and rate each effective on June 26, 1999, from 9:30 order. It is not significant under the agency’s responsiveness to small p.m. until 10:30 p.m. In case of regulatory policies and procedures of business. If you wish to comment on inclement weather, June 27, 1999, is the the Department of Transportation (DOT) enforcement by the Coast Guard, call 1– alternative date for this event. (44 FR 11040; February 26, 1979). The 888–REG–FAIR (1–888–734–3247).

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Collection of Information government, a mandate that is not DEPARTMENT OF TRANSPORTATION This rule contains no collection-of- required by statute and that is not Coast Guard information requirements under the funded by the Federal government. E.O. 12988, Civil Justice Reform. This final Paperwork Reduction Act (44 U.S.C. 33 CFR Part 165 3501 et seq.). rule meets applicable standards in sections 3(a) and 3(b)(2) of this Order to [CGD01±99±039] Federalism minimize litigation, eliminate The Coast Guard has analyzed this ambiguity, and reduce burden. E.O. RIN 2115±AA97 temporary final rule in accordance with 13045, Protection of Children from the principles and criteria contained in Environmental Health Risks and Safety Safety Zone: Groton Long Point Yacht Executive Order 12612, and has Risks. This final rule is not an Club Fireworks Display, Main Beach, determined that it does not raise economically significant rule and does Groton Long Point, CT sufficient federalism implications to not concern an environmental risk to AGENCY: Coast Guard, DOT. warrant the preparation of a Federalism safety disproportionately affecting Assessment. children. ACTION: Temporary final rule. Unfunded Mandates List of Subjects in 33 CFR Part 165 SUMMARY: The Coast Guard is establishing a safety zone for the Groton Under the Unfunded Mandates Harbors, Marine safety, Navigation Long Point Yacht Club Fireworks Reform Act of 1995 (Pub. L. 104–4), the (water), Reports and recordkeeping Display to be held in Long Island Coast Guard must consider whether this requirements, Security measures, Sound, 600 feet south of the main beach temporary final rule will result in an Waterways. annual expenditure by State, local, and in Groton Long Point, CT, on July 17, tribal governments, in the aggregate, of Regulation 1999. This action is needed to protect persons, facilities, vessels, and others in $100 million (adjusted annually for For the reasons set out in the the maritime community from the inflation). If so, the Act requires that a preamble, the Coast Guard amends 33 hazards associated with this fireworks reasonable number of regulatory CFR part 165 as follows: alternatives be considered, and that, display. Entry into this safety zone is from those alternatives, the least costly, PART 165Ð[AMENDED] prohibited unless authorized by the most cost-effective, or least burdensome Captain of the Port. alternative that achieves the objective of 1. The authority citation for Part 165 EFFECTIVE DATE: This regulation is the rule be selected. No State, local, or continues to read as follows: effective on July 17, 1999, from 9 p.m. tribal government will be affected by Authority: 33 U.S.C. 1231; 50 U.S.C. 191; until 10:05 p.m. In case of inclement this rule, so the rule will not result in 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; weather, July 18, 1999, is the alternative annual or aggregate costs of $100 49 CFR 1.46. Section 165.100 is also issued date for this event. under authority of sec. 311, Pub. L. 105–383. million or more. Therefore, the Coast ADDRESSES: Documents relating to this Guard is exempt from any further 2. Add temporary § 165.T01–CGD1– temporary final rule are available for regulatory requirements under the 047 to read as follows: inspection and copying at U.S. Coast Unfunded Mandates Act. Guard Long Island Sound, 120 § 165.T01±CGD1±047 Fire Island Tourist Woodward Avenue, New Haven, CT Environment Bureau Fireworks Display, Great South Bay, Cherry Grove, NY. 06512. Normal office hours are between The Coast Guard has considered the 8 a.m. and 4 p.m., Monday through environmental impact of this temporary (a) Location. The safety zone Friday, except holidays. Comments may final rule and concluded that under comprises all waters of Great South Bay also be faxed to this address. The fax Figure 2–1, paragraph 34(g), of within a 600-foot radius of the launch number is (203) 468–4445. Commandant Instruction, M 16475.C, site located in approximate position FOR FURTHER INFORMATION CONTACT: this rule is categorically excluded from 40°39′.45 N, 073°.05′.23 W (NAD 1983). further environmental documentation. Lieutenant Commander T.J. Walker, Effective date. This section is effective Chief of Port Operations, Captain of the A written Categorical Exclusion on June 26, 1999, from 9:30 p.m. until Determination is available in the docket Port, Long Island Sound, at (203) 468– 10:30 p.m. 4444. for inspection or copying where (c)(1) Regulations. The general SUPPLEMENTARY INFORMATION: indicated under address. regulations covering safety zones Other Executive Orders of the contained in § 165.23 of this part apply. Regulatory History Regulatory Process (2) All persons and vessels shall Pursuant to 5 U.S.C. 553, good cause In addition to the statutes and comply with the instructions of the exists for not publishing a notice of Executive Orders already addressed in Coast Guard Captain of the Port or the proposed rulemaking (NPRM) and for this preamble, the Coast Guard designated on-scene patrol personnel. making this rule effective in less than 30 considered the following in developing Among these personnel are days after publication in the Federal this temporary final rule and reached commissioned, warrant, and petty Register. The sponsor of the event did the following conclusions: officers of the Coast Guard. Upon being not provide the Coast Guard with the E.O. 12630, Governmental Actions hailed by a U.S. Coast Guard Vessel by final details for the event in sufficient and Interference with Constitutionally siren, radio, flashing light, or other time to publish a NPRM or a final rule Protected Property Rights. This final means, the operator of a vessel shall 30 days in advance. The delay rule will not effect a taking of private proceed as directed. encountered if normal rulemaking property or otherwise have taking P.K. Mitchell, procedures were followed would implications under this order. E.O. Captain, U.S. Coast Guard, Captain of the effectively cancel the event. 12875, Enhancing the Intergovernmental Port, Long Island Sound. Cancellation of this event is contrary to Partnership. This final rule will not [FR Doc. 99–12953 Filed 5–20–99; 8:45 am] the public interest since the fireworks impose, on any State, local or tribal BILLING CODE 4910±15±M display is for the benefit of the public.

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Background and Purpose Guard certifies under section 605(b) of Guard is exempt from any further The Groton Long Point Yacht Club, of the Regulatory Flexibility Act (5 U.S.C. regulatory requirements under the Groton Long Point, CT, is sponsoring a 601 et seq.) that this rule will not have Unfunded Mandates Act. a significant impact on a substantial 20-minute fireworks display off the Environment main beach in Groton Long Point, CT. number of small entities. The Coast Guard has considered the The fireworks display will occur on July Assistance for Small Entities 17, 1999, from 9:30 p.m. until 9:50 p.m. environmental impact of this temporary Under subsection 213(a) of the Small final rule and concluded that under The safety zone covers all waters of Business Regulatory Enforcement Long Island Sound within a 600-foot Figure 2–1, paragraph 34(g), of Fairness Act of 1996 (Pub. L. 104–121), Commandant Instruction, M 16475.C, radius of the fireworks-launching barge, the Coast Guard wants to assist small which will be located off of the main this rule is categorically excluded from entities in understanding this temporary further environmental documentation. beach in Groton Long Point, CT, in final rule so that they can better approximate position 41°–18.5′ N, 072°– A written Categorical Exclusion ′ evaluate its effects on them and Determination is available in the docket 02.18 W (NAD 1983). This zone is participate in the rulemaking. If your necessary to protect the maritime for inspection or copying where small business or organization would be indicated under Addresses. community from the hazards associated affected by this rule and you have with the fireworks display. Entry into or questions concerning its provisions or Other Executive Orders on the movement within this zone will be options for compliance, please call Regulatory Process prohibited unless authorized by the LCDR T.J. Walker, telephone (203) 468– In addition to the statutes and Captain of the Port or his on-scene 4444. representative. Executive Orders already addressed in The Ombudsman of Regulatory this preamble, the Coast Guard Regulatory Evaluation Enforcement for Small Business and considered the following executive Agriculture, and 10 Regional Fairness orders in developing this temporary This temporary final rule is not a Boards, were established to receive significant regulatory action under final rule and reached the following comments from small businesses about conclusions: section 3(f) of Executive Order 12866 enforcement by Federal agencies. The and does not require an assessment of E.O. 12630, Governmental Actions Ombudsman will annually evaluate and Interference with Constitutionally potential costs and benefits under such enforcement and rate each section 6(a)(3) of that Order. It has been Protected Property Rights. This final agency’s responsiveness to small rule will not effect a taking of private exempted from review by the Office of business. If you wish to comment on Management and Budget under that property or otherwise have taking of enforcement by the Coast Guard, call 1– private property or otherwise have Order. It is not significant under the 888–REG–FAIR (1–888–734–3247). regulatory policies and procedures of taking implications under this Order. the Department of Transportation (DOT) Collection of Information E.O. 12875, Enhancing the (44 FR 11040; February 26, 1979). The This temporary final rule contains no Intergovernmental Partnership. This Coast Guard expects the economic collection-of-information requirements final rule meets applicable standards in impact of this rule to be so minimal that under the Paperwork Reduction Act (44 sections 3(a) and 3(b)(2) of this Order to a full Regulatory Evaluation under U.S.C. 3501 et seq.). minimize litigation, eliminate paragraph 10e of the regulatory policies ambiguity, and reduce burden. and procedures of DOT is unnecessary. Federalism E.P. 13405, Protection of Children This safety zone involves only a portion The Coast Guard has analyzed this from Environmental Health Risks and of Long Island Sound, and entry into temporary final rule in accordance with Safety Risks. This final rule is not an this zone will be restricted for only 65 the principles and criteria contained in economically significant rule and does minutes, on July 17, 1999. Although this Executive Order 12612, and has not concern an environmental risk to regulation prevents traffic from determined that it does not raise safety disproportionately affecting transiting this section of Long Island sufficient federalism implications to children. Sound, the effect of this regulation will warrant the preparation of a Federalism List of Subjects in 33 CFR Part 165 not be significant for several reasons: Assessment. the duration of the event is limited; the Harbors, Marine safety, Navigation event is at a late hour; all vessel traffic Unfunded Mandates (water), Reports and recordkeeping may safely pass around this safety zone; Under the Unfunded Mandates requirements, Security measures, and extensive, advance maritime Reform Act of 1995 (Pub. L. 104–4), the Waterways. Coast Guard must consider whether this advisories will be made. Regulation temporary final rule will result in an Small Entities annual expenditure by State, local, and For the reasons set out in the Under the Regulatory Flexibility Act tribal governments, in aggregate, of $100 preamble, the Coast Guard amends 33 (5 U.S.C. 601 et seq.), the Coast Guard million (adjusted annually for inflation). CFR part 165 as follows: considered whether this temporary final If so, the Act requires that a reasonable rule would have a significant economic number of regulatory alternatives be PART 165Ð[AMENDED] impact on a substantial number of small considered, and that, from those 1. The authority citation for part 165 entities. ‘‘Small entities’’ include alternatives, the least costly, most cost- continues to read as follows: independently owned and operated effective, or least burdensome small businesses that are not dominant alternative that achieves the objective of Authority: 33 U.S.C. 1231; 50 U.S.C. 191; in their field and (2) governmental the rule be selected. No State, local, or 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; jurisdictions with populations of less tribal government will be affected by 49 CFR 1.46. Section 165.100 is also issued under authority of Sec. 311, Pub. L. 105–383. than 50,000. this rule, so this rule will not result in For the reasons discussed under the annual or aggregate costs of $100 2. Add temporary § 165.T01–CGD1– Regulatory Evaluation above, the Coast million or more. Therefore, the Coast 039 to read as follows:

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§ 165.T01±CGD1±039 Groton Long Point Washington, DC, and the Regional incorporated into the federally approved Yacht Club Fireworks Display, Main Beach, Office. The sections of 40 CFR part 52 SIP and are identified in part 52 Groton Long Point, CT pertaining to provisions promulgated by (Approval and Promulgation of (a) Location. The safety zone includes EPA or state-submitted materials not Implementation Plans), Title 40 of the all waters of Long Island sound within subject to IBR review remain Code of Federal Regulations (40 CFR a 600-foot radius of the launch site unchanged. part 52). The full text of the state located in Long Island Sound 600 feet EFFECTIVE DATE: This action is effective regulation approved by EPA is not south of Main Beach, Groton Long May 21, 1999. reproduced in its entirety in 40 CFR part Point, CT. in approximate position 41°– ADDRESSES: SIP materials which are 52, but is ‘‘incorporated by reference.’’ 18′.05 N, 072°–02′ .08 W (NAD 1983). incorporated by reference into 40 CFR This means that EPA has approved a (b) Effective date. This section is given state regulation with a specific effective on July 17, 1999, from 9:00 part 52 are available for inspection at the following locations: effective date. The public is referred to p.m. until 10:05 p.m. In case of the location of the full text version Environmental Protection Agency, inclement weather, July 18, 1999, is the should they want to know which Region 4, 61 Forsyth Street, SW, alternative date for this event. measures are contained in a given SIP. Atlanta, GA 30303; (c)(1) Regulations. The general The information provided allows EPA regulations covering safety zones Office of Air and Radiation, Docket and Information Center (Air Docket), EPA, and the public to monitor the extent to contained in § 165.23 of this part apply. which a state implements the SIP to (2) All persons and vessels shall 401 M Street, SW, Room M1500, Washington, DC 20460; and attain and maintain the NAAQS and to comply with the instructions of the take enforcement action if necessary. Coast Guard Captain of the Port or the Office of the Federal Register, 800 North designated on-scene patrol personnel. Capitol Street, NW, Suite 700, How the State and EPA Update the SIP Among these personnel are Washington, DC. The SIP is a living document which commissioned, warrant, and petty FOR FURTHER INFORMATION CONTACT: the state can revise as necessary to officers of the Coast Guard. Upon being Scott Martin at the above Region 4 address the unique air pollution hailed by a U.S. Coast Guard Vessel by address or at 404–562–9036. problems in the state. Therefore, EPA siren, radio, flashing light, or other SUPPLEMENTARY INFORMATION: The from time to time must take action on means, the operator of a vessel shall supplementary information is organized SIP revisions containing new and/or proceed as directed. in the following order: revised regulations as being part of the P. K. Mitchell, What is a SIP? SIP. On May 22, 1997 (62 FR 27968), Captain, U.S. Coast Guard, Captain of the How EPA enforces SIPs. EPA revised the procedures for Port, Long Island Sound. How the State and EPA update the SIP. incorporating by reference federally- [FR Doc. 99–12954 Filed 5–20–99; 8:45 am] How EPA compiles the SIPs. approved SIPs, as a result of BILLING CODE 4910±15±M How EPA organizes the SIP consultations between EPA and OFR. Compilation. Where you can find a copy of the SIP EPA began the process of developing— ENVIRONMENTAL PROTECTION Compilation. AGENCY The format of the new Identification of 1. a revised SIP document for each Plan Section. state that would be incorporated by 40 CFR Part 52 When a SIP revision becomes federally reference under the provisions of 1 CFR enforceable. part 51; [GA±9915; FRL±6335±9] The Historical record of SIP revision 2. a revised mechanism for Approval and Promulgation of Air approvals. announcing EPA approval of revisions Quality Implementation Plans; What EPA is doing in this action. to an applicable SIP and updating both How this document complies with the Georgia; Revised Format for Materials the IBR document and the CFR; and Federal Administrative Requirements Being Incorporated by Reference 3. a revised format of the for rulemaking. ‘‘Identification of plan’’ sections for AGENCY: Environmental Protection What Is a SIP? each applicable subpart to reflect these Agency (EPA). revised IBR procedures. ACTION: Final rule; notice of Each state has a SIP containing the The description of the revised SIP administrative change. control measures and strategies used to attain and maintain the national document, IBR procedures and SUMMARY: EPA is revising the format of ambient air quality standards (NAAQS). ‘‘Identification of plan’’ format are 40 CFR part 52 for materials submitted The SIP is extensive, containing such discussed in further detail in the May by the State of Georgia that are elements as air pollution control 22, 1997, Federal Register document. incorporated by reference (IBR) into the regulations, emission inventories, How EPA Compiles the SIPs State Implementation Plan (SIP). The monitoring network, attainment regulations affected by this format demonstrations, and enforcement The federally-approved regulations change have all been previously mechanisms. and source specific permits (entirely or submitted by the State agency and portions of), submitted by each state approved by EPA. How EPA Enforces SIPs agency have been compiled by EPA into This format revision will affect the Each state must formally adopt the a ‘‘SIP Compilation.’’ The SIP ‘‘Identification of plan’’ sections of 40 control measures and strategies in the Compilation contains the updated CFR part 52, as well as the format of the SIP after the public has had an regulations and source specific permits SIP materials that will be available for opportunity to comment on them and approved by EPA through previous rule public inspection at the Office of the then submit the SIP to EPA. making actions in the Federal Register. Federal Register (OFR), the Air and Once these control measures and The compilations are contained in 3- Radiation Docket and Information strategies are approved by EPA, after ring binders and will be updated, Center located in Waterside Mall, notice and comment, they are primarily on an annual basis.

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How EPA Organizes the SIP enforceability of previously approved and tribal governments, the nature of Compilation SIP measures, and will decide whether their concerns, copies of any written Each SIP Compilation contains two or not to retain the Identification of plan communications from the governments, parts. Part 1 contains the regulations appendices for some further period. and a statement supporting the need to issue the regulation. In addition, E.O. and part 2 contains the source specific What EPA Is Doing in This Action requirements that have been approved 12875 requires EPA to develop an as part of the SIP. Each part has a table Today’s rule constitutes a effective process permitting elected of contents identifying each regulation ‘‘housekeeping’’ exercise to ensure that officials and other representatives of or each source specific permit. The table all revisions to the state programs that State, local and tribal governments ‘‘to of contents in the compilation have occurred are accurately reflected in provide meaningful and timely input in corresponds to the table of contents 40 CFR part 52. SIP revisions are the development of regulatory proposals published in 40 CFR part 52 for each controlled by EPA regulations at 40 CFR containing significant unfunded state. The Regional EPA Offices have the part 51. When EPA receives a formal SIP mandates.’’ Today’s rule does not create a primary responsibility for ensuring revision request, the Agency must mandate on State, local or tribal accuracy and updating the publish the proposed revision in the governments. The rule does not impose compilations. Federal Register and provide for public comment before approval. any enforceable duties on these entities. Where You Can Find a Copy of the SIP EPA has determined that today’s rule Accordingly, the requirements of Compilation falls under the ‘‘good cause’’ exemption section 1(a) of E.O. 12875 do not apply The Region 4 EPA Office developed in section 553(b)(3)(B) of the to this rule. and will maintain the compilation for Administrative Procedures Act (APA) C. Executive Order 13084 the State of Georgia. A copy of the full which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with Under E.O. 13084, EPA may not issue text of each state’s current compilation a regulation that is not required by will also be maintained at the Office of public participation and section 553(d)(3) which allows an agency to statute, that significantly or uniquely Federal Register and EPA’s Air Docket affects the communities of Indian tribal and Information Center. make a rule effective immediately (thereby avoiding the 30-day delayed governments, and that imposes The Format of the New Identification of effective date otherwise provided for in substantial direct compliance costs on Plan Section the APA). Today’s rule simply codifies those communities, unless the Federal government provides the funds In order to better serve the public, provisions which are already in effect as necessary to pay the direct compliance EPA revised the organization of the a matter of law in Federal and approved costs incurred by the tribal ‘‘Identification of plan’’ section and State programs. governments, or EPA consults with included additional information to Under section 553 of the APA, an those governments. If EPA complies by clarify the enforceable elements of the agency may find good cause where consulting, E.O. 13084 requires EPA to SIP. procedures are ‘‘impractical, The revised Identification of plan unnecessary, or contrary to the public provide to the Office of Management section contains five subsections: interest.’’ Public comment is and Budget, in a separately identified (a) Purpose and scope. ‘‘unnecessary’’ and ‘‘contrary to the section of the preamble to the rule, a (b) Incorporation by reference. public interest’’ since the codification description of the extent of EPA’s prior (c) EPA approved regulations. only reflects existing law. Immediate consultation with representatives of (d) EPA approved source specific notice in the CFR benefits the public by affected tribal governments, a summary permits. removing outdated citations. of the nature of their concerns, and a (e) EPA approved nonregulatory statement supporting the need to issue provisions such as transportation How This Document Complies With the the regulation. In addition, E.O. 13084 control measures, statutory provisions, Federal Administrative Requirements requires EPA to develop an effective control strategies, monitoring networks, for Rule Making process permitting elected officials and etc. A. Executive Order 12866 other representatives of Indian tribal governments ‘‘to provide meaningful When a SIP Revision Becomes The Office of Management and Budget and timely input in the development of Federally Enforceable (OMB) has exempted this regulatory regulatory policies on matters that All revisions to the applicable SIP action from review under Executive significantly or uniquely affect their become federally enforceable as of the Order (E.O.) 12866, entitled Regulatory communities.’’ effective date of the revisions to Planning and Review. Today’s rule does not significantly or paragraphs (c), (d), or (e) of the B. Executive Order 12875 uniquely affect the communities of applicable identification of plan found Indian tribal governments. Accordingly, in each subpart of 40 CFR part 52. Under E.O. 12875, EPA may not issue the requirements of section 3(b) of E.O. a regulation that is not required by 13084 do not apply to this rule. The Historical Record of SIP Revision statute and that creates a mandate upon Approvals a State, local or tribal government, D. Executive Order 13045 To facilitate enforcement of unless the Federal government provides Protection of Children from previously approved SIP provisions and the funds necessary to pay the direct Environmental Health Risks and Safety provide a smooth transition to the new compliance costs incurred by those Risks (62 FR 19885, April 23, 1997), SIP processing system, EPA retains the governments, or EPA consults with applies to any rule that: (1) is original Identification of plan section, those governments. If EPA complies by determined to be ‘‘economically previously appearing in the CFR as the consulting, E.O. 12875 requires EPA to significant’’ as defined under E.O. first or second section of part 52 for provide to the Office of Management 12866, and (2) concerns an each state subpart. After an initial two and Budget a description of the extent environmental health or safety risk that year period, EPA will review its of EPA’s prior consultation with EPA has reason to believe may have a experience with the new system and representatives of affected State, local disproportionate effect on children. If

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Stanley Meiburg, environmental health or safety effects of EPA has determined that the approval Acting Regional Administrator, Region 4. the planned rule on children, and action promulgated does not include a Part 52 of chapter I, title 40, Code of explain why the planned regulation is Federal mandate that may result in Federal Regulations, is amended as preferable to other potentially effective estimated annual costs of $100 million follows: and reasonably feasible alternatives or more to either State, local, or tribal considered by the Agency. governments in the aggregate, or to the PART 52Ð[AMENDED] This rule is not subject to E.O. 13045 private sector. This Federal action because it does not involve decisions 1. The authority citation for part 52 approves pre-existing requirements intended to mitigate environmental continues to read as follows: under State or local law, and imposes health or safety risks. Authority: 42 U.S.C. 7401 et seq. no new requirements. Accordingly, no E. Regulatory Flexibility Act additional costs to State, local, or tribal Subpart LÐGeorgia The Regulatory Flexibility Act (RFA) governments, or to the private sector, result from this action. 2. Section 52.570 is redesignated as generally requires an agency to conduct § 52.590 and the heading and paragraph a regulatory flexibility analysis of any G. Submission to Congress and the (a) are revised to read as follows: rule subject to notice and comment Comptroller General rulemaking requirements unless the § 52.590 Original Identification of plan agency certifies that the rule will not The Congressional Review Act, 5 section. have a significant economic impact on U.S.C. 801 et seq., as added by the Small (a) This section identifies the original a substantial number of small entities. Business Regulatory Enforcement ‘‘Air Implementation Plan for the State Small entities include small businesses, Fairness Act of 1996, generally provides of Georgia’’ and all revisions submitted small not-for-profit enterprises, and that before a rule may take effect, the by Georgia that were federally approved small governmental jurisdictions. This agency promulgating the rule must prior to December 1, 1998. final rule will not have a significant submit a rule report, which includes a * * * * * impact on a substantial number of small copy of the rule, to each House of the 3. A new § 52.570 is added to read as entities because SIP approvals under Congress and to the Comptroller General follows: section 110 and subchapter I, part D of of the United States. EPA will submit a § 52.570 Identification of plan. the Clean Air Act do not create any new report containing this rule and other requirements but simply approve required information to the U.S. Senate, (a) Purpose and scope. This section requirements that the State is already sets forth the applicable State the U.S. House of Representatives, and imposing. Therefore, because the implementation plan for Georgia under the Comptroller General of the United Federal SIP approval does not create section 110 of the Clean Air Act, 42 States prior to publication of the rule in any new requirements, I certify that this U.S.C. 7401, and 40 CFR part 51 to meet action will not have a significant the Federal Register. This rule is not a national ambient air quality standards. economic impact on a substantial ‘‘major’’ rule as defined by 5 U.S.C. (b) Incorporation by reference. number of small entities. Moreover, due 804(2). (1) Material listed in paragraphs (c) to the nature of the Federal-State H. Petitions for Judicial Review and (d) of this section with an EPA relationship under the Clean Air Act, approval date prior to December 1, preparation of flexibility analysis would EPA has also determined that the 1998, was approved for incorporation by constitute Federal inquiry into the provisions of section 307(b)(1) of the reference by the Director of the Federal economic reasonableness of state action. Clean Air Act pertaining to petitions for Register in accordance with 5 U.S.C. The Clean Air Act forbids EPA to base judicial review are not applicable to this 552(a) and 1 CFR part 51. Material is its actions concerning SIPs on such action. Prior EPA rulemaking actions for incorporated as it exists on the date of grounds. Union Electric Co., v. U.S. each individual component of the the approval, and notice of any change EPA, 427 U.S. 246, 255–66 (1976); 42 Georgia compilation has previously in the material will be published in the U.S.C. 7410(a)(2). afforded interested parties the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA F. Unfunded Mandates opportunity to file a petition for judicial review in the United States Court of approval dates after December 1, 1998, Under section 202 of the Unfunded Appeals for the appropriate circuit will be incorporated by reference in the Mandates Reform Act of 1995 within 60 days of such rulemaking next update to the SIP compilation. (‘‘Unfunded Mandates Act’’), signed action. Thus, EPA sees no need in this (2) EPA Region 4 certifies that the into law on March 22, 1995, EPA must rules/regulations provided by EPA in action to reopen the 60-day period for prepare a budgetary impact statement to the SIP compilation at the addresses in filing such petitions for judicial review. accompany any proposed or final rule paragraph (b)(3) are an exact duplicate that includes a Federal mandate that List of Subjects in 40 CFR Part 52 of the officially promulgated State rules/ may result in estimated annual costs to regulations which have been approved State, local, or tribal governments in the Environmental protection, Air as part of the State implementation plan aggregate; or to private sector, of $100 pollution control, Carbon monoxide, as of December 1, 1998. million or more. Under section 205, Hydrocarbons, Incorporation by (3) Copies of the materials EPA must select the most cost-effective reference, Intergovernmental relations, incorporated by reference may be and least burdensome alternative that Lead, Nitrogen dioxide, Ozone, inspected at the Region 4 EPA Office at achieves the objectives of the rule and Particulate matter, Reporting and 61 Forsyth Street, SW., Atlanta, GA is consistent with statutory recordkeeping requirements, Sulfur 30303; the Office of the Federal Register, requirements. Section 203 requires EPA oxides. 800 North Capitol Street, NW., Suite to establish a plan for informing and 700, Washington, DC.; or at the EPA, Air advising any small governments that and Radiation Docket and Information

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Center, Air Docket (6102), 401 M Street, (c) EPA approved regulations. SW., Washington, DC. 20460.

EPA APPROVED GEORGIA REGULATIONS

State effective EPA ap- State citation Title/subject date proval date Comments

391±3±1±.01 ...... Definitions ...... 11/20/94 02/02/96 61 FR 3817 391±3±1±.02 ...... Provisions. 391±3±1±.02(1) ...... General Requirements ...... 03/20/79 09/18/79 44 FR 54047 391±3±1±.02(2) ...... Emission Standards ...... 06/23/96 06/27/96 61 FR 33372 391±3±1±.02(2)(a) ...... General Provisions ...... 01/09/91 01/26/93 58 FR 6093 391±3±1±.02(2)(b) ...... Visible Emissions ...... 01/17/79 09/18/79 44 FR 54047 391±3±1±.02(2)(c) ...... Incinerators ...... 05/01/85 07/06/88 53 FR 25329 391±3±1±.02(2)(d) ...... Fuel-burning Equipment ...... 01/17/79 09/18/79 44 FR 54047 391±3±1±.02(2)(e) ...... Particulate Emission from Manufac- 01/17/79 09/18/79 turing Processes. 44 FR 54047 391±3±1±.02(2)(f) ...... Normal Superphosphate Manufac- 01/17/79 09/18/79 turing Facilities. 44 FR 54047 391±3±1±.02(2)(g) ...... Sulfur Dioxide ...... 12/03/86 58 FR 6093 391±3±1±.02(2)(h) ...... Portland Cement Plants ...... 01/17/79 09/18/79 44 FR 54047 391±3±1±.02(2)(i) ...... Nitric Acid Plants ...... 01/17/79 09/18/79 44 FR 54047 391±3±1±.02(2)(j) ...... Sulfuric Acid Plants ...... 01/17/79 09/18/79 44 FR 54047 391±3±1±.02(2)(k) ...... Particulate Emission from Asphaltic 01/17/79 09/18/79 Concrete Hot Mix Plants. 44 FR 54047 391±3±1±.02(2)(l) ...... Conical Burners ...... 01/17/79 09/18/79 44 FR 54047 391±3±1±.02(2)(m) ...... repealed ...... 06/30/75 10/03/75 40 FR 45818 391±3±1±.02(2)(n) ...... Fugitive Dust ...... 01/17/79 09/18/79 44 FR 54047 391±3±1±.02(2)(o) ...... Cupola Furnaces for Metallurgical 01/27/72 37 FR 10842 Melting. 391±3±1±.02(2)(p) ...... Particulate Emissions from Kaolin 12/16/75 08/20/76 and Fuller's Earth Processes. 41 FR 35184 391±3±1±.02(2)(q) ...... Particulate Emissions from Cotton 01/27/72 05/31/72 Gins. 37 FR 10842 391±3±1±.02(2)(r) ...... Particulate Emissions from Granu- 01/27/72 05/31/72 lar and Mixed Fertilizer Manufac- 37 FR 10842 turing Units. 391±3±1±.02(2)(t) ...... VOC Emissions from Automobile 12/20/94 02/02/96 and Light Duty Truck Manufac- 61 FR 3817 turing. 391±3±1±.02(2)(u) ...... VOC Emissions from Can Coating 01/09/91 10/13/92 57 FR 46780 391±3±1±.02(2)(v) ...... VOC Emissions from Coil Coating 01/09/91 10/13/92 57 FR 46780 391±3±1±.02(2)(w) ...... VOC Emissions from Paper Coat- 01/09/91 10/13/92 ing. 57 FR 46780 391±3±1±.02(2)(x) ...... VOC Emissions from Fabric and 01/09/91 10/13/92 Vinyl Coating. 57 FR 46780 391±3±1±.02(2)(y) ...... VOC Emissions from Metal Fur- 01/09/91 10/13/92 niture Coating. 57 FR 46780 391±3±1±.02(2)(z) ...... VOC Emissions from Large Appli- 01/09/91 10/13/92 ance Surface Coating. 57 FR 46780 391±3±1±.02(2)(aa) ...... VOC Emissions from Wire Coating 01/09/91 10/13/92 57 FR 46780 391±3±1±.02(2)(bb) ...... Petroleum Liquid Storage ...... 01/09/91 10/13/92 57 FR 46780 391±3±1±.02(2)(cc) ...... Bulk Gasoline Terminals ...... 01/09/91 10/13/92 57 FR 46780 391±3±1±.02(2)(dd) ...... Cutback Asphalt ...... 01/17/79 09/18/79 44 FR 54047 391±3±1±.02(2)(ee) ...... Petroleum Refinery ...... 01/09/91 10/13/92 57 FR 46780

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EPA APPROVED GEORGIA REGULATIONSÐContinued

State effective EPA ap- State citation Title/subject date proval date Comments

391±3±1±.02(2)(ff) ...... Solvent Metal Cleaning ...... 01/09/91 10/13/92 57 FR 46780 391±3±1±.02(2)(gg) ...... Kraft Pulp Mills ...... 06/03/88 09/30/88 53 FR 38290 391±3±1±.02(2)(hh) ...... Petroleum Refinery Equipment 06/24/94 02/02/96 Leaks. 61 FR 3817 391±3±1±.02(2)(ii) ...... VOC Emissions from Surface Coat- 04/03/91 10/13/92 ing of Miscellaneous Metal Parts 57 FR 46780 and Products. 391±3±1±.02(2)(jj) ...... VOC Emissions from Surface Coat- 04/03/91 10/13/92 ing of Flat Wood Paneling. 57 FR 46780 391±3±1±.02(2)(kk) ...... VOC Emissions from Synthesized 12/18/80 11/24/81 Pharmaceutical Manufacturing. 46 FR 57486 391±3±1±.02(2)(ll) ...... VOC Emissions from the Manufac- 12/18/80 11/24/81 ture of Pneumatic Rubber Tires. 46 FR 57486 391±3±1±.02(2)(mm) ...... VOC Emissions from Graphic Arts 04/03/91 10/13/92 Systems. 57 FR 46780 391±3±1±.02(2)(nn) ...... VOC Emissions from External 12/18/80 11/24/81 Floating Roof Tanks. 46 FR 57486 391±3±1±.02(2)(oo) ...... Fiberglass Insulation Manufacturing 12/18/80 11/24/81 Plants. 46 FR 57486 391±3±1±.02(2)(pp) ...... Bulk Gasoline Plants ...... 04/03/91 10/13/92 57 FR 46780 391±3±1±.02(2)(qq) ...... VOC Emissions from Large Petro- 04/03/91 10/13/92 leum Dry Cleaners. 57 FR 46780 391±3±1±.02(2)(rr) ...... Gasoline Dispensing FacilityÐ 04/03/91 10/13/92 Stage I. 57 FR 46780 391±3±1±.02(2)(ss) ...... Gasoline Transport Vehicles and 04/03/91 10/13/92 Vapor Collection Systems. 57 FR 46780 391±3±1±.02(2)(uu) ...... Visibility Protection ...... 10/31/85 01/28/86 51 FR 3466 391±3±1±.02(2)(ww) ...... Perchloroethylene Dry Cleaners ..... 11/15/94 06/27/96 Repealed. 61 FR 33372 391±3±1±.02(2)(zz) ...... Gasoline Dispensing FacilitiesÐ 11/12/92 02/02/96 Stage II. 61 FR 3819 391±3±1±.02(2)(ccc) ...... VOC Emissions from Bulk Mixing 11/15/94 02/02/96 Tanks. 61 FR 3817 391±3±1±.02(2)(eee) ...... VOC Emissions from Expanded 11/15/94 02/02/96 Polystyrene Products Manufac- 61 FR 3817 turing. 391±3±1±.02(3) ...... Sampling ...... 11/20/94 02/02/96 61 FR 3817 391±3±1±.02(4) ...... Ambient Air Standards ...... 01/09/91 12/14/92 57 FR 58989 391±3±1±.02(5) ...... Open Burning ...... 05/27/85 08/09/88 53 FR 29890 391±3±1±.02(6) ...... Source Monitoring ...... 11/20/94 02/02/96 61 FR 3819 391±3±1±.02(7) ...... Prevention of Significant Deteriora- 06/13/94 02/02/96 tion of Air Quality. 61 FR 3819 391±3±1±.02(8) ...... New Source Performance Stand- 03/20/79 09/18/79 ards. 44 FR 54047 391±3±1±.02(9) ...... Emission Standards for Hazardous 03/20/79 09/18/79 Air Pollutants. 44 FR 54047 391±3±1±.03 ...... Permits ...... 10/28/92 02/02/96 Paragraph (9) Permit Fees; Para- 61 FR 3819 graph (10) Title V Operating Per- mits; Paragraph (11) Permit by Rule have not been federally approved. 391±3±1±.04 ...... Air Pollution Episodes ...... 11/20/75 08/20/76 41 FR 35184 391±3±1±.05 ...... Regulatory Exceptions ...... 11/22/92 02/02/96 61 FR 3819 391±3±1±.07 ...... Inspections and Investigations ...... 11/20/75 08/20/76 41 FR 35184 391±3±1±.08 ...... Confidentiality of information ...... 11/20/75 08/20/76 41 FR 35184 391±3±1±.09 ...... Enforcement ...... 11/22/92 02/02/96 61 FR 3819 391±3±1±.10 ...... Continuance of Prior Rules ...... 11/22/92 02/02/96 61 FR 3819

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EPA APPROVED GEORGIA REGULATIONSÐContinued

State effective EPA ap- State citation Title/subject date proval date Comments

391±3±10±.01 ...... Definitions ...... 11/22/92 02/02/96 61 FR 3819 391±3±10±.04 ...... Emission Control Inspection Proce- 11/22/92 02/02/96 dures. 61 FR 3819 391±3±10±.07 ...... Qualifications for Mechanic Inspec- 11/22/92 02/02/96 tors. 61 FR 3819 391±3±10±.10 ...... Records ...... 11/22/92 02/02/96 61 FR 3819 391±3±10±.12 ...... Fees ...... 11/22/92 02/02/96 61 FR 3819 391±3±10±.24 ...... Repairs: Reports, Failures, Re- 11/22/92 02/02/96 inspections, Owner's Consent. 61 FR 3819 391±3±10±.30 ...... Completion of Emission Inspection 11/22/92 02/02/96 Sticker, Loss, Theft, Transfer- 61 FR 3819 ability of Same. 391±3±20 ...... Enhanced Inspection and Mainte- 09/24/97 08/11/97 nance. 62 FR 42916 391±3±21±.01 ...... Definitions ...... 05/22/94 12/21/95 60 FR 66150 391±3±21±.02 ...... Covered Area ...... 05/22/94 12/21/95 60 FR 66150 391±3±21±.03 ...... Covered Fleet Operators ...... 05/22/94 12/21/95 60 FR 66150 391±3±21±.04 ...... Covered Fleet Vehicles; Exemp- 05/22/94 12/21/95 tions. 60 FR 66150 391±3±21±.05 ...... Determination of Capable of Being 05/22/94 12/21/95 Centrally Fueled. 60 FR 66150 391±3±21±.06 ...... Purchase Requirements ...... 05/22/94 12/21/95 60 FR 66150 391±3±21±.07 ...... Emission Standards ...... 05/22/94 12/21/95 60 FR 66150 391±3±21±.08 ...... Credit Program ...... 05/22/94 12/21/95 60 FR 66150 391±3±21±.09 ...... Transportation Control Measures ... 05/22/94 12/21/95 60 FR 66150 391±3±21±.10 ...... Requirements for Fuel Providers .... 05/22/94 12/21/95 60 FR 66150 391±3±21±.11 ...... Enforcement ...... 05/22/94 12/21/95 60 FR 66150

(d) EPA-approved State Source specific requirements.

EPA-APPROVED GEORGIA SOURCE-SPECIFIC REQUIREMENTS

State effective EPA ap- Name of source Permit No. date proval date Comments

Georgia Power Plant Bowen ...... EPD±AQC±180 ...... 11/17/80 08/17/81 46 FR 41498 Georgia Power Plant Harllee 4911±117±6716±0 ...... 04/23/80 05/05/81 Branch. 46 FR 25092 ITT Rayonier, Inc ...... 2631±151±7686±C ...... 11/04/80 08/14/81 46 FR 41050 Georgia Power Plant Bowen ...... EPD±AQC±163 ...... 05/16/79 01/03/80 45 FR 781 Union Camp ...... 2631±025±7379 ...... 12/18/81 04/13/82 47 FR 15794 Blue Bird Body Company ...... 3713±111±8601 ...... 01/27/84 01/07/85 50 FR 765 Plant McDonough ...... 4911±033±5037±0 conditions 10 12/27/95 03/18/99 through 22. 64 FR 13348 Plant Yates ...... 4911±038±4838±0 conditions 19 12/27/95 03/18/99 through 32. 64 FR 13348 Plant Yates ...... 4911±038±4839±0 conditions 16 12/27/95 03/18/99 through 29. 64 FR 13348 Plant Yates ...... 4911±038±4840±0 conditions 16 12/27/95 03/18/99 through 29. 64 FR 13348 Plant Yates ...... 4911±038±4841±0 conditions 16 12/27/95 03/18/99 through 29. 64 FR 13348 Plant Atkinson ...... 4911±033±1321±0 conditions 8 11/15/94 03/18/99 through 13. 64 FR 13348

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EPA-APPROVED GEORGIA SOURCE-SPECIFIC REQUIREMENTSÐContinued

State effective EPA ap- Name of source Permit No. date proval date Comments

Plant Atkinson ...... 4911±033±1322±0 conditions 8 11/15/94 03/18/99 through 13. 64 FR 13348 Plant Atkinson ...... 4911±033±6949 conditions 5 11/15/94 03/18/99 through 10. 64 FR 13348 Plant Atkinson ...... 4911±033±1320±0 conditions 8 11/15/94 03/18/99 through 13. 64 FR 13348 Plant Atkinson ...... 4911±033±1319±0 conditions 8 11/15/94 03/18/99 through 13. 64 FR 13348 Plant McDonough ...... 4911±033±6951 conditions 5 11/15/94 03/18/99 through 10. 64 FR 13348 Atlanta Gas Light Company ...... 4922±028±10902 conditions 20 and 11/15/94 03/18/99 21. 64 FR 13348 Atlanta Gas Light Company ...... 4922±031±10912 conditions 27 and 11/15/94 03/18/99 28. 64 FR 13348 Austell Box Board Corporation ...... 2631±033±11436. conditions 1 11/15/94 03/18/99 through 5. 64 FR 13348 Emory University ...... 8922±044±10094 conditions 19 11/15/94 03/18/99 through 26. 64 FR 13348 General Motors Corporation ...... 3711±044±11453 conditions 1 thor- 11/15/94 03/18/99 ough 6 and Attachment A. 64 FR 13348 Georgia Proteins Company ...... 2077±058±11226 conditions 16 11/15/94 03/18/99 through 23 and Attachment A. 64 FR 13348 Owens±Brockway Glass Container, 3221±060±10576 conditions 26 11/15/94 03/18/99 Inc. through 28 and Attachment A. 64 FR 13348 Owens±Corning Fiberglas Corpora- 3296±060±10079 conditions 25 11/15/94 03/18/99 tion. through 29. 64 FR 13348 William L. Bonnell Co ...... 3354±038±6686±0 conditions 17 11/15/94 03/18/99 through 30. 64 FR 13348 Transcontinental Gas Pipe Line 4922±075±10217 conditions 21 11/15/94 03/18/99 Corporation. through 24. 64 FR 13348 Lockheed±Georgia Company ...... 9711±033±11456 conditions 1 11/15/94 03/18/99 through 11. 64 FR 13348 Blue Circle Incorporated Permit ...... 3241±060±8670 conditions 48 11/15/94 03/18/99 through 54. 64 FR 13348

(e) Reserved. allowance. However, during would use direct, as opposed to net, [FR Doc. 99–12488 Filed 5–20–99; 8:45 am] arrangement year 1999–2000 only we premium and expense information for will set the expense allowance at the the property and casualty industry. It BILLING CODE 6560±50±P mid-point between the expense would have the effect of lowering the allowance calculated using direct as expense allowance to participating opposed to net premium and expense companies. FEDERAL EMERGENCY information. On Tuesday, February 9, 1999, we MANAGEMENT AGENCY EFFECTIVE DATE: This rule is effective on held a public meeting to discuss the 44 CFR Part 62 October 1, 1999. proposed rule and other changes to the WYO expense allowance that were FOR FURTHER INFORMATION CONTACT: RIN 3067±AC92 published in an advance notice of Edward T. Pasterick, Federal Emergency proposed rulemaking at 63 FR 63431, National Flood Insurance Program Management Agency, Federal Insurance November 13, 1998. Nineteen people (NFIP); Determining the Write-Your- Administration, 500 C Street SW., room representing fourteen WYO companies Own Expense Allowance 429, Washington, DC 20472, 202–646– and vendors attended this meeting. 3443, (facsimile) 202–646–3445, or AGENCY: Federal Emergency Most of the comments made at the (email) [email protected]. We public meeting duplicated the written Management Agency (FEMA). will post at www.fema.gov/nfip the text ACTION: Final rule. comments submitted in response to the of the 1999–2000 Arrangement by June notice of proposed rulemaking. This SUMMARY: We (FEMA) are changing our 1, 1999. Supplementary Information also method for establishing the Write-Your- SUPPLEMENTARY INFORMATION: On discusses new comments made at that Own (WYO) expense allowance November 13, 1998, we proposed a rule meeting. percentage for years beginning on or at 63 FR 63432 that would change the after October 1, 1999. We will use a new method for establishing the Write Your General Comments formula to derive the expense ratios in Own (WYO) expense allowance Concerns about reduced WYO determining the operating portion of the percentage for arrangement years company compensation. During the expense allowance. This formula will beginning on or after October 1, 1999. comment period, we received comments use direct, as opposed to net, premium We proposed using a new formula to from ten WYO companies that opposed and expense information for the derive the expense ratios used in reducing the WYO expense allowance. property/casualty industry and will determining the operating portion of the The companies agreed that it is have the effect of lowering the expense expense allowance. This new formula reasonable to use direct rather than net

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 27706 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations data in order to establish the expense premiums written plus reinsurance Specific Comments allowance percentage, but the assumed, less reinsurance ceded. During the comment period, a number overarching concern of the companies Reinsurance is not, however, a part of of Write-Your-Own companies was that such a change would reduce the WYO company’s flood business submitted comments for consideration. company compensation. In every case because the Federal Government We believe that we have addressed where a commenter cited the differences assumes liability for all losses. many of the underlying concerns of the or complexities of writing flood Therefore, the expense allowance commenters in the light of the insurance, the underlying concern was should not include reinsurance in the accommodation we are making with this not that we are creating a further calculation of the expense ratio. Using final rule. Since these comments complexity with this rule but that net premium has the effect of including comprise the public record on this reducing the expense allowance will non-applicable reinsurance costs and rulemaking action, we state our position reduce profits. None of the companies, on these comments. however, provided any data to support has had the effect of providing a WYO the assertion that their operating costs company with a level of compensation No ‘‘Built-In’’ Profits that is too high, one that we can no have increased during the fifteen years Five companies expressed concerns longer justify. This rule appropriately of operation of the WYO program. Nor that the proposed change in the expense changes the basis for compensating has the WYO program ever guaranteed allowance has no ‘‘built-in’’ profit companies and is adequate to any set profit margin for participating margin for flood business and that compensate companies for doing companies. companies may not accrue and retain We want to continue the same basic business under the NFIP. interest on investment income—a approach that we have used for more Final Decision on Compensation for potential source of profit. During the than 15 years. That is, we will continue Arrangement Year 1999–2000 fifteen years of the WYO program, the to use published property/casualty expense allowance has never included a industry expense information to derive At the February 9, 1999 public specific profit component in the flood insurance expense allowances. meeting, several companies asked us not expense allowance for participating But we base our new formula on to implement a change in the companies. There is, however, an statistical data that were not available compensation formula from October 1, implicit profit margin because the fifteen years ago when we established 1999 to October 1, 2000 before we study program draws insurers whose costs are the compensation formula, that is, direct the change in more detail. We do not below the expense allowance. Hence, versus net premium. believe such a study is necessary. The they earn a profit. Direct versus net premium. Our use of WYO companies agreed that using Also, private WYO participants, direct rather than net premium more direct as opposed to net data published appropriately, may not retain interest on accurately than before reflects the by A.M. Best is reasonable. We their flood premium income. WYO unique nature of the flood insurance recognize that any decrease in companies participate in the program partnership between the Government compensation will require adjustments without risk, that is, the Arrangement and industry where we assume liability by the WYO companies. Therefore, we guarantees reimbursement for all loss for flood losses, and companies do not have decided to provide a transition payments. The ability to earn a return have to incur costs for reinsurance. A phase before the change we proposed on on invested premiums to pay for losses number of companies that commented November 13, 1998 becomes effective. in other lines of insurance is not a on the proposed change agreed that this consideration in flood insurance. The is a logical approach. At issue are the As an accommodation, we will set the proposed change in the expense specifics of the formula we use to set WYO expense allowance for FY 2000, allowance does not affect that long- compensation for participating which begins on October 1, 1999, at the standing and appropriate restriction. companies. mid-point between the expense We believe that continuing to use net allowance calculated using direct Commissions rather than direct premium for the premium and expense information and One company believed that company property/casualty industry as basis for the expense allowance calculated using profits decrease as companies compete compensation would neglect more net premium and expense information. for business by offering higher refined data now available to us and This will give the companies a one-year commissions as an incentive to attract would also include components that do adjustment period before they agents. We have always maintained that not apply to the NFIP. Fifteen years ago, implement the new method for what a company chooses to compensate the Insurance Expense Exhibit for the calculating the expense allowance. agents is a matter between the company property and casualty insurers did not For the 1999–2000 arrangement year, and the agent. We believe that fifteen provide direct premium and expense the midpoint is 31.7 percent, which percent is a reasonable compensation information comparable to what is compares with the base allowance for figure for agent commissions, which we available today in Aggregates and the current arrangement year of 31.6 account for in the expense allowance; Averages. The result was that we percent. For FY 2001, beginning October however, if a company chooses to calculated an expense allowance that all 1, 2000, we will calculate the WYO increase its commission as a business found in the early days of the program expense allowance using direct incentive, then that is the company’s to be reasonable and acceptable. prerogative. Information on direct premiums, premium and expense information. however, provides a superior indicator We are working with the WYO Reduced Expense Allowance May for computing the expense ratio. Direct companies to develop new incentives Reduce the Number of Participants premiums written represent the for rewarding companies’ marketing Five companies expressed concern aggregate amount of recorded, efforts. These incentives will be in that a reduction in the expense originated premiums—other than addition to the basic WYO expense allowance will hurt the WYO program— reinsurance—written during a year after allowance described above. We intend marginal companies will withdraw and deducting all return premiums. Net to put these new incentives in place on new companies will balk at joining the premiums written include direct October 1, 1999. program. The result, these companies

VerDate 06-MAY-99 15:32 May 20, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.XXX pfrm07 PsN: 21MYR1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27707 believe, will be more business on the these costs are not reimbursable under special training and certification to direct side and less growth in policies. the program. While we do not reimburse adjust flood claims. Reducing the One of our goals is to encourage insurers companies specifically for outsourcing expense allowance does not affect this to participate and at the same time to flood work, the method of determining aspect of a company’s participation in hold the line on program costs which the expense allowance by this rule is the WYO program. Training adjusters is policyholders and taxpayers bear. But as adequate to cover these costs. a cost necessary to do business under with any industry, when competition the flood insurance program, a cost that Agent Training and Education increases, marginal participants may we have taken into consideration in withdraw and new entrants can expect Several companies also expressed setting the expense allowance. less profit. We do not believe that this concern that agents find the flood Higher Company Costs is necessarily a negative consequence. insurance program complicated, which We are also confident in our cost data, complexity creates a demand for Two companies commented that we and we do not believe that the reduction training. Training of company agents is used to provide forms, the flood in the expense allowance will cause the primary responsibility of the insurance policy, manuals, and withdrawals from the program by company, and the expense allowance seminars free of charge to WYO successful companies. accounts for the expenses of a WYO companies. Companies must now cover company to train its agents. Still, we the nominal costs to produce these Reduced Expense Allowance May have made a commitment to help WYO materials and conduct training at their Result in Poor Customer and Agent companies with their agent training in own expense. We recognize that Service the past, and we will continue to do so companies are now paying for some Two companies believed that the in the future. By the end of the current products that were free; however, the proposed reduction in the expense arrangement year, we will have general expense category of the WYO allowance could lead to a deterioration conducted 150 workshops for insurance expense allowance compensates of services to policyholders and agents. agents interested in selling flood companies for these and other costs of We strongly disagree with this position. insurance. The workshops are open not selling and servicing flood insurance. The expense allowance accounts for the only to independent agents but also the Providing companies with free materials costs needed to provide and maintain agents of our WYO partners. We plan to was for companies a further enrichment adequate services to NFIP policyholders hold the same number of workshops for that we can no longer justify. and a profit for efficient companies. agents next year as well. We have also Acceptable Error and Reject Rates helped participating companies develop Inherent Differences Between Flood Two companies expressed concern Insurance and Other Lines training delivery systems of their own by conducting, upon request, train-the- that maintaining acceptable error and Eight companies said that the ‘‘flood trainer sessions on the NFIP for reject levels is costly. Company systems, product’’ is essentially different from company trainers. To give agents they claimed, for standard property and other property/casualty insurance immediate access to underwriting and casualty processing, do not lend products because of the complexity in rating information about the NFIP, we themselves to handling flood business. writing flood insurance. The companies provide on our web site (www.fema.gov/ Therefore, many companies either claim that these complexities, for nfip): outsource this part of their flood example, identifying risks ineligible for business or develop stand-alone • The flood insurance manual, flood insurance under the Coastal • Underwriting information, systems. This is accurate. But again Barrier Resources Act, increase costs. • A list of WYO companies, outsourcing or operating stand-alone There are clearly differences between • Dates and locations of agents systems is no different today than it has flood insurance and other lines of workshops, and been for fifteen years since the start of property and casualty insurance. • Other program information. the WYO program. Outsourcing or Therefore, we believe that the five lines developing stand-alone systems is a cost of property/casualty insurance that we Statistical Reporting of doing business under the program, a have been using are still the best proxy Four companies expressed concern cost that participating companies for compensating WYO companies. But that the WYO program requires monthly willingly assume when they choose to we also believe that using direct rather statistical reporting whereas other lines join the program. than net premium data will provide of property and casualty insurance only Audits WYO companies with adequate require statistical reporting on a compensation for their costs. quarterly basis. This point is accurate. Two companies expressed concern Most other lines require statistical that the WYO program requires an Flood Insurance Rating reporting on a quarterly basis. Even so, independent audit at the expense of the Five companies also highlighted the the WYO program has been requiring company. First, we always have difference in rating methodology for statistical reporting on a monthly basis required such an independent audit at flood and for other lines of property and for fifteen years, and the method of the company’s expense under this casualty insurance. The companies cited setting the expense allowance under program. It is nothing new. In addition, as an example flood maps, which they this rule is adequate to cover reporting independent audits of companies’ called ‘‘antiquated.’’ The companies costs as well. financial statements are not a unique also expressed concern over the use of requirement of the flood insurance ‘‘non-standard’’ forms such as the Unique Adjuster Skills program. Any publicly traded company elevation certificate in the underwriting Four companies also pointed out that requires accountability to its process. Because of these complexities, handling flood claims requires unique shareholders in the form of financial several of these companies have adjuster skills with the adjusters statements that are subject to obtained the services of third parties to certified by the Federal Government. independent audits. Annual statements determine the flood zone on FEMA’s This is also accurate. Adjusters handling by insurance companies to the National maps for rating flood insurance policies. flood claims under the Write Your Own Association of Insurance Commissioners The companies expressed concern that program have, for fifteen years, needed are also subject to an independent audit.

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Program Changes WYO expense allowance every three in the compensation scheme with the Four companies expressed concern years. WYO companies. that frequent program changes require We have always favored using Use of Data Published by A. M. Best published average industry expense additional computer programming, new Three companies commented that printing and publications, more training ratios for other acquisition, general expenses and taxes because neither we since 1994 we have not based the and mailings, as well as more rewriting expense allowance solely on data of policies. These companies offered no nor the WYO companies can affect those ratios. A disadvantage to the alternative published in A. M. Best’s Aggregates specific data to indicate the relationship and Averages. As an incentive for between the program changes and cost approach to the proposed compensation formula is that it would impose an companies to increase the number of increases to implement those changes. flood insurance policies, we set the We believe our data, which justify a additional reporting requirement on the companies and require the NAIC to expense allowance below the amount lower expense allowance, take into indicated by Best’s data, and companies consideration systems and other change the Insurance Expense Exhibit. We believe that for 15 years the formula had the chance to earn additional program changes that participating expense allowance. The companies for compensating the companies has companies must make each year. noted that they believed this was not a been fair and that we should continue true bonus but a penalty if a company Reducing Expenses to use it in its current form based on the did not meet the marketing goal. One company suggested that we best available data. Granted, since 1994, we have not should conduct an analysis of ways to Adverse Impact on Industry Ratios based the expense allowance strictly on reduce expenses while improving Best’s data. We did this because Best’s service to policyholders before One company said that the adverse was simply too high as a basis for proposing to adjust the expense impact on industry ratios and ratings, as company compensation. Beginning in allowance formula. They contended that a result of an insurer’s decision to join arrangement year 1994–1995, we our proposal to reduce the expense the WYO program, should be a factor in determined that the exact amount that a allowance failed to consider how to determining the expense allowance company may retain would be the reduce or eliminate operating costs. The level. We recognize that companies extent to which the company met its responsibility to hold program costs to must report flood insurance activities on marketing goal for the arrangement year a minimum and to provide the highest their financial statements that are used and this amount could exceed the service exists apart from the issue of the to derive industry ratios and ratings. calculated amount. For arrangement expense allowance. We agree that we However, we believe that a company year 1996–1997, a company could must provide improved service at should evaluate the impacts that withhold 32.6 percent of written reduced costs, but our purpose in reporting flood business will have on premium. If a company failed to meet its proposing the new expense allowance their industry ratios and ratings before marketing goal, the percent of retained formula was to take advantage of data deciding to participate in the WYO expense allowance decreased in that were not available when we program. The effect of reporting this proportion to the unmet goal but would established the current formula. These information will vary significantly not fall below 30.6 percent. If a new industry expense data support the among the WYO companies and is not company met its marketing goal, it proposed reduction in the expense easily measured. We do not believe the would retain the entire 32.6 percent. If allowance that, we believe, is adequate impact on industry ratios and ratings a company exceeded the goal, the exact to cover companies’ operating costs. should be a factor in our compensation amount of compensation depended on to companies, nor should it be a Alternative Formula the extent to which the company deterrent to companies participating in exceeded its marketing goal, and the One company proposed an alternative the program. size of the company’s flood business in formula for calculating the expense The Expense Allowance and Marketing relation to the total number of WYO allowance. They suggested that we only Incentives policies. We are discussing alternative use cost data for participating WYO marketing incentives with the companies rather than data for five One company said that the expense companies and plan to address this and property insurance lines and that we allowance should recognize the other concerns in the next arrangement replace the fixed 15 percent commission marketing goals of the program, that is, year. allowance in the current formula with to increase the policy base of the the ‘‘Commission & Brokerage’’ expense program. Part of that recognition, the Company Investments in Flood published in A.M. Best. Under their company claimed, should include Business proposal, the ‘‘Commission & geographic distribution and retention of Four companies commented that they Brokerage’’, ‘‘Other Acq.’’, ‘‘General policyholders. In general, the marketing had made investments to simplify Exp.’’ and ‘‘Taxes’’ would be combined guidelines, which we have and will writing flood insurance, which they and the expense allowance would be set continue to develop in close believed they could recover based on at the mean of this amount plus one coordination with the companies, the current expense allowance. The standard deviation which, would cover address the overall issue of rewarding a companies claimed that a reduced the operating costs of approximately company’s growth. We have not expense allowance would jeopardize two-thirds of the companies. The included incentives designed to reward this recovery. We have always commenter recognized that companies companies for selling and retaining encouraged company investments in would have to report their expenses policies in specific areas of the country their flood insurance business, and we associated with the NFIP and suggested because we do not have the data or believe that the expense allowance, that this be done on a mandatory indicators needed to target areas of the which this rule implements, is adequate separate statement line on the NAIC country for flood insurance marketing. to cover start-up costs and other Insurance Expense Exhibit. This When we have this capability, we will operational improvements. Such company also proposed reporting this discuss whether and how to include investments, when made wisely, result information annually and updating the geographic based marketing incentives in improvements in productivity that

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It is an Arrangement in reimbursement of all of the formula using direct rather net premium administrative action in support of Company’s marketing, operating and simply takes advantage of statistical normal day-to-day activities. It does not administrative expenses, except for allocated data unavailable fifteen years ago when result in nor is it likely to result in an and unallocated loss adjustment expenses we first established the compensation annual effect on the economy of described in C. of this article. This amount will equal the sum of the average of industry formula. This also better reflects the $100,000,000 or more; it will not result nature of the liability for companies expense ratios for ‘‘Other Acq.’’, ‘‘Gen. Exp.’’ in a major increase in costs or prices for and ‘‘Taxes’’ calculated by aggregating because companies do not have to pay consumers, individual industries, for reinsurance for their flood business premiums and expense amounts for each of Federal, State, or local government five property coverages using direct, as since the Federal Government assumes agencies, or geographic regions; and it opposed to net, premium and expense the liability for flood losses. We believe will not have ‘‘significant adverse information to derive weighted average however in the light of both the written effects’’ on competition, employment, expense ratios. For this purpose, we (the comments and the comments we heard investment, productivity, innovation, or Federal Insurance Administration) will use at the February 9, 1999 public hearing on the ability of United States-based data for the property/casualty industry that a one-year transition will serve the enterprises to compete with foreign- published, as of March 15 of the prior interests of the program better. This Arrangement year, in Part III of the Insurance based enterprises. This final rule is Expense Exhibit in A.M. Best Company’s transition will give the NFIP’s industry exempt (1) from the requirements of the partners time to adjust to the change in Aggregates and Averages for the following Regulatory Flexibility Act, and (2) from five property coverages: Fire, Allied Lines, how we calculate the level of the Paperwork Reduction Act. The rule Farmowners Multiple Peril, Homeowners compensation for participating in the is not an unfunded Federal mandate Multiple Peril, and Commercial Multiple WYO program. This rule reflects that within the meaning of the Unfunded Peril (non-liability portion). During the first decision and adjusts the effective date of Mandates Reform Act of 1995, Pub. L. year of this change—arrangement year 1999– the arrangement to coincide with the 104–4. It does not meet the 2000—which begins October 1, 1999, the start of Arrangement Year 1999–2000. $100,000,000 threshold of that Act, and expense allowance is set at the mid-point between the expense allowance calculated National Environmental Policy Act any enforceable duties are imposed as a using direct premium and the expense condition of Federal assistance or a duty allowance calculated using net premium. This rule is categorically excluded arising from participation in a voluntary The Company may retain 15 percent of the from the requirements of 44 CFR Part Federal program. Company’s written premium on the policies 10, Environmental Consideration. We covered by this Arrangement as the have not prepared an environmental List of Subjects in 44 CFR Part 62 commission allowance to meet commissions assessment. Claims, Flood insurance. or salaries of their insurance agents, brokers, or other entities producing qualified flood Executive Order 12866, Regulatory Accordingly, we amend 44 CFR part insurance applications and other related Planning and Review 62, Appendix A, as follows: expenses. The amount of expense allowance retained This rule is not a significant PART 62ÐSALE OF INSURANCE AND by the company may increase a maximum of regulatory action within the meaning of ADJUSTMENT OF CLAIMS 2 percent, depending on the extent to which sec. 2(f) of E.O. 12866 of September 30, the company meets the marketing goals for 1993, 58 FR 51735, and the Office of 1. The authority citation for part 62 the Arrangement year contained in marketing Management and Budget has not continues to read as follows: guidelines established pursuant to Article II.G. We will pay the company the amount reviewed it. Nevertheless, this rule Authority: 42 U.S.C. 4001 et seq.; of any increase after the end of the adheres to the regulatory principles set Reorganization Plan No. 3 of 1978; 43 FR Arrangement year. 41943, 3 CFR, 1978 Comp., p. 329; E.O. forth in E.O. 12866. The Company, with the consent of the 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, Administrator as to terms and costs, may use Paperwork Reduction Act 1979 Comp., p. 376. the services of a national rating organization, This rule does not contain a collection 2. We revise the Effective Date of licensed under state law, to help us of information and is therefore not Appendix A to part 62 to read as undertake and carry out such studies and subject to the provisions of the follows: investigations on a community or individual Paperwork Reduction Act. risk basis, and to determine equitable and Appendix A to Part 62—Federal accurate estimates of flood insurance risk Executive Order 12612, Federalism Emergency Management Agency, premium rates as authorized under the Federal Insurance Administration, National Flood Insurance Act of 1968, as This rule involves no policies that Financial Assistance/Subsidy amended. We will reimburse the Company have federalism implications under Arrangement for the charges or fees for such services under Executive Order 12612, Federalism, the provisions of the WYO Accounting dated October 26, 1987. * * * * * Procedures Manual. Effective Date: October 1, 1999. * * * * * Executive Order 12778, Civil Justice * * * * * Dated: May 20, 1999. Reform 3. We revise the Article III.B of Jo Ann Howard, This rule meets the applicable Appendix A to part 62, to read as Federal Insurance Administrator. standards of section 2(b)(2) of Executive follows: [FR Doc. 99–12930 Filed 5–20–99; 8:45 am] Order 12778. * * * * * BILLING CODE 6718±03±P

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FEDERAL COMMUNICATIONS to Honor, Michigan, as that available for inspection and copying COMMISSION community’s first local FM service. The during normal business hours in the proposal to add the channel to Honor FCC’s Reference Information Center at 47 CFR Part 73 was preferred over a proposal to Portals II, CY–A257, 445 12th Street, [MM Docket No. 95±135; RM±8681] upgrade the operation of Station SW, Washington, DC. The complete text WZTU(FM) by substituting Channel of this decision may also be purchased Radio Broadcasting Services; Bear 264C2 for Channel 261A at Bear Lake, from the Commission’s copy Lake and Honor, MI Michigan. contractors, International Transcription DATES: Effective May 21, 1999. Service, Inc., (202) 857–3800, 1231 20th AGENCY: Federal Communications Street, NW, Washington, DC 20036. Commission. FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Mass Media Bureau, List of Subjects in 47 CFR Part 73 ACTION: Final rule; application for (202) 418–2180. review. Radio broadcasting SUPPLEMENTARY INFORMATION: This is a Federal Communications Commission. SUMMARY: This document denies an synopsis of the Commission’s Application for Review of the Memorandum Opinion and Order, MM Magalie Roman Salas, Memorandum Opinion and Order, 62 Docket No. 95–135, adopted April 26, Secretary. FR 24055 (May 2, 1997), in this 1999, and released May 6, 1999. The full [FR Doc. 99–12799 Filed 5–20–99; 8:45 am] proceeding that allotted Channel 264A text of this Commission decision is BILLING CODE 6712±01±P

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Proposed Rules Federal Register Vol. 64, No. 98

Friday, May 21, 1999

This section of the FEDERAL REGISTER and Independence Avenue SW., region may request permission to export contains notices to the public of the proposed Washington, DC, between 8 a.m. and animals and animal products to the issuance of rules and regulations. The 4:30 p.m., Monday through Friday, United States under specified purpose of these notices is to give interested except holidays. Persons wishing to conditions, based on the region’s persons an opportunity to participate in the inspect comments are requested to call disease status. rule making prior to the adoption of the final rules. ahead on (202) 690–2817 to facilitate On the same date, we also published entry into the comment reading room. a policy statement (62 FR 56027–56033, FOR FURTHER INFORMATION CONTACT: Dr. Docket No. 94–106–8) that explained DEPARTMENT OF AGRICULTURE Michael David, Senior Staff that we will evaluate such requests on Veterinarian, National Center for Import a case-by-case basis by analyzing the Animal and Plant Health Inspection and Export, VS, APHIS, 4700 River level of disease risk involved. Levels of Service Road, Unit 39, Riverdale, MD 20737, risk exist upon a continuum. However, (301) 734–5034. we established five benchmark 9 CFR Part 94 SUPPLEMENTARY INFORMATION: categories—negligible, slight, low, [Docket No. 98±034±1] moderate, and high—to give foreign Background regions a general idea of where they fit RIN 0579±AA96 The Animal and Plant Health upon the risk continuum. According to Importation of Poultry Meat and Other Inspection Service (APHIS) of the U.S. our policy, once we have established the Poultry Products From Sinaloa and Department of Agriculture (USDA) level of disease risk associated with the Sonora, Mexico regulates the importation of animals and unrestricted importation of a particular animal products into the United States type of animal or animal product, we AGENCY: Animal and Plant Health to guard against the introduction of will determine the import conditions Inspection Service, USDA. animal diseases not currently present or needed to reduce that risk to a negligible ACTION: Proposed rule. prevalent in this country. The level. Because of the number of regulations pertaining to the potential variables and the vast number SUMMARY: We are proposing to amend importation of animals and animal of possible combinations of those the regulations concerning the products are set forth in the Code of variables in assessing the risk of the importation of animal products to Federal Regulations (CFR), title 9, unrestricted importation of animals and relieve certain restrictions on the chapter I, subchapter D (9 CFR parts 91 animal products from a region, the importation of poultry meat and other through 99). precise combination of measures poultry products from the Mexican Until recently, the regulations in parts necessary to reduce the risk of disease States of Sinaloa and Sonora. Currently, 91 through 99 governed the importation introduction to a negligible level will because of the existence of exotic of animals and animal products likely vary from region to region Newcastle disease in Mexico, poultry according to the recognized animal depending on the commodities to be meat and other poultry products from disease status of the exporting country. imported and the diseases of concern. Sinaloa and Sonora must be cooked, In general, if a disease occurred The factors that we will consider in sealed, and packaged, to certain anywhere within a country’s borders, determining the level of risk associated specifications, to be eligible for the entire country was considered to be with unrestricted importation of a importation into the United States. This affected with the disease, and particular type of animal or animal proposal would establish new, less importations of animals or animal product from a region are: restrictive conditions for the products from anywhere in the country 1. The authority, organization, and importation of poultry meat and other were regulated accordingly. However, infrastructure of the veterinary services poultry products from Sinaloa and international trade agreements entered organization in the region. Sonora into the United States. This into by the United States—specifically, 2. The type and extent of disease action is based on a risk assessment the North American Free Trade surveillance in the region—e.g., is it indicating that such importations would Agreement and the General Agreement passive and/or active; what is the present a negligible risk of introducing on Tariffs and Trade—require APHIS to quantity and quality of sampling and exotic Newcastle disease into the United recognize regions, rather than only testing? States. countries, as well as levels of risk, for 3. Diagnostic laboratory capabilities. DATES: Consideration will be given only the purpose of regulating the 4. Disease status—is the disease agent to comments received on or before July importation of animals and animal known to exist in the region? If ‘‘yes,’’ 20, 1999. products into the United States. at what prevalence? If ‘‘no,’’ when was ADDRESSES: Please send an original and Consequently, on October 28, 1997, we the most recent diagnosis? three copies of your comments to published in the Federal Register a final 5. The extent of an active disease Docket No. 98–034–1, Regulatory rule (62 FR 56000–56026, Docket No. control program, if any, if the agent is Analysis and Development, PPD, 94–106–9, effective November 28, 1997) known to exist in the region. APHIS, suite 3CO3, 4700 River Road, that established procedures for 6. The vaccination status of the Unit 118, Riverdale, MD 20737–1238. recognizing regions and levels of risk for region. When was the last vaccination? Please state that your comments refer to the purpose of regulating the What is the extent of vaccination if it is Docket No. 98–034–1. Comments importation of animals and animal currently used, and what vaccine is received may be inspected at USDA, products. In that rule, we also being used? room 1141, South Building, 14th Street established procedures by which a 7. Disease status of adjacent regions.

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8. The degree to which the region is Mexican agricultural officials were Newcastle disease either seriologically separated from regions of higher risk exclusively interested in the exportation or by virus isolation. through physical or other barriers. of poultry meat and other poultry 4. The last case of END in Sinaloa or 9. The extent to which movement of products and not live poultry to the Sonora was reported in 1989, and animals and animal products is United States. Mexico declared both States free of the controlled from regions of higher risk, Based on the information presented to disease in 1993. The States of and the level of biosecurity regarding APHIS by the Government of Mexico Chihuahua, Durango, and Baja such movements. and our site visit to Sinaloa and Sonora, California, which border Sinaloa and 10. Livestock demographics and we have established the following facts, Sonora, have been recognized by marketing practices in the region. which correspond with the factors listed Mexico as free of END. The State of 11. Policies and infrastructure for previously for determining the risk Nayarit, which borders Sinaloa to the animal disease control in the region— associated with unrestricted importation south, is the only State that borders i.e., emergency response capacity. of a particular commodity from a region: Sinaloa that has not been recognized by The regulations in part 94 pertain to, 1. In Mexico, animal health functions Mexico as free of END. However, the among other things, the importation of are carried out by officials at the Federal last outbreak of END in Nayarit was meat and other animal products into the level, who set policy, and by officials at reported in 1989. United States. Currently, § 94.6 governs the State level, who carry out program 5. Before 1992, Mexico’s END the importation of carcasses, or parts or operations. The success of all disease eradication program was primarily products of carcasses, of poultry, game eradication or control programs in focused on movement control. birds, or other birds, from regions where Mexico largely depends on the Surveillance and testing were passive, exotic Newcastle disease (END) is relationship between these two levels of considered to exist. Specifically, the with samples submitted from reported government and between governmental suspect cases. The program was regulations allow carcasses, or parts or officials and the livestock industry. In products of carcasses of poultry, to be strengthened in 1992, when poultry Sinaloa and Sonora, a collaborative producers enrolled their flocks in a imported from regions where END is relationship exists between the poultry national END certification program. considered to exist for consumption if: producer associations and State and During the last 3 years, the eradication (1) The poultry is packed in Federal animal health officials. The program has been further strengthened hermetically sealed containers and success of the END eradication program by the participation of additional States, cooked by a commercial method after in Sinaloa and Sonora has been largely and by the initiation of active such packing to produce articles that are due to the dedication and commitment surveillance in the declared free States. shelf stable without refrigeration, (2) the of the industry and its willingness to States that move into the ‘‘eradication’’ poultry is thoroughly cooked and work with animal health officials. In phase of the campaign (no cases of END appears to have a thoroughly cooked addition, State and Federal laws, for at least 12 months) must establish an appearance throughout upon APHIS regulations, policies, and infrastructure inspection at the port of arrival, or, (3) in Sinaloa, Sonora, and Mexico appear emergency response team. the poultry is imported under permit to be adequate to restrict movements of 6. Sinaloa and Sonora use the same after APHIS determines the importation poultry and poultry products into vaccination method practiced in the as such will not constitute a risk of Sinaloa and Sonora from any regions of United States: only lentogenic (low introducing or disseminating END into Mexico where END may exist. path) strains of Newcastle disease are the United States. 2. Prior to Mexico’s declaration of used. We are proposing to establish a new Sinaloa and Sonora as free of END in 7. Sonora is bounded on the west by § 94.22, as discussed later in this May 1993, Sinaloa and Sonora State the Gulf of California, on the east by the document, to allow the importation of officials conducted serological surveys Sierra Madre mountain ranges and the poultry meat and other poultry products of all their commercial and backyard State of Chihuahua, on the north by the from the States of Sinaloa and Sonora, poultry flocks to verify the State’s END- United States and the Mexican State of Mexico, under conditions less free status. These surveys were repeated Baja California, and on the south by the restrictive than provided in § 94.6. again in 1997 and 1998. Sinaloa and State of Sinaloa. Baja California, Sonora have maintained active Chihuahua, and Sinaloa have each been Our Proposal surveillance on commercial poultry declared free of END by the Government In June 1994, the Government of populations since 1993, with 100 of Mexico and have active disease Mexico officially requested that the percent of commercial populations surveillance and animal control United States recognize the Mexican under active surveillance in 1997. All programs as described above. States of Sinaloa and Sonora as free of samples taken from commercial poultry Sinaloa is bounded on the west by the END. In February 1997, a team of APHIS populations since 1993 have tested Gulf of California, on the east by the veterinarians conducted a site visit to negative for END. Small, private States of Chihuahua and Durango and verify that Sinaloa and Sonora were free ‘‘backyard’’ poultry populations have the Sierra Madre mountain ranges, on of END and had the veterinary been systematically sampled for END the north by the State of Sonora, and on infrastructure, disease control programs, since 1997. All ‘‘backyard’’ flock the south by the State of Nayarit. Both diagnostic capabilities, and surveillance samples taken since that time have also Durango and Chihuahua have been programs necessary to prevent a tested negative for END. recognized by the Government of recurrence of the disease. The site visit 3. Samples from commercial farms in Mexico as free of END. Nayarit has not confirmed the information presented in Sinaloa and Sonora and backyard flocks been officially recognized as free from the request by the Mexican Government. in Sinaloa are monitored for diseases at END, but has not had an outbreak of Copies of the APHIS site visit report a Federally approved laboratory in END since 1989. may be obtained by contacting the Ciudad Obregon, Sonora. Samples from 8. The only adjacent area of higher person listed under FOR FURTHER backyard flocks in Sinaloa are risk for Sinaloa is the State of Nayarit. INFORMATION CONTACT. The APHIS team monitored at the central diagnostic Man-made controls are in place along also determined that the poultry laboratory outside Mexico City. Both the Sinaloa-Nayarit border, and were industries of Sinaloa and Sonora and laboratories have the capability to detect judged to be adequate by the site-visit

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Trade and travel through the (Therefore, as described later in this from other regions of Mexico in transit maritime ports and international document, we are proposing to allow to the United States. We believe that the airports are strictly monitored, as is the importation of poultry meat and proposed import conditions would vehicular movement within each State. other poultry products that are derived provide protection against the Commercial vehicles with agricultural only from poultry that were raised in occurrence of any of these scenarios. cargo must present proper sanitary Sinaloa or Sonora and slaughtered in Following the list of import conditions documentation for the cargo or entry is Sinaloa or Sonora at a federally is our basis for them. denied. In addition, all vehicles entering inspected slaughter plant. The slaughter Sinaloa and Sonora from Nayarit are plant would have to be operated under Proposed Conditions inspected. Poultry products produced in the direct supervision of a full-time 1. The poultry meat or other poultry States of lower health status than that of salaried veterinarian of the Government products must be derived from poultry Sinaloa and Sonora may be imported of Mexico and approved by USDA’s that were born and raised in Sinaloa or only if the products meet time and Food Safety and Inspection Service Sonora and slaughtered in Sinaloa or temperature processing requirements (FSIS).) Sonora at a federally inspected slaughter and originate from a slaughter plant 11. State and Federal laws, plant under the direct supervision of a approved and inspected by a full-time regulations, policies, and infrastructure full-time salaried veterinarian of the salaried veterinarian of the Government in Sinaloa and Sonora and the rest of Government of Mexico, and the of Mexico. Mexico appear to be adequate to slaughter plant must be approved to 10. Commercial poultry production in maintain surveillance and control of export poultry meat and other poultry Sinaloa is concentrated among a END and to eradicate END rapidly in the products to the United States in handful of producers on about 65 event of an outbreak in the States of accordance with 9 CFR 381.196. premises, who collectively own about 3 Sinaloa or Sonora. 2. If processed in any manner, the million laying hens and 28 million These findings are described in poultry meat or other poultry products further detail in a qualitative risk broiler chickens. One company alone must be processed at a Federally assessment that we prepared in owns 90 percent of the State’s broiler inspected processing plant in Sinaloa or accordance with the regionalization chickens, and this company, along with Sonora under the direct supervision of final rule and policy statement two others, owns 50 percent of Sinaloa’s a full-time salaried veterinarian of the discussed previously. Our qualitative laying hens. Broiler chickens in Sinaloa Government of Mexico. are vaccinated against Newcastle risk assessment concerning the 3. The poultry meat or other poultry disease when they are 12 days old and importation of poultry meat and other products may not have been in contact are housed in highly integrated poultry products from Federally with poultry from any State in Mexico operations similar to those found in the inspected slaughtering establishments other than Sinaloa and Sonora or from United States. Such fully integrated in Sinaloa and Sonora may be obtained any other region not listed in § 94.6 as operations in Sinaloa implement by contacting the person listed under a region where END is not known to excellent biosecurity measures at all FOR FURTHER INFORMATION CONTACT. The exist. levels of production. risk assessment indicated that the Commercially produced broilers in importation of poultry meat and other 4. The foreign meat inspection Sinaloa are processed in the only poultry products from federally certificate for the poultry meat or other Federally approved inspection plant in inspected slaughtering establishments poultry products (required by FSIS the State, which processes an average of in Sinaloa and Sonora, Mexico, would under 9 CFR 381.197) must be signed by 120,000 birds per day. The integrated present a negligible risk of introducing a full-time salaried veterinarian of the company that owns and operates the END into the United States. Government of Mexico. The certificate plant does not process birds from any Based on the finding of negligible must include statements that certify the other source. risk, we are proposing to relieve above conditions have been met. The Sinaloa produces sufficient broilers restrictions on the importation of certificate must also show the seal and table eggs to meet its consumption poultry meat and other poultry products number on the shipping container if a demands. Surplus meat and eggs (about from Sinaloa and Sonora, Mexico. seal is required (see below). 70 percent of egg production and 30 However, we are proposing to allow the 5. In addition, if the poultry meat or percent of meat production) are poultry meat and other poultry products other poultry products are going to exported to other Mexican States. to be imported only under certain transit any State in Mexico other than Commercial poultry production in conditions, to help prevent the Sinaloa or Sonora or any other region Sonora consists of one company, which possibility that poultry meat and other not listed in § 94.6 as a region where maintains only six production farms. poultry products from poultry raised in END is not known to exist en route to Broiler chickens are processed at an regions of Mexico other than Sinaloa or the United States, a full-time salaried integrated company-owned plant, which Sonora could be exported to the United veterinarian of the Government of processes 10,000 birds per day, and the States via Sinaloa or Sonora. We want Mexico must apply serially numbered meat is sold locally or is shipped to to prevent the following possibilities: seals to the containers carrying the cities in northern Baja California. That poultry from regions of Mexico poultry meat or other poultry products Sonora also produces about 15 other than Sinaloa or Sonora could be at the Federally inspected slaughter or percent of the national production of moved to Sinaloa or Sonora for processing plant in Sinaloa or Sonora, table eggs. slaughter, processing, and export to the and the seal numbers must be recorded The number of backyard flocks in United States; that poultry meat or other on the foreign meat inspection Sinaloa and Sonora constitutes a small poultry products from other regions certificate.

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6. Prior to its arrival in the United and the containers arrive in the United from a foreign country into the United States, the shipment of poultry meat or States with the seals intact. The seal States. other poultry products may not have numbers would have to be listed on the This proposed rule would amend the been in any State in Mexico other than foreign meat inspection certificate that regulations to relieve certain restrictions Sinaloa or Sonora or in any other region accompanies the shipment. This on the importation of poultry meat and not listed in § 94.6 unless the poultry precaution would ensure that the other poultry products from the States meat or poultry products have remained poultry meat and other poultry products of Sinaloa and Sonora, Mexico, by under seal until arrival at the U.S. port have remained in closed containers establishing new conditions for the and either (1) the numbers on the seals during transit to the United States and importation of poultry meat and other match the numbers on the foreign meat have not become contaminated. poultry products from Sinaloa and inspection certificate or (2) if the This proposed rule would also allow Sonora into the United States. numbers on the seals do not match the the importation of the poultry meat and Currently, no poultry slaughter numbers on the foreign meat inspection other poultry products in containers facilities in the States of Sinaloa or certificate, an APHIS representative at bearing seals with different numbers Sonora are approved to export poultry the port of arrival is satisfied that the than those listed on the foreign meat meat or other poultry products to the poultry meat or poultry products were inspection certificate if our port United States by the Food Safety and not contaminated during movement to inspectors can determine that an official Inspection Service (FSIS) of the U.S. the United States. of the Government of Mexico opened Department of Agriculture. Poultry processing facilities in Sinaloa and Basis for Proposed Conditions the original seals and then applied new seals. We realize the need to allow some Sonora will need FSIS approval prior to We are proposing to require that the flexibility in shipping and recognize exporting poultry to the United States. poultry meat and other poultry products that valid reasons may exist for the Further, based on the following come only from poultry slaughtered at opening of containers and for the analysis, we anticipate that if and when Federally inspected slaughter plants in Mexican facilities receive FSIS approval changing of numbers in transit. For Sinaloa and Sonora that are approved to to export poultry meat or other poultry example, many flights from Sinaloa and export poultry meat and other poultry products to the United States, the Sonora to the United States stop in products to the United States in economic effect of those imports on U.S. Mexico City, and the containers may accordance with 9 CFR 381.196. Such producers and processors will be have to be opened for inspection by plants only accept poultry for slaughter minimal. Mexican customs officials. if it is raised under adequate biosecurity As part of our analysis, we compared for commercial sale. This proposed Executive Order 12866 and Regulatory the expected benefits of poultry imports requirement would serve as an Flexibility Act from Sinaloa and Sonora to the expected additional safeguard against the costs resulting from a possible disease possibility that poultry meat or other This proposed rule has been reviewed outbreak. A qualitative risk assessment poultry products from poultry raised in under Executive Order 12866. The rule prepared by APHIS indicates that the backyard farms could be exported to the has been determined to be significant expected costs of disease introduction United States. for the purposes of Executive Order are likely to be zero, as the proposed We are proposing that processed 12866 and, therefore, has been reviewed imports pose a low probability of poultry meat or other poultry products by the Office of Management and causing an outbreak of END in the from Sinaloa and Sonora come only Budget. United States. The hazard of concern from Federally inspected processing In accordance with 5 U.S.C. 603, we regarding these potential imports is plants in Sinaloa and Sonora because have performed an Initial Regulatory exotic Newcastle disease (END). those plants must meet FSIS Flexibility Analysis, which is The benefits of allowing poultry requirements in order to be approved to summarized below, regarding the imports from Sinaloa and Sonora under export poultry meat or other poultry impact of this proposed rule on small less restrictive conditions are calculated products to the United States in entities. This analysis also serves as our as the net change in consumer and accordance with 9 CFR 381.195 through cost-benefit analysis under Executive producer surplus that results from the 381.209. Further, those plants are under Order 12866. Based on the information estimated volume of trade. Assuming the direct supervision of full-time we have, there is no basis to conclude that, among other things, poultry meat salaried veterinarians of the that this rule will result in any and other poultry products from Sinaloa Government of Mexico. significant economic impact on a and Sonora would be a perfect The proposed requirement that the substantial number of small entities. substitute for domestic poultry meat and poultry meat and other poultry products However, we do not currently have all other poultry products, it is estimated may not have been in contact with of the data necessary for a that the net benefits of the proposed poultry from any State in Mexico other comprehensive analysis of the effects of imports would be positive. Allowing than Sinaloa or Sonora, or from regions this proposed rule on small entities. importations of poultry meat and other other than those listed in 94.6, is Therefore, we are inviting comments on poultry products from Sinaloa and intended to ensure that the poultry meat potential effects. In particular, we are Sonora would cause U.S. farm gate and other poultry products were not interested in determining the number prices to decrease marginally, benefiting exposed to END. and kind of small entities, especially in U.S. consumers. We are proposing to allow the poultry the southwestern border states, that may Our economic analysis examines the meat and other poultry products to incur benefits or costs from the potential economic effects of such transit other regions not listed in § 94.6 implementation of this proposed rule. imports under low- (100 metric tons per en route to the United States if the In accordance with 21 U.S.C. 111, the year), medium- (1,000 metric tons per poultry meat and other poultry products Secretary of Agriculture is authorized to year), and high- (5,000 metric tons per are shipped in containers sealed with promulgate regulations to prevent the year) volume scenarios. We chose these serially numbered seals at the Federally introduction or dissemination of the levels because 5,000 metric tons is the inspected slaughtering plant or contagion of any contagious, infectious, highest volume of poultry meat Mexico processing plant in Sinaloa or Sonora or communicable disease of animals has ever exported to the world. Further,

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.047 pfrm04 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27715 recently, there have been years when percent of national production, while According to the 1992 Census of Mexico has exported no poultry meat. the eight largest companies produced Agriculture, in 1992, California’s Therefore, we used the above import about 56 percent. average sales by small broiler farms level scenarios based on Mexico’s The potential economic effects of the ($97,540) were higher than the national poultry export history, proposed importation of poultry meat average ($85,883), while sales in Texas For the low-volume scenario, and other poultry products from the were lower ($73,429). There are no consumer surplus is estimated to Mexican States of Sinaloa and Sonora comparable data for Arizona’s and New increase by $67,172 (1996 dollars) and on national, regional, and local poultry Mexico’s broiler farmers. producer surplus would decrease by producers are dependent on a number of Whether we consider the United $67,166, resulting in a net annual factors, such as where the products States as a whole or only selected benefit of $6. The price of poultry would be consumed in the United southwestern States, the overwhelming would fall by $0.006 per metric ton. The States. While it is currently unknown majority of poultry farms are small medium-volume scenario shows an exactly how poultry meat and other entities. It is reasonable to conclude increase in consumer surplus of poultry products from Sinaloa and that, if U.S. poultry producers are $671,734, a decrease in producer Sonora would enter U.S. marketing and affected by this proposed rule, a surplus of $671,645, and a net benefit of distribution channels and where they substantial number would be small $89. The price of poultry would would ultimately be consumed, it is entities. decrease by $0.063 per metric ton. likely that they would be shipped by Economic Impact on Small Entities Under the high-volume scenario, truck through Nogales, AZ. Other U.S. There is no general rule that sets consumer surplus would rise by States in the region that could receive threshold or trigger levels for $3,358,942, and producer surplus would poultry from Sinaloa and Sonora are ‘‘significant economic impact;’’ fall by $3,357,902, for a net benefit of California, New Mexico, and Texas. It is however, it has been suggested that an $1,040. Poultry prices would decrease unclear whether poultry from Sinaloa by $0.30 per metric ton. It is apparent economic effect that equals a small and Sonora would be consumed only in business’ profit margin—5 to 10 percent that expected impacts are very small for these four States. If poultry from Sinaloa each of the scenarios. of annual sales—could be considered and Sonora were purchased by a local significant.1 The United States’ Poultry Market retail chain or wholesaler, it would We used estimated changes in Since the mid-1960s, there have been likely be consumed regionally. If it were producer surplus together with the 1992 dramatic changes in the market purchased by a national wholesaler, it Census of Agriculture data on poultry structure, production technology and could be consumed anywhere in the inventories and poultry sales to develop retail marketing of broiler products. United States. The effect on small very rough estimates of the economic Production efficiency has been producers would be more pronounced if impact of the proposed rule on small increased by continuing improvements Sinaloa and Sonora imports affected poultry farmers across the United States in genetics, nutrition, housing, only California, Arizona, New Mexico, and in selected southwestern States. To equipment, disease control, and and Texas producers. For the purpose of do this, we assumed that losses in management. Improved production this analysis, we examined both the producer surplus are shared equally efficiency is demonstrated in the possibility that poultry meat and other among all poultry farms in the reduction of feed and time required for poultry products from Sinaloa and geographic area under consideration producing a broiler chicken. Growing a Sonora would be consumed locally in (either the entire United States or 4.5 lb. broiler in 1940 required 14 weeks these four southwestern States, and also selected southwestern States). We then and 4 lb. of feed per pound of live bird. the possibility that they would enter compared per farm changes in producer Today, the same size bird can be national distribution channels. surplus with small farms’ annual sales produced in 6.5 weeks with less than 2 The Small Business Administration to determine whether the economic lb. of feed per pound of bird. (SBA) defines small poultry farms effects approached the 5–10 percent Managerial decisionmaking has (Standard Industrial Code 0251) as those threshold. shifted from single proprietorship earning less than $500,000 in annual If poultry meat and other poultry farming operations to vertically sales, except for sales of chicken eggs. products from Sinaloa and Sonora integrated poultry producing- Industry experts suggest that only those entered national distribution channels processing-marketing firms, in which poultry operations producing in excess and, therefore, economic effects were production and marketing decisions are of 270,000 broiler chickens would earn shared by all U.S. producers, there centralized in a single entity that is $500,000 or more in sales annually. would not be a significant economic either owned directly or controlled According to the SBA definition, at impact on small entities no matter through contracts. least 99 percent of poultry farms in which level (low, medium, or high Improvement in poultry house Arizona, New Mexico, and Texas and 97 volume) of imports is assumed. technology enables producers to raise percent of poultry farms in California Producer surplus losses per U.S. poultry chickens in large confinement units are small entities. There were 1,425 farm would range from $2 to $103 per throughout the year, resulting in small poultry farms in the four states in year, and these amounts are increased production efficiency and 1992, and only 7 farms with estimated substantially less than 1 percent of the consequent reductions in production annual revenues greater than $500,000. typical small poultry farmer’s annual cost. By 1995, almost all (99 percent) For the United States as a whole, in sales in every scenario. broilers were produced by vertically 1992, there were an estimated 11,626 If, under the high-volume scenario, integrated companies. In 1978, in the small poultry farms, and 14 large the maximum 5,000 metric tons were United States, the four largest broiler poultry farms. Although some structural imported annually from Sinaloa and companies controlled 21.4 percent of changes may have occurred among Sonora and consumed locally in national production, and the eight broiler producers since the 1992 Census Arizona, California, New Mexico, and largest broiler companies controlled of Agriculture, it can be assumed that Texas, there likely would not be a 36.1 percent. By 1992 the four largest poultry farms remain predominantly companies produced approximately 41 small entities. 1 Verkuil, Duke Law Journal, 1982.

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.048 pfrm04 PsN: 21MYP1 27716 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules significant economic impact on small other poultry products from Sinaloa and proposed rule would not present a entities no matter which level (low, Sonora under conditions different from significant risk of introducing or medium, or high volume) of imports is those proposed; or (3) proposing to disseminating END into the United assumed. Producer surplus losses per allow the importation of poultry and States and would not have a significant poultry farm in the selected poultry products from Sinaloa and impact on the quality of the human southwestern States would range from Sonora under the conditions proposed environment. Based on the finding of no $10 to $488 per year, and these amounts in this document. significant impact, the Administrator of are less than 1 percent of the typical We rejected the first alternative the Animal and Plant Health Inspection small California or Texas poultry because poultry meat and other poultry Service has determined that an farmer’s annual sales in every scenario. products from Sinaloa and Sonora environmental impact statement need Since we have no data available on sales appear to present little risk of not be prepared. in Arizona and New Mexico, we cannot introducing END into the United States, The environmental assessment and determine the effect of this proposal on and taking no action would not be finding of no significant impact were producers in those States. scientifically defensible and would be prepared in accordance with: (1) The A substantial number (99 percent) of contrary to trade agreements entered National Environmental Policy Act of U.S. broiler farms meet the SBA size into by the United States. We also 1969, as amended (NEPA) (42 U.S.C. criteria for designation as small entities. rejected the second alternative, which 4321 et seq.), (2) regulations of the However, the proposed rule is not likely would allow the importation of poultry Council on Environmental Quality for to have a significant economic impact meat and other poultry products from implementing the procedural provisions on them. Even under the high-volume Sinaloa and Sonora under conditions of NEPA (40 CFR parts 1500–1508), (3) import assumption, there would not be other than those proposed. We believe USDA regulations implementing NEPA a significant economic impact on small that using conditions less stringent than (7 CFR part 1b), and (4) APHIS’ NEPA U.S. poultry farms, no matter where the those proposed for the importation of Implementing Procedures (7 CFR part Mexican poultry is imported and poultry meat and other poultry products 372). consumed. Under the most extreme from Sinaloa and Sonora would increase Copies of the environmental assumptions (imports of 5,000 metric the risk of the introduction of END into assessment and finding of no significant tons and limited geographic area the United States to more than a impact are available for public affected), small poultry producers in negligible level and that using more inspection at USDA, room 1141, South California and Texas would experience stringent conditions would be Building, 14th Street and Independence losses in producer surplus equaling less unnecessarily restrictive. We believe the Avenue SW., Washington, DC, between than 1 percent of annual sales, which proposed conditions to be both effective 8 a.m. and 4:30 p.m., Monday through does not meet the suggested criteria for and necessary in reducing to a Friday, except holidays. Persons significant economic impact. Further, negligible level the risk of the wishing to inspect copies are requested we expect that this action will have a introduction of END through the to call ahead on (202) 690–2817 to similar effect on small poultry importation of poultry meat and other facilitate entry into the reading room. In producers in Arizona and New Mexico, poultry products imported into the addition, copies may be obtained by though we do not have the data to United States from Sinaloa and Sonora, writing to the individual listed under confirm this. Mexico. Further, we invite public FOR FURTHER INFORMATION CONTACT. If this rule is adopted, it is very comment on the risk-mitigating controls Paperwork Reduction Act unlikely that a volume of 5,000 metric and requirements we have proposed in tons of poultry meat or other poultry this document. In accordance with section 3507(d) of products will be exported from Sinaloa The proposed changes to the the Paperwork Reduction Act of 1995 and Sonora to the United States since regulations would result in new (44 U.S.C. 3501 et seq.), the information Mexico is not a major exporter of information collection or recordkeeping collection or recordkeeping poultry meat or other poultry products. requirements, as described below under requirements included in this proposed Mexico had yearly world exports of the heading ‘‘Paperwork Reduction rule have been submitted for approval to 5,000 metric tons of poultry meat and Act.’’ the Office of Management and Budget poultry products in 1990, 1991, and (OMB). Please send written comments 1992. However, in 1993, 1994, 1995, Executive Order 12988 to the Office of Information and Mexico exported no poultry meat and This proposed rule has been reviewed Regulatory Affairs, OMB, Attention: other poultry products, and since 1996 under Executive Order 12988, Civil Desk Officer for APHIS, Washington, DC has exported less than 1000 metric tons Justice Reform. If this proposed rule is 20503. Please state that your comments of poultry meat and other poultry adopted: (1) All State and local laws and refer to Docket No. 98–034–1. Please products annually. regulations that are inconsistent with send a copy of your comments to: (1) Further, even under the high-volume this rule will be preempted; (2) no Docket No. 98–034–1, Regulatory scenario (5,000 metric tons), Mexico’s retroactive effect will be given to this Analysis and Development, PPD, exports to the United States represent rule; and (3) administrative proceedings APHIS, suite 3C03, 4700 River Road less than .05 percent of total U.S. will not be required before parties may Unit 118, Riverdale, MD 20737–1238, poultry production (over 14 million file suit in court challenging this rule. and (2) Clearance Officer, OCIO, USDA, metric tons in 1997). room 404–W, 14th Street and National Environmental Policy Act Independence Avenue SW., Alternatives Considered An environmental assessment and Washington, DC 20250. A comment to In developing this proposed rule, we finding of no significant impact have OMB is best assured of having its full considered: (1) Making no changes to been prepared for this proposed rule. effect if OMB receives it within 30 days the existing regulations governing the The assessment provides a basis for the of publication of this proposed rule. importation of poultry meat and other conclusion that the importation of This proposed rule would amend the poultry products from Sinaloa or poultry meat and other poultry products regulations to relieve certain restrictions Sonora, Mexico; (2) proposing to allow from Sinaloa and Sonora, Mexico, under on the importation of poultry meat and the importation of poultry meat and the conditions specified in this other poultry products from Sinaloa and

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Sonora, Mexico, by establishing new and poultry products, Reporting and (e) The shipment of poultry meat or conditions for the importation of fresh recordkeeping requirements. other poultry products has not been in and processed poultry and poultry Accordingly, we propose to amend 9 any State in Mexico other than Sinaloa products from Sinaloa and Sonora into CFR part 94 as follows: or Sonora or in any other region not the United States. listed in § 94.6 as a region where exotic Implementing this proposed rule PART 94ÐRINDERPEST, FOOT-AND- Newcastle disease is not known to exist, would necessitate the use of two MOUTH DISEASE, FOWL PEST (FOWL unless: paperwork collection activities: the PLAGUE), EXOTIC NEWCASTLE (1) The poultry meat or other poultry completion of a foreign meat inspection DISEASE, AFRICAN SWINE FEVER, products arrive at the U.S. port of entry certificate and the placing of seals on HOG CHOLERA, AND BOVINE in shipping containers bearing intact, shipping containers. SPONGIFORM ENCEPHALOPATHY: serially numbered seals that were We are asking OMB to approve our PROHIBITED AND RESTRICTED applied at the Federally inspected use of these information collections in IMPORTATIONS slaughter plant by a full-time salaried connection with our program to import veterinarian of the Government of 1. The authority citation for part 94 poultry meat and other poultry products Mexico, and the seal numbers would continue to read as follows: from the Mexican States of Sinaloa and correspond with the seal numbers listed Sonora. Authority: 7 U.S.C. 147a, 150ee, 161, 162, on the foreign meat inspection We are soliciting comments from the and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, certificate; or public (as well as affected agencies) 134a, 134b, 134c, 134f, 136, and 136a; 31 (2) The poultry meat or other poultry concerning our proposed information U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.2(d). products arrive at the U.S. port of entry collection and recordkeeping in shipping containers bearing seals that requirements. We need this outside 2. A new § 94.22 would be added to have different numbers than the seal input to help us: read as follows: numbers on the foreign meat inspection (1) Evaluate whether the proposed certificate, but, upon inspection of the information collection is necessary for § 94.22 Importation of poultry meat and other poultry products from Sinaloa and hold, compartment, or container and all the proper performance of our agency’s Sonora, Mexico. accompanying documentation, an functions, including whether the Notwithstanding any other provisions APHIS representative is satisfied that information will have practical utility; of this part, poultry meat and other the poultry containers were opened and (2) Evaluate the accuracy of our resealed en route by an appropriate estimate of the burden of the proposed poultry products from the States of Sinaloa and Sonora, Mexico, may be official of the Government of Mexico information collection, including the and the poultry meat or other poultry validity of the methodology and imported into the United States under the following conditions: products were not contaminated or assumptions used; exposed to contamination during (3) Enhance the quality, utility, and (a) The poultry meat or other poultry products are derived from poultry born movement from Sinaloa or Sonora to the clarity of the information to be United States. collected; and and raised in Sinaloa or Sonora and (4) Minimize the burden of the slaughtered in Sinaloa or Sonora at a Done in Washington, DC, this 17th of May proposed information collection on federally inspected slaughter plant 1999. those who are to respond, (such as under the direct supervision of a full- Craig A. Reed, through the use of appropriate time salaried veterinarian of the Administrator, Animal and Plant Health automated, electronic, mechanical, or Government of Mexico, and the Inspection Service. other technological collection slaughter plant must be approved to [FR Doc. 99–12885 Filed 5–20–99; 8:45 am] techniques or other forms of information export poultry meat and other poultry BILLING CODE 3410±34±P technology, e.g., permitting electronic products to the United States in submission of responses). accordance with 9 CFR 381.196. Estimate of burden: Public reporting (b) If processed, the poultry meat or DEPARTMENT OF ENERGY burden for this proposed collection of other poultry products were processed information is estimated to average in either Sinaloa or Sonora, Mexico, in Federal Energy Regulatory 0.133 hours per response. a Federally inspected processing plant Commission Respondents: Full-time, salaried that is under the direct supervision of a veterinarians of the Government of full-time salaried veterinarian of the 18 CFR Parts 2, 153, 157, 380 Government of Mexico. Mexico. [Docket No. RM98±17±000] Estimated annual number of (c) The poultry meat or other poultry respondents: 4. products have not been in contact with Landowner Notification, Expanded Estimated annual number of poultry from any State in Mexico other Categorical Exclusions, and Other responses per respondent: 15. than Sinaloa or Sonora or with poultry Environmental Filing Requirements; Estimated annual number of from any other region not listed in Notice of Proposed Rulemaking responses: 60. § 94.6 as a region where exotic Estimated total annual burden on Newcastle disease is not known to exist. April 28, 1999. respondents: 8 hours. (d) The foreign meat inspection AGENCY: Federal Energy Regulatory Copies of this information collection certificate accompanying the poultry Commission. can be obtained from Clearance Officer, meat or other poultry products (required ACTION: Notice of Proposed Rulemaking. OCIO, USDA, room 404–W, 14th Street by § 381.197 of this title) includes and Independence Avenue SW., statements certifying that the SUMMARY: The Federal Energy Washington, DC 20250. requirements in paragraphs (a), (b), and Regulatory Commission (Commission) is (c) of this section have been met and, if proposing to amend its regulations List of Subjects in 9 CFR Part 94 applicable, listing the numbers of the under the Natural Gas Act (NGA) by Animal diseases, Imports, Livestock, seals required by paragraph (e)(1) of this adding certain early landowner Meat and meat products, Milk, Poultry section. notification requirements that will

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.050 pfrm04 PsN: 21MYP1 27718 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules ensure that landowners who may be icon. Documents will be available on II. Background affected by a pipeline’s proposal to CIPS in ASCII and WordPerfect 6.1. As part of an ongoing review of its construct natural gas pipeline facilities User assistance is available at 202–208– regulations, the Commission continues have sufficient opportunity to 2474 or by E-mail to to try to find ways to make its certificate participate in the Commission’s [email protected]. process more efficient and effective. certificate process. The Commission This document is also available Recently, it has become evident that also proposes to amend certain areas of through the Commission’s Records and landowners that may be affected by a its regulations to provide pipelines with Information Management System pipeline’s proposal to construct (RIMS), an electronic storage and greater flexibility and to further facilities want earlier and better notice retrieval system of documents submitted expedite the certificate process, of that pipeline’s intent to construct to and issued by the Commission after including expanding the list of activities pipeline facilities on or near their November 16, 1981. Documents from categorically excluded from the need for property. an environmental assessment in section November 1995 to the present can be Under the Commission’s current 380.4 of the Commission’s regulations; viewed and printed. RIMS is available practice, landowners with property on a (2) expanding the types of events that in the Public Reference Room or proposed pipeline route, adjacent to allow pipelines to rearrange facilities remotely via Internet through FERC’s compressor station or LNG plant sites, Home page using the RIMS link or the under their blanket construction or adjacent to existing fee-owned rights- Energy Information Online icon. User certificate; and (3) allowing pipelines to of-way which would be used for a assistance is available at 202–208–2222, drill observation wells under their proposed pipeline are generally notified or by E-mail to [email protected]. blanket construction certificate. by the Commission as part of its Finally, the Commission also Finally, the complete text on diskette environmental review of the proposed proposes to require that pipelines in WordPerfect format may be project. Specifically, a pipeline seeking consult with the National Marine purchased from the Commission’s copy authorization to construct these Fisheries Service concerning essential contractor, RVJ International, Inc. RVJ facilities provides the Commission with fish habitat as required by regulations International, Inc. is located in the a list of names of the landowners that implementing the Magnuson-Stevens Public Reference Room at 888 First would be affected by the project when, Fishery Conservation and Management Street, N.E., Washington, D.C. 20426. or shortly after, it files the construction Act; and apply the Upland Erosion I. Introduction application. The Commission then Control, Revegetation and Maintenance notifies the people on the pipeline’s Plan and the Wetland and Waterbody The Federal Energy Regulatory landowner list when it issues a Notice Construction and Mitigation Procedures Commission (Commission) is proposing of Intent to Prepare an Environmental to activities conducted under the to amend its regulations under the Impact Statement (EIS) or pipeline’s blanket construction Natural Gas Act (NGA) by adding Environmental Assessment (EA) as certificate. certain early landowner notification requirements that will ensure that required by the National Environmental DATES: Comments are due June 21, 1999. landowners who may be affected by a Policy Act of 1969 (NEPA).1 ADDRESSES: Send comments to: Office of pipeline’s proposal to construct natural The Notice of Intent is mailed to the the Secretary, Federal Energy Regulatory gas pipeline facilities have sufficient affected landowners after the Commission, 888 First Street, N.E., opportunity to participate in the Commission has begun to process the Washington, D.C. 20426. Commission’s certificate process. The pipeline’s application and after the FOR FURTHER INFORMATION CONTACT: Commission also proposes to amend Commission notices the application for John S. Leiss, Office of Pipeline certain areas of its regulations to the new facilities and, usually, after the Regulation, Federal Energy Regulatory provide pipelines with greater flexibility intervention period has run.2 The Notice Commission 888, First Street, N.E., and to further expedite the certificate of Intent: (1) Summarizes the proposed Washington, D.C. 20426, (202) 208– process, including: (1) Expanding the project; (2) describes the environmental 1106 list of activities categorically excluded review process; (3) identifies the Carolyn Van Der Jagt, Office of the from the need for an environmental environmental issues raised by the General Counsel, Federal Energy assessment in section 380.4 of the project; and (4) explains how the public Regulatory Commission, 888 First Commission’s regulations; (2) can participate in the environmental Street, N.E., Washington, D.C. 20426, expanding the types of events that allow review process. It also includes the text (202) 208–2246 pipelines to rearrange facilities under from the Commission’s pamphlet ‘‘An SUPPLEMENTARY INFORMATION: In their blanket construction certificate; interstate natural gas pipeline on my addition to publishing the full text of and (3) allowing pipelines to drill land? What do I need to know?’’ The this document in the Federal Register, observation wells under their blanket Notice of Intent invites landowners to the Commission also provides all construction certificate. participate in the Commission’s interested persons an opportunity to Finally, the Commission also environmental review process either by inspect or copy the contents of this proposes to: (1) require that pipelines becoming an intervenor for document during normal business hours consult with the National Marine environmental purposes or by in the Public Reference Room at 888 Fisheries Service concerning essential submitting environmentally-related First Street, N.E., Room 2A, fish habitat as required by regulations Washington, D.C. 20426. implementing the Magnuson-Stevens 1 Specifically, NEPA requires that federal agencies The Commission Issuance Posting Fishery Conservation and Management carefully weigh the potential environmental impact of all their decisions and consult with federal and System (CIPS) provides access to the Act; and (2) apply the Upland Erosion state agencies and the public on serious texts of formal documents issued by the Control, Revegetation and Maintenance environmental questions. Commission from November 14, 1994, Plan and the Wetland and Waterbody 2 Once the application is filed, the Commission to the present. CIPS can be accessed via Construction and Mitigation Procedures issues a notice of the filing, which is published in the Federal Register. The notice appears Internet through FERC’s Home page to activities conducted under the approximately 10 days after the filing. The notice (http://www.ferc.fed.us) using the CIPS pipeline’s blanket construction specifies an intervention period, usually 21 days Link or the Energy Information Online certificate. from the notice date.

VerDate 06-MAY-99 16:29 May 20, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.XXX pfrm02 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27719 comments on the pipeline’s proposal. landowner groups contended that notice new requirements would create new The purpose of the Notice of Intent is should be given before the application procedural traps. Williston Basin to notify the affected landowners of the is filed so they have a meaningful Interstate Pipeline Company (Williston environmental review of the project and opportunity to participate in the siting Basin) also does not believe that only seeks comments on environmental process. additional notification requirements are issues. Generally, the Notice of Intent The notice also raised other issues necessary. It argues that the Commission does not provide the landowners with a related to landowner notification. One should make additional notice forum to raise non-environmental was how the pipeline would notify requirements performance based and issues. landowners and get their consent if the only impose those requirements on Recently, landowners and other Commission expanded its definition of problem pipelines. For example, if the citizens have expressed increasing eligible facilities to include injection, Commission receives no complaints, the interest in participating in the major withdrawal, and observation wells. The pipeline should be deemed to have pipeline projects, especially the Commission also was concerned about performed in a satisfactory manner. greenfield pipelines and pipeline how the pipeline would acquire Generally, the industry posits that the expansions in heavily populated areas.3 landowner consent to use additional landowners should be notified after the Generally, landowner groups contend work space for replacement facilities. application is filed, whereas, the that they are uninformed and Another area raised in the September landowner groups want to be notified uneducated about their right to 30 notice was the Commission’s plan to before the application is filed. This participate in the certificate process and designate residential areas as sensitive latter position is also supported by the do not know where to go for environmental areas as defined in Public Service Commission of the State information. Further, they assert that section 157.202(b)(11) of the of New York (NYPSC). The Iowa they are notified too late in the process Commission’s regulations. The Utilities Board (Iowa Board) suggests to actively participate or have a say in Commission also sought comments on that the Commission consider requiring the proceeding. applying erosion control and stream and pre-filing informational meetings. Senator Fred Thompson and wetland crossing mitigation measures to The Iowa Board and NYPSC state that Representative Zach Wamp introduced blanket construction projects. Finally, the pipelines should not consider legislation (S. 1687 and H.R. 3319, the Commission mentioned that it might landowner notification as an onerous respectively) that would require that employ a negotiated rulemaking duty, but as an opportunity to establish pipelines make a good faith effort to procedure as an alternative to its an early rapport with landowners and to notify property owners from whom they traditional rulemaking process in this obtain information early in the process. may seek to acquire a property interest proceeding. They promote informal meetings with through the exercise of eminent domain. On December 9, 1998, the the public before the pipeline files the The proposed legislation required that a Commission held the technical application. They believe that this notice be sent by certified mail, and on conference. At the conference, the process provides an opportunity for the the same day the company files an industry was represented by Duke pipeline to initiate favorable application. Energy Pipelines (Duke Energy), Enron relationships with landowners and to On September 16, 1998, the Interstate Interstate Pipelines (Enron), obtain input to refine its petition and Natural Gas Association of America Transcontinental Gas Pipe Line better determine the best location for the (INGAA) proposed that the Commission Company (Transco), and INGAA. The pipeline. While many of the pipelines formalize notice procedures using the landowners were represented by the claim that they contact many of the proposed legislation as a starting point. GASP Coalition, the Citizens Advocates landowners early on during the Generally, INGAA proposed that on the for Pipeline Safety, the Newton Citizens surveying process, they do not want the business day following the date the Committee, and the Ohio-PA Commission to specifically make this a 4 pipeline files the application, the Landowners Association. requirement. company would make a good faith effort Representatives for the Pipeline As stated, the landowner groups want to notify, by certified mail, any person Contractor’s Association and Central to be notified before the application is who is the owner of record of real Maine Power Company (Central Maine) filed. They contend, as does the NYPSC, property that would be subject to the also participated. Several parties, that there is significant benefit in exercise of eminent domain under the including INGAA and GASP, filed obtaining early and ongoing public NGA. follow-up comments after the information and participation. They On September 30, 1998, the conference. The filed comments and state that the initial notification should Commission issued a notice on its intent comments made at the technical be early enough in the planning of a to hold a staff technical conference to conference are discussed below. proposed line so that the potentially affected landowners have the address, among other things, concerns III. Discussion regarding its present landowner opportunity to participate fully in the notification policies. Additionally, the A. Landowner Notification 4 Duke stated that it contacts individual notice invited interested persons to 1. Notification Process landowners on proposed rights-of-way early in the submit written comments. The a. Comments. Most parties agree that project and continues the process of education by Commission received written comments ‘‘notification to public officials, open house the Commission should modify its from approximately 33 commenters. In meetings, media notifications, agency meetings, current landowner notification policy. newsletters, landowner brochures and face-to-face their filed comments, the industry The Process Gas Consumers Group, the survey permission contracts and easement generally supported the INGAA American Iron and Steel Institute and negotiations with landowners.’’ See Duke’s proposal or stated that no changes to the comments, at 3. El Paso Energy Corporation (El the Georgia Industrial Group (jointly current procedure were necessary. Paso) notes that it generally contacts landowners Process Gas) contends that the along the route in order to conduct required surveys However, in their filed comments the Commission’s current notification before a certificate application is filed. Williston Basin states that it has its initial contact with 3 Greenfield pipelines are pipeline proposals that policy and publication of the notice in landowners during the survey process. Enron agrees will be located in a new pipeline right-of-way for the Federal Register is sufficient to pre-filing conferences are useful, but contends that most of their length. notify landowners. It argues that any they do little to foster landowner relationships.

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.025 pfrm04 PsN: 21MYP1 27720 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules siting process. They contend that public filed or up to three business days after process the application more involvement, including identification of filing.5 It contends that notification by expediently. alternative locations, can help create a mail is not conducive to the A recent study conducted by Florida process where issues are identified and continuation of good relationships. It Gas Transmission Company (Florida addressed in cooperative fashion during believes personal contact is better. Gas) 7 stated that over half the people the project development. They envision As stated, INGAA proposes to notify interviewed suggested that Florida Gas: that such cooperation can facilitate the landowners by certified mail. Great Hold regular public meetings before and analyses and the development of Lakes objects to sending the notice by during construction to allow citizens to environmental reports. certified mail because it could delay participate in dialogue about the project, to The landowner groups and NYPSC receipt and could be unduly ask questions and to provide input to the argue that lack of notice to landowners burdensome. It contends that many route selection. * * * Many cautioned that can generate significant delays. They landowners may not be able to accept communications must be honest and open. claim that notification at time of delivery and that certified mail creates They said the company must not be too application is too late. They assert that ‘‘aggressive’’ or ‘‘pushy’’ but, instead, to take needless anxiety. It recommends the the time to build public support up-front. by the time the application is filed many Commission only require that the decisions may have already progressed company provide an affidavit signed by Further, at the December 9 conference, beyond the point of no return. Further, an authorized representative of the representatives from Duke and Enron property owners do not have access to company stating that it made a good stated that their companies frequently expertise to file timely motions to faith effort to provide notice to all contact landowners during the initial 8 intervene to protect their interest. owners of record by regular mail. planning stage with beneficial results. Moreover, even timely intervention is b. Commission Response. We agree While the Commission encourages too late if lines have already been drawn with NYPSC and the Iowa Board that an pipelines to hold pre-filing meetings, it on a filed map and costly resources early dialog and personal contact does not believe it is necessary to committed by the applicant to a between the pipeline and the mandate pre-filing meetings at this time. particular route. community and landowners, perhaps in This is especially true given the In response, the pipelines contend pre-filing informational meetings, indications that some pipelines are that it is confusing and impractical to would promote more favorable attempting more dialogue early on with formally notify all potentially affected relationships between the pipelines and communities and landowners. However, landowners prior to filing. They also the potentially affected landowners. As we invite public comment on whether argue that formal notification in stated, many of the pipelines stated that the Commission should have a more advance of filing creates a threatening they do contact landowners prior to formal (structured) pre-filing public environment and would prematurely filing a construction application. It is in notification requirement. narrow the window of negotiation. the pipeline’s best interest to attempt to Therefore, in accord with INGAA’s Finally, they assert that inviting involve the public early on in the proposal and the aforementioned landowners to collaborate with the process by seeking their input before proposed legislation, the Commission pipeline to determine a proposed route determining the exact route of the proposes new sections 153.3, 157.6(d), in advance of filing a certificate proposed pipeline. As the Iowa Board and 157.103 to require that for all application would only pit landowner points out, pre-filing meetings with the section 7 projects pipeline companies against landowner. They argue that it is potentially affected landowners notify all affected landowners of record the pipeline’s responsibility to choose provides the pipelines with valuable from the most recent tax rolls by the route. information ‘‘from persons with certified or first class mail within three As stated, INGAA generally proposes knowledge of the route area which may (3) business days following the date to send notification by certified mail on impact routing or design.’’ 6 they file their application with the the next business day after the Further, as stated, in Docket No. Commission. The pipeline should file application is filed. It states that RM98–9–000, the more thorough and an affidavit with the Environmental requiring the notification to be sent on the more complete an application is Resource Report 1 as required in the next business day will allow the when it is filed, the more expeditiously proposed section 380.12(c)(10) pipeline to include the project’s docket the Commission can process that certifying that the pipeline will notify number in the notification. El Paso, on application. Earlier landowner all affected landowners as required in the other hand, contends that one day participation could result in a more proposed section 157.6(d). after filing is not reasonable. It argues definitively defined route. Specifically, As stated, the Commission currently that it would be impossible to get the the Commission experiences significant mails the Notice of Intent to the people docket number, incorporate it in a letter, delays in processing a certificate on the pipeline’s list of potential assemble a landowner package, and application because of the time needed landowners. Many of the notices are effectuate mailing all in one day. It to address and resolve numerous returned as undeliverable. Therefore, as states that such a procedure would be landowner concerns about the part of the Commission’s landowner labor intensive and a significant placement of the pipeline on their notification procedure we propose in administrative burden. It also asserts property. If the pipeline could resolve section 157.6(d)(4) to require that the that certified mailing imposes these issues prior to filing the pipelines make a good-faith effort to additional costs on the pipeline. It application, the Commission could determine the correct address for any recommends that the Commission returned notices and to send notices to require notice within five business days 5 In a letter to the Chairman of the Commission the corrected addresses. The pipeline if the docket number is provided on the concerning the INGAA proposal, Senator day of filing. Williston Basin states that Thompson supports the provision of the INGAA 7 The executive summary of the study is located although it has its initial contact during proposal that the landowners be notified after the on Florida Gas’ home page at http:// the survey process, the Commission application is filed. He states, ‘‘* * * it is www.fgt.enron.com/mmexecutivesummary.doc. absolutely critical not only that the landowners 8 Both the Duke and Enron representatives stated should allow the pipelines the option to receive this information, but that they receive it in that they contact potential landowners when they either deliver the notice by hand or by a timely manner * * *’’ are conducting initial environmental surveys before the mail either before the application is 6 Iowa Board’s comments, at 4. the application is filed with the Commission.

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.027 pfrm04 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27721 also would be required to file an the project. El Paso states that the by the proposed activity, including all updated landowner list with the Commission should not require that the property subject to the right-of-way and corrected addresses within 30 days of pipelines do a full title search. INGAA temporary work space; (2) property filing the application as proposed in argues that the Commission’s ‘‘affected abutting an existing right-of-way (owned section 157.6(d)(5). We believe that it public’’ standard is vague and difficult in fee by a utility) in which the facilities will benefit the pipeline to attempt to to define. It contends that it might be would be constructed; (3) property obtain the correct addresses earlier on in interpreted to require that the pipeline abutting a compressor or LNG facility; the process. The pipeline will need to provide notice to competing pipelines or (4) property over new storage fields have accurate addresses for the before the application is filed. It or expansion of storage fields and any necessary landowners to obtain the recommends that the ‘‘affected applicable buffer zone. easements for the project. Therefore, landowners’’ be defined as ‘‘the We believe that these properties determining the proper address sooner individual noted in the most recent potentially could be significantly as opposed to later will alleviate any county tax records as receiving the tax impacted by the proposed pipeline potential delay in obtaining the notice for property that may be subject projects. Property owners whose necessary easements. to eminent domain as a result of property abuts existing rights-of-way As stated, the landowner groups approval of the certificate application.’’ should be notified because they may be contend that notification after the It states that only landowners directly affected and the Commission would like application is too late because the route impacted by either the permanent right- their input. Property owners abutting a has already been determined. We of-way or temporary work spaces should compressor or LNG facility should be disagree. Although we do require that be notified. notified for the same reason. Finally, the pipeline file for the route it proposes Landowner groups recommend that property owners over new or expanded to use, the pipeline route frequently is various persons and groups be notified, storage fields or in buffer zones for these modified during the certificate process. including the entire community, public areas should be notified because their As discussed at the December 9 officials, landowners, abutters,9 and property rights may be affected, natural conference, pipelines do modify their local newspapers. Some recommend gas may be stored under their property, proposal as a result of negotiations with that all landowners directly affected and and facilities might ultimately be landowners. Additionally, the nearby owners of land with property constructed on their property. Commission frequently makes route lines within one half a mile radius of We note that the Commission will modifications to accommodate specific the pipeline and one mile for strictly continue to notify state and local landowner or other environmental agricultural areas be included. Others government agencies and representative, concerns. recommend that the landowners or and additional landowners on a case-by- Finally, in section 380.12(c)(5), the residents located within 220 yards of case basis as necessary as part of its Commission is proposing to require that proposed right-of-way or all landowners environmental review when the Notice pipelines consult with landowners prior who share common land within 220 of Intent is issued. Further, the to abandoning facilities and the yards of proposed right-of-way be proposed regulations are only a associated right-of-way or easement to notified. minimum requirement and the determine if the landowners would NYPSC requests that the pipelines pipelines and the Commission can prefer to have the facilities removed provide notice to potential properties notify any additional landowners as from their property. The pipeline, in that may be affected directly or necessary. consultation with the landowner, indirectly by the project. For example, should determine if the pipeline should it recommends that the pipeline notify 3. Notification Contents be abandoned in place or removed. If it owners of property adjacent to or within a. Comments. Senator Thompson’s determines that it is not practical to the range of influence of aboveground or letter to the Commission in response to honor any requests to remove facilities, noise producing equipment such as INGAA’s proposal stated that the it needs to explain why in Resource compressor stations, blow-down valves, rulemaking should: Report 1. pig launchers or similar facilities. It also We propose this requirement because Include a specific and conspicuous recommends that notice be given to description of the rights of property owners we believe the landowner’s opinion nearby or adjacent property owners should be actively sought in cases to participate in any proceeding relating to where construction will introduce the granting of eminent domain authority and where the pipeline is relinquishing all significant visual elements or remove a specific and conspicuous statement of who rights to the land it has obtained visual buffers. Where the route is the property owners may contact at the temporary use of from the landowner. uncertain, the Commission should appropriate federal agency relating to the As the pipeline may have no consider notice to all owners of record proceeding. responsibility for the facilities left on of potentially-affected property. Other recommendations made by such property, we should know whether Senator Thompson’s legislation others for information that should be in the landowner would like the land back provided for a: ‘‘good faith effort to the notice, included: (1) Information the way the pipeline found it. We are provide notice by certified mail to any about the pipeline company; (2) a not requiring the pipeline to person who is the owner of record of general description of the project, its automatically agree to the landowner’s any interest in property which may be purpose, and its proposed timetable; (3) wishes, because there may be valid subject to the exercise of eminent when the pipeline intends to file the reasons to leave the facility in the domain under [the NGA].’’ application; (4) up to date information ground. b. Commission Response. In section on the proposed route,10 construction 2. Affected Landowners 157.6(d)(2), the Commission proposes to process and timing, and the type of define affected landowners to include easement sought; (5) an explanation of a. Comments. INGAA proposes that owners of: (1) Property directly affected the pipeline make a good faith effort to 10 Including a map of the route. For large projects notify any person who is the owner of 9 Abutters are owners of properties which share there should be a map showing the entire route, and record of real property that may be a common boundary with the facility site or the another map showing the landowner’s local area subject to eminent domain as a result of right-of-way. (such as the county).

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.028 pfrm04 PsN: 21MYP1 27722 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules the pipeline construction process, right-of-way. The pamphlet explains the pipelines have already negotiated and including methods and restoration responsibilities of the pipeline obtained from the landowners and not plans; (6) an explanation of the company. It also discusses safety and impose any additional requirements. Commission’s certificate process, environmental issues. Finally, the Finally, they argue that there is no including the rights of landowners to pamphlet lists the phone number of the forum under the blanket certificate file comments or intervene; (7) details Commission’s Office of External Affairs where the landowner could raise on how to file as an intervening party, which the landowner can contact if issues.12 an appropriate list of agency contacts there are further questions concerning b. Commission Response. As stated in and principal parties involved the certificate process. the September 30 notice, the Commission stated that it was (including pipeline company officials), B. Landowner Notification Under including phone numbers, addresses, considering expanding the definition of Sections 157.202 and 2.55 of the eligible facilities under section and web addresses, and applicable Commission’s Regulations regulations; (8) a statement that points 157.202(b) of the regulations to include out that the route is in a preliminary In the September 30 notice, the injection, withdrawal, and observation stage and is subject to revisions and Commission stated that it is considering wells. Upon reconsideration of this adjustments; (9) an explanation of the changes to sections 157.202 and 2.55 of issue, the Commission has determined easement rights the pipeline company its regulations. Specifically, under that it is not appropriate for the pipeline will seek to acquire for the project; (10) section 157.202(b)(2) the Commission is to construct new injection and an explanation about how the company considering expanding the definition of withdrawal wells under its blanket will pay for damages; (11) the eligible facilities to include injection, certificate. Such activity would expand Commission’s pamphlet ‘‘An interstate withdrawal, and observation wells. upon the authorization granted in the natural gas pipeline on my land? What Under section 2.55, it is considering original certificate by increasing the do I need to know?’’; (12) a full copy of allowing the use of additional work capacity and deliverability of the storage the application; and (13) an explanation space for replacement facilities. field. We believe such activity is beyond of who the project would benefit and a However, under both sections the the original intent of the blanket justification of the end use. Commission stated that it was certificate which was to ‘‘enable b. Commission Response. The concerned about how the pipeline pipelines to construct relatively minor Commission proposes that the notice would obtain the landowner’s consent facilities and undertake relatively should include: (1) The docket number before beginning construction. routine services without the burden of of the filing; (2) a detailed description In general, the landowner groups state a case-specific determination.’’ 13 that the pipeline should notify the of the proposed facilities including However, we do propose to allow the landowners, via certified mail, to obtain specific details of their location, the pipelines to drill observation wells their consent any time they plan to enter purpose of the project, and the timing of under their blanket certificate. on the property even if the pipeline has the project; (3) a description of the Observation wells generally are needed a valid easement. The pipelines applicant; (4) the name of specific for the pipelines to adequately monitor generally believe that any additional contacts at the pipeline where the their storage fields. Further, they do not Commission regulations in this area are landowner can obtain additional change the characteristics of the storage unnecessary. They contend that the information about the project; and (5) a fields and do not result in any pipelines must have the necessary location where the applicant has made significant changes to the underlying property rights before engaging in any copies of the application available.11 certificate authorization. Accordingly, construction activities on the we propose to add a sentence to section Additionally, the notice should either landowner’s property. include map(s) of the project or 157.202(b)(2)(i) specifically including Prior to using any land for any work, observation wells as eligible facilities. information where detailed map(s) of the pipelines state that they must have the project can be viewed or obtained. We also believe, upon further an easement or property rights to use consideration, that it is premature for The pipeline contact should be the land. They assert that the knowledgeable about the project and the Commission to address expanding agreements with the landowner would: the allowed area for additional should be able to answer specific (1) Govern the pipeline’s use of the questions concerning the project. workspace under section 2.55. Section property; (2) determine what type of 2.55 exempts certain activities from The notice should also include a copy notice is required; and (3) would detail of the Commission’s pamphlet ‘‘An NGA section 7 jurisdiction. Acquiring any compensation that may be due the additional land for construction interstate natural gas pipeline on my property owner. If the right to use the land? What do I need to know?’’. The activities is a section 7 activity and, property is not controlled by an therefore, does not qualify for the pamphlet generally explains the easement agreement, the pipelines Commission’s certificate process and section 2.55 exemption. contend that they would have to acquire While we do not intend to expand the addresses the basic concerns of the appropriate property rights or landowners. It includes information on definition of eligible facilities to include consent from the landowner prior to injection or withdrawal wells or to how to get a copy of the pipeline’s commencing any project under application and how to participate in allow additional work space under automatic authority in order to avoid section 2.55, we agree with the the proceeding. It also includes general claims of criminal and trespass charges information on pipeline rights-of-way landowners’ request that they be and to maintain good working notified of construction to be performed including, among other things: (1) how relationships with the landowners. the pipeline obtains a right-of-way; (2) Therefore, the pipelines believe that the 12 the size of the right-of-way and how it However, we note that the suggested changes Commission should provide flexibility were to require landowner notification under these is maintained; and (3) building on the to allow each pipeline to implement sections, not to notify the Commission. notification of landowners in a manner 13 Interstate Pipeline Certificates for Routine 11 In new section 157.10, promulgated in RM98– Transactions, Order No. 234–A, 47 FR 38,871 9–000, the pipelines are required to make complete best suited to its own landowner (September 3, 1982) FERC Stats. and Regs. copies of the application available in each county situations. They argue the Commission Regulation Preambles 1982–1985 ¶ 30,389, at in the project area. should respect the bargains the 30,258 (1982).

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.030 pfrm04 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27723 under these sections. Accordingly, the the list of sensitive environmental areas specifies a measure that conflicts with a Commission intends to add a landowner at this time. measure in the Plan or Procedures, a notification requirement for variance can be obtained. In either case, C. Mitigation Measures for Blanket construction activities conducted under an alternative measure specified in Certificates section 2.55 and Subpart F of Part 157 writing by the appropriate agency may of the Commission’s regulations. Under 1. Comments be used. Alternatively, the pipeline can proposed sections 2.55(b) (1)(iv) and The Commission also requested apply to the Director of the Office of Pipeline Regulation to request a waiver 157.203(d)(1), the pipeline will have to comments on the need to apply the notify the affected landowner 30 days of the mitigation measures or same erosion control and stream and prior to commencing construction. The permission to apply alternative wetland crossing mitigation measures to notification should include: (1) a brief measures. blanket projects as are routinely used in description of the facilities to be the regular certificate process. D. Magnuson Act constructed/replaced and the effect the Currently, there are no such mitigation construction activity will have on the The Magnuson Act requires all measures imposed on blanket landowner’s property; (2) the name and Federal agencies to consult with the construction projects, although the phone number of a company National Marine Fisheries Service on impacts are similar to those encountered representative that is knowledgeable the effects that their activities may have in the traditional 7(c) projects. The about the project; and (3) a description on ‘‘essential fish habitat.’’ The National of the Commission’s Enforcement Commission needs to ensure that the Marine Fisheries Service’s regulations at Hotline procedures explained in section pipelines are following such mitigation Chapter 50 Part 600 of the Code of 1b.21 of the Commission’s regulations measures. Federal Regulations describe the process and the Enforcement Hotline phone Generally, the pipelines do not object that should be followed. We are number. to the Commission’s proposal. However, currently discussing the details of how In the event the landowners have they recommend that the Commission the Commission can best comply with further questions concerning the project, view the mitigation measures as this act in the long-term, but in the they can contact the company guidelines and not mandate them in all interim, we will simply state that the representative for more details. If the instances. They contend that the requirements of this act are important landowners need further information Commission should allow the pipelines for the companies to consider at the concerning the Commission’s role in the flexibility to deviate from the same time they address Endangered these types of projects, they can contact guidelines as appropriate. Species Act considerations. Companies the Commission’s enforcement staff. National Fuel states that there are should be contacting the National The Commission proposes the similar problems with the Commission’s Marine Fisheries Service to address requirements in section 157.203(d)(2) measures and that the pipelines what level of consultation is required for prior notice filings. Except under frequently find it necessary to seek for their project for appropriate 157.203(d)(2), we propose to require deviations from certain measures to consideration of ‘‘essential fish habitat.’’ that the pipeline notify the affected meet the recommendations of state or Accordingly, we propose to add landowner within three (3) business local agencies or implement appropriate references to the Magnuson Act in both days after filing the prior notice site specific construction procedures. the blanket certificate regulations, at application with the Commission and to 2. Commission Response section 157.206(b)(2)(xii), and for case- include the docket number in the specific NGA section 7 filings, at section notice. We also propose that the include In fulfilling its mandate under NEPA, 380.12(e)(5), requiring that pipelines the following paragraph in the notice: the Commission routinely requires that consult with the National Marine pipeline facilities constructed under Fisheries Service with respect to This project is being proposed under the case-specific NGA section 7 certificates ‘‘essential fish habitat’’. Commission’s prior notice requirements of its follow some type of erosion control and blanket certificate program. Under the E. Categorical Exclusions Commission’s regulations, you have the right stream and wetland crossing mitigation to protest this project within 45 days of the measures. We believe that to apply Section 380.4 of the Commission’s date the Commission issues a notice of the NEPA consistently the Commission regulations lists projects or actions that pipeline’s filing. If you file a protest, you should require the same measures be the Commission has determined should include the docket number listed in applied to pipeline facilities constructed normally do not have a significant this letter and provide the specific reasons under the pipeline’s blanket certificate. environmental impact and are, for your protest. The protest should be Therefore, we propose to add section therefore, categorically excluded from mailed to to the Secretary of the Federal Energy Regulatory Commission, 888 First St., 157.206(b)(3)(iv) to the regulations to the need for an Environmental N.E., Room 1A, Washington, DC 20426. A require that, unless it gets a variance, Assessment. The Commission proposes copy of the protest should be mailed to the the pipelines constructing facilities to add several new categories to the list, pipeline at [pipeline address]. If you have under their blanket certificates adhere to including: (1) Abandonment of facilities any questions concerning these procedures the Commission staff’s current ‘‘Upland by sale that only involve minor or no you can call the Commission’s Office of Erosion Control, Revegetation and ground disturbance to disconnect the External Affairs at (202) 208–1088. Maintenance Plan’’ (Plan) and ‘‘Wetland facilities from the system (proposed We note that requiring that the pipeline and Waterbody Construction and section 380.4(a)(31)); (2) conversion of inform the landowners of their right to Mitigation Procedures’’ (Procedures). facilities from use under the Natural Gas protest a prior notice filing when the The documents are available on the Policy Act to use under the NGA pipeline constructs facilities under its Commission’s Internet home page or (proposed section 380.4(a)(32)); (3) blanket certificate resolves the from the Commission’s staff. construction or abandonment of Commission’s concerns over adding If the pipelines cannot follow the facilities conducted entirely in Federal residential areas to its definition of mitigation measures for a particular offshore waters which has been sensitive environmental areas. project or if an agency with approved by the Minerals Management Accordingly, we do not believe it is responsibility for protecting the relevant Service and the Corps of Engineers, as necessary to include residential areas in resource (soil, wetland, or waterbodies) necessary (proposed section

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380.4(a)(33)); (4) abandonment or the previous category. Abandonment of whatever reason may request a waiver of construction of facilities on an existing some of the compression at a station the Commission’s service rule. offshore platform (proposed section which remains in operation may result 2. Depositories of Filing Information 380.4(a)(34)); (5) abandonment, in ground disturbance within the construction, or replacement of a facility compressor station site, but this area One landowner also requests that the (other than compression) solely within was disturbed similarly when the Commission set up depositories where an existing building within a natural gas facility was first installed. Therefore, it materials are readily available to the facility (other than LNG facilities), so requires no further Commission general public. In Docket No. RM98–9– long as it does not increase the noise or analysis. 000, the Commission intends to allow a air emissions from the facility, as a limited waiver of the service rules for whole (proposed section 380.4(a)(35)); F. Miscellaneous Rearrangement of Facilities the filing of voluminous material or and (6) conversion of compression to difficult to reproduce material. standby use as long as the compressor In the comments filed in Docket No. Specifically, the Commission is not moved, or abandonment of RM98–9–000, several parties requested determined that these filings do not compression as long as the compressor that the Commission clarify that need to be served on all parties unless station remains in operation (proposed miscellaneous rearrangement of they specifically request a copy. Instead, section 380.4(a)(36)). facilities under section 157.202(b)(6) of the Commission is requiring that the Proposed sections 380.4(a)(31) and the Commission’s regulations includes pipeline put complete copies of those (32) involve abandonments or replacement facilities needed as a result filings in depositories along the route of conversions that, at most, involve of encroachment on the pipeline the pipeline for public inspection. In disturbance in small areas within because of residential, commercial, or addition, new section 157.10, existing rights-of-way to connect or industrial development. Because of the promulgated in RM98–9–000, requires disconnect existing pipelines. Proposed landowner notification issue, the that pipelines make complete copies of section 380.4(a)(34) has no effect on the Commission deferred addressing that the application available in each county natural environment with the exception issue to this proceeding. in the project area. Finally, all of air and noise emissions if Since this rulemaking proposes to documents filed with the Commission compression is involved. Given the fact are available on the Commission’s that these emissions would occur require the company to notify landowners of their intent to conduct Internet home page. Increasingly, people offshore on existing platforms which are have access to the Internet either in isolated and already contain similar the rearrangement activity, the their homes or at the local libraries. activities, we believe there is no landowners would be given the Therefore, we believe that the significant impact associated with this opportunity to express any concerns. information filed in a certificate type of activity. This satisfies our landowner In section 380.4(a)(33) we are participation concern. Accordingly, we proceeding under the Commission’s proposing to require that the company propose to add encroachment to section current regulations (as amended in receive pre-approval from the Minerals 157.202(b)(6) as an appropriate reason Docket No. RM98–9–000) is sufficiently Management Service and the Corps of to use the blanket certificate for available to the participating parties. Engineers that have primary jurisdiction miscellaneous rearrangement of 3. Inspectors of Construction Sites/ over the construction, operation, and facilities. Pipeline Safety removal of offshore facilities. These G. Other Issues Raised Federal agencies have their own a. Comments. Central Maine Power procedures for complying with NEPA 1. Special Intervention Status Company (Central Maine) states that the for the impact potentially involved with Commission presently has no oversight Many landowner groups claim that these projects. Therefore, we believe of the actual construction process. It there is no reason for the Commission the Commission’s current intervention contends that the pipeline construction to conduct its own environmental process is cost prohibitive and that it crews repeatedly violate OSHA analysis, or to verify that the other deters landowner participation. They clearances and minimum work space agencies did such an analysis. request that the Commission streamline requirements when working near power Proposed section 380.4(a)(35) deals its process to accommodate landowners. lines. It urges the Commission to modify with activities taking place solely Specifically, they request that the its regulations so that the safety and within existing structures. The only Commission allow landowners to file electric system reliability concerns are potential impacts to the environment one copy of their comment/protest with fully addressed throughout the under this type of activity would be air the Commission and one copy with the certificate process, and that certificate and noise emissions. Since we propose company. Also, one landowner orders explicitly require compliance to require that there be no increase in recommended that town governments with safety requirements with the same either type of emission, the only should be viewed as intervenors for degree of specificity as already required potential is for a reduction and, citizens and/or that town governments for environmental conditions. It believes therefore, an improvement in the should be viewed automatically as that the Commission has an obligation natural environment. We do not believe parties. to devote necessary resources to insure any purpose would be served in Under section 385.2010 of the that the pipeline construction it conducting an environmental analysis Commission’s regulations an intervenor authorizes does not endanger the public for this kind of activity. in a proceeding before the Commission and is not adverse to the public interest Proposed section 380.4(a)(36) is must serve a copy of its filing on all in reliable electric service. It requests similar to proposed section 380.4(a)(35). parties on the official service list. that the Commission allocate resources The conversion of compression to However, under section 385.101(e) of to expand substantially the scope of its standby can only reduce the amount of the Commission’s regulations, the post-certificate monitoring of the air and noise emissions from the station. Commission may waive a rule for good pipeline construction process. Several The change to air and noise emissions cause. Parties that have difficulty of the landowner groups also maintain is a positive effect—the same as it is for participating in the proceeding for that the Commission should have

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.033 pfrm04 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27725 inspectors assigned locally to monitor remaining property. They claim that the Commission has authorized the pipeline construction sites. property owners’ compensation is offset to take and the specific activities the b. Commission Response. The by the court costs. Commission has authorized for that Commission does, in fact, conduct The landowner groups assert that the property before they begin any oversight inspections of the pipeline should be required to negotiate negotiations for the easement. We note construction process. As part of the a business deal with landowners instead that the pipeline should clearly explain environmental conditions imposed in a of relying on the right of eminent and delineate at the beginning of the certificate proceeding, the Commission domain. They contend that landowners negotiations what is specifically covered requires that the pipeline company hire should have the option of being paid by the Commission’s certificate. environmental inspectors to make sure royalties for use of their land. Further, in the future, where that the environmental conditions of the Under the NGA, if the Commission landowner issues are a concern, as a certificate, including any proposed finds that a proposed project is in the condition to a certificate to construct mitigation, are appropriately applied. In public convenience and necessity, the facilities, the Commission may require the event landowners have questions or pipeline has the right to acquire the that the pipeline specifically state in the problems during the construction phase property for that project by eminent easement document the specific area or after the facilities are built, they can domain. The pipeline’s right to eminent that is covered by easement and the call the Commission’s enforcement staff. domain is not optional. Further, case phone number and a name of a We believe these measures allow the law suggests that the pipeline cannot representative of the pipeline the Commission to ensure compliance with waive its right to eminent domain.14 It landowners can call if they have a our environmental conditions. is a statutory requirement imposed by question concerning the easement Central Maine is concerned about our Congress. The Commission cannot agreement. pipeline siting regulations and the change or modify statutory G. Negotiated Rulemaking construction process. These concerns requirements. are outside the scope of this rulemaking, Finally, the Commission stated that it and the safety concerns raised by 5. Review of Easement Documents was considering using the negotiated Central Maine are generally under the The landowner groups request that rulemaking process under the purview of the Occupational Safety and the Commission assign a person from Negotiated Rulemaking Act of 1990 as Health Administration and the the Commission’s staff to each area of an alternative to traditional rulemaking Department of Transportation. While we pipeline construction from the to promulgate new regulations for its do favor the use of existing corridors beginning of easement negotiations to landowner notification policy. when appropriate, we recognize that assist landowners in land acquisition. Generally, the comments were not in favor of the negotiated rulemaking cooperation between the companies They contend that the Commission process. The Iowa Board stated that it involved and careful construction should assure that pipelines do not try found such a process for these types of practices are key to success. to acquire more than what they are During our environmental review issues combative and partisan. Others entitled to by the certificate. process we attempt to determine the stated that the negotiated rulemaking Additionally, they request that the feasibility of the joint use of rights-of- process was too rigid a structure. Commission review all easement way and the availability of adequate However, many supported the use of agreements to determine if they are spacing for a proposed project. We working groups to address some of the consistent with the certificate obtain input from both companies more controversial issues. authorization. They state that the before requiring joint use. As stated, we The Negotiated Rulemaking Act landowner does not want to relinquish conduct inspections during recommends that an agency consider more rights than the Commission construction. In the event that trouble the feasibility of regulatory negotiations intended and that the company should arises during the construction phase, we to resolve a specific issue when: (1) not be able to acquire more than the will take steps to avoid inappropriate There is a need for a rule; (2) there are Commission intended. They state that in risks to other utilities or to the public. a limited number of identifiable several recent projects there are interests; (3) these interests can be 4. Eminent Domain discrepancies between the certificate adequately represented by persons Some of the landowner groups state authorization and easement documents/ willing to negotiate in good faith to that in a deregulated industry in which court papers and that they do not have reach a consensus; (4) there is a market forces are allowed to determine the knowledge or resources to fight the likelihood that the committee will reach whether pipelines are constructed, the pipeline. consensus within a fixed period of time; use of eminent domain to enable The Commission does not believe it is (5) the negotiated rulemaking procedure construction and operation of natural necessary to review every easement will not unreasonably delay the notice gas facilities on the private property is document negotiated by the pipeline or of proposed rulemaking; (6) the agency inappropriate. They state that submitted to the court for the has adequate resources and is willing to landowners become largely condemnation proceeding. However, we commit such resources to the process; uncompensated business partners who expect that the pipelines will negotiate and (7) the agency is committed to use receive only a token payment for an with the landowners fairly and in good the result of the negotiation in easement. They argue that market faith. We believe the landowners have a formulating a proposed rule if at all demand is not the same as public need. right to know the specific area the possible. They believe that companies in profit Generally, in light of the comments 14 See Georgia v. City of Chattanooga, 264 U.S. making businesses that use other 472 (1924); Terminal Shares v. Chicago, B & Q.R. received in this proceeding, it is evident people’s properties should be required Co., 65 F.Supp. 678, 683 (1946)(finding that the that the Commission can rule on many to acquire that property in the power of eminent domain is conferred upon a of the issues based on the written record marketplace. They urge the Commission railroad ‘‘as one in trust, to be exercised in in this proceeding. For example, all promoting the public interest.’’ ‘‘[It] is not a power to require a pipeline to acquire a large owned by a railroad corporation as one of its assets, parties are in agreement that earlier majority of easements through that it may barter about and pass as a consideration notification is necessary. However, the negotiations before they can seize the in contracts and agreements.’’) pipelines want notification to be after

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.035 pfrm04 PsN: 21MYP1 27726 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules the application is filed. The landowner and modify existing reporting increase of 3,484 hours for the first year. groups want to be notified earlier to requirements under 18 CFR Parts 2.55, In subsequent years, there would be a participate in the siting process. It is 153, 157, and 380 of the Commission’s net decrease of 5,316 hours. doubtful that any further negotiations Regulations. The information To consider the impact on the persons would produce a consensus on this requirements proposed in the subject affected by this rulemaking, comments issue and it will probably create an rulemaking would affect, and become are solicited on the need for this notice unnecessary delay. Additionally, there part of, the data requirements under the requirement, whether the information/ is very little controversy over how the Commission’s FERC–537 15 and FERC– notice should be delivered and what 577 16 data collections. Specifically, the notice will have practical utility, the should be included in the notice. While subject rule would require notification accuracy of the provided burden other issues, for example, who should of all landowners whose land may be estimates, ways to enhance the quality, be included in the group notified and affected by proposed natural gas utility, and clarity of the information whether the Commission should pipeline projects. requirements, and any suggested designate residential areas as sensitive In accordance with Section 3507(d) of methods for minimizing respondent’s environmental areas, may merit further the Paperwork Reduction Act of 1995,17 burden, including the use of automated public discussion, forming a negotiated the proposed data requirements in the information techniques. The rulemaking committee on the basis of subject rulemaking are being submitted Commission would like specific those issues alone would likely delay to the Office of Management and Budget comments on the impact of this rule on implementation of new notification (OMB) for review. individual natural gas companies. Both regulations that are clearly needed now. The estimated reporting burden estimates of current burden and impact In the event, after the Commission related to the notification requirements should be in work hours and dollar issues this NOPR, it is determined that proposed herein is shown in the tables costs in sufficient detail to demonstrate certain issues may benefit from further below. The estimates include an initial methodology and assumptions. public discussion, the Commission may one-time start-up burden of 8,800 hours for the first year plus an on-going The burden estimates for complying hold additional technical conferences to with this proposed rule are as follows: discuss those issues. annual burden of 7,284 hours under FERC–577 and a decrease of 12,600 Public Reporting Burden: Estimated IV. Information Collection Statement hours under FERC–537. The net change Annual Burden: The burden estimates The proposed rule, if adopted, would in total reporting burden under the data for complying with this proposed rule establish new reporting requirements collections would be an estimated net are as follows:

Total Data collection Number. of Number of Hours per annual respondents responses response hours

FERC±537 ...... 50 ¥50 252 ¥12,600 FERC±577 ...... 70 ¥20 18 +13.9 19 +16,084

Total ...... 70 ¥70 20 +2.1 +3,484 18 The increase per response based on an estimated 1,160 responses per year. Note: Detail may not add to total because of rounding. 19 Includes one-time initial start-up burden of 8,800 hours. 20 Represents the increase per response (rounded) based on the net increase in total reporting burden (3,484 hours) divided by the total number of responses expected annually under both FERC±537 and FERC±577 (1,690 responses).

Total Annual Hours for Collections fiscal years (FY96–FY98), it is estimated under FERC–577 would be reduced by Annual reporting burden (including that 1,690 filings/responses per year 8,800 hours. one-time start-up burden during the first (under both data collections) will be Information Collection costs: The year of implementation) plus record made over the next three years. The Commission seeks comments on the keeping (if appropriate)=3,484 hours. average burden per filing would costs to comply with these Based on the Commission’s increase 2.1 hours; the average burden requirements. It has projected the experience with processing applications per respondent would increase 49.8 average annualized cost for all for construction and acquisition of hours. Following the first year of respondents during the first year of pipeline facilities over the last three implementation, the reporting burden implementation to be:

Annualized on- Annualized going costs Total Data collection capital/start-up (operations annualized costs and mainte- costs nance)

FERC±537 ...... 0 ¥$665,674 ¥$665,674 FERC±577 ...... $464,915 384,823 849,738

Total ...... 464,915 ¥280,851 184,064

15 Gas Pipeline Certificates: Construction, 16 Gas Pipeline Certificates: Environmental Impact 17 44 U.S.C. 3507(d). Acquisition, and Abandonment. Statement.

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OMB regulations require its approval For information on the requirements, for information gathering, analysis, and of certain information collection submitting comments concerning the dissemination, and for sales, exchange, requirements imposed by agency rule.21 collection of information and the and transportation of natural gas that Accordingly, pursuant to OMB associated burden estimates, including requires no construction of facilities.26 regulations, the Commission is suggestions for reducing this burden, While the additions of the categorical providing notice of its proposed please send your comments to the exclusion in proposed sections information collections to OMB. Federal Energy Regulatory Commission, 380.4(a)(31) through (36) include Title: FERC–537 ‘‘Gas Pipeline 888 First Street, NE., Washington, DC construction-type activities, the above Certificate: Construction, Acquisition, 20426 [Attention: Michael Miller, Office section that discusses those sections and Abandonment.’’ and FERC–577 of the Chief Information Officer, Phone: explains why they do not have a ‘‘Environmental Impact Statement.’’ (202) 208–1415, fax: (202) 273–0873, e- significant effect on the environment. Action: Proposed Data Collections. mail: [email protected]]. In Accordingly, we do not believe that any OMB Control No.: 1902–0060 (FERC– addition, comments on reducing the further analysis is needed. Therefore, an 537); 1902–0128 (FERC–577). burden and/or improving the collections environmental assessment is Applicants shall not be penalized for of information should also be submitted unnecessary and has not been prepared failure to respond to these collections of to the Office of Management and in this rulemaking. Budget, Office of Information and information unless the collections of VII. Public Comment Procedures information display a valid OMB Regulatory Affairs, Attention: Desk control number. The notice Officer for the Federal Energy The Commission invites interested requirements proposed in the subject Regulatory Commission, 725 17th persons to submit written comments on rule would be mandatory if adopted by Street, NW, Washington, D.C. 20503, the matters and issues proposed in this the Commission in a Final Rule. phone (202) 395–3087, fax: (202) 395– notice to be adopted, including any Respondents: Businesses or other for 7285. related matters or alternative proposals profit. (Interstate natural gas pipelines that commenters may wish to discuss. V. Regulatory Flexibility Act The original and 14 copies of such (Not applicable to small business)) Certification Frequency of Responses: On occasion. comments must be received by the The Regulatory Flexibility Act (RFA) Necessity of Information: The Commission before 5:00 p.m., June 21, requires agencies to prepare certain proposed rule revises the Commission’s 1999. Comments should be submitted to statements, descriptions and analyses of regulations governing the filing of the Office of the Secretary, Federal proposed rules that will have a Energy Regulatory Commission, 888 applications for the construction and significant economic impact on a operation of pipeline facilities to First Street, NE, Washington DC 20426 substantial number of small entities.22 and should refer to Docket No. RM98– provide service or to abandon facilities The Commission is not required to make or service under section 7 of the NGA. 17–000. such analyses if a rule would not have In addition to filing paper copies, the Section 7 of the NGA requires the such an effect.23 Commission encourages the filing of Commission to issue certificates of The Commission does not believe that comments either on computer diskette public convenience and necessity for all this rule would have such an impact on or via Internet E-Mail. Comments may interstate sales and transportation of small entities. The regulations adopted be filed in the following formats: natural gas, the construction and here impose requirements only on WordPerfect 6.1 or lower version, MS operation of natural gas facilities used interstate pipelines, which are not small Word Office 97 or lower version, or for those interstate sales and businesses. Accordingly, pursuant to ASCII format. transportation and prior Commission section 605(b) of the RFA, the For diskette filing, include the approval of abandonment of Commission hereby certifies that the following information on the diskette jurisdictional facilities or services. The regulations proposed herein will not label: Docket No. RM98–17–000; the Commission has determined that have a significant adverse impact on a name of the filing entity; the software portions of its regulations need to be substantial number of small entities. and version used to create the file; and revised to reflect a recent increase in VI. Environmental Statement the name and telephone number of a sensitivity of the public to pipeline contact person. construction, and a desire on the part of The Commission is required to For Internet E-Mail submittal, the public to receive more timely prepare an Environmental Assessment comments should be submitted to notification of pipeline construction or an Environmental Impact Statement ‘‘[email protected]’’ in the proposals. Certain other changes are for any action that may have a following format. On the subject line, being made because of the significant adverse effect on the human specify Docket No. RM98–17–000. In 24 Commission’s experience in the environment. The Commission has the body of the E-Mail message, include processing of some applications for categorically excluded certain actions the name of the filing entity; the which an environmental assessment is from these requirements as not having a software and version used to create the unnecessary. significant effect on the human file, and the name and telephone 25 Internal Review: The Commission has environment. Generally, the actions number of the contact person. Attach assured itself, by means of its internal proposed to be taken here fall within the comment to the E-Mail in one of the review, that there is specific, objective categorical exclusions in the formats specified above. The support for the burden estimates Commission’s regulations for rules that Commission will send an automatic associated with the information are clarifying, corrective, or procedural, acknowledgment to the sender’s E-Mail requirements. These requirements address upon receipt. Questions on conform to the Commission’s plan for 22 5 U.S.C. 601–612 (1988). electronic filing should be directed to 23 efficient information collection, 5 U.S.C. 605(b)(1988). Brooks Carter at 202–501–8145, E-Mail communication, and management 24 Regulations Implementing the National Environmental Policy Act, Order No. 486, 52 FR address [email protected]. within the natural gas industry. 47897 (Dec. 17, 1987), FERC Stats. & Regs. Preambles 1986–1990 ¶ 30,783 (1987). 26 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 21 5 CFR 1320.11 (1997). 25 18 CFR 380.4. 380.4(a)(27).

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Commenters should take note that, (1) * * * Subpart AÐApplications for until the Commission amends its rules (ii) The replacement facilities will Certificates of Public Convenience and and regulations, the paper copy of the have a substantially equivalent designed Necessity and for Orders Permitting filing remains the official copy of the delivery capacity, will be located in the and Approving Abandonment Under document submitted. Therefore, any same right-of-way or on the same site as Section 7 of the Natural Gas Act, as discrepancies between the paper filing the facilities being replaced, and will be Amended, Concerning Any Operation, and the electronic filing or the diskette constructed using the temporary work Sales, Service, Construction, will be resolved by reference to the space used to construct the original Extension, Acquisition or paper filing. facility as determined by the guidelines Abandonment All written comments will be placed in Appendix A of this Part; in the Commission’s public files and 6. In § 157.6, a new paragraph (d) is will be available for inspection in the (iii) Except as described in paragraph added to read as follows: Commission’s Public Reference room at (b)(2) of this section, the company will file notification of such activity with the § 157.6 Applications; general 888 First Street, NE, Washington DC requirements. 20426, during regular business hours. Commission at least 30 days prior to commencing construction; and * * * * * Additionally, comments may be viewed (d) Landowner notification. (1) For all and printed remotely via the Internet (iv) The company will notify the applications filed under this subpart, through FERC’s Homepage using the affected landowner 30 days prior to the applicant shall notify all affected RIMS link or the Energy Information commencing construction. The landowners by certified or first class Online icon. User assistance is available notification shall include: mail, within 3 business days following at 202–208–2222, or by E-Mail to (A) A brief description of the facilities the date that it files an application of its [email protected]. to be replaced and the effect the intent to construct or abandon facilities. List of Subjects construction activity will have on the (2) All affected landowners includes landowner’s property; owners of real property, as noted in the 18 CFR Part 2 (B) The name and phone number of a most recent county/city tax records as Administrative practice and company representative that is receiving the tax notice, whose procedure, Electric power, Natural gas, knowledgeable about the project; and property: Pipelines, Reporting and recordkeeping (i) Is directly affected by the proposed (C) An explanation of the requirements. activity, including all facility sites, Commission’s Enforcement Hotline rights-of-way, and temporary 18 CFR Part 153 procedures, as codified in section 1b.21 workspace; Exports, Imports, Natural gas, of this chapter, and the Enforcement (ii) Abuts an existing right-of-way or Reporting and recordkeeping Hotline phone number. facility site owned in fee by any utility requirements. * * * * * company, in which the facilities would be constructed; 18 CFR Part 157 PART 153ÐAPPLICATIONS FOR (iii) Abuts the facility site for Administrative practice and AUTHORIZATION TO CONSTRUCT, compressor or LNG facilities; or procedure, Natural gas, Reporting and OPERATE, OR MODIFY FACILITIES (iv) Is within the area of new storage recordkeeping requirements. USED FOR THE EXPORT OR OF fields or expansions of storage fields IMPORT NATURAL GAS 18 CFR Part 380 and any applicable buffer zone. (3) The notice shall include: Environmental impact statements, 3. The authority citation for Part 153 (i) The docket number of the filing; Reporting and recordkeeping continues to read as follows: (ii) The most recent edition of the requirements. Authority: 15 U.S.C. 717b, 717o; E.O. Commission’s pamphlet that explains By direction of the Commission. 10485, 3 CFR, 1949–1953 Comp., p. 970, as the Commission’s certificate process David P. Boergers, amended by E.O. 12038, 3 CFR, 1978 Comp., and addresses the basic concerns of p.136. Secretary. landowners. (iii) A description of the applicant In consideration of the foregoing, the 4. New section 153.3 is added to read and the proposed project, its location, Commission proposes to amend Parts 2, as follows: its purpose, and the timing of the 153, 157, and 380 Chapter I, Title 18, project; Code of Federal Regulations, as set forth § 153.3 Notice requirements. (iv) A description of how the below. All applications filed under this part landowner may contact the applicant, PART 2ÐGENERAL POLICY AND are subject to the landowner notification including a local or toll-free phone INTERPRETATIONS requirements in § 157.6 of this chapter. number and a name of a specific person to contact who is knowledgeable about 1. The authority citation for Part 2 PART 157ÐAPPLICATIONS FOR the project; and continues to read as follows: CERTIFICATES OF PUBLIC (v) Information on how the landowner CONVENIENCE AND NECESSITY AND Authority: 5 U.S.C. 601; 15 U.S.C. 717– can get a copy of the application from 717w, 3301–3432; 16 U.S.C. 792–825y, 2601– FOR ORDERS PERMITTING AND the company or the location(s) where a 2645; 42 U.S.C. 4321–4361, 7101–7352. APPROVING ABANDONMENT UNDER copy of the application may be found as SECTION 7 OF THE NATURAL GAS specified in § 157.10. § 2.55 [Amended] ACT (4) If the notice is returned as 2. In § 2.55, paragraph (b)(1)(ii) is undeliverable, the applicant will make a revised and new paragraphs (b)(1)(iii) 5. The authority citation for Part 157 reasonable attempt to find the correct and (iv) are added to read as follows: continues to read as follows: address and notify the landowner. * * * * * Authority: 15 U.S.C. 717–717w, 3301– (5) Within 30 days of the date the (b) * * * 3432; 42 U.S.C. 7101–7352. application was filed, applicant shall

VerDate 06-MAY-99 16:29 May 20, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.XXX pfrm02 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27729 file an updated list of affected affected landowners, as defined in business days of filing the prior notice, landowners, including information § 157.6(d)(2), within three business days as specified in §§ 157.203(d). concerning notices that were returned of filing its application. The notice * * * * * undeliverable. should include: 7. In § 157.103, a new paragraph (k) is (i) A brief description of the facilities PART 380ÐREGULATIONS added to read as follows: to be constructed or replaced and the IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT § 157.103 Terms and conditions; other effect the construction activity will have on the landowner’s property; requirements. 11. The authority citation for Part 380 (ii) The name and phone number of a * * * * * continues to read as follows: (k) Applications filed under this company representative that is knowledgeable about the project; Authority: National Environmental Policy section are subject to the landowner Act of 1969, 42 U.S.C. 4321–4370a; notification requirements described in (iii) The docket number assigned to the company’s application; and Department of Energy Organization Act, 42 § 157.6(d). U.S.C. 7101–7352; E.O. 12009, 3 CFR 1978 8. In § 157.202, a sentence is added to (iv) The following paragraph: This Comp., p. 142. the end of paragraph (b)(2)(i), paragraph project is being proposed under the 12. In § 380.4(a), new paragraphs (31) (b)(6)(ii) is revised, and paragraph prior notice requirements of the blanket through (36) are added to read as (b)(11)(i) is revised to read as follows: certificate program administered by the Federal Energy Regulatory Commission. follows: § 157.202 Definitions. Under the Commission’s regulations, § 380.4 Projects or actions categorically * * * * * you have the right to protest this project excluded (b) * * * within 45 days of the date the (a) * * * (2)(i) * * * Eligible facility includes Commission issues a notice of the observation wells. pipeline’s filing. If you file a protest, * * * * * * * * * * you should include the docket number (31) Abandonment of facilities by sale (6) * * * listed in this letter and provide the that involves only minor or no ground (ii) When required by highway specific reasons for your protest. The disturbance to disconnect the facilities construction, dam construction, protest should be mailed to the from the system; encroachment of residential, Secretary of the Federal Energy (32) Conversion of facilities from use commercial, or industrial areas, erosion, Regulatory Commission, 888 First St., under the NAPA to use under the NGA; or the expansion or change of course of NE, Room 1A, Washington, DC 20426. A (33) Construction or abandonment of rivers, streams or creeks, or copy of the protest should be mailed to facilities constructed entirely in Federal * * * * * the pipeline at [pipeline address]. If you offshore waters that has been approved (11) Sensitive environmental area have any questions concerning these by the Minerals Management Service means: procedures you can call the and the Corps of Engineers, as (i) The habitats of species which have Commission’s Office of External Affairs necessary; (34) Abandonment or construction of been identified as endangered or at (202) 208–1088. facilities on an existing offshore threatened under the Endangered 10. In § 157.206, new paragraphs platform; Species Act (Pub. L. 93–205, as (b)(2)(xii), (b)(3)(iv) and (b)(8) are added (35) Abandonment, construction or amended) and essential fish habitat as to read as follows: identified under the Magnuson-Stevens replacement of a facility (other than Fishery Conservation and Management § 157.206 Standard conditions. compression) solely within an existing Act (16 U.S.C. 1801, et seq.); * * * * * building within a natural gas facility * * * * * (b) Environmental compliance. *** (other than LNG facilities), if it does not 9. In § 157.203, new paragraph (d) is (2) * * * increase the noise or air emissions from added to read as follows: (xii) Magnuson-Stevens Fishery the facility, as a whole; and Conservation and Management Act (16 (36) Conversion of compression to § 157.203 Blanket certification. U.S.C. 1801, et seq.) standby use if the compressor is not * * * * * (3) * * * moved, or abandonment of compression (d) Landowner notification. (1) No (iv) Paragraphs (b)(2)(i) and (viii) of if the compressor station remains in activity described in § 157.203(b) is this section only if it adheres to operation. authorized unless the company notifies Commission staff’s current ‘‘Upland 13. In § 380.12, paragraph (c)(5) is all affected landowners, as defined in Erosion Control, Revegetation and revised; paragraph (c)(10) is revised; and § 157.6(d)(2), at least 30 days prior to Maintenance Plan’’ and ‘‘Wetland and the first two sentences of (e)(5) are commencing construction. The Waterbody Construction and Mitigation revised to read as follows: notification shall include: Procedures’’ which are available on the (i) A brief description of the facilities § 380.12 Environmental reports for Natural Commission Internet home page or from to be constructed or replaced and the Gas Act applications. the Commission staff, or gets written effect the construction activity will have * * * * * approval from the staff or the on the landowner’s property; (c) * * * (ii) The name and phone number of a appropriate Federal or state agency for (5)(i) Identify facilities to be company representative who is the use of project-specific alternatives to abandoned, and state how they would knowledgeable about the project; and clearly identified portions of those be abandoned, how the site would be (iii) An explanation of the documents. restored, who would own the site or Commission’s Enforcement Hotline * * * * * right-of-way after abandonment, and procedures, as codified in section 1b.21 (8) The certificate holder shall notify who would be responsible for any of this chapter, and the Enforcement the affected landowners of the project at facilities abandoned in place. Hotline telephone number. least 30 days prior to the beginning of (ii) When the right-of-way or the (2) For activities described in construction for automatically easement would be abandoned, identify § 157.203(c) the company shall notify all authorized activities, or within 3 whether landowners were given the

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.040 pfrm04 PsN: 21MYP1 27730 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules opportunity to request that the facilities Resource Report 3—Vegetation and Wildlife DATES: Written and electronic comments on their property, including foundations 1. Classify the fishery type of each surface must be received by August 19, 1999. and below ground components, be waterbody that would be crossed, including Outlines of topics to be discussed at the removed. Identify any landowners fisheries of special concern. (§ 380.12(e)(1)) public hearing scheduled for September whose preferences the company does 2. Describe terrestrial and wetland wildlife 22, 1999, at 10 a.m., must be received not intend to honor, and the reasons and habitats that would be affected by the by September 1, 1999. therefore. project. (§ 380.12(e)(2)) 3. Describe the major vegetative cover ADDRESSES: Send submissions to: * * * * * types that would be crossed and provide the CC:DOM:CORP:R (REG–105312–98), (10) Provide the names and mailing acreage of each vegetative cover type that Room 5226, Internal Revenue Service, addresses of all affected landowners would be affected by construction. POB 7604, Ben Franklin Station, specified in § 157.6(d) and certify that (§ 380.12(e)(3)) Washington, DC 20044. Submissions 4. Describe the effects of construction and all affected landowners will be notified may be hand delivered Monday through operation procedures on the fishery resources Friday between the hours of 8 a.m. and as required in § 157.6(d). and proposed mitigation measures. 5 p.m. to: CC:DOM:CORP:R (REG– * * * * * (§ 380.12(e)(4)) 5. Evaluate the potential for short-term, 105312–98), Courier’s Desk, Internal (e) * * * long-term, and permanent impact on the Revenue Service, 1111 Constitution (5) Identify all federally listed or wildlife resources and state-listed Avenue, NW., Washington, DC. proposed threatened or endangered endangered or threatened species caused by Alternatively, taxpayers may submit species and critical habitat and federally construction and operation of the project and comments electronically via the Internet listed essential fish habitat that proposed mitigation measures. by selecting the ‘‘Tax Regs’’ option on potentially occur in the vicinity of the (§ 380.12(e)(4)) the IRS Home Page, or by submitting 6. Identify all federally listed or proposed comments directly to the IRS Internet project. Discuss the results of the endangered or threatened species and consultation requirements listed in site at http://www.irs.ustreas.gov/ federally listed essential fish habitat that l § 380.13(b) at least through potentially occur in the vicinity of the project tax regs/regslist.html. The public § 380.13(b)(5)(i) for endangered or and discussion results of consultations with hearing will be held in the IRS threatened species and with the other agencies. (§ 380.12(e)(5)) Auditorium, 7th Floor, Internal Revenue National Marine Fisheries Service for 7. Describe any significant biological Building, 1111 Constitution Avenue, essential fish habitat, and include any resources that would be affected. Describe NW., Washington, DC. written correspondence that resulted impact and any mitigation proposed to avoid or minimize that impact. (§ 380.12(e)(4 & 6)) FOR FURTHER INFORMATION CONTACT: from the consultation. * ** Concerning the proposed regulations, A. * * * * * * * * * * Katharine Jacob Kiss at (202) 622–4920; [FR Doc. 99–11215 Filed 5–20–99; 8:45 am] 14. In Appendix A to Part 380, the concerning submissions of comments, BILLING CODE 6717±01±P descriptions of Resource Reports 1 and the hearing, and/or to be placed on the 3 are revised to read as follows: building access list to attend the hearing, Michael Slaughter at (202) 622– Appendix A to Part 380–Minimum DEPARTMENT OF THE TREASURY 7180 (not toll-free numbers). Filing Requirements for Environmental SUPPLEMENTARY INFORMATION: Reports Under the Natural Gas Act Internal Revenue Service Paperwork Reduction Act Resource Report 1—General Project 26 CFR Part 1 Description The collection of information 1. Provide a detailed description and [REG±105312±98] contained in this notice of proposed location map of the project facilities. rulemaking has been submitted to the (§ 380.12(c)(1)) RIN 1545±AW72 Office of Management and Budget for 2. Describe any nonjurisdictional facilities review in accordance with the that would be built in association with the Reporting of Gross Proceeds Paperwork Reduction Act of 1995 (44 project. (§ 380.12(c)(2)) Payments to Attorneys U.S.C. 3507(d)). Comments on the 3. Provide current original U.S. Geological AGENCY: Internal Revenue Service (IRS), collection of information should be sent Survey (USGS) 7.5-minute-series topographic to the Office of Management and maps with mileposts showing the project Treasury. Budget, Attn: Desk Officer for the facilities; (§ 380.12(c)(3)) ACTION: Notice of proposed rulemaking Department of the Treasury, Office of 4. Provide aerial images or photographs or and notice of public hearing. alignment sheets based on these sources with Information and Regulatory Affairs, mileposts showing the project facilities; SUMMARY: This document contains Washington, DC 20503, with copies to (§ 380.12(c)(3)) proposed regulations relating to the the Internal Revenue Service, Attn: IRS 5. Provide plot/site plans of compressor reporting of payments of gross proceeds Reports Clearance Officer, OP:FS:FP, stations showing the location of the nearest to attorneys. The regulations reflect Washington, DC 20224. Comments on noise-sensitive areas (NSAs) within 1 mile. changes to the law made by the the collection of information should be (§ 380.12(c)(3,4)) Taxpayer Relief Act of 1997. The received by July 20, 1999. Comments are 6. Describe construction and restoration regulations will affect attorneys who specifically requested concerning: methods. (§ 380.12(c)(6)) Whether the proposed collection of 7. Identify the permits required for receive payments of gross proceeds on construction across surface waters. behalf of their clients, and certain information is necessary for the proper (§ 380.12(c)(9)) payors (defendants in lawsuits and their performance of the functions of the 8. Provide the names and address of all insurance companies and agents) that in Internal Revenue Service, including affected landowners and certify that all the course of their trades or businesses whether the information will have affected landowners will be notified as make payments to these attorneys. This practical utility; required in § 157.6(d). (§ 380.12(a)(4) and document also provides notice of a The accuracy of the estimated burden (c)(10)) public hearing on these proposed associated with the proposed collection * * * * * regulations. of information (see below);

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How the quality, utility, and clarity of payor). No information return is Wherever possible, however, the the information to be collected may be required under section 6045(f) for the proposed regulations provide enhanced; portion of any payment that is required exceptions to the reporting requirement. How the burden of complying with to be reported under section 6041(a) (or For example, the proposed regulations the proposed collection of information that would be required except for the provide for a rule of administrative may be minimized, including through $600 limitation) or under section 6051 convenience if multiple attorneys are the application of automated collection (employee compensation). The 1997 Act listed as payees. Generally, in those techniques or other forms of information also provides that the general exception situations, the payor is only required to technology; and for reporting to corporations in report on the attorney who receives the Estimates of capital or start-up costs § 1.6041–3(c) does not apply to payment. The IRS and Treasury and costs of operation, maintenance, corporations providing legal services. Department continue to welcome and purchase of services to provide comments on whether additional information. Explanation of Provisions exceptions to the reporting requirement The collection of information in this The proposed regulations take into are appropriate. proposed regulation is in § 1.6045–5(a). account comments made by, among Many commentators suggested that This information is required by the IRS others, insurance companies and other Form 1099–B is not the best form for to implement section 1021 of the payors, the American Bar Association, reporting under section 6045(f). The Taxpayer Relief Act of 1997. This and the members of the Commissioner’s proposed regulations provide that the information will be used to verify Information Reporting Program information return is made on Form compliance with section 6045 and to Advisory Committee (IRPAC). The 1099–MISC. determine that the taxable amount of operation of section 6045(f) was the Several commentators asked the IRS these payments has been computed subject of a paper presented at the to define legal services. Some correctly. The collection of information IRPAC meeting held in Washington, commentators requested a narrow is mandatory. The likely respondents DC., on October 28 and 29, 1997, and definition that would exclude any are businesses and other for profit comments were also received at that services that did not require that the institutions. meeting. provider be an attorney, e.g., property or Respondent taxpayers (payors) financial management services. The proposed regulations clarify that provide the information by completing However, those commentators also there is no threshold amount below one Form 1099–MISC, Miscellaneous stated that the attorney would most which reporting under section 6045(f) is Income, for each attorney who has likely be collecting a fee for rendering not required. Additionally, payments received one or more payments of gross those services. The IRS and Treasury made to corporations engaged in proceeds from the payor during the Department have proposed a broad providing legal services are reportable. calendar year. The burden for this definition of legal services that includes requirement is reflected in the burden Several commentators asked whether any services performed by or under the estimate for Form 1099–MISC. The reporting under section 6045(f) relieves supervision of an attorney. estimated burden of information the payor of all other reporting One commentator asked whether the collection for the 1999 Form 1099–MISC obligations by shifting the reporting attorney’s TIN must be certified. The is 14 minutes per return. obligations to the attorney. The proposed regulations provide that, An agency may not conduct or proposed regulations do not adopt this consistent with the general rule under sponsor, and a person is not required to approach. Section 6045 imposes an sections 6045 and 6041, the attorney’s respond to, a collection of information additional reporting requirement on TIN need not be certified. unless the collection of information payors and does not relieve them of any The proposed regulations clarify that displays a valid OMB control number other pre-existing or concurrently payments of gross proceeds are subject assigned by the Office of Management existing reporting requirement. The to backup withholding if the attorney and Budget. exception in section 6045(f)(2)(B) is does not provide a TIN. This is Books or records relating to a limited to situations in which the consistent with the legislative history collection of information must be amount of the attorney fee is already that provides: retained as long as their contents may reportable to the attorney as income or wages. The legislative history clearly Third, attorneys are required to promptly become material in the administration supply their TINS to persons required to file of any internal revenue law. Generally, supports this determination. See, H.R. these information reports, pursuant to section tax returns and tax return information Conf. Rep. No. 220, 105th Cong., 1st 6109. Failure to do so could result in the are confidential, as required by 26 Sess. 546 (1997) and Joint Committee on attorney being subject to penalty under U.S.C. 6103. Taxation Staff, General Explanation of section 6723 and the payments being subject Tax Legislation Enacted in 1997, 105th to backup withholding under section 3406. Background Cong., 1st Sess. 214–15 (1997). H.R. Conf. Rep. No. 220, at 546 (1997). This document contains proposed Several commentators stated that in Finally, all of the examples in the amendments to the Income Tax certain situations, a gross proceeds proposed regulations follow the Regulations (26 CFR Part 1) under payment is delivered to the attorney, but generally well-established principle of section 6045 of the Internal Revenue the attorney is not listed as a payee on tax law that the income portion of a Code. A new reporting requirement, the check. In some instances this results plaintiff’s settlement is not reportable section 6045(f), was added to the Code from the operation of local law; in other net of the attorneys fees. But, cf., Rev. by section 1021 of the Taxpayer Relief instances, attorneys request that their Rul. 80–364, 1980–2 C.B. 294 (Situation Act of 1997 (1997 Act) (Pub. L. 105–34, names not appear on the check. The 3 holding that the attorney’s fees portion 111 Stat. 922). Section 6045(f) provides proposed regulations provide that when of the settlement is a reimbursement for for information reporting for payments a payment is delivered to an attorney, expenses incurred by the union to of gross proceeds made in the course of even if that attorney is not listed as a enforce the collective bargaining a trade or business to attorneys in payee, the payor is required to file an agreement and not includible in the connection with legal services (whether information return under section gross income of the individual or not the services are performed for the 6045(f). employees), and Davis v. Commissioner,

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T.C.M. 1998–248 (following Cotnam v. placed on the building access list to § 1.6041±3 Payments for which no return Commissioner, 263 F.2d 119 (5th Cir. attend the hearing, see the FOR FURTHER of information is required under section 1959) for determinations under Alabama INFORMATION CONTACT section of this 6041. law). preamble. * * * * * (c) Payments to a corporation, except Special Analyses The rules of 26 CFR 601.601(a)(3) apply to the hearing. payments made after December 31, It has been determined that this notice Persons who wish to present oral 1997, to a corporation engaged in of proposed rulemaking is not a providing legal services, and except significant regulatory action as defined comments at the hearing must submit written comments and an outline of the payments made after December 31, in Executive Order 12866. Therefore, a 1970, to a corporation engaged in regulatory assessment is not required. It topics to be discussed and the time to be devoted to each topic (signed original providing medical and health care has also been determined that section services or engaged in the billing and 553(b) of the Administrative Procedure and 8 copies) by September 1, 1999. A period of 10 minutes will be allotted to collecting of payments in respect to the Act (5 U.S.C. Chapter 5) does not apply providing of medical and health care to these regulations. each person for making comments. An agenda showing the scheduling of the services, other than payments to— It is hereby certified that the * * * * * collection of information in these speakers will be prepared after the deadline for receiving outlines has Par. 4. Section 1.6045–5 is added to regulations will not have a significant read as follows: economic impact on a substantial passed. Copies of the agenda will be number of small entities. This available free of charge at the hearing. § 1.6045±5 Information reporting on certification is based on the facts that: Drafting Information: The principal payments to attorneys. (1) the time required to prepare and file author of these proposed regulations is (a) Requirement of reporting—(1) In a Form 1099–MISC is minimal A. Katharine Jacob Kiss, Office of general. A person engaged in a trade or (currently estimated at 14 minutes per Assistant Chief Counsel (Income Tax business that makes a payment in the form); and (2) it is not anticipated that, and Accounting). However, other course of that trade or business to an as a result of these regulations, small personnel from the IRS and Treasury attorney in connection with legal entities will have to prepare and file Department participated in their services (whether or not the services more than a few, at most, forms per development. were performed for the payor) must, year. Therefore, a Regulatory Flexibility List of Subjects 26 CFR Part 1 except as provided in paragraph (c) of Analysis under the Regulatory this section, file an information return Flexibility Act (5 U.S.C. chapter 6) is Income taxes, Reporting and on Form 1099–MISC, ‘‘Miscellaneous not required. Pursuant to section 7805(f) recordkeeping requirements. Income’’, with the Internal Revenue of the Internal Revenue Code, this Proposed Amendments to the Service for the calendar year in which notice of proposed rulemaking will be Regulations the payment is made. For the time and submitted to the Chief Counsel for place of filing Form 1099–MISC, see Advocacy of the Small Business Accordingly, 26 CFR part 1 is § 1.6041–6. The requirements of this Administration for comment on its proposed to be amended as follows: paragraph (a)(1) apply whether or not— impact on small business. (i) Payments to the attorney aggregate PART 1ÐINCOME TAXES Comments and Public Hearing less than $600 for the calendar year; (ii) A portion of a payment is kept by Paragraph 1. The authority citation Before these proposed regulations are the attorney as compensation for legal for part 1 continues to read in part as adopted as final regulations, services rendered; or consideration will be given to any follows: (iii) Other information returns are electronic or written comments (a Authority: 26 U.S.C. 7805 * * * required with respect to some or all of signed original and eight (8) copies) that a payment under other applicable Par. 2. Section 1.6041–3, effective on are submitted timely to the IRS. The IRS provisions of the Internal Revenue Code January 1, 2000, is amended by revising and Treasury Department request and the regulations thereunder. the first sentence of paragraph (q)(1) to comments on the clarity of the proposed (2) Information required. The read as follows: rules and how they can be made easier information return required under to understand. All comments will be § 1.6041±3 Payments for which no return paragraph (a)(1) of this section must available for public inspection and of information is required under section include the following information: copying. 6041. (i) The name, address, and taxpayer A public hearing has been scheduled * * * * * identification number (TIN) (as defined for September 22, 1999, beginning at 10 (q) * * * in section 7701(a)) of the person making a.m. in the IRS Auditorium of the the payment. (1) A corporation described in Internal Revenue Building, 1111 (ii) The name, address, and TIN of the § 1.6049–4(c)(1)(ii)(A), except a Constitution Avenue, NW., Washington, attorney to whom the payment was corporation engaged in providing legal DC. Due to building security made. procedures, visitors must enter at the services, and except a corporation (iii) The aggregate amount of 10th Street entrance, located between engaged in providing medical and payments for the calendar year. Constitution and Pennsylvania health care services or engaged in the (iv) Any other information required Avenues, NW. In addition, all visitors billing and collecting of payments in by Form 1099–MISC and its must present photo identification to respect to the providing of medical and instructions. enter the building. Because of access health care services. * ** (3) Requirement to furnish statement. restrictions, visitors will not be * * * * * A person required to file an information admitted beyond the immediate Par. 3. Section 1.6041–3, currently in return under paragraph (a)(1) of this entrance area more than 15 minutes effect as of May 21, 1999, is amended section must furnish to the attorney a before the hearing starts. For by revising the introductory text of written statement of the information information about having your name paragraph (c) to read as follows: required to be shown on the return. This

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.021 pfrm04 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27733 requirement may be met by furnishing clearly demonstrate that the attorney is check payable solely to D and delivers the a copy of the return to the attorney. The not subject to U.S. tax. payment to E’s office. W has made a payment written statement must be furnished to (d) Definitions. The following to an attorney (see paragraph (b)(1) of this the attorney on or before January 31 of definitions apply for purposes of this section) and must file a return of information under paragraph (a) of this section. the year following the year in which the section: (1) Attorney means a person engaged Example 5. X, a defendant in a suit for lost payment was made. wages, reasonably believes that F, the (b) Special rules—(1) Check delivered in the practice of law, whether as a sole plaintiff, has been represented by attorney G to non-payee attorney. If a check is proprietor, partnership, corporation, or throughout the proceeding as evidenced by delivered to an attorney who is not a joint venture. filings and correspondence signed by G. X payee, an information return must be (2) Legal services means all services makes a check for damages payable solely to filed under paragraph (a)(1) of this performed by, or under the supervision F and delivers it to G’s office. X has made section with respect to the attorney if, of, an attorney. a payment to an attorney (see paragraph under the circumstances, it is (e) Attorney to furnish TIN. A payor (b)(1) of this section) and must file a return that is required to make an information of information under paragraph (a) of this reasonable for the payor to believe that section. the attorney is receiving the check in return under this section must solicit a TIN from the attorney at or before the Example 6. Y, a defendant in a suit, makes connection with legal services. a payment of the gross proceeds of the (2) Joint or multiple payees—(i) Check time the payor pays gross proceeds to amount awarded under the suit to the delivered to attorney. If more than one the attorney. Any attorney whose TIN is plaintiff’s attorneys, H, I, and J. H, I, and J attorney is listed as a payee on a check, solicited must furnish the TIN to the are not related parties. The payment is an information return must be filed payor, but is not required to certify that delivered to J’s office. J deposits the monies under paragraph (a)(1) of this section the TIN is correct. Except as otherwise into her trust account and pays H and I their with respect to the attorney who provided under section 3406, if the respective shares. Y must file a return of information with respect to J (see paragraph received the check. attorney does not furnish the attorney’s TIN, the payment is subject to backup (b)(2)(i) of this section). J must file a return (ii) Check delivered to non-attorney. If of information with respect to H and I (see a check has attorney and non-attorney withholding. (f) Examples. The provisions of this paragraph (b)(3) of this section). payees and the check is delivered to a section are illustrated by the following (g) Cross reference to penalties. See non-attorney, an information return examples: the following sections regarding must be filed under paragraph (a)(1) of penalties for failure to comply with the this section with respect to the first Example 1. A, a plaintiff in a suit for lost requirements of section 6045(f) and this listed attorney. wages against T, is represented by attorney B. section: (3) Attorney required to report A settles her suit for $300,000. Payment is made by a check payable jointly to A and B. (1) Section 6721 for failure to file a payments made to the other attorneys. T does not know the amount of the attorney correct information return. An attorney with respect to whom an fee. B retains $100,000 and disburses the (2) Section 6722 for failure to furnish information return is filed under remaining $200,000 net proceeds to A. T a correct payee statement. paragraph (b)(1) or (2) of this section must file a Form W–2 for $300,000 with (3) Section 6723 for failure to comply must file information returns, as respect to A under section 6051. T must also with other information reporting required under this section, for file a Form 1099–MISC with respect to B for $300,000 (see paragraph (a)(1)(iii) of this requirements (including the payments the attorney makes to any requirement to furnish a TIN). other attorneys. section). Example 2. The facts are the same as in (4) Section 7203 for willful failure to (c) Exceptions. A return of Example 1, except that T knows that the supply information (including a information is not required under attorney fee is one-third of the settlement taxpayer identification number). paragraph (a)(1) of this section with amount, or $100,000. T must file a Form W– (h) Effective date. The rules in this respect to the following payments: 2 for $300,000 with respect to A under section apply to payments made after (1) Payments of wages or other section 6051. T must also file a Form 1099– December 31, 1999. MISC with respect to B for $100,000 under compensation paid to an attorney by the Robert E. Wenzel, section 6041. T is not required to file an attorney’s employer. Deputy Commissioner of Internal Revenue. (2) Payments of compensation or information return with respect to B for $200,000 (the balance of the gross proceeds) [FR Doc. 99–12662 Filed 5–20–99; 8:45 am] profits paid or distributed to its because of the exception provided in BILLING CODE 4830±01±U individual partner by a partnership paragraph (c)(5) of this section. engaged in providing legal services. Example 3. C, a plaintiff in a suit for (3) Payments of dividends or physical personal injury against V, is corporate earnings and profits paid to its represented by attorney D. C settles his suit DEPARTMENT OF VETERANS shareholder by a corporation engaged in for damages that are excludable from C’s AFFAIRS providing legal services. gross income under section 104(a)(2). The settlement check is payable jointly to C and 38 CFR Part 17 (4) Payments of income to an attorney D. V does not know the amount of the RIN 2900±AJ07 of a fixed or determinable amount attorney fee. V must file a return of required to be reported (or payments information with respect to D under Medication Prescribing Authority that would be required to be reported paragraph (a)(1) of this section. V is not were it not for failing to meet the dollar required to file a return of information with AGENCY: Department of Veterans Affairs. respect to C under section 6041 because the amount limitation contained in section ACTION: Proposed rule; withdrawal. 6041(a)) pursuant to section 6041(a) and settlement amount is excludable from C’s § 1.6041–1(a). income under section 104(a)(2). SUMMARY: This document withdraws our (5) Payments of the balance of the Example 4. W, a defendant in a suit for proposal to amend our medical wrongful injury, knows that D, the plaintiff, gross proceeds made to an attorney if a has been represented by attorney E regulations concerning the prescribing payment described in paragraph (c)(4) of throughout the proceeding. State O, where of medications which was published in this section is made. the suit is brought, mandates that certain the Federal Register on May 4, 1999 (64 (6) Payments made to a foreign benefits and settlement awards be made FR 23812). We proposed to change the attorney, if the foreign attorney can payable to the claimant only. W makes a regulations by stating that health care

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.023 pfrm04 PsN: 21MYP1 27734 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules professionals, other than physicians, are standard by the dates prescribed in the V. Why is EPA proposing to reclassify the able to prescribe medications as CAA. Kentucky and Indiana are working Louisville area? authorized by VA and to conduct the together to comply with the conditions VI. What is EPA’s new policy regarding necessary medication reviews. We also for receiving an extension. If Kentucky extension of attainment dates for downwind transport areas? proposed to amend the regulations to and Indiana make submittals in VII. Is the Louisville area eligible for an allow for VA health care professionals response to the extension policy, EPA attainment date extension under the to issue prescriptions by electronic will address the adequacy of those extension policy? means in addition to ordering submittals in a subsequent VIII. What progress has been made by prescriptions by telephone. We have supplemental proposal. If the submittals Kentucky and Indiana to meet the decided that we should reconsider meet the criteria for an extension, the extension policy so that an attainment issues raised in the proposal and intend attainment date for the Louisville area date extension can be obtained? to publish a new proposal with will be extended, and the area will not IX. What actions have Kentucky and Indiana clarifications. be reclassified. EPA does not intend to taken to improve air quality in the Louisville area? FOR FURTHER INFORMATION CONTACT: take final action on reclassification of X. If EPA finalizes its proposed rulemaking Thomas V. Holohan, M.D., FACP, Chief the Louisville area prior to allowing the reclassifying the Louisville area, what Patient Care Services Officer (11), area an opportunity to qualify for an would be the area’s new classification? Veterans Health Administration, 202– attainment date extension under the XI. If the Louisville area is reclassified to 273–8474. (This is not a toll-free extension policy. serious, when would it be required to attain the standard? number.) DATES: Comments must be received on XII. When will EPA make a final decision on Approved: May 17, 1999. or before June 21, 1999. whether to reclassify or grant an Togo D. West, Jr., ADDRESSES: All comments should be extension to the Louisville area? Secretary of Veterans Affairs. addressed to: Kay Prince, Section Chief, XIII.Administrative Requirements. [FR Doc. 99–12880 Filed 5–20–99; 8:45 am] Regulatory Planning Section, Air I. What Action Is Being Taken in This BILLING CODE 8320±01±U Planning Branch, U.S. Environmental Document? Protection Agency, 61 Forsyth Street, Atlanta, GA, 30303; or to J. Elmer EPA is proposing to find that the Bortzer, Chief, Regulation Development Louisville area has failed to attain the ENVIRONMENTAL PROTECTION one-hour ozone NAAQS by the AGENCY Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, November 15, 1996, attainment deadline 40 CFR Part 81 77 West Jackson Boulevard, Chicago, IL prescribed under the CAA for moderate 60604. ozone nonattainment areas, or by the [KY±9917; IN92±1; FRL±6346±3] November 15, 1997 extended deadline Copies of the Louisville area granted to the Louisville area under monitored air quality data analyses, Clean Air Act Reclassification or Section 181 (a)(5) of the CAA. EPA’s guidance on extension of attainment Extension of Attainment Date, authority to make this finding is dates in downwind transport areas, state Kentucky and Indiana; Louisville discussed under section 181(b)(2) of the submittals requesting attainment date Nonattainment Area; Ozone CAA. Section 181(b)(2) explains EPA’s extension, and other relevant responsibility to determine whether an AGENCY: Environmental Protection documents used in support of this area has attained the one-hour ozone Agency (EPA). proposal are available at the following standard, and its duty to reclassify the ACTION: Proposed rule. addresses for inspection during normal area if necessary. If EPA finalizes this business hours: U.S. Environmental SUMMARY: EPA proposes to find that the finding, the Louisville area will be Protection Agency, Region 4, Air Louisville moderate ozone reclassified by operation of law from Planning Branch, 61 Forsyth Street, nonattainment area (Louisville area) has moderate nonattainment to serious Atlanta, GA, 30303; U.S. Environmental failed to attain the one-hour ozone nonattainment. Protection Agency, Region 5, Air National Ambient Air Quality Standard Alternatively, EPA is also proposing Programs Branch, Air and Radiation (NAAQS) by its applicable attainment to extend the Louisville area’s Division, 77 West Jackson Boulevard, date. If EPA takes final action on this attainment date, provided that Kentucky Chicago, IL 60604; and the U.S. finding, the Louisville area would be and Indiana submit State Environmental Protection Agency, Air reclassified as a serious nonattainment Implementation Plans (SIPs) pursuant to and Radiation Docket and Information area. The Louisville area consists of EPA’s July 16, 1998 policy, entitled Center, Air Docket (6102), 401 M Street, Jefferson County and portions of Bullitt ‘‘Guidance on Extension of Air Quality SW, Washington, D.C. 20460. and Oldham Counties in Kentucky, and Attainment Dates for Downwind Clark and Floyd Counties in Indiana. FOR FURTHER INFORMATION CONTACT: Kay Transport Areas’’ (Richard D. Wilson, However, EPA is also proposing to Prince, EPA Region 4, (404) 562–9026, Acting Assistant Administrator for Air extend the Louisville area’s attainment Karla McCorkle, EPA Region 4, (404) and Radiation) by November 15, 1999. date, if Kentucky and Indiana meet the 562–9043, or Jay Bortzer, EPA Region 5, If the States meet the extension policy criteria of EPA’s July 16, 1998 (312) 886–1430. criteria and EPA proposes to approve attainment date extension policy. The SUPPLEMENTARY INFORMATION: The the States’ submittals, then a specific extension policy provides that a supplemental information is organized extended attainment date will be nonattainment area, such as the in the following order: proposed in the same notice. EPA will Louisville area, may be eligible for an take final action on the new attainment attainment date extension if it meets I. What action is being taken in this date at the time it takes final action on document? certain conditions. The extension policy II. What are the National Ambient Air the attainment demonstration and the applies where pollution from upwind Quality Standards? other necessary submittals. However, if areas interferes with the ability of a III. What is the NAAQS for ozone? Kentucky and Indiana fail to meet the downwind area to demonstrate IV. What is the Louisville ozone criteria of the extension policy, EPA attainment with the one-hour ozone nonattainment area? will finalize this proposed finding of

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.052 pfrm04 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27735 failure to attain, and the Louisville area emissions reductions in upwind areas visibility. The CAA requires these will be reclassified to a serious ozone associated with the NOx SIP call. standards be set at levels that protect nonattainment area. public health and welfare with an II. What Are the National Ambient Air EPA believes that this approach is adequate margin of safety. These Quality Standards? reasonable since it (1) ensures that the standards allow the American people to local control measures mandated by the Since the CAA’s inception in 1970, assess whether or not the air quality in CAA for moderate nonattainment areas, EPA has set NAAQS for six common air their communities is healthful. Also, the such as Volatile Organic Compound pollutants: carbon monoxide, lead, NAAQS present state and local (VOC) and Nitrogen Oxides (NOx) nitrogen dioxide, ozone, particulate governments with the air quality levels Reasonably Available Control matter, and sulfur dioxide. For these they must meet to achieve clean air. Technology (RACT), are achieved; (2) common air pollutants there are two III. What Is the NAAQS for Ozone? takes into consideration the transport of types of pollution limits referred to as pollutants into the Louisville area the primary and secondary standard. The NAAQS for ozone is expressed in which impair the ability of the area to The primary standard is based on health two forms which are referred to as the meet the air quality standards; and (3) effects; and the secondary standard is one-hour and eight-hour standards. harmonizes the Louisville area based on environmental effects such as Table 1 summarizes the ozone attainment date with the schedule for damage to property, plants, and standards.

TABLE 1.ÐSUMMARY OF OZONE STANDARDS

Value Standard (parts per Type Method of compliance million)

1-hour ...... 0.12 Primary and secondary ... Concentration of ozone monitored in ambient air must not exceed standard value, on average, more than one day per year over any 3-year period. 8-hour ...... 0.08 Primary and secondary ... The 3-year average of the annual fourth highest daily maximum 8-hour average ozone concentration measured at each monitor within an area must be equal to or below the standard value.

The one-hour ozone standard of 0.12 counties in both Kentucky and Indiana nonattainment area, which characterizes ppm has existed since 1979. The eight- as follows: Jefferson County and the severity of the area’s air quality hour ozone standard, which replaces the portions of Bullitt and Oldham Counties problem, is represented by the highest one-hour standard, was adopted by EPA in Kentucky; and Clark and Floyd design value at any individual ozone on July 18, 1997 (62 FR 38856). Counties in Indiana. monitoring site. The design value of a However, the one-hour ozone standard Under section 107(d)(1)(C) of the monitoring site is the fourth highest continues to apply for existing one-hour daily maximum ozone value nonattainment areas until such time as CAA, each area that EPA designated nonattainment for the one-hour ozone recorded in a given three-year period EPA determines that the area has with complete monitoring data. Table 2 attained the one-hour ozone standard standard prior to enactment of the 1990 provides the design value ranges for (40 CFR 50.9(b)). The one-hour standard CAA amendments, such as the each nonattainment classification. continues to apply to the Louisville area Louisville area, retained its Ozone nonattainment areas with design and it is the classification of the nonattainment designation by operation Louisville area relative to the one-hour of law upon enactment of the 1990 values between 0.138 and 0.160 ppm ozone standard that is addressed in this amendments. Under section 181(a) of were classified as moderate, such as the document. the Act, each ozone nonattainment area Louisville area which had a design was also classified by operation of law value of 0.149 ppm in 1989. These IV. What Is the Louisville Ozone as ‘‘marginal,’’ ‘‘moderate,’’ ‘‘serious,’’ nonattainment designations and Nonattainment Area? ‘‘severe,’’ or ‘‘extreme,’’ depending on classifications were codified in 40 CFR The Louisville ozone nonattainment the severity of the area’s air quality part 81 (see 56 FR 56694, November 6, area is an interstate area which includes problem. The design value for a 1991).

TABLE 2.ÐOZONE NONATTAINMENT CLASSIFICATIONS

Area class Design value (ppm) Attainment date

Marginal ...... 0.121 up to 0.138 ...... November 15, 1993. Moderate ...... 0.138 up to 0.160 ...... November 15, 1996. Serious ...... 0.160 up to 0.180 ...... November 15, 1999. Severe ...... 0.180 up to 0.280 ...... November 15, 2005. Extreme ...... 0.280 and above ...... November 15, 2010.

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Under section 182(b)(1)(A) of the No area shall be reclassified as Extreme to determine attainment of the ozone CAA, states containing areas that were under clause (ii). standard. See 40 CFR 50.9(a). Table 3 classified as moderate nonattainment Furthermore, section 181(b)(2)(B) of shows that for 1994–1996, one were required to submit SIPs to provide the CAA provides that: monitoring site in the Louisville area for certain controls, to show progress The Administrator shall publish a averaged more than one exceedance day toward attainment, and to provide for notice in the Federal Register, no later per year; therefore, the area did not attainment of the ozone standard no than 6 months following the attainment attain the standard by November 15, later than November 15, 1996. Moderate date, identifying each area that the 1996. area SIP requirements are found Administrator has determined under Section 181(a)(5) of the CAA states primarily in section 182(b) of the CAA. subparagraph (A) as having failed to attain and identifying the that an area may be eligible for up to V. Why Is EPA Proposing To Reclassify reclassification, if any, described under two one-year extensions if ‘‘no more the Louisville Area? subparagraph (A). than one exceedance of the NAAQS In regard to reclassification for failure Table 3 lists the number of days when level for ozone has occurred in the area to attain, section 181(b)(2)(A) of the Act ambient ozone concentrations exceeded in the year preceding the extension provides that: the one-hour ozone standard and the year.’’ On October 23, 1997, EPA Within 6 months following the average number of expected determined that Louisville qualified for applicable attainment date (including exceedances at each monitoring site in a one-year extension of the attainment any extension thereof) for an ozone the Louisville area for the period 1994– date to November 15, 1997 (See 62 FR nonattainment area, the Administrator 1996. The ozone design value for each 55173). Table 4 shows the ozone data shall determine, based on the area’s monitor is also listed. Note that the for 1995–1997. During this period, two design value (as of the attainment date), average number of expected monitoring sites in the Louisville area whether the area attained the standard exceedances per year is not always averaged more than one exceedance per by that date. Except for any Severe or equal to the average number of days year, and the area’s design value was Extreme area, any area that the with measured ozone above the greater than the ozone standard. Administrator finds has not attained the standard. Expected exceedance Because there were multiple standard by that date shall be calculations take missing data into exceedances at two monitors during the reclassified by operation of law in account. If a monitor does not collect a 1997 ozone season, the Louisville area accordance with table 1 of subsection (a) complete set of valid data over its was not eligible for a second one-year to the higher of— monitored period, fractional ‘‘expected extension under Section 181(a)(5), and (i) the next higher classification for exceedances’’ are added to account for the states did not request an extension. the area, or ozone exceedances that, statistically, Therefore, in this notice, pursuant to (ii) the classification applicable to the could have occurred during periods of section 181(b)(2)(B) of the CAA, EPA area’s design value as determined at the missing data within high ozone proposes to find that the Louisville area time of the notice required under episodes. The three year average did not attain the 1-hour standard by its subparagraph (B). number of expected exceedances is used applicable attainment date.

TABLE 3.ÐAIR QUALITY MONITORING DATA FOR THE LOUISVILLE NONATTAINMENT AREA (1994±1996)

Number of Average num- days over ber of expected Site design Site AIRS site ID standard exceedance value (ppm) (1994±1996) days per year

Kentucky Sites (County): Buckner (Oldham) ...... 21±185±0004 0 0 0.109 WLKY±TV (Jefferson) ...... 21±111±1021 1 0.37 0.12 Watson (Jefferson) ...... 21±111±0051 3 1 0.119 Brentlinger (Jefferson) ...... 21±111±0027 1 0.33 0.109 Shepherdsville (Bullitt) ...... 21±029±0006 0 0 0.115 Indiana Sites (County): Charlestown (Clark) ...... 18±019±0003 5 a 1.67 0.132 New Albany (Floyd) b ...... 18±043±1004 1 1 0.115 a Values over 1.05 represent a violation of the 1-hour ozone standard. b This site became operational in 1995; the data recorded is for 1995±1996 only. The design value is calculated from two years of data rather than three years.

TABLE 4.ÐAIR QUALITY MONITORING DATA FOR THE LOUISVILLE NONATTAINMENT AREA (1995±1997)

Number of Average num- days over ber of expected Site design Site AIRS site ID standard exceedance value (1995±1997) days per year (ppm)

Kentucky Sites (County): Buckner (Oldham) ...... 21±185±0004 2 0.7 0.109 WLKY±TV (Jefferson) ...... 21±111±1021 1 0.37 0.12 Watson (Jefferson) ...... 21±111±0051 2 0.67 0.12 Brentlinger (Jefferson) ...... 21±111±0027 2 0.67 0.111 Shepherdsville (Bullitt) ...... 21±029±0006 1 0.4 0.116 Indiana Sites (County): Charlestown (Clark) ...... 18±019±0003 5 a 1.73 0.125

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TABLE 4.ÐAIR QUALITY MONITORING DATA FOR THE LOUISVILLE NONATTAINMENT AREA (1995±1997)ÐContinued

Number of Average num- days over ber of expected Site design Site AIRS site ID standard exceedance value (1995±1997) days per year (ppm)

New Albany (Floyd) ...... 18±043±1004 4 a 1.33 0.125 a Values over 1.05 represent a violation of the 1-hour ozone standard. A complete listing of the ozone exceedances for each monitoring site, as well as EPA’s calculations of the design values, can be found in the docket file for this action. Table 5 is provided to show expected exceedance days per year for 1995 through 1998. Due to measured ozone exceedances at one monitor, the Louisville area was again unable to attain the standard for the period 1996–1998.

TABLE 5.ÐAIR QUALITY MONITORING DATA FOR THE LOUISVILLE NONATTAINMENT AREA (1995±1998)

Expected exceedance days Site design value (ppm) Site AIRS site ID 1995 1996 1997 1998 1995±1997 1996±1998

Kentucky Sites (County): Buckner (Oldham) ...... 21±185±0004 0 0 2.1 1 0.109 0.12 WLKY±TV (Jefferson) ...... 21±111±1021 0 1.1 0 1 0.12 0.121 Watson (Jefferson) ...... 21±111±0051 1 1 0 1 0.12 0.121 Brentlinger (Jefferson) ...... 21±111±0027 1 0 1 1 0.111 0.12 Shepherdsville (Bullitt) ...... 21±029±0006 0 0 1.2 0 0.116 0.111 Indiana Sites (County): Charlestown (Clark) ...... 18±019±0003 2.1 0 3.1 3.2 0.125 0.13 New Albany (Floyd) ...... 18±043±1004 1 1 2 2 0.125 0.127

As discussed later in this document, if the Louisville area is reclassified to higher classification (e.g., from because EPA has now interpreted the serious nonattainment, it will be ‘‘moderate’’ to ‘‘serious’’) for failing to CAA to allow for an extension of the required to impose emission control meet the ozone standard by the attainment date based on an regulations which are normally specified date. understanding of transport data not demanded only for areas monitoring For some time, EPA has recognized available at the time of Louisville’s much higher levels of air pollution. that pollutant transport can impair an original attainment date and after the 4. Kentucky and Indiana have one year extended attainment date, EPA area’s ability to meet air quality committed to submit an attainment standards. As a result, in March 1995 a believes it is fair to allow Kentucky and demonstration by November 1999, collaborative, Federal-state process to Indiana an opportunity to qualify for which includes all the local control assess the ozone transport problem was this attainment date extension before measures required under the CAA for begun. Through a two-year effort known EPA finalizes its finding of failure to moderate nonattainment areas, attain and reclassifies the Louisville demonstrating attainment by the date as the Ozone Transport Assessment area to serious nonattainment. when upwind controls are expected to Group (OTAG), EPA worked in This proposal details the following be implemented. partnership with the 37 easternmost states and the District of Columbia, reasons which support EPA’s decision Furthermore, EPA’s proposal for an industry representatives, academia, and to proceed in this manner: extension date is balanced by EPA’s 1. EPA has concluded that this is the action in moving forward with the environmental groups to develop best way of reconciling the CAA’s process of reclassification in the event recommended strategies to address provisions with respect to ozone that the States do not meet the criteria transport of ozone-forming pollutants transport with the provisions governing for an extension. across state boundaries. graduated attainment dates and with the VI. What Is EPA’s New Policy On November 7, 1997, EPA acted on reclassification provisions. The CAA OTAG’s recommendations and issued a shows Congressional intent that Regarding Extension of Attainment Dates for Downwind Transport Areas? proposal (the proposed NOX SIP call, 62 transport be considered when the FR 60318) requiring 22 states and the Agency acts to reclassify an area, and a A number of areas in the country that District of Columbia to submit state reluctance to subject an area to greater have been classified as ‘‘moderate’’ or implementation plans addressing the controls than necessary to bring local ‘‘serious’’ are affected by pollutants that regional transport of ozone. These state sources into compliance. have traveled downwind from other implementation plans, or SIPs, will 2. The Louisville area has been shown areas. For these downwind areas, decrease the transport of ozone across to be affected by ozone transport from transport of pollutants from upwind state boundaries in the eastern half of upwind areas. areas has interfered with their ability to the United States by reducing emissions 3. The Louisville area is now meet the ozone standard by the dates of NOX (a precursor to ozone formation). monitoring air quality that, were the prescribed by the CAA. As a result, EPA took final action on the NOX SIP area being newly classified, would many of these areas, such as the call on October 27, 1998 (63 FR 57356). entitle it to the classification of a Louisville area, find themselves facing EPA expects that the final NOX SIP call marginal nonattainment area. However, the prospect of being reclassified to a

VerDate 06-MAY-99 16:29 May 20, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.XXX pfrm02 PsN: 21MYP1 27738 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules will assist many areas in attaining the qualify for an attainment date extension VIII. What Progress Has Been Made by one-hour ozone standard. under the extension policy, the Kentucky and Indiana To Meet the On July 16, 1998, in consideration of remainder of the criteria specified in the Extension Policy so That an Attainment these factors and the realization that extension policy must be met. Date Extension Can Be Obtained? many areas are unable to meet the CAA In October 1998, EPA notified the Kentucky and Indiana have already mandated attainment dates due to done extensive work toward meeting the transport, EPA issued the extension Governors of Kentucky and Indiana of extension policy. Several major portions policy. In this policy the attainment the availability of the extension policy. of the extension policy have already date for an area may be extended EPA also requested that, if they wished been satisfied, and Kentucky and provided that the following criteria are to demonstrate their eligibility for the Indiana have already made substantial met: (1) the area must be identified as extension policy, the Governors respond a downwind area affected by transport to EPA with a letter committing their progress toward compliance with the from either an upwind area in the same respective States to meet the criteria for obtaining an attainment date state with a later attainment date or an requirements necessary to qualify for an extension. upwind area in another state that attainment date extension under the Regarding the first item, EPA believes significantly contributes to downwind policy by November 15, 1999. that Kentucky and Indiana can establish the influence of transport on ozone nonattainment (by ‘‘affected by On December 3, 1998, Kentucky transport,’’ EPA means an area whose levels within the Louisville area by submitted a letter to EPA providing a citing the analysis contained in EPA’s air quality is affected by transport from commitment to meet the requirements an upwind area to a degree that affects NOX SIP call. of the extension policy. Similarly, on Regarding the second item, Indiana is the area’s ability to attain); (2) an December 19, 1998, Indiana submitted a approvable attainment demonstration reviewing the source inventory for Clark letter to EPA providing a commitment to must be submitted with any necessary, and Floyd Counties. Indiana has meet the requirements of the extension adopted local measures and with an committed to either develop RACT policy. (EPA’s letters notifying the attainment date that shows that it will regulations if those source categories attain the one-hour standard no later Kentucky and Indiana Governors of the exist in Clark and Floyd Counties, or than the date that the reductions are extension policy, and their respective make a formal declaration that no expected from upwind areas under the responses, are included in the docket for subject sources of the category exist in the two counties. Kentucky has already final NOX SIP call and/or the statutory this rulemaking.) attainment date for upwind EPA’s review of the Attainment met the VOC RACT requirements. nonattainment areas, i.e., assuming the Demonstration SIP for the Louisville Regarding the third item, the Air boundary conditions reflecting those area indicates that Kentucky and Pollution Control District of Jefferson upwind reductions; (3) the area has Indiana must submit the following in County, Kentucky has developed and is currently adopting a NOX RACT adopted all applicable local measures order to meet the requirements set forth regulation that requires Jefferson County required under the area’s current in the extension policy: classification and any additional area sources to submit source specific 1. A technical analysis establishing measures necessary to demonstrate SIP revisions consistent with NOX attainment, assuming the reductions the influence of transport on ozone RACT requirements. For the remaining occur as required in the upwind areas; levels within the Louisville area. This part of the Louisville area which and (4) the area must provide that it will requirement can be met by citing the includes portions of Bullitt and Oldham implement all adopted measures as analysis contained in EPA’s Counties there are no existing major expeditiously as practicable, but no later aforementioned NOX SIP call; NOX emission sources, therefore the than the date by which the upwind 2. Regulations or negative Commonwealth of Kentucky is not reductions needed for attainment will declarations addressing certain CAA required to implement NOX RACT be achieved. requirements for the Indiana portion of requirements for that area. Indiana has EPA contemplates that when it acts to the Louisville area including: (a) already met the NOX RACT approve such an area’s attainment Synthetic Organic Chemical requirements. Regarding the fourth item, Kentucky demonstration, it will, as necessary, Manufacturing Industry (SOCMI) and Indiana are currently working to extend that area’s attainment date to a distillation; (b) SOCMI reactors; (c) develop an approvable attainment date appropriate for that area in light of Lithography; (d) Batch processes; (e) the schedule for achieving the necessary demonstration. They have initiated the Industrial wastewater treatment; (f) upwind reductions. The area would no steps leading to a final attainment Business plastics; (g) Cleanup solvents; longer be subject to reclassification for demonstration and have committed to and (h) Aerospace coatings; failure to attain by its original completing and submitting the attainment date under section 181(b)(2). 3. Source specific reasonably attainment demonstration by November available control technology (NOX 15, 1999. VII. Is the Louisville Area Eligible for RACT) measures for the Kentucky an Attainment Date Extension Under IX. What Actions Have Kentucky and portion of the Louisville area; and the Extension Policy? Indiana Taken To Improve Air Quality 4. A revised attainment demonstration EPA believes that the Louisville area in the Louisville Area? meeting the criteria set forth in the is affected by upwind transport. In fact, Jefferson County, Kentucky, has extension policy. according to the final NOX SIP call, the implemented VOC emission reductions Louisville area is affected by transport In addition, the States must submit as part of its 15 percent rate-of-progress of pollutants from upwind areas to an SIP revisions addressing any other local plan (15 percent plan). EPA is currently extent that the area’s ability to meet the control measures necessary for drafting rulemaking on this plan. The one-hour ozone standard is impaired. attainment. All measures must also be VOC controls Jefferson County has Therefore, EPA believes that the first of implemented in accordance with the implemented include: (1) VOC emission the transport criteria is satisfied. time frames set forth in the extension reduction requirements and a rule However, before the Louisville area can policy. effectiveness improvement plan for

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.011 pfrm04 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27739 sources subject to the requirements; (2) Indiana’s 15 percent plan limits VOC to serious nonattainment, if EPA architectural and industrial emissions from local operations such as finalizes its proposal to reclassify. maintenance coatings regulations; (3) volatile organic liquid storage tanks, XI. If the Louisville Area Is Reclassified transportation control measures automobile refinishing, municipal solid to Serious, When Would It Be Required waste landfills, ship building and ship including transit, rideshare, alternative To Attain the Standard? fuels, and traffic signal improvements; repair, and a local offset printing (4) automobile refinishing emission facility. The plan also includes an Under section 181(a)(1) of the Act, the control regulations; (5) Stage II vapor upgraded vehicle inspection and new attainment deadline for moderate recovery and control regulation; (6) maintenance program, which uses a ozone nonattainment areas reclassified solid waste landfill regulations; (7) a dynamometer to better identify to serious under section 181(b)(2) would basic plus vehicle inspection and polluting cars. Other measures in place be ‘‘as expeditious as practicable,’’ but maintenance (I/M) program which include required use of Stage II gasoline no later than the date applicable to the includes loaded idle testing, pressure vapor recovery systems at service new classification, i.e., November 15, testing requirements, and tampering stations, implementation of a gasoline 1999. However, EPA does not expect to inspections which apply to vehicles that with lower Reid Vapor Pressure (RVP); take final action on this proposed regularly or routinely commute to a ban on residential open burning, and reclassification until after November 15, Jefferson County; and (8) the use of the a ridesharing program. Municipal solid 1999. As stated previously, EPA is reformulated gasoline (RFG) program for waste landfills were required to install proposing to allow the states adequate off-road and on-road mobile sources. a gas collection and combustion system time to demonstrate that an extension of Jefferson County has sought further sooner than the federal time schedule. the attainment date, instead of a reductions from the I/M program by Indiana has also implemented RACT reclassification, would be appropriate under the extension policy. As a including loaded mode testing and rules for sources of NOX. practical matter, even if EPA were to enhanced mechanic training. EPA To further improve air quality, reclassify the Louisville area recently approved Jefferson County’s I/ Indiana has implemented additional immediately, there would likely be M program requirement for a check of measures including a rule establishing insufficient time for Kentucky and the On Board Diagnostic (OBD) system vapor pressure limits for solvents used Indiana to submit new attainment on model-year 1996 and newer in cold cleaning degreasing. Indiana has demonstrations and actually attain the automobiles (refer to 64 FR 12798, also established a local steering one-hour ozone standard by November March 15, 1999). Jefferson County has committee to assist in identifying 15 of this year. EPA believes that the maintained an innovative approach to additional emission reduction practical impossibility of meeting the the local I/M program, also referred to opportunities that will continue to November 1999 statutory serious area as the Vehicle Emission Testing (VET) improve and maintain air quality. The attainment deadline requires EPA to program, since its inception in 1984. steering committee reflects broad establish a new attainment date for the The program continues to be effectively representation including the public, area. EPA believes that it is appropriate implemented and Jefferson County industry, local government, health to propose an alternative deadline for remains a national leader through, for associations, and environmental groups. the Louisville area that is as expeditious example, implementation of a vehicle as practicable. Therefore, in this repair report card which evaluates the X. If EPA Finalizes Its Proposed Rulemaking Reclassifying the document EPA is proposing options for effectiveness of automobile repairs extending the attainment date in the required under the I/M program. The Louisville Area, What Would Be the Area’s New Classification? event that the area is reclassified to program also remains on the forefront serious. with the requirement for the evaluation Section 181(b)(2)(A) of the Act Section 182(i) states that the of automobiles by a VET staff mechanic requires that, when an area is Administrator may adjust applicable before an emission certification waiver reclassified for failure to attain, its deadlines (other than attainment dates) request is granted. The I/M program is reclassification will be the higher of the to the extent such adjustment is an important component of the emission next higher classification or the necessary or appropriate to assure reduction strategy in Jefferson County. classification applicable to the area’s consistency for submission of the new Jefferson County has adopted RACT ozone design value at the time the requirements applicable to an area regulations requiring additional notice of reclassification is published in which has been reclassified. Where an emission reductions from bakery oven the Federal Register. The design value attainment date has already passed or is facilities, ferroalloy and calcium carbide of the Louisville area at the time of the otherwise impossible to meet, EPA production facilities, and volatile proposed finding of failure to attain is believes that the Administrator may also organic loading facilities. Jefferson based on air quality monitoring data adjust an attainment date to assure fair County plans to submit these RACT from 1996 through 1998. (Refer to Table and equitable treatment consistent with regulations to EPA in the near future. To 5 for 1996–1998 data.) The 1996–1998 the provisions in section 182(i), provide further emission reductions, design value is 0.130 ppm, as derived notwithstanding the parenthetical Jefferson County is currently adopting a from the Charlestown, Indiana (Clark clause. EPA also notes another cold cleaning operations regulation. Co.) monitoring site, and the provision of the CAA in section The State of Indiana has also taken a classification of ‘‘marginal’’ 110(k)(5) pertaining to findings of SIP number of actions to improve air quality nonattainment would be applicable to inadequacy that allows the in the Louisville area. Indiana has that design value. By contrast, because Administrator to adjust attainment dates adopted and fully implemented the the Louisville area is currently classified when such dates have passed. Although VOC emission reduction measures ‘‘moderate,’’ the next higher this latter provision is not directly included in its 15 percent rate-of- classification for the area is ‘‘serious’’ applicable to a reclassification, EPA progress plan (15 percent plan). EPA nonattainment. Since ‘‘serious’’ is a believes that the provision illustrates a published final approval of Indiana’s 15 higher nonattainment classification than recognition by Congress of the limited percent plan in May 1997 (62 FR ‘‘marginal’’ under the statutory scheme, instances in which it becomes necessary 24815). the Louisville area would be reclassified to adjust attainment dates, particularly

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.012 pfrm04 PsN: 21MYP1 27740 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules where it is otherwise impossible to meet additional measures required by section EPA consults with those governments. If the statutory date. 182(c) of the Act. The additional EPA complies by consulting, E.O. 12875 One option is to construct a schedule measures include, but are not limited to, requires EPA to provide to the OMB a consistent with recent reclassifications the following: (1) Attainment and description of the extent of EPA’s prior of other areas. EPA has recently reasonable further progress consultation with representatives of reclassified other moderate ozone demonstrations; (2) an enhanced vehicle affected state, local, and tribal nonattainment areas, including Santa I/M program; (3) a clean-fuel vehicle governments, the nature of their Barbara, California; Phoenix, Arizona; program; (4) a 50 ton-per-year major concerns, copies of any written and Dallas-Fort Worth, Texas. The source threshold; (5) more stringent new communications from the governments, attainment date for these areas is source review requirements; (6) an and a statement supporting the need to November 15, 1999. EPA published the enhanced monitoring program; and (7) issue the regulation. In addition, E.O. notice reclassifying the Dallas-Fort contingency provisions. If the 12875 requires EPA to develop an Worth area on February 18, 1998, submission shows that the area can effective process permitting elected thereby providing approximately 21 attain the standard sooner than the officials and other representatives of months for the area to attain the attainment date established in a final state, local, and tribal governments ‘‘to standard. EPA concluded that 21 reclassification notice, EPA would provide meaningful and timely input in months was an adequate period for a adjust the attainment date to reflect the the development of regulatory proposals moderate attainment area to attain the earlier date, consistent with the containing significant unfunded standard where the CAA mandated requirement in section 181(a)(1) that the mandates.’’ attainment date for the new standard be attained as expeditiously as Today’s proposal would not create a classification had not yet lapsed, but practicable. EPA solicits comments on mandate on state, local, or tribal where there was less time remaining the appropriate schedule for submitting governments. It would not impose any than the Act had contemplated. If EPA these SIP revisions. enforceable duties on these entities. The finalizes this proposed reclassification SIP submission requirements are not of the Louisville area, EPA could require XII. When Will EPA Make a Final judicially enforceable. Accordingly, the the area to attain the standard on a Decision on Whether To Reclassify or requirements of section 1(a) of E.O. similar time frame. Applying this Grant an Extension to the Louisville 12875 do not apply to this proposal. approach to the Louisville area would Area? C. Executive Order 13045 result in setting a new attainment date If Indiana and Kentucky submit the 21 months from publication of the final aforementioned air quality analyses and Protection of Children from reclassification notice. regulations to EPA by November 15, Environmental Health Risks and Safety Another option would be to set an 1999, EPA will publish a supplemental Risks (62 FR 19885, April 23, 1997) attainment date that takes into account proposal to address the approvability of applies to any rule that: (1) is the impact of transport on the area, even the submittals. If EPA proposes and determined to be ‘‘economically if the area fails to fully meet the criteria subsequently takes final action to significant’’ as defined under E.O. for the attainment date extension policy. approve the States’ submittals, the 12866, and (2) concerns an As stated previously, EPA believes that Agency would finalize the attainment environmental health or safety risk that the Louisville area is affected by date extension for the Louisville area to EPA has reason to believe may have a transported pollutants. This attainment an appropriate date, and not finalize the disproportionate effect on children. If date would coincide with the date set finding of failure to attain. However, if the regulatory action meets both criteria, for upwind area reductions under the EPA proposes and subsequently takes the Agency must evaluate the NOX SIP call, or May 2003. Although final action to disapprove the States’ environmental health or safety effects of the Louisville area, if reclassified, submittals, the Agency would instead the planned rule on children, and would have to meet the requirements for finalize the reclassification of the explain why the planned regulation is a serious area, under this option it Louisville area to serious. If EPA preferable to other potentially effective would not be held responsible for finalizes the reclassification, Kentucky and reasonably feasible alternatives emission reductions necessary to and Indiana would be required to considered by the Agency. compensate for transported pollution. This proposal is not subject to E.O. submit SIPs that adopt the serious area This option would then be consistent 13045 because it is not an economically requirements. A schedule for submitting with EPA’s approach of allocating significant regulatory action as defined the SIPs would be set at that time. responsibility for pollution fairly among by E.O. 12866, and it does not establish the states. EPA welcomes any comments XIII. Administrative Requirements a further health or risk-based standard on the options discussed above. because it implements a previously A. Executive Order 12866 An area reclassified to serious is promulgated health or safety-based required to submit SIP revisions The Office of Management and Budget standard. addressing the serious area (OMB) has exempted this regulatory requirements for the one-hour ozone action from E.O. 12866 entitled D. Executive Order 13084 standard in section 182(c). If the ‘‘Regulatory Planning and Review.’’ Under E.O. 13084, Consultation and Louisville area is reclassified, EPA must Coordination with Indian Tribal also address the schedule by which B. Executive Order 12875 Governments, EPA may not issue a Kentucky and Indiana are required to Under E.O. 12875, Enhancing the regulation that is not required by submit SIP revisions meeting the serious Intergovernmental Partnership, EPA statute, that significantly or uniquely area requirements. One option is to may not issue a regulation that is not affects the communities of Indian tribal require that the States submit SIP required by statute and that creates a governments, and that imposes revisions containing all of the serious mandate upon a state, local, or tribal substantial direct compliance costs on area requirements no later than one year government, unless the Federal those communities, unless the Federal after final action on the reclassification. government provides the funds government provides the funds This submission would include a new necessary to pay the direct compliance necessary to pay the direct compliance attainment demonstration and all costs incurred by those governments, or costs incurred by the tribal

VerDate 06-MAY-99 16:29 May 20, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.XXX pfrm02 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27741 governments, or EPA consults with state, local, or tribal governments in the During and after the close of the public those governments. If EPA complies by aggregate; or to private sector, of $100 comment period, EPA became aware of consulting, E.O. 13084 requires EPA to million or more. Under section 205, data that might help make key decisions provide to the OMB, in a separately EPA must select the most cost-effective relating to the proposed Class V identified section of the preamble to the and least burdensome alternative that requirements and to refine the estimated rule, a description of the extent of EPA’s achieves the objectives of the rule and economic burden of these requirements. prior consultation with representatives is consistent with statutory The purpose of this notice is to: provide of affected tribal governments, a requirements. Section 203 requires EPA the public with this new data for review summary of the nature of their concerns, to establish a plan for informing and and comment; to seek public comment and a statement supporting the need to advising any small governments that on how EPA intends to use this data in issue the regulation. In addition, E.O. may be significantly or uniquely the Class V rule making effort; and, 13084 requires EPA to develop an impacted by the rule. solicit public comment on issues effective process permitting elected Sections 202 and 205 do not apply to resulting from this new data and the officials and other representatives of today’s action because the proposed public comments already received on Indian tribal governments ‘‘to provide determination that the Louisville area the Class V proposal. meaningful and timely input in the failed to reach attainment does not, in- DATES: EPA must receive public development of regulatory policies on and-of-itself, constitute a Federal comment, in writing, on the notice of matters that significantly or uniquely mandate because it does not impose an data availability by June 21, 1999. affect their communities.’’ enforceable duty on any entity. In ADDRESSES: Today’s proposal would not Send written comments to addition, the CAA does not permit EPA the UIC Class V, W–98–05 Comment significantly or uniquely affect tribal to consider the types of analyses governments. Accordingly, the Clerk, Water Docket (MC–4101); U.S. described in section 202, in determining Environmental Protection Agency; 401 requirements of section 3(b) of E.O. whether an area has attained the ozone 13084 do not apply to this proposal. M Street, SW, Washington, D.C. 20460. standard or qualifies for an extension. Comments may be hand-delivered to the E. Regulatory Flexibility Act Finally, section 203 does not apply to Water Docket, U.S. Environmental today’s proposal because the SIP Protection Agency; 401 M Street, SW., The Regulatory Flexibility Act submittal schedule would affect only generally requires an agency to conduct East Tower Basement, Washington, D.C. the states of Kentucky and Indiana, 20460. Comments may be submitted a regulatory flexibility analysis of any which are not small governments. rule subject to notice and comment electronically to ow- rulemaking requirements, unless the List of Subjects in 40 CFR Part 81 [email protected]. agency certifies that the rule will not Environmental protection, Air Please submit all references cited in have a significant economic impact on pollution control, National parks, your comments. Facsimiles (faxes) a substantial number of small entities. Wilderness areas. cannot be accepted. Send one original Small entities include small businesses, and three copies of your comments and small not-for-profit enterprises, and Authority: 42 U.S.C. 7401 et seq. enclosures (including any references). small governmental jurisdictions. This Dated: May 4, 1999. Commenters who would like EPA to proposal will not have a significant John H. Hankinson, Jr., acknowledge receipt of their comments impact on a substantial number of small Regional Administrator, Region 4. should include a self-addressed, stamped envelope. entities because a finding of failure to Dated: May 12, 1999. With one exception, the documents attain under section 181(b)(2) of the Richard C. Karl, CAA, and the establishment of a SIP referenced in this notice are available Acting Regional Administrator, Region 5. submittal schedule for the reclassified for review in the Water Docket at the area, do not, in and of themselves, [FR Doc. 99–12751 Filed 5–20–99; 8:45 am] above address. The proposed rule, directly impose any new requirements BILLING CODE 6560±50±P supporting documentation and public on small entities. See Mid-Tex Electric comment are also available through the Cooperative, Inc. v. FEC., 773 F.2d 327 docket. For information on how to ENVIRONMENTAL PROTECTION (D.C. Cir. 1985) (agency’s certification access docket materials, please call AGENCY need only consider the rule’s impact on (202) 260–3027 between 9:00 a.m. and entities subject to requirements of the 40 CFR Parts 144 and 146 3:30 p.m. Eastern Standard Time, rule). Instead, this proposal proposes to Monday through Friday. make a determination and to establish a [FRL±6348±9] State Source Water Assessment Plans schedule for states to submit SIP (SWAPs), which are discussed later in Revisions to the Underground revisions and does not propose to this notice, are available for review on Injection Control Regulations for Class directly regulate any entities. Therefore, the EPA, Office of Ground Water and V Injection WellsÐNotice I certify that this action will not have a Drinking Water Home Page significant economic impact on a AGENCY: Environmental Protection www.epa.gov/ogwdw. The SWAPs are substantial number of small entities. Agency (EPA). also available for review at the U.S. Environmental Protection Agency; 401 F. Unfunded Mandates ACTION: Notice of data availability and request for comment on related M Street, SW., 1127 East Tower, Under section 202 of the Unfunded proposed rule. Washington, D.C. 20460. To make an Mandates Reform Act of 1995 appointment to review the SWAPs, (‘‘Unfunded Mandates Act’’), signed SUMMARY: On July 29, 1998, EPA please contact Robyn Delehanty, into law on March 22, 1995, EPA must, published the proposed Revisions to the Underground Injection Control Program, unless otherwise prohibited by law, Underground Injection Control Office of Ground Water and Drinking prepare a budgetary impact statement to Regulations for Class V Injection Wells Water (mailcode 4606), EPA, 401 M accompany any proposed or final rule in the Federal Register (63 FR 40586). Street, SW, Washington, D.C., 20460. that includes a Federal mandate that The public comment on this proposal Phone: 202–260–1993. E-mail: may result in estimated annual costs to was open until November 30, 1998. [email protected].

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FOR FURTHER INFORMATION CONTACT: For wells to meet the drinking water summary of the study methods, this general information, contact the Safe maximum contaminant levels (MCLs) or notebook is organized into three basic Drinking Water Hotline, phone 800– other health-based standards at the sections. First, it provides the latest 426–4791. The Safe Drinking Water point of injection. Class V industrial state inventory information for each of Hotline is open Monday through Friday, waste disposal wells in the delineated the three well types as reported in excluding federal holidays, from 9:00 areas also would be required to meet the survey responses. This information a.m. to 5:30 p.m. Eastern Standard MCLs and other health-based standards includes tables that show the Time. For technical inquiries, contact at the point of injection, and large- documented and estimated number of Robyn Delehanty, Underground capacity cesspools in such areas would wells of each type in each state. Second, Injection Control Program, Office of be banned. the notebook provides information on Ground Water and Drinking Water contamination incidents identified, II. Statutory and Regulatory (mailcode 4606), EPA, 401 M Street, including a state-by-state summary table Framework SW, Washington, D.C., 20460. Phone: and copies of available case-specific 202–260–1993. E-mail: Section 1421 of the Act requires EPA documentation. Third, the notebook [email protected]. to propose and promulgate regulations provides injectate quality data collected SUPPLEMENTARY INFORMATION: specifying minimum requirements for for motor vehicle waste disposal wells state programs to prevent underground and industrial wells. Table of Contents injection that endangers drinking water EPA plans to use the latest inventory I. Introduction sources. information in projecting the numbers II. Statutory and Regulatory Framework Section 1422 of the Act provides that of wells that might be affected by the III. Additional Data states may apply to EPA for primary new Class V regulation. The A. The Class V Study responsibility to administer the UIC contamination incident information and B. Draft Report on Contaminant program (those states receiving such injectate quality data will be used to Occurrence in Public Water Systems authority are referred to as ‘‘Primacy help assess the threat posed by the C. EPA Regional Data (Regions II and VIII) different well types. D. Well Closure Cost Data States’’). Where states do not seek this E. Source Water Assessment Plans responsibility or fail to demonstrate that B. Draft Report on Contaminant F. Alabama Department of Environmental they meet EPA’s minimum Occurrence in Public Water Systems Management Report requirements, EPA is required to IV. Additional Issues prescribe, by regulation, and implement EPA seeks comment on a draft report A. Phase-in Rule Coverage Beyond Source a UIC program for such states. Also, titled A Review of Contaminant Water Protection Areas (SWPAs) currently all Class V UIC Programs in Occurrence in Public Water Systems B. Identifying the Point of Injection Indian Country are directly Related to Class V Injection Wells. This C. Requirements for Industrial Wells implemented by EPA. draft report, which has been placed in the public docket for review, I. Introduction III. Additional Data summarizes occurrence data collected Class V wells are shallow injection A. The Class V Study from 14 different State databases for wells or systems that are used to dispose public drinking water systems. In total, of non-hazardous wastes directly into or EPA is conducting a study of Class V the data includes more than 10 million above underground sources of drinking injection wells to meet the requirements analytical results from more than 25,000 water (USDWs). The Safe Drinking of a modified consent decree in Sierra public water systems. Twenty three Water Act (SDWA) is designed to Club v. Browner (D.D.C. No. 93–2644), contaminants known or believed to be protect the quality of drinking water in which requires the Agency to study associated with discharges from the United States, and Part C Class V wells and to determine if industrial and motor vehicle waste specifically mandates the regulation of additional Class V regulations are disposal wells were selected for underground injection of fluids to needed to protect USDWs from Class V analysis. EPA plans to use information ensure that such injection does not injection wells that are not subject to the in this report to help refine its endanger USDWs. The Agency has current regulatory proposal. The study assessment of the threat posed by Class promulgated a series of underground has consisted of an information V injection wells. injection control (UIC) regulations collection effort for 23 subclasses of under this authority. Class V wells, including the three well C. EPA Regional Data (Regions II and On July 29, 1998, EPA published in types addressed in the July 29, 1998 VIII) the Federal Register the proposed proposal: motor vehicle waste disposal On March 1–3, 1999, staff visited the Revisions to the Underground Injection wells; industrial waste disposal wells; EPA Region II Office in New York City Control Regulations for Class V Injection and large-capacity cesspools. The to review case study files on Class V Wells. The proposal would change the information collection has included wells. Region II was chosen for this Class V Underground Injection Control both state and EPA Region data records search because the Region has (UIC) regulations by adding new collection, through survey accumulated large amounts of requirements for three categories of questionnaires and selected site visits, information (paper files and electronic Class V wells that are located in ground- and collection from other sources, such data) on Class V motor vehicle and water based source water protection as trade associations, research institutes, industrial waste disposal wells found areas being delineated for community and universities. within the State of New York. This water systems and non-transient non- Although the study is still ongoing information was developed and community water systems under the and the final methods and results have collected by the Region while 1996 Amendments to the SDWA. Class not yet been fully documented, implementing and enforcing the federal V motor vehicle waste disposal wells in available information on the three well UIC regulations in New York. Each year, such areas would either be totally types targeted by the proposed Class V approximately 600 to 800 facilities are banned or banned with an option for rule has been compiled in a single inspected throughout the state. owners and operators to get a permit notebook and placed in the public Approximately 70 motor vehicle that requires fluids released in those docket for review and comment. After a facility inspection files and well closure

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.056 pfrm04 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27743 plans were reviewed during the site ammunition manufacturing facility in EPA and requested that it be included visit. About 60 files and plans for South Dakota. in the docket. industrial wells were reviewed. Of those EPA will use the injectate quality and IV. Additional Issues reviewed, 27 files on motor vehicle contamination incident data from waste disposal wells and 37 files on Region VIII to help evaluate the The public comments and new industrial wells have been copied and potential threat to USDWs posed by information that EPA has obtained since assembled in the notebook ‘‘Region II motor vehicle waste disposal wells and the close of the public comment period Data’’ available in the public docket. industrial wells. have also raised implementation issues. Most of these files include examples of EPA is requesting comment on the the ‘‘Class V UIC Permit Application/ D. Well Closure Cost Data additional issues outlined below. Closure Request’’ that Region II officials After the close of the comment period, A. Phase-In of Rule Coverage Beyond send to well owners or operators. Also Penske Truck Leasing Company Source Water Protection Areas (SWPAs) included in the notebook are printouts (Penske) submitted Class V well closure The proposed regulation would from a database provided by Mobil cost information. In the last three years, regulate motor vehicle wells, industrial Corporation that characterize the wastes Penske has received permits for two wells, and large-capacity cesspools in generated by 38 different motor vehicle Class V wells and closed fifteen Class V SWPAs for community water systems facilities; files on possible (investigation wells in their facilities nationwide. (CWS) and non-transient non- ongoing) and confirmed groundwater Penske supplied closure cost community water systems (NTNCWS) contamination incidents; facility- information for seven of the seventeen that use groundwater as a source. EPA specific injectate quality data for a few closures. For the seven well closures, sought comment in the preamble as to sites; and limited information on Penske supplied an individual summary whether or not limiting the rule to these current management practices and the sheet, correspondence with regulatory SWPAs was appropriate. EPA received costs of closing motor vehicle waste agencies, and a well closure report. In numerous comments that suggested disposal wells and industrial wells. EPA addition, a general summary sheet was broadening the proposal to include will use the injectate quality data and included which indicates closure costs other sensitive ground water areas such contamination incident information to and other miscellaneous information on as sole source aquifers, karst, sand, help evaluate the potential threat that all fifteen wells closed by Penske. EPA gravel and aquifer recharge areas, or motor vehicle waste disposal wells and will review the Class V well closure cost even statewide in order to better protect industrial wells pose to USDWs. EPA information from the seven documented existing public drinking water supplies, will use the information on current well closures to assess its usefulness in future drinking water supplies, and management practices and costs in the refining well closure costs in the individual wells. While EPA believes economic analysis to support economic analysis. that these comments have merit, they conclusions on the possible impacts and E. Source Water Assessment Plans also raise issues about how to costs of the rule. implement the rule in these additional Recent information compiled by the Under the Safe Drinking Water Act areas. EPA is evaluating various options EPA Region VIII office has also been (SDWA) amendments of August 1996, suggested by commenters for applying assembled in the public docket for States are required to develop drinking the rule to these additional areas. review (Region VIII directly implements water Source Water Assessment If the rule is expanded beyond the Class V UIC programs in Colorado, Programs (SWAPs) for submission to SWPAs, there would be many Montana, and South Dakota, while EPA by February 6, 1999. EPA then has additional injection wells covered and it North Dakota, Utah, and Wyoming are nine months to approve or disapprove may be desirable to phase in the rule Class V Primacy States). This material, these individual State SWAPs. Most over a longer period of time. As an which is in the form of various reports States met the February 6, 1999 example, the new UIC requirements and tables of analytical data, is deadline, EPA expects to receive the would be effective in SWPAs as they are organized in a set of file folders all remaining State programs for review in delineated, similar to the proposed rule. labeled ‘‘Region VIII Data’’ in the the next few months. Primacy states would then be required docket. EPA will examine how each state to identify the additional sensitive areas The Region VIII files primarily intends to delineate ground water-based that would be subject to the rule. This contain injectate quality data for motor source water protection areas around identification would be required by vehicle waste disposal wells and community and non-transient public January 2004. The regulated entities in industrial wells. The motor vehicle well non-community drinking water these identified areas would then have data include sampling results from nine supplies. EPA will compare this new until January 2007 to comply with the motor vehicle facilities in South Dakota information with assumptions made in rule. If a State failed to identify in 1989 and 1990 (in two bound the economic analysis and make additional sensitive areas by January contractor reports in the docket). The appropriate modification to these 2004, the rule could be effective injectate quality data for industrial wells assumptions to more accurately estimate statewide. consist of tables of sampling results for the economic burden of the regulatory If the EPA decided to apply the final seven different industrial sites, requirements. rule to areas outside of SWPAs, this including a chemistry lab in 1992, a phased-in approach for implementation F. Alabama Department of machine parts and fishing equipment would allow a state the flexibility to Environmental Management Report manufacturer in 1995, a U.S. Fish and identify critical groundwater areas Wildlife Service technology center in EPA received a report prepared by the within the state and would also provide 1997, an ammunition manufacturer in Alabama Department of Environmental well owners and operators adequate 1996–1997, an electric motor repair Management titled Regulation of the time to identify viable alternatives to shop in 1995–1996, and two jewelry Disposal of Funeral Home Discharges their current disposal practices. Lastly, manufacturers from 1992 to 1998. The Through Class V Injection Wells. The expanded coverage would satisfy Region VIII files also contain soil and National Funeral Home Directors concerns about the protection of future groundwater sampling data for an Association submitted this document to sources of drinking water, private

VerDate 06-MAY-99 09:53 May 20, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\A21MY2.057 pfrm04 PsN: 21MYP1 27744 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules drinking wells, and other sensitive fracturing associated with coalbed Persons wishing to comment are ground water areas. EPA requests methane gas production. This program invited to submit oral or written comment on this phased-in approach. is currently approved by EPA under comments at the public hearing or section 1425 of the Safe Drinking Water submit written comments to the Ground B. Identifying the Point of Injection Act (SDWA), as amended. This action is Water/Drinking Water Branch, Ground Commenters have suggested that EPA being taken in accordance with Water & UIC Section, United States identify the point of injection and the paragraph 2(a) of the Writ of Mandamus Environmental Protection Agency, location at which samples would be issued on February 18, 1999, by the U. Region 4, Sam Nunn Atlanta Federal collected to determine compliance with S. Court of Appeals for the Eleventh Center, 61 Forsyth Street, S.W., Atlanta, the Class V rule. Circuit and the requirements in 40 CFR GA 30303–8960, Attention: Mr. Larry EPA is considering clarifying the 145.34(b)(2). Cole. point of injection/sampling point as the By court order, the Regional Copies of documents regarding this last accessible point prior to injection. Administrator for EPA’s Region 4 Office action are available between 8:30 a.m. In the case of septic tanks, the last informed the State Oil and Gas Board of and 4:00 p.m. Monday through Friday at accessible point prior to injection would Alabama of specific areas of alleged the following locations for inspection be the distribution box between the noncompliance regarding its approved and copying: Environmental Protection septic tank and the leach field. If a UIC Program. Specifically, EPA Agency, Region 4, 9th Floor Library, sampling point is not installed after the informed the State that, consistent with Sam Nunn Atlanta Federal Center, 61 septic tank, the point of injection would the Eleventh Circuit’s ruling in LEAF v. Forsyth Street, S.W., Atlanta, GA be at or before the septic tank. For a EPA, hydraulic fracturing associated 30303–8960, PH: (404) 562–8190; and drywell, the sampling point would be with coalbed methane gas production the State Oil & Gas Board of Alabama, the end of the pipe before the waste must be regulated as an ‘‘underground 420 Hackberry Lane, Tuscaloosa, AL enters the well. injection’’ under Alabama’s UIC 35489–9780, PH: (205) 349–2852. C. Requirements for Industrial Wells Program. Withdrawal of the Alabama FOR FURTHER INFORMATION CONTACT: Ms. Some commenters submitted program would, if completed, divest Nancy Marsh, at (404) 562–9450, or Mr. comments and information suggesting Alabama of primary enforcement Larry Cole, at (404) 562–9474 or at the that industrial wells should be subject authority under the SDWA to regulate following address: Environmental to the same permit requirements as Class II Wells, including hydraulic Protection Agency, Water Management motor vehicle wells. The proposal fracturing associated with coalbed Division, Ground Water/Drinking Water identified three permit conditions for methane gas wells within Alabama. Branch, Ground Water & UIC Section, motor vehicle wells: meeting MCLs and EPA is proceeding at this time with Sam Nunn Atlanta Federal Center, 61 other health-based standards at the this proposed rulemaking, notice of Forsyth Street, S.W., Atlanta, GA point of injection, monitoring for liquid public hearing, and notice of public 30303–8960. and sludge, and best management comment period in order to comply SUPPLEMENTARY INFORMATION: with paragraph 2(a) of the Writ of practices. EPA request comments on I. Background Information this suggestion. Mandamus because hydraulic fracturing associated with coalbed methane gas On August 2, 1982, EPA granted Dated: May 19, 1999. production is not currently regulated as primary enforcement responsibility J. Charles Fox, underground injection (by permit or (primacy) for the Class II Underground Assistant Administrator, Office of Water. rule) pursuant to the EPA-approved Injection Control (UIC) Program under [FR Doc. 99–13016 Filed 5–20–99; 8:45 am] underground injection control program section 1425 of the Safe Drinking Water BILLING CODE 6560±50±P for Alabama. Act (SDWA) to the State of Alabama. At the public hearing, all interested The SDWA requires EPA to approve an persons shall be given the opportunity effective in-place state UIC Program to ENVIRONMENTAL PROTECTION to make written or oral presentations on protect Underground Sources of AGENCY EPA’s proposed action to withdraw Drinking Water (USDW) from endangerment that could result from the 40 CFR Part 147 approval of Alabama’s Section 1425 approved Class II Program on the improper injection of fluids associated [FRL±6347±5] grounds of its failure to regulate as with, among other things, oil and gas ‘‘underground injection’’ hydraulic production. On May 3, 1994, the Legal State of Alabama; Underground fracturing associated with coalbed Environmental Assistance Foundation, Injection Control (UIC) Program methane gas production. In addition, Inc. (LEAF) submitted a petition to EPA Revision; Withdrawal of Alabama's comments may be submitted as to withdraw Alabama’s UIC Program Class II UIC Program provided herein. asserting that the State was not regulating activities associated with AGENCY: Environmental Protection DATES: The public hearing will be held coalbed methane gas production wells. Agency (EPA). Wednesday, July 28, 1999, at 5:30 p.m. Following EPA’s May 5, 1995 denial of ACTION: Notice of proposed rulemaking, Central Standard Time (CST). the petition, LEAF sought review of this public hearing and public comment Written comments on EPA’s proposed period on withdrawal. decision by the United States Court of rule must be received by the close of Appeals for the Eleventh Circuit. On SUMMARY: EPA announces a proposed business Thursday, August 5, 1999. August 7, 1997, in LEAF v. EPA, 118 F. rulemaking, public hearing and public ADDRESSES: The public hearing will be 3d 1467 (11th Cir. 1997), the Court held comment period regarding withdrawal held at the Tuscaloosa Public Library, as follows: hydraulic fracturing of Alabama’s Class II Underground Rotary Room, 1801 River Road, activities constitute ‘‘underground Injection Control (UIC) Program from Tuscaloosa, Alabama 35401. Those injection’’ under Part C of the Safe the State Oil and Gas Board of Alabama interested should contact the Drinking Water Act, id. at 1478; all on the grounds that it does not regulate Tuscaloosa Public library at (205) 345– underground injection is required to be as ‘‘underground injection,’’ hydraulic 5820 for directions. regulated (by permit or rule), id. at 1474;

VerDate 06-MAY-99 16:29 May 20, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.XXX pfrm02 PsN: 21MYP1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules 27745 and hydraulic fracturing associated with approval of the Alabama UIC Program. Within 90 days of receipt of that coalbed methane gas production is not The Regional Administrator’s notice to notification, the State of Alabama must currently regulated under Alabama’s the Supervisor of the State Oil and Gas fully implement any required remedial UIC Program, id. at 1471. On February Board of Alabama constituted the first actions regarding regulating hydraulic 18, 1999, the Eleventh Circuit issued a step in the withdrawal process. fracturing or the State’s Class II UIC Writ of Mandamus directed at EPA to According to the procedures established Program will be withdrawn. Class II enforce its August 1997 decision. The in 40 CFR 145.34(b) and the Writ of program approval will, however, not be Writ established a schedule for EPA to Mandamus, the State was given 30 days withdrawn if Alabama can demonstrate follow to determine whether, in light of after the notice to demonstrate that its that hydraulic fracturing associated with the Court’s holding regarding hydraulic UIC Program is in compliance with the methane gas production is regulated as fracturing, EPA should withdraw SDWA and 40 CFR part 145 (i.e., that ‘‘underground injection’’ (by permit or approval of Alabama’s UIC Program. hydraulic fracturing associated with rule) pursuant to the EPA approved In response to the LEAF decision and methane gas production is regulated as underground injection control program. the Writ of Mandamus, EPA must ‘‘underground injection,’’ by permit or If EPA withdraws approval of the review Alabama’s UIC Program in rule, pursuant to the EPA approved Alabama Class II Program pursuant to accordance with federal regulations at Underground Injection Control the requirement of 40 CFR 145.32(b) and 40 CFR 145.34(b). The timing of EPA’s Program). the Writ of Mandamus, it will propose review and decision-making process The Supervisor of the State Oil and and promulgate a federal program for must adhere to the time frame contained Gas Board responded to the Regional Class II wells located in Alabama, in the Writ of Mandamus. In order to Administrator’s letter by a letter dated including hydraulic fracturing comply with the Writ of Mandamus and April 15, 1999. The response indicated associated with methane gas 40 CFR 145.34(b)(2), EPA must hold a that on March 5, 1999, the State Oil & production. public hearing no less than 60 days nor Gas Board of Alabama promulgated EPA is providing a public comment more than 75 days, following the rules which regulate hydraulic period regarding withdrawal of the publication of this notice of the hearing fracturing of coalbed methane gas wells Alabama Class II UIC Program for failure in the Federal Register. In order to by rule authorization. These new to adequately regulate hydraulic comply with this time frame, Region 4 regulations were added as an Emergency fracturing associated with methane gas has decided to hold a public hearing on Order and sent to the Alabama production as ‘‘underground injection.’’ July 28, 1999, at the time and place Legislative Reference Service under Public comments received on or before indicated in the previous section. All Section 41–22–5 of the Code of Alabama close of business on August 5, 1999, interested persons shall be given the (1975). They became effective on March will be considered in EPA’s final opportunity to make written or oral 11, 1999, for a period of no longer than evaluation of the State of Alabama presentation at the public hearing on 120 days. The State Oil & Gas Board Section 1425 Program. Comments may whether EPA should withdraw expects the rules to be made permanent be submitted at the public hearing to be Alabama’s Class II UIC Program on the prior to the expiration of the Emergency held on July 28, 1999, at 5:30 p.m., CST ground that it does not regulate as Order. To become part of the EPA in the Rotary Room of the Tuscaloosa ‘‘underground injection’’ hydraulic approved UIC Program, Alabama should Public Library located at 1801 River fracturing associated with coalbed submit a revised UIC Program package Road, Tuscaloosa, Alabama 35401. methane gas production. containing new regulations to EPA for II. Regulatory Impact/Administrative Alabama Class II UIC Section 1425 review and approval. These new Requirements Program Deficiencies regulations must protect current and The State Oil & Gas Board of Alabama potential USDWs from endangerment. A. Executive Order 12866: Regulatory is not regulating hydraulic fracturing of The State will not have fully corrected Planning and Review coalbed methane gas production wells the identified program deficiencies Under Executive Order 12866 (58 FR as ‘‘underground injection’’ (by permit consistent with the requirements of the 51735, October 4, 1993), the Agency or rule) pursuant to its EPA-approved Writ of Mandamus until a revised must determine whether the regulatory underground injection control program. Alabama Section 1425 Program has been action is ‘‘significant’’ and therefore approved by EPA. Therefore, in subject to OMB review and the Withdrawal Procedure accordance with 40 CFR 145.34(b)(2), requirements of the Executive Order. Section 1425 of the SDWA and the Regional Administrator of Region 4 The Order defines ‘‘significant subsequent published EPA guidance is soliciting comments on the regulatory action’’ as one that is likely does not contain express procedures for appropriateness of withdrawing the to result in a rule that may: the withdrawal of a Section 1425 Class II UIC Program from the State Oil & Gas Board of Alabama on the grounds (1) Have an annual effect on the economy Program. EPA has promulgated of $100 million or more or adversely affect procedures for withdrawing a Section that it does not, as currently approved in a material way the economy, productivity, 1422 Program at 40 CFR 145.34(b). In by EPA, regulate as ‘‘underground competition, jobs, the environment, public lieu of different express regulatory injection’’ hydraulic fracturing health or safety, or state, local, or tribal provisions for the withdrawal of Section associated with methane gas governments or communities; 1425 Programs and in light of the production. This action constitutes the (2) Create a serious inconsistency or Court’s Writ of Mandamus, EPA is second step in the withdrawal process otherwise interfere with an action taken or following the procedures at 40 CFR set out in 40 CFR 145.32(b) and the Writ planned by another agency; 145.34(b) in proposing to withdraw of Mandamus. Following the public (3) Materially alter the budgetary impact of hearing and close of the public entitlements, grants, user fees, or loan Alabama’s Section 1425 Program. programs or the rights and obligations of On March 19, 1999, the Regional comment period, EPA will fully recipients thereof; or Administrator of EPA Region 4 notified evaluate the record in this matter. If (4) Raise novel legal or policy issues the Supervisor of the State Oil and Gas EPA determines that the State is still not arising out of legal mandates, the President’s Board of Alabama of EPA’s decision to in compliance, the Administrator will priorities, or the principles set forth in the initiate the process to withdraw notify the State. Executive Order.

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It has been determined that this rule RFA, if EPA certifies that the proposed Law 104–4, establishes requirements for is not a ‘‘significant regulatory action’’ rule will not have a significant federal agencies to assess the effects of under the terms of Executive Order economic impact on a substantial their regulatory actions on state, local 12866 and is therefore not subject to number of small entities, EPA is not and tribal governments and the private OMB review. required to prepare a regulatory sector. Under section 202 of the UMRA, flexibility analysis. Pursuant to section EPA generally must prepare a written B. Executive Order 13045: Children’s 605(b) of the Regulatory Flexibility Act, statement including a cost-benefit Health Protection 5 U.S.C. 605(b), the Regional analysis for proposed and final rules Executive Order 13045, ‘‘Protection of Administrator certifies that this with ‘‘federal mandates’’ that may result Children from Environmental Health proposed rule will not have a significant in expenditures to state, local, and tribal Risks and Safety Risks’’ (62 FR 19885, economic impact on a substantial governments, in the aggregate, or to the April 23, 1997), applies to any rule that: number of small entities. The proposed private sector, of $100 million or more (1) Is determined to be ‘‘economically rule merely proposes to withdraw in any one year. significant’’ as defined under Executive federal approval of the UIC Program for Before promulgating an EPA rule for Order 12866; and, Class II wells in the State of Alabama, which a written statement is needed, (2) Concerns an environmental health except for those in Indian lands. section 205 of the UMRA generally or safety risk that EPA has reason to Withdrawal of such approval does not requires EPA to identify and consider a believe may have a disproportionate change the regulatory requirements that reasonable number of regulatory effect on children. currently apply to such wells as a matter alternatives and adopt the least costly, If the regulatory action meets both of State law, nor does it add additional most cost-effective or least burdensome criteria, the Agency must evaluate the federal regulatory requirements. alternative that achieves the objectives environmental health or safety effects of of the proposed rule. The provisions of the planned rule on children, and E. Executive Order 12875: Enhancing section 205 do not apply when they are explain why the planned regulation is the Intergovernmental Partnership inconsistent with applicable law. preferable to other potentially effective Under Executive Order 12875, EPA Moreover, section 205 allows EPA to and reasonably feasible alternatives may not issue a regulation that is not adopt an alternative other than the least considered by the Agency. required by statute and that creates a costly, most cost-effective or least EPA interprets E.O. 13045 as applying mandate upon a state, local or tribal burdensome alternative if the only to those regulatory actions that are government, unless the federal Administrator publishes with the final based on health or safety risks, such that government provides the funds rule an explanation why that alternative the analysis required under Section 5– necessary to pay the direct compliance was not adopted. 501 of the Order has the potential to costs incurred by those governments or Before EPA establishes any regulatory influence the regulations. This rule is EPA consults with those governments. requirements that may significantly or not subject to E.O. 13045 because it is If EPA complies by consulting, uniquely affect small governments, not economically significant as defined Executive Order 12875 requires EPA to including tribal governments, it must in E.O. 12866. Further, this rule does provide to the Office of Management have developed under section 203 of the not establish an environmental standard and Budget a description of the extent UMRA a small government agency plan. intended to mitigate health or safety of EPA’s prior consultation with The plan must provide for notifying risks. This rule proposes to withdraw representatives of affected state, local potentially affected small governments, federal approval of Alabama’s UIC Class and tribal governments, the nature of enabling officials of affected small II Program in response to a court order their concerns, any written governments to have meaningful and to do so. However, the requirements of communications from the governments, timely input in the development of EPA the Alabama UIC Class II Program and a statement supporting the need to regulatory proposals with significant relating to underground injection will issue the regulation. In addition, federal intergovernmental mandates, remain in effect as a matter of State law. Executive Order 12785 requires EPA to and informing, educating, and advising Additionally, if EPA withdraws the develop an effective process permitting small governments on compliance with State approved Class II UIC Program, elected officials and other the regulatory requirements. EPA will promulgate a replacement representatives of state, local and tribal Today’s proposed rule contains no federal program. Therefore, this governments ‘‘to provide meaningful federal mandates (under the regulatory proposed rule does not present any and timely input in the development of provision of Title II of the UMRA), for foreseeable effect on children’s health regulatory proposals containing state, local or tribal governments, or the and well being. significant unfunded mandates.’’ private sector. The proposed rule Today’s proposed rule does not create imposes no enforceable duty on any C. Paperwork Reduction Act a mandate on a state, local or tribal state, local or tribal governments or the There are no information collection government. The proposed rule does not private sector. Thus, today’s proposed requirements established by this impose any enforceable duties on these rule is not subject to the requirements proposed rule. Therefore, the Paperwork entities. The rule merely proposes to of sections 202 and 205 of the UMRA. Reduction Act does not apply. withdraw federal approval of Alabama’s EPA has also determined that this UIC Class II Program. However, the proposed rule contains no regulatory D. Regulatory Flexibility Act requirements of that Program relating to requirements that might significantly or Under the Regulatory Flexibility Act underground injection will remain in uniquely affect small governments. (RFA), 5 U.S.C. 601 et seq., as amended effect as a matter of State law. Thus, today’s proposed rule is not by the Small Business Regulatory Accordingly, the requirements of subject to the requirements of section Enforcement Fairness Act (SBREFA), Section 1(a) of Executive Order 12875 203 of UMRA. EPA generally is required to conduct a do not apply to this proposed rule. regulatory flexibility analysis describing G. National Technology Transfer and the impact of the regulatory action on F. Unfunded Mandates Reform Act Advancement Act small entities as part of rulemaking. Title II of the Unfunded Mandates Section 12(d) of the National However, under section 605(b) of the Reform Act of 1995 (UMRA), Public Technology Transfer and Advancement

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Act of 1995 (NTTAA), Public Law 104– List of Subjects in 40 CFR Part 147 FOR FURTHER INFORMATION CONTACT: Al 113, section 12(d) (15 U.S.C. 272 note) Environmental protection, Sapa, at the above address, or telephone directs EPA to use voluntary consensus Intergovernmental relations, Water (701) 250–4481. standards in its regulatory and supply. SUPPLEMENTARY INFORMATION: procurement activities unless to do so Dated: May 13, 1999. Background would be inconsistent with applicable law or otherwise impractical. Voluntary John H. Hankinson, Jr., Section 4(b)(3)(A) of the Act, requires consensus standards are technical Regional Administrator, Region 4. that we make a finding on whether a standards (e.g., material specifications, For the reasons set out in the petition to list, delist, or reclassify a species presents substantial scientific or test methods, sampling procedures, preamble, 40 CFR part 147 is proposed to be amended as follows: commercial information to demonstrate business practices) that are developed or that the petitioned action may be adopted by voluntary consensus PART 147Ð[AMENDED] warranted. This finding is to be based standard bodies. The NTTAA directs on all information available to us at the EPA to provide Congress, through OMB, 1. The authority citation for part 147 time the finding is made. To the explanations when the Agency decides continues to read as follows: maximum extent practicable, this not to use available and applicable Authority: 42 U. S. C. 300h; and 42 U. S. finding is to be made within 90 days of voluntary consensus standards. C. 6901 et seq. the date the petition was received, and This proposed rulemaking does not the finding is to be published promptly involve technical standards. Therefore, Subpart BÐAlabama in the Federal Register. If the finding is that substantial information was EPA is not considering the use of any § 147.50 [Removed] voluntary consensus standards. presented, we are required to promptly 2. Section 147.50 is removed. initiate a review of the status of the H. Executive Order 13084: Consultation [FR Doc. 99–12747 Filed 5–18–99; 11:31 am] species. and Coordination with Indian Tribal BILLING CODE 6560±50±P We initiated a status review for the Governments Baird’s sparrow when it was categorized as a Category 2 species in the Animal Under Executive Order 13084, EPA Notice of Review published in the may not issue a regulation that is not DEPARTMENT OF THE INTERIOR Federal Register on November 21, 1991 required by statute, that significantly or (56 FR 58804). At that time, a Category uniquely affects the communities of Fish and Wildlife Service 2 species was one that was being Indian tribal governments, and that considered for possible addition to the imposes substantial direct compliance 50 CFR Part 17 Federal List of Endangered and costs on those communities, unless the Threatened Wildlife, but for which federal government provides the funds Endangered and Threatened Wildlife conclusive data on biological and Plants; 90-Day Finding for a necessary to pay the direct compliance vulnerability and threat were not Petition To List the Baird's Sparrow as costs incurred by the tribal available to support a proposed rule. Threatened With Critical Habitat governments, or EPA consults with Designation of Category 2 species was those governments. AGENCY: Fish and Wildlife Service, discontinued in the February 28, 1996, Interior. Notice of Review (61 FR 7596). We If EPA complies by consulting, completed the Baird’s Sparrow Status ACTION: Executive Order 13084 requires EPA to Notice of 90-day petition Assessment and Conservation Plan provide to the Office of Management finding. (Jones and Green 1998) in April 1998. and Budget, in a separately identified SUMMARY: Based on the results of the Assessment, section of the preamble to the proposed We, the Fish and Wildlife Service (Service), announce a 90-day we recommended no change in the rule, a description of the extent of EPA’s finding for a petition to list the Baird’s status for this species and it remains on prior consultation with representatives sparrow (Ammodramus bairdii) as our list of Nongame Migratory Bird of affected tribal governments, a threatened, and to designate critical Species of Management Concern. This summary of the nature of their concerns, habitat, under the Endangered Species designation does not confer legal and a statement supporting the need to Act of 1973, as amended (Act). We find protection but is intended to stimulate issue the regulation. In addition, that the petition does not present a coordinated effort by Federal, State, Executive Order 13084 requires EPA to substantial information indicating that and private agencies to develop and develop an effective process permitting listing of this species as threatened may implement comprehensive and elected and other representatives of be warranted. integrated approaches for management. Indian Tribal governments ‘‘to provide On July 1, 1997, we received a DATES: The finding announced in this meaningful and timely input in the petition dated June 26, 1997, from the document was made on May 13, 1999. development of regulatory policies on Biodiversity Legal Foundation, to list ADDRESSES: matters that significantly or uniquely Data, information, the Baird’s sparrow (Ammodramus affect their communities.’’ comments, or questions concerning this bairdii) as threatened, and to designate petition should be submitted to the critical habitat, pursuant to the Act. We Today’s proposed rule does not Field Supervisor, North Dakota acknowledged receipt of the petition on significantly or uniquely affect the Ecological Services Field Office, U.S. July 23, 1997, and indicated to the communities of Indian Tribal Fish and Wildlife Service, 1500 East petitioner that our Listing Priority governments. This proposed rule does Capitol Avenue, Bismarck, North Dakota Guidance for fiscal year 1997, published not affect the UIC Program on Indian 58501. The petition finding, supporting in the December 5, 1996, Federal Tribal lands. Accordingly, the data, and comments are available for Register (61 FR 64475), would preclude requirements of section 3(b) of public inspection, by appointment, working on the 90-day finding at that Executive Order 13084 do not apply to during normal business hours at the time. The fiscal year 1997 Guidance this proposed rule. above address. designated the processing of listing

VerDate 06-MAY-99 16:29 May 20, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.XXX pfrm02 PsN: 21MYP1 27748 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Proposed Rules petitions as a Tier 3 activity, i.e., of to cultivation and other uses at an population trends to be stable (Sauer et lower priority than the completion of alarming rate. However, there were no al. 1996, Jones and Green 1998). emergency listings (Tier 1) and the recent acreage figures provided to Susceptibility to human disturbance processing of pending proposed listings support that argument. The petition is a factor in Baird’s sparrow (Tier 2). We indicated that, as these recognized that the Baird’s sparrow’s distribution. Disturbances caused by higher-priority activities were breeding range included large tracts of plowing, brushing, burning, movement accomplished we would proceed with a U.S. Forest Service, Bureau of Land of livestock, grazing, haying, and 90-day finding on the Baird’s sparrow Management, and other Federal lands mowing can result in the abandonment petition. on the northern plains, and this of an area and lead to reproductive The petitioner requested the current provides the potential for failure (Jones and Green 1998). status of its petition in March 1998, and implementation of specific management However, the species can coexist with we responded that we were in a position measures to conserve the species. light to moderate grazing pressure on to start responding to petitions, and that Estimates of the remaining mixed native prairie (Cartwright et al. 1937, we intended to prepare a 90-day finding grass prairie are wide-ranging. Mixed Lane 1968, Sampson and Knopf 1996) by June 29, 1998. Subsequently, higher grass prairie has declined 60–99 percent and the currently stable population priority listing issues prevented us from in acreage in the prairie provinces and trend for Baird’s sparrow implies that meeting that completion date. North Dakota (Sampson and Knopf the survival of the species is not The petitioner asserted that 1996), with over 90 percent of the threatened by these habitat disturbances historically the Baird’s sparrow was grasslands in Canada converted to at this time. abundant and widespread in the agriculture. The most conservative Predation can be a major cause of northern Great Plains, but that today the estimates in North Dakota are that reproductive failure in Baird’s sparrows species is mainly restricted to small approximately 8 million acres of the (Davis and Sealy in press), as it is with islands of remaining native prairie habitat remain (U.S. Geological Survey most small birds. Predation frequencies surrounded by an agricultural mosaic. 1993). Others estimate that as many as ranged from 26–46 percent for nests in Also, the petitioner stated that the small 12–15 million acres of the northern southwestern Manitoba to 50–71 remnant breeding populations of the mixed grass prairie type still exist in percent in southern Saskatchewan sparrow are threatened by the ongoing North Dakota (Klopatek et al. 1979). (Davis 1994). Davis and Sealy (in press) loss of suitable grassland habitat, Overall, we believe that current Baird’s reported predation by the striped skunk extensive agricultural practices (such as sparrow population estimates and (Mephitis mephitis) and the thirteen- livestock grazing, haying, irrigation, and trends indicate that native prairie lined ground squirrel (Spermophilus the use of pesticides), collisions with acreage in the Northern Great Plains is tridecemlineatus). Richardson’s ground- communication towers, the invasion of sufficient to support a stable population. squirrels (S. richardsoni) depredated exotic species, and fire suppression. There are significant large tracts of this eggs, nestlings, and fledglings at a site The Baird’s sparrow is a grassland habitat on Federal land that are in Alberta (Mahon 1995). Other specialist endemic to the northern North managed with light to moderate grazing potential predators include American American prairie. Its behavior and pressure as a conservation measure for crow (Corvus brachyrhyncos), northern ecology was shaped by the historical Baird’s sparrow. harrier (Circus cyaneus), and western conditions of the Great Plains, and the Population data are unreliable from plains garter snake (Thamnophis radix health of its populations are dependent many parts of the Baird’s sparrow range, haydeni) (Davis and Sealy in press). on the conditions of native prairie and conflict in other areas. However, Baird’s sparrow nests are commonly (Samson and Knopf 1996). The habitat populations are likely to be greater than parasitized by brown-headed cowbirds of the Baird’s sparrow consists of earlier believed, and remain high in (Molothrus ater). Davis and Sealy (in upland prairies of mixed-grass or many portions of the range (Jones and press) found that 36 percent of 74 nests tallgrass habitat types. The Baird’s Green 1998). The population in North in southwestern Manitoba were sparrow nests in North and South Dakota is estimated to be from 171,000 parasitized with an average of two Dakota, Montana, Minnesota, Alberta, to 279,000 breeding pairs (Igl and cowbirds eggs (range 1–4). Significantly Manitoba, and Saskatchewan. Common Johnson 1997), based on the most recent fewer young were fledged from grasses found in its habitat are North American Breeding Bird Survey successful parasitized nests than from Bouteloua gracilis (blue grama), Stipa (BBS) data. Our analysis indicates that successful nonparasitized nests, comata (needle-and-thread), and historic population trends have been resulting in an average cost of 1.1 Andropogon scoparius (little bluestem). negative, but populations of the species Baird’s sparrow fledglings per In the breeding season Baird’s sparrows currently appear to be stable. The BBS parasitized nest. Egg removal by prefer native grasslands, but they also data indicate that this sparrow’s cowbirds was likely the primary cause nest in smaller numbers in hayfields, population declines were persistent and of lowered productivity in parasitized seeded pastures (Sutter et al. 1995), steep (in mean annual percent change nests. These levels of predation and nest weedy stubble fields and retired per year) in the continental population parasitism are comparable to other croplands (Kantrud and Kologiski 1983, for the period of 1966–1979 for all areas grassland passerine birds, and we find Stewart 1975, De Smet and Conrad except Montana (Sauer et al. 1996). no evidence to indicate that the level of 1989, Davis 1994), wheat fields (Land However, for the period 1980–1996, documented predation is a threat to the 1968), and in dry wetland basins with a larger sample size of survey species based upon its stable population (Goossen et al. 1993). The Baird’s routes, the trends leveled out in most trend. sparrow winters primarily in northern geographic areas. During this period, The Baird’s sparrow is protected from Mexico, although some individuals may there was a nonsignificant increase for take under the Migratory Bird Treaty be found in southwestern Texas, the entire survey area of 1.1 percent per Act in the United States, the Migratory southeastern Arizona, and occasionally year, and significant increases in the Bird Convention Act in Canada, and the southern New Mexico (Jones and Green Glaciated Missouri Plateau region Convention for the Protection of 1998). (mainly North Dakota). The average Migratory Bird and Game Mammals in The petitioner asserted that mid-grass trend over the 30 years (1966–1996) of Mexico. Additionally, the Baird’s prairie habitat continues to be converted the BBS shows Baird’s sparrow sparrow is on the Service’s list of

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Nongame Migratory Bird Species of Authority DATES: Comments on this notification Management Concern and is the subject The authority for this action is the must be received by June 7, 1999. of numerous research efforts and Endangered Species Act of 1973, as ADDRESSES: Comments should be sent to conservation actions across its range. amended (16 U.S.C. 1531 et seq.). Jon Rittgers, Acting Regional We reviewed information during the Administrator, NMFS, Northeast Dated: May 13, 1999. processing of this petition to indicate Regional Office, 1 Blackburn Drive, that the level of concern generated by Jamie Rappaport Clark, Gloucester, MA 01930. Mark on the these designations has been sufficient to Director, Fish and Wildlife Service. outside of the envelope ‘‘Comments on generate heightened research and [FR Doc. 99–12844 Filed 5–20–99; 8:45 am] Proposed Experimental Fisheries.’’ management interest in the Baird’s BILLING CODE 4310±55±P FOR FURTHER INFORMATION CONTACT: sparrow. The Service will continue to Bonnie Van Pelt, Fishery Management promote these efforts to improve the Specialist, 978–281–9244. biological status of the Baird’s sparrow. DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The Our current programs that benefit the Massachusetts Division of Marine National Oceanic and Atmospheric Baird’s sparrow include grassland Fisheries (MADMF) submitted an Administration easements, technical assistance to application on March 31, 1999, to refine ranchers grazing native prairie and 50 CFR Parts 600 and 648 the investigations of a previously research and monitoring of grassland approved small mesh experimental species. [I.D. 050599A] fishery with these two proposals. The first proposal would require the use of Finding Magnuson-Stevens Act Provisions; modified trawls (raised footrope) in six General Provisions for Domestic We reviewed the petition, as well as distinct areas including all of Cape Cod Fisheries; Applications for other available information, published Bay, areas outside Cape Cod Bay, lower Experimental Fishing Permits (EFPs) and unpublished studies and reports, Massachusetts Bay, and southern and and agency files. On the basis of the best AGENCY: National Marine Fisheries western edges of Stellwagen. This scientific and commercial information Service (NMFS), National Oceanic and would be the third full year that the available, we find the petition does not Atmospheric Administration (NOAA), experimental fishery has operated (1995 present substantial information that Commerce. and 1996 were pilot studies); whereby, listing this species may be warranted. ACTION: Notification of experimental October and November have While the species has experienced fishery proposals; request for comments. traditionally been the most active major declines since European months of participation according to sea settlement of the prairies and the SUMMARY: NMFS announces that the sampling data and logbook reporting. conversion of native prairie to Regional Administrator, Northeast This experiment is designed to assess agriculture, population trend data for Region, NMFS (Regional Administrator), the effectiveness of a raised footrope this species over the last 16 years show is considering approval of two small mesh otter trawl in reducing their populations are stable. There are experimental fishing proposals. EFPs bycatch of regulated multispecies— an estimated 171,000 to 279,000 pairs of would allow vessels to conduct primarily flatfish and other bottom Baird’s sparrows in North Dakota (Igl operations otherwise restricted by dwelling species—in the silver hake and Johnson 1997). We have found no regulations governing the Northeast (whiting) fishery. The experimental area evidence to suggest that the millions of Multispecies Fishery, and would in Cape Cod Bay was identified by the acres of breeding habitat for this species exempt vessels from days at sea (DAS), MADMF as an important area for in North Dakota, Montana, and Canada mesh sizes, and other gear restrictions. whiting fishing by vessels primarily face immediate threat of conversion The first experimental fishery proposal fishing out of Provincetown, Gloucester, from grassland to other agricultural would involve fishing for, retention and and Chatham, Massachusetts. The uses. Canada removed the Baird’s landing of silver hake (whiting), spiny experiment has experienced sporadic sparrow from its national list of dogfish, and red hake with small mesh changes in bycatch which appear to be threatened species in 1997 after a 1994 in the Gulf of Maine/Georges Bank temporal and site-specific in nature. The survey estimated 500,000 to 2 million Regulated Mesh Area. This experiment proposed experimental fishery would pairs of Baird’s sparrow in was previously approved during the allow MADMF and NMFS to consider Saskatchewan (Davis et al. 1996). The 1998 fishing season and is referred to as new data on the bycatch of regulated petition provided no evidence to the Raised Footrope Whiting Trawl multispecies at times not previously indicate that conditions on the Experimental Fishery (Raised Footrope sampled, as well as additional wintering grounds threaten the Trawl Experiment). The requested time information on those areas and times continued existence of Baird’s sparrow. period of the Raised Footrope Trawl sampled in years past. The Baird’s sparrow remains a species Experiment would be modified this year The second proposal submitted by of special concern and the BBS and taking place from June through August, MADMF would provide for a other range-wide and local surveys will instead of September through December. supplemental gear testing experiment to continue to monitor its status. The second experimental fishery request support the objectives of the Raised References Cited is for a supplemental gear testing Footrope Trawl Experiment by experiment to support the goals and continuing last year’s investigation of You may request a complete list of all objectives of the Raised Footrope Trawl various different refinements to the references cited herein, as well as Experiment. Regulations implementing ‘‘sweep-less’’ trawl gear. These gear others, from the Service’s North Dakota the Magnuson-Stevens Fishery trials will only slightly modify the Field Office (See ADDRESSES section). Conservation and Management Act standard raised footrope design and it is Author provisions require publication of this expected that the ‘‘sweepless’’ trawl notification to provide interested parties design will mitigate impacts to the Michael Olson (see ADDRESSES the opportunity to comment on the habitat and further reduce bycatch of section) prepared this document. proposed experimental fisheries. bottom dwelling species.

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MADMF expects that 40 vessels will into the commercial fisheries for to enter the dolphin and wahoo participate in the experimental fishery dolphin (Coryphaena hippurus) and commercial fisheries to regain lost (4–6 vessels in the supplemental gear wahoo (Acanthocybium solandri) in the income. New entry into these fisheries experiment), and that enrollment will be exclusive economic zone (EEZ) off the may be discouraged by establishment of established similar to last year; South Atlantic states. Possible measures a control date. historical participation and previous include the establishment of a limited Anyone entering the dolphin and experience with the raised footope trawl entry program to control participation or wahoo commercial fisheries after May gear operation played a role in the effort in the commercial fisheries for 21, 1999, will not be assured of future selection process. Further limitations on dolphin and wahoo. If a limited entry access, should a management regime participation may be necessary program is established, the South that limits the number of participants in depending on logbook compliance or Atlantic Council is considering May 21, those fisheries be prepared and enforcement issues identified through 1999, as a possible control date. implemented. Implementation of an the NMFS review process. Consideration of a control date is effort limitation program would require EFPs would be issued to the intended to discourage new entry into preparation of a Dolphin-Wahoo FMP participating vessels in both the fisheries based on economic and/or an amendment to the Coastal experiments in accordance with the speculation during the South Atlantic Pelagics FMP, publication of notice of conditions stated therein, and will Council’s deliberation on the issues. availability of the FMP/amendment DATES: exempt vessels from the mesh size, Comments must be submitted by with a comment period, publication of days-at-sea, and other gear restrictions June 21, 1999. a proposed rule with a public comment of the Northeast Multispecies Fishery ADDRESSES: Comments should be period, approval of the FMP/ Management Plan during the specified directed to the South Atlantic Fishery amendment, and issuance of a final seasons. Management Council, One Southpark implementing rule. Circle, Suite 306, Authority: 16 U.S.C. 1801 et seq. Consideration of a control date does Dated: May 14, 1999. Charleston, South Carolina 29407; Fax: 843–769–4520. not commit the South Atlantic Council Bruce C. Morehead, FOR FURTHER INFORMATION CONTACT: or NMFS to any particular management Acting Director, Office of Sustainable Steve Branstetter, 727–570–5305. regime or criteria for entry into the Fisheries, National Marine Fisheries Service. dolphin and wahoo commercial SUPPLEMENTARY INFORMATION: Dolphin [FR Doc. 99–12887 Filed 5–20–99; 8:45 am] fisheries. Fishermen are not guaranteed are managed under the Fishery BILLING CODE 3510±22±F future participation in these fisheries Management Plan (FMP) for the Coastal regardless of their entry date or intensity Migratory Pelagic Resources of the Gulf of participation in the fisheries before or and South Atlantic (Coastal Pelagics DEPARTMENT OF COMMERCE after the control date under FMP). The Coastal Pelagics FMP was consideration. The South Atlantic prepared jointly by the Gulf of Mexico National Oceanic and Atmospheric Council subsequently may choose a Fishery Management Council and the Administration different control date or may choose a South Atlantic Council, and is management regime that does not make 50 CFR Part 622 implemented under the authority of the use of a control date. The South Atlantic Magnuson-Stevens Fishery [Docket No. 99051126±9126±01; I.D. Council may choose to give variably Conservation and Management Act. 042999A] weighted consideration to fishermen The South Atlantic Council is active in the fisheries before and after RIN 0648±AM67 concerned about the adverse effects of the control date. Other qualifying increased harvest of dolphin and wahoo Fisheries of the Caribbean, Gulf of criteria, such as documentation of off the South Atlantic states. Available Mexico, and South Atlantic; Coastal landings and sales, may be applied for landings estimates indicate that the Migratory Pelagic Resources of the entry. The South Atlantic Council also pelagic longline fleet is now targeting Gulf of Mexico and South Atlantic may choose to take no further action to dolphin throughout the South Atlantic States; Dolphin and Wahoo control entry or access to the fisheries, EEZ. Commercial landings of South Commercial Fisheries; Control Date in which case the control date may be Atlantic wahoo have also recently rescinded. AGENCY: National Marine Fisheries increased. Consequently, an increasing Service (NMFS), National Oceanic and opportunity exists for localized This advance notice of proposed Atmospheric Administration (NOAA), depletion of the two species, leading to rulemaking has been determined to be Commerce. an overfished stock condition and user not significant for purposes of E.O. ACTION: Advance notice of proposed group conflicts. 12866. rulemaking; consideration of a control Recent constraints on participation in Authority: 16 U.S.C. 1801 et seq. date. the South Atlantic snapper-grouper and king mackerel commercial fisheries may Dated: May 14, 1999. SUMMARY: This document announces result in additional entrants into the Penelope D. Dalton, that the South Atlantic Fishery dolphin and wahoo commercial Assistant Administrator for Fisheries, Management Council (South Atlantic fisheries. In addition, fishermen National Marine Fisheries Services. Council) is considering additional displaced from inshore state waters by [FR Doc. 99–12886 Filed 5–20–99; 8:45 am] management measures to limit entry recent state gear restrictions may wish BILLING CODE 3510±22±F

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Notices Federal Register Vol. 64, No. 98

Friday, May 21, 1999

This section of the FEDERAL REGISTER comments and a final determination of change. Following that period, a contains documents other than rules or change will be made. determination will be made by the proposed rules that are applicable to the NRCS in Oklahoma regarding public. Notices of hearings and investigations, Dated: April 30, 1999. Melvin Womack, disposition of those comments and a committee meetings, agency decisions and final determination of change will be rulings, delegations of authority, filing of Deputy State Conservationist, Natural petitions and applications and agency Resources Conservation Service, Syracuse, made. statements of organization and functions are NY. Dated: May 3, 1999. examples of documents appearing in this [FR Doc. 99–12873 Filed 5–20–99; 8:45 am] Ronnie L. Clark, section. BILLING CODE 3410±16±U State Conservationist, Stillwater, Oklahoma. [FR Doc. 99–12830 Filed 5–20–99; 8:45 am] BILLING CODE 3410±16±P DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE Natural Resources Conservation Natural Resources Conservation Service Service COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR Proposed Change to the Natural Notice of Proposed Changes to SEVERELY DISABLED Resources Conservation Service's Section IV of the Field Office Technical National Handbook of Conservation Guide (FOTG) of the Natural Resources Procurement List; Proposed Additions Practices Conservation Service in Oklahoma and Deletions AGENCY: AGENCY: Natural Resources AGENCY: Natural Resources Committee for Purchase From Conservation Service (NRCS), U.S. Conservation Service (NRCS) in People Who Are Blind or Severely Department of Agriculture, New York Oklahoma, U.S. Department of Disabled. State Office. Agriculture. ACTION: Proposed additions to and ACTION: Notice of availability of ACTION: Notice of availability of a deletions from Procurement List. proposed changes in the NRCS National proposed change in Section IV of the SUMMARY: The Committee has received Handbook of Conservation Practices, FOTG of the NRCS in Oklahoma for proposals to add to the Procurement List Section IV of the New York State NRCS review and comment. commodities and a service to be Field Office Technical Guide (FOTG) for furnished by nonprofit agencies review and comment. SUMMARY: It is the intention of NRCS in Oklahoma to issue a new conservation employing persons who are blind or SUMMARY: It is the intention of NRCS to practice standard in Section IV of the have other severe disabilities, and to issue a new conservation practice FOTG. The standard is Water Well delete commodities previously standard in its National Handbook of Testing (Code 731). furnished by such agencies. Conservation Practices. This new COMMENTS MUST BE RECEIVED ON OR DATES: Comments will be received for a BEFORE: June 21, 1999. standard is: Manure Transfer (NY 634). 30-day period commencing with May ADDRESSES: Committee for Purchase DATES: Comments will be received on or 21, 1999. From People Who Are Blind or Severely before June 21, 1999. FOR FURTHER INFORMATION CONTACT: Disabled, Crystal Gateway 3, Suite 310, FOR FURTHER INFORMATION CONTACT: Inquire in writing to Keith Vaughan, 1215 Jefferson Davis Highway, Inquire in writing to Richard D. ASTC (Ecological Sciences), Natural Arlington, Virginia 22202–4302. Resources Conservation Service (NRCS), Swenson, State Conservationist, Natural FOR FURTHER INFORMATION CONTACT: Resources Conservation Service, 100 USDA, Suite 206, Stillwater, OK Beverly Milkman (703) 603–7740. (NRCS), 441 S. Salina Street, Fifth Floor, 74074–2655. Copies of this standard SUPPLEMENTARY INFORMATION: This Suite 354, Syracuse, New York, 13202– will be made available upon written notice is published pursuant to 41 2450. request. You may submit electronic U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its A copy of this standard is available requests and comments to purpose is to provide interested persons from the above individual. [email protected]. an opportunity to submit comments on SUPPLEMENTARY INFORMATION: Section FOR FURTHER INFORMATION CONTACT: the possible impact of the proposed 343 of the Federal Agricultural Keith Vaughan, 405–742–1240. actions. Improvement and Reform Act of 1996 SUPPLEMENTARY INFORMATION: Section states that revisions made after 343 of the Federal Agriculture Additions enactment of the law to NRCS State Improvement and Reform Act of 1996 If the Committee approves the Technical Guides used to carry out states that revisions made after proposed additions, all entities of the highly erodible land and wetland enactment of the law, to NRCS state Federal Government (except as provisions of the law shall be made technical guides used to carry out otherwise indicated) will be required to available for public review and highly erodible land and wetland procure the commodities and service comment. For the next 30 days the provisions of the law, shall be made listed below from nonprofit agencies NRCS will receive comments relative to available for public review and employing persons who are blind or the proposed changes. Following that comment. For the next 30 days, the have other severe disabilities. period a determination will be made by NRCS in Oklahoma will receive I certify that the following action will the NRCS regarding disposition of those comments relative to the proposed not have a significant impact on a

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There are no known regulatory entities other than the small alternatives which would accomplish FOR FURTHER INFORMATION CONTACT: organizations that will furnish the the objectives of the Javits-Wagner- Beverly Milkman (703) 603–7740. commodities and service to the O’Day Act (41 U.S.C. 46–48c) in SUPPLEMENTARY INFORMATION: On Government. connection with the commodities December 6, 1996, August 7, 1998 and 2. The action will result in proposed for deletion from the February 12, April 2, and 9, 1999, the authorizing small entities to furnish the Procurement List: Committee for Purchase From People commodities and service to the The following commodities have been Who Are Blind or Severely Disabled Government. proposed for deletion from the 3. There are no known regulatory published notices (61 FR 64666, 63 FR Procurement List: 42365 and 64 FR 7166, 15955 and alternatives which would accomplish Basin, Wash the objectives of the Javits-Wagner- 17312) of proposed additions to and 6530–01–075–2723 deletions from the Procurement List: O’Day Act (41 U.S.C. 46—48c) in 6530–01–166–9035 connection with the commodities and Cleaning and Degreasing Compounds Additions service proposed for addition to the 6850–01–383–3038 Procurement List. Comments on this The Following Comments Pertain to 6850–01–383–3042 certification are invited. Commenters Water Bag, Nylon Duck 6850–01–383–3045 should identify the statement(s) 6850–01–383–3046 underlying the certification on which Comments were received from the 6850–01–383–3047 they are providing additional current contractor for these water bags, 6850–01–383–3052 information. a previous contractor, and two Members 6850–01–383–3053 The following commodities and of Congress on behalf of the previous 6850–01–383–3054 service have been proposed for addition contractor. The current contractor 6850–01–383–3056 to Procurement List for production by described the impact on the company 6850–01–383–3058 the nonprofit agencies listed: which it believed the Procurement List 6850–01–383–3059 addition would cause. The current Commodities 6850–01–383–3060 contractor has subsequently notified the Gloves, Patient Examining 6850–01–430–7134 6850–01–430–7135 Committee that it is withdrawing its 6515–01–461–3208 comments, as the impact is not what 6515–01–461–3209 6850–01–430–7137 6515–01–455–5293 6850–01–430–7138 was originally anticipated. 6515–01–461–8271 6850–01–430–7139 Consequently, the Committee has 6515–01–455–5281 6850–01–430–7140 concluded that the addition of the bags 6515–01–455–2778 Bedspread to the Procurement List will not have a 6515–01–455–2782 7210–00–728–0175 severe adverse impact on the current 6515–01–461–8414 7210–00–728–0187 contractor. 6515–01–455–2578 The previous contractor and the 6515–01–455–2768 Mark J. Benedict, 6515–01–455–2759 Operations Analyst. Members of Congress writing on its 6515–01–461–8507 [FR Doc. 99–12888 Filed 5–20–99; 8:45 am] behalf expressed concern over the NPA: Bosma Industries for the Blind, BILLING CODE 6353±01±P impact of the Procurement List addition Inc., Indianapolis, Indiana on the previous contractor, and the Hood, Stockinette contractor claimed that the addition 8415–LL–S04–8922 COMMITTEE FOR PURCHASE FROM would increase the costs of the bags to NPA: Columbia Industries, Kennewick, PEOPLE WHO ARE BLIND OR the Government. The previous Washington SEVERELY DISABLED contractor has not had a contract for these bags since 1994 and, thus, is not Service Procurement List Additions and dependent on the business they Janitorial/Custodial Deletions represent. Moreover, under the Naval and Marine Corps Readiness AGENCY: Committee for Purchase From competitive procurement system, no Reserve Center People Who Are Blind or Severely contractor is guaranteed a Government Providence, Rhode Island contract. Consequently, the previous NPA: Greater Providence Chapter, Disabled. contractor is objecting to losing the Rhode Island Association for Retarded ACTION: Additions to and deletions from possibility of getting a contract in the Citizens, Inc., North Providence, the Procurement List. future. The Committee does not believe Rhode Island SUMMARY: This action adds to the that loss of this possibility, by itself, Deletions Procurement List commodities and constitutes severe adverse impact on I certify that the following action will services to be furnished by nonprofit any contractor. As for the price, the not have a significant impact on a agencies employing persons who are amount the Government will pay has substantial number of small entities. blind or have other severe disabilities, been negotiated with the Government The major factors considered for this and deletes from the Procurement List a contracting agency, which has certification were: commodity and a service previously concluded that it represents a fair 1. The action will not result in any furnished by such agencies. market price as required by the additional reporting, recordkeeping or EFFECTIVE DATE: June 21, 1999. Committee’s statute.

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The Following Material Pertains to All Janitorial/Custodial for Administrative Services, U.S. of the Items Being Added to the Naval Reserve Center, 85 Sea Street, Department of Housing and Urban Procurement List Quincy, Massachusetts Development, Richard B. Russell After consideration of the material Janitorial/Custodial Federal Building, 75 Spring Street, SW, presented to it concerning capability of Sequra USAR Center, 301 Ascarate Atlanta, Georgia should have been listed qualified nonprofit agencies to provide Drive, El Paso, Texas as Data Entry and not Administrative the commodities and services and This action does not affect current Services. impact of the additions on the current contracts awarded prior to the effective Mark J. Benedict, or most recent contractors, the date of this addition or options that may Operations Analyst. Committee has determined that the be exercised under those contracts. [FR Doc. 99–12890 Filed 5–20–99; 8:45 am] commodities and services listed below Deletions BILLING CODE 6353±01±P are suitable for procurement by the Federal Government under 41 U.S.C. I certify that the following action will 46–48c and 41 CFR 51–2.4. not have a significant impact on a DEPARTMENT OF COMMERCE I certify that the following action will substantial number of small entities. not have a significant impact on a The major factors considered for this Submission For OMB Review; substantial number of small entities. certification were: Comment Request The major factors considered for this 1. The action may not result in any DOC has submitted to the Office of certification were: additional reporting, recordkeeping or Management and Budget (OMB) for 1. The action will not result in any other compliance requirements for small clearance the following proposal for additional reporting, recordkeeping or entities. collection of information under the other compliance requirements for small 2. The action will not have a severe provisions of the Paperwork Reduction entities other than the small economic impact on future contractors Act (44 U.S.C. chapter 35). organizations that will furnish the for the commodity and service. Agency: Bureau of the Census. commodities and services to the 3. The action may result in authorizing small entities to furnish the Title: Accuracy and Coverage Government. Evaluation, Independent Listing 2. The action will not have a severe commodity and service to the Government. Operation Activities. economic impact on current contractors Form Number(s): D–1302, D–1302PR. for the commodities and services. 4. There are no known regulatory alternatives which would accomplish Agency Approval Number: None. 3. The action will result in Type of Request: New collection. the objectives of the Javits-Wagner- authorizing small entities to furnish the Burden: 70,513 hours. commodities and services to the O’Day Act (41 U.S.C. 46—48c) in Number of Respondents: 2,035,700. Government. connection with the commodity and Avg Hours Per Response: 2 minutes. 4. There are no known regulatory service deleted from the Procurement Needs and Uses: The Bureau of the alternatives which would accomplish List. Census requests approval from the the objectives of the Javits-Wagner- After consideration of the relevant Office of Management and Budget for O’Day Act (41 U.S.C. 46–48c) in matter presented, the Committee has clearance of the independent listing connection with the commodities and determined that the commodity and forms, Form D–1302 and D–1302PR, to services proposed for addition to the service listed below are no longer be used in the Accuracy and Coverage Procurement List. suitable for procurement by the Federal Evaluation (ACE), Independent listing Accordingly, the following Government under 41 U.S.C. 46–48c operation activities in the Census 2000. commodities and services are hereby and 41 CFR 51–2.4. The ACE is a national survey of sample added to the Procurement List: Accordingly, the following block clusters within the 50 states, the commodity and service are hereby Commodities District of Columbia, and Puerto Rico. deleted from the Procurement List: The Bureau of the Census developed the Kit, Marine Corps Demolition, Commodity ACE approach for measuring coverage of Advanced the population in the decennial census. Clamp, Panel 5450–00–297–5271 1375–00–NSH–0001 In ACE, we independently count a Water Bag, Nylon Duck Service sample of housing units and the people 8465–01–321–1678 living in those units, then compare 8465–01–321–1678F Janitorial/Custodial Grenier Field U.S. Army Reserve Center, those results to the census. We then use Services Manchester, New Hampshire this comparative information to produce final estimates of the coverage for Administrative Services, Department of Mark J. Benedict, Census 2000. The ACE approach was Veterans Affairs Medical Center, 700 Operations Analyst. tested during the Census 2000 Dress South 19th Street, Birmingham, [FR Doc. 99–12889 Filed 5–20–99; 8:45 am] Rehearsal in Columbia, South Carolina. Alabama BILLING CODE 6353±01±P The ACE was formerly referred to as the Data Entry Post-Enumeration Survey (PES) in the U.S. Department of Housing & Urban Census 2000 Dress Rehearsal. Development, Richard B. Russell COMMITTEE FOR PURCHASE FROM The Independent Listing Operation is Federal Building, 75 Spring Street, PEOPLE WHO ARE BLIND OR the first step in the ACE process. It will SW, Atlanta, Georgia SEVERELY DISABLED be used to obtain a complete housing Grounds Maintenance at the following Proposed Addition to the Procurement, unit inventory of all addresses within locations in El Paso, Texas: List Correction the Census 2000 ACE sample of block Sequra USAR Center, 301 Ascarate clusters before the Census 2000 Drive, Dyer USAR Center In the document appearing on page enumeration commences. There will be Janitorial/Custodial 15955, FR 99–8233, in the issue of April two Independent Listing forms, D–1302 Dobbins Air Reserve Base, Georgia 2, 1999, in the first column, the listing and D–1302PR. The D–1302 is the

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English language version of the listing ADDRESSES: Direct all written comments • Child Support Paid form and will be used in the ACE to Linda Engelmeier, Departmental • Children’s Well-Being sample areas except in Puerto Rico. The Forms Clearance Officer, Department of Wave 12 interviews will be conducted D–1302PR is the Spanish language Commerce, Room 5033, 14th and from December 1999 through March version of the listing form and will be Constitution Avenue, NW, Washington, 2000. used only in the ACE sample areas in DC 20230. Puerto Rico. FOR FURTHER INFORMATION CONTACT: II. Method of Collection The listings will be matched to the Requests for additional information or The SIPP is designed as a continuing address list used in the census; the copies of the information collection series of national panels of interviewed unmatched cases will be sent to the instrument(s) and instructions should field for reconciliation during the next households that are introduced every be directed to Judith H. Eargle, Census four years with each panel having a phase of the ACE—Housing Unit Bureau, FOB 3, Room 3379, Follow-up. The forms and procedures to duration of four years in the survey. All Washington, DC 20233–0001, (301) 457– household members 15 years old or over be used in the Housing Unit Follow-up 3819. phase of the ACE in the Census 2000 are interviewed using regular proxy- SUPPLEMENTARY INFORMATION: and all subsequent ACE phases will be respondent rules. They are interviewed submitted separately. I. Abstract a total of 12 times (12 waves) at 4-month Affected Public: Individuals or intervals making the SIPP a longitudinal The Census Bureau conducts the SIPP households. survey. Sample persons (all household Frequency: One-time only. which is a household-based survey members present at the time of the first Respondent’s Obligation: Mandatory. designed as a continuous series of interview) who move within the country Legal Authority: Title 13 USC, national panels each lasting four years. and reasonably close to a SIPP primary Sections 141, 193, and 221. Respondents are interviewed once every sampling unit will be followed and OMB Desk Officer: Nancy Kirkendall, four months in monthly rotations. interviewed at their new address. (202) 395–7313. Approximately 37,000 households are Persons 15 years old or over who enter Copies of the above information in the current panel. the household after Wave 1 will be collection proposal can be obtained by The SIPP represents a source of interviewed; however, if these persons calling or writing Linda Engelmeier, information for a wide variety of topics move, they are not followed unless they DOC Forms Clearance Officer, (202) and allows information for separate happen to move along with a Wave 1 482–3272, Department of Commerce, topics to be integrated to form a single, sample person. room 5033, 14th and Constitution unified database so that the interaction Avenue, NW, Washington, DC 20230. between tax, transfer, and other III. Data Written comments and government and private policies can be OMB Number: 0607–0813. recommendations for the proposed examined. Government domestic policy Form Number: SIPP/CAPI Automated information collection should be sent formulators depend heavily upon the Instrument. within 30 days of publication of this SIPP information concerning the Type of Review: Regular. notice to Nancy Kirkendall, OMB Desk distribution of income received directly Affected Public: Individuals or Officer, room 10201, New Executive as money or indirectly as in-kind Households. Office Building, Washington, DC 20503. benefits and the effect of tax and transfer programs on this distribution. Estimated Number of Respondents: Dated: May 14, 1999. 77,700. Linda Engelmeier, They also need improved and expanded data on the income and general Estimated Time Per Response: 30 Departmental Forms Clearance Officer, Office minutes per person. of the Chief Information Officer. economic and financial situation of the Estimated Total Annual Burden [FR Doc. 99–12820 Filed 5–20–99; 8:45 am] U.S. population. The SIPP has provided these kinds of data on a continuing basis Hours: 117,800. BILLING CODE 3510±07±P since 1983 permitting levels of Estimated Total Annual Cost: The economic well-being and changes in only cost to respondents is their time. DEPARTMENT OF COMMERCE these levels to be measured over time. Respondent’s Obligation: Voluntary. The survey is molded around a Legal Authority: Title 13, United Census Bureau central ‘‘core’’ of labor force and income States Code, Section 182. questions that will remain fixed Survey of Income and Program throughout the life of a panel. The core IV. Request for Comments Participation (SIPP) Wave 12 of the is supplemented with questions Comments are invited on: (a) whether 1996 Panel designed to answer specific needs, such the proposed collection of information ACTION: Proposed collection; comment as obtaining information on taxes, the is necessary for the proper performance request. ownership and contributions made to of the functions of the agency, including the IRA, Keogh, and 401K plans, whether the information shall have SUMMARY: The Department of examining patterns in respondent work practical utility; (b) the accuracy of the Commerce, as part of its continuing schedules, and child care arrangements. agency’s estimate of the burden effort to reduce paperwork and These supplemental questions are (including hours and cost) of the respondent burden, invites the general included with the core and are referred proposed collection of information; (c) public and other federal agencies to take to as ‘‘topical modules.’’ ways to enhance the quality, utility, and this opportunity to comment on The topical modules for the 1996 clarity of the information to be proposed and/or continuing information Panel Wave 12 collect information collected; and (d) ways to minimize the collections, as required by the about: burden of the collection of information Paperwork Reduction Act of 1995, Pub. • Assets, Liabilities, and Eligibility on respondents, including through the L. 104–13 (44 U.S.C. 3506(c)(2)(A)). • Medical Expenses/Utilization of use of automated collection techniques DATES: Written comments must be Health Care—Adult and Children or other forms of information submitted on or before July 20, 1999. • Work Related Expenses technology.

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Comments submitted in response to provided for convenience and customs withdrawn from warehouse, for this notice will be summarized and/or purposes, the written description of the consumption on or after May 12, 1999, included in the request for OMB scope of this investigation is dispositive. the date on which the ITC published its approval of this information collection; notice of final determination of threat of Antidumping Duty Order they also will become a matter of public material injury in the Federal Register record. On March 26, 1999, the Department of (64 FR 25515), are liable for the Commerce (‘‘Department’’) published assessment of antidumping duties. Dated: May 14, 1999. the final determination of its Linda Engelmeier, Accordingly, the Department will direct antidumping duty investigation of the Customs Service to terminate the Departmental Forms Clearance Officer, Office extruded rubber thread from Indonesia. of the Chief Information Officer. suspension of liquidation for entries of This investigation covers two ERT from Indonesia entered, or [FR Doc. 99–12819 Filed 5–20–99; 8:45 am] respondents, P.T. Swasthi Parama withdrawn from warehouse, for BILLING CODE 3510±07±P Mulya (‘‘Swasthi’’) and P.T. Bakrie consumption before May 12, 1999, the Rubber Industries (‘‘Bakrie’’). See Notice date on which the ITC published its of Final Determination of Sales at Less DEPARTMENT OF COMMERCE notice of final determination of threat of than Fair Value: Extruded Rubber material injury in the Federal Register, Thread from Indonesia, 64 FR 14690, International Trade Administration and to release any bond or other (March 26, 1999). security, and refund any cash deposit, [A±560±803] Swasthi submitted a ministerial error posted to secure the payment of allegation on April 6, 1999 with respect Notice of Amended Final estimated antidumping duties with to the final determination. Based on the respect to these entries. Determination of Sales at Less Than analysis of the these ministerial errors Therefore, in accordance with section Fair Value and Antidumping Duty made in the final determination, we are 736 of the Act, the Department will Order: Extruded Rubber Thread From amending our final determination (the Indonesia Department has corrected the program direct the United States Customs language to convert the foreign price Service to assess, upon further advice by AGENCY: Import Administration, unit of measurement from kilograms to the Department, antidumping duties International Trade Administration, pounds; revised an overstatement of the equal to the amount by which the Department of Commerce. marine insurance premium in the rebate normal value of the merchandise EFFECTIVE DATE: May 21, 1999. calculation; and corrected a ministerial exceeds the export price and FOR FURTHER INFORMATION CONTACT: error in the comparison of U.S. sales to constructed export price of the Russell Morris or Eric B. Greynolds, sales of the most similar foreign like merchandise for all relevant entries of Office of AD/CVD Enforcement VI, product made in the ordinary course of extruded rubber thread from Indonesia. Import Administration, International trade). For detailed information on the Subject merchandise from Indonesia Trade Administration, U.S. Department ministerial errors, see Memorandum to which is entered or withdrawn from of Commerce, 14th Street and the Deputy Assistant Secretary for AD/ warehouse, for consumption on or after Constitution Avenue, NW, Washington, CVD Enforcement II from David May 12, 1999, the date on which the ITC DC 20230; telephone: (202) 482–1775 or Mueller, Director, Office of AD/CVD published its notice of final (202) 482–6071, respectively. Enforcement dated April 19, 1999, determination of threat of material concerning Amendment to Notice of injury in the Federal Register, shall be The Applicable Statute Final Determination of Sales at Less subject to the assessment of Unless otherwise indicated, all Than Fair Value: Extruded Rubber antidumping duties under section 731 citations to the Tariff Act of 1930, as Thread from Indonesia, public version, of the Act, and the administering amended (‘‘the Act’’), are references to on file in the Central Record Unit, Room authority shall release any bond or other the provisions effective January 1, 1995, B–099, Main Commerce Building. security, and refund any cash deposit the effective date of the amendments Accordingly, we are amending the final made, to secure the payment of made to the Act by the Uruguay Round determination, pursuant to 19 CFR antidumping duties with respect to Agreements Act (‘‘URAA’’). In addition, 351.224(e). entries of the merchandise entered, or unless otherwise indicated, all citations On May 7, 1999, in accordance with withdrawn from warehouse, for to the Department of Commerce section 735(d) of the Act, the U.S. consumption before May 12, 1999. (‘‘Department’’) regulations are to the International Trade Commission (‘‘ITC’’) On or after the date of publication of regulations at 19 CFR Part 351 (April notified the Department that a U.S this notice in the Federal Register, U.S. 1998). industry is ‘‘threatened with material Customs officers must require, at the injury,’’ within the meaning of section same time as importers would normally Scope of the Investigation 735(b)(1)(A)(ii) of the Act, by reason of deposit estimated duties, the cash For purposes of this investigation, the imports of ERT from Indonesia. The ITC deposits listed below for the subject product covered is extruded rubber did not determine, pursuant to section merchandise. The All Others rate thread (‘‘ERT’’) from Indonesia. ERT is 735(b)(4)(B) of the Act, that, but for the applies to all exporters of subject defined as vulcanized rubber thread suspension of liquidation of entries of merchandise not specifically listed obtained by extrusion of stable or the subject merchandise, the domestic below. concentrated natural rubber latex of any industry would have been materially The weighted-average dumping cross sectional shape, measuring from injured. margins are as follows: 0.18 mm, which is 0.007 inches or 140 When the ITC finds threat of material gauge, to 1.42 mm, which is 0.056 inch injury, and makes a negative ‘‘but for’’ Weighted- or 18 gauge, in diameter. finding under section 735(b)(4)(B) of the average Exporter/manufacturer margin ERT is currently classified under Act, the ‘‘Special Rule’’ provision of percentage subheading 4007.00.00 of the section 736(b)(2) of the Act applies. Harmonized Tariff Schedule (‘‘HTS’’). Therefore, only unliquidated entries of P.T. Bakrie Rubber Industry ..... 28.29 Although the HTS subheading is ERT from Indonesia, entered or P.T. Swasthi Parama Mulya ..... 5.13

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Weighted- Scope of the Orders Coils, 64 FR 15443 through 15509, Exporter/manufacturer average The product covered by these orders March 31, 1999). On May 4, 1999, the margin International Trade Commission (the percentage is certain stainless steel plate in coils. Stainless steel is an alloy steel Commission) notified the Department of All Others ...... 24.00 containing, by weight, 1.2 percent or its final determination pursuant to less of carbon and 10.5 percent or more section 735(b)(1)(A)(i) of the Tariff Act that an industry in the United States is This notice constitutes the of chromium, with or without other materially injured by reason of less- antidumping duty order with respect to elements. The subject plate products are than-fair-value imports of subject extruded rubber thread from Indonesia, flat-rolled products, 254 mm or over in merchandise from Belgium, Canada, pursuant to section 736(a) of the Act. width and 4.75 mm or more in Italy, Korea, South Africa and Taiwan. Interested parties may contact the thickness, in coils, and annealed or In its final determination, however, the Central Records Unit, Room B–099 of otherwise heat treated and pickled or Commission determined that two the Main Commerce Building, for copies otherwise descaled. The subject plate domestic like products exist for the of an updated list of antidumping duty may also be further processed (e.g., merchandise covered by the orders currently in effect. cold-rolled, polished, etc.) provided that Department’s investigation: (i) certain This order is published in accordance it maintains the specified dimensions of plate following such processing. cold-rolled stainless steel plate in coils, with section 736(a) of the Act and 19 as defined above, and (ii) all other CFR 351.211. Excluded from the scope of these orders are the following: (1) plate not in coils, stainless steel plate in coils not Dated: May 17, 1999. (2) plate that is not annealed or specifically excluded. The Commission Bernard T. Carreau, otherwise heat treated and pickled or determined pursuant to section Acting Assistant Secretary for Import otherwise descaled, (3) sheet and strip, 735(b)(1) that a domestic industry in the Administration. and (4) flat bars. In addition, certain United States is not materially injured [FR Doc. 99–13071 Filed 5–20–99; 8:45 am] cold-rolled stainless steel plate in coils or threatened with material injury by reason of imports of the noted cold- BILLING CODE 3510±DS±P is also excluded from the scope of these orders. The excluded cold-rolled rolled stainless steel plate in coils from stainless steel plate in coils is defined as Belgium and Canada and that imports of DEPARTMENT OF COMMERCE that merchandise which meets the the noted cold-rolled stainless steel physical characteristics described above plate in coils from Italy, Korea, South International Trade Administration that has undergone a cold-reduction Africa and Taiwan were ‘‘negligible.’’ process that reduced the thickness of Therefore, the Commission’s affirmative [A±423±808, A±122±830, A±475±822, A±580± the steel by 25 percent or more, and has determination of material injury covered 831, A±791±805, A±583±830] been annealed and pickled after this all stainless steel plate in coils other cold reduction process. than that specifically excluded under Antidumping Duty Orders; Certain The merchandise subject to these the ‘‘Scope of the Orders’’ section above. Stainless Steel Plate in Coils From orders is currently classifiable in the Accordingly, the scope of the Belgium, Canada, Italy, the Republic of Harmonized Tariff Schedule of the antidumping duty orders has been Korea, South Africa, and Taiwan United States (HTS) at subheadings: amended as described above to reflect 7219.11.00.30, 7219.11.00.60, the Commission’s distinction between AGENCY: Import Administration, 7219.12.00.05, 7219.12.00.20, the cold-rolled stainless steel plate in International Trade Administration, 7219.12.00.25, 7219.12.00.50, coils as defined above and all other Department of Commerce. 7219.12.00.55, 7219.12.00.65, stainless steel plate in coils. However, ACTION: Notice of antidumping duty 7219.12.00.70, 7219.12.00.80, because the data as reported by orders. 7219.31.00.10, 7219.90.00.10, respondents do not permit a distinction 7219.90.00.20, 7219.90.00.25, between the cold-rolled stainless steel EFFECTIVE DATE: May 21, 1999. 7219.90.00.60, 7219.90.00.80, plate, as defined by the Commission, 7220.11.00.00, 7220.20.10.10, and all other stainless steel plate in FOR FURTHER INFORMATION CONTACT: coils, we are not amending the final Robert James at (202) 482–5222 or John 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, determinations to exclude any sales of Kugelman at (202) 482–0649, the cold-rolled products. Antidumping and Countervailing Duty 7220.20.60.10, 7220.20.60.15, In accordance with section 736(a)(1) Enforcement Group III, Import 7220.20.60.60, 7220.20.60.80, of the Tariff Act, the Department will Administration, International Trade 7220.90.00.10, 7220.90.00.15, direct Customs officers to assess, upon Administration, U.S. Department of 7220.90.00.60, and 7220.90.00.80. further advice by the Department, Commerce, 14th Street and Constitution Although the HTS subheadings are antidumping duties equal to the amount Avenue, NW, Washington, DC 20230. provided for convenience and Customs purposes, the written description of the by which the normal value of the APPLICABLE STATUTE AND REGULATIONS: scope of the orders is dispositive. merchandise exceeds the export price Unless otherwise indicated, all citations (or constructed export price) of the to the Tariff Act of 1930, as amended Antidumping Duty Orders merchandise for all relevant entries of (the Tariff Act), are to the provisions In accordance with section 735(a) of stainless steel plate in coils from effective January 1, 1995, the effective the Tariff Act the Department made its Belgium, Canada, Italy, Korea, South date of the amendments made to the final determinations that stainless steel Africa and Taiwan. These antidumping Tariff Act by the Uruguay Round plate in coils from Belgium, Canada, duties will be assessed on all Agreements Act (URAA). In addition, Italy, the Republic of Korea (Korea), unliquidated entries of stainless steel unless otherwise indicated, all citations South Africa and Taiwan is being sold plate in coils from Belgium, Canada, to the Department’s regulations are to at less than fair value (see Notice of Italy, Korea, South Africa and Taiwan the regulations codified at 19 CFR Part Final Determination of Sales at Less entered, or withdrawn from warehouse, 351 (April 1, 1998). Than Fair Value: Stainless Steel Plate in for consumption on or after November

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4, 1998, the date on which the Commerce building, for copies of an ACTION: Issuing a directive to the Department published its notices of updated list of antidumping duty orders Commissioner of Customs adjusting preliminary determination in the currently in effect. limits. Federal Register (63 FR 59524 through These orders are published in 59544). Customs officers must require, accordance with section 736(a) of the EFFECTIVE DATE: May 21, 1999. at the same time as importers would Tariff Act of 1930, as amended. FOR FURTHER INFORMATION CONTACT: Janet Heinzen, International Trade normally deposit estimated duties on Dated: May 6, 1999. this merchandise, a cash deposit equal Specialist, Office of Textiles and Robert S. LaRussa, to the estimated weighted-average Apparel, U.S. Department of Commerce, antidumping duty margins as noted Assistant Secretary for Import (202) 482–4212. For information on the Administration. below. The ‘‘All Others’’ rates apply to quota status of these limits, refer to the all exporters of subject stainless steel [FR Doc. 99–12892 Filed 5–20–99; 8:45 am] Quota Status Reports posted on the plate in coils not specifically listed. BILLING CODE 3510±DS±P bulletin boards of each Customs port, Imports of the noted cold-rolled call (202) 927–5850, or refer to the U.S. stainless steel plate in coils, as defined Customs website at http:// DEPARTMENT OF COMMERCE above under ‘‘Scope of the Orders,’’ will www.customs.ustreas.gov. For not be covered by these orders. The National Oceanic and Atmospheric information on embargoes and quota re- weighted-average dumping margins are Administration openings, call (202) 482–3715. as follows: SUPPLEMENTARY INFORMATION: Authority: Section 204 of the Agricultural Cash de- [I.D. 042699C] Producer/manufacturer/exporter posit rate Act of 1956, as amended (7 U.S.C. 1854); (Percent) Pacific Fishery Management Council; Executive Order 11651 of March 3, 1972, as Public Meeting amended. Belgium: The current limits for certain AGENCY: ALZ, N.V...... 9.86 National Marine Fisheries categories are being adjusted for All Others ...... 9.86 Service (NMFS), National Oceanic and Canada: carryforward used in 1998. Atmospheric Administration (NOAA), A description of the textile and Atlas Stainless Steel (Sammi Commerce. Atlas) ...... 15.35 apparel categories in terms of HTS All Others ...... 11.10 ACTION: Notice of cancellation of public numbers is available in the Italy: meeting. CORRELATION: Textile and Apparel Acciai Speciali Terni SpA Categories with the Harmonized Tariff SUMMARY: (AST) ...... 45.09 The Pacific Fishery Schedule of the United States (see All Others ...... 39.69 Management Council’s (Council) has Federal Register notice 63 FR 71096, Republic of Korea: cancelled the public meeting of their published on December 23, 1998). Also Pohang Iron & Steel Co., Ltd 16.26 Ad-Hoc Allocation Committee All Others ...... 16.26 see 63 FR 67046, published on (Committee) that was scheduled for December 4, 1998. South Africa: Tuesday, May 25, 1999 through Columbus Stainless ...... 1 37.77 Troy H. Cribb, 1 Wednesday, May 26, 1999. All Others ...... 37.771 Chairman, Committee for the Implementation Taiwan: FOR FURTHER INFORMATION CONTACT: Julie of Textile Agreements. Yieh United Steel Corporation Walker, Fishery Management Analyst; (YUSCO) ...... 8.02 telephone: (503) 326–6352. Committee for the Implementation of Textile YUSCO/Ta Chen ...... 10.20 Agreements SUPPLEMENTARY INFORMATION: The initial All Others ...... 7.39 May 17, 1999. notice published in the Federal Register 1 The Department's final determination noted on May 3, 1999 (64 FR 23606). Commissioner of Customs, that in accordance with section 772(c)(1)(C) of Department of the Treasury, Washington, DC the Tariff Act Columbus' weighted-average Dated: May 14, 1999. 20229. margin would be reduced by 3.84 percent to Bruce C. Morehead, Dear Commissioner: This directive account for export subsidies found in the con- amends, but does not cancel, the directive current countervailing duty investigation (See Acting Director, Office of Sustainable Final Affirmative Countervailing Duty Deter- Fisheries, National Marine Fisheries Service. issued to you on November 30, 1998, by the mination: Stainless Steel Plate in Coils From [FR Doc. 99–12862 Filed 5–18–99; 1:48 pm] Chairman, Committee for the Implementation South Africa, 63 FR 15553, March 31, 1999). of Textile Agreements. That directive The rate given in the final determination of BILLING CODE 3510±22±F concerns imports of certain cotton, wool, sales at less than fair value was, accordingly, man-made fiber, silk blend and other 37.79 percent. However, in response to an al- vegetable fiber textiles and textile products, legation of ministerial error in calculating the produced or manufactured in China and export subsidy the Department amended the COMMITTEE FOR THE exported during the twelve-month period export subsidy rate to 3.86 percent. See Memorandum to Bernard Carreau, ``Ministerial IMPLEMENTATION OF TEXTILE which began on January 1, 1999 and extends Error Allegations * * * in the Final Determina- AGREEMENTS through December 31, 1999. tion of the Countervailing Duty Investigation of Effective on May 21, 1999, you are directed Certain Stainless Steel Wire Rod [sic] from Adjustment of Import Limits for Certain to adjust the limits for the following South Africa, April 30, 1999. Accordingly, we Cotton, Wool, Man-Made Fiber, Silk categories, as provided for under the terms of have reduced the cash deposit rates for South the current bilateral textile agreement Africa to 37.77 percent. Blend and Other Vegetable Fiber Textiles and Textile Products between the Governments of the United States and the People’s Republic of China: This notice constitutes the Produced or Manufactured in the antidumping duty orders with respect to People's Republic of China certain stainless steel plate in coils from Category Adjusted twelve-month limit 1 Belgium, Canada, Italy, Korea, South May 17, 1999. Africa and Taiwan. Interested parties AGENCY: Committee for the Sublevels in Group I may contact the Department’s Central Implementation of Textile Agreements 200 ...... 716,534 kilograms. Records Unit, room B–099 of the main (CITA). 336 ...... 173,745 dozen.

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Adjusted twelve-month FOR FURTHER INFORMATION CONTACT: Category Category Adjusted twelve-month limit 1 limit 1 Naomi Freeman, International Trade Specialist, Office of Textiles and 338/339 ...... 2,333,946 dozen of 6Category 410±A: only HTS numbers Apparel, U.S. Department of Commerce, 5111.11.3000, 5111.11.7030, 5111.11.7060, which not more than (202) 482–4212. For information on the 1,718,834 dozen 5111.19.2000, 5111.19.6020, 5111.19.6040, shall be in Cat- 5111.19.6060, 5111.19.6080, 5111.20.9000, quota status of these limits, refer to the 5111.30.9000, 5111.90.3000, 5111.90.9000, Quota Status Reports posted on the egories 338±S/339± 5212.11.1010, 5212.12.1010, 5212.13.1010, 2 bulletin boards of each Customs port, S . 5212.14.1010, 5212.15.1010, 5212.21.1010, 340 ...... 777,301 dozen of 5212.22.1010, 5212.23.1010, 5212.24.1010, call (202) 927–5850, or refer to the U.S. which not more than 5212.25.1010, 5311.00.2000, 5407.91.0510, Customs website at http:// 396,662 dozen shall 5407.92.0510, 5407.93.0510, 5407.94.0510, www.customs.ustreas.gov. For be in Category 340± 5408.31.0510, 5408.32.0510, 5408.33.0510, information on embargoes and quota re- Z 3. 5408.34.0510, 5515.13.0510, 5515.22.0510, 5515.92.0510, 5516.31.0510, 5516.32.0510, openings, call (202) 482–3715. 347/348 ...... 2,276,277 dozen. 5516.33.0510, 5516.34.0510 and SUPPLEMENTARY INFORMATION: 350 ...... 163,757 dozen. 6301.20.0020. 351 ...... 548,402 dozen. 7 Category 410±B: only HTS numbers Authority: Section 204 of the Agricultural 352 ...... 1,611,055 dozen. 5007.10.6030, 5007.90.6030, 5112.11.2030, Act of 1956, as amended (7 U.S.C. 1854); 359±C 4 ...... 610,292 kilograms. 5112.11.2060, 5112.19.9010, 5112.19.9020, Executive Order 11651 of March 3, 1972, as 5112.19.9030, 5112.19.9040, 5112.19.9050, amended. 361 ...... 4,217,058 numbers. 5112.19.9060, 5112.20.3000, 5112.30.3000, 362 ...... 7,103,037 numbers. 5112.90.3000, 5112.90.9010, 5112.90.9090, The current limits for certain 369±D 5 ...... 4,695,680 kilograms. 5212.11.1020, 5212.12.1020, 5212.13.1020, categories are being adjusted, variously, 410 ...... 999,047 square meters 5212.14.1020, 5212.15.1020, 5212.21.1020, for swing, special shift, carryover, of which not more 5212.22.1020, 5212.23.1020, 5212.24.1020, carryforward, and recrediting unused than 800,845 square 5212.25.1020, 5309.21.2000, 5309.29.2000, 5407.91.0520, 5407.92.0520, 5407.93.0520, carryforward. meters shall be in 6 5407.94.0520, 5408.31.0520, 5408.32.0520, A description of the textile and Category 410±A 5408.33.0520, 5408.34.0520, 5515.13.0520, apparel categories in terms of HTS and not more than 5515.22.0520, 5515.92.0520, 5516.31.0520, numbers is available in the 792,916 square me- 5516.32.0520, 5516.33.0520 and ters shall be in Cat- 5516.34.0520. CORRELATION: Textile and Apparel egory 410±B 7. 8 Category 651±B: only HTS numbers Categories with the Harmonized Tariff 433 ...... 20,765 dozen. 6107.22.0015 and 6108.32.0015. Schedule of the United States (see 9 Category 659±S: only HTS numbers 443 ...... 127,250 numbers. 6112.31.0010, 6112.31.0020, 6112.41.0010, Federal Register notice 63 FR 71096, 445/446 ...... 286,244 dozen. 6112.41.0020, 6112.41.0030, 6112.41.0040, published on December 23, 1998). Also 447 ...... 68,509 dozen. 6211.11.1010, 6211.11.1020, 6211.12.1010 see 63 FR 67051, published on 638/639 ...... 2,385,205 dozen. and 6211.12.1020. December 4, 1998. 10 640 ...... 1,345,178 dozen. Category 666-C: only HTS number 6303.92.2000. Troy H. Cribb, 642 ...... 337,461 dozen. 11 Category 670±L: only HTS numbers Chairman, Committee for the Implementation 644/844 ...... 3,666,745 numbers. 4202.12.8030, 4202.12.8070, 4202.92.3020, of Textile Agreements. 647 ...... 1,524,155 dozen. 4202.92.3031, 4202.92.9026 and 649 ...... 936,677 dozen. 6307.90.9907. Committee for the Implementation of Textile Agreements 651 ...... 762,293 dozen of The Committee for the Implementation of May 17, 1999. which not more than Textile Agreements has determined that 137,589 dozen shall these actions fall within the foreign affairs Commissioner of Customs, be in Category 651± exception to the rulemaking provisions of 5 Department of the Treasury, Washington, DC B 8. U.S.C. 553(a)(1). 20229. 659±S 9 ...... 606,619 kilograms. Sincerely, Dear Commissioner: This directive 666 ...... 3,549,880 kilograms of Troy H. Cribb, amends, but does not cancel, the directive which not more than Chairman, Committee for the Implementation issued to you on November 30, 1998 by the 1,287,016 kilograms of Textile Agreements. Chairman, Committee for the Implementation shall be in Category of Textile Agreements. That directive 666±C 10. [FR Doc.99–12897 Filed 5–20–99; 8:45 am] concerns imports of certain cotton, wool, 670±L 11 ...... 16,144,100 kilograms. BILLING CODE 3510±DR±F man-made fiber, silk blend and other 836 ...... 281,551 dozen. vegetable fiber textiles and textile products, 840 ...... 473,895 dozen. produced or manufactured in Romania and COMMITTEE FOR THE exported during the period which began on 1 The limits have not been adjusted to ac- IMPLEMENTATION OF TEXTILE January 1, 1999 and extends through count for any imports exported after December December 31, 1999. 31, 1998. AGREEMENTS 2 Effective on May 21, 1999, you are directed Category 338±S: all HTS numbers except to adjust the current limits for the following 6109.10.0012, 6109.10.0014, 6109.10.0018 Adjustment of Import Limits for Certain and 6109.10.0023; Category 339±S: all HTS Wool and Man-Made Fiber Textile categories, as provided for under the Uruguay numbers except 6109.10.0040, 6109.10.0045, Products Produced or Manufactured in Round Agreement on Textiles and Clothing: 6109.10.0060 and 6109.10.0065. Romania 3 Category 340±Z: only HTS numbers Category Adjusted limit 1 6205.20.2015, 6205.20.2020, 6205.20.2050 May 17, 1999. and 6205.20.2060. 315 ...... 3,575,141 square me- 4 AGENCY: Committee for the Category 359±C: only HTS numbers ters. 6103.42.2025, 6103.49.8034, 6104.62.1020, Implementation of Textile Agreements 410 ...... 99,740 square meters. 6104.69.8010, 6114.20.0048, 6114.20.0052, (CITA). 433/434 ...... 11,679 dozen. 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and ACTION: Issuing a directive to the 435 ...... 11,439 dozen. 6211.42.0010. Commissioner of Customs adjusting 442 ...... 14,185 dozen. 5 Category 369±D: only HTS numbers limits. 443 ...... 95,050 numbers. 6302.60.0010, 6302.91.0005 and 444 ...... 53,165 numbers. 6302.91.0045. EFFECTIVE DATE: May 21, 1999. 447/448 ...... 30,096 dozen.

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Category Adjusted limit 1 contract months in the CME Russian settlement price, the CME uses the Ruble futures contract. today rate from each participant that 647/648 ...... 215,672 dozen. FOR FURTHER INFORMATION CONTACT: provides a today rate. If any participant 1 The limits have not been adjusted to ac- Please contact Michael Penick of the provides a tomorrow rate and overnight count for any imports exported after December Division of Economic Analysis, interest rate, but not a today rate, the 31, 1998. Commodity Futures Trading CME calculates an ‘‘implied today rate’’ The Committee for the Implementation of Commission, Three Lafayette Centre, for such participants. The implied today Textile Agreements has determined that 1155 21st Street NW, Washington, DC rate is calculated using the interest rate these actions fall within the foreign affairs 20581, telephone (202) 418–5279. parity relation based on the tomorrow exception of the rulemaking provisions of 5 Facsimile number: (202) 418–5527. rate, the overnight ruble interest rate, U.S.C. 553(a)(1). Electronic mail: [email protected]. and the federal funds overnight U.S. Sincerely, SUPPLEMENTARY INFORMATION: On dollar interest rate.4 Thus, the result of Troy H. Cribb, October 6, 1998, the Commission any single survey (and, thus, the cash Chairman, Committee for the Implementation approved the suspension of listing of settlement price) could consist of a of Textile Agreements. new contract months in the Russian mixture of actual and implied today [FR Doc. 99–12896 Filed 5–20–99; 8:45 am] ruble futures contract. In a letter to the rates. In practice, given that trading for BILLING CODE 3510±DR±F CME dated December 9, 1998, the same day settlement is not permitted in Commission approved proposed the MICEX afternoon session, past cash amendments to the cash settlement settlement prices based on this COMMODITY FUTURES TRADING procedure of the Russian ruble futures procedure have consisted entirely of COMMISSION contract and notified the CME that it implied today rates. was approving those proposed In the event that the CME is unable to Chicago Mercantile Exchange: amendments for application to existing complete both daily surveys on the last Proposal To List Additional Contract contract months only. The Commission trading day, the CME calculates the final Months in the CME Russian Ruble also notified the CME in that letter that settlement price based on two surveys, Futures Contract the CME must submit any proposal to performed under the same procedures, list additional contract months pursuant conducted on the Moscow business day AGENCY: Commodity Futures Trading to Commission Regulation 1.41(b) rather following the last trading day. If the Commission. than the expedited procedure of CME is also unable to complete two ACTION: Notice of availability of Regulation 1.41(l).1 surveys on the second day, then the proposal to list new months in a Under the CME’s current cash final settlement price is based on the commodity futures contract. settlement procedure, as approved by survey results from the most recent the Commission on December 9, 1998 business day prior to the last trading SUMMARY: The Chicago Mercantile for months listed through June 1999, the day on which two surveys were Exchange (CME or Exchange) has CME performs two surveys of financial successfully completed. submitted a proposal to list additional institutions at randomly selected times The CME proposes to implement the contract months in the CME Russian during MICEX’s afternoon System for proposal to list additional contract Ruble Futures Contract. Under the Electronic Trading (SELT) session for months shortly after receipt of proposal, the CME would, as is the case transactions between commercial banks Commission approval. The CME with the currently listed June 1999 (currently conducted between 12 noon characterized the Russian ruble contract contract month, base the cash settlement and 4:30 p.m. Moscow time) on each as ‘‘an important hedging mechanism’’ price on two surveys performed by the Moscow business day.2 The final and stated that, without additional CME clearing house at random times on settlement price is the reciprocal of the contract months, the ‘‘international the last day of trading. average of the two rubles-per-dollar marketplace will lose the premier tool The Acting Director of the Division of exchange rates calculated from the two for managing Russian ruble vs. U.S. Economic Analysis (Division), acting surveys on the last trading day. dollar price risk.’’ The CME also pursuant to the authority delegated by During each survey, the CME asks affirmed that any basis risk that may be Commission Regulation 140.96, has participants for two separate rubles per associated with positions in the ruble determined that publication of the dollar exchange rates as well as an contract is less than the risk exposure proposal for comment is in the public overnight interbank ruble interest rate. that would be faced by hedgers in the interest, will assist the Commission in Those two rubles per dollar exchange absence of the ruble contract, since considering the views of interested rates are a ‘‘today rate’’ (the exchange there is no other viable means to hedge persons, and is consistent with the rate for same-day settlement) and a ruble positions. purpose of the Commodity Exchange ‘‘tomorrow rate’’ (the exchange rate for Moreover, with respect to Act. settlement on the next Moscow business susceptibility to manipulation, the CME 3 DATES: Comments must be received on day). In its calculation of the final stated in its submission that since the or before June 7, 1999. events that occurred last summer, ‘‘the 1 Commission Regulation 1.41(l) provides that an Russian economy has stabilized and is ADDRESSES: Interested persons should exchange proposal to list additional contract submit their views and comments to months in a futures or option contract will be taking steps to recovery.’’ The CME Jean A. Webb, Secretary, Commodity deemed approved 10 days after receipt by the noted that real consumer spending and Futures Trading Commission, Three Commission if it does not provide for the listing of industrial production have increased, a contract month outside the currently established Lafayette Centre, 1155 21st Street, NW, while monthly inflation rates have cycle of contract months. decreased. In addition, the CME cited Washington, DC 20581. In addition, 2 MICEX currently runs two daily trading comments may be sent by facsimile sessions—a morning session for importers and the Russian Finance Ministry claim that transmission to facsimile number (202) exporters and an afternoon session for transactions 418–5521, or by electronic mail to between commercial banks. 4 In this case, the tomorrow rate and overnight 3 At the afternoon MICEX session, trading is ruble interest rate used are average rates calculated [email protected]. Reference should be currently allowed only for settlement on the next from the daily survey results. The overnight federal made to the proposal to list additional Moscow business day. funds rate is obtained from Telerate.

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.047 pfrm07 PsN: 21MYN1 27760 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices wage and pension arrears have been were based on traders’ expectations that Issued in Washington, DC, on May 17, reduced and the government has paid the cash settlement price ultimately 1999. all federal wage arrears. Moreover, would be based on a today rate. The John R. Mielke, according to the CME, Russia has Division now requests comment on the Acting Director. reached agreements with the IMF and appropriateness of using an implied [FR Doc. 99–12879 Filed 5–20–99; 8:45; am] World Bank that would provide Russia today rate for newly listed months. The BILLING CODE 6351±01±M with access to additional loans and the Division also requests comment on ability to negotiate with creditors to whether the CME procedure will restructure existing debts. Further, continue to result in a cash settlement DEPARTMENT OF DEFENSE Russia has restructured most of its price that is not readily susceptible to domestic debt which had been frozen in manipulation or distortion in light of Office of the Secretary August 1998. the degree of liquidity of the Russian The CME further noted that its CME/ ruble market and the restrictions on Proposed Collection; Comment EMTA reference rate survey is widely currency trading in Russia. Specifically, Request accepted in the cash market. It was will the procedures used by the CME, AGENCY: Office of the Assistant noted that the results of the survey, including setting the cash settlement Secretary of Defense for Health Affairs. which is conducted daily, has been price based on two surveys conducted at ACTION: Notice accepted as a rate source for non- random times, tend to prevent market deliverable forward Russian ruble-US participants from influencing the cash In accordance with Section 3506 Dollar transactions. That rate also has settlement price? Finally, in the current (c)(2)(A) of the Paperwork Reduction been approved by the Emerging Markets environment and given the proposed Act of 1995, the Office of the Assistant Traders Association, the Foreign cash settlement provisions, can the Secretary of Defense (Health Affairs) Exchange Committee, and the Russian ruble contract be used for announces the proposed reinstatement International Swaps Dealers Association hedging or price discovery? of a public information collection and for settlement of U.S. dollar/Russian The proposal was submitted to the seeks public comment on the provisions ruble transactions in the spot market. Commission under the Commission’s thereof. Comments are invited on: (a) Thus, according to the CME, the CME/ 45-day Fast Track procedures of whether the proposed extension of EMTA reference rate has become the de Commission Regulation 1.41(b)(2). In collection of information is necessary facto price discovery mechanism for the view of the limited review period under for the proper performance of the Russian ruble market. Moreover, the the Fast Track procedures, the Division functions of the agency, including CME noted that the CME/EMTA has determined to publish for public whether the information shall have reference rate survey was used comment notice of the proposal for 15 practical utility; (b) the accuracy of the successfully to cash settle the October, days, rather than 30 days as provided agency’s estimate of the burden of the November, and December 1998 futures for proposals submitted under the information collection; (c) ways to contracts and the March 1999 futures regular review procedures. enhance the quality, utility, and clarity contract. Moreover, on each of those Copies of the proposal will be of the information to be collected; and cash settlement days, at least eight available for inspection at the Office of (d) ways to minimize the burden of the survey participants provided quotes, the Secretariat, Commodity Futures information collection on respondents, consistent with the CME’s existing including through the use of automated contract terms and conditions regarding Trading Commission, Three Lafayette collection techniques or other forms of final cash settlement survey. Centre, 1155 21st St., NW, Washington, information technology. The Division requests comment on DC 20581. Copies of the proposal can be the proposal to list additional contract obtained through the Office of the DATES: Consideration will be given to all months. The Division specifically Secretariat by mail at the above address comments received July 20, 1999. requests comment on whether the or by phone at (202) 418–5100. ADDRESSES: Written comments and survey procedure has resulted, and will Other materials submitted by the CME recommendations on the information continue to result, in a cash settlement may be available upon request pursuant collection should be sent to Office of the price that is reflective of the underlying to the Freedom of Information Act (5 Assistant Secretary of Defense (Health cash market and otherwise meets the U.S.C. 552) and the Commission’s Affairs) TRICARE Management Activity, standards of the Commission’s regulations thereunder (17 CFR part 145 Skyline Five, Suite 810, 5111 Leesburg Guideline No. 1.5 In that regard, the (1987)), except to the extent they are Pike, Falls Church, Virginia 22041– Division notes that the CME survey entitled to confidential treatment as set 3206. procedure is designed to obtain an forth in 17 CFR 145.5 and 145.9. FOR FURTHER INFORMATION CONTACT: To exchange rate for same-day settlement Requests for copies of such materials request more information on this during the afternoon MICEX session but should be made to the FOI, Privacy and proposed information collection, please that trading for same-day settlement is Sunshine Act Compliance Staff of the write to the above address or call not currently permitted during that Office of the Secretariat at the Michael Talisnik, Office of the Assistant MICEX session. In its December 9, 1998 Commission’s headquarters in Secretary of Defense (Health Affairs), letter to the CME, the Commission accordance with 17 CFR 145.7 and TRICARE Management Activity at (703) approved the use of a today rate to settle 145.8. 681–1752. existing contract months, in part Any person interested in submitting Title; Associated Form; and OMB because there were indications that written data, views, or arguments on the Number: TRICARE Enrollment futures prices in those contract months proposal, or with respect to other Application Form, OMB No. 0720–0008. materials submitted by the CME, should Needs and Uses: The collection 5 The Commission’s Guideline No. 1 (17 CFR part send such comments to Jean A. Webb, instrument serves as an application 5, Appendix A, section (a)(2)(iii)) requires, for cash Secretary, Commodity Futures Trading form for enrollment in the TRICARE settled contracts, that the cash price series must be reflective of the underlying cash market and be Commission, Three Lafayette Centre, Health Care Delivery Program reliable, acceptable, publicly available, and timely 1155 21st St., NW, Washington, DC established in accordance with 10 USC and not readily susceptible to manipulation. 20581 by the specified date. 1099. The information collected hereby

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.153 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27761 provides the private Third Party provide additional guidance regarding 1999 Amendment: The internal Administrator, contracted to provide the charging of unauthorized credit. subsection reference in subsection (d)(2) administrative support services, with debit, or electronic transactions; (5) add was corrected to reflect the 1995 change necessary data to determine beneficiary firearm or explosive as additional which redesignated R.C.M. 1305(e) as eligibility, other health insurance criterion which would authorize greater R.C.M. 1305(d)’’ liability, premium payment, and to punishment under Article 103, captured M.R.E. 615 is amended to read as identify the selection of a health care or abandoned property; and (6) delete follows: ‘‘Rule 615. Exclusion of option. part of the explanation of false official witness. Affected Public: Individuals or statement. At the request of the prosecution of household. The proposed changes have not been defense the military judge shall order Annual Burden Hours: 75,000. coordinated within the Department of witnesses excluded so that they cannot Number of Respondents: 300,000. Defense under DoD Directive 5500.1, hear the testimony of other witnesses, Responses Per Respondent: 1. ‘‘Preparation and Processing of and the military judge may make the Average Burden Per Response: 15 Legislation, Executive Orders, order sua sponte. This rule does not minutes. Proclamations, and Reports and authorize exclusion of (1) the accused, Frequency: On occasion. Comments Thereon,’’ May 21, 1964, and or (2) a member of an armed service or SUPPLEMENTARY INFORMATION: The do not constitute the official position of an employee of the United States Department established TRICARE to the Department of Defense, Military designated as representative of the provide for a more cost effective Departments, or any other government United States by the trial counsel, or (3) program for the delivery of health care agency. a person whose presence is shown by a services and to improve the quality of This notice is provided in accordance party to be essential to the presentation and access to health care services. In with DoD Directive 5500.17, ‘‘Role and of the party’s case, or (4) a person order to carry out this program, it is Responsibilities of the Joint Service authorized by statute to be present at necessary that certain beneficiaries Committee (JSC) on Military Justice,’’ courts-martial, or (5) any victim of an electing to enroll in the TRICARE Prime May 8, 1996. This notice is intended offense from the trial of an accused for option complete an enrollment form. only to improve the internal that offense because such victim may Completion of the enrollment form is an management of the Federal Government. testify or present any information in essential element of the TRICARE It is not intended to create any right or relation to the sentence or that offense program. benefit, substantive or procedural, during the presentencing proceedings.’’ enforceable at law or by any party The Analysis accompanying M.R.E. Dated: May 14, 1999. against the United States, its agencies, 615 is amended by inserting the L.M. Bynum, its officers, or any person. following at the end thereof: Alternative OSD Federal Register Liaison ADDRESSES: Comments on the proposed ‘‘1999 Amendment: These changes are Officer, Department of Defense. change should be sent to LtCol Thomas intended to extend to victims at courts- [FR Doc. 99–12802 Filed 5–20–99; 8:45 am] C. Jaster, U.S. Air Force, Air Force Legal martial the same rights granted to BILLING CODE 5001±10±M Services Agency, 112 Luke Avenue, victims by The Victims’ Rights and Room 343, Bolling Air Force Base, Restitution Act of 1990, 42 U.S.C. Washington, DC 20332–8000. 10606(b)(4), giving crime victims ‘‘the DEPARTMENT OF DEFENSE DATES: Comments on the proposed right to be present at all public court proceedings related to the offense, Office of the Secretary changes must be received no later than August 4, 1999, for consideration by the unless the court determines that testimony by the victim would be Manual for Courts-Martial JSC. materially affected if the victim heard FOR FURTHER INFORMATION CONTACT: AGENCY: other testimony at trial,’’ and The Joint Service Committee on LtCol Thomas C. Jaster, U.S. Air Force, Victim Rights Clarification Act of 1997, Military Justice (JSC). Air Force Legal Services Agency, 112 18 U.S.C. 3510, which is restated in ACTION: Notice of proposed Luke Avenue, Room 343, Bolling Air subsection (5). For the purposes of this amendments. Force Base, Washington, DC 20332– rule, the term ‘‘victim’’ includes all 8000, (202) 767–1539; FAX (202) 404– SUMMARY: The Department of Defense is persons defined as victims in 42 U.S.C. 8755. considering recommending changes to 10607(e)(2), which means ‘‘a person that The full text of the affected sections the Manual for Courts-Martial, United has suffered direct physical, emotional, follows: States, (1998 ed.) [MCM]. The proposed R.C.M. 1305(d)(2) is amended to read or pecuniary harm as a result of the changes are the 1999 draft annual as follows: commission of a crime, including—(A) review required by the MCM and DoD (2) Forwarding to the convening in the case of a victim that is an Directive 5500.17, ‘‘Role and authority. The original and one copy of institutional entity, an authorized Responsibilities of the Joint Service the record of trial shall be forwarded to representative of the entity; and (B) in Committee (JSC) on Miliary Justice,’’ the convening authority after the case of a victim who is under 18 May 8, 1996. The proposed changes compliance with subsection (d)(1) of years of age, incompetent, incapacitated, concern the rules of procedure and this rule.’’ or decreased, one of the following (in evidence applicable in trials by courts- R.C.M. 1305(d). The Analysis to order of preference): (i) A spouse; (ii) a martial and the punitive articles R.C.M. 1305(d) is deleted. legal guardian; (iii) a parent; (iv) a child; describing offenses. More specifically, R.C.M. 1305(e). The Analysis to (v) a sibling; (vi) another family the proposed changes would: (1) make R.C.M. 1305(e) is amended as follows: member; or (vii) another person a technical correction to a Rule for ‘‘(d) Forwarding copies of the record. designated by the court.’’ The victim’s Courts-Martial (R.C.M.) reference; (2) Subsection (1) is based on Article right to remain in the courtroom clarify the rights of victims to be present 60(b)(2). Subsection (2) is based on the remains subject to other rules, such as at courts-martial; (3) raise the monetary third paragraph 91c of MCM, 1969 those regarding classified information, amount affecting maximum (Rev.). Subsection (3) is self- witness deportment, and conduct in the punishments for various offenses; (4) explanatory. courtroom. Subsection (4) is intended to

VerDate 06-MAY-99 18:40 May 20, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 27762 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices capture only those statutes applicable to amount effecting punishment in 18 is amended by inserting the following at courts-martial.’’ U.S.C. 1361, Government property or the end thereof. Paragraphs 32e, 33e, 46e, 49e, 52e, contracts, and 18 U.S.C. 641, Public ‘‘1999 Amendment: The monetary 58e, 78e, and 106e, Part IV, MCM, money, property or records, was amount affecting the maximum ‘‘Punitive Articles’’ are amended by increased from $100 to $1000 pursuant punishments has been revised from substituting the value of ‘‘$500.00’’ in to the Economic Espionage Act of 1996, $100 to $500 to account for inflation. lieu of ‘‘$100.00’’ in all places the value Public Law 104–294, 11 Oct 96, a value The last change was in 1969 raising the appears. of $500 was chosen to maintain amount to $100. The value has also been The Analysis accompanying deterrence, simplicity and uniformity readjusted to realign it more closely paragraph 32(e) in Appendix 23, MCM for the manual’s property offenses.’’ with the division between felony and is amended by inserting the following at The Analysis accompanying misdemeanor penalties in civilian the end thereof: paragraph 49(e) in Appendix 23, MCM jurisdictions. See generally, the ‘‘1999 Amendment: The monetary is amended by inserting the following at American Law Institute Model Penal amount affecting the maximum the end thereof: Code, (1980), § 223.1 (suggesting $500 as punishments has been revised from ‘‘1999 Amendment: The monetary the value).’’ $100 to $500 to account for inflation. amount affecting the maximum The Analysis accompanying The last change was in 1969 raising the punishments has been revised from paragraph 106(e) in Appendix 23, MCM amount to $100. The value has also been $100 to $500 to account for inflation. is amended by inserting the following at readjusted to realign it more closely The last change was in 1969 raising the the end thereof: with the division between felony and amount of $100. The value has also been ‘‘1999 Amendment: The monetary misdemeanor penalties in civilian readjusted to realign it more closely amount affecting the maximum jurisdictions. See generally, the with the division between felony and punishments has been revised from American Law Institute Model Penal misdemeanor penalties in civilian $100 to $500 to account for inflation. Code, (1980), § 233.1 (suggesting $500 as jurisdictions. See generally, the The last change was in 1969 raising the the value). Although the monetary American Law Institute Model Penal amount to $100. The value has also been amount effecting punishment in 18 Code, (1980), § 223.1 (suggesting $500 as readjusted to realign it more closely U.S.C. 1361, Government property or the value).’’ with the division between felony and contracts, and 18 U.S.C. 641, Public The Analysis accompanying misdemeanor penalties in civilian money, property or records, was paragraph 52(e) in Appendix 23, MCM jurisdictions. See generally, the increased from $100 to $1000 pursuant is amended by inserting the following at American Law Institute Model Penal to the Economic Espionage Act of 1996, the end thereof: Code, (1980), § 223.1 (suggesting $500 as Public Law 104–294, 11 Oct 96, a value ‘‘1999 Amendment: The monetary the value).’’ of $500 was chosen to maintain amount affecting the maximum Paragraph 27e(1)(a), Part IV, MCM, deterrence, simplicity and uniformity punishments has been revised from ‘‘Punitive Articles’’ is amended to read for the manual’s property offenses.’’ $100 to $500 to account for inflation. as follows: The Analysis accompanying The last change was in 1969 raising the ‘‘(a) of a value of $500.00 or less. Bad- paragraph 33(e) in Appendix 23, MCM amount to $100. The value has also been conduct discharge, forfeiture of all pay is amended by inserting the following at readjusted to realign it more closely and allowances, and confinement for 6 the end thereof: with the division between felony and months.’’ ‘‘1999 Amendment: The monetary misdemeanor penalties in civilian Paragraph 27e(1)(b), Part IV, MCM, amount affecting the maximum jurisdictions. See generally, the ‘‘Punitive Articles’’ is amended to read punishments has been revised from American Law Institute Model Penal as follows: $100 to $500 to account for inflation. Code, (1980), § 223.1 (suggesting $500 as ‘‘(b) of a value of $500.00 or any The last change was in 1969 raising the the value). A value of $500 was chosen firearm or explosive. Dishonorable amount to $100. The value has also been to maintain deterrence, simplicity and discharge, forfeiture of all pay and readjusted to realign it more closely uniformity for the manual’s property allowances, and confinement for 5 with the division between felony and offenses. 18 U.S.C. 81, Arson within years.’’ misdemeanor penalties in civilian special maritime and territorial The Analysis accompanying jurisdictions. See generally, the jurisdiction, no longer grades the paragraph 27(e) in Appendix 23, MCM American Law Institute Model Penal offense on the basis of value.’’ is amended by inserting the following at Code, (1980), § 223.1 (suggesting $500 as The Analysis accompany paragraph the end thereof: the value).’’ 58(e) in Appendix 23, MCM is amended ‘‘1999 Amendment: The monetary The Analysis accompanying by inserting the following at the end amount affecting the maximum paragraph 46(e) in Appendix 23, MCM thereof: punishments has been revised from is amended by inserting the following at ‘‘1999 Amendment: The monetary $100 to $500 to account for inflation. the end thereof. amount affecting the maximum The last change was in 1969 raising the ‘‘1999 Amendment: The monetary punishments has been revised from amount to $100. The value has also been amount affecting the maximum $100 to $500 to account for inflation. readjusted to realign it more closely punishments has been revised from The last change was in 1969 raising the with the division between felony and $100 to $500 to account for inflation. amount to $100. The value has also been misdemeanor penalties in civilian The last change was in 1969 raising the readjusted to realign it more closely jurisdictions. See generally, the amount to $100. The value has also been with the division between felony and American Law Institute Model Penal readjusted to realign it more closely misdemeanor penalties in civilian Code, (1980), § 223.1 1 (suggesting $500 with the division between felony and jurisdictions. See generally, the as the value). The amendment also adds misdemeanor penalties in civilian American Law Institute Model Penal the phrase ‘‘or any firearm or explosive’’ jurisdictions. See generally, the Code, (1980), § 223.1 (suggesting $500 as as an additional criterion. This is American Law Institute Model Penal the value).’’ because, regardless of the intrinsic value Code, (1980), § 223.1 (suggesting $500 as The Analysis accompanying of such items, the threat to the the value). Although the monetary paragraph 78(e) in Appendix 23, MCM community is substantial when such

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.203 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27763 items are wrongfully bought, sold, v. Jones, 29 C.M.R. 651 (A.B.R. 1960), Dated: May 17, 1999. traded, dealt in or disposed.’’ petition denied, 30 C.M.R. 417 (C.M.A. L.M. Bynum, Paragrahp 27f(3) Part IV, MCM, 1960) regarding thefts from ATM Alternate OSD Federal Register Liaison ‘‘Punitive Articles’’ is amended to read machines. Alternatives charging Officer, Department of Defense. as follows: theories are also available, see United [FR Doc. 99–12800 Filed 5–20–99; 8:45 am] ‘‘(3) Dealing in captured or abandoned States v. Ragins, 11 M.J. 42 (C.M.A. BILLING CODE 5001±10±M property. 1981); United States v. Leslie, 13 M.J. ll In that (personal jurisdiction 170 (C.M.A. 1982); United States v. data), did, (at/on board-location), on or Christy, 18 M.J. 688 (N.M.C.M.R. 1984); DEPARTMENT OF DEFENSE ll ll about 19 , (buy) (sell) (trade) and United States v. Schaper, 42 M.J. ll (deal in) (dispose of) ( ) certain 737 (A.F.Ct.CrimApp. 1995) The key Office of the Secretary (captured) (abandoned) property, to under Article 121 is that the accused ll Defense Intelligence Agency, Science wit: , ((a firearm) (an explosive)), of wrongfully obtained goods or money a value of (about) $ll, thereby and Technology Advisory Board from a person or entity with a superior Closed Panel Meeting (receiving (expecting) a (profit) (benefit) possessory interest.’’ ll (advantage) to (himself/herself) ( , AGENCY: Department of Defense, Defense ll Dated: May 17, 1999. his/her accomplice) ( , his/her Intelligence Agency. ll L.M. Bynum, brother) ( ).’’ ACTION: Notice. Paragraph 31c(6), Part IV, MCM, Alternate OSD Federal Register Liaison ‘‘Punitive Articles’’ is deleted. Officer, Department of Defense. SUMMARY: Pursuant to the provisions of The Analysis accompanying [FR Doc. 99–12805 Filed 5–20–99; 8:45 am] Subsection (d) of Section 10 of Public paragraph 31(c)(6) in Appendix 23, BILLING CODE 5001±10±M Law 92–463, as amended by Section 5 MCM is deleted and replaced with the of Public Law 94–409, notice is hereby following: given that a closed meeting of the DIA ‘‘1999 Amendment: Subparagraph DEPARTMENT OF DEFENSE Science and Technology Advisory c(6), ‘‘Statements made during an Board has been scheduled as follows: Office of the Secretary interrogation’’ was removed in light of DATES: 24 May 1999 (900 am to 1600 United States v. Solis, 45 M.J. 31 (CAAF Defense Intelligence Agency, Science pm). 1997).’’ and Technology Advisory Board ADDRESSES: The Defense Intelligence Paragraph 46c(1)(h), Part IV, MCM, Closed Panel Meeting Agency, 200 MacDill Blvd, Washington, ‘‘punitive Articles’’ is amended by DC 20340–5100. creating the following new AGENCY: Department of the Defense, subparagraph (vi) as follows: FOR FURTHER INFORMATION CONTACT: Maj (vi) Credit, Debit, and Electronic Defense Intelligence Agency. Donald R. Culp, Jr., USAF, Executive Transactions. Wrongfully engaging in a ACTION: Notice. Secretary, DIA Science and Technology credit, debit, or electronic transaction to Advisory Board, Washington, DC obtain goods or money is an obtaining- SUMMARY: Pursuant to the provisions of 20340–1328, (202) 231–4930. type larceny by false pretense. Such use Subsection (d) of Section 10 of Public SUPPLEMENTARY INFORMATION: The entire to obtain goods is usually a larceny of Law 92–463, as amended by Section 5 meeting is devoted to the discussion of those goods from the merchant offering of Pub. L. 94–409, notice is hereby given classified information as defined in them. Such use to obtain money or a that a closed meeting of the DIA Science Section 552b(c)(1), Title 5 of the U.S. negotiable instrument (e.g. withdrawing and Technology Advisory Board has Code, and therefore will be closed to the cash from an automated teller or a cash been scheduled as follows: public. The Board will receive briefings advance from a bank) is usually a on and discuss several current critical DATE: 25 May 1999 (0800 to 1600). larceny of money from the entity intelligence issues and advise the presenting the money or a negotiable ADDRESSES: The Defense Intelligence Director, DIA, on related scientific and instrument. For the purpose of this Agency, 3100 Clarendon Blvd., technical matters. section, the term ‘‘credit, debit, or Arlington, VA 22201–5300. Dated: May 17, 1999. electronic transaction’’ includes the use DATE: 26 May 1999 (0800 to 1600). L.M. Bynum, of an instrument or device, whether Alternate OSD Federal Register Liaison known as a credit card, debit card, ADDRESSES: The Defense Intelligence Officer, Department of Defense. automated teller machine (ATM) card or Agency, 200 MacDill Bvd., Washington, [FR Doc. 99–12801 Filed 5–20–99; 8:45 am] D.C. 20340–5100. by any other name, including access BILLING CODE 5001±10±M devices such as code, account number, FOR FURTHER INFORMATION CONTACT: Maj. electronic serial number or personal Donald R. Culp, Jr., USAF, Executive identification number, issued for the use Secreary, DIA Science and Technology DEPARTMENT OF DEFENSE in obtaining money, goods, or anything Advisory Board, Washington, DC. Office of the Secretary else of value.’’ 20340–1328 (202) 231–4930. The Analysis accompanying paragraph 46(c) in Appendix 23, MCM SUPPLEMENTARY INFORMATION: The entire Strategic Environmental Research and is amended by inserting the following at meeting is devoted to the discussion of Development Program, Scientific the end thereof: classified information as defined in Advisory Board ‘‘1999 Amendment: Subparagraph Section 552b(c)(l), Title 5 of the U.S. ACTION: Notice of cancellation. c(1)(h)(vi) is new. It was added to Code, and therefore will be closed to the provide guidance on how unauthorized public. The Board will receive briefings In accordance with Section 10(a)(2) of credit, debit, or electronic transactions on and discuss several current critical the Federal Advisory Committee Act should usually be charged. See United intelligence issues and advise the (P.L. 92–463), cancellation of the States v. Duncan, 30 M.J. 1284 Director, DIA, on related scientific and announcement is made of the following (N.M.C.M.R. 1990) citing United States technical matters. Committee meeting:

VerDate 06-MAY-99 19:10 May 20, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 27764 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices

Date of meeting: June 16 and June 17, 1999 Officer, publishes that notice containing DEPARTMENT OF ENERGY from 0830 to 1700. proposed information collection Place: National Rural Electric Cooperative requests prior to submission of these Federal Energy Regulatory Association, 4301 Wilson Boulevard, Commission Conference Center Room 1, Arlington, VA. requests to OMB. Each proposed For further information contact: Ms. Amy information collection, grouped by [Docket No. ER98±4652±001, et al.] Kelly, SERDP Program Office, 901 North office, contains the following: (1) Type Stuart Street, Suite 303, Arlington, VA or by of review requested, e.g. new, revision, Boralex Stratton Energy, Inc., et al.; telephone at (703) 696–2124. extension, existing or reinstatement; (2) Electric Rate and Corporate Regulation Dated: May 17, 1999. Title; (3) Summary of the collection; (4) Filings L.M. Bynum, Description of the need for, and May 12, 1999. Alternate OSD Federal Register Liaison proposed use of, the information; (5) Take notice that the following filings Officer, Department of Defense. Respondents and frequency of have been made with the Commission: [FR Doc. 99–12804 Filed 5–20–99; 8:45 am] collection; and (6) Reporting and/or BILLING CODE 5001±10±M Recordkeeping burden. OMB invites 1. Boralex Stratton Energy, Inc. public comment at the address specified [Docket No. ER98–4652–001] above. Copies of the requests are DEPARTMENT OF EDUCATION Take notice that on May 5, 1999, available from Patrick J. Sherrill at the Boralex Stratton Energy, Inc., tendered Notice of Proposed Information address specified above. The for filing a notice of change in status in Collection Requests Department of Education is especially the above-referenced docket. interested in public comment Comment date: May 25, 1999, in AGENCY: Department of Education. addressing the following issues: (1) is accordance with Standard Paragraph E SUMMARY: The Acting Leader, this collection necessary to the proper at the end of this notice. Information Management Group, Office functions of the Department; (2) will of the Chief Information Officer, invites this information be processed and used 2. Appalachian Power Company comments on the proposed information in a timely manner; (3) is the estimate [Docket Nos. ER92–323–003 and ER92–324– collection requests as required by the of burden accurate; (4) how might the 003] Paperwork Reduction Act of 1995. Department enhance the quality, utility, Take notice that on May 5, 1999, DATES: Interested persons are invited to and clarity of the information to be Appalachian Power Company (APCo), submit comments on or before July 20, collected; and (5) how might the tendered for filing its compliance filing 1999. Department minimize the burden of this in the above-referenced dockets, ADDRESSES: Written comments and collection on the respondents, including pursuant to the Commission’s April 5, requests for copies of the proposed through the use of information 1999, Opinion and Order Denying information collection requests should technology. Rehearing and its June 5, 1998 Opinion be addressed to Patrick J. Sherrill, and Order on Initial Decision. Department of Education, 400 Maryland Dated: May 17, 1999. Copies of the filing were served upon Avenue, S.W., Room 5624, Regional William E. Burrow, APCo’s jurisdictional customers, the Office Building 3, Washington, D.C. Acting Leader, Information Management Tennessee Public Service Commission, 20202–4651, or should be electronically Group, Office of the Chief Information Officer. the Virginia State Corporation mailed to the internet address Pat— Commission, the Public Service Office of the Under Secretary [email protected], or should be faxed to Commission of West Virginia and all 202–708–9346. Type of Review: Extension. parties of record. FOR FURTHER INFORMATION CONTACT: Comment date: May 25, 1999, in Title: Evaluation of School-to-Work Patrick J. Sherrill (202) 708–8196. accordance with Standard Paragraph E Implementation. Individuals who use a at the end of this notice. Frequency: Annually. telecommunications device for the deaf 3. Green Mountain Energy Resources (TDD) may call the Federal Information Affected Public: Individuals or L.L.C. Relay Service (FIRS) at 1–800–877–8339 households; State, local or Tribal Gov’t, between 8 a.m. and 8 p.m., Eastern time, SEAs or LEAs. [Docket No. ER99–2489–000] Monday through Friday. Take notice that on May 5, 1999, Reporting and Recordkeeping Hour SUPPLEMENTARY INFORMATION: Section Green Mountain Energy Resources Burden: 3506 of the Paperwork Reduction Act of L.L.C. (Green Mountain Energy), 1995 (44 U.S.C. Chapter 35) requires Responses: 7,221 tendered for filing an amendment to its that the Office of Management and Burden Hours: 36,542 April 14, 1999, Petition for Acceptance Budget (OMB) provide interested of Initial Rate Schedule, Waivers and Abstract: This congressionally Federal agencies and the public an early Blanket Authority. mandated five year study examines the opportunity to comment on information Comment date: May 25, 1999, in implementation of School-to-Work collection requests. OMB may amend or accordance with Standard Paragraph E waive the requirement for public programs in states and local at the end of this notice. communities. The evaluation involves consultation to the extent that public 4. Eastern Edison Company participation in the approval process surveys of local STW partnerships, in- would defeat the purpose of the depth case studies in eight states and 40 [Docket No. ER99–2814–000] information collection, violate State or communities, and study of students’ Take notice that on May 5, 1999, Federal law, or substantially interfere experience in high school and Eastern Edison Company (EECO), with any agency’s ability to perform its postsecondary education. tendered for filing an executed statutory obligations. The Acting [FR Doc. 99–12831 Filed 5–20–99; 8:45 am] Interconnection Agreement between Leader, Information Management BILLING CODE 4000±01±P itself and Browning Ferris Gas Services, Group, Office of the Chief Information Incorporated. (BFGSI). The

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Interconnection Agreement establishes 8. South Carolina Electric & Gas and Blanket Authority, to become the requirements, terms and conditions Company effective June 15, 1999. The proposed tariffs provide the terms for EECO to complete system upgrades [Docket No. ER99–2818–000] which will enable BFGSI to operate in and conditions pursuant to which Green parallel with the EECO electrical Take notice that on May 4, 1999, Power Partners will sell electric power South Carolina Electric & Gas Company system. at negotiated market-based rates (Rate tendered for filing a report that Schedule FERC No. 1) and make Comment date: May 25, 1999, in summarizes transactions during the transmission capacity available for sale, accordance with Standard Paragraph E three months ended March 31, 1999, assignment, or transfer (Rate Schedule at the end of this notice. pursuant to the Market-Based Tariff FERC No. 2). 5. Blackstone Valley Electric Co. accepted by the Commission in Docket Comment date: May 25, 1999, in Nos. ER96–1085–000 and ER96–3073– accordance with Standard Paragraph E [Docket No. ER99–2815–000] 000. at the end of this notice. Comment date: May 24, 1999, in Take notice that on May 5, 1999, 12. Nevada Power Company Blackstone Valley Electric Company accordance with Standard Paragraph E (Blackstone), tendered for filing an at the end of this notice. [Docket No. ER99–2823–000] executed Related Facilities Agreement 9. California Independent System Take notice that on May 4, 1999, between itself and ANP Blackstone Operator Corporation Nevada Power Company (Nevada Power), tendered for filing Amendment Energy Company (ANP). The Related [Docket No. ER99–2820–000] Facilities Agreement is to establish the No. 1 to the 230kV Facilities requirements, terms and conditions for Take notice that on May 5, 1999, the Interconnection Agreement between Blackstone to complete transmission California Independent System Operator Nevada Power Company and El Dorado upgrades which will enable ANP to Corporation (ISO), tendered for filing a Energy, L.L.C. (EDE). The effective date of Amendment No. operate in parallel with the Blackstone Participating Generator Agreement between Geysers Power Company, LLC 1 shall be as of the execution date of electrical system. (Geysers Power) and the ISO for April 19, 1999 and shall remain in full Comment date: May 25, 1999, in acceptance by the Commission. force and effect currently with the accordance with Standard Paragraph E The ISO states that this filing has been Agreement. at the end of this notice. served on Geysers Power and the In addition to the Parties to this Amendment, copies of this filing have 6. Entergy Services, Inc. California Public Utilities Commission. The ISO is requesting waiver of the also been provided to the Public [Docket No. ER99–2816–000] 60-day notice requirement to allow the Utilities Commission of Nevada and the Participating Generator Agreement to be Utility Consumer’s Advocate. Take notice that on May 5, 1999, Comment date: May 24, 1999, in Entergy Services, Inc. (Entergy made effective as of April 27, 1999. Comment date: May 25, 1999, in accordance with Standard Paragraph E Services), on behalf of Entergy at the end of this notice. Arkansas, Inc., Entergy Gulf States, Inc., accordance with Standard Paragraph E Entergy Louisiana, Inc., Entergy at the end of this notice. 13. Central Vermont Public Service Mississippi, Inc., and Entergy New 10. California Independent System Corporation Orleans, Inc. (collectively the Entergy Operator Corporation [Docket No. ER99–2824–000] Operating Companies), tendered for [Docket No. ER99–2821–000] Take notice that on May 4, 1999, filing revised Exhibit B to Attachment A Central Vermont Public Service Take notice that on May 5, 1999, the of the Network Integration Transmission Corporation (Central Vermont), tendered California Independent System Operator Service Agreement between Entergy for filing a Service Agreement with Corporation (ISO), tendered for filing a Services, Inc., as agent for the Entergy Citizens Power Sales under its FERC Meter Service Agreement for ISO Operating Companies, and the Cajun Electric Tariff No. 8. Metered Entities (Meter Service Electric Power Cooperative, Inc. Central Vermont requests waiver of Agreement) between the ISO and the Commission’s Regulations to permit Comment date: May 25, 1999, in Geysers Power Company, LLC (Geysers the service agreement to become accordance with Standard Paragraph E Power), for acceptance by the at the end of this notice. effective on May 1, 1999. Commission. Comment date: May 24, 1999, in 7. UGI Development Company The ISO states that this filing has been accordance with Standard Paragraph E served on Geysers Power and the at the end of this notice. [Docket No. ER99–2817–000] California Public Utilities Commission. Standard Paragraphs Take notice that on May 5, 1999, UGI The ISO is requesting waiver of the Development Company tendered for 60-day notice requirement to allow the E. Any person desiring to be heard or filing an application for authorization to Meter Service Agreement to be made to protest such filing should file a sell capacity and energy at market-based effective as of April 27, 1999. motion to intervene or protest with the rates and for certain waivers of the Comment date: May 25, 1999, in Federal Energy Regulatory Commission, Commission’s filing and reporting accordance with Standard Paragraph E 888 First Street, NE, Washington, DC requirements. at the end of this notice. 20426, in accordance with Rules 211 11. Green Power Partners I LLC and 214 of the Commission’s Rules of UGI Developments requests waiver of Practice and Procedure (18 CFR 385.211 the 60-day notice requirement to permit [Docket No. ER99–2822–000] and 385.214). All such motions or UGI Development’s Rate Schedule to Take notice that on May 5, 1999, protests should be filed on or before the become effective as of June 1, 1999. Green Power Partners I LLC (Green comment date. Protests will be Comment date: May 25, 1999, in Power Partners), tendered for filing an considered by the Commission in accordance with Standard Paragraph E Application for Order Accepting Initial determining the appropriate action to be at the end of this notice. Rate Schedules and Granting Waivers taken, but will not serve to make

VerDate 06-MAY-99 18:40 May 20, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 27766 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices protestants parties to the proceeding. affiliates holding jurisdictional assets Connecticut, Massachusetts, New Any person wishing to become a party (Massachusetts Electric Company, The Hampshire, Rhode Island and Vermont. must file a motion to intervene. Copies Narragansett Electric Company, New Comment date: July 6 , 1999, in of these filings are on file with the England Electric Transmission accordance with Standard Paragraph E Commission and are available for public Corporation, New England Hydro- at the end of this notice. inspection. This filing may also be Transmission Corporation, New 3. PanEnergy Lake Charles Generation, viewed on the Internet at http:// England Hydro-Transmission Electric Inc., Panhandle Acquisition Three, Inc. www.ferc.fed.us/online/rims.htm (call Company, Inc., and AllEnergy CMS Generation Co 202–208–2222 for assistance). Marketing Company, L.L.C.) David P. Boergers, (collectively, the NEES Companies), [Docket No. EC99–71–000] Secretary. Montaup Electric Company and its Take notice that on May 6, 1999, [FR Doc. 99–12847 Filed 5–20–99; 8:45 am] affiliates holding jurisdictional assets PanEnergy Lake Charles Generation, Inc. (Blackstone Valley Electric Company, BILLING CODE 6717±01±P (PLCGI), Panhandle Acquisition Three, Eastern Edison Company, Newport Inc. (PATT) and CMS Generation Co Electric Corporation) (collectively, the (CMS Generation) tendered for filing an DEPARTMENT OF ENERGY EUA Companies), and Research Drive application under Section 203 of the LLC submitted for filing an application Federal Power Act for approval of the Federal Energy Regulatory under Section 203 of the Federal Power transfer of certain jurisdictional Commission Act (16 U.S.C. 824b) and Part 33 of the facilities associated with the sale of the Commission’s Regulations (18 CFR 33.1 [Docket No. EG99±99±000, et al.] stock of PLCGI by PATI to CMS et seq.) seeking the Commission’s Generation or an affiliate of CMS approval and related authorizations to Central Piedra Buena S.A., et al.; Generation, Trunkline Field Services effectuate a merger, the result of which Electric Rate and Corporate Regulation Company. would be to merge New England Filings Comment date: June 7, 1999, in Electric System (NEES), the parent accordance with Standard Paragraph E May 10, 1999. company of the NEES Companies, with at the end of this notice. Take notice that the following filings the Eastern Utilities Associates (EUA), 4. Kintigh Facility Trust B–2 have been made with the Commission: the parent company of the EUA Companies. Through the Merger, EUA [Docket No. EG99–129–000] 1. Central Piedra Buena S.A. will become a wholly-owned subsidiary Take notice that on May 4, 1999, [Docket No. EG99–99–000] of NEES, and will subsequently be Kintigh Facility Trust B–2 (the consolidated into NEES. In addition, the Take notice that on May 4, 1999, Applicant) filed with the Federal Energy Application seeks the Commission’s Central Piedra Buena S.A. (Applicant), Regulatory Commission an application approval and authorization for the Av. Alicia Moreau de Justo 240, 3 Piso, for determination of exempt wholesale subsequent mergers and consolidations Buenos Aires, Argentina 1107, filed generator status pursuant to Part 365 of of the complementary operating with the Federal Energy Regulatory the Commission’s Regulations. companies of the two systems that hold Commission an amended application for The Applicant is a Delaware business jurisdictional assets. Finally, the determination of exempt wholesale trust who will purchase and lease the Application requests approval, if generator status pursuant to Part 365 of Kintigh Generating Station (the Facility) required, of the acquisition by The the Commission’s regulations. The to AES Eastern Energy, L.P., who will National Grid Group plc (National Grid) amended application corrects the operate the Facility. The Facility is of the EUA Companies resulting from information as set forth in the located at 7725 Lake Road, Barker, New the proposed merger of National Grid application originally filed on March 23, and NEES, approval of which has been York 14012 and is comprised of a coal- 1999, by Applicant. sought in Docket No. EC99–49–000. fired boiler and steam turbine Comment date: June 1, 1999, in The Application states that it (I) generating unit, which provides a accordance with Standard Paragraph E includes all the information and maximum of 688 MW of generating at the end of this notice. The exhibits required by Part 33 of the capacity. Commission will limit its consideration Commission’s regulations and the Comment date: June 1, 1999, in of comments to those that concern the Commission’s Merger Policy Statement accordance with Standard Paragraph E adequacy or accuracy of the amended with respect to the Merger; (ii) at the end of this notice. The application. incorporates by reference any additional Commission will limit its consideration of comments to those concerns the 2. New England Power Company, materials required with respect to the adequacy or accuracy of the application. Massachusetts Electric Company, The acquisition by National Grid of the EUA Narragansett Electric Company, New Companies; and (iii) easily satisfies the 5. Kintigh Facility Trust C–1 criteria set forth in the Commission’s England Electric Transmission [Docket No. EG99–130–000] Corporation, New England Hydro- Merger Policy Statement. The Transmission Corporation, New Application requests that the Take notice that on May 4, 1999, England Hydro-Transmission Electric Commission grant whatever waivers or Kintigh Facility Trust C–1 (the Company, Inc., AllEnergy Marketing authorizations are needed and grant Applicant) filed with the Federal Energy Company, L.L.C., Montaup Electric approval without condition, Regulatory Commission an application Company, Blackstone Valley Electric modification or an evidentiary, trial- for determination of exempt wholesale Company, Eastern Edison Company, type hearing. The Application states generator status pursuant to part 365 of Newport Electric Corporation, and that the parties are seeking to close the the Commission’s regulations. Research Drive LLC Merger expeditiously and thus the The Applicant is a Delaware business Applicants have requested Commission trust who will purchase and lease the [Docket No. EC99–70–000] approval by July 31, 1999. Kintigh Generating Station (the Facility) Take notice that on May 5, 1999, New The Applicants have served copies of to AES Eastern Energy, L.P., who will England Power Company (NEP) and its the filing on the state commissions of operate the Facility. The Facility is

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.087 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27767 located at 7725 Lake Road, Barker, New Applicant) filed with the Federal Energy Comment date: June 1, 1999, in York 14012 and is comprised of a coal- Regulatory Commission an application accordance with Standard Paragraph E fired boiler and steam turbine for determination of exempt wholesale at the end of this notice. The generating unit, which provides a generator status pursuant to Part 365 of Commission will limit its consideration maximum of 688 MW of generating the Commission’s Regulations. of comments to those that concern the capacity. The Applicant is a Delaware business adequacy or accuracy of the application. Comment date: June 1, 1999, in trust who will purchase and lease the 11. Kintigh Facility Trust A–1 accordance with Standard Paragraph E Milliken Generating Station (the at the end of this notice. The Facility) to AES Eastern Energy, L.P., [Docket No. EG99–136–000] Commission will limit its consideration who will operate the Facility. The Take notice that on May 4, 1999, of comments to those that concern the Facility is located at 7725 Lake Road, Kintigh Facility Trust A–1 (the adequacy or accuracy of the application. Barker New York 14012 and is Applicant) filed with the Federal Energy 6. Milliken Facility Trust C–1 comprised of a coal-fired boiler and Regulatory Commission an application steam turbine generating unit, which for determination of exempt wholesale [Docket No. EG99–131–000] provides a maximum of 688 MW of generator status pursuant to Part 365 of Take notice that on May 4, 1999, generating capacity. the Commission’s Regulations. Milliken Facility Trust C–1 (the Comment date: June 1, 1999, in The Applicant is a Delaware business Applicant) filed with the Federal Energy accordance with Standard Paragraph E trust who will purchase and lease the Regulatory Commission an application at the end of this notice. The Milliken Generating Station (the for determination of exempt wholesale Commission will limit its consideration Facility) to AES Eastern Energy, L.P., generator status pursuant to Part 365 of of comments to those that concern the who will operate the Facility. The the Commission’s regulations. adequacy or accuracy of the application. Facility is located at 7725 Lake Road, The Applicant is a Delaware business 9. Milliken Facility Trust A–1 Barker New York 14012 and is trust who will purchase and lease the comprised of a coal-fired boiler and Milliken Generating Station (the [Docket No. EG99–134–000] steam turbine generating unit, which Facility) to AES Eastern Energy, L.P., Take notice that on May 4, 1999, provides a maximum of 688 MW of who will operate the Facility. The Milliken Facility Trust A–1 (the generating capacity. Facility is located at 228 Milliken Road, Applicant) filed with the Federal Energy Comment date: June 1, 1999, in Lansing, New York 14882 and is Regulatory Commission an application accordance with Standard Paragraph E comprised of two steam turbine for determination of exempt wholesale at the end of this notice. The generating units with a maximum of 306 generator status pursuant to Part 365 of Commission will limit its consideration MW of generating capacity. of comments to those that concern the Comment date: June 1, 1999, in the Commission’s Regulations. accordance with Standard Paragraph E The Applicant is a Delaware business adequacy or accuracy of the application. at the end of this notice. The trust who will purchase and lease the 12. Kintigh Facility Trust B–1 Commission will limit its consideration Milliken Generating Station (the [Docket No. EG99–137–000] of comments to those that concern the Facility) to AES Eastern Energy, L.P., adequacy or accuracy of the application. who will operate the Facility. The Take notice that on May 4, 1999, Facility is located at 228 Milliken Road, Kintigh Facility Trust B–1 (the 7. Milliken Facility Trust B–1 Lansing, New York 14882 and is Applicant) filed with the Federal Energy [Docket No. EG99–132–000] comprised of two steam turbine Regulatory Commission an application Take notice that on May 4, 1999, generating units with a maximum of 306 for determination of exempt wholesale Milliken Facility Trust B–1 (the MW of generating capacity. generator status pursuant to Part 365 of Applicant) filed with the Federal Energy Comment date: June 1, 1999, in the Commission’s Regulations. Regulatory Commission an application accordance with Standard Paragraph E The Applicant is a Delaware business for determination of exempt wholesale at the end of this notice. The trust who will purchase and lease the generator status pursuant to Part 365 of Commission will limit its consideration Kintigh Generating Station (the Facility) the Commission’s regulations. of comments to those that concern the to AES Eastern Energy, L.P., who will The Applicant is a Delaware business adequacy or accuracy of the application. operate the Facility. The Facility is located at 7725 Lake Road, Barker New trust who will purchase and lease the 10. Milliken Facility Trust C–2 Milliken Generating Station (the York 14012 and is comprised of a coal- Facility) to AES Eastern Energy, L.P., [Docket No. EG99–135–000] fired boiler and steam turbine who will operate the Facility. The Take notice that on May 4, 1999, generating unit, which provides a Facility is located at 228 Milliken Road, Milliken Facility Trust C–2 (the maximum of 688 MW of generating Lansing, New York 14882 and is Applicant) filed with the Federal Energy capacity. comprised of two steam turbine Regulatory Commission an application Comment date: June 1, 1999, in generating units with a maximum of 306 for determination of exempt wholesale accordance with Standard Paragraph E MW of generating capacity. generator status pursuant to Part 365 of at the end of this notice. The Comment date: June 1, 1999, in the Commission’s Regulations. Commission will limit its consideration accordance with Standard Paragraph E The Applicant is a Delaware business of comments to those that concern the at the end of this notice. The trust who will purchase and lease the adequacy or accuracy of the application. Commission will limit its consideration Milliken Generating Station (the 13. Kintigh Facility Trust C–2 of comments to those that concern the Facility) to AES Eastern Energy, L.P., adequacy or accuracy of the application. who will operate the Facility. The [Docket No. EG99–138–000] Facility is located at 228 Milliken Road, Take notice that on May 4, 1999, 8. Kintigh Facility Trust A–2 Lansing, New York 14882 and is Kintigh Facility Trust C–2 (the [Docket No. EG99–133–000] comprised of two steam turbine Applicant) filed with the Federal Energy Take notice that on May 4, 1999, generating units with a maximum of 306 Regulatory Commission an application Kintigh Facility Trust A–2 (the MW of generating capacity. for determination of exempt wholesale

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.088 pfrm07 PsN: 21MYN1 27768 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices generator status pursuant to Part 365 of 16. MEP Pleasant Hill, LLC subject to the Commission’s jurisdiction the Commission’s Regulations. [Docket No. EG99–141–000] under the Federal Power Act, 16 U.S.C. The Applicant is a Delaware business § 791a, et seq. trust who will purchase and lease the Take notice that on May 6, 1999, MEP Comment date: May 21, 1999, in Kintigh Generating Station (the Facility) Pleasant Hill, LLC, an indirect wholly to AES Eastern Energy, L.P., who will owned subsidiary of UtiliCorp United accordance with Standard Paragraph E operate the Facility. The Facility is Inc., tendered for filing an Application at the end of this notice. for Determination of Exempt Wholesale located at 7725 Lake Road, Barker, New 19. MDU Resources Group, Inc. York 14012 and is comprised of a coal- Generator Status under Part 365 of the fired boiler and steam turbine Commission’s Regulations. [Docket No. ES99–18–000] Comment date: June 1, 1999, in generating unit, which provides a Take notice that on April 24, 1999, maximum of 688 MW of generating accordance with Standard Paragraph E at the end of this notice. The MDU Resources Group, Inc., filed an capacity. amendment to a previous application Comment date: June 1, 1999, in Commission will limit its consideration asking for extension of the time period accordance with Standard Paragraph E of comments to those that concern the in which to exercise the authority at the end of this notice. The adequacy or accuracy of the application. Commission will limit its consideration granted to the Company in Docket No. 17. Sithe/Independence Power Partners, ES99–18–000 issued on January 27, of comments to those that concern the L.P. v. Niagara Mohawk Power Corp. adequacy or accuracy of the application. 1999. In that order the Company was [Docket No. EL99–65–000] authorized to issue promissory notes 14. Milliken Facility Trust A–2 Take notice that on May 3, 1999, and other evidences of indebtedness, [Docket No. EG99–139–000] Sithe/Independence Power Partners, from time to time, not to exceed in the Take notice that on May 4, 1999, L.P. (Sithe/Independence) tendered for aggregate the amount of $400 million Milliken Facility Trust A–2 (the filing with the Federal Energy outstanding at any one time, on or Applicant) filed with the Federal Energy Regulatory Commission a Complaint before November 11, 1999, with a final Regulatory Commission an application under Section 206 of the Federal Power maturity date no later than one year for determination of exempt wholesale Act, relating to the transmission rates, from the date of issuance. The Company generator status pursuant to Part 365 of losses and certain terms and conditions seeks authority to issue the securities up the Commission’s Regulations. under Sithe/Independence’s agreements to January 27, 2001. The Applicant is a Delaware business with Niagara Mohawk Power trust who will purchase and lease the Corporation relating to the provision of Comment date: June 1, 1999, in Milliken Generating Station (the transmission service. accordance with Standard Paragraph E Facility) to AES Eastern Energy, L.P., Comment date: June 2, 1999, in at the end of this notice. who will operate the Facility. The accordance with Standard Paragraph E Standard Paragraphs Facility is located at 228 Milliken Road, at the end of this notice. The Lansing, New York 14882 and is Commission will limit its consideration E. Any person desiring to be heard or comprised of two steam turbine of comments to those that concern the to protest such filing should file a generating units with a maximum of 306 adequacy or accuracy of the application. motion to intervene or protest with the MW of generating capacity. 18. Cleco Trading & Marketing LLC Federal Energy Regulatory Commission, Comment date: June 1, 1999, in 888 First Street, N.E., Washington, D.C. [Docket No. ER99–2300–000] accordance with Standard Paragraph E 20426, in accordance with Rules 211 at the end of this notice. The Take notice that on April 19, 1999, and 214 of the Commission’s Rules of Commission will limit its consideration Cleco Trading & Marketing LLC (Cleco Practice and Procedure (18 CFR 385.211 Trading), petitioned the Commission for of comments to those that concern the and 385.214). All such motions or acceptance of two amendments, First adequacy or accuracy of the application. protests should be filed on or before the Superseding Original Sheet No. 27, 15. Green Power Partners I LLC dated April 17, 1999, to Rate Schedule comment date. Protests will be [Docket No. EG99–140–000] No. 1 and Supplement No. 1, Original considered by the Commission in Take notice that on May 5, 1999, Sheet Nos. 1 and 2, dated April 17, determining the appropriate action to be Green Power Partners I LLC, 13000 1999, to FERC Rate Schedule No. 1, to taken, but will not serve to make Jameson Road, Tehachapi, California its Petition For Acceptance of Initial protestants parties to the proceeding. 93561, filed with the Federal Energy Rate Schedule, Waivers and Blanket Any person wishing to become a party Regulatory Commission an application Authority. The First Superseding must file a motion to intervene. Copies for determination of exempt wholesale Original Sheet No. 27 adds a new of these filings are on file with the generator status pursuant to Part 365 of section 14.14 (Reassignment of Commission and are available for public the Commission’s Regulations. Transmission Capacity) containing the inspection. This filing may also be Green Power Partners I LLC is Commission’s standard form viewed on the Internet at http:// constructing a wind turbine generation transmission capacity reassignment www.ferc.fed.us/ online/rims.htm (call facility with approximately 22 wind provision. Supplement No. 1 contains 202–208–2222 for assistance). turbines, each with a nameplate the Code of Conduct with Respect to the David P. Boergers, capacity of 750 kW, resulting in an Relationship Between Cleco Trading & Secretary. aggregate peak generating capacity of Marketing LLC and its Affiliates. [FR Doc. 99–12848 Filed 5–20–99; 8:45 am] 16.50 MW. Cleco Trading intends to engage in Comment date: June 1, 1999, in wholesale electric power and energy BILLING CODE 6717±01±P accordance with Standard Paragraph E purchases and sales as a marketer. Cleco at the end of this notice. The Trading is not in the business of Commission will limit its consideration generating or transmitting electric of comments to those that concern the power. Cleco Trading is an affiliate of adequacy or accuracy of the application. Cleco Corporation, a public utility

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DEPARTMENT OF ENERGY an exchange of stock. The Applicants the PNM/ECI netting agreement may be state that they have submitted the effective as of April 1, 1999. Federal Energy Regulatory information required by Part 33 of the Copies of the filing were served on Commission Commission’s Regulations in support of ECI and the New Mexico Public the application. The Applicants have Regulation Commission. [Docket No. ER99±2855±000, et al.] requested that the Commission approve Comment date: May 27, 1999, in Commonwealth Edison Company, et their application by September 1, 1999. accordance with Standard Paragraph E al., Electric Rate and Corporate Comment date: July 12, 1999, in at the end of this notice. accordance with Standard Paragraph E Regulation Filings 6. Consolidated Edison Company of at the end of this notice. New York, Inc. May 14, 1999. 3. Allegheny Power Service Corp., on Take notice that the following filings [Docket No. ER99–2862–000] Behalf of Monongahela Power Co., the have been made with the Commission: Potomac Edison Company, and West Take notice that on May 7, 1999, Consolidated Edison Company of New 1. Commonwealth Edison Company Penn Power Company (Allegheny Power) York, Inc. (Con Edison), tendered for [Docket No. ER99–2855–000] filing a service agreement to provide Take notice that on May 7, 1999, [Docket No. ER99–2856–000] non-firm transmission service pursuant Commonwealth Edison Company Take notice that on May 7, 1999, to its Open Access Transmission Tariff (ComEd), tendered for filing Non-Firm Allegheny Power Service Corporation to Energy New England (ENE). Service Agreements with Southwestern on behalf of Monongahela Power Con Edison states that a copy of this Public Service Company (SPS), Public Company, The Potomac Edison filing has been served by mail upon Service Co., of Colorado (PSC), and Company and West Penn Power ENE. Omaha Public Power District (OPPD), Company (Allegheny Power), tendered Comment date: May 27, 1999, in under the terms of ComEd’s Open for filing Supplement No. 54 to add El accordance with Standard Paragraph E Access Transmission Tariff (OATT). Paso Power Services Company to at the end of this notice. ComEd requests an effective date of Allegheny Power Open Access 7. Consolidated Edison Company of May 7, 1999, for the service agreements, Transmission Service Tariff which has New York, Inc. and accordingly, seeks waiver of the been accepted for filing by the Federal Commission’s notice requirements. Energy Regulatory Commission in [Docket No. ER99–2863–000] Copies of this filing were served on Docket No. ER96–58–000. Take notice that on May 7, 1999, SPS, PSC, and OPPD. The proposed effective date under the Consolidated Edison Company of New Comment date: May 27, 1999, in Service Agreement is May 6, 1999. York, Inc. (Con Edison), tendered for accordance with Standard Paragraph E Copies of the filing have been filing a service agreement to provide at the end of this notice. provided to the Public Utilities non-firm transmission service pursuant Commission of Ohio, the Pennsylvania to its Open Access Transmission Tariff 2. El Paso Energy Corporation Sonat Public Utility Commission, the to NYSEG Solutions (NYSEG). Inc. Maryland Public Service Commission, Con Edison states that a copy of this [Docket No. EC99–73–000] the Virginia State Corporation filing has been served by mail upon Take notice that on May 12, 1999, El Commission, and the West Virginia NYSEG. Paso Energy Corporation (El Paso Public Service Commission. Comment date: May 27, 1999, in Energy) and Sonat Inc. (Sonat), on Comment date: May 27, 1999, in accordance with Standard Paragraph E behalf of their respective public utility accordance with Standard Paragraph E at the end of this notice. at the end of this notice. subsidiaries, tendered for filing with the 8. ISO New England Inc. Federal Energy Regulatory Commission 4. Delmarva Power & Light Company (Commission), pursuant to Section 203 [Docket No. ER99–2864–000] of the Federal Power Act (the FPA), 16 [Docket No. ER99–2857–000] Take notice that on May 7, 1999, ISO U.S.C. § 824(b) (1994), and Part 33 of the Take notice that on May 7, 1999, New England Inc., tendered for filing Commission’s Regulations, 18 CFR Part Delmarva Power & Light Company revisions to its Tariff for Transmission 33, an application for an order (Delmarva), tendered for filing an Dispatch and Power Administration approving their merger. executed umbrella service agreement Services. El Paso Energy is an energy holding with DTE Energy Trading, Inc., under Copies of said filing have been served company whose operations include Delmarva’s market rate sales tariff. upon all parties to this proceeding, interstate and intrastate transportation Delmarva requests an effective date of upon NEPOOL Participants and upon and storage of natural gas; gathering and May 7, 1999. all non-Participant entities that are processing natural gas; independent Comment date: May 27, 1999, in customers under the NEPOOL Open power generation; the marketing of accordance with Standard Paragraph E Access Transmission Tariff, as well as natural gas, power and other at the end of this notice. upon the utility regulatory agencies of the six New England States. commodities; and the development of 5. Public Service Company of New Comment date: May 27, 1999, in energy infrastructure facilities Mexico worldwide. Sonat is an energy holding accordance with Standard Paragraph E company whose operations include the [Docket No. ER99–2861–000] at the end of this notice. transmission gathering, and storage of Take notice that on May 7, 1999, 9. Commonwealth Edison Company natural gas; domestic oil and gas Public Service Company of New Mexico exploration and production; (PNM), tendered for filing a net-out [Docket No. ER99–2866–000] independent power generation; and the agreement between PNM and Electric Take notice that on May 7, 1999, marketing of natural gas and power. Clearinghouse, Inc. (ECI) PNM Commonwealth Edison Company Pursuant to a merger agreement, Sonat requested waiver of the Commission’s (ComEd), tendered for filing service will merge into El Paso Energy through notice requirement so that service under agreements establishing PP&L

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EnergyPlus Co. (EPLUS), and Omaha (ComEd), tendered for filing a Service concerning the provision of electric Public Power District (OPPD), as Agreement, establishing Merrill Lynch service to Illinois Valley Electric customers under ComEd’s FERC Electric Capital Services, Inc. (MLCS), as a Cooperative, Inc., as a long-term service Market Based-Rate Schedule for power customer under the terms of ComEd’s agreement under its Market Rate Tariff. sales. Power Sales and Reassignment of Comment date: May 27, 1999, in ComEd requests an effective date of Transmission Rights Tariff PSRT–1 accordance with Standard Paragraph E May 7, 1999, for the Service (PSRT–1 Tariff). The Commission has at the end of this notice. Agreements, and accordingly, seeks previously designated the PSRT–1 Tariff 16. The Detroit Edison Company waiver of the Commission’s notice as FERC Electric Tariff, First Revised requirements. Volume No. 2. [Docket No. ER99–2871–000] Copies of the filing were served on ComEd requests an effective date of Take notice that on May 7, 1999, The EPLUS and OPPD. May 7, 1999, and accordingly seeks Detroit Edison Company (Detroit Comment date: May 27, 1999, in waiver of the Commission’s notice Edison), tendered for filing Service accordance with Standard Paragraph E requirements. Agreements (the Service Agreement) for at the end of this notice. Copies of this filing were served upon Short Term Firm Point-to-Point 10. Consolidated Edison Company Of MLCS. Transmission Service under the Open New York, Inc. Comment date: May 27, 1999, in Access Transmission Tariff and also the accordance with Standard Paragraph E Joint Open Access Transmission Tariff [Docket No. ER99–2865–000] at the end of this notice. of Detroit Edison, FERC Electric Tariff Take notice that on May 7, 1999, No. 1, between Detroit Edison and Duke Consolidated Edison Company of New 13. California Independent System Operator Corporation Power, a division of Duke Energy York, Inc. (Con Edison), tendered for Corporation, dated as of April 22, 1999. filing a service agreement to provide [Docket No. ER99–2868–000] The parties have not engaged in any non-firm transmission service pursuant Take notice that on May 7, 1999, the transactions under the Service to its Open Access Transmission Tariff California Independent System Operator Agreement prior to thirty days to this to Cargill-Alliant (CA). Corporation tendered for filing notice filing. Con Edison states that a copy of this that effective July 1, 1999, the Meter Detroit Edison requests that the filing has been served by mail upon CA. Comment date: May 27, 1999, in Service Agreement for Scheduling Service Agreement be made effective as accordance with Standard Paragraph E Coordinators between and Duke Energy rate schedules as of May 24, 1999. at the end of this notice. Trading and Marketing, L.L.C., effective Comment date: May 27, 1999, in date April 1, 1998, and filed with the accordance with Standard Paragraph E 11. Allegheny Power Service Corp., on Federal Energy Regulatory Commission at the end of this notice. behalf of Monongahela Power Co., The by the California Independent System 17. The Detroit Edison Company Potomac Edison Company and West Operator Corporation is to be canceled. Penn Power Company (Allegheny Notice of the proposed cancellation [Docket No. ER99–2873–000] Power) has been served upon Duke Energy Take notice that on May 7, 1999, The [Docket No. ER99–2860–000] Trading and Marketing, L.L.C., and the Detroit Edison Company (Detroit Take notice that on May 7, 1999, California Public Utilities Commission. Edison), tendered for filing Service Allegheny Power Service Corporation Comment date: May 27, 1999, in Agreements (the Service Agreement) for on behalf of Monongahela Power accordance with Standard Paragraph E Short Term Firm and Non-Firm Point- Company, The Potomac Edison at the end of this notice. to-Point Transmission Service under the Company and West Penn Power 14. Peco Energy Company Open Access Transmission Tariff and Company (Allegheny Power) filed also the Joint Open Access [Docket No. ER99–2869–000] Supplement No. 22 to add one (1) new Transmission Tariff of Detroit Edison, Customer to the Market Rate Tariff Take notice that on May 7, 1999, FERC Electric Tariff No. 1, between under which Allegheny Power offers PECO Energy Company (PECO) Detroit Edison and Merchant Energy generation services. tendered for filing under Section 205 of Group of the Americas (MEGA) dated as Allegheny Power requests a waiver of the Federal Power Act, 16 U.S.C. S 792 of October 15, 1998. The parties have notice requirements to make service et seq., an Agreement dated September not engaged in any transactions under available as of May 6, 1999, to New 29, 1998 with CL Power Sales Seven, the Service Agreements prior to thirty Energy Partners, L.L.C. L.L.C. (CL SEVEN) under PECO’s FERC days to this filing. Copies of the filing have been Electric Tariff Original Volume No. 1 Detroit Edison requests that the provided to the Public Utilities (Tariff). Service Agreements be made effective as Commission of Ohio, the Pennsylvania PECO requests an effective date of rate schedules as of May 21, 1999. Public Utility Commission, the July 1, 1999, for the Agreement. Comment date: May 27, 1999, in Maryland Public Service Commission, PECO states that copies of this filing accordance with Standard Paragraph E the Virginia State Corporation have been supplied to CL SEVEN and to at the end of this notice. the Pennsylvania Public Utility Commission, the West Virginia Public 18. Illinois Power Company Service Commission, and all parties of Commission. record. Comment date: May 27, 1999, in [Docket No. ER99–2874–000] Comment date: May 27, 1999, in accordance with Standard Paragraph E Take notice that on May 7, 1999, accordance with Standard Paragraph E at the end of this notice. Illinois Power Company (Illinois at the end of this notice. 15. Illinois Power Company Power), 500 South 27th Street, Decatur, Illinois 62526, tendered for filing firm 12. Commonwealth Edison Company [Docket No. ER99–2870–000] transmission agreements under which [Docket No. ER99–2867–000] Take notice that on May 7, 1999, Granite City Steel Corporation will take Take notice that on May 7, 1999, Illinois Power Company (Illinois transmission service pursuant to its Commonwealth Edison Company Power), tendered for filing an agreement open access transmission tariff. The

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.092 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27771 agreements are based on the Form of Cincinnati Gas & Electric Company and Comment date: May 28, 1999, in Service Agreement in Illinois Power’s PSI Energy, Inc., tendered for filing in accordance with Standard Paragraph E tariff. accordance with 18 CFR Part 35 of the at the end of this notice. Illinois Power has requested an Commission’s Rules and Regulations, a 25. Pacific Gas and Electric Company effective date of May 1, 1999. Notice of Filing of its Mutual Netting/ Comment date: May 27, 1999, in Closeout Agreements between Cinergy [Docket No. ER99–2884–000] accordance with Standard Paragraph E Services and the following entities: Take notice that on May 10, 1999, at the end of this notice. AYP Energy, Inc. Pacific Gas and Electric Company 19. Illinois Power Company Aquila Energy Marketing Corporation (PG&E) tendered for filing a request to CNG Power Services Corporation continue passing through to existing [Docket No. ER99–2875–000] ConAgra Energy Services, Inc. wholesale customers the ISO GMC Take notice that on May 7, 1999, Constellation Power Source, Inc. approved by the Commission for Illinois Power Company (Illinois Coral Power LLC collection as of July 1, 1999. The ISO on Power), 500 South 27th Street, Decatur, Eastern Power Distribution, Inc. April 30, 1999 tendered for filing a Illinois 62526, tendered for filing firm Engage Energy US, L.P. section 205 request for approval of the Enron Power Marketing, Inc. transmission agreements under which Enserch Energy Services, Inc. Grid Management Charge rate formula Mitsubishi Motor Manufacturing of LG&E Energy Marketing Inc. and assessment provisions and America, Inc. will take transmission Nipsco Energy Services, Inc. requested that the Commission permit service pursuant to its open access Northern Indiana Public Service Company the proposed Tariff changes to go into transmission tariff. The agreements are NorAm Energy Services, Inc. effect on July 1, 1999. based on the Form of Service Agreement QST Energy Trading, Inc. This filing seeks to keep PG&E’s Pass- in Illinois Power’s tariff. Southern Energy Trading and Marketing, Inc. Through rate and tariff in conformity Illinois Power has requested an Tractebel Energy Marketing, Inc. with the ISO GMC rate and tariff. This effective date of May 1, 1999. Williams Energy Services Company filing is part of the comprehensive Comment date: May 27, 1999, in Copies of this filing were served upon restructuring proposal for the California accordance with Standard Paragraph E all parties above. electric power industry that is before the at the end of this notice. Comment date: May 28, 1999, in Federal Energy Regulatory Commission. accordance with Standard Paragraph E Copies of this filing have been served 20. Illinois Power Company at the end of this notice. upon the California Public Utilities [Docket No. ER99–2876–000] Commission and all other parties on the 23. Front Range Energy Associates Service List to this proceeding. Take notice that on May 10, 1999, L.L.C. Illinois Power Company (Illinois Comment date: May 28, 1999, in Power), 500 South 27th Street, Decatur, [Docket No. ER99–2879–000] accordance with Standard Paragraph E Illinois 62526, tendered for filing Take notice that on May 7, 1999, at the end of this notice. updated specification pages to the Front Range Energy Associates, L.L.C. 26. Maine Public Service Company existing Network Service Agreement (Front Range), tendered for filing under which Cinergy Services, Inc., will pursuant to Rule 205 of the [Docket No. ER99–2885–000] take transmission service pursuant to its Commission’s Rules of Practice and Take notice that on May 10, 1999, open access transmission tariff. The Procedure, 18 CFR 385.205, an Maine Public Service Company (Maine agreements are based on the Form of application for waivers and blanket Public), tendered for filing an executed Service Agreement in Illinois Power’s approvals under various regulations of Service Agreement for non-firm point- tariff. the Commission, approval of a power to-point transmission service under Illinois Power has requested an sales agreement and for an order Maine Public’s open access effective date of April 10, 1999. accepting its proposed power sales tariff transmission tariff with DukeSolutions, Comment date: May 28, 1999, in for the sale of energy and capacity at Inc. accordance with Standard Paragraph E market-bases rates. Comment date: May 28, 1999, in at the end of this notice. Front Range seeks an effective date of accordance with Standard Paragraph E at the end of this notice. 21. Minnesota Power, Inc. July 6, 1999, for this filing. Comment date: May 27, 1999, in 27. Maine Public Service Company [Docket No. ER99–2877–000] accordance with Standard Paragraph E Take notice that on May 10, 1999, at the end of this notice. [Docket No. ER99–2886–000] Minnesota Power, Inc., tendered for Take notice that on May 10, 1999, 24. Old Mill Power Company Docket filing a signed Service Agreement with Maine Public Service Company (Maine Northern Indiana Public Service [Docket No. ER99–2883–000] Public), tendered for filing an executed Company, under its market-based Take notice that on May 10, 1999, Old Service Agreement for firm point-to- Wholesale Coordination Sales Tariff Mill Power Company (Old Mill), point transmission service under Maine (WCS–2) to satisfy its filing petitioned the Commission for Public’s open access transmission tariff requirements under this tariff. acceptance of Old Mill Rate Schedule with DukeSolutions, Inc. Comment date: May 28, 1999, in FERC No. 1; the granting of certain Comment date: May 28, 1999, in accordance with Standard Paragraph E blanket approvals, including the accordance with Standard Paragraph E at the end of this notice. authority to sell electricity at market- at the end of this notice. 22. Cinergy Services, Inc. based rates; and the waiver of certain 28. Arizona Public Service Company Commission regulations. [Docket No. ER99–2878–000] Old Mill intends to engage in [Docket No. ER99–2887–000] Take notice that on May 10, 1999, wholesale electric power and energy Take notice that on May 10, 1999, Cinergy Services, Inc. (Cinergy purchases and sales as a marketer. Old Arizona Public Service Company (APS), Services), as agent for and on behalf of Mill is not in the business of generating tendered for filing umbrella Service its Operating Companies, The or transmitting electric power. Agreement to provide short-term Non-

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Firm Point-to-Point Transmission 31. Wisvest-Connecticut, L.L.C. 888 First Street, N.E., Washington, D.C. Service to El Paso Power Services [Docket No. ER99–2890–000] 20426, in accordance with Rules 211 Company under APS’ Open Access and 214 of the Commission’s Rules of Take notice that on May 10, 1999, Transmission Tariff. Practice and Procedure (18 CFR 385.211 Wisvest-Connecticut, L.L.C. (Wisvest- A copy of this filing has been served and 385.214). All such motions or Connecticut), tendered for filing an El Paso Power Services Company and protests should be filed on or before the executed long-term service agreement the Arizona Corporation Commission. comment date. Protests will be with Littleton Electric Light Comment date: May 28, 1999, in considered by the Commission in Department. accordance with Standard Paragraph E determining the appropriate action to be Comment date: May 28, 1999, in at the end of this notice. taken, but will not serve to make accordance with Standard Paragraph E protestants parties to the proceeding. 29. American Electric Power Service at the end of this notice. Any person wishing to become a party Corporation 32. Wisvest-Connecticut, L.L.C. must file a motion to intervene. Copies [Docket No. ER99–2888–000] [Docket No. ER99–2891–000] of these filings are on file with the Commission and are available for public Take notice that on May 10, 1999, the Take notice that on May 10, 1999, inspection. This filing may also be American Electric Power Service Wisvest-Connecticut, L.L.C. (Wisvest- viewed on the Internet at http:// Corporation (AEPSC), tendered for filing Connecticut), tendered for filing an www.ferc.fed.us/ online/rims.htm (call service agreements by the AEP amendment to a power supply 202–208–2222 for assistance). Companies under the Wholesale Market agreement with The United Illuminating Tariff of the AEP Operating Companies Company which the Commission David P. Boergers, (Power Sales Tariff). The Power Sales previously accepted for filing on Secretary. Tariff was accepted for filing effective February 26, 1999. The United [FR Doc. 99–12849 Filed 5–20–99; 8:45 am] October 10, 1997 and has been Illuminating Company, 86 FERC BILLING CODE 6717±01±P designated AEP Operating Companies’ ¶ 61,197 (1999). The amendment revises FERC Electric Tariff Original Volume the definition of Retained Assets in the No. 5. filed agreement. DEPARTMENT OF ENERGY AEPSC respectfully requests waiver of Comment date: May 28, 1999, in notice to permit these service agreement accordance with Standard Paragraph E Federal Energy Regulatory to be made effective for on or after April at the end of this notice. Commission 10, 1999. A copy of the filing was served upon 33. Denver City Associates, L.P. [Docket No. ER95±1240±003, et al.] the Parties and the State Utility [Docket No. ER99–2896–000] Regulatory Commissions of Indiana, Take notice that on May 10, 1999, PacifiCorp, et al.; Electric Rate and Kentucky, Michigan, Ohio, Tennessee, Denver City Associates, L.P., tendered Corporate Regulation Filings Virginia and West Virginia. for filing the first amendment to its May 11, 1999. Comment date: May 28, 1999, in Power Purchase Agreement with Golden Take notice that the following filings accordance with Standard Paragraph E Spread Electric Cooperative, Inc. at the end of this notice. Comment date: May 28, 1999, in have been made with the Commission: 30. Wisconsin Electric Power Company accordance with Standard Paragraph E 1. PacifiCorp at the end of this notice. [Docket No. ER99–2889–000] [Docket No. ER95–1240–003] Take notice that on May 10, 1999, 34. Salt River Project Agricultural Take notice that on May 4 1999, Wisconsin Electric Power Company Improvement and Power District PacifiCorp, tendered for filing in (Wisconsin Electric), tendered for filing [Docket No. NJ99–3–000] accordance with 18 CFR 35 of the a Long Term Firm Transmission Service Take notice that on May 10, 1999, the Commission’s Rules and Regulations Agreement between itself and (Alliant). Salt River Project Agricultural and the Commission’s Order under The Transmission Service Agreement Improvement and Power District (SRP), FERC Docket No. ER95–1240–000, dated allows Alliant to receive seven a non-public utility operating in April 21, 1999, an amended refund megawatts of firm transmission service Arizona submitted for filing revisions to report. under Wisconsin Energy Corporation its voluntary Open Access Transmission Copies of this filing were supplied to Operating Companies FERC Electric Tariff (OATT), and a request for a the Washington Utilities and Tariff, Volume No. 1. The term is four declaratory order which would find that Transportation Commission and the years and ten months. SRP’s OATT continues to meet the Public Utility Commission of Oregon. Wisconsin Electric requests an Federal Energy Regulatory Comment date: May 24, 1999, in effective date of July 1, 1999 and partial Commission’s (Commission) accordance with Standard Paragraph E waiver of the Commission’s notice comparability standards and is therefore at the end of this notice. requirements in order to allow Alliant to an acceptable reciprocity tariff pursuant purchase the renewable energy from to the provisions of Order No. 888, et 2. Duke Energy Moss Landing, LLC Minergy Corporation (Minergy) in seq. [Docket No. ER98–2668–000] accordance with the terms arranged by Comment date: June 10, 1999, in those parties. accordance with Standard Paragraph E Take notice that on May 3, 1999, Duke Copies of the filing have been served at the end of this notice. Energy Moss Landing, LLC, tendered for on Alliant, Minergy, the Public Service filing an addendum to its April 30, Commission of Wisconsin and the Standard Paragraphs 1999, filing in the above referenced Michigan Public Service Commission. E. Any person desiring to be heard or docket. Comment date: May 28, 1999, in to protest such filing should file a Comment date: May 21, 1999, in accordance with Standard Paragraph E motion to intervene or protest with the accordance with Standard Paragraph E at the end of this notice. Federal Energy Regulatory Commission, at the end of this notice.

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3. Monmouth Energy, Inc. Company of Oklahoma, and Volume No. 5, by which SDG&E obtains [Docket No. ER99–1293–001] Southwestern Electric Power Company wholesale distribution service under (collectively, the CSW Operating SDG&E’s Open Access Distribution Take notice that on May 4, 1999, Companies) tendered for filing: (1) an Tariff (the OADT) for its combustion Monmouth Energy, Inc., tendered for amendment to the unexecuted Network turbines. filing its amended refund report in Operating Agreement (NOA) between SDG&E requests that these notices of accordance with Commission Staff the CSW Operating Companies and cancellation be made effective on the inquiry. Comment date: May 24, 1999, in Northeast Texas Electric Cooperative, date as of which completion of the accordance with Standard Paragraph E Inc. (NTEC); and (2) an amendment to transfer of title from SDG&E to Cabrillo at the end of this notice. the unexecuted NOA between the CSW Power II LLC (Cabrillo Power II)—the Operating Companies and East Texas purchaser and new owner of these 4. New England Power Pool Electric Cooperative, Inc., (ETEC). The combustion turbines—takes place. The [Docket No. ER99–2707–000] originally filed unexecuted NOAs closing of this transfer of title currently between the CSW Operating Companies is anticipated to occur on or about May Take notice that on April 30, 1999, ad NTEC and ETEC have been set for 14, 1999. the New England Power Pool Executive hearing in Docket Nos. ER99–1659–000 Copies of this filing have been served Committee tendered for filing a and ER99–1660–000 (consolidated). See upon the California Public Utilities signature page to the New England Central Power and Light Co., et al., 87 Commission and Cabrillo Power II. Power Pool (NEPOOL) Agreement dated FERC ¶ 61,001 (1999). Comment date: May 21, 1999, in September 1, 1971, as amended, signed The amendments propose a new NOA accordance with Standard Paragraph E by Penobscot Hydro, LLC (Penobscot). Section 3.2. This provision specifies at the end of this notice. The NEPOOL Agreement has been certain circumstances under which a designated NEPOOL FPC No. 2. 9. San Diego Gas & Electric Company The Executive Committee states that network customer’s network load may [Docket No. ER99–2790–000] the Commission’s acceptance of be curtailed. Penobscot’s signature page would The CSW Operating Companies Take notice that on May 3, 1999, San permit NEPOOL to expand its request an effective date of July 2, 1999. Diego Gas & Electric Company (SDG&E), membership to include Penobscot. The CSW Operating Companies state tendered for filing executed Service NEPOOL further states that the filed that a copy of this filing has been served Agreements between SDG&E and signature page does not change the on each person listed on the official Cabrillo Power II LLC (Cabrillo Power II) NEPOOL Agreement in any manner, service list in Docket Nos. ER99–1659– for service under SDG&E Open Access other than to make Penobscot a member 000 and ER99–1660–000 (consolidated). Distribution Tariff (OATD). SDG&E in NEPOOL. Comment date: May 21, 1999, in states that it tenders the Service NEPOOL requests an effective date of accordance with Standard Paragraph E Agreements to assure that service under May 1, 1999, for commencement of at the end of this notice. the OATD is available to Cabrillo Power participation in NEPOOL by Penobscot. 7. Pacific Gas and Electric Company II by the date on which Cabrillo Power Comment date: May 20, 1999, in takes title to SDG&E’s combustion accordance with Standard Paragraph E [Docket No. ER99–2780–000] turbines located in SDG&E’s service at the end of this notice. Take notice that on May 3, 1999, area, currently anticipated to occur on Pacific Gas and Electric Company May 14, 1999. 5. Duke Energy Trading and Marketing, (PG&E), tendered for filing as a Copies of this filing have been served L.L.C. supplement to PG&E Rate Schedule upon the California Public Utilities [Docket No. ER99–2774–000] FERC No. 85, the Interconnection Commission and Cabrillo Power II. Take notice that on May 3, 1999, Duke Agreement between PG&E and the City Comment date: May 21, 1999, in Energy Trading and Marketing, L.L.C. of Santa Clara, California (City or Santa accordance with Standard Paragraph E (DETM), tendered for filing a Notice of Clara), a Letter Agreement between at the end of this notice. PG&E and Santa Clara retroactively Succession with the Federal Energy 10. Ogden Martin Systems of Union, adjusting the demand rates for the City Regulatory Commission indicating that Inc. the name of NP Energy Inc., has been for 1995 and 1996. The filing also changed to Duke Energy Trading and includes a 1995 decision by the [Docket No. ER99–2791–000] Marketing, L.L.C., effective March 31, California Public Utilities Commission Take notice that on May 4, 1999, 1999. In accordance with Sections 35.16 (CPUC), Decision No. 95–05–043, and a Ogden Martin Systems of Union, Inc., and 131.51 of the Commission’s calculation of the Diablo Canyon tendered for filing with the Commission regulations, 18 CFR 35.16, 131.51, Demand True-Up plus interest for the (1) the Power Purchase and DETM adopted and ratified all years 1995 and 1996. Interconnection Agreement dated April applicable rate schedules filed with the Copies of this filing were served upon 11, 1990 between Union County FERC by NP Energy Inc. City and the CPUC. Utilities Authority (UCUA) and Public Comment date: May 24, 1999, in Comment date: May 21, 1999, in Service Electric and Gas Company accordance with Standard Paragraph E accordance with Standard Paragraph E (PSE&G); (2) an Amendment to the at the end of this notice. at the end of this notice. Power Purchase and Interconnection Agreement dated May 28, 1998 between 6. Central Power and Light Company, 8. San Diego Gas & Electric Company UCUA and PSE&G; and (3) an West Texas Utilities Company, Public [Docket No. ER99–2789–000] Assignment and Assumption of Power Service Company of Oklahoma and Take notice that on May 3, 1999, San Purchase and Interconnection Southwestern Electric Power Company Diego Gas & Electric Company (SDG&E), Agreement dated July 22, 1998, between [Docket No. ER99–2779–000] tendered for filing a Notice of UCUA and Ogden Union. Take notice that on May 3, 1999, Cancellation of Service Agreement Nos. Comment date: May 24, 1999, in Central Power and Light Company, West 1 though 7, including Supplement No. accordance with Standard Paragraph E Texas Utilities Company, Public Service 1 of FERC Electric Tariff Original at the end of this notice.

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11. Archer Daniels Midland under Great Bay’s revised Tariff for Comment date: May 24, 1999, in [Docket No. ER99–2792–000] Short Term Sales. This Tariff was accordance with Standard Paragraph E accepted for filing by the Commission at the end of this notice. Take notice that on May 4, 1999, on July 24, 1998, in Docket No. ER98– 17. Maine Electric Power Company Inc. Archer Daniels Midland (ADM), of 3470–000. Decatur, Illinois tendered for filing with The service agreement is proposed to [Docket No. ER99–2800–000] the Commission a Power Purchase be effective April 30, 1999. Take notice that on May 4, 1999, Agreement with Central Illinois Light Comment date: May 24, 1999, in Maine Electric Power Company, Inc. Company, under which ADM would sell accordance with Standard Paragraph E (MEPCO), tendered for filing a service energy to CILCO at market-based rates. at the end of this notice. ADM requested an effective date of agreement for Non-Firm Point-to-Point June 1, 1999. 15. Alliant Energy Corporate Services, transmission service entered into with Copies of the filing were served on the Inc. Florida Power & Light Company affected customer and the Illinois (FPLEMT). Service will be provided [Docket No. ER99–2797–000] pursuant to MEPCO’s Open Access Commerce Commission. Take notice that on May 4, 1999, Comment date: May 24, 1999, in Transmission Tariff, designated rate Alliant Energy Corporate Services, Inc., schedule MEPCO—FERC Electric Tariff, accordance with Standard Paragraph E tendered for filing an executed Service at the end of this notice. Original Volume No. 1, as Agreement for short-term firm point-to- supplemented. 12. Central Maine Power Company point transmission service, establishing MEPCO respectfully requests that the The Energy Authority, Inc., as a point- [Docket No. ER99–2793–000] Commission accept this Service to-point Transmission Customer under Take notice that on May 4, 1999, Agreement for filing and requests the terms of the Alliant Energy waiver of the Commission’s notice Central Maine Power Company (CMP), Corporate Services, Inc., transmission tendered for filing a service agreement requirements to permit service under tariff. the agreement to begin effective as of for Non-Firm Point-to-Point Alliant Energy Corporate Services, Transmission service entered into with May 4, 1999. Inc., requests an effective date of April Comment date: May 24, 1999, in HQ Energy Services (U.S.) Inc. Service 26, 1999, and accordingly, seeks waiver will be provided pursuant to CMP’s accordance with Standard Paragraph E of the Commission’s notice at the end of this notice. Open Access Transmission Tariff, requirements. designated rate schedule CMP—FERC A copy of this filing has been served 18. Maine Electric Power Company Inc. Electric Tariff, Original Volume No. 3, upon the Illinois Commerce [Docket No. ER99–2801–000] as supplemented. Commission, the Minnesota Public Take notice that on May 4, 1999, Comment date: May 24, 1999, in Utilities Commission, the Iowa Maine Electric Power Company, Inc. accordance with Standard Paragraph E Department of Commerce, and the (MEPCO), tendered for filing a service at the end of this notice. Public Service Commission of agreement for Umbrella Non-Firm Point- 13. Pacific Gas and Electric Company Wisconsin. Comment date: May 24, 1999, in to-Point transmission service entered [Docket No. ER99–2794–000] accordance with Standard Paragraph E into with Constellation Power Source, Take notice that on May 4, 1999, at the end of this notice. Inc. Service will be provided pursuant Pacific Gas and Electric Company to MEPCO’s Open Access Transmission (PG&E), tendered for filing Amendment 16. Sierra Pacific Power Company Tariff, designated rate schedule No. 1 to the Interim Short Term [Docket No. ER99–2798–000] MEPCO—FERC Electric Tariff, Original Coordination Agreement between the Take notice that on May 4, 1999, Volume No. 1, as supplemented. Sacramento Municipal Utility District Sierra Pacific Power Company (Sierra), Comment date: May 24, 1999, in (SMUD) and PG&E (Agreement). tendered for filing Service Agreements accordance with Standard Paragraph E Amendment No. 1, modifies certain (Service Agreements) with Energy at the end of this notice. terms and provisions of the Agreement Transfer Group, L.L.C., for both Short- 19. Maine Electric Power Company Inc. and extends its term. The filing does not Term Firm and Non-Firm Point-to-Point [Docket No. ER99–2802–000] modify any rate levels. Transmission Service under Sierra’s The Agreement and its appendices Open Access Transmission Tariff Take notice that on May 4, 1999, were originally accepted for filing by the (Tariff). Maine Electric Power Company, Inc. Commission in FERC Docket No. ER98– Sierra filed the executed Service (MEPCO), tendered for filing a service 4067–000 and designated as PG&E Rate Agreements with the Commission in agreement for Short-Term Firm Point-to- Schedule FERC No. 201. compliance with Sections 13.4 and 14.4 Point transmission service entered into Copies of this filing were served upon of the Tariff and applicable Commission with Constellation Power Source, Inc. SMUD, the California Independent regulations. Sierra also submitted Service will be provided pursuant to System Operator and the California revised Sheet No. 148 (Attachment E) to MEPCO’s Open Access Transmission Public Utilities Commission. the Tariff, which is an updated list of all Tariff, designated rate schedule Comment date: May 24, 1999, in current subscribers. MEPCO—FERC Electric Tariff, Original accordance with Standard Paragraph E Sierra requests waiver of the Volume No. 1, as supplemented. at the end of this notice. Commission’s notice requirements to Comment date: May 24, 1999, in accordance with Standard Paragraph E 14. Great Bay Power Corporation permit and effective date of May 5, 1999, for Attachment E, and to allow the at the end of this notice. [Docket No. ER99–2796–000] Service Agreements to become effective 20. Montaup Electric Company Take notice that on May 4, 1999, according to their terms. Great Bay Power Corporation (Great Copies of this filing were served upon [Docket No. ER99–2804–000] Bay), tendered for filing a service the Public Service Commission of Take notice that on May 4, 1999, agreement between Cinergy Capital & Nevada, the Public Utilities Commission Montaup Electric Company (Montaup), Trading, Inc., and Great Bay for service of California and all interested parties. tendered for filing an executed service

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.025 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27775 agreements under Montaup’s market- concludes that EPMI’s affiliation with relied upon in approving the market- based power sales tariff, FERC Electric these facilities does not alter the based pricing for Lake Benton, LLC. Tariff, Original Volume No. 8, between characteristics that the Commission Comment date: May 5, 1999, in Montaup and the following companies: relied upon in approving the market- accordance with Standard Paragraph E Baltimore Gas & Electric Co. (BG&E) based pricing for EPMI. at the end of this notice. Comment date: May 24, 1999, in DukeSolutions, Inc. (DukeSolutions) 27. Louisville Gas and Electric Co., accordance with Standard Paragraph E Enserch Energy Services, Inc. (EESI) Kentucky Utilities Company FPL Energy Power Marketing, Inc. (FPL at the end of this notice. EPMI) [Docket No. ER99–2811–000] 24. Enron Energy Services, Inc. Comment date: May 24, 1999, in Take notice that on May 4, 1999, accordance with Standard Paragraph E [Docket No. ER99–2808–000] Louisville Gas and Electric Company/ at the end of this notice. Take notice that on May 4, 1999, in Kentucky Utilities (LG&E/KU), tendered compliance with the Commission’s for filing an executed Service 21. Storm Lake Power Partners I LLC orders approving its market-based rate Agreement for Firm Point-To-Point [Docket No. ER99–2805–000] schedule, 81 FERC ¶ 61,267 (1997), and Transmission Service between LG&E/ Take notice that on May 4, 1999, in 84 FERC ¶ 61,214, Enron Energy KU and FirstEnergy Corp., under LG&E/ compliance with the Commission’s Services, Inc. (EES), tendered for filing KU’s Open Access Transmission Tariff. orders approving its market-based rate a Notification of Change in Status. The Comment date: May 24, 1999, in schedule, 80 FERC ¶ 61,051 (1997) and EES filing describes the generation accordance with Standard Paragraph E Unreported Letter Order in Docket No. facilities of new affiliates of EES and at the end of this notice. concludes that EES’s affiliation with ER98–4643–000, dated November 10, 28. Louisville Gas and Electric Co. and these facilities does not alter the 1998, Storm Lake Power Partners I LLC, Kentucky Utilities Company (Storm Lake I), tendered for filing a characteristics that the Commission Notification of Change in Status. The relied upon in approving the market- [Docket No. ER99–2812–000] Storm Lake I filing describes the based pricing for EES. Take notice that on May 4, 1999, generation facilities of new affiliates of Comment date: May 24, 1999, in Louisville Gas and Electric Company/ Storm Lake I and concludes that Storm accordance with Standard Paragraph E Kentucky Utilities (LG&E/KU), tendered Lake I’s affiliation with these facilities at the end of this notice. for filing an executed Service does not alter the characteristics that the 25. Clinton Energy Management Agreement for Non-Firm Point-To-Point Commission relied upon in approving Services, Inc. Transmission Service between LG&E/ the market-based pricing for Storm Lake KU and DukeSolutions, Inc., under I. [Docket No. ER99–2809–000] LG&E/KU’s Open Access Transmission Comment date: May 24, 1999, in Take notice that on May 4, 1999, in Tariff. accordance with Standard Paragraph E compliance with the Commission’s Comment date: May 24, 1999, in at the end of this notice. order approving its market-based rate accordance with Standard Paragraph E schedule, 84 FERC ¶ 61,214 (1998), at the end of this notice. 22. Storm Lake Power Partners II, LLC Clinton Energy Management Services, [Docket No. ER99–2806–000] Inc. (Clinton Energy), tendered for filing 29. Louisville Gas and Electric Co. and Kentucky Utilities Company Take notice that on May 4, 1999, in a Notification of Change in Status. The compliance with the Commission’s Clinton Energy filing describes the [Docket No. ER99–2813–000] order approving its market-based rate generation facilities of new affiliates of Take notice that on May 4, 1999, schedule, 81 FERC ¶ 61,058 (1997), Clinton Energy and concludes that Louisville Gas and Electric Company/ Storm Lake Power Partners II, LLC Clinton Energy’s affiliation with these Kentucky Utilities (LG&E/KU), tendered (Storm Lake II), tendered for filing a facilities does not alter the for filing an executed Service Notification of Change in Status. The characteristics that the Commission Agreement for Firm Point-To-Point Storm Lake II filing describes the relied upon in approving the market- Transmission Service between LG&E/ generation facilities of new affiliates of based pricing for Clinton Energy. KU and DukeSolutions, Inc., under Storm Lake II and concludes that Storm Comment date: May 24, 1999, in LG&E/KU’s Open Access Transmission Lake II’s affiliation with these facilities accordance with Standard Paragraph E Tariff. does not alter the characteristics that the at the end of this notice. Comment date: May 24, 1999, in Commission relied upon in approving 26. Lake Benton Power Partners, LLC accordance with Standard Paragraph E the market-based pricing for Storm Lake at the end of this notice. II. [Docket No. ER99–2810–000] Comment date: May 24, 1999, in Take notice that on May 4, 1999, in Standard Paragraphs accordance with Standard Paragraph E compliance with the Commission’s E. Any person desiring to be heard or at the end of this notice. orders approving its market-based rate to protest such filing should file a 23. Enron Power Marketing, Inc. schedule, 80 FERC ¶ 61,051 (1997) and motion to intervene or protest with the Unreported Letter Order in Docket No. Federal Energy Regulatory Commission, [Docket No. ER99–2807–000] ER98–4643–000, dated November 10, 888 First Street, N.E., Washington, D.C. Take notice that on May 4, 1999, in 1998, Lake Benton Power Partners, LLC, 20426, in accordance with Rules 211 compliance with the Commission’s (Lake Benton, LLC) tendered for filing a and 214 of the Commission’s Rules of orders approving its market-based rate Notification of Change in Status. The Practice and Procedure (18 CFR 385.211 schedule, 65 FERC ¶ 61,305 (1993) and Lake Benton, LLC filing describes the and 385.214). All such motions or 66 FERC ¶ 61,244 (1994), Enron Power generation facilities of new affiliates of protests should be filed on or before the Marketing, Inc. (EPMI), tendered for Lake Benton, LLC and concludes that comment date. Protests will be filing a Notification of Change in Status. Lake Benton, LLC’s affiliation with considered by the Commission in The EPMI filing describes the generation these facilities does not alter the determining the appropriate action to be facilities of new affiliates of EPMI and characteristics that the Commission taken, but will not serve to make

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.026 pfrm07 PsN: 21MYN1 27776 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices protestants parties to the proceeding. Comment date: May 26, 1999, in with the Federal Energy Regulatory Any person wishing to become a party accordance with Standard Paragraph E Commission pursuant to 18 CFR Section must file a motion to intervene. Copies at the end of this notice. 35.13, unexecuted Service Agreements of these filings are on file with the and Certificates of Concurrence under 3. Public Service Company of New Commission and are available for public Avista Corporation’s FERC Electric Mexico inspection. This filing may also be Tariff First Revised Volume No. 10, with viewed on the Internet at http:// [Docket Nos. ER96–1551–000, OA96–202– Idaho Power Company, Puget Sound www.ferc.fed.us/ online/rims.htm (call 000 and OA96–202–002] Energy, PacificCorp and Portland 202–208–2222 for assistance). Take notice that on May 6, 1999, General Electric. David P. Boergers, Public Service Company of New Mexico Avista Corporation requests waiver of Secretary. (PNM), in compliance with the the prior notice requirements and [FR Doc. 99–12818 Filed 5–20–99; 8:45 am] Commission’s Letter Order dated April requests an effective date of April 4, 6, 1999, approving the Stipulation and 1999. BILLING CODE 6717±01±P Agreement filed by PNM on July 27, Comment date: May 25, 1999, in 1998 (in the above captioned dockets) accordance with Standard Paragraph E DEPARTMENT OF ENERGY resolving the mandatory rates for at the end of this notice. ancillary services contained in PNM’s 6. Southwest Power Pool, Inc. Federal Energy Regulatory Open Access Transmission Tariff Commission (OATT), tendered for filing two revised [Docket No. ER99–2830–000] tariff sheets (First Revised Sheet Nos. 31 Take notice that on May 5, 1999, [Docket No. ER99±2762±000, et al.] and 54 to PNM’s Original Transmission Southwest Power Pool, Inc., tendered San Diego Gas & Electric Company, et Service Tariff Volume 4) to modify the for filing notice that effective April 1, al.; Electric Rate and Corporate loss percentages contained in Sections 1999, Southwest Power Pool, Inc.’s Regulation Filings 15.7 and 28.5 (respectively) to conform (SPP) Service Agreements for Short- with the losses agreed upon in a prior Term Firm and Non-Firm Point-to-Point May 13, 1999. related settlement agreement that Transmission Service with NP Energy, Take notice that the following filings resolved PNM’s transmission service Inc. (NP), effective date June 1, 1998 and have been made with the Commission: rates. filed with the Federal Energy Regulatory PNM’s filing is available for public Commission by SPP, are to be canceled. 1. San Diego Gas & Electric Company inspection at PNM’s offices in Notice of the proposed cancellation [Docket No. ER99–2762–000] Albuquerque, New Mexico. has been served upon NP. Take notice that on May 6, 1999, San Comment date: May 26, 1999, in Comment date: May 25, 1999, in Diego Gas & Electric Company tendered accordance with Standard Paragraph E accordance with Standard Paragraph E for filing an addendum to Statement BL, at the end of this notice. at the end of this notice. to its April 30, 1999, filing in the above- 4. Potomac Electric Power Company 7. New York State Electric & Gas referenced docket. Corporation Comment date: May 26, 1999, in [Docket No. ER99–2825–000] accordance with Standard Paragraph E Take notice that on May 6, 1999, [Docket No. ER99–2831–000] at the end of this notice. Potomac Electric Power Company Take notice that on May 5, 1999, New (Pepco), tendered for filing technical York State Electric & Gas Corporation 2. Allegheny Power Service Corp., on amendments to the terms and (NYSEG), tendered Service Agreements behalf of Monongahela Power Co., The conditions and form of service between NYSEG and Enserch Energy Potomac Edison Company and West agreement (but not the rates) of its cost- Services (New York), Inc., FPL Energy Penn Power Company (Allegheny based Power Sales Tariff (Pepco FERC Power) Power Marketing, Inc., Florida Power Electric Tariff No. 1) to bring its terms and Light Company, and Cargill-Alliant, [Docket Nos. ER99–237–003 and ER96–58– into conformity with those of its Market LLC (Customer). These Service 004] Based Tariff (Pepco FERC Electric Tariff Agreements specify that the Customer Take notice that on May 6, 1999, No. 5). has agreed to the rates, terms and Allegheny Power Service Corporation An effective date of June 30, 1999 is conditions of the NYSEG open access on behalf of Monongahela Power requested. transmission tariff filed July 9, 1997 and Company, The Potomac Edison Concurrently, Pepco tendered notice effective on November 27, 1997, in Company and West Penn Power of termination of its open-access Docket No. ER97–2353–000. Company tendered for filing a transmission tariff (Pepco FERC Electric NYSEG requests waiver of the compliance filing regarding Amendment Tariff No. 4). An effective date of April Commission’s sixty-day notice No. 2, to the Allegheny Power Pro 1, 1997 is requested, as Pepco’s requirements and an effective date of Forma Open Access Transmission transmission tariff was superseded by April 30, 1999 for the Service Tariff. This filing is intended to comply the PJM OATT on that date. The PJM Agreements. with the Commission’s order issued on Tariff, which initially was made NYSEG has served copies of the filing April 6, 1999 in Docket Nos. ER99–58– effective subject to further order of the on The New York State Public Service 002 and ER99–237–001. Commission, recently became effective Commission and on the Customer. Copies of the filing have been on a final basis. Comment date: May 25, 1999, in provided to the Public Utilities Comment date: May 26, 1999, in accordance with Standard Paragraph E Commission of Ohio, the Pennsylvania accordance with Standard Paragraph E at the end of this notice. Public Utility Commission, the at the end of this notice. 8. New England Power Company and Maryland Public Service Commission, 5. Avista Corporation Montaup Electric Company the Virginia State Corporation Commission, the West Virginia Public [Docket No. ER99–2826–000] [Docket No. ER99–2832–000] Service Commission, and all parties of Take notice that on May 5, 1999, Take notice that on May 5, 1999, New record. Avista Corporation, tendered for filing England Power Company (NEP) and

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Montaup Electric Company (Montaup), Corporation (AEPSC), tendered for filing 14. Northeast Utilities Service Company tendered for filing an amendment to executed Firm and Non-Firm Point-to- [Docket No. ER99–2839–000] NEP’s open access transmission tariff, Point Transmission Service Agreements Take notice that on May 6, 1999, New England Power Company, FERC for Energy Transfer Group, L.L.C., Northeast Utilities Service Company Electric Tariff, Original Volume No. 9. Public Service Company of Colorado, (NUSCO), tendered for filing a Service Further, pursuant to Sections 35.15 and and Southwestern Public Service Agreement with NRG Power Marketing, 131.53 of the Commission’s regulations, Company, all under the AEP Inc. (NRG), under the NU System 18 CFR 35.15 & 131.53, NEP and Companies’ Open Access Transmission Companies’ Sale for Resale Tariff No. 7. Montaup Electric Company (Montaup) Service Tariff (OATT). The OATT has NUSCO requests that the Service submit for filing Notices of Cancellation been designated as FERC Electric Tariff Agreement become effective May 1, for certain NEP and Montaup rate Original Volume No. 4, effective July 9, 1999. schedules, including Montaup’s open 1996. NUSCO states that a copy of this filing access transmission tariff, Montaup AEPSC requests waiver of notice to has been mailed to NRG. Electric Company, FERC Electric Tariff, permit the Service Agreements to be Comment date: May 26, 1999, in Original Volume No. 7. These filings are made effective for service billed on and accordance with Standard Paragraph E being made in connection with the after April 15, 1999. at the end of this notice. merger of NEP’s and Montaup’s A copy of the filing was served upon corporate parents, New England Electric 15. FirstEnergy System the Parties and the state utility System and Eastern Utilities Associates, regulatory commissions of Indiana, [Docket No. ER99–2840–000] respectively, and the subsequent Kentucky, Michigan, Ohio, Tennessee, Take notice that on May 6, 1999, consolidation of Montaup and NEP. Virginia and West Virginia. FirstEnergy System tendered for filing Comment date: May 25, 1999, in Comment date: May 26, 1999, in Service Agreements to provide Firm accordance with Standard Paragraph E Point-to-Point Transmission Service for at the end of this notice. accordance with Standard Paragraph E at the end of this notice. Automated Power Exchange and 9. MEP Pleasant Hill, LLC Ameren Services Company, the 12. Central Maine Power Company Transmission Customers. Services are [Docket No. ER99–2833–000] [Docket No. ER99–2837–000] being provided under FirstEnergy Take notice that on May 6, 1999, MEP System’s Open Access Transmission Pleasant Hill, LLC (MEPPH) and Take notice that on May 6, 1999, Tariff submitted for filing by the Federal UtiliCorp United Inc. (UtiliCorp), on Central Maine Power Company (CMP), Energy Regulatory Commission in behalf of its Missouri Public Service tendered for filing an executed service Docket No. ER97–412–000. (MPS), operating division, jointly agreement for sale of capacity and/or The proposed effective dates under tendered for filing a Power Sales energy entered into with Wisvest- the Service Agreements are April 26, Agreement between MEPPH and Connecticut, LLC. Service will be 1999 and May 1, 1999 respectively, for UtiliCorp (MPS) dated February 22, provided pursuant to CMP’s Market- the above mentioned Service 1999. Based Power Sales Tariff, designated Agreements in this filing. Comment date: May 26, 1999, in rate schedule CMP—FERC Electric Comment date: May 26, 1999, in accordance with Standard Paragraph E Tariff, Original Volume No. 4. accordance with Standard Paragraph E at the end of this notice. Comment date: May 26, 1999, in at the end of this notice. accordance with Standard Paragraph E 10. New York State Electric & Gas 15. FirstEnergy System Corporation, NGE Generation, Inc. and at the end of this notice. [Docket No. ER99–2841–000] AFS NY, L.L.C. 13. Elwood Energy, LLC Take notice that on May 6, 1999, [Docket No. ER99–2834–000] [Docket No. ER99–2838–000] FirstEnergy System tendered for filing Take notice that on May 6, 1999, New Take notice that on May 6, 1999, Service Agreements to provide Non- York State Electric & Gas Corporation Elwood Energy LLC (Elwood), tendered Firm Point-to-Point Transmission (NYSEG), NGE Generation, Inc. (NGE for filing its proposed Emergency Service for Ameren Services Company Gen) and AES NY, L.L.C. (AES NY), Redispatch Tariff. The tariff provides for and Automated Power Exchange (the Jointly tendered for filing with the the dispatch of the Elwood Generation Transmission Customers). Services are Commission Amendment No. 1, to the Facility during emergencies by being provided under FirstEnergy Interconnection Agreement between Commonwealth Edison Company System’s Open Access Transmission NYSEG and AES NY and Amendment (ComEd), the utility with which the Tariff submitted for filing by the Federal No. 1, to the Milliken Operating facility is interconnected. Energy Regulatory Commission in Agreement between NYSEG and AES Docket No. ER97–412–000. Elwood requests that the proposed NY and request for waivers and an The proposed effective dates under tariff become effective on the effective date of the closing date of the the Service Agreements are May 1, 1999 commercial operation date of the first divestiture of six coal-fired generating and April 26, 1999, respectively. plants from NYSEG and NGE Gen to unit of the facility currently scheduled Comment date: May 26, 1999, in AES NY. for June 11, 1999, and has therefore accordance with Standard Paragraph E Comment date: May 26, 1999, in requested that the Commission waive its at the end of this notice. accordance with Standard Paragraph E notice requirements. 17. Northeast Utilities Service Company at the end of this notice. Elwood has served copies of the filing on the Illinois Commerce Commission [Docket No. ER99–2842–000] 11. American Electric Power Service and ComEd, the only customer under Corporation Take notice that on May 6, 1999, the proposed tariff. Northeast Utilities Service Company [Docket No. ER99–2835–000] Comment date: May 26, 1999, in (NUSCO), on behalf of The Connecticut Take notice that on May 6, 1999, the accordance with Standard Paragraph E Light and Power Company, Western American Electric Power Service at the end of this notice. Massachusetts Electric Company and

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Holyoke Water Power Company, Customer has agreed to the rates, terms 23. MidAmerican Energy Company tendered for filing pursuant to Section and conditions of Orange and Rockland [Docket No. ER99–2849–000] 205 of the Federal Power Act and Open Transmission Tariff filed on July Take notice that on May 6, 1999, Section 35.13 of the Commission’s 9, 1996 in Docket No. OA96–210–000. MidAmerican Energy Company Regulations, a rate schedule change for Orange and Rockland requests waiver (MidAmerican), P.O. Box 657, 666 the sales of electric energy to Mansfield of the Commission’s sixty-day notice Grand Avenue, 28th Floor, Des Moines, Municipal Electric Department requirements and an effective date of Iowa 50303, tendered for filing a (Mansfield). April 5, 1999, for the Service Facilities Agreement and an NUSCO states that a copy of this filing Agreement. Interconnection Agreement, both dated has been mailed to Mansfield. Orange and Rockland has served April 2, 1999 and entered into by NUSCO requests that the rate copies of the filing on The New York MidAmerican with Cordova Energy schedule change become effective on State Public Service Commission and on Company LLC (CEC). CEC is an affiliate May 7, 1999. the Customer. of MidAmerican. Comment date: May 26, 1999, in Comment date: May 29, 1999, in MidAmerican states that the Facilities accordance with Standard Paragraph E accordance with Standard Paragraph E Agreement provides for the construction at the end of this notice. at the end of this notice. of, and a contribution-in-aid of 18. Commonwealth Edison Company 21. Northern States Power Company construction by CEC for, two transmission line taps and substation [Docket No ER99–2843–000] (Minnesota Company) and Northern facilities as additions to MidAmerican’s Take notice that on May 6, 1999, States Power Company (Wisconsin Company) transmission system to permit the Commonwealth Edison Company physical interconnection to the (ComEd), tendered for filing an [Docket No. ER99–2846–000] MidAmerican transmission system of a Interconnection Agreement with Take notice that on May 6, 1999, gas-fired, combined cycle unit electric Elwood Energy, LLC (Elwood). Northern States Power Company generating plant (Plant) that CEC ComED requests an effective date of (Minnesota) and Northern States Power proposes to build in Rock Island County April 23, 1999 and accordingly seeks Company (Wisconsin) (collectively Illinois. MidAmerican states that the waiver of the Commission’s notice known as NSP), tendered for filing a Interconnection Agreement authorizes requirements. Copies of the filing were Short-Term Market-Based Electric CEC to connect the Plant and its served on Elwood and the Illinois Service Agreement between NSP and adjacent substation to the MidAmerican Commerce Commission. CLECO Corporation (Customer). transmission system. Comment date: May 26, 1999, in NSP requests that this Short-Term Copies of the filing were served on accordance with Standard Paragraph E CEC, the Iowa Utilities Board, the at the end of this notice. Market-Based Electric Service Agreement be made Effective on April 7, Illinois Commerce Commission and the 19. Northern States Power Company 1999. South Dakota Public Utilities (Minnesota Company) and Northern Comment date: May 26, 1999, in Commission. States Power Company (Wisconsin accordance with Standard Paragraph E Comment date: May 26, 1999, in Company) at the end of this notice. accordance with Standard Paragraph E at the end of this notice. [Docket No. ER99–2844–000] 22. Cinergy Services, Inc. Take notice that on May 6, 1999, 24. Louisville Gas and Electric Co; and [Docket No. ER99–2848–000] Northern States Power Company Kentucky Utilities Company (Minnesota) and Northern States Power Take notice that on May 5, 1999, [Docket No. ER99–2850–000] Company (Wisconsin) (collectively Cinergy Services, Inc., as agent for and Take notice that on May 5, 1999, known as NSP), tendered for filing an on behalf of its Operating Companies, Louisville Gas and Electric/Kentucky Electric Service Agreement between The Cincinnati Gas & Electric Company Utilities Company (LG&E/KU) tendered NSP and CLECO Corporation and PSI Energy, Inc. (the Cinergy for filing a proposed revision to (Customer). This Electric Service Operating Companies), tendered for Attachment C, Methodology to Assess Agreement is an enabling agreement filing a Rate Schedule for Resale, Transmission Capability, of LG&E/KU’s under which NSP may provide to Assignment or Transfer of Transmission (LG&E Operating Companies LOC’s Customer the electric services identified Rights and Ancillary Services (Rate Open Access Transmission Tariff. in NSP Operating Companies Electric Schedule) and form of Service Comment date: May 25, 1999, in Services Tariff original Volume No. 4. Agreement. The Rate Schedule will accordance with Standard Paragraph E NSP requests that this Electric Service allow the Cinergy Operating Companies at the end of this notice. Agreement be made effective on April 7, to resell its transmission service and 1999. ancillary service rights on The Cinergy 25. Northeast Utilities Service Company Comment date: May 26, 1999, in Operating Companies’ own system and [Docket No. ER99–2851–000] accordance with Standard Paragraph E third-party systems in accordance with Take notice that on May 5, 1999, at the end of this notice. Order Nos. 888 and 888–A, Northeast Utilities Service Company The Cinergy Operating Companies 20. Orange and Rockland Utilities, Inc. (NUSCO), on behalf of The Connecticut have requested an effective date of May Light and Power Company, Western [Docket No. ER99–2845–000] 6, 1999, for the Cinergy Operating Massachusetts Electric Company, Take notice that on May 5, 1999, Companies’ Rate Schedule. Holyoke Water Power Company Orange and Rockland Utilities, Inc. Copies of this filing have been served (including Holyoke Power and Electric (Orange and Rockland), tendered for on the public utility commissions of Company) and Public Service Company filing a Service Agreement between Indiana, Ohio and Kentucky. of New Hampshire (together the NU Orange and Rockland and KeySpan Comment date: May 25, 1999, in System Companies), tendered for filing Ravenswood, Inc., (Customer). This accordance with Standard Paragraph E pursuant to Section 205 of the Federal Service Agreement specifies that the at the end of this notice. Power Act and Section 35.13 of the

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Commission’s Regulations, a rate Comment date: May 26, 1999, in ENVIRONMENTAL PROTECTION schedule change for sales of electric accordance with Standard Paragraph E AGENCY energy to Citizens Lehman Power Sales. at the end of this notice. [FRL±6348±15] NUSCO states that a copy of this filing 29. MEP Pleasant Hill, LLC has been mailed to Citizens Lehman Agency Information Collection Power Sales. [Docket No. ER99–2858–000] Activities: Proposed Collection; NUSCO requests that the rate Take notice that on May 6, 1999, MEP Comment Request; ``National schedule change become effective on Pleasant Hill, LLC, and indirect wholly Recycling and Emissions Reduction May 5, 1999. owned subsidiary of UtiliCorp United Program'' Comment date: May 25, 1999, in Inc., tendered for filing a rate schedule AGENCY: accordance with Standard Paragraph E Environmental Protection to engage in sales at market-based rates. at the end of this notice. Agency (EPA). MEP Pleasant Hill, LLC included in its ACTION: Notice. 26. Arizona Public Service Company filing a proposed code of conduct. SUMMARY: In compliance with the [Docket No. ER99–2852–000] Comment date: May 26, 1999, in Paperwork Reduction Act (44 U.S.C. Take notice that on May 5, 1999, accordance with Standard Paragraph E 3501 et seq.), this document announces Arizona Public Service Company (APS), at the end of this notice. that EPA is planning to submit the tendered for filing revised charges to an 30. Denver City Energy Associates, L.P. following continuing Information existing transmission agreement with Collection Request (ICR) to the Office of Arizona Electric Cooperative, Inc. [Docket No. ER99–2922–000] Management and Budget (OMB): (AEPCO). Take notice that on May 4, 1999, ‘‘National Recycling and Emissions A copy of this filing has been served Denver City Energy Associates, L.P., Reduction Program,’’ EPA ICR Number: on the Arizona Corporation Commission tendered for filing a Test Energy Sales 1626.07, OMB Control Number: 2060– and AEPCO. Agreement with Golden Spread Electric 0256, expiration date—June 30, 1999. Comment date: May 25, 1999, in Cooperative, Inc., providing for sales of Before submitting the ICR to OMB for accordance with Standard Paragraph E test energy generated at the Mustang review and approval, EPA is soliciting at the end of this notice. Station (the test energy agreement) comments on specific aspects of the proposed information collection as 27. Eastern Edison Company under construction near Denver City, described below. Texas (the facility). [Docket No. ER99–2853–000] DATES: Comments must be submitted on Take notice that on May 6, 1999, Comment date: May 24, 1999, in or before July 20, 1999. accordance with Standard Paragraph E Eastern Edison Company (EECO), ADDRESSES: Comments should be tendered for filing an executed at the end of this notice. submitted in duplicate to the attention Interconnection Agreement between Standard Paragraphs of Air Docket No. A–92–01 VIII.J; itself and Browning Ferris Gas Services, Environmental Protection Agency; 401 Incorporated. (BFGSI). The E. Any person desiring to be heard or M Street (6205J), S.W.; Washington, D.C. Interconnection Agreement establishes to protest such filing should file a 20460. Materials relevant to this the requirements, terms and conditions motion to intervene or protest with the proposed rulemaking are contained in for EECO to complete system upgrades Federal Energy Regulatory Commission, Air and Radiation Docket No. A–92–01 which will enable BFGSI to operate in 888 First Street, N.E., Washington, D.C. VIII.J. This docket is located in Room parallel with the EECO electrical system 20426, in accordance with Rules 211 M–1500; Waterside Mall (Ground for additional generator units. and 214 of the Commission’s Rules of Floor); U.S. Environmental Protection Comment date: May 26, 1999, in Practice and Procedure (18 CFR 385.211 Agency; 401 M Street, S.W.; accordance with Standard Paragraph E and 385.214). All such motions or Washington, D.C. 20460. Dockets may at the end of this notice. protests should be filed on or before the be inspected Monday through Friday from 8:30 a.m. to 5:30 p.m. A reasonable 28. Entergy Services, Inc. comment date. Protests will be considered by the Commission in fee may be charged for copying docket [Docket No. ER99–2854–000] determining the appropriate action to be materials. Take notice that on May 6, 1999, taken, but will not serve to make FOR FURTHER INFORMATION CONTACT: Entergy Services, Inc. (Entergy protestants parties to the proceeding. Julius Banks; Stratospheric Protection Services), as agent for Entergy Arkansas, Any person wishing to become a party Division; U.S. EPA (6205J); 401 M Inc., Entergy Gulf States, Inc., Entergy must file a motion to intervene. Copies Street, S.W.; Washington, D.C. 20460; Phone: (202) 564–9870; Facsimile: (202) Louisiana, Inc., Entergy Mississippi, of these filings are on file with the 565–2096. For questions only, you may Inc., and Entergy New Orleans, Inc. Commission and are available for public (collectively, the Entergy Operating use the electronic address inspection. This filing may also be Companies), tendered for filing its 1999 [email protected]. All comments viewed on the Internet at http:// annual rate redetermination update must be sent to the docket. www.ferc.fed.us/online/rims.htm (call (Update) in accordance with the Open SUPPLEMENTARY INFORMATION: Access Transmission Tariff filed in 202–208–2222 for assistance). Affected entities: Entities potentially compliance with FERC Order No. 888 in David P. Boergers, affected by this action are refrigeration Docket No. OA96–158–000. Entergy Secretary. and air-conditioning service and repair Services states that the Update [FR Doc. 99–12850 Filed 5–20–99; 8:45 am] shops; plumbing, heating, and air- redetermines the formula rate in BILLING CODE 6717±01±M conditioning contractors; refrigerated accordance with the annual rate transport service dealers; scrap metal redetermination provisions of Appendix recyclers; automobile dismantlers and 1 to Attachment H and Appendix A to recyclers. Additional entities affected Schedule 7. include Clean Air Act section 608

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.098 pfrm07 PsN: 21MYN1 27780 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices technician certification programs, are to respond, including through the hours for reclaimer reporting from an equipment certification programs, use of appropriate automated electronic, estimated 80 respondents; 40,000 hours refrigerant wholesalers and reclaimers, mechanical, or other technological for an estimated 5,000 refrigerant and other establishments that perform collection techniques or other forms of wholesalers to maintain records of refrigerant removal, service, and/or information technology, e.g., permitting refrigerant sales transactions; 300 hours disposal. electronic submission of responses. for an estimated 10 technician Title: ‘‘National Recycling and Burden Statement: Burden means the certification programs applying for first- Emissions Reduction Program’’ (OMB total time, effort, or financial resources time approval; 1,600 hours for 100 Control No. 2060–0256; EPA ICR No. expended by persons to generate, technician certification programs to 1626.07) expiring 6/30/99. maintain, retain, or disclose or provide maintain records; 96,000 hours for an Abstract: In 1993, EPA promulgated information to or for a Federal agency. estimated 330,000 technicians acquiring regulations under section 608 of the This includes the time needed to review certification and maintaining Clean Air Act Amendments of 1990 for instructions; develop, acquire, install, certification cards; 268,500 hours for an the recycling of ozone depleting and utilize technology and systems for estimated 2,003,850 owners of refrigerants, specifically the purposes of collecting, validating, refrigeration and air-conditioning chlorofluorocarbons (CFCs) and and verifying information, processing equipment to maintain records on hydrofluorocarbons (HCFCs), in air- and maintaining information, and refrigerant and equipment; and 990 conditioning and refrigeration disclosing and providing information; hours for an estimated 210 owners of equipment. These regulations were adjust the existing ways to comply with industrial process refrigeration published on May 14, 1993 (58 FR any previously applicable instructions equipment. 28660) and codified in 40 CFR subpart and requirements; train personnel to be F (section 82.150 et seq.). Section 608 able to respond to a collection of Dated: May 7, 1999. also establishes self-effectuating information; search data sources; Julius Banks, prohibitions on the knowing venting, complete and review the collection of Stratospheric Protection Division, OAR. release, or disposal of any substitute information; and transmit or otherwise [FR Doc. 99–12941 Filed 5–20–99; 8:45 am] substance for ozone-depleting disclose the information. BILLING CODE 6560±50±P refrigerants during the maintenance, The annual burden is reported in this service, repair, and disposal of any Notice by annual respondent burden. device which contains and uses any This estimate includes the time needed ENVIRONMENTAL PROTECTION substitute refrigerant for household or to review instructions; develop, acquire, AGENCY commercial purposes. Substitutes may install, and utilize technology and [FRL±6347±7] be exempt from this prohibition if EPA systems for the purposes of collecting, determines that venting, releasing, or validating, and verifying information, Agency Information Collection disposing of such substances does not processing and maintaining Activities: Proposed Collection; pose a threat to the environment. information, and disclosing and Comment Request; Emission Defect Substitutes for CFCs and HCFCs are providing information; adjust the Information Reports and Voluntary included in recordkeeping requirements existing ways to comply with any Emissions Recall Reports for On- which will not lead to additional previously applicable instructions and Highway, Light-Duty Motor Vehicles burden hours on affected entities. The requirements; train personnel to be able reasons for collection of the to respond to a collection of AGENCY: Environmental Protection information; its intended use; and information; search data sources; Agency (EPA). whether the requirements are complete and review the collection of ACTION: Notice. information; and transmit or otherwise mandatory, voluntary, or required to SUMMARY: In compliance with the obtain a benefit are described below. An disclose the information. Additional burden hours associated Paperwork Reduction Act (44 U.S.C. Agency may not conduct or sponsor, 3501 et seq.), this notice announces that and a person is not required to respond with the implementation of this notice are avoided due to the marketplace EPA is planning to submit the following to a collection of information unless it continuing Information Collection displays a currently valid OMB Control balance that will occur as ozone- depleting substances are phased out and Request (ICR) to the Office of Number. The OMB Control Numbers for Management and Budget (OMB): EPA’s regulations are listed in 40 CFR replaced by substitutes; therefore, this ICR renewal does not include any Emission Defect Information and part 9 and 48 CFR Chapter 15. Voluntary Emissions Recall Reports for The EPA would like to solicit burden for third-party or public disclosures that were not previously On-Highway, Light-Duty Motor Vehicles comments to: (OMB # 2060–0048, EPA # 282.08, (i) Evaluate whether the proposed reviewed and approved by OMB. The approved through 7/31/99). Before collection of information is necessary annual burden hours for this collection submitting the ICR to OMB for review for the proper performance of the of information are estimated as follows: and approval, EPA is soliciting functions of the agency, including 16 hours for two equipment testing comments on specific aspects of the whether the information will have organizations; 1,125 hours for an proposed information collection as practical utility; estimated 2,250 service establishments (ii) Evaluate the accuracy of the that will change ownership or enter the described below. agency’s estimate of the burden of the market; 12.5 hours for an estimated 25 DATES: Comments must be submitted on proposed collection of information, disposal establishments that change or before July 20, 1999. including the validity of the ownership or enter the market; 10,000 ADDRESSES: Vehicle Programs & methodology and assumptions used; hours for the maintenance of copies of Compliance Division (6405J), 401 M (iii) Enhance the quality, utility, and signed statements by an estimated 500 Street, SW, Washington, DC 20460. clarity of the information to be disposal establishments; 40 hours for Interested persons may request a copy of collected; and certification of an estimated 20 the ICR, without charge, by writing, (iv) Minimize the burden of the refrigerant reclaimers that change faxing, or phoning the contact person collection of information on those who ownership or enter the market; 400 below.

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FOR FURTHER INFORMATION CONTACT: proposed collection of information, ENVIRONMENTAL PROTECTION Steve Albrink, Office of Mobile Sources, including the validity of the AGENCY Vehicle Programs & Compliance methodology and assumptions used; [ER±FRL±6242±7] Division, (202) 564–8997, (202) 565– (iii) Enhance the quality, utility, and 2057 (fax). E-mail address: clarity of the information to be Environmental Impact Statements; [email protected]. collected; and Notice of Availability SUPPLEMENTARY INFORMATION: Affected entities: Entities potentially affected by (iv) Minimize the burden of the Responsible Agency: Office of Federal this action are manufacturers of on- collection of information on those who Activities, General Information (202) highway light-duty vehicles and light- are to respond, including through the 564–7167 OR (202) 564–7153. duty trucks. use of the appropriate automated Weekly receipt of Environmental Impact Title: Emission Defect Information electronic, mechanical, or other Statements and Voluntary Emissions Recall Reports technological collection techniques or Filed May 10, 1999 Through May 14, (OMB # 2060–0048, EPA ICR # 282.08, other forms of information technology, 1999 approved through 7/31/99.) e.g., permitting electronic submission of Pursuant to 40 CFR 1506.9 Abstract: Some manufacturers of responses. EIS No. 990157, DRAFT EIS, BLM, WY, motor vehicles are required to submit Burden Statement: The Agency South Baggs Natural Gas Development two different reports under 40 CFR part projects the cost to the public of this ICR Area, Proposal to Drill and Develop 85. These reports are only required is estimated to be 1256 hours and 50 Natural Gas Wells, Application for where certain conditions involving $85,007. A respondent’s burden for a Permit to Drill and COE Section 404 emission defects or voluntary recalls defect information report is estimated to Permit, Carbon County, WY, Due: July occur. be 14 hours per report. The estimated 21, 1999, Contact: Larry Jackson (307) The ‘‘defect information report’’ (DIR) frequency per respondent is expected to 328–4231. contains data regarding the class or EIS No. 990158, DRAFT EIS, AFS, UT, average 5.1 responses per year. It is engine family and number of vehicles Pretty Tree Bench Vegetation Project, estimated that there will be an average on which a defect has been found, and Implementation, Dixie National a description of the defect and its effects of 12 respondents submitting defect Forest, Escalante Ranger District, on vehicle performance and emissions. information reports per year. Garfield County, UT, Due: July 06, The Agency uses the DIR to help A respondent’s burden for a voluntary 1999, Contact: Kevin Schulkoski (435) identify emission-related defects or emissions recall report and the follow- 826–5400. classes of vehicles which may not up progress reports is estimated to be EIS No. 990159, DRAFT EIS, AFS, MT, comply with federal emissions 3.5 hours and 14 hours, respectively, Nevada/Dalton Project, standards. per voluntary emissions recall report. Implementation of Fire Treatment, The ‘‘voluntary emission recall’’ The estimated frequency per respondent Timber Harvest, Travel Management (VER) report contains data on voluntary is expected to average 3.8 voluntary of Road, Helena National Forest, recall campaigns conducted by recall reports per year. It is estimated Lincoln Ranger District, Lewis & Clark manufacturers, including the that there will be an average of 6 and Powell Counties, MT, Due: July procedures used by the manufacturers respondents submitting voluntary 06, 1999, Contact: Thomas J. to conduct voluntary recall campaigns, emissions recall reports per year. Andersen (406) 449–5201 ext. 277. the identification of vehicles or engines EIS No. 990160, DRAFT EIS, FHW, MD, affected by the campaign, and the repair Burden means the total time, effort, or Middle River Employment Center to be completed on recalled vehicles; financial resources expended by persons Access Study, Transportation progress or quarterly updates of the VER to generate, maintain, retain, or disclose Improvements, NPDES and COE reports track the number of vehicles or provide information to or for a federal Section 404 Permit, Baltimore County, repaired. The Agency uses the VER agency. This includes the time needed MD, Due: July 16, 1999, Contact: Ms. report and progress reports to ensure to review instructions; develop, acquire, Mary Huie (410) 962–4342 ext. 148. that manufacturers are following install, and utilize technology and EIS No. 990161, DRAFT EIS, FHW, NY, acceptable procedures when conducting systems for the purposes of collecting, Miller Highway Project, Relocation of recalls and to track the progress and validating, and verifying information, Miller Highway between West 59th effectiveness of voluntary recall processing and maintaining Street to West 72nd Streets on the campaigns. An agency may not conduct information, and disclosing and Upper West Side of Manhattan, (P.I.N. or sponsor, and a person is not required providing information; adjusting the 103.37), Funding and COE Section to respond to, a collection of existing ways to comply with any 404 Permit, New York County, NY, information unless it displays a previously applicable instructions and Due: July 06, 1999, Contact: Jim currently valid OMB control number. requirements; training personnel to be Brown (212) 465–5000. The OMB control numbers for EPA’s able to respond to a collection of EIS No. 990162, DRAFT EIS, USN, GU, regulations are listed in 40 CFR part 9 information; searching data sources; Surplus Navy Property Identified in and 48 CFR chapter 15. completing and reviewing the collection the Guam Land Use Plan (GLUP ’94) EPA would like to solicit comments of information; and transmitting or for Disposal and Reuse, to: otherwise disclosing the information. Implementation, GU, Due: July 06, (i) Evaluate whether the proposed 1999, Contact: Gerald Gibbons (808) collection of information is necessary Dated: May 13, 1999. 471–9338. for the proper performance of the Robert D. Brenner, EIS No. 990163, DRAFT EIS, BLM, CA, functions of the agency, including Acting Assistant Administrator for Air and Soledad Canyon Sand and Gravel whether the information will have Radiation. Mining Project, Proposal to Mine, practical utility; [FR Doc. 99–12944 Filed 5–20–99; 8:45 am] Produce and Sell Sand and Gravel, (ii) Evaluate the accuracy of the BILLING CODE 6560±50±P Private Owned and Federally Owned agency’s estimate of the burden of the Lands, Transit Mixed Concrete, Los

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Angeles County, CA, Due: July 06, Dated: May 18, 1999. manner and that would delineate the 1999, Contact: Ms. Elena Misquez William D. Dickerson, limit for maximum water withdrawals. (760) 251–4804. Director, NEPA Compliance Division, Office ERP No. D–COE–E39047–AL Rating EC2, Jackson Port Project, Proposal for EIS No. 990164, FINAL EIS, TVA, TN, of the Federal Activities. the Public Port Facilities on the GA, TN, Peaking Capacity Additions, [FR Doc. 99–12958 Filed 5–20–99; 8:45 am] BILLING CODE 6560±50±P Tombigbee River, City of Jackson, Clark Construction and Operation of County, AL. Natural Gas-Fired Combustion Summary: EPA expressed concerns Turbines, NPDES and COE Section ENVIRONMENTAL PROTECTION over the potential impacts to the federal 404 Permits; Three Sites Proposed: AGENCY portion of this project, i.e., the spur Colbert Fossil Plant, Colbert County, canal. In regard to the City of Jackson’s AL, Gallatin Fossil Plant, Sumner [ER±FRL±6242±8] planned phased development, which County, TN and Johnsonville Fossil Environmental Impact Statements and will convert important bottom land Plant, Humphreys County, TN, Due: Regulations; Availability of EPA hardwood habit to commercial property, June 21, 1999, Contact: Gregory L. Comments EPA expressed objections and requested Askew (423) 632–6418. additional information. Availability of EPA comments ERP No. D–COE–L32010–OR Rating EIS No. 990165, FINAL SUPPLEMENT, prepared April 26, 1999 Through April EC2, Columbia and Lower Willamette SFW, WA, Plum Creek Timber Sale, 30, 1999 pursuant to the Environmental River Federal Navigation Channel, Issuance of a Permit to Allow Review Process (ERP), under section Improvement Channel Deepening, OR Incidental Take and Habitat 309 of the Clean Air Act and section and WA. Conservation Plan (HCP) for 102(2)(c) of the National Environmental Summary: EPA expressed concern Threatened and Endangered Species, Policy Act as amended. Requests for regarding the lack of information on Implementation, Updated Information copies of EPA comments can be directed upland and instream dredged disposal on the Proposed Exchange of Private to the Office of Federal Activities at sites; impacts of the new channel and and Federal Lands Eastern and (202) 564–7167. sediment regimes in the Columbia and Western Cascade Provinces in the An explanation of the ratings assigned Willamette Rivers; cumulative impacts Cascade Mountains, King and Kittitas to draft environmental impact from past, present and future activities Counties, WA, Due: June 21, 1999, statements (EISs) was published in FR in the project area; the absence of firm Contact: William O. Vogel (360) 753– dated April 9, 1999 (64 FR 17362). commitments to implement and follow through on the referenced proposed 9440. Draft EISs Ecosystem Restoration measures; and EIS No. 990166, FINAL EIS, FAA, ERP No. D–BLM–A99217–00 Rating ADOPTION—Colorado Airspace the relationship between the proposed EO2, Programmatic EIS–Surface dredging activities and the future Initiative, Modifications to the Management Regulations for Locatable decision on whether to draw down the National Airspace System, such as the Mineral Operations, (43 CFR part 3809), John Day Reservoir and selected dams F–16 Aircraft and Aircrews of the Public Land. on the Lower Snake River. 140th Wing of the Colorado Air Summary: EPA expressed ERP No. D–FHW–K50013–00 Rating National Guard, also existing Military environmental objections regarding EC2, US 93 Hoover Dam Bypass Project, Operations Area (MOAs) and Military environmental performance standards Construction of a New Bridge and Training Routes (MTRs), CO, NM, KS, and goals; bonding, reclamation and Highway, Funding, Right-of-Way NB and WY, Due: June 21, 1999, monitoring plans; and implementing of Easement, US Coast Guard, NPDES and Contact: Elizabeth Gaffin (202) 267– the definition of unnecessary and undue COE Section 404 Permits, Federal 7899. degradation. EPA also commented on Lands—Lake Mead National Recreation state government coordination, most The U.S. Department of Area and Hoover Dam Reservation, appropriate technology and practices, Clark County, NV and Mohave County, Transportation’s, Federal Aviation and protections for riparian areas. EPA AZ. Administration (FAA) has adopted the requested that these issues be addressed Summary: EPA expressed concerns United States Air Force’s, Air National in the final EIS and proposed rule. regarding cumulative effects, indirect # Guard FEIS 970325 filed 8–15–97. FAA ERP No. D–COE–E39046–00 Rating impacts (particularly regarding utility was not a Cooperating Agency for the EC2, Apalachicola-Chattahochee-Flint relocations), excavation, erosion and above final EIS. Recirculating of the (AFC) River Basin Water Allocation, runoff impacts, hazardous materials document is necessary under § 1506.3(b) Allocation Formula Approval, FL and impacts and recreational impacts. of the Council on Environmental GA. ERP No. D–FTA–L40210–WA Rating Quality Regulations. Summary: EPA expressed EC2, Central Link Light Rail Transmit environmental concern that the Draft Project, (Sound Transit) Construct and Amended Notices EIS No. 990143, EIS may not adequately assess the Operate an Electric Rail Transit System, DRAFT EIS, TPT, CA, Presidio of San impacts of the water allocation Funding and COE Section 10 and 404 Francisco General Management Plan, formulas. EPA recommended that Permits in the Cities of Seattle, Sea Tac Implementation, New Development comprehensive river basin water quality and Tuckwila, King County, WA. and Uses within the Letterman models be developed to predict impacts Summary: EPA’s concerns relate to Complex, Golden Gate National to indigenous fish and aquatic life, the lack of evaluation of options to Recreation Area, City and County of water quality, consumptive uses, offset impacts to salmon, ecosystems, San Francisco, CA, Due: June 26, groundwater and recreation for the and neighborhoods; the need to expand 1999, Contact: John Pelka (415) 561– affected reservoirs and rivers within the cumulative effects analysis; and the 5300. each basin. EPA also recommended that need to have clearly defined mitigation Published FR–04–30–99—Correction to a baseline be established that would measures in the EIS. Due Date. define the water needs for the river ERP No. D–IBR–K39056–CA Rating basins to function in an acceptable EC2, Contra Loma Reservoir Project,

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Future Use and Operation of Contra Summary: EPA does not believe its Summary: In general FHWA satisfied Costa Water District, COE Section 404 previously expressed concerns were EPA’s concerns raised at the DEIS stage. Permit, Contra Costa County, CA. adequately addressed and in particular EPA’s remaining environmental Summary: EPA expressed concerns that the 92/880 Interchange project was concerns are for maintenance of surface over the proposed action’s ability to not included in the analysis. water quality for the endangered dwarf- safeguard the drinking water supply. ERP No. F–COE–F35045–MN, Duluth- wedged mussel present in the Swift EPA believes that additional Superior Harbor Phase II, Dredge Creek drainage area which will be information concerning the quality of Material Management Plan, Cities of subject to Multiple highway projects in the water and a more complete analysis Duluth, St. Louis County, MN and the foreseeable future. Also, a likely of the alternatives is necessary to fully Douglas County, WI. shortfall is noted in wetlands loss assess the potential environmental and Summary: The Final EIS adequately mitigation. public health impacts. addressed most issues raised previously ERP No. F–IBR–K39028–NV, Clark ERP No. DB–COE–E32022–NC Rating by EPA. However, EPA continues to be County Wetlands Park Master Plan, EO1, Manteo (Shallowbag) Bay Project, concerned that the sediment quality Construction and Operation, Erosion Enlarging and Deepening Basin at evaluation analysis was completed only Control Structures in Las Vegas Wash, Wanchese, Dare County, NC. for Hearding Island Hole. EPA requested COE Section 404 Permit, Right-of-Way Summary: EPA expressed that before any other deep holes are Permit and Endangered Species Act environmental objections to the used for disposal, they should also be Section 4, Clark County, NV. construction of the proposed jetty assessed. Summary: EPA commend the system for Oregon Inlet, and urged the ERP No. F–COE–F36161–IL, Bureau’s efforts to implement a Corps to consider a ‘‘dredging-only’’ Chicagoland Underflow Plan, McCook thoughtful Wetlands Park Plan which alternative as means to meet the Reservoir Construction and Operation considers both local community and navigation expectations of local for Temporary Retention of Floodwaters environmental concerns. EPA has no interests. in Metropolitan Chicago, object to the action as proposed. ERP No. DS–FHW–K40157–CA Rating Implementation, Cook County, IL. ERP No. F–USA–F11036–IN, Newport EO2, CA–1 Improvement, Carmel River Summary: The Final EIS adequately Chemical Depot, Construction and Bridge to CA–1/Pacific Grove (Route 68) responded to most issues raised by EPA. Operation, Pilot Testing of Interchange, Updated and Additional However, EPA continues to be Neutralization/Supercritical Water Information, Funding and COE Section concerned that no information was Oxidation of VX Agent, Vermillion 404 Permit, Monterey County, CA. provided regarding operation and County, IN. Summary: EPA expressed maintenance of the pumps around the Summary: EPA’s previous objections environmental objections due to adverse reservoir installed to protect the have been resolved by the inclusion of impacts to wetlands and other surrounding groundwater. the requested information. Therefore, jurisdictional waters of the United EPA has no objection to the proposed States, which are subject to regulatory ERP No. F–COE–K39052–CA, action. provisions of Section 404 of the Clean Hamilton Wetland Restoration Project, ERP No. FA–NOA–K90020–CA, Water Act as well as potential impacts Tidal Salt Marsh Habitat, Alameda Coastal Pelagic Species Fishery to the Monterey Pine Forest. County, CA. Summary: EPA is pleased with the Management Plan Amendment 8, Final EISs selection of Alternative 5, which would (Formerly Known as Northern Anchovy ERP No. F–BLM–K65205–CA, support a diversity of important wetland Fishery Management Plan), Approval Telephone Flat Geothermal Power Plant habitat types and expressed no objection and Implementation, WA, CA and OR. within the Glass Mountain Known to the proposed action. Summary: Review of the Final EIS Geothermal Resource Area, ERP No. F–COE–L03008–AK, was not deemed necessary. No formal Construction, Operation and Beaufort Sea Oil and Gas Development comment letter was sent to the Decommissioning of a 48 megawatt Northstar Project, Implementation, preparing agency. (MW) Geothermal Plant, Modoc NPDES Permit, Sea Island, Alaskan ERP No. FS–TVA–E07013–TN, National Forest, Siskiyou County, CA. Beaufort Sea, Offshore Marine Kingston Fossil Plant Alternative Coal Summary: EPA expressed continuing Environment and Onshore Northslope Receiving Systems, New Rail Spur concerns regarding the projects purpose of Alaskan Coastal Plain, AK. Construction near the Cities of Kingston and need, inconsistency with prior Summary: The final EIS adequately and Harriman, Roane County, TN. NEPA analysis, significant unmitigable addressed EPA concerns related to oil Summary: EPA commented favorably impacts to Native American traditional spill prevention and response issues on TVA’s proposal to use a source of cultural values, cumulative impacts and the manner in which issues and cleaner (low sulfur) coal. However, from additional development, NEPA concerns of the Inupiat Eskimo have there are longer coal delivery distances segmentation, and prior agreements been integrated into the NEPA process. (and attendant air emissions) and train between Bonneville Power However, EPA indicated that the lengths associated with such sources as Administration and CalEnergy that may analysis of double-walled pipeline well as some additional noise from such prejudice the Record of Decision. EPA technology should continue to be deliveries and from coal handling, requested that the Record of Decision pursued and that this technology should crushing and blending operation. not be issued until these issues are be evaluated on a case-by-case basis for ERP No. F1–FHW–G40140–TX, Grand resolved. all subsequent off-shore development Parkway Segment (TX–99) Volume IV, ERP No. F–CGD–K50012–CA, CA–92/ projects in the Beaufort Sea. Segment 1–2, Improvement Project from San Mateo Hayward Bridge, ERP No. F–FHW–E40755–NC, US 70 TX–225 to I–10 (East), Funding, COE Improvements to the East Approach and Improvements Project, I–40 to the Section 404 Permit and Right-of-Way the Trestle Portion of the bridge, Coast Intersection of US 70 and US 70 Grant, Harris and Chamber Counties, Guard Bridge Permit and COE Section Business, Funding and COE Section 404 TX. 404 Permit, Alameda and San Mateo Permit, Wake and Johnston Counties, Summary: Review of the Final EIS has Counties, CA. NC. been completed and the project found to

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.163 pfrm07 PsN: 21MYN1 27784 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices be satisfactory. No formal comment (4606), 401 M Street SW, Washington, in Denver Residents Using pNEM/CO letter was sent to the preparing agency. DC 20460. The telephone number is (Version 2.0) At this meeting (the first 202–260–5813 and the e-mail address is in a series of meetings), EPA is seeking Other [email protected]. advice and comment from CASAC with ERP No. LD–USA–L11032–AK Rating Dated: May 14, 1999. regard to the scientific soundness of the E02, Alaska Army Lands Withdrawal Charlene E. Shaw, draft CO Criteria Document for its Renewal for Fort Wainwright and Fort subsequent use in providing scientific Greely West Training Area, Approval of Designated Federal Officer, National Drinking Water Advisory Council. bases for Agency decisions on retention Permits and Licenses, City of Fairbanks, or the possible need for revision to the [FR Doc. 99–12942 Filed 5–20–99; 8:45 am] City of North Pole and City of Delta existing CO NAAQS. The CASAC Junction, North Star Borough, AK. BILLING CODE 6560±50±P review will focus on the extent to which Summary: EPA expressed the draft document: (1) adequately environmental objections to the ENVIRONMENTAL PROTECTION identifies and poses pertinent issues proposed project on the basis of a AGENCY that need to be addressed in the restricted range of alternatives and the document; (2) accurately and concisely potential environmental impacts. EPA [FRL±6348±3] summarizes relevant key findings from requested more information on existing previous CO criteria review(s); (3) environmental conditions, more site- Science Advisory Board; Notification accurately and concisely summarizes specific evaluation of direct and of Public Advisory Committee Meeting; and assesses important newly available cumulative impacts, and a consideration Open Meeting pertinent information (or have any of additional renewal periods. Pursuant to the Federal Advisory important new studies been omitted?); Dated: May 18, 1999. Committee Act, Public Law 92–463, (4) appropriately interprets and William D. Dickerson, notice is hereby given that the Clean Air synthesizes the assessed information; Director, NEPA Compliance Division, Office Scientific Advisory Committee (CASAC) and (5) arrives at sound conclusions and of Federal Activities. of the Science Advisory Board (SAB) findings, taking into account the newly [FR Doc. 99–12959 Filed 5–20–99; 8:45 am] will meet on Wednesday and Thursday, available data assessed. For information on obtaining copies of the two Carbon BILLING CODE 6560±50±M June 9–10, 1999 at the U.S. Environmental Protection Agency (US Monoxide NAAQS documents EPA), Environmental Research Center, identified above, or to obtain ENVIRONMENTAL PROTECTION Main Auditorium, Route 54 and information concerning contact AGENCY Alexander Drive, Research Triangle individuals, please see 64 FR 13198– Park, NC 27711. The meeting will begin 13199, March 17, 1999. [FRL±6347±8] at 8:30 am and end no later than 5:30 (b) Consultation on the Diesel Health National Drinking Water Advisory pm on June 9th and begin at 8:00 am Assessment—With two past CASAC Council Small Systems Implementation and end no later than 4:00 pm on June reviews of the draft Diesel Engine Working Group; Notice of Conference 10th. All times noted are Eastern Exhaust Health Assessments, the most Call Daylight Time. The meeting is open to recent being on May 5–6, 1998 (see 63 the public. Due to limited space, seating FR 17000, April 7, 1998), NCEA believes AGENCY: Environmental Protection at the meeting will be on a first-come that a Consultation with CASAC to Agency (EPA). basis. For further information review progress on current work to ACTION: Notice. concerning various aspects of the revise the Assessment is timely. The meeting, please contact the individuals primary focus of this Consultation is on SUMMARY: Under section 10(a)(2) of listed below. Important Notice: the issues raised earlier by CASAC (see Public Law 92–423, the ‘‘The Federal Documents that are the subject of SAB CASAC Report #EPA–SAB–CASAC–99– Advisory Committee Act,’’ notice is reviews are normally available from the 001, October 7, 1998, available from the hereby given that a conference call of originating EPA office and are not Science Advisory Board on its website the Small Systems Implementation available from the SAB Office— (WWW.EPA.GOV/SAB) or at: (202) 260– Working Group of the National Drinking information concerning availability of 4126, FAX: (202) 260–1889, please give Water Advisory Council (NDWAC) documents from the relevant Program the title and report number and your established under the Safe Drinking Office is included below. name and address when requesting a Water Act, as amended (42 U.S.C. 300f Purpose of the Meeting: Three issues copy via phone or fax) and how NCEA et seq.), will be held on May 25, 1999, will be discussed at this meeting: would address these issues. Given the from 10 a.m.–12 p.m., EDT. The call (a) Review of Carbon Monoxide importance of completing the will be held at the U.S. Environmental National Ambient Air Quality Assessment and providing it to the Protection Agency, 401 M Street S.W., Standards (NAAQS)—The Committee Agency’s Mobile Sources Program, a Room 1132 East Tower, Washington, will begin its review of the Carbon discussion with CASAC, at this DC. The meeting is open to the public, Monoxide National Ambient Air Quality juncture, would be useful to both NCEA but seating will be limited. Standards (NAAQS) with a review of and CASAC. The document titled, The purpose of this meeting is to the National Center for Environmental Discussion Paper for CASAC—Diesel review draft reports relating to system Assessment’s (NCEA) draft Air Quality Exhaust Health Assessment, is available demographics and regulatory impacts. Criteria for Carbon Monoxide (External on the NCEA page of the Internet at Statements will be taken from the public Review Draft) 1999, EPA/600/P–99/001. HTTP://WWW.EPA.GOV/NCEA under on this call as time allows. The Committee will also provide advice the What’s New and Publications For more information please contact and comment to the Office of Air menus. A limited number of paper Peter E. Shanaghan, Designated Federal Quality Planning and Standards copies are available from the Technical Officer, Small Systems Implementation (OAQPS) on its draft Estimation of Information Staff (8623D), NCEA–W; Working Group, U.S. EPA, Office of Carbon Monoxide Exposures and telephone: (202) 564–3261; FAX: (202) Ground Water and Drinking Water Associated Carboxyhemoglobin Levels 565–0050. If you are requesting a paper

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.166 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27785 copy, please provide your name, identify the name of the individual an external peer-review workshop to mailing address, and the document title, making the presentation, the review the external review draft Discussion Paper for CASAC—Diesel organization (if any) they will represent, document titled, Toxicological Review Exhaust Health Assessment. For any requirements for audio visual of Vinyl Chloride (NCEA–S–0619) and information on Diesel, contact William equipment (e.g., overhead projector, the companion draft IRIS [Integrated Pepelko, NCEA–W, telephone: (202) 35mm projector, chalkboard, etc), and at Risk Information System] Summary for 564–3309; FAX: (202) 565–0078; or e- least 35 copies of an outline of the Vinyl Chloride. The EPA is also mail: . issues to be addressed or of the announcing a 30-day public comment (c) Review of the draft Airborne presentation itself. period for the draft Toxicological Particulate Matter (PM) Research Providing Oral or Written Comments Review. The peer-review workshop will Strategy—The Committee last met on at SAB Meetings: The Science Advisory be organized, convened, and conducted November 18 and 19, 1996 to review Board expects that public statements by the Syracuse Research Corporation, and provide advice to EPA on the presented at its meetings will not be an EPA contractor for this external Particulate Matter Research Program repetitive of previously submitted oral scientific peer review. The documents Strategy. Since then, the Agency has or written statements. In general, each were prepared by the EPA’s National revised the strategy and has asked that individual or group making an oral Center for Environmental Assessment- CASAC review the revised document. presentation will be limited to a total Washington Office (NCEA–W) within Interested parties may obtain a copy of time of ten minutes. For conference call the Office of Research and the draft Airborne Particulate Matter meetings, opportunities for oral Development. NCEA will consider the Research Strategy and the charge to comment will be limited to no more peer-review advice and public comment CASAC by contacting Dr. John than five minutes per speaker and no submissions in revising the Vandenberg at: (919) 541–4527; FAX: more than fifteen minutes total. Written Toxicological Review. While EPA is not (919) 541–0642), or e-mail comments (at least 35 copies) received soliciting public comments on the draft , National in the SAB Staff Office sufficiently prior IRIS Summary, any comments on the Health and Environmental Effects to a meeting date, may be mailed to the draft Toxicological Review received Research Laboratory (NHEERL), USEPA, relevant SAB committee or prior to the end of the public comment (M–51A), Research Triangle Park, NC subcommittee prior to its meeting; period also will be considered in 27711. Technical questions regarding comments received too close to the revising the IRIS Summary. this document should also be directed meeting date will normally be provided DATES: The peer-review panel workshop to Dr. Vandenberg. to the committee at its meeting. Written The tentative agenda planned for this will begin on Wednesday, June 2, 1999, comments may be provided to the at 9:00 a.m. and end at 5:30 p.m. meeting calls for the Carbon Monoxide relevant committee or subcommittee up issue to be discussed all day on June Members of the public may attend as until the time of the meeting. observers, and there will be a limited 9th, the PM Research Strategy on the Additional information concerning time for comments from the public in morning of June 10th, and the Diesel the Science Advisory Board, its the afternoon. The 30-day public issue on the afternoon of June 10th. A structure, function, and composition, comment period begins May 21, 1999, draft agenda will be available may be found on the SAB Website and ends June 21, 1999. approximately two weeks prior to the (http://www.epa.gov/sab) and in The meeting. See below for information on Annual Report of the Staff Director ADDRESSES: The external peer-review obtaining a copy. which is available from the SAB panel workshop will be held at the For Further Information Concerning Publications Staff at (202) 260–4126 or Sheraton Crystal City Hotel, 1800 the Meeting: Members of the public via fax at (202) 260–1889. Jefferson Davis Highway, Arlington, desiring additional information about Individuals requiring special Virginia. The Syracuse Research the meeting should contact Mr. Robert accommodation at SAB meetings, Corporation, an EPA contractor, is Flaak, Designated Federal Officer, Clean including wheelchair access, should organizing, convening, and conducting Air Scientific Advisory Committee, contact Mr. Flaak at least five business the peer-review workshop. To attend the Science Advisory Board (1400), Room days prior to the meeting so that workshop, register by May 27, 1999, by 3702G, U.S. EPA, 401 M Street, SW, appropriate arrangements can be made. calling Tara Childs, Syracuse Research Washington, DC 20460; telephone/voice Donald G. Barnes, Corporation, 1215 Jefferson Davis Highway, Arlington VA 22202 at 703– mail at (202) 260–5133; fax at (202) 260– Staff Director, Science Advisory Board. 7118; or via e-mail at 413–9364, or send a facsimile to 703– . A copy of the [FR Doc. 99–12940 Filed 5–20–99; 8:45 am] 418–1044. Space is limited, and draft agenda will be available BILLING CODE 6560±50±P reservations will be accepted on a first- approximately two weeks prior to the come, first-served basis. There will be a meeting on the SAB website ENVIRONMENTAL PROTECTION limited time for comments from the (WWW.EPA.GOV/SAB) or from Ms. AGENCY public during the afternoon of the Diana Pozun at (202) 260–8432; FAX: workshop. Please let the Syracuse (202) 260–7118; or e-mail at: [FRL±6348±7] Research Corporation know if you wish . to make comments. Members of the public who wish to Draft Toxicological Review of Vinyl The draft Toxicological Review and make a brief oral presentation to the Chloride and IRIS Summary for Vinyl the draft IRIS Summary are available on Subcommittee must contact Mr. Flaak in Chloride the Internet at http://www.epa.gov/ncea writing (by letter or by fax—see AGENCY: Environmental Protection under the What’s New and Publications previously stated information) no later Agency. menus. A limited number of paper than 12 noon Eastern Time, Tuesday, ACTION: Notice of peer-review panel copies are available from the Technical June 1, 1999 in order to be included on workshop and public comment period. Information Staff (8623D), NCEA–W; the Agenda. Public comments will be telephone: 202–564–3261; facsimile: limited to ten minutes per speaker or SUMMARY: The U.S. Environmental 202–565–0050. If you are requesting a organization. The request should Protection Agency (EPA) is announcing paper copy, please provide your name,

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.169 pfrm07 PsN: 21MYN1 27786 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices mailing address, and the document Toxicological Review and is included to advise the contact listed below as soon titles, Toxicological Review of Vinyl provide interested parties with the as possible. Chloride (NCEA–S–0619) and IRIS proposed changes to the Agency’s ADDRESSES: Direct all comments to Les Summary for Vinyl Chloride. Copies are Integrated Risk Information System Smith, Federal Communications not available from the Syracuse (IRIS). While EPA is not soliciting Commissions, Room 1 A–804, 445 Research Corporation. comments on the IRIS Summary, any Twelfth Street, S.W., Washington, DC Comments may be mailed to the comments on the draft Toxicological 20554 or via the Internet to Technical Information Staff (8623D), Review received during the public [email protected]. NCEA–W, U.S. Environmental comment period also will be considered FOR FURTHER INFORMATION CONTACT: For Protection Agency, 401 M Street, S.W., in revising IRIS the Summary. additional information or copies of the Washington, DC 20460, or delivered to Dated: May 18, 1999. information collections contact Les the Technical Information Staff at 808 William H. Farland, Smith at (202) 418–0217 or via the 17th Street, N.W., 5th Floor, Internet at [email protected]. Washington, DC 20074; telephone: 202– Director, National Center for Environmental Assessment. SUPPLEMENTARY INFORMATION: 564–3261; facsimile: 202–565–0050. [FR Doc. 99–13017 Filed 5–20–99; 8:45 am] OMB Approval Number: 3060–0204. Comments should be in writing and Title: Section 90.38(b), Physically must be postmarked by June 21, 1999. BILLING CODE 6560±50±P Handicapped ‘‘Special Eligibility Please submit one unbound original Showing.’’ with pages numbered consecutively, Form Number: N/A. and three copies of the comments. For FEDERAL COMMUNICATIONS Type of Review: Extension of a attachments, provide an index, number COMMISSION currently approved collection. pages consecutively with the comments, Respondents: Individuals or and submit an unbound original and Public Information Collection(s) Being households. three copies. Electronic comments may Reviewed by the Federal Number of Respondents: 20. be emailed to: nceadc- Communications Commission for Estimated Time Per Response: 5 [email protected]. Extension Under Delegated Authority 5 minutes. Please note that all technical CFR Part 1320 Authority, Comments Frequency of Response: On occasion comments received in response to this Requested reporting requirements. notice will be placed in a public record. Total Annual Burden: 1 hour. For that reason, commentors should not May 12, 1999. Total Annual Cost: $50. submit personal information (such as SUMMARY: The Federal Communications Needs and Uses: Section 90.38(b) medical data or home address), Commission, as part of its continuing provides that persons claiming Confidential Business Information, or effort to reduce paperwork burden eligibility in the Special Emergency information protected by copyright. Due invites the general public and other Radio Service on the basis of being to limited resources, acknowledgments Federal agencies to take this physically handicapped must present a will not be sent. opportunity to comment on the physician’s statement indicating that FOR FURTHER INFORMATION CONTACT: For following information collection(s), as they are handicapped. Submission of workshop information, registration, and required by the Paperwork Reduction this information is necessary to ensure logistics, contact Tara Childs, Syracuse Act of 1995, Public Law 104–13. An that the frequencies are reserved for Research Corporation, 1215 Jefferson agency may not conduct or sponsor a licensing to handicapped individuals. Davis Highway, Arlington, Virginia collection of information unless it Commission personnel use the data to 22202; telephone: 703–413–9364; displays a currently valid control determine applicant eligibility. number. No person shall be subject to facsimile: 703–418–1044. Federal Communications Commission. For information on the public any penalty for failing to comply with Magalie Roman Salas, comment period, contact William a collection of information subject to the Pepelko, NCEA–W, telephone: 202– Paperwork Reduction Act (PRA) that Secretary. 564–3309; facsimile: 202–565–0078; or does not display a valid control number. [FR Doc. 99–12798 Filed 5–20–99; 8:45 am] email: [email protected]. Comments are requested concerning (a) BILLING CODE 6712±01±U SUPPLEMENTARY INFORMATION: The whether the proposed collection of Toxicological Review of Vinyl Chloride information is necessary for the proper performance of the functions of the FEDERAL COMMUNICATIONS will provide the scientific basis for COMMISSION classifying the weight-of-evidence for Commission, including whether the information shall have practical utility; the carcinogenicity of vinyl chloride, Public Information Collection(s) Being (b) the accuracy of the Commission’s deriving cancer potency estimates for Submitted to OMB for Review and burden estimate; (c) ways to enhance both the inhalation and oral route and Approval deriving an oral reference dose (RfD) the quality, utility, and clarity of the and inhalation reference concentration information collected; and (d) ways to May 12, 1999. (RfC) for the noncancer health risk from minimize the burden of the collection of SUMMARY: The Federal Communications exposure to vinyl chloride. information on the respondents, Commissions, as part of its continuing An earlier draft of the Toxicological including the use of automated effort to reduce paperwork burden Review was peer-reviewed at a collection techniques or other forms of invites the general public and other workshop in June 1997 and has been information technology. Federal agencies to take this revised based on comments received. DATES: Written comments should be opportunity to comment on the This is the second peer-review submitted on or before July 20, 1999. If following information collection, as workshop and the first public comment you anticipate that you will be required by the Paperwork Reduction period for this document. submitting comments, but find it Act of 1995, Public Law 104–13. An The IRIS Summary for Vinyl Chloride difficult to do so within the period of agency may not conduct or sponsor a is formulated from the contents of the time allowed by this notice, you should collection of information unless it

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.214 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27787 displays a currently valid control FEDERAL COMMUNICATIONS Frequency of Response: Biennially; number. No person shall be subject to COMMISSION and on occasion report requirements. any penalty for failing to comply with Total Annual Burden: 9,106 hours. a collection of information subject to the Public Information Collection(s) Total Annual Cost: $10,259,000. Paperwork Reduction Act (PRA) that Submitted to OMB for Review and Needs and Uses: Each licensee is does not display a valid control number. Approval required to file FCC Form 323 every Comments are requested concerning (a) May 12, 1999. other year on the anniversary date its whether the proposed collection of SUMMARY: The Federal Communications renewal application is required to be information is necessary for the proper Commission, as part of its continuing filed. Each permittee is required to file performance of the functions of the effort to reduce paperwork burden FCC Form 323 within 30 days of the Commission, including whether the invites the general public and other date of the grant by the FCC of an information shall have practical utility; Federal agencies to take this application for original construction (b) the accuracy of the Commission’s opportunity to comment on the permit, transfer of control, or burden estimate; (c) ways to enhance following information collection(s), as assignment of license. The data are used the quality, utility, and clarity of the required by the Paperwork Reduction by FCC staff to determine whether the information collected; and (d) ways to Act of 1995, Public Law 104–13. An licensee/permittee is abiding by the minimize the burden of the collection of agency may not conduct or sponsor a multiple ownership requirements as set information on the respondents, collection of information unless it down by the Commission’s Rules and is including the use of automated displays a currently valid control in compliance with the collection techniques or other forms of number. No person shall be subject to Communications Act of 1934, as information technology. any penalty for failing to comply with amended. DATES: Written comments should be a collection of information subject to the Federal Communications Commission. submitted on or before June 21, 1999. If Paperwork Reduction Act (PRA) that Magalie Roman Salas, you anticipate that you will be does not display a valid control number. Secretary. submitting comments, but find it Comments are requested concerning: (a) [FR Doc. 99–12797 Filed 5–20–99; 8:45 am] difficult to do so within the period of whether the proposed collection of time allowed by this notice, you should information is necessary for the proper BILLING CODE 6712±10±U advise the contact listed below as soon performance of the functions of the as possible. Commission, including whether the FEDERAL COMMUNICATIONS ADDRESSES: Direct all comments to Les information shall have practical utility; COMMISSION Smith, Federal Communications (b) the accuracy of the Commission’s Commission, Room 1–A804, 445 12th burden estimate; (c) ways to enhance Notice of Public Information Street, S.W., Washington, DC 20554 or the quality, utility, clarity of the Collection(s) Submitted to OMB for via the Internet to [email protected]. information collected; and (d) ways to Review and Approval minimize the burden of the collection of FOR FURTHER INFORMATION CONTACT: For information on the respondents, May 13, 1999. additional information or copies of the including the use of automated SUMMARY: The Federal Communications information collections contact Les information techniques or other forms of Commission, as part of its continuing Smith at (202) 418–0217 or via the information technology. effort to reduce paperwork burden Internet at [email protected]. DATES: Written comments should be invites the general public and other SUPPLEMENTARY INFORMATION: submitted on or before June 21, 1999. If Federal agencies to take this OMB Control Number: 3060–XXXX. you anticipate that you will be opportunity to comment on the Title: Certification of Completion of submitting comments, but find it following information collection, as Construction for an Instructional difficult to do so within the period of required by the Paperwork Reduction Television Fixed Service Station. time allowed by this notice, you should Act of 1995, Public Law 104–13. An Form Number: FCC 330–A. advise the contact listed below as soon agency may not conduct or sponsor a Type of Review: New collection. as possible. collection of information unless it Respondents: Not-for-profit ADDRESSES: Direct all comments to Les displays a currently valid control institutions; and State, Local, or Tribal Smith, Federal Communications, Room number. No person shall be subject to Government. 1 A–804, 445 Twelfth Street, S.W., any penalty for failing to comply with Number of Respondents: 65. Washington, DC 20554 or via the a collection of information subject to the Estimate Time Per Response: 30 mins. Internet to [email protected]. Paperwork Reduction Act (PRA) that does not display a valid control number. (0.5 hrs.). FOR FURTHER INFORMATION CONTACT: For Frequency of Response: On occasion additional information or copies of the Comments are requested concerning (a) reporting requirements. information collections contact Les whether the proposed collection of Total Annual Burden: 33 hours. Smith at (202) 418–0217 or via the information is necessary for the proper Total Annual Costs: None. Internet at [email protected]. performance of the functions of the Commission, including whether the Needs and Uses: FCC Form 330–A SUPPLEMENTARY INFORMATION: information shall have practical utility; will be used to certify that the facilities OMB Approval Number: 3060–0010. as authorized have been completed and Title: Ownership Report. (b) the accuracy of the Commission’s that the station is now operational, Form Number: FCC 323. burden estimate; (c) ways to enhance ready to provide service to the public. Type of Review: Extension of a the quality, utility, and clarity of the information collected; and (d) ways to Federal Communications Commission. currently approved collection. Respondents: Business and other for- minimize the burden of the collection of Magalie Roman Salas, profit entities. information on the respondents, Secretary. Number of Respondents: 10,020. including the use of automated [FR Doc. 99–12796 Filed 5–20–99; 8:45 am] Estimated Time Per Response: 0.5–1.0 collection techniques or other forms of BILLING CODE 6712±01±U hours. information technology.

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DATES: Written comments should be obligations. Without such information, FEDERAL EMERGENCY submitted on or before June 21, 1999. If the FCC could not determine whether MANAGEMENT AGENCY you anticipate that you will be DBS providers have compiled with their submitting comments, but find it obligations. [FEMA±1273±DR] difficult to do so within the period of Federal Communications Commission. time allowed by this notice, you should Kansas; Amendment No. 1 to Notice of advise the contact listed below as soon Magalie Roman Salas, a Major Disaster Declaration as possible. Secretary. ADDRESSES: Direct all comments to Les [FR Doc. 99–12851 Filed 5–20–99; 8:45 am] AGENCY: Federal Emergency Smith, Federal Communications BILLING CODE 6712±01±P Management Agency (FEMA). Commissions, 445 12th Street, SW, ACTION: Notice. Washington, DC 20554 or via the Internet to [email protected]. SUMMARY: FEDERAL EMERGENCY This notice amends the notice FOR FURTHER INFORMATION CONTACT: For of a major disaster for the State Kansas MANAGEMENT AGENCY additional information or copies of the (FEMA–1273–DR), dated May 4, 1999, information collections contact Les and related determinations. Smith at (202) 418–0217 or via the [FEMA±1271±DR] Internet at [email protected]. EFFECTIVE DATE: May 7, 1999. Georgia; Amendment No. 2 to Notice of SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: OMB Control Number: 3060–XXXX. a Major Disaster Declaration Madge Dale, Response and Recovery Title: Direct Broadcast Satellite Public Directorate, Federal Emergency AGENCY: Interest Obligations. Federal Emergency Management Agency, Washington, DC Form Number: N/A. Management Agency (FEMA). 20472, (202) 646–3772. Type of Review: New collection. ACTION: Notice. Respondents: Businesses or other for- SUPPLEMENTARY INFORMATION: Notice is profit entities; Individuals or hereby given that, in a letter dated May SUMMARY: households. This notice amends the notice 7, 1999, the President amended the cost- Number of Respondents: 8. of a major disaster for the State of sharing arrangements concerning Estimated Time per Response: 12 Georgia, (FEMA–1271–DR), dated April Federal funds provided under the hours. 20, 1999, and related determinations. authority of the Robert T. Stafford Frequency of Response: EFFECTIVE DATE: April 30, 1999. Disaster Relief and Emergency Recordkeeping. Assistance Act (42 U.S.C. 51521 et seq.), Total Annual Burden: 96 hours. FOR FURTHER INFORMATION CONTACT: in a letter to James L. Witt, Director of Total Annual Costs: $1,440. Madge Dale, Response and Recovery the Federal Emergency Management Needs and Uses: The Commission Directorate, Federal Emergency Agency, as follows: imposes public interest obligations Management Agency, Washington, DC I have determined that the damage in upon providers of Direct Broadcast 20472, (202) 646–3772. certain areas of the State of Kansas, resulting Satellite (DBS) Services, to grant access from severe storms and tornadoes on May 3, SUPPLEMENTARY INFORMATION: The notice for political candidate advertising and 1999, and continuing is of sufficient severity to reserve four per cent of channel of a major disaster for the State of and magnitude that the provision of direct capacity for educational and Georgia is hereby amended to include Federal assistance to ensure public health informational programming. Once the the Public Assistance program in those and safety is warranted under the Robert T. Report and Order comes into effect, areas determined to have been adversely Stafford Disaster Relief and Emergency Assistance Act (‘‘the Stafford Act’’). every DBS licensee will be required to affected by the catastrophe declared a major disaster by the President in his Therefore, I amend my declaration of May maintain a public file at its headquarters 4, 1999, to provide that the Federal that contains: (i) annual measurements declaration of April 20, 1999: Emergency Management Agency (FEMA) of channel capacity and average Dooly County for Public Assistance may reimburse 100 percent of the costs of calculations on which it bases its four (already designated for Individual debris removal and emergency protective percent reservation; (ii) a record of Assistance). measures (Categories A and B) under the entities to which educational and Public Assistance program, including direct (The following Catalog of Federal Domestic Federal assistance effective May 4, 1999, informational programming capacity is Assistance Numbers (CFDA) are to be used provided, the amount of capacity through May 7, 1999. This assistance may be for reporting and drawing funds: 83.537, provided to all counties designated under the provided to each entity, the conditions Community Disaster Loans; 83.538, Cora major disaster declaration. You may extend under which it is being provided, and Brown Fund Program; 83.539, Crisis this assistance for an additional period of the rates, if any, being paid by each Counseling; 83.540, Disaster Legal Services time, if warranted. entity; (iii) a record of the entities that Program; 83.541, Disaster Unemployment Please notify the Governor of Kansas and have requested capacity and the Assistance (DUA); 83.542, Fire Suppression the Federal Coordinating Officer of this disposition of those requests; and (iv) a Assistance; 83.543, Individual and Family amendment to my major disaster declaration. record of all requests for channel time Grant (IFG) Program; 83.544, Public (The following Catalog of Federal Domestic made by political candidates and the Assistance Grants; 83.545, Disaster Housing Assistance Numbers (CFDA) are to be used disposition of those requests. Program; 83.548, Hazard Mitigation Grant for reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora Statutory authority for collection of Program.) this information is contained in 47 Brown Fund Program; 83.539, Crisis Robert J. Adamcik, Counseling; 83.540, Disaster Legal Services U.S.C. Sections 335, 315, and 312(a)(7). Deputy Associate Director, Response and Program; 83.541, Disaster Unemployment The information will be used by the Recovery Directorate. Assistance (DUA); 83.542, Fire Suppression FCC and interested members of the [FR Doc. 99–12923 Filed 5–20–99; 8:45 am] Assistance; 83.543, Individual and Family public to monitor DBS providers’ Grant (IFG) Program; 83.544, Public compliance with public interest BILLING CODE 6718±02±P Assistance Grants; 83.545, Disaster Housing

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Program; 83.548, Hazard Mitigation Grant FEDERAL EMERGENCY Directorate, Federal Emergency Program.) MANAGEMENT AGENCY Management Agency, Washington, DC James L. Witt, 20472, (202) 646–3772. [FEMA±1273±DR] Director. SUPPLEMENTARY INFORMATION: The notice [FR Doc. 99–12915 Filed 5–20–99; 8:45 am] Kansas; Amendment No. 3 to Notice of of a major disaster for the State of BILLING CODE 6718±02±P a Major Disaster Declaration Kansas is hereby amended to include Categories C through G under the Public AGENCY: Federal Emergency Assistance Program in the following Management Agency (FEMA). FEDERAL EMERGENCY area among those areas determined to ACTION: MANAGEMENT AGENCY Notice. have been adversely affected by the catastrophe declared a major disaster by SUMMARY: This notice amends the notice the President in his declaration of May [FEMA±1273±DR] of a major disaster for the State of 4, 1999: Kansas, (FEMA–1273–DR), dated May 4, Kansas; Amendment No. 2 to Notice of 1999, and related determinations. Sedgwick County for Categories C through G under the Public Assistance Program a Major Disaster Declaration EFFECTIVE DATE: May 11, 1999. (already designated for Individual Assistance FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Emergency and debris removal and emergency protective Madge Dale, Response and Recovery measures (Categories A and B) under the Management Agency (FEMA). Directorate, Federal Emergency Public Assistance Program. ACTION: Notice. Management Agency, Washington, DC (The following Catalog of Federal Domestic 20472, (202) 646–3772. Assistance Numbers (CFDA) are to be used SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: The notice for reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora of a major disaster for the State of of a major disaster for the State of Kansas is hereby amended to include Brown Fund Program; 83.539, Crisis Kansas (FEMA–1273–DR), dated May 4, Counseling; 83.540, Disaster Legal Services 1999, and related determinations. the following areas among those areas Program; 83.541, Disaster Unemployment determined to have been adversely Assistance (DUA); 83.542, Fire Suppression EFFECTIVE DATE: May 7, 1999. affected by the catastrophe declared a Assistance; 83.543, Individual and Family FOR FURTHER INFORMATION CONTACT: major disaster by the President in his Grant (IFG) Program; 83.544, Public Madge Dale, Response and Recovery declaration of May 4, 1999: Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant Reno and Sumner Counties for Individual Directorate, Federal Emergency Program.) Management Agency, Washington, DC Assistance. Lacy E. Suiter, 20472, (202) 646–3772. (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Executive Associate Director, Response and SUPPLEMENTARY INFORMATION: Notice is for reporting and drawing funds: 83.537, Recovery Directorate. hereby given that as authorized by the Community Disaster Loans; 83.538, Cora [FR Doc. 99–12918 Filed 5–20–99; 8:45 am] President in a letter dated May 7, 1999, Brown Fund Program; 83.539, Crisis BILLING CODE 6718±02±P FEMA is extending the time period for Counseling; 83.540, Disaster Legal Services debris removal, both by Direct Federal Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression Assistance and reimbursement to State FEDERAL EMERGENCY Assistance; 83.543, Individual and Family MANAGEMENT AGENCY and local governments, at 100 percent Grant (IFG) Program; 83.544, Public Federal funding for eligible debris Assistance Grants; 83.545, Disaster Housing [FEMA±1272±DR] removal work approved by FEMA Program; 83.548, Hazard Mitigation Grant through June 3, 1999 for the State of Program.) Oklahoma; Amendment No. 2 to Notice Kansas. The end of the time period for Lacy E. Suiter, of a Major Disaster Declaration Executive Associate Director, Response and emergency protective measures at 100 AGENCY: Federal Emergency Recovery Directorate. percent Federal funding remains at May Management Agency (FEMA). [FR Doc. 99–12917 Filed 5–20–99; 8:45 am] 7, 1999. ACTION: Notice. BILLING CODE 6718±02±P (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used SUMMARY: This notice amends the notice for reporting and drawing funds: 83.537, of a major disaster for the State of FEDERAL EMERGENCY Oklahoma, (FEMA–1272–DR), dated Community Disaster Loans; 83.538, Cora MANAGEMENT AGENCY Brown Fund Program; 83.539, Crisis May 5, 1999, and related Counseling; 83.540, Disaster Legal Services [FEMA±1273±DR] determinations. Program; 83.541, Disaster Unemployment EFFECTIVE DATE: May 7, 1999. Kansas; Amendment No. 4 to Notice of Assistance (DUA); 83.542, Fire Suppression FOR FURTHER INFORMATION CONTACT: a Major Disaster Declaration Assistance; 83.543, Individual and Family Madge Dale, Response and Recovery Grant (IFG) Program; 83.544, Public AGENCY: Federal Emergency Directorate, Federal Emergency Assistance Grants; 83.545, Disaster Housing Management Agency (FEMA). Management Agency, Washington, DC Program; 83.548, Hazard Mitigation Grant ACTION: Notice. 20472, (202) 646–3772. Program.) SUPPLEMENTARY INFORMATION: The notice Robert J. Adamcik, SUMMARY: This notice amends the notice of a major disaster for the State of Deputy Associate Director. of a major disaster for the State of Oklahoma is hereby amended to include [FR Doc. 99–12916 Filed 5–20–99; 8:45 am] Kansas, (FEMA–1273–DR), dated May 4, the following areas among those areas 1999, and related determinations. BILLING CODE 6718±02±P determined to have been adversely EFFECTIVE DATE: May 13, 1999. affected by the catastrophe declared a FOR FURTHER INFORMATION CONTACT: major disaster by the President in his Madge Dale, Response and Recovery declaration of May 4, 1999:

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Canadian, Craig, Le Flore, Ottawa, and Program; 83.548, Hazard Mitigation Grant FEDERAL EMERGENCY Noble Counties for Individual Assistance. Program.) MANAGEMENT AGENCY (The following Catalog of Federal Domestic Lacy E. Suiter, [FEMA±1272±DR] Assistance Numbers (CFDA) are to be used Executive Associate Director, Response and for reporting and drawing funds: 83.537, Recovery Directorate. Community Disaster Loans; 83.538, Cora Oklahoma; Amendment No. 5 to Notice [FR Doc. 99–12925 Filed 5–20–99; 8:45 am] Brown Fund Program; 83.539, Crisis of a Major Disaster Declaration Counseling; 83.540, Disaster Legal Services BILLING CODE 6718±02±P Program; 83.541, Disaster Unemployment AGENCY: Federal Emergency Assistance (DUA); 83.542, Fire Suppression Management Agency (FEMA). Assistance; 83.543, Individual and Family FEDERAL EMERGENCY ACTION: Notice. Grant (IFG) Program; 83.544, Public MANAGEMENT AGENCY Assistance Grants; 83.545, Disaster Housing SUMMARY: This notice amends the notice of a major disaster for the State of Program; 83.548, Hazard Mitigation Grant [FEMA±1272±DR] Program.) Oklahoma, (FEMA–1272–DR), dated Lacy E. Suiter, Oklahoma; Amendment No. 4 to Notice May 5, 1999, and related Executive Associate Director, Response and of a Major Disaster Declaration determinations. Recovery Directorate. EFFECTIVE DATE: May 12, 1999. [FR Doc. 99–12924 Filed 5–20–99; 8:45 am] AGENCY: Federal Emergency FOR FURTHER INFORMATION CONTACT: BILLING CODE 6718±02±P Management Agency (FEMA). Madge Dale, Response and Recovery Directorate, Federal Emergency ACTION: Notice. Management Agency, Washington, DC FEDERAL EMERGENCY 20472, (202) 646–3772. SUMMARY: This notice amends the notice MANAGEMENT AGENCY SUPPLEMENTARY INFORMATION: The notice of a major disaster for the State of a major disaster for the State of Oklahoma (FEMA–1272-DR), dated May [FEMA±1272±DR] Oklahoma is hereby amended to include 4, 1999, and related determinations. the following areas among those areas Oklahoma; Amendment Number 3 to EFFECTIVE DATE: May 7, 1999. determined to have been adversely Notice of a Major Disaster Declaration affected by the catastrophe declared a FOR FURTHER INFORMATION CONTACT: major disaster by the President in his AGENCY: Federal Emergency Madge Dale, Response and Recovery declaration of May 4, 1999: Management Agency (FEMA). Directorate, Federal Emergency Management Agency, Washington, DC Grady, Lincoln, Logan, and Oklahoma ACTION: Notice. Counties for Categories C through G under 20472, (202) 646–3772. the Public Assistance program (already SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: Notice is designated for Categories A and B and of a major disaster for the State of hereby given that as authorized by the Individual Assistance). Oklahoma (FEMA–1272–DR), dated Canadian, Craig, and Noble Counties for President in a letter dated May 5, 1999, Public Assistance (already designated for May 4, 1999, and related FEMA is extending the time period for Individual Assistance). determinations. debris removal, both by Direct Federal (The following Catalog of Federal Domestic EFFECTIVE DATE: May 7, 1999. Assistance and reimbursement to State Assistance Numbers (CFDA) are to be used and local governments, at 100 percent for reporting and drawing funds: 83.537, FOR FURTHER INFORMATION CONTACT: Federal funding for eligible debris Community Disaster Loans; 83.538, Cora Madge Dale, Response and Recovery removal work approved by FEMA Brown Fund Program; 83.539, Crisis Directorate, Federal Emergency through June 3, 1999 for the State of Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment Management Agency, Washington, DC Oklahoma. The end of the time period 20472, (202) 646–3772. Assistance (DUA); 83.542, Fire Suppression for emergency protective measures at Assistance; 83.543, Individual and Family SUPPLEMENTARY INFORMATION: Notice is 100 percent Federal funding remains at Grant (IFG) Program; 83.544, Public hereby given that the incident type for May 7, 1999. Assistance Grants; 83.545, Disaster Housing this disaster is amended to include Program; 83.548, Hazard Mitigation Grant (The following Catalog of Federal Domestic Program.) flooding. Notice is also given that the Assistance Numbers (CFDA) are to be used Lacy E. Suiter, incident period for this disaster which for reporting and drawing funds: 83.537, Executive Associate Director, Response and was May 3–4, 1999, is now expanded to Community Disaster Loans; 83.538, Cora Recovery Directorate. allow for additional damage resulting Brown Fund Program; 83.539, Crisis from continuing tornadoes, severe Counseling; 83.540, Disaster Legal Services [FR Doc. 99–12927 Filed 5–20–99; 8:45 am] storms, and flooding. The incident Program; 83.541, Disaster Unemployment BILLING CODE 6718±02±P period for this declared disaster is May Assistance (DUA); 83.542, Fire Suppression 3–5, 1999. Assistance; 83.543, Individual and Family Grant (IFG) Program; 83.544, Public FEDERAL EMERGENCY (The following Catalog of Federal Domestic MANAGEMENT AGENCY Assistance Numbers (CFDA) are to be used Assistance Grants; 83.545, Disaster Housing for reporting and drawing funds: 83.537, Program; 83.548, Hazard Mitigation Grant [FEMA±1272±DR] Community Disaster Loans; 83.538, Cora Program) Brown Fund Program; 83.539, Crisis Lacy E. Suiter, Oklahoma; Amendment No. 6 to Notice Counseling; 83.540, Disaster Legal Services Executive Associate Director, Response and of a Major Disaster Declaration Program; 83.541, Disaster Unemployment Recovery Directorate. Assistance (DUA); 83.542, Fire Suppression AGENCY: Federal Emergency Assistance; 83.543, Individual and Family [FR Doc. 99–12926 Filed 5–20–99; 8:45 am] Management Agency (FEMA). Grant (IFG) Program; 83.544, Public BILLING CODE 6718±02±P ACTION: Notice. Assistance Grants; 83.545, Disaster Housing

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SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: Notice is Assistance; 83.543, Individual and Family of a major disaster for the State of hereby given that, in a letter dated May Grant (IFG) Program; 83.544, Public Oklahoma, (FEMA–1272–DR), dated 12, 1999, the President declared a major Assistance Grants; 83.545, Disaster Housing May 5, 1999, and related disaster under the authority of the Program; 83.548, Hazard Mitigation Grant Program.) determinations. Robert T. Stafford Disaster Relief and James L. Witt, EFFECTIVE DATE: May 13, 1999. Emergency Assistance Act (42 U.S.C. Director. FOR FURTHER INFORMATION CONTACT: 5121 et seq.), as follows: [FR Doc. 99–12922 Filed 5–20–99; 8:45 am] Madge Dale, Response and Recovery I have determined that the damage in Directorate, Federal Emergency certain areas of the State of Tennessee, BILLING CODE 6718±02±P Management Agency, Washington, DC resulting from severe storms, tornadoes and 20472, (202) 646–3772. flooding on May 5, 1999, and continuing, is of sufficient severity and magnitude to FEDERAL EMERGENCY SUPPLEMENTARY INFORMATION: The notice warrant a major disaster declaration under MANAGEMENT AGENCY of a major disaster for the State of the Robert T. Stafford Disaster Relief and Oklahoma is hereby amended to include Emergency Assistance Act, P.L. 93–288, as [FEMA±1274±DR] the following areas among those areas amended (‘‘the Stafford Act’’). I, therefore, declare that such a major disaster exists in Texas; Major Disaster and Related determined to have been adversely Determinations affected by the catastrophe declared a the State of Tennessee. In order to provide Federal assistance, you major disaster by the President in his AGENCY: Federal Emergency are hereby authorized to allocate from funds declaration of May 4, 1999: available for these purposes, such amounts as Management Agency (FEMA). Caddo, Cleveland, Kingfisher, McClain, you find necessary for Federal disaster ACTION: Notice. and Pottawatomie Counties for Categories C assistance and administrative expenses. through G under the Public Assistance You are authorized to provide Individual SUMMARY: This is a notice of the program (already designated for Individual Assistance, Public Assistance, and Hazard Presidential declaration of a major Assistance and Categories A and B under the Mitigation in the designated areas. Consistent disaster for the State of Texas (FEMA– Public Assistance Program). with the requirement that Federal assistance 1274–DR), dated May 6, 1999, and Okmulgee and Payne Counties for Public be supplemental, any Federal funds provided related determinations. Assistance. under the Stafford Act for Public Assistance EFFECTIVE DATE: May 6, 1999. (The following Catalog of Federal Domestic or Hazard Mitigation will be limited to 75 Assistance Numbers (CFDA) are to be used percent of the total eligible costs. FOR FURTHER INFORMATION CONTACT: for reporting and drawing funds: 83.537, Further, you are authorized to make Madge Dale, Response and Recovery Community Disaster Loans; 83.538, Cora changes to this declaration to the extent Directorate, Federal Emergency Brown Fund Program; 83.539, Crisis allowable under the Stafford Act. Management Agency, Washington, DC Counseling; 83.540, Disaster Legal Services The time period prescribed for the 20472, (202) 646–3772. Program; 83.541, Disaster Unemployment implementation of section 310(a), SUPPLEMENTARY INFORMATION: Notice is Assistance (DUA); 83.542, Fire Suppression Priority to Certain Applications for hereby given that, in a letter dated May Assistance; 83.543, Individual and Family Public Facility and Public Housing 6, 1999, the President declared a major Grant (IFG) Program; 83.544, Public Assistance, 42 U.S.C. 5153, shall be for Assistance Grants; 83.545, Disaster Housing disaster under the authority of the Program; 83.548, Hazard Mitigation Grant a period not to exceed six months after Robert T. Stafford Disaster Relief and Program.) the date of this declaration. Emergency Assistance Act (42 U.S.C. Notice is hereby given that pursuant Lacy E. Suiter, 5121 et seq.), as follows: to the authority vested in the Director of Executive Associate Director, Response and the Federal Emergency Management I have determined that the damage in Recovery Directorate. certain areas of the State of Texas, resulting Agency under Executive Order 12148, I [FR Doc. 99–12929 Filed 5–20–99; 8:45 am] from severe storms and tornadoes on May 4, hereby appoint Paul W. Fay of the 1999, is of sufficient severity and magnitude BILLING CODE 6718±02±P Federal Emergency Management Agency to warrant a major disaster declaration under to act as the Federal Coordinating the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93–288, as FEDERAL EMERGENCY Officer for this declared disaster. I do hereby determine the following amended (‘‘the Stafford Act’’). MANAGEMENT AGENCY areas of the State of Tennessee to have I, therefore, declare that such a major [FEMA±1275±DR] been affected adversely by this declared disaster exists in the State of Texas. major disaster: In order to provide Federal assistance, you Tennessee; Major Disaster and Related are hereby authorized to allocate from funds Determinations Cheatham, Chester, Davidson, Decatur, available for these purposes, such amounts as Dickson, Hardeman, Hardin, Henderson, you find necessary for Federal disaster AGENCY: Federal Emergency Hickman, Houston, Humphreys, Lawrence, assistance and administrative expenses. Management Agency (FEMA). McNairy, Perry, Stewart, White, and You are authorized to provide Individual Williamson Counties for Individual Assistance, debris removal and emergency ACTION: Notice. Assistance and Public Assistance. protective measures (Categories A and B) under the Public Assistance program, and SUMMARY: This is a notice of the All counties within the State of Hazard Mitigation in the designated areas. Presidential declaration of a major Tennessee are eligible to apply for assistance under the Hazard Mitigation Further, you are authorized to provide other disaster for the State of Tennessee categories of assistance under the Public (FEMA–1275–DR), dated May 12, 1999, Grant Program. Assistance program, if warranted. Consistent and related determinations. (The following Catalog of Federal Domestic with the requirement that Federal assistance EFFECTIVE DATE: May 12, 1999. Assistance Numbers (CFDA) are to be used be supplemental, any Federal funds provided for reporting and drawing funds: 83.537, under the Stafford Act for Public Assistance FOR FURTHER INFORMATION CONTACT: Community Disaster Loans; 83.538, Cora or Hazard Mitigation will be limited to 75 Madge Dale, Response and Recovery Brown Fund Program; 83.539, Crisis percent of the total eligible costs. Directorate, Federal Emergency Counseling; 83.540, Disaster Legal Services Further, you are authorized to make Management Agency, Washington, DC Program; 83.541, Disaster Unemployment changes to this declaration to the extent 20472, (202) 646–3772. Assistance (DUA); 83.542, Fire Suppression allowable under the Stafford Act.

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The time period prescribed for the is hereby amended to include the Brown Fund Program; 83.539, Crisis implementation of section 310(a), following areas among those areas Counseling; 83.540, Disaster Legal Services Priority to Certain Applications for determined to have been adversely Program; 83.541, Disaster Unemployment Public Facility and Public Housing affected by the catastrophe declared a Assistance (DUA); 83.542, Fire Suppression Assistance, 42 U.S.C. 5153, shall be for major disaster by the President in his Assistance; 83.543, Individual and Family Grant (IFG) Program; 83.544, Public a period not to exceed six months after declaration of May 6,1999: Assistance Grants; 83.545, Disaster Housing the date of this declaration. Red River County for Individual Program; 83.548, Hazard Mitigation Grant Notice is hereby given that pursuant Assistance. Program.) to the authority vested in the Director of (The following Catalog of Federal Domestic Lacy E. Suiter, the Federal Emergency Management Assistance Numbers (CFDA) are to be used Executive Associate Director, Response and Agency under Executive Order 12148, I for reporting and drawing funds: 83.537, Recovery Directorate. hereby appoint Sharon L. Stoffel of the Community Disaster Loans; 83.538, Cora [FR Doc. 99–12921 Filed 5–20–99; 8:45 am] Federal Emergency Management Agency Brown Fund Program; 83.539, Crisis to act as the Federal Coordinating Counseling; 83.540, Disaster Legal Services BILLING CODE 6718±02±P Officer for this declared disaster. Program; 83.541, Disaster Unemployment I do hereby determine the following Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family FEDERAL EMERGENCY areas of the State of Texas to have been Grant (IFG) Program; 83.544, Public MANAGEMENT AGENCY affected adversely by this declared Assistance Grants; 83.545, Disaster Housing major disaster: Program; 83.548, Hazard Mitigation Grant Open Meeting, Advisory Committee for Bowie County for Individual Assistance Program.) the National Urban Search and Rescue and Debris removal and emergency Lacy E. Suiter, Response System protective measures (Categories A and B) Executive Associate Director, Response and under the Public Assistance program. Recovery Directorate. AGENCY: Federal Emergency All counties within the State of Texas [FR Doc. 99–12920 Filed 5–20–99; 8:45 am] Management Agency (FEMA). are eligible to apply for assistance under BILLING CODE 6718±02±P ACTION: Notice of open meeting. the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic SUMMARY: In accordance with section FEDERAL EMERGENCY Assistance Numbers (CFDA) are to be used 10(a)(2) of the Federal Advisory MANAGEMENT AGENCY for reporting and drawing funds: 83.537, Committee Act (Public Law 92–463, 5 Community Disaster Loans; 83.538, Cora [FEMA±1274±DR] U.S.C. App.), announcement is made of Brown Fund Program; 83.539, Crisis the following committee meeting: Counseling; 83.540, Disaster Legal Services Texas; Amendment No. 2 to Notice of Program; 83.541, Disaster Unemployment a Major Disaster Declaration Name: Advisory Committee for the Assistance (DUA); 83.542, Fire Suppression National Urban Search and Rescue Response Assistance; 83.543, Individual and Family AGENCY: Federal Emergency System. Grant (IFG) Program; 83.544, Public Management Agency (FEMA). Date of Meeting: July 29–30, 1999. Assistance Grants; 83.545, Disaster Housing Place: Cavanaughs Olympus Hotel, 161 Program; 83.548, Hazard Mitigation Grant ACTION: Notice. West 600 South, Salt Lake City, UT 84101. Program.) Time: July 29, 1999: 8:00 a.m.—5:00 p.m.; SUMMARY: This notice amends the notice James L. Witt, July 30, 1999: 8:00 a.m.—5:00 p.m., of a major disaster for the State of Texas, Proposed Agenda: The committee will be Director. (FEMA–1274–DR), dated May 6, 1999, provided with a program update that will [FR Doc. 99–12919 Filed 5–20–99; 8:45 am] and related determinations. address the status of program reviews and BILLING CODE 6718±02±P EFFECTIVE DATE: May 13, 1999. ongoing projects, functional training and program support efforts, and budgets for the FOR FURTHER INFORMATION CONTACT: Urban Search and Rescue Program. The FEDERAL EMERGENCY Madge Dale, Response and Recovery committee will review and discuss current MANAGEMENT AGENCY Directorate, Federal Emergency Working Group activities. Other items for Management Agency, Washington, DC discussion may include documentation, Task [FEMA±1274±DR] 20472, (202) 646–3772. Force spending, functional training methodologies, and program strategic SUPPLEMENTARY INFORMATION: The notice Texas; Amendment No. 1 to Notice of planning and budgeting. of a major disaster for the State of Texas a Major Disaster Declaration The meeting will be open to the public, is hereby amended to include Categories with approximately 20 seats available on a AGENCY: Federal Emergency C through G under the Public Assistance first-come, first-served basis. All members of Management Agency (FEMA). Program in the following area among the public interested in attending should ACTION: Notice. those areas determined to have been contact Mark R. Russo, at 202–646–2701. adversely affected by the catastrophe Minutes of the meeting will be prepared SUMMARY: This notice amends the notice declared a major disaster by the and will be available for public viewing at of a major disaster for the State of Texas, President in his declaration of May the Federal Emergency Management Agency, (FEMA–1274–DR), dated May 6, 1999, 6,1999: Operations and Planning Division, Response and Recovery Directorate, 500 C Street, SW, and related determinations. Bowie County for Categories C through G Washington DC 20472. Copies of the minutes EFFECTIVE DATE: May 13, 1999. under the Public Assistance Program (already will be available upon request 30 days after FOR FURTHER INFORMATION CONTACT: designated for Individual Assistance and the meeting. Madge Dale, Response and Recovery debris removal and emergency protective Dated: May 17, 1999. measures (Categories A and B) under the Lacy E. Suiter, Directorate, Federal Emergency Public Assistance Program). Management Agency, Washington, DC Executive Associate Director, Response & (The following Catalog of Federal Domestic Recovery Directorate. 20472, (202) 646–3772. Assistance Numbers (CFDA) are to be used SUPPLEMENTARY INFORMATION: The notice for reporting and drawing funds: 83.537, [FR Doc. 99–12928 Filed 5–20–99; 8:45 am] of a major disaster for the State of Texas Community Disaster Loans; 83.538, Cora BILLING CODE 6718±02±P

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FEDERAL RESERVE SYSTEM Owensboro, Kentucky; First United SUMMARY: The Board requests comment Bancshares, Inc., Glasgow, Kentucky, on the benefits and drawbacks of Formations of, Acquisitions by, and and thereby indirectly acquire South modifying the Federal Reserve Banks’ Mergers of Bank Holding Companies Central Bank of Barren County, Inc., pricing practices and deposit deadlines Glasgow, Kentucky; and United Central for ACH transactions they exchange The companies listed in this notice Bancshares, Inc., Bowling Green, with private-sector ACH operators. have applied to the Board for approval, Kentucky, and thereby indirectly These modifications may have pursuant to the Bank Holding Company acquire South Central Bank of Bowling implications for competition in the Act of 1956 (12 U.S.C. 1841 et seq.) Green, Inc., Bowling Green, Kentucky. provision of ACH services, for the (BHC Act), Regulation Y (12 CFR Part In connection with this application, efficiency of the ACH system, and for 225), and all other applicable statutes South Central Bancshares of River City, long-term ACH volume growth. and regulations to become a bank Inc., Owensboro, Kentucky; also has DATES: holding company and/or to acquire the Comments must be submitted on applied to become a bank holding assets or the ownership of, control of, or or before August 6, 1999. company by acquiring 100 percent of the power to vote shares of a bank or ADDRESSES: Comments should refer to the voting shares of South Central Bank bank holding company and all of the Docket No. R–1037 and may be mailed of Daviess County, Inc.,Owensboro, banks and nonbanking companies to Ms. Jennifer J. Johnson, Secretary, Kentucky. owned by the bank holding company, Board of Governors of the Federal including the companies listed below. Board of Governors of the Federal Reserve Reserve System, 20th Street and The applications listed below, as well System, May 17, 1999. Constitution Avenue, N.W., as other related filings required by the Robert deV. Frierson, Washington, D.C. 20551. Comments Board, are available for immediate Associate Secretary of the Board. may also be delivered to the Board’s inspection at the Federal Reserve Bank [FR Doc. 99–12833 Filed 5–20–99; 8:45 am] mail room between 8:45 a.m. and 5:15 p.m. on weekdays, and to the security indicated. The application also will be BILLING CODE 6210±01±F available for inspection at the offices of control room at all other times. The mail the Board of Governors. Interested room and the security control rooms are persons may express their views in FEDERAL RESERVE SYSTEM accessible from the courtyard entrance writing on the standards enumerated in on 20th Street between Constitution the BHC Act (12 U.S.C. 1842(c)). If the Formations of, Acquisitions by, and Avenue and C Street, N.W. Comments proposal also involves the acquisition of Mergers of Bank Holding Companies; will be available for inspection and a nonbanking company, the review also Correction copying by members of the public in the Freedom of Information Office, Room includes whether the acquisition of the This notice corrects a notice (FR Doc. nonbanking company complies with the MP–500, between 9:00 a.m. and 5:00 99-12291) published on page 26759 of p.m. weekdays, except as provided in standards in section 4 of the BHC Act. the issue for Monday, May 17, 1999. Unless otherwise noted, nonbanking Section 261.8 of the Board’s Rules Under the Federal Reserve Bank of Regarding Availability of Information. activities will be conducted throughout Chicago heading, the entry for Republic FOR FURTHER INFORMATION CONTACT: Jack the United States. Bancorp, Ann Arbor, Michigan, is K. Walton II, Manager (202/452–2660); Unless otherwise noted, comments revised to read as follows: regarding each of these applications A. Federal Reserve Bank of Chicago Michele Braun, Project Leader (202/ must be received at the Reserve Bank (Philip Jackson, Applications Officer) 452–2819); or Jeffrey S. H. Yeganeh, indicated or the offices of the Board of 230 South LaSalle Street, Chicago, Senior Financial Services Analyst (202/ Governors not later than June 14, 1999. Illinois 60690-1413: 728–5801); for the hearing impaired A. Federal Reserve Bank of 1. Republic Bancorp, Ann Arbor, only, contact Diane Jenkins, Richmond (A. Linwood Gill III, Michigan; to acquire D&N Bank, Telecommunication Device for the Deaf Assistant Vice President) 701 East Byrd Hancock, Michigan, upon conversion (TDD) (202/452–3544). Street, Richmond, Virginia 23261-4528: from a federally-chartered savings bank SUPPLEMENTARY INFORMATION: 1. HCNB Bancorp, Inc., Rockville, to a state chartered savings bank. I. Background Maryland; to become a bank holding Comments on this application must company by acquiring 100 percent of be received by June 1, 1999. The Federal Reserve Banks are the voting shares of Harbor Capital collectively the largest ACH operator, Board of Governors of the Federal Reserve processing more than 80 percent of National Bank, Rockville, Maryland (in System, May 17, 1999. commercial interbank ACH transactions organization). Robert deV. Frierson, 2. M&F Bancorp, Inc., Durham, North as well as all ACH transactions initiated Associate Secretary of the Board. Carolina; to become a bank holding by the Federal government. Private- company by acquiring 100 percent of [FR Doc. 99–12834 Filed 5–20–99; 8:45 am] sector ACH operators (PSOs) process the the voting shares of Merchants and BILLING CODE 6210±01±F remaining transactions and typically Farmers Bank, Durham, North Carolina. provide services, including processing B. Federal Reserve Bank of St. Louis and settling ACH transactions, similar to FEDERAL RESERVE SYSTEM 1 (Randall C. Sumner, Vice President) 411 those offered by the Reserve Banks. Locust Street, St. Louis, Missouri 63102- [Docket No. R±1037] PSOs also use the Reserve Banks’ ACH 2034: 1. South Central Bancshares of Modifying Federal Reserve ACH 1 The National Automated Clearing House Kentucky, Inc., Horse Cave, Kentucky; to Operations and Pricing Practices Association is currently considering modifications Relative to Private-Sector ACH to its definition of an ACH operator. For the become a bank holding company by purposes of this notice, a PSO is considered to be acquiring 100 percent of the voting Operators any entity that provides ACH services similar to shares of South Central Bancshares of those of the Reserve Banks. Currently, Electronic AGENCY: Board of Governors of the Payments Network (formerly, New York Automated River City, Inc., Owensboro, Kentucky, Federal Reserve System. Clearing House), Visa, and American Clearing and thereby indirectly acquire South ACTION: Notice; request for comments. House are considered, within the industry, to be Central Bank of Daviess County, Inc., private-sector operators.

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.002 pfrm07 PsN: 21MYN1 27794 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices services for processing transactions in efficiency of the payments mechanism correspondents, for the purpose of which either the originating depository and to ensure the provision of payment settling ACH transactions and fees. financial institution (ODFI) or receiving services to all depository institutions on On the other hand, PSOs do not have depository financial institution (RDFI) is an equitable basis, and to do so in an the similar contractual arrangements to not their customer. atmosphere of competitive fairness.’’ 5 In charge ODFIs or RDFIs that are not their The Reserve Banks’ relatively large addition, the Board’s standards for customers. That is, PSOs are not able to market share may be attributed, in part, priced services activities note that charge an RDFI per-item fees for to their involvement in creating a ‘‘Federal Reserve actions are transactions they transmit through the nationwide ACH network, in the early implemented in a manner that ensures Reserve Banks nor are PSOs able to 1970s, for exchanging transactions fairness to other providers of payment charge an ODFI per-item fees for between all depository institutions and services.’’ 6 transactions they receive from the to substantial scale and scope II. Current Federal Reserve Practices Reserve Banks. Further, the Reserve economies in processing ACH Banks do not pay file fees for files transactions.2 Some industry The Reserve Banks have generally provided to the PSOs. representatives, however, believe that treated PSOs similar to third-party the Reserve Banks’ price and service processors, that is, as agents of the III. Request for Comment level policies have, at least in part, depository institutions for which they A. Reserve Bank ACH Customers contributed to the Reserve Banks’ send or receive items.7 Further, the dominant ACH market share by Reserve Banks make little distinction PSOs maintain that, to the extent that impeding competition and threatening between PSOs and third-party depository institutions send or receive the private-sector ACH operators’ long- processors in processing ACH their ACH transactions through a PSO, term viability. In particular, the PSOs, transactions. As a result, the Reserve the institutions are PSO customers and the National Automated Clearing House Banks’ pricing of ACH services has not not Reserve Bank customers. The Association (NACHA), and the differentiated between PSOs, third-party Federal Reserve’s authority to provide Financial Services Roundtable processors, and depository institutions. payment services, however, is limited (formerly, the Bankers Roundtable) The Reserve Banks offer depository by law to services provided to maintain that the Reserve Banks’ institutions ACH services under terms depository institutions.9 Further, many policies, which treat PSOs as the agents established in the Reserve Banks’ ACH depository institutions send of the ODFI or RDFI, have created operating circular, which is a transactions directly to and receive barriers to open and vigorous contractual arrangement, and charge transactions directly from both the competition among ACH operators.3 fees for ACH services based on Reserve Banks and PSOs. Thus, Reserve Specifically, the PSOs maintain that the published fee schedules. For each ACH Banks consider all depository Reserve Banks’ price structure and transaction that they process, the institutions designated as the ODFI or deposit deadlines do not permit the Reserve Banks consider both the ODFI RDFI in ACH transactions they process PSOs to compete effectively in and RDFI to be their customers and to be Reserve Bank customers, and the providing ACH services to depository charge each of them a per-item fee. PSOs involved in the transactions to be institutions.4 Further, the Reserve Banks charge a per- agents of the ODFI or RDFI. Given the The Federal Reserve Board file fee for each ACH file they receive.8 limitations on the types of entities that historically has stressed the benefits of The Reserve Banks also assess monthly are eligible to receive Reserve Bank competition in the provision of payment account servicing fees to each payment services, the Board requests services. In a 1990 white paper on the institution whose ACH transactions they comment on how the ACH service might Federal Reserve in the payments system, process. In addition to ACH service fees, be structured to address the differences the Board stated that ‘‘the role of the the Reserve Banks assess electronic in the way that the Reserve Banks’ and Federal Reserve in providing payments connection fees based on the type of PSOs’ customer bases are defined. services is to promote the integrity and connection an institution maintains for Specifically, the Board is interested in sending and receiving ACH transactions commenters’ views on whether the 2 Other factors may include (1) the Reserve Banks’ as well as other transactions or Reserve Banks should continue to role as processors of all federal government ACH information. The Reserve Banks use consider the ODFI and RDFI for ACH payments, (2) insufficient total ACH volume during the early years of service to viably support multiple their reserve account posting capability transactions they process to be their national ACH operators, (3) the Reserve Banks’ to automatically debit the accounts customers, and charge them subsidy of their ACH service until the mid-1980s, designated by each ODFI and RDFI, accordingly, even though the institution (4) the generally high quality of the Reserve Banks’ either their own or those of sent the transactions through or ACH service, and (5) the previous lack of an efficient Reserve Bank net settlement service for received the transactions from a PSO. 5 private-sector interdistrict clearing arrangements The Federal Reserve in the Payments System, B. Price Structure involving a large number of settling participants. Federal Reserve Regulatory Service 7–139. 3 Vision 2000 Task Force Recommendations, HA, 6 Standards Related to Priced-Services Activities The PSOs maintain that modifications 1997; Role of the Federal Reserve and the Banking of the Federal Reserve Banks, Federal Reserve to the Reserve Banks’ price structure Industry in the Retail Electronic Payments Systems Regulatory Service 7–136. of the Future, Bankers Roundtable, April 1998. 7 The exception to this practice was the would permit them to compete more 4 The PSOs, other private-sector clearing arrangement between the Federal Reserve Bank of effectively in providing ACH services to organizations, and industry trade groups had also New York and Electronic Payments Network (EPN) depository institutions. The Monetary indicated that the design of the Reserve Banks’ net from 1975 through 1996. During this period, the Control Act (MCA) and the Board’s settlement services created an additional barrier to New York Reserve Bank did not provide pricing principles require that fees for private-sector competition with the Reserve Banks. commercial ACH services and EPN processed The Board believes that the Reserve Banks’ new almost all commercial items for Second District the ACH service be set so that revenues enhanced net settlement service, which was depository institutions. introduced in March 1999, addresses the limitations 8 The sending point for an ACH file is assessed 9 A Reserve Bank may also provide services to a inherent in their net settlement services and should a per-file fee. The sending point could be an ODFI limited set of other institutions, such as state provide an effective mechanism for the settlement that sends its file directly to the Reserve Banks, or member banks that are not defined as depository of private-sector clearing arrangements, including a third-party processor or PSO that is acting as institutions and other entities if the Reserve Bank large interdistrict settlement arrangements (63 FR agent for the ODFIs whose transactions are in the is directed to do so as fiscal agent of the United 60000, November 6, 1998). file. States.

VerDate 06-MAY-99 18:40 May 20, 1999 Jkt 183247 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27795 match costs. The Reserve Banks set their Bank customers, and charges this fee to ACH files. In either case, the level of fees to meet these requirements. Thus, recover associated costs. NACHA and service offered to depository institutions any modifications that reduce the the PSOs believe that it is inappropriate that deal with the Reserve Banks revenues or increase the costs of the for the Reserve Banks to assess monthly directly may be reduced. ACH service would have to be offset by account servicing fees to ODFIs and commensurate increases in revenues RDFIs that do not send transactions D. Correspondent Banks and Third- elsewhere in the ACH service. directly to or receive transactions party Processors The Board requests comment on directly from the Reserve Banks. The If the Reserve Banks were to modify whether the Reserve Banks should PSOs maintain that the imposition of their price structure or deadlines to treat charge lower fees for ACH transactions this fee on their customers allows the that are also processed by a PSO than Reserve Banks to establish lower transactions also processed by PSOs they do for ACH transactions in which transaction fees and competitively differently, the Board requests comment the Reserve Banks are the only ACH disadvantages the PSOs. The Board on whether this treatment should be operator, and if so, the basis that should requests comment on whether the limited to transactions processed by be used to charge the different fees.10 Reserve Banks should continue to assess PSOs or expanded to encompass other With the possible exception of customer this fee to customers that use PSOs to ACH transactions, such as those sent or service costs, the Reserve Banks’ costs send transactions to and receive received by correspondent banks or for handling ACH transactions that are transactions from the Reserve Banks third-party processors. The Board is also processed by a PSO do not and, if not, the rationale for eliminating interested in commenters’ views on the currently differ from their costs for the fee for the PSOs’ customers. extent to which the arguments to modify handling other ACH transactions. Thus, Any of the changes to the ACH Reserve Bank practices regarding PSOs there may be little cost justification for system’s price structure discussed above also apply to other entities that act as the Reserve Banks to offer lower fees to could lead to a reduction in Reserve sending and receiving points for PSOs, unless the Reserve Banks offered Bank net revenue either through multiple institutions. The Board different ACH service levels for reductions in Reserve Bank fees or requests comment on how the Reserve transactions also involving a PSO. increases in Reserve Bank costs. To Banks should determine the entities that Different service levels might eliminate fulfill the requirements of the MCA and qualify for treatment as PSOs if the some of the processes that the Reserve the Board’s pricing principles, however, Reserve Banks were to modify the terms Banks currently perform to process ACH any reduction in ACH net revenues of their ACH services to treat transactions transmitted through PSOs, would have to be recouped elsewhere in transactions involving PSOs (but not which in turn could provide a the ACH service. Thus, it is likely that correspondent banks and third-party justification for lower fees. fees assessed to some Reserve Bank processors) differently. In addition, the Board requests customers might decline while fees comment on whether the Reserve Banks assessed to other Reserve Bank E. Other Implications should pay transaction fees to PSOs that customers might increase. send files to the Federal Reserve and Finally, the Board requests comment transaction and file fees to PSOs that C. Deposit Deadlines and Processing on the implications on competition, the receive files from the Federal Reserve. A Schedule efficiency of the ACH system, and on PSO’s costs for handling ACH The Board requests comment on the overall ACH volume growth should the transactions that are also processed by benefits and drawbacks of the Reserve Reserve Banks modify their price the Reserve Banks likely differ from the Banks establishing different deposit and structure or deadlines to treat costs for handling other ACH delivery deadlines for PSOs and transactions processed by PSOs transactions only with respect to costs depository institutions. The PSOs differently than those received from or related to customer service and maintain that the Reserve Banks’ sent to other parties. One of the Reserve settlement. The Board is interested in deposit and delivery deadlines place Banks’ primary objectives is to foster commenters’ views on what services them at a competitive disadvantage. To competition, improve the efficiency of PSOs provide that would justify the meet Reserve Bank deposit deadlines, the payments mechanism, and lower the payment of fees to PSOs, on whether PSOs must establish earlier deposit cost of these services to society at large, Reserve Banks should pay fees to PSOs, deadlines and later delivery schedules while maintaining the integrity and and on whether, and how, market for their customers than those offered by reliability of the payments mechanism discipline may constrain the fees the Reserve Banks to their customers. and providing an adequate level of charged by PSOs. For example, the Reserve Banks have service nationwide. To the extent that The Reserve Banks assess an ACH established a 3:00 a.m. eastern time commenters are suggesting monthly account servicing fee for each deadline for the deposit of ACH modifications to the Reserve Banks’ transactions for all depositors, and make routing number that a depository ACH service, the Board requests that institution elects to have included in the those ACH transactions available to the they indicate whether and how those FedACH customer directory. The RDFI or its agent (including a PSO) by modifications are likely to affect Reserve Banks must maintain routing 6:00 a.m. eastern time. If the Reserve competition in the provision of ACH numbers for depository institutions Banks were to offer different deposit services, the efficiency of the ACH served by PSOs to provide processing, and delivery deadlines to PSOs and system, and the growth of the ACH routing, accounting, and settlement depository institutions, PSOs would be services for ACH transactions able to establish deadlines for their system. exchanged between PSO and Reserve customers that would be equivalent to IV. Summary of Comments Requested those offered by the Reserve Banks. If 10 Some ACH transactions processed by the the deadlines were changed, however, To assist commenters in the Reserve Banks involve two PSOs—a sending PSO the Reserve Banks either would have to preparation of their responses to this and a receiving PSO. Other ACH transactions notice, a summary of the questions on involving two PSOs are settled through the PAX move the depository institution deposit (Private-Sector ACH Exchange) network without deadline to earlier in the evening or which the Board is requesting comment Reserve Bank involvement as ACH operator. reduce the time they have to process follows:

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A. Reserve Bank ACH Customers sending and receiving points for procedural and other information about 1. Given the limitations on the types multiple institutions? Why or why not? the meeting. of entities that are eligible to receive 2. How should the Reserve Banks Dated: May 19, 1999. Reserve Bank payment services, how determine the entities that qualify for Robert deV. Frierson, should the ACH service be structured to treatment as PSOs if the Reserve Banks Associate Secretary of the Board. were to modify the terms of their ACH address the differences in the way that [FR Doc. 99–13005 Filed 5–19–99; 11:26 am] services to treat transactions involving the Reserve Banks’ and PSOs’ customer BILLING CODE 6210±01±P bases are defined? PSOs (but not correspondent banks and 2. Should the Reserve Banks continue third-party processors) differently? to consider the ODFI and RDFI for ACH E. Other Implications DEPARTMENT OF HEALTH AND transactions they process to be their HUMAN SERVICES customers, and charge them 1. What are the implications on accordingly, even though the institution competition, the efficiency of the ACH Office of the Secretary sent the transactions through or system, and overall ACH volume growth received the transactions from a PSO? If if the Reserve Banks were to modify Agency Information Collection not, why not? their price structure or deadlines to treat Activities: Proposed Collections; transactions processed by PSOs Comment Request B. Price Structure differently than those received from or 1. Should the Reserve Banks charge sent to other parties? The Department of Health and Human lower fees for ACH transactions that are 2. To the extent that you are Services, Office of the Secretary will also processed by a PSO than they do suggesting modifications to the Reserve periodically publish summaries of for ACH transactions in which the Banks’ ACH service, please indicate proposed information collections Reserve Banks are the only ACH whether and how those modifications projects and solicit public comments in operator? If so, on what basis should the are likely to affect competition in the compliance with the requirements of different fees be set? For example, provision of ACH services, the Section 3506(c)(2)(A) of the Paperwork should the Reserve Banks offer different efficiency of the ACH system, and the Reduction Act of 1995. To request more ACH service levels for transactions also growth of the ACH system. information on the project or to obtain involving a PSO? a copy of the information collection 2. Should the Reserve Banks pay By order of the Board of Governors of the plans and instruments, call the OS Federal Reserve System, May 17, 1999. transaction fees to PSOs that send files Reports Clearance Officer on (202) 690– to the Federal Reserve and transaction Jennifer J. Johnson, 6207. and file fees to PSOs that receive files Secretary of the Board. Comments are invited on: (a) Whether from the Federal Reserve? What services [FR Doc. 99–12895 Filed 5–20–99; 8:45 am] the proposed collection of information do the PSOs provide to Reserve Banks BILLING CODE 6210±01±P is necessary for the proper performance that would justify the payment of fees of the functions of the agency, including to PSOs? Would market discipline whether the information shall have constrain the fees charged by PSOs to FEDERAL RESERVE SYSTEM practical utility; (b) the accuracy of the Reserve Banks? If so, how? agency’s estimate of the burden of the 3. Should the Reserve Banks continue Sunshine Act Meeting proposed collection of information; (c) ways to enhance the quality, utility and to assess the ACH account servicing fee TIME AND DATE: 10:00 a.m., Wednesday, clarity of the information to be to customers that exclusively use PSOs May 26, 1999. to send transactions to and receive collected; and (d) ways to minimize the PLACE: transactions from the Reserve Banks? If Marriner S. Eccles Federal burden of the collection of information not, what would be the rationale for Reserve Board Building, 20th and C on respondents, including through the eliminating the fee for the PSOs’ Streets, N.W., Washington, D.C. 20551. use of automated collection techniques customers? STATUS: Closed. or other forms of information MATTERS TO BE CONSIDERED: technology. C. Deposit Deadlines and Processing Proposed Projects 1. Evaluation of the Schedule 1. Personnel actions (appointments, promotions, assignments, Proposed Cash and Counseling 1. What are the benefits and reassignments, and salary actions) Demonstration—New—Cash and drawbacks of the Reserve Banks involving individual Federal Reserve Counseling is a consumer directed care establishing different deposit and System employees. model for individuals with physical or development disabilities. A delivery deadlines for PSOs and 2. Any matters carried forward from a demonstration project implementing depository institutions? previously announced meeting. this model is being evaluated by the D. Correspondent Banks and Third- CONTACT PERSON FOR MORE INFORMATION: Office of the Assistant Secretary for party Processors Lynn S. Fox, Assistant to the Board; Planning and Evaluation. This portion 1. If the Reserve Banks were to modify 202–452–3204. of the evaluation consists of four their price structure or deadlines to treat SUPPLEMENTARY INFORMATION: You may information collection instruments. transactions also processed by PSOs call 202–452–3206 beginning at Respondents: Individuals or differently, should this treatment be approximately 5 p.m. two business days households, for-profit, non-profit limited to transactions processed by before the meeting for a recorded institutions; Burden Information for PSOs or expanded to other ACH announcement of bank and bank Informal Caregiver Survey—Number of transactions, such as those sent or holding company applications Respondents: 8,000; Burden per received by correspondent banks or scheduled for the meeting; or you may Response: .38 hours; Total Burden for third-party processors? Why or why contact the Board’s Web site at http:// Informal Caregiver Survey: 3,040 not? Do the arguments to modify www.federalreserve.gov for an hours—Burden Information for Paid Reserve Bank practices regarding PSOs electronic announcement that not only Worker Survey—Number of also apply to other entities that act as lists applications, but also indicates Respondents: 800; Burden per

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Response: .5 hours; Total Burden for (404) 639–2007. Written comments on SUMMARY: The Administration for Paid Worker Survey: 400 hours—Burden this draft document should be sent to Children and Families (ACF), Information for Consultant Survey— the above address for receipt by June 1, Administration on Children, Youth and Number of Respondents: 400; Burden 1999. Families (ACYF) announces the per Response .58 hours; Total Burden FOR FURTHER INFORMATION CONTACT: availability of $875,000 in funds for for Consultant Survey: 200 hour— Division of HIV/AIDS Prevention, Head Start Training Partnerships with Burden Information for Ethnographic National Center for HIV, STD, and TB Historically Black Colleges and Discussion Guide—Number of Prevention, Mailstop E–49, Centers for Universities (HBCUs). The purpose is to Respondents: 300; Burden per Disease Control and Prevention, Atlanta, utilize the capability of these Response: 1 hours; Total Burden for GA 30333; telephone (404) 639–2072, institutions of higher education to Ethnographic Discussion Guide: 300 FAX (404) 639–2007. improve the quality and long term hours—Total Burden: 3,940 hours. SUPPLEMENTARY INFORMATION: effectiveness of Head Start and Early Send comments to Cynthia Agens Opportunistic infections constitute a Head Start grantees and delegate Bauer, OS Reports Clearance Officer, major cause of morbidity and mortality agencies by developing models of Room 503H, Humphrey Building, 200 in persons infected with human academic training and forming Independence Avenue S.W., immunodeficiency virus. The draft 1999 partnerships between the HBCUs and Washington DC, 20201. Written Guidelines, prepared by the United Head Start and Early Head Start. Priority comments should be received within 60 States Public Health Services, the will be given to HBCUs that propose days of this notice. Infectious Diseases Society of America, partnerships that will focus on Dated: May 13, 1999. and representatives of Federal agencies, increasing the number of center-based Dennis P. Williams, universities, professional societies, and teachers with AA, BA or advanced Deputy Assistant Secretary, Budget. community organizations, represent an degrees in early childhood education. update of guidelines published in 1995 [FR Doc. 99–12806 Filed 5–20–99; 8:45 am] DATES: The closing date and time for and in 1997. They include BILLING CODE 4150±04±M receipt of applications is 5:00 p.m. recommendations to prevent major (Eastern Time Zone) July 20, 1999. parasitic, bacterial, mycotic, and viral DEPARTMENT OF HEALTH AND infections in the era of highly active FOR FURTHER INFORMATION: A copy of the HUMAN SERVICES antiretroviral therapy (HAART). They program announcement and necessary address prevention of disease by application forms can be obtained by Centers for Disease Control and chemoprophylaxis and vaccination and contacting: HBCUs, ACYF Operation Prevention prevention of exposure to opportunistic Center, 1815 North Fort Myer Drive, pathogens. They also address Suite 300, Arlington, Virginia 22209. Availability of Draft Guidelines for discontinuing chemoprophylaxis The telephone number is 1–800–351– Prevention of Opportunistic Infections against specific pathogens when the 2293 (acyf). in Persons Infected With Human CD4+ lymphocyte count has increased Copies of the program announcement Immunodeficiency Virus in response to HAART. can be downloaded from the Head Start AGENCY: Centers for Disease Control and Dated: May 17, 1999. web site at: www.acf.dhhs.gov/ Prevention (CDC), Department of Health Joseph R. Carter, programs/hsb. and Human Services. Associated Director for Management and Eligible Applicants: Historically Black ACTION: Notice of availability and Operations, Centers for Disease Control and Colleges and Universities as defined in Prevention (CDC). request for comments. Executive Order 12876. Current grantees [FR Doc. 99–12835 Filed 5–20–99; 8:45 am] SUMMARY: are eligible to apply. This notice announces the BILLING CODE 4163±18±P availability of a draft document entitled Project Duration: Awards, on a ‘‘1999 USPHS/IDSA Guidelines for the competitive basis, will be for a one-year Prevention of Opportunistic Infections DEPARTMENT OF HEALTH AND budget period; project periods will be in Persons Infected with Human HUMAN SERVICES for four years. Immunodeficiency Virus,’’ prepared by Federal Share of Projects. The representatives of the U.S. Public Health Administration for Children and maximum Federal share for each project Service (USPHS), the Infectious Families is not to exceed $150,000 per year. Diseases Society of America (IDSA), and [Notice of Program Announcement No. Although there are no matching additional representatives of Federal ACF/ACYF 99±04] requirements, applicants are encouraged agencies, universities, professional to provide non-Federal contributions to societies, and community organizations, Fiscal Year 1999 Discretionary the project. for review and comment. Announcement for Head Start Estimated Number of Projects to be DATES: Partnerships With Historically Black To ensure consideration, written Funded. It is anticipated that up to eight Colleges and Universities comments on this draft document must projects will be funded. be received on or before June 1, 1999. AGENCY: Administration on Children, Statutory Authority. The Head Start ADDRESSES: The draft document is Youth and Families (ACYF), available on the World-Wide Web site of Act, as amended, 42 U.S.C.9831 et seq. Administration for Children and (Catalog of Federal Domestic Assistance: the AIDS Treatment and Information Families (ACF), DHHS. Service (http://www.hivatis.org). Number 93.600, Head Start) ACTION: Notice of announcement of the Requests for hardcopies of the Dated: April 29, 1999. availability of funds and request for document may be submitted to the Patricia Montoya, applications for training grants for Division of HIV/AIDS Prevention, Commissioner, Administration on Children, Historically Black Colleges and Mailstop E–49, Centers for Disease Youth and Families. Universities in Partnership with Head Control and Prevention, Atlanta, GA [FR Doc. 99–12874 Filed 5–20–99; 8:45 am] Start and Early Head Start Grantees. 30333; telephone (404) 639–2072, FAX BILLING CODE 4184±01±P

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DEPARTMENT OF HEALTH AND Dated: May 10, 1999. Total Annual Responses: 1,900,000; HUMAN SERVICES William K. Hubbard, Total Annual Hours: 329,965. Associate Commissioner for Policy To obtain copies of the supporting Food and Drug Administration Coordination. statement and any related forms for the [FR Doc. 99–12854 Filed 5–20–99; 8:45 am] proposed paperwork collections [Docket No. 78N±0038] BILLING CODE 4160±01±F referenced above, access HCFA’s Web Site address at http://www.hcfa.gov/ Revocation of Advisory Opinion regs/prdact95.htm, or E-mail your Entitled ``FD&C Act Trade DEPARTMENT OF HEALTH AND request, including your address, phone Correspondence 61'' HUMAN SERVICES number, OMB number, and HCFA document identifier, to AGENCY: Food and Drug Administration, Health Care Financing Administration [email protected], or call the Reports HHS. Clearance Office on (410) 786–1326. [Document Identifier: HCFA±R±0107] Written comments and ACTION: Notice; revocation. recommendations for the proposed Agency Information Collection information collections must be mailed SUMMARY: The Food and Drug Activities: Proposed Collection; within 60 days of this notice directly to Administration (FDA) is revoking an Comment Request the HCFA Paperwork Clearance Officer advisory opinion entitled ‘‘FD&C Act AGENCY: Health Care Financing designated at the following address: Trade Correspondence, TC–61,’’ Administration, HHS. HCFA, Office of Information Services, (hereinafter called TC–61) dated In compliance with the requirement Security and Standards Group, Division February 15, 1940, because it is out of of section 3506(c)(2)(A) of the of HCFA Enterprise Standards, date with current scientific knowledge Paperwork Reduction Act of 1995, the Attention: Louis Blank, Room N2–14– and is superseded by the final rule for Health Care Financing Administration 26, 7500 Security Boulevard, Baltimore, over-the-counter (OTC) sunscreen drug (HCFA), Department of Health and Maryland 21244–1850. products. As an advisory opinion, this Human Services, is publishing the Dated: May 13, 1999. correspondence was not published in following summary of proposed John Parmigiani, the Federal Register. collections for public comment. Manager, HCFA Office of Information EFFECTIVE DATE: JUNE 21, 1999. Interested persons are invited to send Services, Security and Standards Group, comments regarding this burden Division of HCFA Enterprise Standards. FOR FURTHER INFORMATION CONTACT: John estimate or any other aspect of this [FR Doc. 99–12808 Filed 5–20–99; 8:45 am] D. Lipnicki, Center for Drug Evaluation collection of information, including any BILLING CODE 4120±03±P and Research (HFD–560), Food and of the following subjects: (1) The Drug Administration, 5600 Fishers necessity and utility of the proposed Lane, Rockville, MD 20857, 301–827– information collection for the proper DEPARTMENT OF HOUSING AND 2222. performance of the agency’s functions; URBAN DEVELOPMENT SUPPLEMENTARY INFORMATION: (2) the accuracy of the estimated TC–61 is a [Docket No. FR±4432±N±20] 1940 advisory opinion regarding the burden; (3) ways to enhance the quality, drug and/or cosmetic status of sunburn utility, and clarity of the information to Federal Property Suitable as Facilities and suntan preparations. TC–61 states be collected; and (4) the use of To Assist the Homeless that a product promoted for prevention automated collection techniques or of damage from the sun is a drug, and other forms of information technology to AGENCY: Office of the Assistant a product that is promoted solely for the minimize the information collection Secretary for Community Planning and purpose of acquiring an even tan can be burden. Development, HUD. considered a cosmetic. The agency Type of Information Collection ACTION: Notice. updated this policy in 1976, by stating Request: Extension of a currently approved collection; Title of SUMMARY: This Notice identifies that a product containing a sunscreen unutilized, underutilized, excess, and ingredient, even when labeled solely as Information Collection: Determining Third Party Liability (TPL) State Plan surplus Federal property reviewed by a tanning aid, is both intended and Preprint and Supporting Regulations in HUD for suitability for possible use to understood to be a sunburn preventive 42 CFR 433.138; Form No.: HCFA–R– assist the homeless. and, therefore, is a drug under the 0107 (OMB# 0938–0502); Use: In the FOR FURTHER INFORMATION CONTACT: Federal Food, Drug, and Cosmetic Act past, many third party resources were Mark Johnston, room 7256, Department (the act). not diligently pursued by State of Housing and Urban Development, In the Federal Register of May 12, governments. In an effort to improve 451 Seventh Street SW, Washington, DC 1993 (58 FR 28194), FDA published a program efficiencies and reduce 20410; telephone (202) 708–1226; TTY proposed rule for OTC sunscreen drug Medicaid expenditures HCFA number for the hearing- and speech- products. That document included a implemented TPL procedures. The impaired (202) 708–2565 (these proposal to revoke TC–61 (58 FR collection of TPL information results in telephone numbers are not toll-free), or 28204). One comment was received in significant program savings to the extent call the toll-free Title V information line response to the proposal to revoke TC– that liable third parties can be identified at 1–800–927–7588. 61. That comment did not change the and payments can be made for services SUPPLEMENTARY INFORMATION: In agency’s position and is addressed that would otherwise be paid for by the accordance with 24 CFR part 581 and elsewhere in the rule section of this Medicaid program.; Frequency: On section 501 of the Stewart B. McKinney issue of the Federal Register. Therefore, occasion; Affected Public: Individuals or Homeless Assistance Act (42 U.S.C. under the act and under authority households, Federal Government, and 11411), as amended, HUD is publishing delegated to the Commissioner of Food State, Local, or Tribal Government; this Notice to identify Federal buildings and Drugs, TC–61 is revoked. Number of Respondents: 1,900,000; and other real property that HUD has

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.053 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27799 reviewed for suitability for use to assist use to assist the homeless, and the Property Number: 31199920001 the homeless. The properties were property will not be available. Status: Excess reviewed using information provided to Properties listed as unsuitable will Comment: 496 sq. ft., concrete block, most HUD by Federal landholding agencies not be made available for any other recent use—water treatment, off-site use only regarding unutilized and underutilized purpose for 20 days from the date of this buildings and real property controlled Notice. Homeless assistance providers Unsuitable Properties by such agencies or by GSA regarding interested in a review by HUD of the Buildings (by State) its inventory of excess or surplus determination of unsuitability should California Federal property. This Notice is also call the toll free information line at 1- published in order to comply with the 800-927-7588 for detailed instructions Bldg. 675 or write a letter to Mark Johnston at the Naval Surface Reserve Force December 12, 1988 Court Order in Terminal Island Co: CA 89104– National Coalition for the Homeless address listed at the beginning of this Landholding Agency: Navy versus Veterans Administration, No. Notice. Included in the request for Property Number: 77199920086 88–2503–OG (D.D.C.). review should be the property address Status: Unutilized Properties reviewed are listed in this (including zip code), the date of Reason: Extensive deterioration Notice according to the following publication in the Federal Register, the Florida categories: Suitable/available, suitable/ landholding agency, and the property Bldg. 648 unavailable, suitable/to be excess, and number. Naval Air Station unsuitable. The properties listed in the For more information regarding Pensacola Co: Escambia FL 32508– three suitable categories have been particular properties identified in this Landholding Agency: Navy reviewed by the landholding agencies, notice (i.e., acreage, floor plan, existing Property Number: 77199920087 and each agency has transmitted to sanitary facilities, exact street address), Status: Unutilized HUD: (1) Its intention to make the providers should contact the Reason: Secured Area property available for use to assist the appropriate landholding agencies at the Bldg. 1882 homeless, (2) its intention to declare the following addresses: ARMY: Mr. Jeff Naval Air Station Pensacola Co: Escambia FL 32508– property excess to the agency’s needs, or Holste, U.S. Army Center for Public Works, Installation Support Center, Landholding Agency: Navy (3) a statement of the reasons that the Property Number: 77199920088 property cannot be declared excess or Facilities Management, 7701 Telegraph Status: Unutilized made available for use as facilities to Road, Alexandria, VA 22315–3862; Reason: Secured Area; Extensive assist the homeless. (703) 428–6318; COE: Ms. Shirley deterioration Properties listed as suitable/available Middleswarth, Army Corps of Bldg. 3228 will be available exclusively for Engineers, Management & Disposal Naval Air Station homeless use for a period of 60 days Division, Pulaski Building, room 4224, Pensacola Co: Escambia FL 32508– from the date of this Notice. Homeless 20 Massachusetts Avenue, NW, Landholding Agency: Navy assistance providers interested in any Washington, DC 20314–1000; (202) 761– Property Number: 77199920089 Status: Unutilized such property should send a written 0515; INTERIOR: Ms. Lola Kane, Department of the interior, 1849 C Reason: Secured Area expression of interest to HHS, addressed Bldg. 3604 to Brian Rooney, Division of Property Street, NW, Mail Stop 5512–MIB, Washington, DC 20240; (202) 208–4080; Naval Air Station Management, Program Support Center, Pensacola Co: Escambia FL 32508– HHS, room 5B–41, 5600 Fishers Lane, NAVY: Mr. Charles C. Cocks, Landholding Agency: Navy Rockville, MD 20857; (301) 443–2265. Department of the Navy, Director, Real Property Number: 77199920090 (This is not a toll-free number). HHS Estate Policy Division, Naval Facilities Status: Unutilized will mail to the interested provider an Engineering Command, Washington Reason: Secured Area application packet, which will include Navy Yard, 1322 Patterson Ave., SE, Bldg. 3605 instructions for completing the Suite 1000, Washington, DC 20374– Naval Air Station application. In order to maximize the 5065; (202) 685–9200; VA: Mr. Anatolij Pensacola Co: Escambia FL 32508– kushnir, Director, Asset and Enterprise Landholding Agency: Navy opportunity to utilize a suitable Property Number: 77199920091 property, providers should submit their Development Service, 181B, Department of Veterans Affairs, 811 Vermont Status: Unutilized written expressions of interest as soon Reason: Secured Area as possible. For complete details Avenue, NW, Room 419, Lafayette Bldg., Washington, DC 20420; (202) Bldg. 3626 concerning the processing of Naval Air Station applications, the reader is encouraged to 565–5941; (These are not toll-free Pensacola Co: Escambia FL 32508– refer to the interim rule governing this numbers). Landholding Agency: Navy program, 24 CFR part 581. Dated: May 13, 1999. Property Number: 77199920092 For properties listed as suitable/to be Fred Karnas, Jr., Status: Unutilized Reason: Secured Area excess, that property may, if Deputy Assistant Secretary for Economic subsequently accepted as excess by Development. Bldg. 3674 GSA, be made available for use by the Naval Air Station TITLE V, FEDERAL SURPLUS PROPERTY Pensacola Co: Escambia FL 32508– homeless in accordance with applicable PROGRAM, FEDERAL REGISTER REPORT Landholding Agency: Navy law, subject to screening for other FOR 5/21/99 Property Number: 77199920093 Federal use. At the appropriate time, Status: Unutilized Suitable/Available Properties HUD will publish the property in a Reason: Secured Area Notice showing it as either suitable/ Buildings (by State) Hawaii available or suitable/unavailable. Kentucky Bldg. 1385 For properties listed as suitable/ Bldg. Naval Public Works Center unavailable, the landholding agency has Rough River Lake Project Pearl Harbor Co: Honolulu HI 96860– decided that the property cannot be Louisville Co: Breckenridge KY 40232– Landholding Agency: Navy declared excess or made available for Landholding Agency: COE Property Number: 77199920094

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Status: Excess Fort Lewis Status: Excess Reason: Secured Area Ft. Lewis Co: Pierce WA 98433– Reason: Extensive deterioration Kentucky Location: F0011, M0014, F0016–F0019 12 Bldgs. Landholding Agency: Army Fort Lewis 9 Bldgs. Property Number: 21199920127 Ft. Lewis Co: Pierce WA 98433– Wondering Woods Status: Excess Location: A0440, A0519, A0619, C0309, Mommoth Cave National Park Reason: Extensive deterioration C0320, C0409, C1009, C1020, D0711, Mammoth Cave Co Barren KY 42259– D0722, D0811, D0822 Landholding Agency: Interior 5 Bldgs. Landholding Agency: Army Property Number: 61199920002 Fort Lewis Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920136 Status: Excess Status: Excess Reason: Extensive deterioration Location: A0101, C1230, C1316, D1103, A0102 Reason: Extensive deterioration Massachusetts Landholding Agency: Army 23 Bldgs. Westview Street Wells Property Number: 21199920128 Fort Lewis Lexington Co: MA 02173– Status: Excess Ft. Lewis Co: Pierce WA 98433– Landholding Agency: VA Reason: Extensive deterioration Location: A0441, B0803, B0810, B0827, Property Number: 97199920001 8 Bldgs. B0834, C0301, C0308, C0321, C0328, Status: Unutilized Fort Lewis C1001, C1021, C1028, C1307, D0703, Reason: Extensive deterioration Ft. Lewis Co: Pierce WA 98433– D0710, D0727, D0734, D0803, D0810, Ohio Location: A0104, A0108, A0220, B1131, D0827, D0834, D1127, D1142 C1203, C1218, D1102, D1131 Landholding Agency: Army Bldg. 116 Property Number: 21199920137 VA Medical Center Landholding Agency: Army Property Number: 21199920129 Status: Excess Dayton Co: Montgomery OH 45428– Reason: Extensive deterioration Landholding Agency: VA Status: Excess Reason: Extensive deterioration Bldg. A0456 Property Number: 97199992002 Fort Lewis 3 Bldgs. Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Fort Lewis Reason: Extensive deterioration Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433– Bldg. 217 Property Number: 21199920138 Location: A0105, C1217, C0112 VA Medical Center Status: Excess Landholding Agency: Army Dayton Co: Montgomery OH 45428– Reason: Extensive deterioration Property Number: 21199920130 Landholding Agency: VA 19 Bldgs. Property Number: 97199920003 Status: Excess Reason: Extensive deterioration Fort Lewis Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Reason: Extensive deterioration 7 Bldgs. Location: A0536, A0537, A0540, A0451, Bldg. 402 Fort Lewis A0541, A0602–A0604, A0606, A0607, VA Medical Center Ft. Lewis Co: Pierce WA 98433– A0610, A0611, A0632, A0633, A0636, Dayton Co: Montgomery OH 45428– Location: A0124, A0133, D1114, D1124, A0637, A0640, A0641, A0906 Landholding Agency: VA A0135, J0200, J0202 Landholding Agency: Army Property Number: 97199920004 Landholding Agency: Army Property Number: 21199920139 Status: Unutilized Property Number: 21199920131 Status: Excess Reason: Extensive deterioration Status: Unutilized Reason: Extensive deterioration Reason: Extensive deterioration Bldg. 105 12 Bldgs. VA Medical Center Bldgs. A0205, A0310 Fort Lewis Dayton Co: Montgomery OH 45428– Fort Lewis Ft. Lewis Co: Pierce WA 98433– Landholding Agency: VA Ft. Lewis Co: Pierce WA 98433– Location: A0454, A0455, A0802, A0803, Property Number: 97199920005 Landholding Agency: Army A0806, A0807, A0828, A0829, A0832, Status: Unutilized Property Number: 21199920132 A0833, A0907, A0933 Reason: Extensive deterioration Status: Excess Landholding Agency: Army Reason: Extensive deterioration Washington Property Number: 21199920140 Bldg. A0338 Status: Excess Bldg. U515A Fort Lewis Reason: Extensive deterioration Fort Lewis Ft. Lewis Co: Pierce WA 98433– 7 Bldgs. Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Fort Lewis Landholding Agency: Army Property Number: 21199920133 Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920124 Status: Excess Location: A0518, A0530, B0811, B0822, Status: Excess Reason: Extensive deterioration B0911, C0614, A0638 Reason: Gas chamber Bldg. E0390 Landholding Agency: Army 4 Bldgs. Fort Lewis Property Number: 21199920141 Fort Lewis Ft. Lewis Co: Pierce WA 98433– Status: Excess Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Reason: Extensive deterioration Location: 001PE, 001ED, 003ED, 002ED Property Number: 21199920134 6 Bldgs. Landholding Agency: Army Status: Unutilized Fort Lewis Property Number: 21199920125 Reason: Extensive deterioration Ft. Lewis Co: Pierce WA 98433– Status: Excess 27 Bldgs. Location: A0639, A0827, A0901, A0908, Reason: Extensive deterioration Fort Lewis 04041, 04042 4 Bldgs. Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Fort Lewis Location: B0405, B0407–B0409, B0429, Property Number: 21199920142 Ft. Lewis Co: Pierce WA 98433– B0432, B0504–B0505, B0508, B0529, Status: Excess Location: 004NA, 007NA, 008NA, 005PJ B0532–B0533, B0604–B0605, B0607– Reason: Extensive deterioration Landholding Agency: Army B0609, B0705, B0709, B0728–B0729, 33 Bldgs. Property Number: 21199920126 B0732, B0733, B0804, B0805, B0828, Fort Lewis Status: Excess B0829 Ft. Lewis Co: Pierce WA 98433– Reason: Extensive deterioration Landholding Agency: Army Location: D0704–D0709, D0728–D0733, 5 Bldgs. Property Number: 21199920135 D0804–D0809, D0828–D0833, D1106,

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D1117–D1118, D1143, D1151, D1158– Bldgs. D1156, D1162 Bldgs. 01519, 2046, 2061 D1160, D1163 Fort Lewis Fort Lewis Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920143 Landholding Agency: Army Landholding Agency: Army Status: Excess Property Number: 21199920152 Property Number: 21199920161 Reason: Extensive deterioration Status: Excess Status: Unutilized 10 Bldgs. Reason: Extensive deterioration Reason: Extensive deterioration Fort Lewis Bldgs. 1202, B1202, 1203 13 Bldgs. Ft. Lewis Co: Pierce WA 98433– Fort Lewis Fort Lewis Location: A0711, B0802, A0801, A0909, Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– A0834, A0934, A0813, A0826, A0913, Landholding Agency: Army Location: 02085, 2270, 6229, 2410, 2411, A0926 Property Number: 21199920153 2621, 2885, 6230, 9642, 2886, 2887, 2888, Landholding Agency: Army Status: Excess 2889 Property Number: 21199920144 Reason: Extensive deterioration Landholding Agency: Army Status: Excess Bldgs. 1206, C1209, B1210 Property Number: 21199920162 Reason: Extensive deterioration Fort Lewis Status: Unutilized 9 Bldgs. Ft. Lewis Co: Pierce WA 98433– Reason: Extensive deterioration Fort Lewis Landholding Agency: Army 9 Bldgs. Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920154 Fort Lewis Location: B0808, B0809, B0832, B0833, Status: Excess Ft. Lewis Co: Pierce WA 98433– A0814, A0815, A0824, A0914, A0915 Reason: Extensive deterioration Location: 3015, 3067, 3030, 03062, 1446, Landholding Agency: Army 6 Bldgs. 03083, 03084, 03088, 3089 Property Number: 21199920145 Fort Lewis Landholding Agency: Army Status: Excess Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920163 Reason: Extensive deterioration Location: C1224, C1227 C1234, C1237, Status: Unutilized Bldgs. C0860, A0906 D1139, C1275 Reason: Extensive deterioration Fort Lewis Landholding Agency: Army 4 Bldgs. Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920155 Fort Lewis Landholding Agency: Army Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920146 Reason: Extensive deterioration Location: 3092, 3101, 03094, 03097 Status: Excess 7 Bldgs. Landholding Agency: Army Reason: Extensive deterioration Fort Lewis Property Number: 21199920164 Bldgs. A1006, E1006 Ft. Lewis Co: Pierce WA 98433– Status: Unutilized Fort Lewis Location: E1301, C1303, E1305, 01311, Reason: Extensive deterioration Ft. Lewis Co: Pierce WA 98433– C1317, D1128, C1319 8 Bldgs. Landholding Agency: Army Landholding Agency: Army Fort Lewis Property Number: 21199920147 Property Number: 21199920156 Ft. Lewis Co: Pierce WA 98433– Status: Excess Status: Unutilized Location: 03109, 03217, 04295, 3210, 3240, Reason: Extensive deterioration Reason: Extensive deterioration 03276, 03658, 3725 6 Bldgs. 8 Bldgs. Landholding Agency: Army Fort Lewis Fort Lewis Property Number: 21199920165 Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Status: Unutilized Location: 1011, 1016, C1016, 1034, 1036, Location: 1322, 3016, 3070, 1323, 9663, Reason: Extensive deterioration 1037 C1341, C1342, C1343 5 Bldgs. Landholding Agency: Army Landholding Agency: Army Fort Lewis Property Number: 21199920148 Property Number: 21199920157 Ft. Lewis Co: Pierce WA 98433– Status: Excess Status: Unutilized Location: 4059, 4066–4069 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Army 7 Bldgs. Bldg. A1401 Property Number: 21199920166 Fort Lewis Fort Lewis Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Reason: Extensive deterioration Location: 1035, 2608–2612, 6194 Landholding Agency: Army Bldgs. 4079, 4081, 4170 Landholding Agency: Army Property Number: 21199920158 Fort Lewis Property Number: 21199920149 Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Status: Excess Reason: Extensive deterioration Landholding Agency: Army Reason: Extensive deterioration 5 Bldgs. Property Number: 21199920167 8 Bldgs. Fort Lewis Status: Unutilized Fort Lewis Ft. Lewis Co: Pierce WA 98433– Reason: Extensive deterioration Ft. Lewis Co: Pierce WA 98433– Location: A1411, A1413, A1415, A14420, 6 Bldgs. Location: A1101, A1106, B0101, A1109, 1444 Fort Lewis A1453, A1110, A1111, A1112 Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Property Number: 21199920159 Location: 5038, 5114, 5115, 5121, 5127, 5165 Property Number: 21199920150 Status: Unutilized Landholding Agency: Army Status: Excess Reason: Extensive deterioration Property Number: 21199920168 Reason: Extensive deterioration 15 Bldgs. Status: Unutilized 7 Bldgs. Fort Lewis Reason: Extensive deterioration Fort Lewis Ft. Lewis Co: Pierce WA 98433– 17 Bldgs. Ft. Lewis Co: Pierce WA 98433– Location: 1448, A1451, A01452, A1454, Fort Lewis Location: D1107, D1152, E1121, D1125, B0114, B0116, B0118, B0214, B0216, Ft. Lewis Co: Pierce WA 98433– D1132, D1135, D1143 B0218, C0119, D0211, 1456, A1460, A1491 Location: 5173, 5210–5212, 6174, 6184–6186, Landholding Agency: Army Landholding Agency: Army 6205–6207, 6222–6227 Property Number: 21199920151 Property Number: 21199920160 Landholding Agency: Army Status: Excess Status: Unutilized Property Number: 21199920169 Reason: Extensive deterioration Reason: Extensive deterioration Status: Unutilized

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Reason: Extensive deterioration Status: Unutilized SUPPLEMENTARY INFORMATION: Applicant: 5 Bldgs. Reason: Extensive deterioration Dr. Susan Loeb, U.S.D.A. Forest Service, Fort Lewis 7 Bldgs. Southern Research Center, Clemson, Ft. Lewis Co: Pierce WA 98433– Fort Lewis South Carolina, TE011953–0. Location: 5213, 6195, 6232, 6069, 2621 Ft. Lewis Co: Pierce WA 98433– The applicant requests authorization Landholding Agency: Army Location: 9628, 9632, 9641, 09647, 09648, to take (capture, tag, and release) the Property Number: 21199920170 9667, 9671 Status: Unutilized Landholding Agency: Army endangered Carolina northern flying Reason: Extensive deterioration Property Number: 21199920179 squirrel, Glaucomys sabrinus coloratus, 17 Bldgs. Status: Unutilized and the Virginia northern flying Fort Lewis Reason: Extensive deterioration squirrel, Glaucomys sabrinus fuscus, Ft. Lewis Co: Pierce WA 98433– 12 Bldgs. throughout the species’ ranges in North Location: 6168, 6228, 6175, 6183, 6221, 6176, Fort Lewis Carolina for the purpose of 6181, 6212, 6217, 6177–6180, 6213–6216 Ft. Lewis Co: Pierce WA 98433– enhancement of survival of the species. Landholding Agency: Army Location: 9675, 1202, 9716, A1108, 9677, Dated: May 13, 1999. Property Number: 21199920171 9683, 9678, 9680, 9681, 9685, 9783, 09789 Status: Unutilized Landholding Agency: Army Judy L. Jones, Reason: Extensive deterioration Property Number: 21199920180 Acting Regional Director. 11 Bldgs. Status: Unutilized [FR Doc. 99–12837 Filed 5–20–99; 8:45 am] Reason: Extensive deterioration Fort Lewis BILLING CODE 4310±55±P Ft. Lewis Co: Pierce WA 98433– Bldgs. 9988, 9991 Location: 6182, 6192, 6193, 6231, 6204, 6232, Fort Lewis Ft. Lewis Co: Pierce WA 98433– 6236, 6237, 7990, 06243, 06244 DEPARTMENT OF THE INTERIOR Landholding Agency: Army Landholding Agency: Army Property Number: 21199920181 Property Number: 21199920172 Fish and Wildlife Service Status: Unutilized Status: Unutilized Reason: Extensive deterioration Reason: Extensive deterioration Notice of Availability of the 4 Bldgs. [FR Doc. 99–12520 Filed 5–20–99; 8:45 am] Comprehensive Management Plan for Fort Lewis BILLING CODE 4210±29±M the Tijuana Slough National Wildlife Ft. Lewis Co: Pierce WA 98433– Refuge and Associated Environmental Location: 7908, 07984, 7985, 08071 Assessment and Comprehensive Landholding Agency: Army Property Number: 21199920173 DEPARTMENT OF THE INTERIOR Management Plan for the Tijuana River Status: Unutilized National Estuarine Research Reserve Reason: Extensive deterioration Fish and Wildlife Service AGENCY: Fish and Wildlife Service, Bldgs. 8095, 8096 Receipt of Application for Endangered Interior. Fort Lewis Species Permit Ft. Lewis Co: Pierce WA 98433– ACTION: Notice of availability. Landholding Agency: Army AGENCY: Fish and Wildlife Service, SUMMARY: This notice advises agencies Property Number: 21199920174 Interior. Status: Unutilized and the public that the Comprehensive ACTION: Reason: Extensive deterioration Notice of receipt of application Management Plan for the Tijuana for endangered species permit. 19 Bldgs. Slough National Wildlife Refuge (Refuge) and associated Environmental Fort Lewis SUMMARY: The following applicants have Ft. Lewis Co: Pierce WA 98433– Assessment are available from the U.S. applied for permits to conduct certain Fish and Wildlife Service for public Location: 8296, 8957–8965, 8967–8969, 8966, activities with endangered species. This 8970–8972, 8978, 08980 review and comment. The purpose of Landholding Agency: Army notice is provided pursuant to Section the Comprehensive Management Plan is Property Number: 21199920175 10(c) of the Endangered Species Act of to guide Refuge management decisions Status: Unutilized 1973, as amended (16 U.S.C. 1531 et and to identify strategies to meet the Reason: Extensive deterioration seq.). goals and objectives of the Tijuana 7 Bldgs. DATES: Written data or comments on Slough Refuge and National Wildlife Fort Lewis these applications must be received, at Refuge System. The Comprehensive Ft. Lewis Co: Pierce WA 98433– the address given below, by June 21, Management Plan addresses the Location: 9502, 9504, 9506, 9507B, 9568, 1999. 9507, 9523 following management issues, ADDRESSES: Landholding Agency: Army Documents and other functions, and programs: administrative Property Number: 21199920176 information submitted with these framework; resource protection, Status: Unutilized applications are available for review, management, and restoration; research Reason: Extensive deterioration subject to the requirements of the and monitoring; education and Bldgs. 9572, 9591, 9595 Privacy Act and Freedom of Information interpretation; public involvement, use, Fort Lewis Act, by any party who submits a written and access; facilities development; Ft. Lewis Co: Pierce WA 98433– request for a copy of such documents to appropriate and compatible Refuge uses Landholding Agency: Army the following office within 30 days of determination; and watershed Property Number: 21199920177 the date of publication of this notice: coordination between the United States Status: Unutilized U.S. Fish and Wildlife Service, 1875 Reason: Extensive deterioration and Mexico for the Tijuana Slough Century Boulevard, Suite 200, Atlanta, Refuge. 8 Bldgs. Georgia 30345 (Attn: David Dell, Permit The Environmental Assessment Fort Lewis Biologist). Telephone: 404/679–7313; Ft. Lewis Co: Pierce WA 98433– evaluates the alternatives and analyzes Location: 9597, 9598, 09616, 09618, 9620, Facsimile: 404/679–7081. the environmental effects of 9621, 9622, 9626 FOR FURTHER INFORMATION CONTACT: implementing the Comprehensive Landholding Agency: Army David Dell, Telephone: 404/679–7313; Management Plan. The two alternatives Property Number: 21199920178 Facsimile: 404/679–7081. evaluated in the Environmental

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Assessment provide different levels of for the endangered light-footed clapper hereby given that a decision to issue wildlife management and visitor rail, endangered California least tern, conveyance under the provisions of Sec. services opportunities. The endangered brown pelican, endangered 14(a) of the Alaska Native Claims Environmental Assessment will be used salt marsh bird’s beak, threatened Settlement Act of December 18, 1971, 43 to determine whether the western snowy plover, State-endangered U.S.C. 1601, 1613(a), will be issued to implementation of the selected Belding’s savannah sparrow, and many Far West, Inc. for approximately 5,839 alternative would have a significant species of migratory shorebirds and acres. The lands involved are in the impact upon the quality of the human waterfowl. The riparian woodlands vicinity of Chignik, Alaska. environment. provide habitat for the endangered least Seward Meridian, Alaska The Comprehensive Management Bell’s vireo, endangered southwestern Plan for the Tijuana Slough National willow flycatcher, and many species of T. 46 S., R. 58 W., Wildlife Refuge was integrated into and Secs. 14, 15, and 16; migratory birds. Secs. 20 to 23, inclusive; coordinated with the update of the 1986 Two alternatives are analyzed in the Secs. 27, 28, 29, 32, 33, and 34. Management Plan for the Tijuana River Environmental Assessment. Alternative National Estuarine Research Reserve A (preferred alternative) would A notice of the decision will be (NERR). The National Oceanic and implement increased levels of both published once a week, for four (4) Atmospheric Administration (NOAA) wildlife management and visitor consecutive weeks, in the Anchorage administers the National Estuarine services at the Tijuana Slough Refuge. Daily News. Copies of the decision may Research Reserve System. NOAA Alternative B (no action) would be obtained by contacting the Alaska requires that each NERR have an implement existing levels of wildlife State Office of the Bureau of Land approved written management plan that management and visitor services at the Management, 222 West Seventh # is periodically updated. The Tijuana Slough Refuge. The Avenue, 13, Anchorage, Alaska 99513– Comprehensive Management Plan is the Environmental Assessment also 7599 ((907) 271–5960). first update of the 1986 Tijuana River analyzes the environmental effects of (1) Any party claiming a property interest NERR Management Plan. predator management for the recovery of which is adversely affected by the decision, an agency of the Federal DATES: Written comments should be endangered and threatened species, (2) postmarked or electronically-mailed no construction of new office and government or regional corporation, later than June 21, 1999. classroom space, (3) acquisition of shall have until June 21, 1999 to file an appeal. However, parties receiving ADDRESSES: additional lands along Sea Coast Drive, There are three options for service by certified mail shall have 30 submitting comments on the Tijuana (4) annual sand dune maintenance, (5) relocation of damaged trails in the days from the date of receipt to file an Slough EA and CMP, mail, fax, or appeal. Appeals must be filed in the electronic mail. Mail or fax your Tijuana River floodplain, and (6) emergency dredging of the mouths of Bureau of Land Management at the comments to Dean Rundle, Manager, address identified above, where the San Diego Bay National Wildlife Refuge Oneonta Slough and Tijuana River. The environmental review of the requirements for filing an appeal may be Complex, 2736 Loker Avenue West, obtained. Parties who do not file an Suite A, Carlsbad, CA 92008, phone Refuge Comprehensive Management Plan and associated Environmental appeal in accordance with the (760) 930–0168, facsimile (760) 930– requirements of 43 CFR Part 4, Subpart 0256. You may submit comments by Assessment will be conducted in accordance with the National E, shall be deemed to have waived their electronic mail (e-mail) to: r1planning— rights. [email protected]. Submit comments as an Environmental Policy Act of 1969, as Katherine L. Flippen, ASCII file avoiding the use of special amended (42 U.S.C. 4321 et seq.), NEPA characters and any form of encryption, regulations (40 CFR 1500–1508), Land Law Examiner, Branch of State and Project Adjudication. and enter ‘‘Tijuana Slough NWR CMP/ National Wildlife Refuge System EA’’ in the subject line. Administration Act of 1966 as amended [FR Doc. 99–12839 Filed 5–20–99; 8:45 am] by the National Wildlife Refuge System BILLING CODE 4310±55±P SUPPLEMENTARY INFORMATION: Improvement Act of 1997 (16 U.S.C. Availability of Documents 668dd et seq.), other appropriate Federal DEPARTMENT OF THE INTERIOR Individuals who want copies of the laws and regulations, and Service policies and procedures for compliance Comprehensive Management Plan for Bureau of Land Management the Tijuana Slough National Wildlife with those regulations. Refuge and Associated Environmental Dated: May 17, 1999. [WO±240±1050±00±24 1A] Assessment, should immediately Elizabeth H. Stevens, contact Charles Houghten, Acting Chief, Acting Manager, California/Nevada Collection, Storage, Preservation and Division of Refuge Planning, 911 NE Operations Office, Sacramento, California. Scientific Study of Fossils From 11th Avenue, Portland, Oregon 97232, [FR Doc. 99–12838 Filed 5–20–99; 8:45 am] Federal and Indian Lands telephone (503) 231–2231, facsimile BILLING CODE 4310±55±P (503) 231–6161. These documents will AGENCY: Bureau of Land Management, also be available for viewing on the Interior. following Fish and Wildlife Service DEPARTMENT OF THE INTERIOR ACTION: Notice. webpage www.r1.fws.gov/ plnhome.html. Bureau of Land Management SUMMARY: Notice is hereby given that a public meeting regarding the collection, Background Information [AK±963±1410±00±P] storage, preservation and scientific The Tijuana Slough Refuge provides Notice for Publication; AA±6652±G; study of fossils from federal and Indian habitat for several endangered, Alaska Native Claims Selection lands will be held on June 21, 1999, in threatened, and migratory species. The Reston, Virginia at the U.S. Geological salt marsh, tidal channels, mudflats, In accordance with Departmental Survey auditorium. The Department of sand beaches, and dunes provide habitat regulation 43 CFR 2650.7(d), notice is the Interior will hold a one day public

VerDate 06-MAY-99 18:40 May 20, 1999 Jkt 183247 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 27804 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices meeting to receive input on federal the Best Western Sunridge Inn, One SUPPLEMENTARY INFORMATION: The WSA paleontology policies. Sunridge Lane, Baker City, Oregon is 21,000 acres of public land that has DATES: The meeting will be held on 97814. current vehicle and recreation use Monday, June 21, 1999, beginning at At an appropriate time, the Board will restrictions within it that were 8:30 A.M. Persons wishing to make a recess for approximately one hour for established through the Federal Register presentation have up to five minutes to lunch. Public comments will be on August 13, 1992. Both the WSA and make a statement and will be received from 12:00 p.m. to 12:15 p.m., SRMA are within the Egin-Hamer accommodated on a first-come, first- June 3, 1999. Topics to be discussed are Winter Seasonal Closure Area served basis. the prioritizing of market segments, established through the Federal Register ADDRESSES: The U.S. Geological Survey refinement of mission and goals, and on December 16, 1997. Recreation use in the SRMA has is located at 12201 Sunrise Valley Drive, reports from Coordinators of increased nearly 1000% from an Reston, Virginia, and parking is Subcommittees. estimated 14,000 visits in FY84 to over generally available at the USGS visitor DATES: The meeting will be from 8:00 136,000 visits in FY 98. The Egin Lakes lot. Written comments will be accepted a.m. to 4:00 p.m. June 3, 1999. Access Site alone recorded over 72,000 at the meeting or may be sent to Sara FOR FURTHER INFORMATION CONTACT: visits in which over 20,000 visitors were Pena, Bureau of Land Management, David B. Hunsaker, Bureau of Land campers using the undeveloped 1849 C. St., N.W., LS–204, Washington, Management, National Historic Oregon camping area or the developed parking D.C., 20240, by July 15, 1999. Trail, Interpretive Center, P.O. Box 987, lot to camp. Use along the Red Road FOR FURTHER INFORMATION CONTACT: Sara Baker City, OR 97814 (Telephone 541– where there are numerous undeveloped Pena, Bureau of Land Management at 523–1845). recreation sites recorded over 24,000 (202) 452–5040. Penelope Dunn-Woods, visits in which over 2000 visitors were SUPPLEMENTARY INFORMATION: The Acting District Manager. overnight campers. United States Senate (Senate Report [FR Doc. 99–12810 Filed 5–20–99; 8:45 am] Open campfire sites inside the Sand 105–227) requested that the Secretary of BILLING CODE 4310±33±M Mountain WSA but outside the Red the Interior, in consultation with Road Open Sand Campfire Area have appropriate scientific, educational, and increased tremendously in the last few commercial entities, prepare a report DEPARTMENT OF THE INTERIOR years, especially around major access assessing the need for a unified federal routes onto the open sand and around policy on the collection, storage, and Bureau of Land Management Dry Lake Bed (Hidden Lake) causing preservation of fossils. The background degradation of the natural values of the document, ‘‘Collection, Storage, [ID±036±1210±00] area. The last few years have also had Preservation and Scientific Study of non-traditional dispersed recreation Fossils from Federal and Indian Lands,’’ Notice of Recreation Use Restrictions uses occur on Hidden Lake which is a provides some information on current and Regulations for Egin Lakes dry lake bed in the winter but has water federal policies on paleontology. A copy Access and Red Road Recreation Sites throughout the spring, summer, and fall of the background document is available Adjacent and Within the Sand seasons. Snowmobile and Personal on the Interior Department web site at Mountain Wilderness Study Area Water Craft users have been using the http://www.doi.gov, or by contacting (WSA), Idaho lake in the summer for water craft Sara Pena, Bureau of Land Management, AGENCY: Bureau of Land Management, skimming. This activity has created 1849 C. St., N.W., LS–204, Washington, Interior. safety problems to other recreation users D.C., 20240, telephone: (202) 452–5040. along the lake shore and in the water. ACTION: Notice of recreation use These uses were not present at the time Dated: May 17, 1999. restrictions for Egin Lakes Access and Marilyn W. Nickels, the roadless inventory for wilderness Red Road recreation sites adjacent and values was conducted by the BLM Group Manager, Cultural Heritage, within the Sand Mountain WSA, Idaho. Wilderness, Special Areas and Paleontology, during 1970s and are not considered a Bureau of Land Management. SUMMARY: Notice is hereby given in type of primitive and unconfined recreation use for a wilderness [FR Doc. 99–12795 Filed 5–20–99; 8:45 am] accordance with Title 43 Group 8000- Recreation Programs, and in accordance characteristic. BILLING CODE 4310±84±M To reduce the litter and debris left in with the principles established by the open campfires causing safety problems Federal Land Policy and Management to recreation users, the degrading of DEPARTMENT OF THE INTERIOR Act of 1976 and the National natural values of the area and Environmental Policy Act of 1969, that prohibiting non-primitive type of Bureau of Land Management certain lands located in and adjacent to recreation activities inside the WSA, the the Sand Mountain WSA which [OR±030±09±1220±00: GP9±0183] following restrictions will be includes the area known as the St. implemented and apply to the Sand Notice of Meeting of the Oregon Trail Anthony Sand Dunes Special Recreation Mountain WSA: 1) Open campfires are Interpretive Center Advisory Board Management Area (SRMA) in Fremont prohibited inside the Sand Mountain and Jefferson Counties, Idaho have AGENCY: WSA except in the designated Red Road National Historic Oregon Trail recreation use restrictions placed upon Open Sand Campfire Area; 2) Use of Interpretive Center, Vale District, them. Actions are implemented under personal water craft or any other Bureau of Land Management, Interior. the authority of 43 CFR 8364. ACTION: Notice of meeting. motorized vehicle or craft is prohibited DATES: Effective date: May 26, 1999. on any body of water inside the WSA. SUMMARY: Notice is given that a meeting ADDRESSES: Bureau of Land Use in the developed and of the Advisory Board for the National Management, Upper Snake River undeveloped recreation sites and areas Historic Oregon Trail Interpretive District, Idaho Falls Field Office, 1405 surrounding and within the WSA have Center will be held on Thursday, June Hollipark Drive, Idaho Falls, Idaho increased over 20% the last three years. 3, 1999 from 8:00 a.m. to 4:00 p.m. at 83401, telephone (208) 524–7500. The use has created public safety and

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This these sites and areas. collected. collection of information is necessary in To reduce these public safety and DATES: Written comments should be order to determine when royalty natural environment concerns in these received on or before June 21, 1999. payments are due, and to determine the sites and areas, the following ADDRESSES: You may submit comments proper amount of payment. restrictions are to be implemented: (1) directly to the Office of Information and Under the NPSL bidding system, a Quiet hours within the Egin Lakes Regulatory Affairs, OMB, Attention: notice of OCS lease sale is published in Access Site and Red Road Recreation Desk Officer for the Department of the the Federal Register with a net profit Area is from 11pm until 7am; (2) The Interior (OMB Control Number 1010– share rate and a capital recovery factor burning of any foreign material other 0073), 725 17th Street, N.W., (CRF) established for each tract within than wood in all camp fires is Washington, D.C. 20503; telephone the sale. The CRF allows the lessee to prohibited throughout the St. Anthony (202) 395–7340. Copies of these inflate certain allowable costs by Sand Dunes SRMA. Prohibited material comments should also be sent to us. The multiplying costs by the CRF. This includes but not limited to pallets, U.S. Postal Service address is Minerals additional allowance results in a type of treated lumber, tires, glass, aluminum, Management Service, Royalty risk-sharing arrangement with the etc.; (3) Engaging in fighting; (4) Management Program, Rules and Government. Tracts within the same Addressing any offensive, derisive, or Publications Staff, P.O. Box 25165, MS sale may have different profit share rates annoying communication that has a 3021, Denver, Colorado 80225–0165; the and different CRF’s. The last OCS lease direct tendency to cause acts of violence courier address is Building 85, Room A– sale involving NPSL’s was in August by the person to whom, individually, 613, Denver Federal Center, Denver, 1983. the remark is addressed. Colorado 80225; and the e:Mail address When companies enter into NPSL Maps of the areas where the is [email protected]. agreements, they agree to submit the restrictions and regulations apply will FOR FURTHER INFORMATION CONTACT: reports required by 30 CFR 220.031. be available at the Idaho Falls Field Dennis C. Jones, Rules and Publications There are no reporting forms required, Office. Signs with the rules and Staff, telephone (303) 231–3046, FAX but the lessees must submit updates regulations will be posted at all (303) 231–3385, e:Mail containing specific information. Before entrances into the WSA as well as at the [email protected]. You may also production begins, reports are required recreation sites and areas. The new rules contact Dennis Jones to obtain a copy of on an annual basis. These reports must and regulations will incorporated into the ICR at no cost. document costs incurred, credits the existing St. Anthony Sand Dunes SUPPLEMENTARY INFORMATION: received, and the balance in the NPSL and Sand Mountain WSA information Title: Net Profit Share Leases. capital account. Once production flyer. OMB Control Number: 1010–0073. begins, monthly reports are required FOR FURTHER INFORMATION CONTACT: Bill Abstract: The Department of the that include the amount and disposition Boggs, Bureau of Land Management, Interior is responsible for matters of oil and gas saved, removed, or sold; Upper Snake River District, Idaho Falls relevant to mineral resource the amount of production revenue; the Field Office, 1405 Hollipark Drive, development in the OCS. The Secretary amount and description of costs and Idaho Falls, Idaho 83401, (208) 524– of the Interior (Secretary) is responsible credits to the NPSL capital account; the 7527. for managing the production of minerals balance in the capital account; the net profit share base and net profit share Dated: May 13, 1999. from Federal and Indian lands and the OCS; for collecting royalties from payment due the Government; and the Joe Kraayenbrink, lessees who produce minerals; and for lessee’s monthly profit share. All Field Manager. distributing the funds collected in information submitted is taken directly [FR Doc. 99–12809 Filed 5–20–99; 8:45 am] accordance with applicable laws. The from the lessee’s own records. No BILLING CODE 4310±GG±P Minerals Management Service (MMS) unique information is required by MMS. performs the royalty management Royalty payments are made based on functions for the Secretary. the individual lease’s net profit share DEPARTMENT OF THE INTERIOR To encourage exploration and rate, multiplied by the quantity development of oil and gas leases on (revenues and other credits, less costs). Minerals Management Service submerged lands of the Outer MMS uses the data submitted in the Agency Information Collection Continental Shelf (OCS), regulations annual and monthly reports to verify Activities: Submitted for Office of were promulgated at 30 CFR 260.110(4) costs claimed, revenues earned, and Management and Budget Review; implementing a net profit share bidding royalty payments due. No royalties are Comment Request system. The Net Profit Share Lease paid until the lessee recovers (NPSL) bidding system was established exploration and development expenses. AGENCY: Minerals Management Service to properly balance a fair market return Information provided in the reports is (MMS), Interior. to the Federal Government for the lease used by MMS auditors. Failure of the ACTION: Notice. of its lands, with a fair profit to respondent to submit the information companies risking their investment results in noncompliance with the SUMMARY: To comply with the capital. The system provides an requirements of 30 CFR Part 220 and Paperwork Reduction Act (44 U.S.C. incentive for early and expeditious could result in loss of royalty payments 3501 et seq.), we are notifying you that exploration and development, and to the Government. we have submitted an information provides for a sharing of the risks by the An agency may not conduct or collection request (ICR) to the Office of lessee and the Government. The bidding sponsor, and a person is not required to Management and Budget (OMB) for system incorporates a fixed capital respond to a collection of information review and approval. We are also recovery system as the means through unless it displays a currently valid OMB soliciting your comments on this ICR which the lessee recovers costs of Control Number. The Federal Register which describes the information exploration and development from Notice with a 60-day comment period collection, its expected costs and production revenues, along with a soliciting comments on this collection

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.129 pfrm07 PsN: 21MYN1 27806 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices of information was published on DEPARTMENT OF THE INTERIOR Frequency: These data will be December 11, 1998 (63 FR 68472). collected only once for each well owner Bureau of Reclamation Estimated Number and Type of or operator as long as changes in water use, or other changes that would impact Respondents/Affected Entities: Notice of Request for Extension of a Approximately 11 Federal and Indian contractual or administrative Currently Approved Information requirements, are not made. lessees and payors. Collection Estimated completion time: An Frequency of Response: Monthly AGENCY: Bureau of Reclamation, average of 30 minutes is required for responses are required for 15 leases, and Interior. Reclamation to interview individual annual responses are required for 3 ACTION: well owners or operators. Reclamation leases. Notice and request for comments. will use the information collected Burden Statement and Estimated during these interviews to complete the Annual Reporting and Recordkeeping SUMMARY: In accordance with the information collection form. ‘‘Hour’’ Burden: We estimate the Paperwork Reduction Act of 1995, this Annual responses: 1,000. respondent burden to average 16 hours notice announces the intentions of the per response for a total of 2,928 hours. Bureau of Reclamation to seek extension Annual burden hours: 500 hours. We estimate 1 hour of recordkeeping for of the information collection for the Dated: April 13, 1999. each of the 18 OCS leases with NPSL Lower Colorado River Well Inventory. William E. Rinne, The current OMB approval expires on agreements for a total of 18 hours. Area Manager, Boulder Canyon Operations Therefore, the total annual burden hour December 31, 1999. Office. estimate for this collection is 2,946 DATES: Comments on this notice must be [FR Doc. 99–12129 Filed 5–20–99; 8:45 am] hours. received by July 20, 1999. BILLING CODE 4310±94±M Estimated Annual Reporting and FOR FURTHER INFORMATION CONTACT: To Recordkeeping ‘‘Cost’’ Burden: We have obtain copies of the information identified no paperwork cost burdens collection form and to submit comments for this collection. on this information collection contact: INTERNATIONAL TRADE Mr. Jeffrey Addiego, Boulder Canyon COMMISSION Comments: Section 3506(c)(2)(A) of Operations Office, PO Box 61470, the Paperwork Reduction Act requires Boulder City, NV 89006–1470; Investigation No. 731±TA±326 each agency ‘‘* * * to provide notice telephone (702) 293–8525; or e-mail at (Review); Frozen Concentrated Orange ** * and otherwise consult with [email protected]. Juice from Brazil members of the public and affected SUPPLEMENTARY INFORMATION: Comments Determination agencies concerning each proposed are invited on: (a) Whether the proposed collection of information * * *.’’ collection of information is necessary On the basis of the record 1 developed Agencies must specifically solicit for the proper performance of the in the subject five-year review, the comments to: (a) evaluate whether the functions of Reclamation, including United States International Trade proposed collection of information is whether the information shall have Commission determines,2 pursuant to necessary for the agency to perform its practical utility; (b) the accuracy of section 751(c) of the Tariff Act of 1930 duties, including whether the Reclamation’s estimated burden of the (19 U.S.C. 1675(c)) (the Act), that information is useful; (b) evaluate the proposed collection of information; (c) revocation of the antidumping duty accuracy of the agency’s estimate of the ways to enhance the quality, utility, and order on frozen concentrated orange burden of the proposed collection of clarity of the information to be juice from Brazil would be likely to lead information; (c) enhance the quality, collected; and (d) ways to minimize the to continuation or recurrence of material usefulness, and clarity of the burden of the collection of information injury to an industry in the United information to be collected; and (d) on those who are to respond, including States within a reasonably foreseeable minimize the burden on the through the use of automated collection time. respondents, including the use of techniques or other forms of information Background automated collection techniques or technology. Consideration will be given other forms of information technology. to comments and suggestions submitted The Commission instituted this Send your comments directly to the within 60 days of this publication. review on December 2, 1998 (63 FR Title: Lower Colorado River Well offices listed under the ADDRESSES 66572) and determined on March 5, section of this notice. OMB has up to 60 Inventory. 1999 that it would conduct an expedited OMB No.: Reinstatement of OMB No. days to approve or disapprove the review (64 FR 12351, March 12, 1999). 1006–0014. information collection but may respond The Commission transmitted its Description of respondents: All determination in this review to the after 30 days. Therefore, to ensure diversions of mainstream Colorado maximum consideration, OMB should Secretary of Commerce on May 17, River water along the lower Colorado 1999. The views of the Commission are receive public comments by June 21, River must be accounted for and, for 1999. contained in USITC Publication 3195 non-Indian diverters, in accordance (May 1999), entitled Frozen MMS Information Collection with a water use contract with the Concentrated Orange Juice from Brazil: Clearance Officer: Jo Ann Lauterbach Secretary of the Interior. Each diverter Investigation No. 731–TA–326 (Review). (202) 208–7744. (including well pumpers) must be Issued: May 17, 1999. Dated: April 22, 1999. identified and their diversion locations and water use determined. This requires 1 Lucy Querques Denett, an inventory of wells along the lower The record is defined in sec. 207.2(f) of the Associate Director for Royalty Management. Commission’s Rules of Practice and Procedure (19 Colorado River and the gathering of CFR § 207.2(f)). [FR Doc. 99–12832 Filed 5–20–99; 8:45 am] specific information concerning each 2 Chairman Bragg not participating. BILLING CODE 4310±MR±P well. Commissioners Crawford and Askey dissenting.

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By order of the Commission. Authority: This review is being conducted Commission nevertheless reaffirms its Donna R. Koehnke, under authority of title VII of the Tariff Act belief that whenever possible its Secretary. of 1930; this notice is published pursuant to business should be conducted in public. section 207.62 of the Commission’s rules. [FR Doc. 99–12856 Filed 5–20–99; 8:45 am] The hearing will begin with a public Issued: May 18, 1999. BILLING CODE 7020±02±M presentation by the parties opposing By order of the Commission. revocation of the antidumping duty Donna R. Koehnke, order (the domestic producers) and the INTERNATIONAL TRADE Secretary. party supporting revocation COMMISSION [FR Doc. 99–12858 Filed 5–20–99; 8:45 am] (Sumitomo), with questions from the Commission. In addition, the hearing [Investigation No. 731±TA±282 (Review)] BILLING CODE 7020±02±P will include a 15-minute in camera Petroleum Wax Candles From China session for a confidential presentation INTERNATIONAL TRADE by the Sumitomo and for questions from AGENCY: International Trade COMMISSION the Commission relating to the BPI, Commission. followed by a 15-minute in camera [Investigation No. AA1921±115 (Review)] ACTION: Revised schedule for the subject rebuttal presentation by the domestic review. Synthetic Methionine From Japan; producers. For any in camera session the room will be cleared of all persons EFFECTIVE DATE: Notice of Commission Determination May 14, 1999. except those who have been granted FOR FURTHER INFORMATION CONTACT: To Conduct a Portion of the Hearing In Camera access to BPI under a Commission Bonnie Noreen (202–205–3167), Office administrative protective order (APO) of Investigations, U.S. International AGENCY: U.S. International Trade and are included on the Commission’s Trade Commission, 500 E Street SW, Commission. APO service list in this investigation. Washington, DC 20436. Hearing- ACTION: Closure of a portion of a See 19 C.F.R. 201.35(b)(1), (2). The time impaired persons can obtain Commission hearing. for the parties’ presentations and information on this matter by contacting rebuttals in the in camera session will the Commission’s TDD terminal on 202– SUMMARY: Upon request of Japanese be taken from their respective overall 205–1810. Persons with mobility producer Sumitomo Chemical Co., allotments for the hearing. All persons impairments who will need special Limited (‘‘Sumitomo’’), the Commission planning to attend the in camera assistance in gaining access to the has determined to conduct a portion of portions of the hearing should be Commission should contact the Office its hearing in the above-captioned prepared to present proper of the Secretary at 202–205–2000. investigations scheduled for May 18, identification. General information concerning the 1999, in camera. See Commission rules Commission may also be obtained by Authority: The General Counsel has 207.24(d), 201.13(m) and 201.36(b)(4) certified, pursuant to Commission Rule accessing its internet server (http:// (19 C.F.R. 207.24(d), 201.13(m) and www.usitc.gov). 201.39 (19 C.F.R. 201.39) that, in her opinion, 201.36(b)(4)). The remainder of the a portion of the Commission’s hearing in SUPPLEMENTARY INFORMATION: On April hearing will be open to the public. The Synthetic Methionine from Japan, Inv. No. 8, 1999, the Commission established a Commission has determined that the AA1921–115 (Review), may be closed to the schedule for the conduct of the seven-day advance notice of the change public to prevent the disclosure of BPI. expedited five-year review of the subject to a meeting was not possible. See Issued: May 17, 1999. antidumping duty order (64 FR 19197, Commission rule 201.35(a), (c)(1) (19 By order of the Commission. Apr. 19, 1999). Subsequently, the C.F.R. 201.35(a), (c)(1)). Donna R. Koehnke, Department of Commerce extended the FOR FURTHER INFORMATION CONTACT: date for its final results in the expedited Secretary. Andrea C. Casson, Office of General review from May 4, 1999, to August 2, [FR Doc. 99–12857 Filed 5–20–99; 8:45 am] Counsel, U.S. International Trade 1999 (64 FR 24573, May 7, 1999). The BILLING CODE 7020±02±P Commission, telephone 202–205–3105, Commission, therefore, is revising its e-mail [email protected]. Hearing- schedule to conform with Commerce’s impaired individuals are advised that new schedule. DEPARTMENT OF JUSTICE The Commission’s new schedule for information on this matter may be the investigation is as follows: the staff obtained by contacting the Immigration and Naturalization Service report will be placed in the nonpublic Commission’s TDD terminal on 202– Agency Information Collection record on August 4, 1999; the deadline 205–1810. for interested party comments (which SUPPLEMENTARY INFORMATION: The Activities: Comment Request may not contain new factual Commission believes that Sumitomo has ACTION: Request OMB emergency information) is August 9, 1999; and the justified the need for a closed session. approval; Application for Suspension of deadline for brief written statements Sumitomo seeks a closed session to Deportation and Special Rule (which shall not contain new factual allow for a discussion of it business Cancellation of Removal. information) pertinent to the review by operations and those of the domestic any person that is neither a party to the industry. In this investigation, the The Department of Justice, five-year review not an interested party aggregate data of the domestic industry Immigration and Naturalization Service is August 9, 1999. is business proprietary information (INS) has submitted an emergency For further information concerning (BPI). Because Sumitomo’s discussion of information collection request (ICR) this review see the Commission’s notice its own operations and of the domestic utilizing emergency review procedures, cited above and the Commission’s Rules industry’s data will necessitate to the Office of Management and Budget of Practice and Procedure, part 201, disclosure of business proprietary (OMB) for review and clearance in subparts A through E (19 CFR part 201), information (BPI), it can only occur if a accordance with section and part 207, subparts A, D, E, and F (19 portion of the hearing is held in camera. 1320.13(a)(1)(ii) and (a)(2)(iii) of the CFR part 207). In making this decision, the Paperwork Reduction Act of 1995. The

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INS has determined that it cannot other forms of information technology, DEPARTMENT OF JUSTICE reasonably comply with the normal e.g., permitting electronic submission of clearance procedures under this part responses. Office of Justice Programs because normal clearance procedures Overview of this information [OJP(BJA)±1220] are reasonably likely to prevent or collection: disrupt the collection of information. RIN 1121±ZB53 Therefor, OMB approval has been (1) Type of Information Collection: requested by May 21, 1999. If granted, Revision of currently approved Motor Vehicle Theft Prevention Act the emergency approval is only valid for collection. Program 180 days. ALL comments and/or (2) Title of the Form/Collection: AGENCY: questions pertaining to this pending Bureau of Justice Assistance, Application for Suspension of Office of Justice Programs, Justice. request for emergency approval MUST Deportation and Special Rule ACTION: Fiscal Year 1999 Request for be directed to OMB, Office of Cancellation of Removal. Information and Regulatory Affairs, Proposals (RFP). Attention: Mr. Stuart Shapiro, 202–395– (3) Agency form number, if any, and SUMMARY: 7316, Department of Justice Desk the applicable component of the The Bureau of Justice Officer, Washington, DC 20503. Department of Justice sponsoring the Assistance (BJA) is soliciting grant Comments regarding the emergency collection: Form I–881. International applications from State governments submission of this information Affairs, Office of Asylum, Immigration interested in participating in the collection may also be submitted via and Naturalization Service. national voluntary motor vehicle theft facsimile to Mr. Shapiro at 202–395– prevention program, Watch Your Car, as (4) Affected public who will be asked authorized under the Motor Vehicle 6974. or required to respond, as well as a brief During the first 60 days of this same Theft Prevention Act of 1994 (MVTPA). abstract: Primary: Individuals or period, a regular review of this DATES: All applications must be information collection is also being Households. This form is used by returned with a postmark, or dated undertaken. During the regular review nonimmigrants to apply for suspension receipt by a private carrier, no later than period, the INS requests written of deportation or Special Rule June 15, 1999. cancellation of removal. The comments and suggestions from the ADDRESSES: All proposals must be public and affected agencies concerning information collected on this form is mailed or sent to: Bureau of Justice this information collection. Comments necessary in order for the INS to Assistance; Attention: Watch Your Car are encouraged and will be accepted determine if it has jurisdiction over an Program Office; Bureau of Justice until July 20, 1999. During 60-day individual applying for this release as Assistance; 810 Seventh Street NW, regular review, ALL comments and well as to elicit information regarding Room 4411, Washington, D.C. 20531. suggestions, suggestions, or questions the eligibility of an individual applying FOR FURTHER INFORMATION CONTACT: The regarding additional information, to for this release, pursuant to section 203 Bureau of Justice Assistance has already include obtaining a copy of the of Public Law 105–100. mailed program guides and application information collection instrument with (5) An estimate of the total number of kits to each eligible State. The State’s instructions, should be directed to Mr. respondents and the amount of time automobile theft prevention authority, Richard A. Sloan, 202–514–3291, estimated for an average respondent to where one exists, is designated as the Director, Policy Directives and recipient. For those States without an Instructions Branch, Immigration and respond: 100,000 responses at 12 hours authority, the agency that administers Naturalization Service, U.S. Department per response. the Byrne Formula Grant Program will of Justice, Room 5307, 425 I Street, NW., (6) An estimate of the total public be the recipient. However, any State Washington, DC 20536. Written burden (in hours) associated with the agency involved in preventing motor comments and suggestions from the collection: 1,200,000 annual burden vehicle theft may apply. Only one initial public and affected agencies concerning hours. award will be made per State. However, the proposed collection of information If additional information is required those States that received initial awards should address one or more of the contact: Mr. Robert B. Briggs, Clearance during fiscal years 1996 and 1997 and following four points. (1) Evaluate whether the proposed Officer, United States Department of eligible to apply for supplements. collection of information is necessary Justice, Information Management and Copies of a fact sheet describing the for the proper performance of the Security Staff, Justice Management Program are available by calling the U.S. functions of the agency, including Division, Suite 850, Washington Center, Department of Justice Response Center whether the information will have 1001 G Street, NW., Washington, DC at 1–800–421–6770. The metropolitan practical utility; 20530. Washington, D.C., area number is 202– (2) Evaluate the accuracy of the 307–1480. Interested parties may Dated: May 17, 1999. download and print a copy of this agencies estimate of the burden of the Stephen Tarragon, proposed collection of information, announcement by accessing BJA’s including the validity of the Acting Department Clearance Officer, National Auto Theft Prevention Program Department of Justice, Immigration and methodology and assumptions used; Web page at ‘‘http://www.ojp.usdoj.gov/ (3) Enhance the quality, utility, and Naturalization Service. BJA/html/wyc.htm’’. Adobe Acrobat clarity of the information to be [FR Doc. 99–12841 Filed 5–20–99; 8:45 am] software, an on-line fact sheet on the collected; and BILLING CODE 4410±10±M Watch Your Car Program, samples of the (4) Minimize the burden of the decals, the recipient of the program collection of information on those who guide and application kit for each State, are to respond, including through the and other graphical images and statistics use of appropriate automated, pertaining to auto theft are also electronic, mechanical, or other available at this site. technological collection techniques or SUPPLEMENTARY INFORMATION:

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Authority enforcement on vehicles that are not BJA’s specifications call for the Section 220001 of the Violent Crime routinely operated during the early manufacture of tamper-resistant decals Control and Law Enforcement Act of morning hours or are operated near made from retro reflective sheeting to 1994, Pub. L. No. 103–322, 108 Stat. international land borders or ports. The make them easily discernible at night. 2074, codified at 42 U.S.C. 14171, program enables proactive investigation The windshield decal(s) are to be contains the Motor Vehicle Theft of potential auto theft before a stolen applied on the outside of the glass Prevention Act (MVTPA). The MVTPA vehicle report is filed. directly above the inside rear-view requires the Attorney General to Under this program, a motor vehicle mirror. The rear window decal is affixed establish a national voluntary motor owner must sign a consent form and on the exterior face along the lower left vehicle theft prevention program. A obtain decals authorizing law side. proposed rule was published in the enforcement officers to stop the motor The MVTPA Program compels a thief Federal Register on October 24, 1995. vehicle if it is being driven under to remove tamper-resistant decals while The final rule was published on August certain specified conditions and to take alongside the vehicle, acting 6, 1996, and awards were made to the reasonable steps to determine whether suspiciously and drawing attention to States of Arizona and New Mexico in the vehicle is being operated with the himself/herself. These impediments, in September, 1996. An FY 1997 RFP was owner’s consent. There are two addition to other theft prevention published in the Federal Register on conditions. Under the first condition, devices such as steering wheel locks, April 14, 1997, and on September 30, the owner may consent to have the car increase the number of hurdles a thief 1997, grant awards were made to the stopped if it is operated between the must overcome and raise the level of States of Florida, Maryland, North hours of 1 a.m. and 5 a.m. Under the theft deterrence. The MVTPA requires, as a condition Carolina, New Jersey, New York, and second condition, the owner may of participation, that each State agree to Tennessee. The FY 1998 RFP appeared consent to have the car stopped if it take reasonable steps to ensure that law in the February 13, 1998 Federal crosses or is about to cross a United enforcement officials throughout its Register, and awards were subsequently States land border or if it enters a port. jurisdiction are familiar with the made in August, 1998 to Alabama, States elect to participate in the program and with the conditions under Connecticut, Massachusetts, Minnesota, program solely at their option. which motor vehicles may be stopped. South Carolina, and the United States BJA is aware of similar types of theft This program is a Federal program Virgin Islands. The purpose of this prevention programs already in that operates separately from any announcement is to notify States that existence. The most common program is existing State or local motor vehicle have not received no funding, or Combat Auto Theft (CAT), which is theft prevention program. It is not received funding during Fiscal Years used on a statewide basis and by intended to preempt existing State or 1996 and 1997 of the availability of individual local jurisdictions in local laws or programs. grant funds appropriated under the California, Louisiana, Minnesota, and authority of Public Law 105–277, the Pennsylvania. Illinois has the Beat Auto Application Requirements Omnibus Appropriations Act for Fiscal Theft (BAT) Program, and Texas Problem Statement Year 1999. originated the Help End Auto Theft States wishing to apply shall provide Grant Offering (HEAT) Program. Programs such as CAT, BAT, and an assessment of the auto theft problem BJA will be offering implementation HEAT function on a statewide basis to in their State and what efforts have been grants for States that have no statewide insure a level of uniformity among undertaken to address it. Applicants should contrast the severity of their auto motor vehicle theft prevention decal participating municipalities and theft problem with those in other States program in place and for States with counties. These programs have worked and discern the patterns and trends of existing programs that wish to make the successfully in their States of origin auto theft. States should also identify transition to the Watch Your Car because police throughout the State what steps have been taken to decrease Program. Implementation grants will be could easily recognize their own decal. auto theft. For instance, does the State awarded up to $200,000. If a thief drove a stolen vehicle across For the past three years, the maximum have an automobile theft prevention state lines however, the police in the award amount was $150,000. For those authority and what types of initiatives it adjoining jurisdiction may not have States that received awards during fiscal supports to combat auto theft? years 1996 and 1997, BJA will consider recognized the decal or if they did Goals and Objectives applications for supplemental awards, recognize it, may lack the authorization on a case-by-case basis, in order for to stop the vehicle and check the The applicant must provide goals, those States to attain parity with the identity of the driver. The dissimilarity objectives, and methods of increased base level. of statewide programs has been further implementation for the project that are BJA encourages innovative complicated by the proliferation of local consistent with the program approaches to implementing anti-theft programs in States without a announcement. Objectives should be comprehensive, unique anti-car-theft statewide program. Numerous clear, measurable, attainable, and initiatives and will evaluate municipalities and counties have focused on the methods used to conduct applications based on the size and scope adopted a variety of programs using the project. Favorable consideration will of the proposed project and its differing emblems, icons, and symbols. be given to those applicants that merge compatibility with other theft The main advantage of the national their auto theft enforcement efforts and prevention measures. Other factors for Watch Your Car Program is its use of a their prevention initiatives into a consideration include the amount of decal that will eventually become an coherent strategy and establish goals public and private resources leveraged recognizable icon by police nationwide. and objectives based on the anticipated in the proposal. It features the capability of intra/ collective outcome of both approaches. interstate enforcement through the Background checking of vehicles with differing Project Strategy or Design The purpose of the Watch Your Car county and/or out-of-State license The project strategy or design should Program is to focus the attention of law plates. describe the Watch Your Car Program

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.211 pfrm07 PsN: 21MYN1 27810 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices the State wishes to implement including DEPARTMENT OF LABOR TA–W–35,809; Globe Construction Co., its size and scope; outreach efforts to Inc., Hobbs, NM educate the public; statewide training Employment and Training TA–W–36,023; Holson Burnes, Div. of programs to inform municipal, county, Administration Newell Co., North Smithfield, RI TA–W–35,760; Stu Blattner, Inc., and State law enforcement officers of Notice of Determinations Regarding the program; a description of the Golden, CO Eligibility To Apply for Worker TA–W–35,741; Partners in Exploration database if the State wishes to maintain Adjustment Assistance and NAFTA LLC, Richardson, TX a centralized computer registry; the Transitional Adjustment Assistance TA–W–36,021; RH Component production and dissemination of Technologies, Rolls Royce Howmet In accordance with Section 223 of the universal consent forms authorizing Components Technologies (RHCT), Trade Act of 1974, as amended, the traffic stops by any local, State, or Claremore, OK Federal law enforcement officer Department of Labor herein presents TA–W–36,082; Quality Oil Service, Jal, pursuant to the stipulated program summaries of determinations regarding NM condition(s); and efforts to be eligibility to apply for trade adjustment TA–W–35,808; Paul Sebastian, Inc., assistance for workers (TA–W) issued undertaken to enlist both public and Ocean, NJ during the period of April and May, private organizations such as auto TA–W–35,877; Production Testing 1999. Services, Alaska Div., Anchorage, dealers, auto insurance companies, and In order for an affirmative other major retail businesses willing to AK determination to be made and a TA–W–35,875; Wilson Supply, Houston, host registration programs and certification of eligibility to apply for TX encourage employee participation. worker adjustment assistance to be TA–W–35,767; U.S. Energy Corp., Implementation Plan issued, each of the group eligibility Jackpot Mine, Riverton, WY requirements of Section 222 of the Act TA–W–35,678; Terratherm The applicant should provide an must be met. Environmental Services, Inc., implementation plan for the program (1) That a significant number or Houston, TX outlined above. It should include a proportion of the workers in the TA–W–35,685; The Worcester Co., New schedule with milestones for significant workers’ firm, or an appropriate York, NY tasks in a chart form. subdivision thereof, have become totally TA–W–35,816; Chapman Services, Inc., or partially separated, Odessa, TX Additional Resource Commitments (2) That sales or production, or both, TA–W–35,730; Medco Trucking, Questa, of the firm or subdivision have NM The applicant is encouraged to decreased absolutely, and The workers firm does not produce an leverage other resources—State, local, or (3) That increases of imports of article as required for certification under private—in support of this project. articles like or directly competitive with Section 222 of the Trade Act of 1974. articles produced by the firm or Project Management Structure TA–W–35,888; North Power, Arcade, NY appropriate subdivision have TA–W–35,675; Connor Corp., The applicant should describe how contributed importantly to the Indianapolis, IN the project will be structured, organized, separations, or threat thereof, and to the TA–W–35,432; Illinois Glove Co., and managed. It should identify and absolute decline sales or production. Effingham, IL describe the qualifications and Negative Determinations for Worker TA–W–35,930; Mueller Industries, Inc., experience of the project director and Adjustment Assistance Wynne, AR TA–W–35,776; Illinois Glove Co., project staff, the basis for their selection, In each of the following cases the and their roles and responsibilities. Beardstown, IL investigation revealed that criterion (3) TA–W–35,967; Siemens ICN, a/k/a Organizational Capability has not been met. A survey of customers Siemens Information indicated that increased imports did not Communications Networks, Inc., The applicant should describe the contribute importantly to worker Cherry Hill, NJ organizational experience, both separations at the firm. TA–W–35,490; Rock-Tenn Co., programmatic and financial, that TA–W–35,541; Boston Precision Parts Taylorsville, NC qualifies it to manage the project. Co., Hyde Park, MA TA–W–35,797; Columbia Controls & TA–W–35,755; Smith Meter, Inc., An Panels, Portland, OR Program Evaluation FMC Corp. Subsidiary, Erie, PA TA–W–35,771; United States Can Co., TA–W–35,811; Reliance Electric, A Div. Ballonoff Unit, Columbiana, OH The program evaluation should of Rockwell Automation, Madison, TA–W–35,399; The Boeing Co., Seattle indicate how the applicant will assess IN WA & Operating in the Following the success of project implementation TA–W–35,821; PMC Global Industries, Locations A; Puget Sound Region, and the extent to which the strategy Inc., Odessa, TX WA, B; Wichita, KS, C; achieved the project’s goals and TA–W–35,641; Green Garden, Somerset, Philadelphia, PA, D; Tulsa, OK, E; objectives. PA McAlester, OK and F; Oak Ridge, Nancy E. Gist, In the following cases, the TN investigation revealed that the criteria TA–W–35,911; Morrow Snowboards, Director, Bureau of Justice Assistance. for eligibility have not been met for the Inc., Salem, OR [FR Doc. 99–12821 Filed 5–20–99; 8:45 am] reasons specified. TA–W–36,090; Cliffs Drilling Co., BILLING CODE 4410±18±P TA–W–35,709; Handy Button Machine Houston, TX Co, New York, NY TA–W–35,420; Active Products Corp., TA–W–36,042; Broughton Operating Marion, IN Corp., Houston, TX Increased imports did not contribute TA–W–35,997; Beau Monde, New York, importantly to worker separations at the NY firm.

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Affirmative Determinations for Worker TA–W–35,315; Hensley Woodworking, TA–W–35,517; Kopfman & McGinnis, Adjustment Assistance Strawberry Plains, TN: November Inc (d/b/a H & W Oil Co), Hays, KS: The following certifications have been 23, 1998. January 1, 1998. issued; the date following the company TA–W–35,790 & A; KCS Mountain TA–W–35,826; Harris Mud & Chemical, name and location of each Resources, Inc., Warland, WY and Inc., Olney, IL: February 23, 1998. determination references the impact for Manderson, WY: February 12, 1998. TA–W–35,915 & A, B, C; VF Jeanswear, all workers of such determination. TA–W–35,784; Hycroft Resources & Richland, MO, Springfield, MO, Development, Winnemucca, NV: Houston, MO and Lebanon, MO: TA–W–35,524; Lincoln Laser Co, February 12, 1998. February 16, 1998. Phoenix, AR: January 12, 1998. TA–W–35,830; Hayes Corp., Norcross, TA–W–35,525 & A, B; Ithaca Industries, TA–W–35,512; Tecos Fashions, El Paso, GA: February 19, 1998. Inc., Gastonia, NC, Cairo, GA and TX: January 5, 1998. TA–W–35,854; Carolina Maid Products, TA–W–35,689; AMP, Inc., Green Valley Vidalia, GA: January 11, 1998. Inc., Granite Quarry, NC: March 3, TA–W–35,600; Exolon-Esk Co., Road Plant, Seven Valleys, PA: 1998. Tonawanda, NY: December 28, February 1, 1998. TA–W–35,582; Stevens International, TA–W–35,693; Columbia Forest 1998. Inc., Hamilton, OH: March 26, 1999. Products, New Freedom Div., New TA–W–35,937; Lee Sportswear, Inc., TA–W–35,777; John Deere Consumer Freedom, PA: February 1, 1998. Plantersville, MS: March 18, 1998. TA–W–35,753; Molen Drilling Co., Inc., Products, Greer, SC and Gastonia, TA–W–35,947; Flair-Fold Corp., Billings, MT: February 15, 1998. NC: February 22, 1998. Hiawatha, KS: March 8, 1998. TA–W–35,511; Stanley Tools, Goldblatt TA–W–35,618; Kinzua Resources LLC, TA–W–35,932; Lenox Crystal, Inc., Mt. Plant, Kansas City, KS: January 6, Heppner Mill, Heppner, OR: Pleasant, PA: May 24, 1999. 1998. January 28, 1998. TA–W–35,945; Worldclass Processing, TA–W–35,446; Amphenol Corp., TA–W–35,746; Boise Cascade Corp., Inc., Ambridge, PA: March 10, 1998. Amphenol Aerospace Operations, Fisher Sawmill, Fisher, LA: TA–W–35,700; Warnaco, Inc., Blanch Sidney, NY: February 8, 1999. February 8, 1998. Div., New York, NY: January 28, TA–W–35,460; Amerada Hess Corp., TA–W–35,557; Freeport-McMoRan 1998. Houston, TX & Operating at Sulphur LLC, Calberson Mine, TA–W–35,747; The John Rems Corp., Various Locations in The Following Pecos, TX Including Leased McCungie, PA: February 3, 1998. States: A; LA, B; ND, C; NM, D; TX: Workers of Pecos Valley Field TA–W–35,804; Veritas DGC Land, US December 18, 1997. Services, Inc., Pecos, TX: January Transition Div., Pearl, MS: February TA–W–35,579 & A; Mitchell Energy & 12, 1998. 23, 1998. Development Crop. Headquartered TA–W–35,658; Motorola, Inc., TA–W–35,998; G.W.W., Inc., Elkhorn, in The Woodland, TX & Operating Component Products Div., SAW WI: March 25, 1998. Through The State of TX and Business Unit, Scottsdale, AZ: TA–W–35,722; Rostra Precision Mitchell Louisiana Gas Services L.P. January 17, 1998. Controls; Laurinburg, NC: February & Operating Throughout The State TA–W–35,634; CJR Contractors, Inc., 11, 1998. of Louisiana: January 12, 1998. Denver City, TX: January 12, 1998. TA–W–35,831; LaBrava LTD, Brooklyn, TA–W–35,478; E.I. DuPont De Nemours TA–W–35,568; Nakano USA, Inc., St. NY: February 23, 1998. & Co., Inc., Cedar Creek Site, Marys, OH: January 19, 1998. TA–W–36,068, BTR Sealing Systems Fayetteville, NC: December 28, TA–W–35,320; Lucky Star Industries, Ohio, West Unity, OH: March 30, 1997. Patterson, NJ: November 24, 1997. 1998. TA–W–35,897; The West Bend Co., West TA–W–35,363; Eden Apparel, Inc., TA–W–35,645; Phoenix Industries, Bend, WI: February 26, 1998. Manchester, TN: December 1, 1997. McAlester, OK: January 27, 1998. TA–W–35,943; Greif Bros. Corp., TA–W–35,611; Story & Clark Piano Co., TA–W–35,660 & A; C.B. Cummings & Baltimore, MD: March 15, 1998. Seneca, PA: January 21, 1998. Sons Co., Norway, ME and TA–W–35,661; Discovery Drilling Co., TA–W–36,007; Hamphire Designers, Groveton, NH: January 8, 1998. Inc., Hays, KS: January 1, 1998. Inc., Winona Knitting Mills Div., TA–W–35,734; Basin Tools & Service, TA–W–35,707; Wool Fashions, Inc., LaCrescent, MN and Winona, MN: Inc., Williston, ND: February 2, Hoboken, NJ: February 8, 1998. March 29, 1998. 1998. TA–W–35,614; Jasper Textiles, Inc., TA–W–35,623 & A; Leasehold TA–W–35,955; Mowad Apparel, Inc., El a/k/a Outer Banks, Jacksonville, Management Corp., Oklahoma City, Paso, TX: March 15, 1998. NC: January 20, 1998. OK and Seminole, OK: January 24, TA–W–35,765; Hennepin Paper Co., TA–W–35,690; Kleinert’s, Inc of 1998. Little Falls, MN: February 17, 1998. Alabama, Elba, AL: February 1, TA–W–35,674; Custom Engineering Co., TA–W–35,666; Mayflower 1998. Erie, PA: February 8, 1998; Manufacturing Co., Old Forge, PA: TA–W–35,829; Lucia, Inc., Elkin Plant, TA–W–35,669; Patterson Energy, Inc., January 1, 1998. Elkin, NC: April 30, 1998. Snyder, TX and Workers of TA–W–35,842; MKE Quantum TA–W–35,733 & A; Chinook Group, Inc., Patterson Drilling Co. A/k/a Components (MKOC), Louisville, North Branch, MN and St. Paul, Robertson Onshore Drilling, CO: February 25, 1998. MN: January 24, 1998. Patterson Petroleum, Inc., Lone TA–W–36,033; American Casing, Inc., TA–W–35,345; International Paper Co., State Mud, Inc., Operating in the Williston, ND: March 17, 1998. Printing Papers Div., Ticonderoga, Following States A; TX, B; LA, C; TA–W–35,985; Emerson Electric Co., NY: December 1, 1997. NM, D; MS: February 3, 1998. Specialty Motor Div., TA–W–35,672; Allvac Latrobe Plant, An TA–W–35,889 & A; Ominex Energy, Inc., Independence, KS: March 20, 1998. Allegheny Teledyne Co., Latrobe, Mason, MI and Ludingto, MT: TA–W–35,813; Fentress Industries, PA: February 8, 1998. March 8, 1998. Jamestown, TN: February 16, 1998. TA–W–35,834; Gambro Renal Care TA–W–35,739; Southwest Royalties, TA–W–36,040; Westport Oil and Gas Products, Newport News, VA: Inc., Midland, TX: February 11, Co., Inc., Denver, CO and Houston, February 19, 1998. 1998. TX: March 25, 1998.

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TA–W–34,668; Pinson Mining Co., TA–W–35,519; Henry Glass & Co., Inc., Negative Determinations NAFTA–TAA Winnemucca, NV: February 4, 1998. New York NY: January 8, 1998. In each of the following cases the TA–W–35,903; Independence Mining TA–W–35,817; Rawlings Manufacturing, investigation revealed that criteria (3) Co., Inc., Elko, NV: March 5, 1998. Football Dept., Ava, MO: February and (4) were not met. Imports from TA–W–35,973; Edwards Systems 17, 1998. Canada or Mexico did not contribute Technology, Pittsfield, ME: March TA–W–35,987; Calgon Carbon Corp., importantly to workers’ separations. 26, 1998. Catlettsburg, KY: March 23, 1998. There was no shift in production from TA–W–36,002; Imperial Home, Decor TA–W–35,848; Pool Co., Roosevelt, UT: the subject firm to Canada or Mexico Group, Plattsburgh, NY: April 29, January 4, 1998. during the relevant period. 1999. TA–W–35,688; Tactyl Technologies, Inc. TA–W–35,516; ASARCO, Inc., EL Paso, A Subsidiary of Safeskin Corp., NAFTA–TAA–03002; Rainier West TX: January 7, 1998. Vista, CA: February 3, 1998. Sportswear, Centralia, WA TA–W–35,788; Harman International, TA–W–35,919; Dales Sportswear, NAFTA–TAA–02834; ASARCO, Inc., El McGregor Loudspeaker Hartford, AL: March 18, 1998. Paso, TX Manufacturing, Prairie du Chen, TA–W–36,032 & A, B; Hallwood NAFTA–TAA–02937; Reliance Electric, WI: February 17, 1998. Petroleum, Inc., Great Bend, KS, A Div. of Rockwell Automation, TA–W–35,858 &A; Ediburg Plainville, KS and Big Lake, TX: Madison, IN NAFTA–TAA–02933; Arrow Automotive Manufacturing Co a/k/a March 17, 1998. Waxahachie Garment Co., TA–W–35,949; Bonnell Mfg Co., Inc., Mt. Industries, Morrilton, AR NAFTA–TAA–02832; Rock-Tenn Co., Edinburg, TX and Weslaco Laurel, NJ: March 8, 1998. TA–W–35,456; Hitachi Semiconductor Taylorsville, NC Operatings a/k/a Weslaco Cutting NAFTA–TAA–03000; Phoenix (America, Inc., Manufacturing Div., Center, Bowie Manufacturing, Production Co., Cody, WY Haggar Clothing Co, Weslaco, TX: Irving, TX: December 10, 1997. NAFTA–TAA–02919; Martin Marietta February 22, 1999. Also, pursuant to Title V of the North Magnesia Specialties, Inc., TA–W–35,931; Power Resource, Inc., American Free Trade Agreement Manistee, MI Casper, WY and Douglas, WY: Implementation Act (P.L. 103–182) NAFTA–TAA–2985; Continental March 11, 1998. concerning transitional adjustment Sprayers, Inc., El Paso, TX TA–W–35,752; Rhodia Rare Earths, Inc., assistance hereinafter called (NAFTA– The investigation revealed that the Freeport, TX: February 1, 1998. TAA) and in accordance with Section criteria for eligibility have not been met TA–W–35,979; Vishay Sprague, 250(a), Subchapter D, Chapter 2, Title II, for the reasons specified. Concord, NH: March 17, 1998. of the Trade Act as amended, the TA–W–35,607; The Machintosh of New NAFTA–TAA–03021; Smith Foods, Inc., Department of Labor presents Independence, KS England Co., New Bedford, MA: summaries of determinations regarding The investigation revealed that the January 8, 1998. eligibility to apply for NAFTA–TAA works of the subject firm did not TA–W–35,824; Therm-O-Disk, Inc., El issued during the month of April and produce an article within the meaning Paso, TX: February 21, 1998. May 1999. TA–W–35,868; 3M West Deptford Plant, In order for an affirmative of Section 250(a) of the Trade Act, as Electrical Prducs Div., Thorofare, determination to be made and a amended. NJ: February 22, 1998. certification of eligibility to apply for Affirmative Determinations NAFTA– TA–W–35,735; McDowell Country NAFTA–TAA the following group TAA Apparel, Bradshaw, WV: February eligibility requirements of Section 250 1, 1998. NAFTA–TAA–02920; Custom TA–W–35,789; U.S. Colors, Inc., of the Trade Act must be met: Engineering Co., Erie, PA: February (1) That a significant number or Scottsville, KY: February 12, 1998. 8, 1998. TA–W–35,001; The Wells Lamont Corp., proportion of the workers in the NAFTA–TAA–03090; Chamberlain McGehee, AR: March 19, 1998. workers’ firm, or an appropriate Moore-O-Matic, Waupaca, WI: TA–W–35,725 & A; DLB Equities LLC, subdivision thereof, (including workers March 29, 1998. Oklahoma City, OK and Gulfport in any agricultural firm or appropriate NAFTA–TAA–03146; Cooper Industries, Energy Corp., Oklahoma City, OK: subdivision thereof) have become totally Inc., Bussmann Div., Elizabethtown, February 11, 1998. or partially separated from employment KY: April 13, 1998. TA–W–36,011; Westwood Products A and either— NAFTA–TAA–03089; Aloecorp, Div. Of WWP, Inc., New Castle, IN: (2) That sales or production, or both, Harlingen, TX: March 26, 1998. March 21, 1998. of such firm or subdivision have NAFTA–TAA–03082; Breed TA–W–35,756; Ringo Drilling Co, Inc., decreased absolutely, Technologies, Inc., d/b/a Breed Abilene, TX: February 17, 1998. (3) That imports from Mexico or Tennessee Holdings, Maryville, TN: TA–W–35,794; Cone Mills Corp., Canada of articles like or directly March 30, 1998. Greensboro, NC and Carlisle, SC: competitive with articles produced by NAFTA–TAA–03053; O-Cedar Brands, August 1, 1998. such firm or subdivision have increased, Inc., Lancaster Industries Div., TA–W–35,856; Suzette Fashion, Jersey and that the increases imports South Lancaster, MA: March 29, City, NJ and New York, NY: March contributed importantly to such 1998. 1, 1998. workers’ separations or threat of NAFTA–TAA–02925; Weyerhaeuser Co., TA–W–35,863; Tultex, Mayodan, NC: separation and to the decline in sales or Pulp and Paper Div., Longview March 2, 1998. production of such firm or subdivision; Chlor-Alkali Plant. Longview, WA: TA–W–35,828; Brown Jordan Co., or February 15, 1998. Newport, AR: February 22, 1998. (4) That there has been a shift in NAFTA–TAA–02934; Hennepin Paper TA–W–35,822; Fashion Enterprises, El production by such workers’ firm or Co., Little Falls, PA: February 17, Paso, TX: February 22, 1998. subdivision to Mexico or Canada of 1998. TA–W–35,562; Howard Korenstein articles like or directly competitive with NAFTA–TAA–02921; Triple A Trouser Sportswear, Newark, NJ: January 1, articles which are produced by the firm Mfg. Co., Scranton, PA: February 5, 1998. or subdivision. 1998.

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NAFTA–TAA–03026; Mowad Apparel, The notice was published in the Federal Labor’s Negative Determination Inc., El Paso, TX: March 15, 1998. Register on April 27, 1999 (64 FR Regarding Eligibility to Apply for NAFTA–TAA–03025; Standard Motor 22650). Worker Adjustment Assistance Products, Inc., Federal Parts Div., The Department initially denied TAA applicable to workers of the subject Dallas, TX: March 8, 1998. to workers of FirstMiss Steel, Inc. firm. NAFTA–TAA–03057; The Hirsch Co., producing steel products because the The petitioners present evidence that Div. Of Steel Works, Inc., Skokie, IL: ‘‘contributed importantly’’ group the Department’s customer survey March 25, 1999. eligibility requirement of Section 222(3) analysis was incomplete. of the Trade Act of 1974, as amended, NAFTA–TAA–02894; Phoenix Conclusion Industries, McAlester, OK: January was not met. The investigation revealed 27, 1998. that the majority of the customers After careful review of the NAFTA–TAA–02947; Harman responding to a customer survey application, I conclude that the claim is International, McGregor reported no increase in import of sufficient weight to justify Loudspeaker Manufacturing, Prairie purchases of steel ingot and bars during reconsideration of the Department of du Chen, WI: February 23, 1998. the relevant time period (1997 to 1998). Labor’s prior decision. The application NAFTA–TAA–03045; Edwards Systems The petitioners requesting is, therefore, granted. Technology, Pittsfield, ME: March reconsideration also cited that stainless Signed at Washington, DC, this 12th day of 26, 1998. steel in 1998 is one of the products May 1999. NAFTA–TAA–02923; Mayflower being dumped by foreign countries into Grant D. Beale Manufacturing Co., Old Forge, PA: the U.S. market place at levels Acting Director, Office of Trade Adjustment February 5, 1998. significantly above 1997 levels. During Assistance. NAFTA–TAA–02959; Edinburg the course of a TAA petition [FR Doc. 99–12907 Filed 5–20–99; 8:45 am] investigation to determine worker group Manufacturing Co., a/k/a BILLING CODE 4510±30±M Waxahachie Garment Co., eligibility, the Department does not Edinburg, TX and Weslaco conduct an industry study, but limits its Operations, a/k/a Weslaco Cutting investigation to the impact of articles DEPARTMENT OF LABOR Center, a/k/a Bowie Manufacturing, like or directly competitive with the a/k/a Haggar Clothing Co., Weslaco, products produced and sold by the Employment and Training TX: February 22, 1999. workers’ firm. Administration On reconsideration, the Department NAFTA–TAA–02969; General Electric [TA±W±35,467] Co., Morrison, IL: March 5, 1998. conducted further survey of FirstMiss Steel’s major declining customers. The I hereby certify that the Pittsburgh Corning Corporation, Port majority of respondents reported no aforementioned determinations were Allegany, PA Notice of Negative increase in reliance on import purchases issued during the months of April and Determination Regarding Application of steel ingots, bars and billets while May, 1999. Copies of these for Reconsideration decreasing purchases from the subject determinations are available for firm. By application dated April 5, 1999, inspection in Room C–4318, U.S. the American Flint Glass Workers Conclusion Department of Labor, 200 Constitution Union (AFGWU), AFL–CIO, requested Avenue, N.W., Washington, D.C. 20210 After reconsideration, I affirm the administrative reconsideration of the during normal business hours or will be original notice of negative Department’s negative determination mailed to persons who write to the determination of eligibility to apply for regarding eligibility for workers and above address. worker adjustment assistance for former workers of the subject firm to Dated: May 10, 1999. workers and former workers of FirstMiss apply for Trade Adjustment Assistance Grant D. Beale, Steel, Inc., Hollsopple, Pennsylvania. (TAA). The denial notice applicable to Acting Director, Office of Trade Adjustment Signed at Washington, DC this 10th day of workers of Corning Pittsburgh Assistance. May 1999. Corporation located in Port Allegany, [FR Doc. 99–12911 Filed 5–21–99; 8:45 am] Grant D. Beale, Pennsylvania, was signed on March 9, BILLING CODE 4510±30±M Acting Director, Office of Trade Adjustment 1999, and published in the Federal Assistance. Register on April 6, 1999 (64 FR 16752). [FR Doc. 99–12908 Filed 5–20–99; 8:45 am] Pursuant to 29 CFR 90.18(c) DEPARTMENT OF LABOR BILLING CODE 4510±30±M reconsideration may be granted under the following circumstances: Employment and Training (1) If it appears on the basis of facts Administration DEPARTMENT OF LABOR not previously considered that the [TA±W±34,968] determination complained of was Employment and Training erroneous; Firstmiss Steel, Inc. Hollsopple, Administration (2) If it appears that the determination complained of was based on a mistake Pennsylvania; Notice of Negative [TA±W±35, 322] Determination on Reconsideration in the determination of facts not International Paper Corporation, previously considered; or On April 5, 1999, the Department Containerboard Division, Gardiner, (3) If in the opinion of the Certifying issued an Affirmative Determination Oregon; Notice of Affirmative Officer, a misinterpretation of facts or of Regarding Application for Determination Regarding Application the law justified reconsideration of the Reconsideration for the workers and for Reconsideration decision. former workers of the subject firm. The The negative determination issued by petitioner presented evidence that the By letter of March 8, 1999, petitioners the Department on behalf of workers of Department’s survey of customers of requested administrative the subject firm in Port Allegany, FirstMiss Steel, Inc. was incomplete. reconsideration of the Department of Pennsylvania, was based on the finding

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.141 pfrm07 PsN: 21MYN1 27814 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices that the ‘‘contributed importantly’’ test SUMMARY: The Department of Labor, as I. Background of the worker group eligibility part of its continuing effort to reduce The ETA 2112 Report, OMB No. requirements of Section 222 of the paperwork and respondent burden 1205–0154, collects, in summary form, Trade Act of 1974 was not met for conducts a preclearance consultation totals of all financial transactions workers at Pittsburgh Corning program to provide the general public affecting the status of each State’s Corporation, Port Allegany, and Federal agencies with an account in the Unemployment Trust Pennsylvania producing glass blocks. opportunity to comment on proposed Fund (UTF) for the month reported. The The ‘‘contributed importantly’’ test is and/or continuing collections of transactions include receipts, generally demonstrated through a information in accordance with the disbursements, adjustments, and fund survey of the workers’ firm’s customers. Paperwork Reduction Act of 1995 balances. The ETA uses report data to The Department of Labor surveyed the (PRA95) (44 U.S.C. 3506(c)(2)(A)). This monitor UTF funds flows, to identify major declining customers of the subject program helps to ensure that requested excessive drawdowns from the UTF, firm regarding their purchases of glass data can be provided in the desired which may cause loss of interest to the blocks. None of the respondents format, reporting burden (time and UTF, and to record transaction increased their import purchases of financial resources) is minimized, information in the Unemployment glass blocks while decreasing their collection instruments are clearly Insurance Database and the UTF purchases from the subject firm. understood, and the impact of collection subsidiary to the Departmental General The AFGWU asserts that increased requirements on respondents can be Ledger. The transaction information is imports of articles directly competitive properly assessed. Currently, the used to compile the annual with articles produced by Pittsburgh Employment and Training departmental consolidated financial Corning has contributed to worker Administration (ETA) is soliciting statements. ETA also uses information separations at the Port Allegany plant. comments concerning the proposed on the ETA 2112 for research and Further, the aggregate import of the revision of the ETA 2112 report: actuarial projects: generating statistics products by competitive firms has Financial Transaction Summary. on the UI program, projecting benefit greatly contributed to worker A copy of the proposed information financing requirements, and analyzing separations. collection request (ICR) can be obtained the solvency of the UTF. That Glass blocks are not separately by contacting the office listed below in information is used by States, other identifiable in official trade statistics the ADDRESSES section of this notice. Federal Agencies, and research groups classified in the U.S. International Trade The Department of Labor is to manage and analyze UTF activities. Commission, Harmonized Tariff particularly interested in comments Additionally, the ETA uses ETA 2112 Schedules. Therefore, in order to which: information for reviewing proposed determine if criterion (3) of worker • Evaluate whether the proposed State and Federal UI laws, especially group eligibility requirements was met, collection of information is necessary pertaining to benefit financing issues, the Department relied on the survey of for the proper performance of the and to monitor State activities customers of the subject firm to functions of the agency, including conducted under Title IX of the Social determine if imports ‘‘contributed whether the information will have Security Act (Reed Act). importantly’’ to worker separations. practical utility; It is necessary to revise the ETA 2112 • Evaluate the accuracy of the format and instructions to accommodate Conclusion agency’s estimate of the burden of the the reporting of the following changes: After review of the application and proposed collection of information, • States may now make investigative findings, I conclude that including the validity of the reimbursements of Combined Wage there has been no error or methodology and assumptions used; Claims (CWC) through the misinterpretation of the law or of the • Enhance the quality, utility, and Unemployment Trust Fund Accounting facts which would justify clarity of the information to be Systems (UTFAS), replacing the old reconsideration of the Department of collected; and system of issuing a check directly to the Labor’s prior decisions. Accordingly, • Minimize the burden of the State billing for reimbursement. the application is denied. collection of information on those who • States may transfer to the Internal Revenue Service the amounts withheld Signed at Washington, DC this 11th day of are to respond, including responses May 1999. through the use of appropriate for Federal income tax purposes from benefit payments directly through the Grant D. Beale, automated, electronic, mechanical, or other technological collection UTFAS. Acting Director, Office of Trade Adjustment • In FY 1999 there was a distribution Assistance. techniques or other forms of information technology, e.g., permitting electronic of Reed Act money under section 903 of [FR Doc. 99–12909 Filed 5–20–99; 8:45 am] submissions of responses. the Social Security Act. This was the BILLING CODE 4510±30±M DATES: Written comments must be first distribution since FY 1958. The submitted to the office listed in the existing ETA 2112, developed long after that distribution, does not provide DEPARTMENT OF LABOR ADDRESSES section below on or before July 20, 1999. report cells for new distributions. Because of these events, the ETA has Employment and Training ADDRESSES: James E. Herbert, Administration decided to rewrite the ETA 2112 to Unemployment Insurance Service, include new cells in the report, and to Employment and Training Proposed Collection; Comment revise reporting instructions Administration, Department of Labor, Request accordingly. Room C–4514, 200 Constitution II. Current Actions AGENCY: Employment and Training Avenue, NW, Washington, DC 20210; Administration, DOL. 202–219–5653 x 380 (this is not a toll- This action is required to update the free number); [email protected]. ETA 2112 to capture information on ACTION: Notice. SUPPLEMENTARY INFORMATION: financial transactions not available in

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.144 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27815 the current configuration, specifically Dated: May 17, 1999. The purpose of the Governor’s actions automated CWC reimbursements, the Grace A. Kilbane, and the Labor Department’s transfer of withholding amounts to the Director, Unemployment Insurance Service. investigations are to determine whether IRS, and new Reed Act distributions. [FR Doc. 99–12912 Filed 5–20–99; 8:45 am] the workers separated from employment The first two items are currently on or after December 8, 1993 (date of reported on the ETA 2112 in the general BILLING CODE 4510±30±M enactment of Pub. L. 103–182) are ‘‘Comments’’ section. eligible to apply for NAFTA–TAA under The revision to the ETA 2112 will DEPARTMENT OF LABOR Subchapter D of the Trade Act because provide a separate line for specific of increased imports from or the shift in reporting. Employment and Training production to Mexico or Canada. The Reed Act revision will provide a Administration The petitioners or any other persons separate line to report Reed Act activity showing a substantial interest in the beyond amounts amortized with Title III Investigations Regarding Certifications subject matter of the investigations may administrative grant funds. of Eligibility To Apply for NAFTA request a public hearing with the Acting Type of Review: Revision. Transitional Adjustment Assistance Agency: Employment and Training Director of OTAA at the U.S. Administration, Department of Labor. Department of Labor (DOL) in Petitions for transitional adjustment Washington, DC provided such request Title: Unemployment Insurance Trust assistance under the North American Fund Activity, OMB Number: 1205– if filed in writing with the Acting Free Trade Agreement-Transitional Director of OTAA not later than June 1, 0154. Adjustment Assistance Implementation Affected Public: State government 1999. Act Pub. L. 103–182), hereinafter called (State Employment Security Agencies). Also, interested persons are invited to (NAFTA–TAA), have been filed with Total Respondents: 50 States, submit written comments regarding the the State Governors under Section Washington, DC, Puerto Rico, and the subject matter of the petitions to the 250(b)(1) of Subchapter D, Chapter 2, Virgin Islands. Acting Director of OTAA at the address Title II, of the Trade Act of 1974, as Frequency: Monthly. shown below not later than June 1, amended, are identified in the Total Responses: 636. 1999. Average Time per Response: 1 hour. Appendix to this Notice. Upon notice Estimated Total Burden Hours: 636. from a Governor that a NAFTA–TAA Petitions filed with the Governors are Total Burden Cost: 636 × $26.10 = petition has been received, the Acting available for inspection at the Office of $16,600. Director of the Office of Trade the Acting Director, OTAA, ETA, DOL, Comments submitted in response to Adjustment Assistance (OTAA), Room C–4318, 200 Constitution this comment request will be Employment and Training Avenue, NW Washington, DC 20210. summarized and/or included in the Administration (ETA), Department of Signed at Washington, DC this 4th day of request for Office of Management and Labor (DOL), announces the filing of the May, 1999. Budget approval of the information petition and takes action pursuant to Grant D. Beale, collection request; they will also paragraphs (c) and (e) of Section 250 of Acting Director, Office of Trade Adjustment become a matter of public record. the Trade Act. Assistance.

APPENDIX

Date received at Subject firm Location Governor's Petition No. Articles produced office

Stonecutter Textiles (Wkrs) ...... Sprindale, NC ...... 04/06/1999 NAFTA±3,076 Greige & finished fabric & yarn. Cannondale (Wkrs) ...... Bedford, PA ...... 03/30/1999 NAFTA±3,077 Bike clothing. Columbia Sportswear (Wkrs) ...... Portland, OR ...... 04/06/1999 NAFTA±3,078 Examine apparel. Reach (Co.) ...... Klamath Falls, OR ..... 04/05/1999 NAFTA±3,079 Lumber. Good Lad (Wkrs) ...... Philadelphia, PA ...... 04/07/1999 NAFTA±3,080 Dresses and shirts. Siemens Information Communication Cherry Hill, NJ ...... 03/29/1999 NAFTA±3,081 Voice & data communication equipment. (Wkrs). Breed Technologies (Wkrs) ...... Maryville, TN ...... 04/06/1999 NAFTA±3,082 Vehicle Safety restraint (airbag). C.R. Bard (Co.) ...... Covington, GA ...... 04/09/1999 NAFTA±3,083 Medical devices. Fort James (Co.) ...... Portland, OR ...... 04/07/1999 NAFTA±3,084 Tite pak paper. Plaid Clothing Co. Inc. (Union) ...... Somerset and Er- 03/25/1999 NAFTA±3,085 Men's tailored clothing. langer, KY. J.P.S. Convertor (Wkrs) ...... Rocky Mount, VA ...... 04/19/1999 NAFTA±3,086 CoatsÐcloth. Berendsen Fluid Power (Co.) ...... Rahway, NJ ...... 04/15/1999 NAFTA±3,087 Hydraulic power units/systems. Barnett Bank (Wkrs) ...... Tampa, FL ...... 04/02/1999 NAFTA±3,088 Data entry, credit & accounting. Aloecorp (Wkrs) ...... Harlingen, TX ...... 03/30/1999 NAFTA±3,089 Concentrator. Chamberlain (Wkrs) ...... Waupaca, WI ...... 04/12/1999 NAFTA±3,090 Garage door openers. Harvard Industrial (Wkrs) ...... Farmington Hills, MI .. 04/08/1999 NAFTA±3,091 Automotive interior parts. Goodyear Tire and Rubber (USWA) ...... Logan, OH ...... 03/29/1999 NAFTA±3,092 Automotive instrument panels. Thomson Consumer Electronics (Wkrs) ... Mocksville, NC ...... 04/12/1999 NAFTA±3,093 Wood television cabinets. Oro Nevada Exploration (Wkrs) ...... Reno, NV ...... 04/12/1999 NAFTA±3,094 Exploration for gold. Nashville Textile (Wkrs) ...... Nashville, GA ...... 04/14/1999 NAFTA±3,095 Legging & children sportswear. Little Tikes (The)ÐNewell Rubbermaid Shippensburg, PA ..... 04/13/1999 NAFTA±3,096 Plastic childrens toys. (Co.). Repap Technologies (Wkrs) ...... Valley Forge, PA ...... 04/08/1999 NAFTA±3,097 Pulp and paper. Carbide Graphite Group (Wkrs) ...... Calvert City, KY ...... 04/13/1999 NAFTA±3,098 Calcium carbide & acetylene. Genlight Thomas Group (IBEW) ...... Hopkinsville, KY ...... 04/15/1999 NAFTA±3,099 Lighting fixtures recess and track.

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APPENDIXÐContinued

Date received at Subject firm Location Governor's Petition No. Articles produced office

Bethlehem Steel (USWA) ...... Steelton, PA ...... 04/13/1999 NAFTA±3,100 Semi-fin & rall products. Vans (Wkrs) ...... Santa Fe Springs, CA 04/14/1999 NAFTA±3,101 Shoes. D and A Industries (UNITE) ...... El Paso, TX ...... 04/15/1999 NAFTA±3,102 Women's coats. Raider Apparel (Wkrs) ...... Alma, GA ...... 04/16/1999 NAFTA±3,103 Ladies dress, pants, pants suits. Sherman Lumber (PACE) ...... Sherman Station, ME 04/15/1999 NAFTA±3,104 Lumber products. Equitable Bag (PACE) ...... Florence, KY ...... 04/16/1999 NAFTA±3,105 Plastic bags. General Electric (Wkrs) ...... Malvern, PA ...... 04/16/1999 NAFTA±3,106 Power line carrier business. Dal-Tile (Wkrs) ...... Dallas, TX ...... 03/30/1999 NAFTA±3,107 Die for tile. IEC Electronics (Wkrs) ...... Arab, AL ...... 04/16/1999 NAFTA±3,108 Printed circuit boards. Bonnell Manufacturing (UNITE) ...... Mt. Laurel, NJ ...... 04/16/1999 NAFTA±3,109 Women's and girls dresses, gowns. Sony Electronics (Co.) ...... San Diego, CA ...... 04/20/1999 NAFTA±3,110 Computer monitors. Seagull EnergyÐOcean Energy (Co.) ...... Houston, TX ...... 04/14/1999 NAFTA±3,111 Oil and gas. Weatherford InternationalÐTrico (Co.) ..... Houston, TX ...... 04/16/1999 NAFTA±3,112 Oilfield products. Dynegy Midstream Service (Co.) ...... Houston, TX ...... 04/01/1999 NAFTA±3,113 Natural gas. Lab Volt Systems (Co.) ...... Farmingdale Wall 04/15/1999 NAFTA±3,114 Educational training systems. Twp., NJ. D and E Wood Products (Co.) ...... Pineville, OR ...... 04/22/1999 NAFTA±3,115 Wood shelving. HartmarxÐThorngate (UNITE) ...... Farmington, MO ...... 04/22/1999 NAFTA±3,116 Men's dress slacks. Adflex Solutions (Wkrs) ...... Chandler, AZ ...... 04/20/1999 NAFTA±3,117 Drills and laser. Varga Brakes (Co.) ...... Chesapeake, VA ...... 04/20/1999 NAFTA±3,118 Auto parts. Willow Creek Apparel (Co.) ...... Jonesville, NC ...... 04/20/1999 NAFTA±3,119 Ladies sleepwear leisureware. International Wire (IBT) ...... Mishawaka, IN ...... 04/23/1999 NAFTA±3,120 Automotive wire. Stanley Works (IAMAW) ...... New Britain, CT ...... 04/19/1999 NAFTA±3,121 Door hinges. Barko Hydraulics (BBF) ...... Superior, WI ...... 04/21/1999 NAFTA±3,122 Log handling equipment. Stroh Brewery Company (The) Wkrs) ...... Longview, TX ...... 04/26/1999 NAFTA±3,123 Beers. Eagle Picher Construction Equipment Lubbock TX ...... 04/26/1999 NAFTA±3,124 Bowl and tractor frame. (IUOE). Leamco RuthcoÐWeatherford Artificial Perryton, TX ...... 04/26/1999 NAFTA±3,125 Pumping unit parts for oil and gas. (Wkrs). Jackes Evans (IBB) ...... St. Louis, MO ...... 04/26/1999 NAFTA±3,126 Black stovepipes, stoveboards. Polaroid (Wkrs) ...... Waltham, MA ...... 04/14/1999 NAFTA±3,127 Instant film products. Aromat CorporationÐRelay Manufacturing San Jose, CA ...... 04/27/1999 NAFTA±3,128 Electronic relays. (Co.). Lee Textile (Co.) ...... Ering, VA ...... 04/28/1999 NAFTA±3,129 T-shirts. Stroh Brewery Company (The) (Co.) ...... Winston-Salem, NC ... 04/26/1999 NAFTA±3,130 Beer. Cole Haan Manufacturing (Co.) ...... Livermoore Falls, ME 04/28/1999 NAFTA±3,131 Footware, belts & leather goods. Fairfield Industries (Co.) ...... Sugar Land, TX ...... 04/29/1999 NAFTA±3,132 Oil and gas. Young and Morgan Lumber (Co.) ...... Lyons, OR ...... 04/29/1999 NAFTA±3,133 Lumber. Filko Automotive (Wkrs) ...... Bradenton, FL ...... 04/28/1999 NAFTA±3,134 Ignition wire sets. International Electronics Research (Wkrs) Burbank, CA ...... 04/29/1999 NAFTA±3,135 Electronics chips and boards. Rea Gold (Wkrs) ...... Reno, NV ...... 04/29/1999 NAFTA±3,136 Gold bullion. Nextrom (Wkrs) ...... Perth Amboy, NJ ...... 04/26/1999 NAFTA±3,137 Wire drawing machines & spare parts. Apollo Tanning (Co.) ...... Camden, ME ...... 05/03/1999 NAFTA±3,138 Leather tanning. Flow ControlÐR and Energy (Wkrs) ...... Borger, TX ...... 04/26/1999 NAFTA±3,139 Wellheads for oil wells.

[FR Doc. 99–12910 Filed 5–20–99; 8:45 am] fringe benefits which are determined to accordance with the Davis-Bacon Act. BILLING CODE 4510±30±M be prevailing for the described classes of The prevailing rates and fringe benefits laborers and mechanics employed on determined in these decisions shall, in construction projects of a similar accordance with the provisions of the DEPARTMENT OF LABOR character and in the localities specified foregoing statutes, constitute the therein. minimum wages payable on Federal and Employment Standards Administration The determinations in these decisions federally assisted construction projects Wage and Hour Division of prevailing rates and fringe benefits to laborers and mechanics of the specified classes engaged on contract Minimum Wages for Federal and have been made in accordance with 29 work of the character and in the Federally Assisted Construction; CFR part 1, by authority of the Secretary localities described therein. General Wage Determination Decisions of Labor pursuant to the provisions of the Davis-Bacon Act of March 3, 1931, Good cause is hereby found for not General wage determination decisions as amended (46 Stat. 1494, as amended, utilizing notice and public comment of the Secretary of Labor are issued in 40 U.S.C. 276a) and of other Federal procedure thereon prior to the issuance accordance with applicable law and are statutes referred to in 29 CFR part 1, of these determinations as prescribed in based on the information obtained by Appendix, as well as such additional 5 U.S.C. 553 and not providing for delay the Department of Labor from its study statutes as may from time to time be in the effective date as prescribed in that of local wage conditions and data made enacted containing provisions for the section, because the necessity to issue available from other sources. They payment of wages determined to be current construction industry wage specify the basic hourly wage rates and prevailing by the Secretary of Labor in determinations frequently and in large

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.146 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27817 volume causes procedures to be Modifications to General Wage IL990032 (Mar. 12, 1999) impractical and contrary to the public Determination Decisions IL990033 (Mar. 12, 1999) interest. IL990034 (Mar. 12, 1999) The number of decisions listed in the IL990035 (Mar. 12, 1999) General wage determination Government Printing Office document IL990036 (Mar. 12, 1999) decisions, and modifications and entitled ‘‘General Wage Determinations IL990037 (Mar. 12, 1999) supersedes decisions thereto, contained Issued Under the Davis-Bacon and IL990039 (Mar. 12, 1999) no expiration dates and are effective Related Acts’’ being modified are listed IL990040 (Mar. 12, 1999) from their date of notice in the Federal by Volume and State. Dates of IL990041 (Mar. 12, 1999) Register, or on the date written notice publication in the Federal Register are IL990042 (Mar. 12, 1999) IL990043 (Mar. 12, 1999) is received by the agency, whichever is in parentheses following the decisions being modified. IL990044 (Mar. 12, 1999) earlier. These decisions are to be used IL990045 (Mar. 12, 1999) in accordance with the provisions of 29 Volume I IL990046 (Mar. 12, 1999) CFR parts 1 and 5. Accordingly, the Connecticut IL990050 (Mar. 12, 1999) applicable decision, together with any CT990001 (Mar. 12, 1999) IL990051 (Mar. 12, 1999) modifications issued, must be made a CT990002 (Mar. 12, 1999) IL990052 (Mar. 12, 1999) part of every contract for performance of CT990003 (Mar. 12, 1999) IL990053 (Mar. 12, 1999) IL990054 (Mar. 12, 1999) the described work within the CT990004 (Mar. 12, 1999) CT990005 (Mar. 12, 1999) IL990055 (Mar. 12, 1999) geographic area indicated as required by Index (Mar. 12, 1999) IL990056 (Mar. 12, 1999) an applicable Federal prevailing wage Massachusetts IL990057 (Mar. 12, 1999) law and 29 CFR Part 5. The wage rates MA990001 (Mar. 12, 1999) IL990059 (Mar. 12, 1999) and fringe benefits, notice of which is MA990002 (Mar. 12, 1999) IL990060 (Mar. 12, 1999) published herein, and which are MA990003 (Mar. 12, 1999) IL990062 (Mar. 12, 1999) contained in the Government Printing MA990006 (Mar. 12, 1999) IL990063 (Mar. 12, 1999) MA990009 (Mar. 12, 1999) IL990064 (Mar. 12, 1999) Office (GPO) document entitled MA990010 (Mar. 12, 1999) IL990065 (Mar. 12, 1999) ‘‘General Wage Determinations Issued MA990012 (Mar. 12, 1999) IL990066 (Mar. 12, 1999) Under The Davis-Bacon And Related MA990013 (Mar. 12, 1999) IL990067 (Mar. 12, 1999) Acts,’’ shall be the minimum paid by MA990015 (Mar. 12, 1999) IL990068 (Mar. 12, 1999) contractors and subcontractors to MA990017 (Mar. 12, 1999) IL990069 (Mar. 12, 1999) laborers and mechanics. MA990018 (Mar. 12, 1999) IL990070 (Mar. 12, 1999) MA990019 (Mar. 12, 1999) Any person, organization, or MA990020 (Mar. 12, 1999) Volume V governmental agency having an interest MA990021 (Mar. 12, 1999) Kansas in the rates determined as prevailing is New Jersey KS990001 (Mar. 12, 1999) encouraged to submit wage rate and NJ990002 (Mar. 12, 1999) KS990008 (Mar. 12, 1999) NJ990003 (Mar. 12, 1999) KS990009 (Mar. 12, 1999) fringe benefit information from NJ990004 (Mar. 12, 1999) consideration by the Department. KS990016 (Mar. 12, 1999) NJ990005 (Mar. 12, 1999) KS990017 (Mar. 12, 1999) Further information and self- NJ990007 (Mar. 12, 1999) KS990020 (Mar. 12, 1999) explanatory forms for the purpose of Volume II KS990025 (Mar. 12, 1999) submitting this data may be obtained by KS990026 (Mar. 12, 1999) writing to the U.S. Department of Labor, Maryland KS990029 (Mar. 12, 1999) MD990009 (Mar. 12, 1999) Employment Standards Administration, Louisiana Wage and Hour Division, Division of Volume III LA990001 (Mar. 12, 1999) Wage Determinations, 200 Constitution Florida LA990004 (Mar. 12, 1999) FL990014 (Mar. 12, 1999) LA990005 (Mar. 12, 1999) Avenue, N.W., Room S–3014, LA990009 (Mar. 12, 1999) Washington, D.C. 20210. South Carolina SC990023 (Mar. 12, 1999) LA990010 (Mar. 12, 1999) Withdrawn General Wage LA990012 (Mar. 12, 1999) Volume IV LA990015 (Mar. 12, 1999) Determination Decision Illinois LA990018 (Mar. 12, 1999) This is to advise all interested parties IL990001 (Mar. 12, 1999) LA990040 (Mar. 12, 1999) IL990002 (Mar. 12, 1999) LA990045 (Mar. 12, 1999) that the Department of Labor is L990040 (Mar. 12, 1999) withdrawing, from the date of this IL990003 (Mar. 12, 1999) IL990006 (Mar. 12, 1999) L990045 (Mar. 12, 1999) notice, General Wage Determination IL990007 (Mar. 12, 1999) L990046 (Mar. 12, 1999) Nos. CT990009, CT990010, CT990011 IL990008 (Mar. 12, 1999) L990055 (Mar. 12, 1999) and CT990012 dated March 12, 1999. IL990009 (Mar. 12, 1999) Missouri These Counties are now covered by IL990011 (Mar. 12, 1999) M0990002 (Mar. 12, 1999) CT990002. IL990012 (Mar. 12, 1999) Texas IL990013 (Mar. 12, 1999) TX990003 (Mar. 12, 1999) Contracts for which bids have been IL990014 (Mar. 12, 1999) TX990005 (Mar. 12, 1999) opened shall not be affected by this IL990015 (Mar. 12, 1999) TX990007 (Mar. 12, 1999) notice. Also, consistent with 29 CFR IL990016 (Mar. 12, 1999) TX990009 (Mar. 12, 1999) 1.6(c)(I)(A), when opening of bids is less IL990021 (Mar. 12, 1999) TX990010 (Mar. 12, 1999) than ten (10) days from the date of this IL990022 (Mar. 12, 1999) TX990014 (Mar. 12, 1999) notice, this action shall be effective IL990024 (Mar. 12, 1999) TX990017 (Mar. 12, 1999) IL990026 (Mar. 12, 1999) TX990019 (Mar. 12, 1999) unless agency finds that there is IL990027 (Mar. 12, 1999) TX990054 (Mar. 12, 1999) insufficient time to notify bidders of the IL990028 (Mar. 12, 1999) TX990060 (Mar. 12, 1999) change and the finding is documented IL990029 (Mar. 12, 1999) TX990061 (Mar. 12, 1999) in contract file. IL990031 (Mar. 12, 1999) TX990063 (Mar. 12, 1999)

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Volume VI Signed at Washington, D.C. This 13th Day A copy of the proposed information Alaska of May 1999. collection request can be obtained by AK990001 (Mar. 12, 1999) Carl J. Poleskey, contacting the employee listed below in Colorado Chief, Branch of Construction Wage the FOR FURTHER INFORMATION CONTACT: CO990001 (Mar. 12, 1999) Determinations. section of this notice. CO990002 (Mar. 12, 1999) [FR Doc. 99–12578 Filed 5–20–99; 8:45 am] DATES: Submit comments on or before CO990003 (Mar. 12, 1999) BILLING CODE 4510±27±M July 20, 1999. CO990005 (Mar. 12, 1999) ADDRESSES: Send comments to Theresa CO990006 (Mar. 12, 1999) M. O’Malley, Program Analysis Officer, DEPARTMENT OF LABOR CO990007 (Mar. 12, 1999) Office of Program Evaluation and CO990008 (Mar. 12, 1999) Mine Safety and Health Administration Information Resources, U.S. Department CO990009 (Mar. 12, 1999) of Labor, Mine Safety and Health CO990010 (Mar. 12, 1999) Proposed Information Collection Administration, Room 719, 4015 Wilson CO990016 (Mar. 12, 1999) Request Submitted for Public Boulevard, Arlington, VA 22203–1984. CO990018 (Mar. 12, 1999) Comment and Recommendations; Commenters are encouraged to send CO990021 (Mar. 12, 1999) Noise Data Report Form and their comments on a computer disk, via CO990022 (Mar. 12, 1999) Calibration Records E-mail to [email protected], along CO990023 (Mar. 12, 1999) with an original printed copy. Ms. CO990025 (Mar. 12, 1999) ACTION: Notice. O’Malley can be reached at (703) 235– Washington SUMMARY: The Department of Labor, as 1470 (voice), or (703) 235–1563 WA990001 (Mar. 12, 1999) (facsimile). WA990002 (Mar. 12, 1999) part of its continuing effort to reduce FOR FURTHER INFORMATION CONTACT: Oregon paperwork and respondent burden OR990001 (Mar. 12, 1999) conducts a preclearance consultation Theresa M. O’Malley Program Analysis program to provide the general public Officer, Officer of Program Evaluation Volume VII and Federal agencies with an and Information Resources, U.S. None. opportunity to comment on continuing Department of Labor, Mine Safety and collections of information in accordance Health Administration, Room 719, 4015 General Wage Determination with the Paperwork Reduction Act of Wilson Boulevard, Arlington, VA Publication 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. 22203–1984. Mrs. O’Malley can be reached at [email protected] General wage determinations issued This program helps to ensure that requested data can be provided in the (Internet E-mail), (703) 235–1470 under the Davis-Bacon and related Acts, (voice), or (703) 235–1563 (facsimile). including those noted above, may be desired format, reporting burden (time SUPPLEMENTARY INFORMATION: found in the Government Printing Office and financial resources) is minimized, collection instruments are clearly (GPO) document entitled ‘‘General Wage I. Background understood, and the impact of collection Determinations Issued Under the Davis- requirements on respondents can be This information is used to evaluate Bacon and Related Acts.’’ This properly assessed. the average noise levels to which miners publication is available at each of the 50 Currently, the Mine Safety and Health may be exposed. The information is Regional Government Depository Administration (MSHA) is soliciting evaluated to determine if miners Libraries and many of the 1,400 comments concerning the proposed working at a particular occupation or Government Depository Libraries across reinstatement of the information operating a particular type of equipment the country. collection related to the Coal Mine may be exposed to excessive noise The general wage determinations Noise Data Report and Calibration levels. This type of information may be issued under the Davis-Bacon and Records. MSHA is particularly useful in determining if there is a need related Acts are available electronically interested in comments which: for MSHA to evaluate the miners work by subscription to the FedWorld • Evaluate whether the proposed area, and to require the mine operator to Bulletin Board System of the National collection of information is necessary develop a hearing conservation plan to Technical Information Service (NTIS) of for the proper performance of the adequately protect the miners from the U.S. Department of Commerce at 1– functions of the agency, including being exposed to excessive noise levels. 800–363–2068 whether the information will have In addition, the information may be used to determine if research is needed Hard-copy subscriptions may be practical utility; • Evaluate the accuracy of the to assist in the development of purchased from: Superintendent of agency’s estimate of the burden of the engineering controls on equipment that Documents, U.S. Government Printing proposed collection of information, typically generate high noise levels. Office, Washington, D.C. 20402, 202 including the validity of the 512–1800. II. Current Actions methodology and assumptions used; When ordering hard-copy • Enhance the quality, utility, and MSHA inspection personnel routinely subscription(s), be sure to specify the clarity of the information to be conduct a noise survey from a State(s) of interest, since subscriptions collected; and representative number of miners may be ordered for any or all of the • Minimize the burden of the working at various occupations. seven separate volumes, arranged by collection of information on those who However, MSHA does not have the State. Subscriptions include an annual are to respond, including through the resources to conduct a noise survey edition (issued in January or February) use of appropriate automated, from the working environment of all which includes all current general wage electronic, mechanical, or other miners annually. MSHA relies on the determinations for the States covered by technological collection techniques or information from the mine operators to each volume. Throughout the remainder other forms of information technology, determine if there is a need to evaluate of the year, regular weekly updates are e.g., permitting electronic submissions the miners work area or to conduct a distributed to subscribers. of responses. noise survey. In addition, when a

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Respond- Total re- Average time Burden 30 CFR ents Frequency sponses per response hours

70.506: Calibrator ...... 971 Annually ...... 971 3 min ...... 49 Dosimeter ...... 971 Annually ...... 971 3 min ...... 49 70.508(a): Survey ...... 47,998 Semi-Ann ...... 95,996 15 min ...... 24,000 Report ...... 47,998 Semi-Ann ...... 95,996 6 min ...... 9,600 70.508(b): Survey/report ...... 485 Semi-Ann ...... 970 6 min ...... 97 70.509: Survey ...... 963 Annually ...... 963 15 min ...... 241 Report ...... 963 Annually ...... 963 6 min ...... 96 71.803(a): Survey ...... 47,340 Semi-Ann ...... 94,680 15 min ...... 23,670 Report ...... 47,340 Semi-Ann ...... 94,680 6 min ...... 9,468 71.803(b): Certify ...... 478 Semi-Ann ...... 956 6 min ...... 96 71.804(a): Survey ...... 478 Annually ...... 478 15 min ...... 120 Report ...... 478 Annually ...... 478 6 min ...... 48

Totals ...... 196,463 ...... 388,102 ...... 67,534

Total Burden Cost (capital/startup): 1969, as amended, the United States from the date of this notice. Public $0. Section, International Boundary and comments on the scope of the EIS, Total Burden Cost (operating/ Water Commission (USIBWC) proposes reasonable alternatives that should be maintaining): $423,040. to gather information necessary for the considered, anticipated environmental Comments submitted in response to preparation of an environmental impact problems, and actions that might be this notice will be summarized and/or statement (EIS). The EIS will address taken to address them are requested. included in the request for Office of the impacts of preservation of the ADDRESSES: Comments will be accepted Management and Budget approval of the boundary and channel and carrying for 45-days following the date of this information collection request; they will capacity, and maintenance activities by notice by Mr. Yusuf Farran, Division also become a matter of public record. the USIBWC in the boundary section of Engineer, Environmental Management the Colorado River. The project is Dated: May 18, 1999. Division, USIBWC, 4171 North Mesa located in Yuma County, Arizona. A Theresa M. O’Malley, Street, C–310, El Paso, Texas 79902. public scoping meeting regarding this Chief, Records Management Branch. Telephone: 915/832–4148, Facsimile proposal will also be held. This notice 915/832–4167, E-mail: [FR Doc. 99–12913 Filed 5–20–99; 8:45 am] is being provided as required by the [email protected]. BILLING CODE 4510±43±M Council on Environmental Quality (CEQ) Regulations (40 CFR 1501.7) and SUPPLEMENTARY INFORMATION: The the USIBWC’s Operational Procedures USIBWC proposes to gather information INTERNATIONAL BOUNDARY AND for Implementing Section 102 of the necessary for the preparation of an EIS WATER COMMISSION, UNITED National Environmental Policy Act of to be used to determine specific options STATES AND MEXICO 1969, published in the Federal Register for the preservation of the boundary and September 2, 1981 (46 FR 44083–44094) channel and carrying capacity, and United States Section; Intent To to obtain suggestions and information maintenance activities by the Lower Prepare an Environmental Impact from other agencies and the public on Colorado River Boundary and Capacity Statement for the Lower Colorado the scope of issues to be addressed in Preservation Project (LCRBCPP) that River Boundary and Capacity the EIS. could be implemented. Implementation Preservation Project, Yuma County, AZ DATES: The USIBWC will conduct a would be conducted in a manner to AGENCY:United States Section, public scoping meeting at the Yuma minimize, consistent with the law and International Boundary and Water Civic and Convention Center, 1440 West international agreements, the impact of Commission, United States and Mexico. Desert Hills Drive, Yuma, Arizona, on the activities of the project on ecological ACTION: Notice of intent to prepare an June 9, 1999, from 6:00 p.m. to 8:00 p.m. and environmental resources in the environmental impact statement. Full public participation by interested project area. The project area is the 23.7 federal, state, and local agencies as well mile (38.2 kilometer (km)) boundary SUMMARY: This notice advises the public as other interested organizations and the segment of the Lower Colorado River that, pursuant to section 102(2)(c) of the general public is encouraged during the from the Northerly International National Environmental Policy Act of scoping process which will end 45 days Boundary (NIB) to the Southerly

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International Boundary (SIB) river reach fall within the realm of the international international boundary alignment; and bounded by the levees in Arizona and agreements governing the project and (g) water quality. Baja California Norte, Mexico. are therefore not a subject of the EIS. External coordination will be The EIS will discuss separately, The USIBWC does not have unilateral conducted to include the United States among other laws and regulations, the control of all of the LCRBCPP and thus Fish and Wildlife Service to insure requirements of international cannot make commitments which are compliance with section 7 of the agreements with Mexico regarding the international and controlled by the Endangered Species Act of 1973, as preservation of the boundary and IBWC. The international and domestic amended, and the Fish and Wildlife channel and carrying capacity, and activities are noted as follows. Coordination Act. Cultural resources maintenance activities considered for Morelos Dam, located 1.1 miles (1.8 reconnaissance of the project area will the project, the Endangered Species Act, km) downstream of NIB, is an be coordinated with the Arizona State the Clean Water Act, the National international gated structure and weir Historic Preservation Officer. Historic Preservation Act and others, as spanning from levee to levee in the Coordination for the Clean Water Act appropriate. Studies will include an channel and floodplain used for a will also be conducted, with the analysis of impacts of alternatives for variety of requirements and agreements. appropriate authorities. preservation of the boundary and The Colorado River clearing program is The environmental review of this channel and carrying capacity, and an international program and involves project will be conducted in accordance maintenance activities in relation to bank clearing to facilitate passage of the with the requirements of NEPA, CEQ baseline flood flow design capacity, design flow of 140,000 cubic feet per Regulations (40 CFR Parts 1500–1508), floodplain and channel maintenance, second (3,960 cubic meters per second). other appropriate federal regulations, changes in the international boundary Carrying capacity improvements is an and the USIBWC procedures for channel since 1972, and effects from emergency international program to compliance with those regulations. upstream sediment input. Alternatives assure deliveries of water to Mexico and Copies of the EIS will be transmitted to could include channel excavation/ consists of sediment removal. The federal and state agencies and other dredging, channel realignment, and hydrography program is an international interested parties for comments and will levee improvements, or a combination program consisting of operations and be filed with the Environmental of these alternatives. maintenance of gaging stations. The Protection Agency in accordance with The alternatives are influenced to boundary preservation program is an 40 CFR Parts 1500–1508 and USIBWC varying degrees by obligations and international floodplain management procedures. rights reserved by the governments of program designed to preserve and The USIBWC anticipates the Draft EIS the United States and Mexico in the maintain the channel as the will be made available to the public by Treaty for ‘‘Utilization of Waters of the international boundary. approximately January, 2001. Colorado and Tijuana Rivers and of the Rio Grande’’ signed on February 3, 1944 United States floodplain features Dated: May 14, 1999. (1944 Water Treaty), the ‘‘Treaty to include incidental water systems William A. Wilcox, Jr., Resolve Pending Boundary Differences consisting of a levee, bypass channel, Legal Advisor. and adjacent lands. Other features and Maintain the Rio Grande and [FR Doc. 99–12836 Filed 5–20–99; 8:45 am] include the river floodplain consisting Colorado Rivers as the International BILLING CODE 7010±01±U Boundary Between the United States of of access roads, water conveyance America and Mexico’’ dated November system components, farmlands, and 23, 1970, and international agreements vegetation in various stages of disturbance. The main channel is a NATIONAL ARCHIVES AND RECORDS concluded thereunder as International ADMINISTRATION Boundary and Water Commission, United States floodplain feature which, upstream of Morelos Dam, carries flows United States and Mexico (IBWC) Records Schedules; Availability and which are allocated to Mexico by the Minutes. Request for Comments The EIS will address impacts in the 1944 Water Treaty, along with United States of activities in the United occasional high flows. Downstream of AGENCY: National Archives and Records States related to alternatives for a long Morelos Dam, the channel carries only Administration, Office of Records term boundary preservation and surface water from leakage from Morelos Services—Washington, DC. carrying capacity improvement project, Dam and occasional high flows. There is ACTION: Notice of availability of the LCRBCPP, which is under more stream vegetation in the first 5.5 proposed records schedules; request for consideration by the United States and miles (8.9 km) below Morelos Dam than comments. Mexico for the project reach. None of in the downstream portion to the SIB. these conditions can be dealt with The EIS will identify, describe, and SUMMARY: The National Archives and effectively as a single issue or proposed evaluate the existing environmental, Records Administration (NARA) project. The land and works located cultural, hydrological, socioeconomic publishes notice at least once monthly between the international boundary and and recreational resources; describe of certain Federal agency requests for the inside toe of the United States levee products for boundary mandates; records disposition authority (records are owned, controlled and managed explain channel carrying capacity, levee schedules). Once approved by NARA, through several arrangements of a improvements and floodplain records schedules provide mandatory domestic, Federal and international maintenance; and evaluate impacts instructions on what happens to records nature. A range of options for the associated with the alternatives under when no longer needed for current domestic and international activities consideration. Significant issues which Government business. They authorize encompassed in the study area of the have been identified to be addressed in the preservation of records of Colorado River channel and floodway in the EIS include, but are not limited to, continuing value in the National the United States that could be affects on: (a) fish and wildlife; (b) Archives of the United States and the implemented by the USIBWC will be endangered species; (c) terrestrial and destruction, after a specified period, of considered. Operations and aquatic habitats; (d) cultural resources; records lacking administrative, legal, maintenance, in part, of the LCRBCPP (e) river channel capacity; (f) research, or other value. Notice is

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.130 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27821 published for records schedules in schedules, and some include records questionnaires in paper and electronic which agencies propose to destroy proposed as permanent. format of the Survey of Minority-Owned records not previously authorized for No Federal records are authorized for and Women-Owned Business disposal or reduce the retention period destruction without the approval of the Enterprises. The final survey data in of records already authorized for Archivist of the United States. This electronic form was previously disposal. NARA invites public approval is granted only after a approved for permanent retention. comments on such records schedules, as thorough consideration of their 4. Department of Defense, Office of required by 44 U.S.C. 3303a(a). administrative use by the agency of the Inspector General (N1–509–99–2, 3 origin, the rights of the Government and items, 3 temporary items). Memoranda DATES: Requests for copies must be of private persons directly affected by of Understanding or Agreement Files received in writing on or before July 6, the Government’s activities, and consisting of agreements with other 1999. Once the appraisal of the records whether or not they have historical or Defense agencies regarding audit is completed, NARA will send a copy of other value. procedures and related matters and with the schedule. NARA staff usually Besides identifying the Federal non-Defense agencies and non-Federal prepare appraisal memorandums that agencies and any subdivisions entities regarding training and other contain additional information requesting disposition authority, this services. Included are electronic copies concerning the records covered by a public notice lists the organizational of documents created using electronic proposed schedule. These, too, may be unit(s) accumulating the records or mail, word processing, and other office requested and will be provided once the indicates agency-wide applicability in automation applications. appraisal is completed. Requesters will the case of schedules that cover records 5. Department of Education, Office of be given 30 days to submit comments. that may be accumulated throughout an Postsecondary Education (N1–441–98– ADDRESSES: To request a copy of any agency. This notice provides the control 1, 5 items, 5 temporary items). Paper records schedule identified in this number assigned to each schedule, the and electronic records (CD–ROM) notice, write to the Life Cycle total number of schedule items, and the relating to the evaluation of applications Management Division (NWML), number of temporary items (the records from governmental and non- National Archives and Records proposed for destruction). It also governmental entities seeking Administration (NARA), 8601 Adelphi includes a brief description of the Department of Education recognition as Road, College Park, MD 20740–6001. temporary records. The records accrediting agencies. Included are Requests also may be transmitted by schedule itself contains a full accreditation case files for agencies FAX to 301–713–6852 or by e-mail to description of the records at the file unit recommended for approval or [email protected]. Requesters level as well as their disposition. If disapproval, containing applications for must cite the control number, which NARA staff has prepared an appraisal accreditation, interim reports, and other appears in parentheses after the name of memorandum for the schedule, it too, correspondence, and CD–ROM copies of the agency which submitted the includes information about the records. case files for agencies recommended for schedule, and must provide a mailing Further information about the approval. Also included are working address. Those who desire appraisal disposition process is available on papers, consisting of drafts, notes, and reports should so indicate in their request. other background materials, and electronic copies of documents created request. Schedules Pending FOR FURTHER INFORMATION CONTACT: using electronic mail and word 1. Department of Agriculture, Marie Allen, Director, Life Cycle processing. National Appeals Division (N1–16–98–1, 6. Department of Health and Human Management Division (NWML), 1 item, 1 temporary item). Services, National Institutes of Health National Archives and Records Correspondence, hearing notices, (N1–443–99–4, 4 items, 4 temporary Administration, 8601 Adelphi Road, reports, authorizations for items). Records relating to clinical care College Park, MD 20740–6001. representation, and other supporting including PET (Positron Emission Telephone: (301) 713–7110. E-mail: materials accumulated in connection Topography) files, records which [email protected]. with administrative appeal hearings and identify and describe blood products SUPPLEMENTARY INFORMATION: Each year reviews. Actions arise from adverse received from other collection facilities, Federal agencies create billions of decisions affecting beneficiaries of laboratory testing records, and records records on paper, film, magnetic tape, USDA programs. associated with patient testing, donor and other media. To control this 2. Department of Agriculture, testing, or blood product manufacturing, accumulation, agency records managers Agricultural Stabilization and which contain documentation related to prepare schedules proposing retention Conservation Service (N1–145–98–1, 32 validation, maintenance and quality periods for records and submit these items, 29 temporary items). Facilitative assurance of equipment, supplies, schedules for NARA’s approval, using records pre-dating 1962 that relate to reagents and processes. the Standard Form (SF) 115, Request for such matters as acreage allotments, 7. Department of Justice, U.S. Parole Records Disposition Authority. These commodities’ sales, loan rates, Commission (N1–438–98–1, 1 item, 1 schedules provide for the timely transfer subsidies, cost surveys, and price temporary item). District of Columbia into the National Archives of supports. Records were accumulated Board of Parole Case Files which historically valuable records and primarily in the 1950s and 1960s. include data on sentence and authorize the disposal of all other Procedural issuances and files relating information concerning the prisoner’s records after the agency no longer needs to the development of milk industry background and behavior during to conduct its business. Some schedules regulation are proposed for permanent incarceration and while on parole. Also are comprehensive and cover all the retention as are records pertaining to a included are parole hearings on records of an agency or one of its major multi-million dollar claim stemming individual prisoners. subdivisions. Most schedules, however, from the spoilage of stored grain. 8. Department of State, Bureau of cover records of only one office or 3. Department of Commerce, Census Educational and Cultural Affairs (N1– program or a few series of records. Many Bureau (N1–29–99–4, 2 items, 2 59–99–19, 1 item, 1 temporary item). of these update previously approved temporary items). Completed Designated Exchange Visitor Case Files

VerDate 06-MAY-99 18:40 May 20, 1999 Jkt 183247 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 27822 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices dating from 1950 to 1973 that pertain to NATIONAL ARCHIVES AND RECORDS 52, Appendix C, Design Certification applications for the establishment, ADMINISTRATION Rule for the AP600 Design. revision, or cancellation of exchange 3. The form number if applicable: Not programs. More recent records Advisory Committee on the Records of applicable. accumulated after the Bureau was Congress; Meeting 4. How often the collection is required: On occasion. transferred to the United States AGENCY: National Archives and Records Information Agency were previously 5. Who will be required or asked to Administration. report: Designers of commercial nuclear approved for disposal. ACTION: Notice of meeting. power plants, electric power utilities, 9. Department of State, Bureau of and any person eligible under the SUMMARY: European Affairs, (N1–59–99–20, 11 In accordance with the Atomic Energy Act to apply for a items, 8 temporary items). Federal Advisory Committee Act, the construction permit for a nuclear power Administrative files relating to the National Archives and Records plant. logistics of organizing the 1998 Administration (NARA) announces a 6. An estimate of the number of Washington Conference on Holocaust- meeting of the Advisory Committee on responses: No applications are expected the Records of Congress. The committee Era Assets. Included are electronic during the next three years. advises NARA on the full range of copies of records created using 7. The estimated number of annual programs, policies, and plans for the electronic mail and word processing. respondents: No applications are Center for Legislative Archives in the expected during the next three years. Proposed for permanent retention are Office of Records Services. the record-keeping copies of files 8. An estimate of the total number of DATES: June 14, 1999, from 10:00 a.m. to relating to the substantive issues hours needed annually to complete the 11:30 a.m. addressed by the Conference. requirement or request: Approximately ADDRESSES: United States Capitol 24 additional burden hours (8 hours 10. Securities and Exchange Building, Room S–211. each for 3 additional reports that result Commission, Office of the Inspector FOR FURTHER INFORMATION CONTACT: from changing the requirement from an General (N1–266–99–1, 7 items, 5 Michael L. Gillette, Director, Center for annual to quarterly report). No reports temporary items). Files relating to Legislative Archives, (202) 501–5350. are expected during the next three years. investigations and audits including 9. An indication of whether section SUPPLEMENTARY INFORMATION: correspondence, reports, notes, 3507(d), Public Law 104–13 applies: attachments, drafts, and background Agenda Applicable. papers. Also included are electronic Update—Legislative Information 10. Abstract: The proposed rule copies of documents created using Systems would add appendix C to 10 CFR part electronic mail and word processing. Update—Archives I Renovation 52 to allow interested parties to Recordkeeping copies of significant Five-Year Report to Congress reference a certified AP600 design in an investigative files and final audit reports Update—Center for Legislative Archives application for a construction permit or are proposed for permanent retention. Other current issues and new business combined license. In general, the information collection requirements are 11. Department of Veterans Affairs, The meeting is open to the public. the same as those contained in 10 CFR Veterans Health Administration (N1– Dated: May 17, 1999. part 52. The addition of appendix C to 15–98–3, 4 items, 4 temporary items). Mary Ann Hadyka, 10 CFR part 52 adds a small incremental Means test verification records used to Committee Management Officer. reporting burden. determine individual veterans’ fiscal [FR Doc. 99–12846 Filed 5–20–99; 8:45 am] The NRC will use the reported eligibility for health care provided by BILLING CODE 7515±01±P information to monitor changes to the the VA. Included are paper records and facility and gain an understanding of records on optical disk and other how the as-built facility conforms to the electronic media. Records also include NUCLEAR REGULATORY certified design. computer tapes provided by the Internal COMMISSION Submit, by June 21, 1999, comments Revenue Service and the Social Security that address the following questions: Administration. Documents Containing Reporting or 1. Is the proposed collection of Recordkeeping Requirements: Office information necessary for the NRC to 12. Tennessee Valley Authority, properly perform its functions? Does the Communications Program (N1–142–99– of Management and Budget (OMB) Review information have practical utility? 4, 2 items, 1 temporary item). Electronic 2. Is the burden estimate accurate? copies of documents created using word AGENCY: Nuclear Regulatory 3. Is there a way to enhance the processing pertaining to Inside TVA, a Commission (NRC). quality, utility, and clarity of the newspaper for employees that has ACTION: Notice of the OMB review of information to be collected? limited external distribution. information collection and solicitation 4. How can the burden of the Recordkeeping copies of these files are of public comment. information collection be minimized, proposed for permanent retention. including the use of automated SUMMARY: The NRC has recently Dated: May 12, 1999. collection techniques or other forms of submitted to OMB for review the information technology? Michael J. Kurtz, following proposal for the collection of A copy of the submittal may be Assistant Archivist for Record Services— information under the provisions of the viewed free of charge at the NRC Public Washington, DC. Paperwork Reduction Act of 1995 (44 Document Room, 2120 L Street, NW [FR Doc. 99–12845 Filed 5–20–99; 8:45 am] U.S.C. Chapter 35). (lower level), Washington, DC. The BILLING CODE 7515±01±P 1. Type of submission, new, revision, proposed rule indicated in ‘‘The title of or extension: Revision. the information collection’’ is or has 2. The title of the information been published in the Federal Register collection: Proposed Rule, 10 CFR part within several days of the publication

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.005 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27823 date of this Federal Register Notice. 6. An estimate of the number of SUMMARY: The NRC has recently Instructions for accessing the electronic responses: 11,311. submitted to OMB for review the OMB clearance package for the 7. The estimated number of annual following proposal for the collection of rulemaking have been appended to the respondents: 750. information under the provisions of the electronic rulemaking. Members of the 8. An estimate of the total number of Paperwork Reduction Act of 1995 (44 public may access the electronic OMB hours needed annually to complete the U.S.C. Chapter 35). The NRC hereby clearance package by following the requirement or request: 120,449 hours informs potential respondents that an directions for electronic access provided (10.7 hours per response). agency may not conduct or sponsor, and in the preamble to the titled rulemaking. 9. An indication of whether Section that a person is not required to respond Comments and questions should be 3507(d), Pub. L. 104–13 applies: Not to, a collection of information unless it directed to the OMB reviewer by June Applicable. displays a currently valid OMB control 21, 1999. Erik Godwin, Office of 10. Abstract: The mandatory number. Information and Regulatory Affairs requirements of the NRCAR implement 1. Type of submission, new, revision, (3150–0151), NEOB–10202, Office of and supplement the government-wide or extension: New. Management and Budget, Washington Federal Acquisition Regulation, and 2. The title of the information DC 20503. ensure that the regulations governing collection: ‘‘Request for Approval of Comments can also be submitted by the procurement of goods and services Foreign Travel’’. 3. The form number if applicable: telephone at (202) 395–3087. within the NRC satisfy the needs of the NRC Form 445. The NRC Clearance Officer is Brenda agency. Jo. Shelton, 301–415–7233. 4. How often the collection is A copy of the final supporting required: On occasion. Dated at Rockville, Maryland, this 14th day statement may be viewed free of charge of May 1999. 5. Who will be required or asked to at the NRC Public Document Room, report: Contractors and consultants who For the Nuclear Regulatory Commission. 2120 L Street, NW (lower level), travel to foreign countries in the course Brenda Jo. Shelton, Washington, DC. OMB clearance of conducting business for the NRC. NRC Clearance Officer, Office of the Chief requests are available at the NRC 6. An estimate of the number of Information Officer. worldwide website (http://www.nrc.gov/ responses: 30. [FR Doc. 99–12900 Filed 5–20–99; 8:45 am] NRC/PUBLIC/OMB/index.html). The 7. The estimated number of annual BILLING CODE 7590±01±P document will be available on the NRC respondents: 30. home page site for 60 days after the 8. An estimate of the total number of signature date of this notice. hours needed annually to complete the NUCLEAR REGULATORY Comments and questions should be requirement or request: 30. COMMISSION directed to the OMB reviewer by June 9. An indication of whether Section 21, 1999. Comments received after this 3507(d), Pub. L. 104–13 applies: Not Agency Information Collection date will be considered if it is practical applicable. Activities: Submission for OMB to do so, but assurance of consideration 10. Abstract: Information forwarded Review; Comment Request cannot be given to comments received on NRC Form 445, Request for Approval AGENCY: Nuclear Regulatory after this date. Eric Godwin, Office of of Foreign Travel, is supplied by Commission (NRC). Information and Regulatory Affairs consultants and contractors who travel to foreign countries in the course of ACTION: Notice of OMB review of (3150–0169), NEOB–10202, Office of conducting business for the NRC. In information collection and solicitation Management and Budget, Washington, accordance with 48 CFR part 20, ‘‘NRC of public comment. DC 20503. Comments can also be submitted by Acquisition Regulation,’’ contractors SUMMARY: The NRC has recently telephone at (202) 395–3087. traveling to foreign countries are submitted to OMB for review the The NRC Clearance Officer is Brenda required to complete this form. The following proposal for the collection of Jo Shelton, (301) 415–7233. information requested includes the name of the Office Director/Regional information under the provisions of the Dated at Rockville, MD, this 17th day of Paperwork Reduction Act of 1995 (44 May 1999. Administrator recommending travel, approval by the Office Director, U.S.C. Chapter 35). NRC hereby informs For the Nuclear Regulatory Commission. potential respondents that an agency Regional Administrator or Chairman, as Brenda Jo Shelton, may not conduct or sponsor, and that a appropriate, the traveler’s identifying person is not required to respond to, a NRC Clearance Officer, Office of the Chief information, purpose of travel, a listing Information Officer. collection of information unless it of the trip coordinators, other NRC displays a currently valid OMB control [FR Doc. 99–12902 Filed 5–20–99; 8:45 am] travelers and contractors attending the number. BILLING CODE 7590±01±P same meeting, and a proposed itinerary. 1. Type of submission, new, revision, A copy of the final supporting or extension: Extension. statement may be viewed free of charge 2. The title of the information NUCLEAR REGULATORY at the NRC Public Document Room, collection: 48 CFR part 20, U.S. Nuclear COMMISSION 2120 L Street, NW (lower level), Washington, DC. OMB clearance Regulatory Commission Acquisition Agency Information Collection requests are available at the NRC Regulation (NRCAR). Activities: Submission for OMB worldwide web site (http:// 3. The form number if applicable: Not Review; Comment Request applicable. www.nrc.gov/NRC/PUBLIC/OMB/ 4. How often the collection is AGENCY: Nuclear Regulatory index.html). The document will be required: On occasion; one time. Commission (NRC). available on the NRC home page site for 5. Who is required or asked to report: 60 days after the signature date of this ACTION: Notice of the OMB review of Offerors responding to NRC solicitations information collection and solicitation notice. and contractors receiving contract Comments and questions should be of public comment. awards from NRC. directed to the OMB reviewer listed

VerDate 06-MAY-99 18:40 May 20, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 27824 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices below by June 21, 1999. Comments will have made findings required by the or different kinds of accidents are received after this date will be Atomic Energy Act of 1954, as amended created. Therefore, the proposed change considered if it is practical to do so, but (the Act) and the Commission’s does not create the possibility of a new assurance of consideration cannot be regulations. or different kind of accident from any given to comments received after this Pursuant to 10 CFR 50.91(a)(6) for accident previously evaluated. date. amendments to be granted under This conclusion was derived by Erik Godwin, Office of Information and exigent circumstances, the NRC staff evaluating all applicable analyses Regulatory Affairs (3150– ), must determine that the amendment including thermal limit, ASME NEOB–10202, Office of Management request involves no significant hazards pressurization events, margin to and Budget, Washington, DC 20503 consideration. Under the Commission’s unpiped safety valve, anticipated Comments can also be submitted by regulations in 10 CFR 50.92, this means transient analysis without scram events, telephone at (202) 395–3087. that operation of the facility in station blackout, and Appendix R The NRC Clearance Officer is Brenda accordance with the proposed analyses. Therefore, the proposed Jo. Shelton, 301–415–7233. amendment would not (1) Involve a change does not create the possibility of significant increase in the probability or a new or different kind of accident from Dated at Rockville, MD, this 17th day of consequences of an accident previously any accident previously evaluated May 1999. evaluated; or (2) create the possibility of because the analyses support operation For the Nuclear Regulatory Commission. a new or different kind of accident from with the Target Rock SRV safety Brenda Jo. Shelton, any accident previously evaluated; or function OOS. NRC Clearance Officer, Office of the Chief (3) involve a significant reduction in a 3. Does the change involve a Information Officer. margin of safety. As required by 10 CFR significant reduction in a margin of [FR Doc. 99–12903 Filed 5–20–99; 8:45 am] 50.91(a), the licensee has provided its safety? BILLING CODE 7590±01±P analysis of the issue of no significant Allowing Dresden operation with the hazards consideration, which is Target Rock SRV safety function out of presented below: service will not involve any reduction NUCLEAR REGULATORY 1. Does the change involve a in margin of safety. This conclusion was COMMISSION significant increase in the probability of derived by evaluating all existing occurrence or consequences of an analyses including thermal limit, ASME [Docket No. 50±249] accident previously evaluated? pressurization events, margin to Commonwealth Edison Company; The probability of an evaluated unpiped safety valve, anticipated Notice of Consideration of Issuance of accident is derived from the transient analysis without scram events, Amendment to Facility Operating probabilities of the individual station blackout, and Appendix R License, Proposed No Significant precursors to that accident. The analyses. The analyses previously Hazards Consideration Determination, consequences of an evaluated accident evaluated remain valid and and Opportunity for a Hearing are determined by the operability of conservative. Thus there is no reduction plant systems designed to mitigate those in the margin of safety. The U.S. Nuclear Regulatory consequences. Limits have been Therefore, based upon the above Commission (the Commission) is established consistent with NRC- evaluation, ComEd has concluded that considering issuance of an amendment approved methods to ensure that fuel these changes do not constitute a to Facility Operating License No. DPR– performance during normal, transient, significant hazards consideration. 25, issued to Commonwealth Edison and accident conditions is acceptable. The NRC staff has reviewed the Company (ComEd, the licensee), for The proposed change to permit licensee’s analysis and, based on this operation of the Dresden Nuclear Power operation with the Target Rock valve review, it appears that the three Station, Unit 3, located in Grundy safety function OOS (out of service) standards of 10 CFR 50.92(c) are County, Illinois. does not affect the ability of plant satisfied. Therefore, the NRC staff The proposed amendment would systems to adequately mitigate the proposes to determine that the reduce the number of safety valves consequences of an accident previously amendment request involves no required for overpressure protection at evaluated. significant hazards consideration. Dresden, Unit 3, by excluding from This conclusion was derived by The Commission is seeking public Technical Specifications (TS) section evaluating all applicable analyses comments on this proposed 3.6.E the safety valve function of the including thermal limit, ASME determination. Any comments received Target Rock safety/relief valve (SRV). (American Society of Mechanical by close of business (4:15 p.m. EDST) The proposed amendment would also Engineers) pressurization events, margin within 14 days after the date of move the safety valve lift pressure to unpiped safety valve, anticipated publication of this notice will be setpoints from TS section 3.6.E to TS transient analysis without scram, LOCA considered in making any final section 4.6.E. (loss of coolant accident), station determination. This request for amendment was blackout, and Appendix R analyses. Normally, the Commission will not submitted under exigent circumstances Therefore, there is no increase in the issue the amendment until the to prevent undue shutdown or derate of probability or consequences of an expiration of the 14-day notice period. the unit due to the safety valve function accident previously evaluated because However, should circumstances change of the Target Rock safety/relief valve the analyses support operation with the during the notice period, such that becoming inoperable on May 3, 1999. Target Rock SRV safety function OOS. failure to act in a timely way would The time necessary for ComEd to 2. Does the change create the result, for example, in derating or develop this TS request would not allow possibility of a new or different kind of shutdown of the facility, the the normal 30-day period for public accident from any accident previously Commission may issue the license comment since ComEd had no prior evaluated? amendment before the expiration of the knowledge of this inoperability. Since the requested change has been 14-day notice period, provided that its Before issuance of the proposed previously evaluated, no new precursors final determination is that the license amendment, the Commission of an accident are created and no new amendment involves no significant

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.181 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27825 hazards consideration. The final should specifically explain the reasons If the amendment is issued before the determination will consider all public why intervention should be permitted expiration of the 30-day hearing period, and State comments received. Should with particular reference to the the Commission will make a final the Commission take this action, it will following factors: (1) The nature of the determination on the issue of no publish in the Federal Register a notice petitioner’s right under the Act to be significant hazards consideration. If a of issuance. The Commission expects made a party to the proceeding; (2) the hearing is requested, the final that the need to take this action will nature and extent of the petitioner’s determination will serve to decide when occur very infrequently. property, financial, or other interest in the hearing is held. Written comments may be submitted the proceeding; and (3) the possible by mail to the Chief, Rules Review and effect of any order which may be If the final determination is that the Directives Branch, Division of Freedom entered in the proceeding on the amendment request involves no of Information and Publications petitioner’s interest. The petition should significant hazards consideration, the Services, Office of Administration, U.S. also identify the specific aspect(s) of the Commission may issue the amendment Nuclear Regulatory Commission, subject matter of the proceeding as to and make it immediately effective, Washington, DC 20555–0001, and which petitioner wishes to intervene. notwithstanding the request for a should cite the publication date and Any person who has filed a petition for hearing. Any hearing held would take page number of this Federal Register leave to intervene or who has been place after issuance of the amendment. notice. Written comments may also be admitted as a party may amend the If the final determination is that the delivered to Room 6D59, Two White petition without requesting leave of the amendment request involves a Flint North, 11545 Rockville Pike, Board up to 15 days prior to the first significant hazards consideration, any Rockville, Maryland, from 7:30 a.m. to prehearing conference scheduled in the 4:15 p.m. Federal workdays. Copies of hearing held would take place before proceeding, but such an amended the issuance of any amendment. written comments received may be petition must satisfy the specificity examined at the NRC Public Document requirements described above. A request for a hearing or a petition Room, the Gelman Building, 2120 L Not later than 15 days prior to the first for leave to intervene must be filed with Street, NW, Washington, DC. prehearing conference scheduled in the the Secretary of the Commission, US The filing of requests for hearing and proceeding, a petitioner shall file a Nuclear Regulatory Commission, petitions for leave to intervene is supplement to the petition to intervene Washington, DC 20555–0001, Attention: discussed below. which must include a list of the Rulemakings and Adjudications Staff, or By June 21, 1999, the licensee may may be delivered to the Commission’s file a request for a hearing with respect contentions which are sought to be Public Document Room, the Gelman to issuance of the amendment to the litigated in the matter. Each contention Building, 2120 L Street, NW, subject facility operating license and must consist of a specific statement of any person whose interest may be the issue of law or fact to be raised or Washington, DC, by the above date. affected by this proceeding and who controverted. In addition, the petitioner A copy of the petition should also be wishes to participate as a party in the shall provide a brief explanation of the sent to the Office of the General proceeding must file a written request bases of the contention and a concise Counsel, U.S. Nuclear Regulatory for a hearing and a petition for leave to statement of the alleged facts or expert Commission, Washington, DC 20555– intervene. Requests for a hearing and a opinion which support the contention 0001, and to Ms. Pamela B. Stroebel, petition for leave to intervene shall be and on which the petitioner intends to Senior Vice President and General rely in proving the contention at the filed in accordance with the Counsel, Commonwealth Edison hearing. Commission’s ‘‘Rules of Practice for Company, P.O. Box 767, Chicago, The petitioner must also provide Domestic Licensing Proceedings’’ in 10 Illinois 60690–0767, attorney for the references to those specific sources and CFR part 2. Interested persons should licensee. consult a current copy of 10 CFR 2.714 documents of which the petitioner is which is available at the Commission’s aware and on which the petitioner Nontimely filings of petitions for Public Document Room, the Gelman intends to rely to establish those facts or leave to intervene, amended petitions, Building, 2120 L Street, NW, expert opinion. Petitioner must provide supplemental petitions and/or requests Washington, DC, and at the local public sufficient information to show that a for hearing will not be entertained document room located at the Morris genuine dispute exists with the absent a determination by the Area Public Library District, 604 Liberty applicant on a material issue of law or Commission, the presiding officer or the Street, Morris, Illinois 60450. If a fact. Contentions shall be limited to presiding Atomic Safety and Licensing request for a hearing or petition for matters within the scope of the Board that the petition and/or request leave to intervene is filed by the above amendment under consideration. The should be granted based upon a date, the Commission or an Atomic contention must be one which, if balancing of the factors specified in 10 Safety and Licensing Board, designated proven, would entitle the petitioner to CFR 2.714(a)(1)(i)-(v) and 2.714(d). by the Commission or by the Chairman relief. A petitioner who fails to file such For further details with respect to this a supplement which satisfies these of the Atomic Safety and Licensing action, see the application for requirements with respect to at least one Board Panel, will rule on the request amendment dated May 5, 1999, which contention will not be permitted to and/or petition; and the Secretary or the is available for public inspection at the participate as a party. designated Atomic Safety and Licensing Commission’s Public Document Room, Those permitted to intervene become Board will issue a notice of hearing or the Gelman Building, 2120 L Street, an appropriate order. parties to the proceeding, subject to any NW, Washington, DC, and at the local As required by 10 CFR 2.714, a limitations in the order granting leave to petition for leave to intervene shall set intervene, and have the opportunity to public document room, located at the forth with particularity the interest of participate fully in the conduct of the Morris Area Public Library District, 604 the petitioner in the proceeding, and hearing, including the opportunity to Liberty Street, Morris, Illinois 60450. how that interest may be affected by the present evidence and cross-examine Dated at Rockville, Maryland, this 18th day results of the proceeding. The petition witnesses. of May 1999.

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For the Nuclear Regulatory Commission. For the Nuclear Regulatory Commission. 11(e)2 byproduct material are disposed Lawrence W. Rossbach, Timothy G. Colburn, Sr., of in separate disposal cells from the Project Manager, Section 2, Project Project Manager, Section 2, Project LLW. The MW and LLW streams may Directorate III, Division of Licensing Project Directorate I, Division of Licensing Project contain quantities of special nuclear Management, Office of Nuclear Reactor Management, Office of Nuclear Reactor material (SNM). Regulation. Regulation. Envirocare receives wastes by rail and [FR Doc. 99–13023 Filed 5–20–99; 8:45 am] [FR Doc. 99–12904 Filed 5–20–99; 8:45 am] truck. Separate storage and disposal BILLING CODE 7590±01±P BILLING CODE 7590±01±P facilities exist for the LLW and MW. Envirocare’s method of disposal is to remove the waste from its container or NUCLEAR REGULATORY NUCLEAR REGULATORY dump bulk waste into lifts and compact COMMISSION COMMISSION the material. Subsequent lifts of material [Docket No. 40±8989] are placed above completed lifts. The [Docket No. 50±289] waste streams are diverse and vary from Order To Exempt Envirocare of Utah, contaminated soils and debris from GPU Nuclear Inc., et al; Notice of Inc. From Certain NRC Licensing decommissioning facilities to dry active Withdrawal of Application for Requirements for Special Nuclear waste (DAW) and resins from operating Amendment to Facility Operating Material facilities. License In addition to disposing of mixed Background waste, Envirocare also has capabilities The U.S. Nuclear Regulatory The U.S. Nuclear Regulatory to treat mixed waste prior to disposal. Commission (the Commission) has Commission (NRC or the Commission) This treatment typically includes granted the request of GPU Nuclear, is issuing an Order pursuant to section chemically stabilizing of hazardous Inc., et al., (the licensee) to withdraw its 274f of the Atomic Energy Act to constituents by mixing the waste with August 29, 1996, application as Envirocare of Utah, Inc. (Envirocare) various reagents, and micro- and macro- supplemented by letter dated October 3, from certain NRC regulations. The encapsulation of waste with low density 1996, for proposed amendment to exemption will allow Envirocare, under polyethylene plastic. The applicable Facility Operating License No. DPR–50 specified conditions, to possess waste hazardous waste regulations require for the Three Mile Island Nuclear containing special nuclear material bench scale treatability studies prior to Station, Unit No. 1, located in Dauphin (SNM), in greater mass quantities than treating the bulk of the waste. County, Pa. specified in 10 CFR part 150, at II The proposed amendment requested Envirocare’s low-level waste (LLW) Pursuant to 10 CFR 70.14, ‘‘the deletion of several limiting conditions disposal facility located in Clive, Utah, Commission may * * * grant such for operation and related surveillance without obtaining an NRC license exemptions from the requirements of requirements that the licensee judged pursuant to 10 CFR part 70. NRC has the regulations in this part as it did not meet the criteria for inclusion in previously published an Environmental determines are authorized by law and technical specifications (TS) as set forth Assessment (EA) and Finding of No will not endanger life or property or the in 10 CFR 50.36(c)(2)(ii) and are not Significant Impact in the Federal common defense and security and are included in the Revised Standard Register. In addition, a description of otherwise in the public interest.’’ Technical Specifications for B&W plants the operations at the facility and staff’s Section 70.3 of 10 CFR Part 70 as delineated in NUREG 1430. The safety analysis for the exemption are requires persons who own, acquire, Commission had previously issued a discussed in a Safety Evaluation Report deliver, receive, possess, use, or transfer Notice of Consideration of Issuance of (SER), which is available in the public SNM to obtain a license pursuant to the Amendment published in the Federal docket room. requirements in 10 CFR Part 70. Section Register on December 18, 1996 (61 FR Order 10 CFR 150.10 exempts persons in 66708). However, by letter dated April Agreement States, who possess SNM in 27, 1999, the licensee withdrew the I. quantities not sufficient to form a proposed change request. Envirocare of Utah, Inc. (Envirocare) critical mass, from Commission- For further details with respect to this operates a low-level waste disposal imposed licensing requirements and action, see the application for facility in Clive, Utah. This facility is regulations. The method for calculating amendment dated August 29, 1996, as licensed by the State of Utah, an NRC a quantity of SNM not sufficient to form supplemented October 3, 1996, and the Agreement State, under a 10 CFR part a critical mass is set forth in 10 CFR licensee’s letter dated April 27, 1999, 61 equivalent license (UT 2300249). In 150.11. Therefore, Envirocare is which withdrew the application for 1988, Envirocare began accepting currently limited by regulation and its license amendment. The above naturally occurring radioactive material State of Utah license to possess SNM in documents are available for public (NORM) waste. In 1992, Envirocare quantities set out in 10 CFR 150.10 and inspection at the Commission’s Public began accepting very low activity, low- 150.11. The SNM possession limits in Document Room, the Gelman Building, level waste (LLW) primarily generated the regulation and license, as they relate 2120 L Street, NW, Washington, DC, and during the decommissioning of nuclear to LLW disposal facilities, apply to at the local public document room facilities. Envirocare’s State of Utah above-ground possession prior to located at the Law/Government radioactive materials license (RML) has disposal. Therefore, once the SNM is Publications Section, State Library of been amended to permit disposal of disposed of, the possession limits no Pennsylvania, (Regional Depository) other types of LLW. Envirocare is also longer apply. Walnut Street and Commonwealth licensed by Utah to dispose of mixed In response to an inspection by the Avenue, P.O. Box 1601, Harrisburg, PA radioactive and hazardous wastes (MW). State of Utah which determined that 17105. In addition, Envirocare has an NRC Envirocare had exceeded its Agreement Dated at Rockville, MD, this 14th day of license to dispose of waste containing State license limits for the possession of May 1999. 11(e)2 byproduct material. The MW and U-235, NRC conducted its own

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If the amounts prescribed in 10 CFR 150.11 container rupture and resultant spillage SNM is not homogeneously distributed, and Envirocare’s Agreement State in a metropolitan area. then the limiting concentrations must license, and to submit a compliance III not be exceeded on average in any plan (CP) for meeting 10 CFR 150.10 contiguous mass of 145 kilograms. and 150.11 to NRC for approval. NRC staff has reviewed the current 2. Except as allowed by notes a, b, c, Condition 3 of the Order required shipping practice and considers it to be and d in Condition 1, waste may not Envirocare to include all SNM in the less desirable from a health and safety contain ‘‘pure forms’’ of chemicals restricted area at the site in applying the standpoint than having the rail cars containing carbon, fluorine, magnesium, limitations in 10 CFR 150.10 and proceed directly to the site. However, or bismuth in bulk quantities (e.g., a 150.11. Envirocare submitted a CP dated Condition 3 of the Order and the CP, as pallet of drums, a B–25 box). By ‘‘pure July 23, 1997, which was approved by they now stand, effectively preclude forms,’’ it is meant that mixtures of the NRC in a letter, dated August 1, 1997. many rail cars containing SNM from above elements such as magnesium Under the provisions of the CP, all being brought onto the Envirocare site. oxide, magnesium carbonate, waste containing SNM with the Envirocare would need to obtain a magnesium fluoride, bismuth oxide, etc. exception of waste ‘‘in transport’’ which license or an exemption from the NRC do not contain other elements. These is located within the restricted area at under 10 CFR part 70 that would permit chemicals would be added to the waste Envirocare’s site is subject to the it to possess the SNM in the cars on the stream during processing, such as at fuel limitations in 10 CFR 150.10 and site. Such SNM might well exceed the facilities, or treatment such as at mixed 150.11. However, trucks containing limits in 10 CFR 150.10 and 150.11, as waste treatment facilities. The presence SNM waste can proceed directly to the well as the limits of the State of Utah of the above materials will be disposal cell and would be considered license. determined by the generator, based on ‘‘in transport’’ and not in Envirocare’s In this instance, the staff believes that process knowledge or testing. possession. This condition is applicable the appropriate action is to issue 3. Except as allowed by notes c and provided that the waste was disposed of Envirocare an exemption. Specifically, d in Condition 1, waste accepted may on the same calendar day as arrival, and Envirocare would be exempted from the not contain total quantities of beryllium, that the amount of SNM in any requirements of 10 CFR part 70, hydrogenous material enriched in individual truck did not exceed the including the requirements for an NRC deuterium, or graphite above one limits in 10 CFR 150.11. When NRC license in 10 CFR 70.3, for SNM within percent of the total weight of the waste. approved the CP on August 13, 1997, the restricted area at Envirocare’s site, The presence of the above materials will Condition 3 of the Order was revised to provided that: be determined by the generator, based 1. Concentrations of SNM in incorporate the terms of the CP. on process knowledge, physical individual waste containers must not observations, or testing. When Envirocare submitted its July exceed the following values at time of 4. Waste packages may not contain 23, 1997, CP, it noted that application receipt: of the ‘‘in transport’’ approach to rail highly water soluble forms of uranium shipments and shipments disposed on Maximum Measure- greater than 350 grams of uranium-235 the same day they are received would or 200 grams of uranium-233. The sum Radionuclide con- ment un- greatly assist operational flexibility at centration certainty of the fractions rule will apply for no risk to public health and safety. (pCi/g) (pCi/g) mixtures of U-233 and U-235. Highly Based on consultation with the U.S. soluble forms of uranium include, but U-235a ...... 1900 285 Department of Transportation (DOT), U-235b ...... 1190 179 are not limited to: uranium sulfate, the NRC has concluded that the ‘‘in U-235c ...... 160 24 uranyl acetate, uranyl chloride, uranyl transport’’ approach would not apply to U-235d ...... 680 102 formate, uranyl fluoride, uranyl nitrate, rail shipments. However, the staff U-233 ...... 75,000 11,250 uranyl potassium carbonate, and uranyl believes the circumstances warrant Pu-236 ...... 500 75 sulfate. The presence of the above some action to provide Envirocare the Pu-238 ...... 10,000 1,500 materials will be determined by the needed flexibility without undue risk to Pu-239 ...... 10,000 1,500 generator, based on process knowledge Pu-240 ...... 10,000 1,500 or testing. public health and safety. The NRC staff Pu-241 ...... 350,000 50,000 has been informed that, in order to Pu-242 ...... 10,000 1,500 5. Mixed waste processing of waste accommodate possession limits, rail Pu-243 ...... 500 75 containing SNM must be limited to shipments containing SNM waste are Pu-244 ...... 500 75 stabilization (mixing waste with being transferred to trucks in Salt Lake reagents), micro-encapsulation, and a For uranium below 10 percent enrichment City, Utah, for transport to the and a maximum of 20 percent MgO of the macro-encapsulation using low-density Envirocare disposal facility. In response weight of the waste. polyethylene. to questions raised in a letter from the b For uranium at or above 10 percent enrich- 6. Envirocare shall require generators State of Utah, NRC accompanied DOT ment and a maximum of 20 percent MgO of to provide the following information for the weight of the waste. on an inspection of the Salt Lake City c For uranium at any enrichment with unlim- each waste stream: rail yard and to the carriers facilities. ited MgO or beryllium. Pre-Shipment DOT concluded that the process d For uranium at any enrichment with sum of observed met DOT’s requirements; MgO and beryllium not exceeding 49 percent 1. Waste Description. The description however, NRC staff concluded that the of the weight of the waste. must detail how the waste was process resulted in an increased number The measurement uncertainty values generated, list the physical forms in the of trips, leading to a slightly higher in column 3 above represent the waste, and identify uranium chemical probability of a transportation accident. maximum one-sigma uncertainty composition.

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2. Waste Characterization Summary. written notification of the event must be For the Nuclear Regulatory Commission. The data must include a general provided within 7 days. Carl J. Paperiello, description of how the waste was 9. Envirocare shall obtain NRC Director, Office of Nuclear Material Safety characterized (including the volumetric approval prior to changing any activities and Safeguards. extent of the waste, and the number, associated with the above conditions. [FR Doc. 99–12905 Filed 5–20–99; 8:45 am] location, type, and results of any Considering that this exemption will BILLING CODE 7590±01±P analytical testing), the range of SNM permit Envirocare to exceed the SNM concentrations, and the analytical possession limits in 10 CFR part 150 results with error values used to which will be in direct conflict with the Confirmatory Order dated June 25, 1997, NUCLEAR REGULATORY develop the concentration ranges. COMMISSION 3. Uniformity Description. A the Confirmatory Order is hereby description of the process by which the rescinded when this Order becomes waste was generated showing that the effective. Moreover, the provisions in [Docket Number 40±8102] spatial distribution of SNM must be Envirocare’s CP will no longer be in Exxon Corp., Highlands, WY uniform, or other information effect. supporting spatial distribution. The licensing requirements in 10 CFR part 70 apply to persons possessing AGENCY: U.S. Nuclear Regulatory 4. Manifest Concentration. The greater than critical mass quantities (as Commission. generator shall describe the methods to defined in 10 CFR 150.11). The be used to determine the concentrations ACTION: Final finding of no significant principle emphasis of part 70 is on the manifests. These methods could impact. criticality safety and safeguarding SNM include direct measurement and the use against diversion or sabotage. The NRC of scaling factors. The generator shall staff believes that criticality safety can SUMMARY: Notice is hereby given that describe the uncertainty associated with be maintained by relying on the U.S. Nuclear Regulatory sampling and testing used to obtain the concentration limits, under the Commission (NRC) proposes to amend manifest concentrations. specified conditions. Section 150.11 Exxon Corporation’s (Exxon’s) Source Envirocare shall review the above establishes the quantities of SNM Material License SUA–1139, to allow information and, if adequate, approve in considered not sufficient to form a alternate concentration limits (ACLs) for writing this pre-shipment waste critical mass. The concentration limits groundwater hazardous constituents at characterization and assurance plan in this notice are considered as an the Highland uranium mill site in before permitting the shipment of a acceptable alternative to the definition Converse County, Wyoming. An waste stream. This will include provided in § 150.11, thereby assuring Environmental Assessment (EA) was statements that Envirocare has a written the same level of protection. Moreover, performed by the NRC staff in copy of all the information required storing the SNM within the Envirocare accordance with the requirements of 10 above, that the characterization restricted area will increase the security CFR part 51. The conclusion of the EA information is adequate and consistent and safeguarding of the SNM. is a Finding of No Significant Impact with the waste description, and that the Therefore, the Commission concludes (FONSI) for this licensing action. information is sufficient to demonstrate that this proposed exemption will have compliance with conditions 1 through no significant radiological or SUPPLEMENTARY INFORMATION: 4. Where generator process knowledge nonradiological environmental impacts. is used to demonstrate compliance with Background IV conditions 1, 2, 3, or 4, Envirocare shall By letter of December 18, 1998, Exxon review this information and determine Based on the above evaluation, the requested that Source Material License when testing is required to provide Commission has determined, pursuant SUA–1139 be amended to allow ACLs additional information in assuring to 10 CFR 70.14, that the exemption of for groundwater constituents, nickel, compliance with the conditions. above activities at the Envirocare radium-226 & 228 combined, and disposal facility is authorized by law, Envirocare shall retain this information natural uranium, at Exxon’s Highland as required by the State of Utah to and will not endanger life or property or uranium mill site. Exxon’s application permit independent review. the common defense and security and for ACLs proposed discontinuing the are otherwise in the public interest. At Receipt site groundwater corrective action Accordingly, by this Order the Envirocare shall require generators of Commission hereby grants this program (CAP) in order to complete SNM waste to provide a written exemption. The exemption will become placement of the final radon barrier over certification with each waste manifest effective after the State of Utah has the tailings and complete reclamation of that states that the SNM concentrations incorporated the above conditions into the site. In order to terminate the CAP, reported on the manifest do not exceed Envirocare’s RML. the licensee must meet 10 CFR part 40, the limits in Condition 1, that the Pursuant to the requirements in 10 appendix A, Criterion 5B(5), which measurement uncertainty does not CFR part 51, the Commission has requires that, at the point of compliance exceed the uncertainty value in published an EA for the proposed action (POC), the concentration of a hazardous Condition 1, and that the waste meets wherein it has determined that the constituent must not exceed the conditions 2 through 4. granting of this exemption will have no established background concentration of 7. Sampling and radiological testing significant impacts on the quality of the that constituent, the maximum of waste containing SNM shall be human environment. Copies of the EA concentration limits (MCLs) given in performed in accordance with the Utah and SER are available for public Table 5C of Appendix A, or an alternate Division of Radiation Control license inspection at the Commission’s Public concentration limit established by the Condition 58. Document Room, located at 2120 L NRC. The receipt of Exxon’s request by 8. Envirocare shall notify the NRC, Street, NW, Washington, DC 20037. NRC and a Notice of Opportunity for a Region IV office within 24 hours if any Dated at Rockville, MD., this 7th day of Hearing were published in the Federal of the above conditions are violated. A May 1999. Register on January 13, 1999.

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Summary of the Environmental low volume of water available in the of an Environmental Impact Statement Assessment unit, and the remote location of the site. is not warranted. 4. Additional corrective action will The EA and other documents related Identification of the Proposed Action have little effect on the net reduction of to this action are being made available The proposed action is an amendment constituent concentrations of concern to for public inspection at the NRC’s to SUA–1139 to allow the application of the NRC and, therefore, will have little Public Document Room at 2120 L Street, ACLs for groundwater hazardous impact on groundwater quality. NW (Lower Level). constituents, nickel, radium-226 & 228 Because the staff has determined that FOR FURTHER INFORMATION CONTACT: combined, and uranium at the Exxon there will be no significant impacts Mohammad W. Haque, Uranium Highland facility, as provided in 10 CFR associated with approval of the Recovery and Low-Level Waste Branch, part 40, appendix A, Criterion 5B(5). amendment request, there can be no Division of Waste Management, U.S. The NRC staff’s review was conducted disproportionately high and adverse Nuclear Regulatory Commission, in accordance with the ‘‘Staff Technical effects or impacts on minority and low- Washington, DC 20555. Telephone (301) Position, Alternate Concentration Limits income populations. Except in special 415–6640. cases, these impacts need not be for Title II Uranium Mills,’’ dated Dated at Rockville, Maryland, this 14th day January 1996. addressed for EAs in which a FONSI is made. Special cases may include of May, 1999. Based on its evaluation of Exxon’s For the Nuclear Regulatory Commission. amendment request, the NRC staff has regulatory actions that have substantial N. King Stablein, concluded that granting Exxon the public interest, decommissioning cases request for ACLs will not result in involving onsite disposal in accordance Acting Chief, Uranium Recovery and Low- with 10 CFR 20.2002, decommissioning/ Level Waste Branch, Division of Waste significant impacts. The staff decision Management, Office of Nuclear Material was based on information provided by decontamination cases which allow residual radioactivity in excess of Safety and Safeguards. Exxon, demonstrating that its proposed [FR Doc. 99–12901 Filed 5–20–99; 8:45 am] ACLs would not pose a substantial release criteria, or cases where BILLING CODE 7590±01±P present or potential future hazard to environmental justice issues have been human health and the environment, and previously raised. Consequently, further are as low as is reasonably achievable evaluation of ‘‘Environmental Justice’’ SECURITIES AND EXCHANGE (ALARA). A review of alternatives to the concerns, as outlined in NRC’s Office of COMMISSION requested action indicates that Nuclear Material Safety and Safeguards implementation of alternate methods Policy and Procedures Letter 1–50, Rev. [Release Nos. IC±23841, 812±11414] would result in little net reduction of 1, is not warranted. groundwater constituent concentrations. Alternatives to the Proposed Action AIM Advisor Funds, Inc., et al.; Notice of Application Conclusion Since the licensee has demonstrated that the proposed ACL values will not May 14, 1999. The NRC staff concludes that pose substantial present or potential AGENCY: Securities and Exchange approval of Exxon’s amendment request hazards to human health and the Commission (‘‘SEC’’). to allow ACLs for groundwater environment, and that the proposed hazardous constituents will not cause ACTION: Notice of application for an ACLs are ALARA, considering order under sections 6(c), 12(d)(1)(J), significant health or environmental practicable corrective actions, impacts. and 17(b) of the Investment Company establishing other standards more Act of 1940 (the ‘‘Act’’) for exemptions The following statements summarize stringent than the proposed ACLs was the conclusions resulting from the EA: from sections 12(d)(1)(A) and (B) and not evaluated. Furthermore, since the 17(a) of the Act, and under section 17(d) 1. Currently, all concentrations of NRC staff has concluded that there are of the Act and rule 17d–1 under the Act hazardous constituents of concern to no significant environmental impacts to permit certain joint transactions. NRC meet the proposed groundwater associated with the proposed action, ACLs for the site at the POC wells. any alternatives with equal or greater Summary of the Application: The 2. Present and potential health risks environmental impacts need not be requested order would permit certain were assessed for various exposure evaluated. The principal alternative to registered management investment scenarios, using conservative the proposed action would be to deny companies to invest uninvested cash approaches. The result of these the requested action. The licensee and cash collateral in affiliated money assessments indicates that present and evaluated various alternatives, market funds in excess of the limits in potential future hazardous constituent including continuation of the CAP, and sections 12(d)(1)(A) and (B) of the Act. concentrations at the specified POEs demonstrated that those alternatives Applicants: AIM Advisor Funds, Inc., will not pose significant risks to human would result in little net reduction of AIM Eastern Europe Fund, AIM Equity health and the environment. The POEs constituent concentrations. Because the Funds, Inc., AIM Funds Group, AIM are located within or at the long-term environmental impacts of the proposed Growth Series, AIM International care area boundary which will be action and the no-action alternative are Funds, Inc., AIM Investment Funds, maintained for long-term care by the similar, there is no need to further AIM Investment Securities Funds, AIM U.S. Department of Energy following evaluate alternatives to the proposed Series Trust, AIM Special Opportunities termination of the Exxon license. action. Funds, AIM Summit Fund, Inc., AIM 3. Climatological extremes and sparse Tax-Exempt Funds, Inc., AIM Variable vegetation indicate that future use of Finding of No Significant Impact Insurance Funds, Inc., Emerging groundwater is likely to be limited to The NRC staff has prepared an EA for Markets Debt Portfolio, Floating Rate seasonal livestock (e.g., cattle) and this action. On the basis of this Portfolio, Global Investment Portfolio, wildlife (e.g., pronghorn antelope) assessment, the NRC staff has concluded Growth Portfolio, G.T. Global Floating watering. Domestic use of groundwater that the environmental impacts that may Rate Fund, Inc., G.T. Global Variable from the tailings dam sandstone at the result from this action would not be Investment Series, G.T. Global Variable site is highly unlikely because of the significant, and, therefore, preparation Investment Trust, Short-Term

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Investments Co., Short-Term rule 2a–7 under the Act (together with another investment company if the sale Investments Trust, Tax-Free any future money market Funds, the will cause the acquiring company to Investments Co., and all existing and ‘‘Money Market Funds’’).1 AIM is the own more than 3% of the acquired future registered management investment adviser to each Fund and is company’s voting stock, or if the sale investment companies for which AIM registered under the Investment will cause more than 10% of the Advisors, Inc. (‘‘AIM’’) serves in the Advisers Act of 1940. acquired company’s voting stock to be future as in investment adviser 2. Applicants state that each of the owned by investment companies. (collectively, the ‘‘Investment Funds has, or may have, uninvested 2. Section 12(d)(1)(J) of the Act Companies’’) and all series of the cash held by its custodian. Such cash provides that the SEC may exempt any Investment Companies. may result from a variety of sources, person, security, or transaction from any Filing Dates: The application was including dividends or interest received provision of section 12(d)(1) if and to filed on November 25, 1998, and on portfolio securities, unsettled the extent that such exemption is amended on April 16, 1999. securities transactions, strategic consistent with the public interest and Hearing or Notification of Hearing: An reserves, matured investments, proceeds the protection of investors. Applicants order granting the application will be from liquidation of investment request relief under section 12(d)(1)(J) issued unless the SEC orders a hearing. securities, dividend payments, or new from the limitations of section Interested persons may request a investor capital (‘‘Uninvested Cash’’). 12(d)(1)(A) and (B) to permit the hearing by writing to the SEC’s Most Funds also may participate in a Investing Funds to invest Cash Balances Secretary and serving applicant with a securities lending program under which in Money Market Funds. copy of the request, personally or by a Fund may lend its portfolio securities 3. Applicants state that the proposed mail. Hearing requests should be to registered broker-dealers or other arrangement would not result in the received by the SEC by 5:30 p.m. on institutional investors (‘‘Securities abuses that sections 12(d)(1)(A) and (B) June 8, 1999, and should be Lending Program’’). The loans are were intended to prevent. Applicants accompanied by proof of service on continuously secured by collateral equal state that because each Money Market applicants, in the form of an affidavit or, at all times to at least the market value Fund will maintain a highly liquid for lawyers, a certificate of service. of the securities loaned. Collateral for portfolio, an Investing Fund will not be Hearing requests should state the nature these loans may include cash (‘‘Cash in a position to gain undue influence of the writer’s interest, the reason for the Collateral,’’ and together with over a Money Market Fund through request, and the issues contested. Uninvested Cash, ‘‘Cash Balances’’). threat of redemption. Applicants Persons who wish to be notified of a 3. Applicants request an order to represent that the proposed arrangement hearing may request notification by permit certain Funds (‘‘Investing will not result in an inappropriate writing to the SEC’s Secretary. Funds’’) to invest their Cash Balances in layering of fees because shares of the one or more of the Money Market Money Market Funds sold to the ADDRESSES: Secretary, SEC, 450 Fifth Funds, and the Money Market Funds to Investing Funds will not be subject to a Street, N.W., Washington, D.C. 20549– sell their shares to, and redeem their sales load, redemption fee, asset-based 0609. Applicants, 11 Greenway Plaza, shares from, the Investing Funds. distribution fee or service fee, or if the Suite 100, Houston, Texas 77046–1173. Investment of Cash Balances in shares of shares are subject to any such fee, AIM FOR FURTHER INFORMATION CONTACT: John the Money Market Funds will be made will waive its advisory fee for each K. Forst, Attorney-Advisor, at (202) only to the extent that such investments Investing Fund in an amount that offsets 942–0517, or Michael W. Mundt, are consistent with each Fund’s the amount of the fee incurred by the Branch Chief, at (202) 942–0564, investment restrictions and policies as Investing Fund. In connection with (Division of Investment Management, set forth in its prospectus and statement approving any advisory contract for an Office of Investment Company of additional information. Applicants Investing Fund, the Investing Fund’s Regulation). believe that the proposed transactions board of trustees or directors (the SUPPLEMENTARY INFORMATION: The may reduce transaction costs, create ‘‘Board’’), including a majority of the following is a summary of the more liquidity, increase returns, and trustees or directors who are not application. The complete application diversify holdings. ‘‘interested persons,’’ as defined in may be obtained for a fee at the SEC’s section 2(a)(19) of the Act Applicants’ Legal Analysis Public Reference Branch, 450 Fifth (‘‘Disinterested Directors’’), will Street, NW, Washington, DC 20549– 1. Section 12(d)(1)(A) of the Act consider to what extent, if any, the 0102 (tel. 202–942–8090). provides that no registered investment advisory fees charged to the Investing company may acquire securities of Fund by AIM should be reduced to Applicants’ Representations another investment company if such account for reduced services provided 1. Each of the Investment Companies securities represent more than 3% of the to the Investing Fund by AIM as a result is an open-end management investment acquired company’s outstanding voting of the investment of Uninvested Cash in company registered under the Act, stock, more than 5% of the acquiring the Money Market Funds. Applicants except for AIM Eastern Europe Fund company’s total assets, or if such represent that no Money Market Fund and G.T. Global Floating Rate Fund, securities, together with the securities of will acquire securities of any other Inc., which are registered under the Act other acquired investment companies, investment company in excess of the as closed-end management investment represent more than 10% of the limitations contained in section companies. The Investment Companies acquiring company’s total assets. 12(d)(1)(A). currently consist of over one hundred Section 12(d)(1)(B) of the Act provides 4. Section 17(a) of the Act makes it ten (110) series (the series and any that no registered open-end investment unlawful for any affiliated person of a Investment Companies that do not have company may sell its securities to registered investment company, acting series, together with any future such as principal, to sell or purchase any series or Investment Companies, the 1 All Funds that currently intend to rely on the security to or from the company. requested order are named as applicants. Any other ‘‘Funds’’), eleven of which hold existing or future Fund that may rely on the order Section 2(a)(3) of the Act defines an themselves out as money market funds in the future will do so only in accordance with the affiliated person to include any person and are subject to the requirements of terms and conditions of the application. directly or indirectly controlling,

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As a result, transaction, the SEC considers whether assets. For purposes of this limitation, section 17(a) would prohibit the sale of the investment company’s participation each Investing Fund will be treated as the shares of the Money Market Funds in the joint enterprise is consistent with a separate investment company. to the Investing Funds, and the the provisions, policies, and purposes of 4. Investment of Cash Balances in redemption of the shares by the Money the Act, and the extent to which the shares of the Money Market Funds will Market Funds. participation is on a basis different from be in accordance with each Investing 5. Section 17(b) of the Act authorizes or less advantageous than that of other Fund’s respective investment the SEC to exempt a transaction from participants. Applicants submit that the restrictions, if any, and will be section 17(a) if the terms of the Funds will participate in the proposed consistent with each Investing Fund’s proposed transaction, including the transactions on the same basis and will policies as set forth in its prospectuses consideration to be paid or received, are be indistinguishable from any other and statements of additional reasonable and fair and do not involve shareholder account maintained by the information. overreaching on the part of any person same class of the Money Market Funds 5. Each Investing Fund, each Money concerned, the proposed transaction is and that the transactions will be Market Fund, and any future fund that consistent with the policy of each consistent with the Act. may rely on the order shall be advised investment company concerned, and the or, provided AIM manages Cash Applicants’ Conditions proposed transaction is consistent with Balances, subadvised by AIM, or a the general purposes of the Act. Section Applicants agree that any order person controlling, controlled by, or 6(c) of the Act permits the SEC to granting the requested relief will be under common control with AIM. exempt persons or transactions from any subject to the following conditions: 6. No Money Market Fund whose provision of the Act if the exemption is 1. Shares of the Money Market Funds shares are acquired by an Investing necessary or appropriate in the public sold to and redeemed by the Investing Fund shall acquire securities of any interest and consistent with the Funds will not be subject to a sales load, investment company in excess of the protection of investors and the purposes redemption fee, distribution fee under a limits contained in section 12(d)(1)(A) fairly intended by the policy and plan adopted in accordance with rule of the Act. provisions of the Act. 12b–1 under the Act or service fee (as 7. Before a Fund may participate in 6. Applicants submit that their defined in rule 2830(b)(9) of the NASD’s the Securities Lending Program, a request for relief to permit the purchase Conduct Rules) or if such shares are majority of the Board, including a and redemption of shares of the Money subject to any such fee, AIM will waive majority of the Disinterested Directors, Market Funds by the Investing Funds its advisory fee for each Investing Fund will approve the Fund’s participation in satisfies the standards in sections 6(c) in an amount that offsets the amount of the Securities Lending Program. Such and 17(b). Applicants note that shares of such fee incurred by the Investing Fund. directors/trustees also will evaluate the the Money Market Funds will be 2. Prior to reliance on the order, an securities lending arrangement and its purchased and redeemed at their net Investing Fund will hold a meeting of results no less frequently than annually asset value, the same consideration paid the Board for the purpose of voting on and determine that any investment of and received for these shares by any the advisory contract under section 15 Cash Collateral in the Money Market other shareholder. Applicants state that of the Act. Before approving any Funds is in the best interest of the the Investing Funds will retain their advisory contract for an Investing Fund, shareholders of the Fund. ability to invest Cash Balances directly the Board, including a majority of the Disinterested Directors, taking into For the SEC, by the Division of Investment in money market instruments as Management, pursuant to delegated authorized by their respective account all relevant factors, shall authority. consider to what extent, if any, the investment objectives and policies if Margaret H. McFarland, advisory fees charged to the Investing they believe they can obtain a higher Deputy Secretary. rate of return, or for any other reason. Fund by AIM should be reduced to [FR Doc. 99–12815 Filed 5–20–99; 8:45 am] The Money Market Funds have the right account for reduced services provided to discontinue selling shares to any of to the Fund by AIM as a result of the BILLING CODE 8010±01±M the Investing Funds if the Money Uninvested Cash being invested in the Money Market Fund. In connection with Market Fund’s Board determines that SECURITIES AND EXCHANGE this consideration, AIM will provide the such sale would adversely affect its COMMISSION portfolio management and operations. Board with specific information 7. Section 17(d) of the Act and rule regarding the approximate cost to AIM [Rel. No. IC±23842; File No. 812±11450] 17d–1 under the Act prohibit an of, or portion of the advisory fee under affiliated person of an investment the existing advisory contract Anchor National Life Insurance company, acting as principal, from attributable to, managing the Company; et al.; Notice of Application participating in or effecting any Uninvested Cash of the Investing Fund May 14, 1999. transaction in connection with any joint that can be expected to be invested in AGENCY: Securities and Exchange enterprise or joint arrangement in which the Money Market Fund. The minute Commission (‘‘SEC’’ or ‘‘Commission’’). the investment company participates. books of the Investing Fund will record ACTION: Notice of Application for an Applicants state that the Funds, by fully the Board’s considerations in order pursuant to Section 26(b) and participating in the proposed approving the advisory contract, Section 17(b) of the Investment transactions, and AIM, by managing the including the consideration relating to Company Act of 1940 (‘‘1940 Act’’). proposed transactions, could be deemed fees referred to above.

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Summary of Application: Applicants request notification by writing to the 4. The Variable Accounts are seek an order approving the substitution Secretary of the Commission. segregated investment accounts of: (a) Shares of the Government and ADDRESSES: Secretary, Securities and registered under the 1940 Act as unit Quality Bond Portfolio (‘‘Government Exchange Commission, 450 Fifth Street, investment trusts. Each Variable and Quality Bond Portfolio’’) of the N.W., Washington, D.C. 20549–0609. Account is divided into divisions that Anchor Series Trust (the ‘‘Trust’’) for Applicants Anchor National, AN correspond to the portfolios of the Trust. shares of the Fixed Income Portfolio Account, First SunAmerica, FS Each Variable Account is used to fund (‘‘Fixed Income Portfolio’’) of the Trust; Account, and Trust c/o Robert M. certain variable annuity contracts issued and (b) shares of the Strategic Multi- Zakem, Esq., SunAmerica Asset by the corresponding Life Company. 5. The Trust is a series type open-end Asset Portfolio (‘‘Strategic Multi-Asset Management Corporation, The management investment company, Portfolio’’) of the Trust for shares of the SunAmerica Center, 733 Third Avenue, organized as a Massachusetts business Foreign Securities Portfolio (‘‘Foreign New York, New York 10017–3204; and trust on August 26, 1983. The Trust Securities Portfolio’’) of the Trust, each Applicant Presidential and Presidential consists of eleven series (‘‘Portfolios’’). held by Variable Annuity Account One Account, c/o Charles Snyder, Shares of the Portfolios are currently of Anchor National Life Insurance Presidential Life Insurance Company, 69 Company, Variable Annuity Account available to the public only through the Lydecker Street, Nyack, New York purchase of certain variable annuity One of First SunAmerica Life Insurance 10906. Copies to Joan E. Boros, Esq., Company and Presidential Variable contracts issued by the Life Companies. Jorden Burt Boros Cicchetti Berenson & SunAmerica Asset Management Account One, (collectively the ‘‘Variable Johnson, 1025 Thomas Jefferson Street, Accounts’’) as underlying investment Company (‘‘SAAMCo’’) acts as the N.W., East Lobby, Suite 400, Trust’s investment adviser. Wellington vehicles for certain variable annuity Washington, D.C. 20007. contracts (the ‘‘Contract’’) offered by the Management Company, LLP serves as Variable Accounts (the ‘‘Substitutions’’). FOR FURTHER INFORMATION CONTACT: sub-adviser for all the Portfolios of the Applicants also seek an order exempting Joyce Merrick Pickholz, Senior Counsel, Trust. SAAMCo is under common them from Section 17(a) of the 1940 Act or Kevin M. Kirchoff, Branch Chief, control with and therefore affiliated to the extent necessary: (a) To permit Office of Insurance Products, Division of with Anchor National and First certain in-kind transactions in Investment Management, at (202) 942– SunAmerica. SAAMCo is not affiliated connection with the Substitutions; and 0670. with Presidential. (b) as part of the Substitutions, to permit SUPPLEMENTARY INFORMATION: The 6. The Life Companies have decided divisions of the Variable Accounts following is a summary of the to discontinue offering divisions holding the same securities to be application. The complete application is investing in the Fixed Income Portfolio and the Foreign Securities Portfolio (the combined. available for a fee from the SEC’s Public ‘‘Replaced Portfolios’’) as investment Applicants: Anchor National Life Reference Branch, 450 Fifth Street N.W., options under the Contracts and Insurance Company (‘‘Anchor Washington, DC 20549–0102 [tel. (202) 942–8090] substitute shares of the Government and National’’), First SunAmerica Life Quality Bond Portfolio and the Strategic Insurance Company (‘‘First Applicants’ Representations Multi-Asset Portfolio (the ‘‘Substituted SunAmerica’’), Presidential Life Portfolios’’) because the Replaced 1. Anchor National is a stock life Insurance Company (‘‘Presidential’’ Portfolio have not retained sufficient insurance company organized under the together with Anchor National and First Contract owner interest and are insurance laws of the State of California SunAmerica, the ‘‘Life Companies’’), dwindling in size. Moreover, the small in April 1965 and redomesticated under Variable Annuity Account One of size of the Replaced Portfolio makes it the laws of the state of Arizona on Anchor National (‘‘AN Account’’), difficult to manage the assets so as to Variable Annuity Account One of First January 1, 1996. Anchor National is an maximize performance. SunAmerica (‘‘FS Account’’), indirect wholly-owned subsidiary of 7. The investment objective of the Presidential Variable Account One American International Group, Inc. Fixed Income Portfolio is to obtain a (‘‘Presidential Account’’), and Anchor (‘‘AIG’’). Anchor National is authorized high level of current income consistent Series Trust. to sell annuities and life insurance in with preservation of capital. The Filing Date: The Application was filed the District of Columbia and all states Government and Quality Bond Portfolio on January 5, 1999, and amended on except New York. seeks relatively high current income, April 30, 1999. 2. First SunAmerica is a stock life liquidity and security of principal. Both Hearing or Notification of Hearing: An insurance company organized under the Portfolios invest primarily in fixed order granting the application will be insurance laws of the state of New York income securities. The primary issued unless the Commission orders a on December 5, 1978. First SunAmerica differences are that the Government and hearing. Interested persons may request is a wholly-owned subsidiary of AIG. Quality Bond Portfolio invests a higher a hearing on the application by writing First SunAmerica is authorized to sell percentage of its assets in government to the Commission’s Secretary and annuities and life insurance business in securities as compared to the Fixed serving Applicants with a copy of the the states of New York, New Mexico, Income Portfolio; the Government and request, personally or by mail. Hearing and Nebraska. Quality Bond Portfolio has higher credit requests must be received by the 3. Presidential is a stock life insurance rating requirements for its non- Commission by 5:30 p.m., on June 8, company organized under the laws of government fixed income portfolio 1999, and must be accompanied by the state of New York in 1965. securities, and the Fixed Income proof of service on Applicants in the Presidential is a wholly-owned Portfolio may (but is not required to) form of an affidavit or, for lawyers, a subsidiary of Presidential Life invest up to 20% of its assets in certificate of service. Hearing requests Corporation, a publicly-owned holding convertible debt securities, warrants, should state the nature of the writer’s company. Presidential offers life non-investment grade debt securities interest, the reason for the request, and insurance and annuities and is admitted and dividend paying marketable the issues contested. Persons who to do business in forty-eight states and common stock. The Life Companies do which to be notified of a hearing may the District of Columbia. not believe that any of these differences

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.018 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27833 are significant, partly because Equity Sub-Portfolio, a Global Core of 1.4%, the Life Companies believe the notwithstanding its somewhat more Bond Sub-Portfolio, a Capital addition of assets resulting from the restrictive investment practices and Appreciation Sub-Portfolio and a Money substitutions may reduce the expense guidelines, the Government and Quality Market Sub-Portfolio. Although the ratio of the Strategic Multi-Asset Bond Portfolio generally has Strategic Multi-Asset Portfolio can Portfolio whereas the expense ratio of outperformed the Fixed income invest in a wider range of asset classes the Foreign Securities Portfolio has portfolio. than can the Foreign Securities risen from 1.2% to 1.5% of average net 8. The Foreign Securities Portfolio has Portfolio, the investment objectives of assets since 1994. as its investment objective long-term the two Portfolios are similar, and the 10. As of June 30, 1998, total net capital appreciation through investment Life Companies believe that the assets of the Government and Quality in a diversified portfolio of primarily Strategic Multi Asset Portfolio is an Bond Portfolio were $272.1 million; equity securities issued by foreign appropriate replacement for the Foreign $17.5 million for the Fixed Income companies and primarily denominated Securities Portfolio. in foreign currencies. The investment 9. The Government and Quality Bond Portfolios; $53.9 million for the objective of the Strategic Multi-Asset Portfolio has a lower expense ratio (.7%) Strategic Multi-Asset Portfolio and Portfolio is to achieve high long-term than the Fixed Income Portfolio (1.0%). $35.5 million for the Foreign Securities total investment return by actively While the Foreign Securities Portfolio Portfolio. allocating its assets among sub- and the Strategic Multi-Asset Portfolio 11. Total Returns for the Portfolios portfolios consisting of a Global Core currently have equivalent expense ratios were as follows:

[In percent]

1994 1995 1996 1997 1998

Fixed Income Portfolio ...... (3.2) 19.2 2.4 9.4 8.0 Government and Quality Bond Portfolio ...... (3.1) 19.4 2.9 9.5 9.2 Foreign Securities Portfolio ...... (3.2) 12.6 11.5 (1.0) 10.7 Strategic Multi-Asset Portfolio ...... (2.6) 22.8 14.8 14.3 15.2

12. The Life Companies have 14. Each Life Company, on behalf of The Life Companies will assume all determined that the Substituted its Variable Account, will transaction costs and expenses relating Portfolios are appropriate replacements simultaneously place a redemption to the Substitutiuon, including any for the Replaced Portfolios, because: (a) request with each Replaced Portfolio direct or indirect costs of liquidating the the Government and Quality Bond and a purchase order with the assets of the Replaced Portfolios, so that Portfolio has a similar investment corresponding Substituted Portfolio so the full net asset value of redeemed objective to the Fixed Income Portfolio, that each purchase will be for the exact shares of the Replaced Portfolios held invests in the same types of securities, amount of the redemption proceeds. As by the Variable Accounts will be i.e., fixed income securities, and has a result, at all times, monies attributable reflected in the Owners’ accumulation generally better performance and lower to Contract owners (‘‘Owners’’) then unit or annuity unit values following expenses; and (b) the Strategic Multi- invested in the Replaced Funds will the Substitution. Asset Portfolio has a similar investment remain fully invested and will result in 17. The Trust’s investment adviser objective to the Foreign Securities no change in the amount of any Owner’s and subadviser have been fully advised Portfolio, generally invests a significant contract value or investment in the of the terms of the Substitutions. portion of its assets in foreign securities, applicable Variable Account. Applicants anticipate that the has generally better performance, and 15. The Trust will effect the investment adviser and subadviser, to has a similar expense ratio, which may redemptions-in-kind and the transfers of the extent appropriate, will conduct the decline as a result of the additional portfolio securities in a manner that is trading of portfolio securities in a assets resulting from the Substitutions consistent with the investment manner that provides for the anticipated redemptions of shares held by the Accordingly, each Life Company objectives, policies and restrictions, and Variable Accounts. proposes substituting (a) shares of the federal tax law and 1940 Act diversification requirements applicable Government and Quality Bond Portfolio 18. As part of the Substitutions, each to the Substituted Portfolio. The Life for shares of the Fixed Income Portfolio; Life Company will combine the Companies each will take appropriate divisions invested in the Replaced and (b) shares of the Strategic Multi- steps to assure that the portfolio Portfolios with the divisions that Asset Portfolio for shares of the Foreign securities selected for redemptions-in- currently invest in the corresponding Securities Portfolio. kind are suitable investments for the Substituted Portfolios. 13. Each of the Life Companies will Substituted Portfolios. In effecting the 19. Each Life Company will redeem for cash or in kind all of the redemptions-in-kind and transfers, the supplement the prospectus for its shares of each Replaced Fund that it Trust will comply with the applicable Variable Account to reflect currently holds on behalf of its requirements of Rule 17a–7 under the the proposed Substitutions. Within five applicable Variable Account at the close 1940 Act to the extent possible and the days after the Substitutions, the Life of business on the date selected for the procedures established thereunder by Companies will send to their respective Substitutions. It is anticipated that the the Board of Trustees of the Trust. Owners written notice of the redemptions will be partly or wholly in- 16. The full net asset value of the Substitutions (the ‘‘Notice’’) identifying kind, and thus purchases of the redeemed shares held by the Variable the shares of the shares of the Replaced applicable Substitute Portfolios will be Accounts will be reflected in the Portfolios which have been eliminated paid for partly or wholly with portfolio Owners’ accumulation unit or annuity and the shares of the Substituted securities. unit values following the Substitution. Portfolios which have been substituted.

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Owners will already have received a Portfolio, invests a portion of its assets 5. Applicants state that the copy of the Trust’s current prospectus, in foreign equity securities, has Government and Quality Bond Portfolio which includes a description of the generally better performance, and has a has a lower expense ratio than the Fixed Substituted Portfolios. similar expense ratio, which may Income Portfolio. The expense ratio of 20. Owners will be advised in the decline as a result of the additional the Foreign Securities Portfolio has Notice that, for a period of thirty-one assets resulting from the Substitutions. risen from 1.2% to 1.5% of average net days from the mailing of the Notice, 3. Applicants represent that the assets since 1994. While the Foreign Owners may transfer all assets, as Substitution will not result in the type Securities Portfolio and the Strategic substituted, to any other available of costly forced redemption that Section Multi-Asset Portfolio currently have division without limitation or charge 26(b) was intended to guard against and equivalent expense ratios, the and without any such transfer counting is consistent with the protection of Applicants believe the addition of assets as one of the limited number of transfers investors and the purposes fairly resulting from the substitutions may permitted in a contract year free of intended by the 1940 Act for the reduce the expense ratio of the Strategic charge (the ‘‘Free Transfer Period’’). following reasons: Multi-Asset Portfolio. 6. Applicants submit that the Applicants’ Legal Analysis (a) the Substitute Portfolios will continue to fulfill the Owners’ objectives and risk investment performance of the 1. Section 26(b) of the 1940 Act expectations, because the Government and Substituted Portfolios are generally provides, in pertinent part, that it shall Quality Bond Portfolio has investment higher than the performance of the be unlawful for any depositor or trustee objectives, policies, and restrictions corresponding Replaced Portfolios. The of a registered unit investment trust substantially similar to the objectives, total returns of the Government and holding the security of a single issuer to policies and restrictions of the Fixed Income Quality Bond Portfolio have been substitute another security for such Portfolio and, of the Trust’s Portfolios, the slightly higher than those of the Fixed security unless the Commission shall Strategic Multi-Asset Portfolio has Income Portfolio, while the total returns investment objectives, policies and have approved such substitution. The of the Strategic Multi-Asset Portfolio purpose of Section 26(b) is both to restrictions most similar to those of the Foreign Securities Portfolio; generally have been significantly higher protect the expectation of investors in a (b) during the Free Transfer Period, an than the total returns of the Foreign unit investment trust that the unit Owner may request that assets be reallocated Securities Portfolio. investment trust will accumulate the to another division selected by the Owner, 7. Section 17(a)(1) of the 1940 Act shares of a particular issuer and to and Applicants represent that the Free prohibits any affiliated person of a prevent unscrutinized substitutions Transfer Period provides sufficient time for registered investment company, or an which might, in effect, force Owners to consider their reinvestment affiliated person of such affiliated shareholders dissatisfied with a options; person, from selling any security or substituted security to redeem their (c) the Substitution will, in all cases, be at other property to such registered shares, thereby incurring either a loss of the net asset value of the respective shares, without the imposition of any transfer or investment company. Section 17(a)(2) of the sales load deducted from initial similar charge; the 1940 Act prohibits any of the purchase payments, an additional sales (d) the Life Companies have undertaken to persons described above from load upon reinvestment of the assume the expenses, including, but not purchasing any security or other redemption proceeds, or both. Section limited to, legal and accounting fees and any property from such registered 26(b) affords this protection to investors brokerage commissions, in connection with investment company. Certain of the by preventing a depositor or trustee of the Substitutions and are effecting the Substitutions will be effected partly or a unit investment trust holding the redemption of shares in a manner that wholly in-kind. Moreover, after the shares of one issuer from substituting attributes all transaction costs to the Life Substitutions the Life Companies will for those shares the shares of another Companies; (e) the Substitutions will in no way alter combine their respective separate issuer, unless the Commission approves the contractual obligations of the Life account divisions invested in the that substitution. Companies; Replaced Portfolios with the divisions 2. Applicants represent that the (f) the Substitutions in no way will alter invested in the corresponding purposes, terms and conditions of the the tax benefits to Owners; and Substituted Portfolios. The combination Substitutions are consistent with the (g) the Substitutions are expected to confer may be deemed to involve the indirect principles and purposes of Section 26(b) certain economic benefits on Owners by purchase of shares of the Substituted and do not entail any of the abuses it is virtue of the enhanced asset size and lower Portfolios with portfolio securities of the designed to prevent. Applicants submit expenses, as stated above. corresponding Replaced Portfolios, and that the Substitutions are an appropriate Applicants consent to be bound by the indirect sale of securities of the solution to the insufficient size of the the terms and conditions listed Replaced Portfolios for shares of the Replaced Portfolios, which makes it immediately above in this paragraph. Substituted Portfolios. Thus each difficult to achieve consistent 4. Applicants represent that they have Portfolio would be acting as principal, investment performance and to reduce determined that it is in the best interests in the purchase and sale of securities to operating expenses. Applicants assert of Owners to effect the Substitutions. the other Portfolio, in contravention of that the Substitutions will solve these Applicants have determined that the Section 17(a). The Commission has problems in a manner that is in the investment objective and related taken the interpretive position that Owners’ best interests because: (a) the investments of the Government and divisions of a registered separate Government and Quality Bond has a Quality Bond Portfolio is substantially account are to be treated as separate similar investment objective to the similar to those of the Fixed Income investment companies in connection Fixed Income Portfolio, invests in the Portfolio, that the investment objectives with substitution transactions. The Life same types of securities, i.e., fixed and related investments of the Strategic Companies are arguably transferring income securities, and has generally Multi-Asset Portfolio, among all the unit values between their separate better performance and lower expenses; Portfolios, are most similar to those of account divisions. The transfer of unit and (b) the Strategic Multi-Asset the Foreign Securities Portfolio, and that values may involve purchase and sale Portfolio has a similar investment the proposed Substitutions are transactions between divisions that are objective to the Foreign Securities consistent with Commission precedent. affiliated persons. The sale and

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.020 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27835 purchase transactions between divisions similar to the investment objectives of Company’s Security on the NYSE may come within the scope of Sections the Replaced Portfolios that, in this commenced at the opening of business 17(a)(1) and 17(a)(2) of the 1940 Act, regard, the Substitutions are consistent on May 7, 1999. respectively. Therefore, the combination with Commission precedent pursuant to The Company has complied with Rule of divisions may require an exemption Section 17 of the 1940 Act. Also, the 18 of the Amex by filing with the from Section 17(a) of the 1940 Act, Substitutions are consistent with the Exchange a certified copy of preambles pursuant to Section 17(b). general purposes of the 1940 Act, as and resolutions adopted by the 8. Section 17(b) of the 1940 Act enunciated in the Findings and provides that the Commission may grant Declaration of Policy in Section I of the Company’s Board of Directors an order exempting transactions 1940 Act. The proposed transactions do authorizing the withdrawal of its prohibited by Section 17(a) upon not present any of the issues or abuses Security from listing on the Amex and application if evidence establishes that: that the 1940 Act is designed to prevent. by setting forth in detail to the Exchange (1) the terms of the proposed Moreover, the proposed transactions the reasons for the proposed transaction, including the consideration will be effected in a manner consistent withdrawal, and the facts in support to be paid or received, are reasonable with the public interest and the thereof. In making the decision to and fair and do not involve over- protection of investors. Owners will be withdraw its Security from listing on reaching on the part of any person fully informed of the terms of the the Amex, the Company considered, concerned; (b) the proposed transaction substitutions through prospectus among other things, the direct and is consistent with the investment policy supplements and the Notice, and will indirect costs and the division of the of each registered investment company have an opportunity to reallocate market which might result from listing concerned, as recited in its registration investments prior to and following the the Security simultaneously on the statement and reports filed under the Substitutions. Amex and the NYSE. The Amex has 1940 Act; and (c) the proposed informed the Company that it has no transaction is consistent with the Conclusion objection to the withdrawal of the general purposes of the 1940 Act. Applicants submit that, for the Company’s Security from listing on the Applicants represent that the terms of reasons summarized above, their Exchange. the proposed transactions, as described requests meet the standards set out in in the Application are: reasonable and Sections 17(b) and 26(b) of the 1940 Act. The Company’s application relates fair, including the consideration to be solely to the withdrawal from listing of paid and received; do not involve over- For the Commission, by the Division of the Company’s Security from the Amex Investment Management, pursuant to reaching; are consistent with the delegated authority. and shall have no effect upon the policies of the Portfolios; and are Margaret H. McFarland, continued listing of the Security on the consistent with the general purposes of NYSE. By reason of Section 12(b) of the Deputy Secretary. the 1940 Act. Act and the rules and regulations of the [FR Doc. 99–12816 Filed 5–20–99; 8:45 am] 9. Applicants represent that, for all Commission thereunder, the Company the reasons stated above with regard to BILLING CODE 8010±01±M shall continue to be obligated to file Section 26(b) of the 1940 Act, the reports under Section 13 of the Act with Substitutions are reasonable and fair the Commission and the NYSE. and do not involve overreaching on the SECURITIES AND EXCHANGE part of any person. Applicants expect COMMISSION Any interested person may, on or that existing and future Owners will [File No. 1±11667] before June 4, 1999, submit by letter to benefit from the consolidation of assets the Secretary of the Securities and in the Substituted Portfolios. Applicants Issuer Delisting; Notice of Application Exchange Commission, 450 Fifth Street, state that the transactions effecting the To Withdraw From Listing and N.W., Washington, D.C. 20549–0609, Substitutions will be effected in Registration; (Armor Holdings, Inc., facts bearing upon whether the conformity with Section 22(c) of the Common Stock, $.01 Par Value) application has been made in 1940 Act and Rule 22c–1 thereunder. accordance with the rules of the May 14, 1999. Moreover, Applicants state that the Exchange and what terms, if any, should partial redemptions-in-kind of portfolio Armor Holdings, Inc. (‘‘Company’’) be imposed by the Commission for the has filed an application with the securities of certain of the Replaced protection of investors. The Securities and Exchange Commission Portfolios will be effected in conformity Commission, based on the information (‘‘Commission’’), pursuant to Section with Rule 17a–7 under the 1940 Act to submitted to it, will issue an order the extent possible. Applicants submit 12(d) of the Securities Exchange Act of granting the application after the date that Owners’ interests after the 1934 (‘‘Act’’) and Rule 12d2–2(d) mentioned above, unless the Substitution, in practical economic promulgated thereunder, to withdraw terms, will not differ in any measurable the above specified security (‘‘Security’’) Commission determines to order a way from such interests immediately from listing and registration on the hearing on the matter. prior to the Substitution. In each case, American Stock Exchange LLC (‘‘Amex’’ For the Commission, by the Division of Applicants assert that the consideration or ‘‘Exchange’’). Market Regulation, pursuant to delegated to be received and paid is, therefore, The reasons cited in the application authority. reasonable and fair. Applicants each for withdrawing the Security from Jonathan G. Katz, believe, based on their review of listing and registration include the Secretary. existing federal income tax laws and following: [FR Doc. 99–12814 Filed 5–20–99; 8:45 am] regulations and advice of counsel, that The Security of the Company has the Substitutions will not give rise to been listed for trading on the Amex and, BILLING CODE 8010±01±M any taxable income for Owners. pursuant to a Registration Statement on 10. Applicants submit that the Form 8–A which became effective on investment objectives of each of the May 6, 1999, on the New York Stock Substituted Portfolios are sufficiently Exchange, Inc. (‘‘NYSE’’). Trading of the

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SECURITIES AND EXCHANGE the Secretary of the Securities and filed or as amended, may be granted COMMISSION Exchange Commission, 450 Fifth Street, and/or permitted to become effective. N.W., Washington, D.C. 20549–0609, [File No. 1±12242] Interstate Energy Corporation, et al. facts bearing upon whether the (70–9323) Issuer Delisting; Notice of Application application has been made in To Withdraw From Listing and accordance with the rules of the Interstate Energy Corporation (‘‘IEC’’), Registration; (CareMatrix Corporation, Exchange and what terms, if any, should a registered public utility holding Common Stock, $.05 Par Value Per be imposed by the Commission for the company, Alliant Energy Resources, Inc. Share) protection of investors. The (‘‘Alliant’’), a wholly owned subsidiary Commission, based on the information of IEC, and Heartland Properties, Inc. May 14, 1999. submitted to it, will issue an order (‘‘HPI’’), a wholly owned subsidiary of CareMatrix Corporation (‘‘Company’’) granting the application after the date Alliant (collectively, ‘‘Applicants’’), has filed an application with the mentioned above, unless the located at 222 West Washington Securities and Exchange Commission Commission determines to order a Avenue, Madison, Wisconsin, 53703, (‘‘Commission’’), pursuant to Section hearing on the matter. have filed an application under section 12(d) of the Securities Exchange Act of 9(c)(3) of the Act. For the Commission, by the Division of 1934 (‘‘Act’’) and Rule 12d2–2(d) Market Regulation, pursuant to delegated By order dated April 14, 1998 1 promulgated thereunder, to withdraw authority. (‘‘Merger Order’’) the Commission the security specified above (‘‘Security’’) Jonathan G. Katz, authorized IES Industries, Inc., IES from listing and registration on the Utilities, Inc., and Interstate Power Secretary. American Stock Exchange LLC (‘‘Amex’’ Company to become subsidiaries of or ‘‘Exchange’’). [FR Doc. 99–12813 Filed 5–20–99; 8:45 am] WPL Holdings, Inc. (‘‘WPLH’’). Upon The reasons cited in the application BILLING CODE 8010±01±M consummation of the merger, WPLH for withdrawing the Security from was renamed IEC and IEC was required listing and registration on the Amex to register with the Commission under SECURITIES AND EXCHANGE include the following: section 5 of the Act. COMMISSION The Security of the Company has The Merger Order authorized, among been listed for trading on the Amex and, other things, IEC to retain WPLH’s pursuant to a Registration Statement on [Release No. 35±27025] housing interests. WPLH indirectly Form 8–A which became effective on owned HPI; a subsidiary company, April 23, 1999, has been designated for Filings Under the Public Utility Holding established to pursue community quotation on the Nasdaq Stock Market Company Act of 1935, as Amended development and to qualify for Low (‘‘Nasdaq’’). The Security commenced (``Act'') Income Housing Tax Credits (‘‘LIHTC’’) trading on the Nasdaq at the opening of May 14, 1999. under section 42 of the U.S. Internal business on April 23, 1999. Revenue Code (‘‘Code’’).2 Through The Company has compiled with the Notice is hereby given that the following filing(s) has/have been made direct and indirect subsidiaries, HPI rules of the Amex by filing the Exchange engaged in the development, ownership a certified copy of the resolutions with the Commission pursuant to provisions of the Act and rules and sale of affordable multi-family adopted by the Company’s Board of housing properties, and provided asset Directors authorizing the withdrawal of promulgated under the Act. All interested persons are referred to the management services in connection its Security from listing on the Amex with those properties. The Commission and by setting forth in detail to the applications(s) and/or declaration(s) for complete statements of the proposed permitted retention of WPLH’s LIHTC Exchange the reasons for the proposed properties, reasoning that they were withdrawal, and the facts in support transactions(s) summarized below. The application(s) and/or declarations(s) and acquired for tax purposes by an exempt thereof. In making the decision to holding company, the interests were withdraw its Security from listing on any amendments is/are available for public inspection through the limited and passive, and by nature, tax the Amex, the Company considered, credits are self-liquidating. The among other things, the direct and Commission’s Branch of Public Reference. Commission further found that indirect costs of operating in dual ownership of WPLH’s LIHTC properties Interested persons wishing to markets and the associated concerns by IEC did not appear to involve any comment or request a hearing on the resulting from a fractured trading potential detriments to investors or applications(s) and/or declaration(s) market for its Security. The Amex has consumers nor would any demonstrable should submit their views in writing by informed the Company that it has no benefit be achieved by requiring June 8, 1999, to the Secretary, Securities objection to the withdrawal of the divestiture of a business that was and Exchange Commission, Company’s Security from listing on the already winding down. Washington, DC 20549–0609, and serve Exchange. Applicants now seek authorization to a copy on the relevant applicant(s) and/ The Company’s application relates invest up to $50 million from time to or declarant(s) at the address(es) solely to the withdrawal from listing of time for a period of five years to acquire specified below. Proof of service (by the Company’s Security on the Amex additional LIHTC properties in the IEC affidavit or, in case of an attorney at and shall have no effect upon the service territory.3 law, by certificate) should be filed with continued listing of the Security on the LIHTC are available in the form of the request. Any request for hearing Nasdaq. By reason of Section 12(g) of equal annual tax credits over a ten-year should identify specifically the issues of the Act and the rules and regulations of term payable over eleven years, with the facts or law that are disputed. A person the Commission thereunder, the first and last years prorated. Under Company shall continue to be obligated who so requests will be notified of any to file reports under Section 13 of the hearing, if ordered. and will receive a 1 Holding Company Act Release No. 26856. Act with the Commission. copy of any notice or order issued in the 2 26 U.S.C. sec. 42. Any interested person may, on or matter. After June 8, 1999, the 3 IEC’s service territory includes areas of Iowa, before June 4, 1999, submit by letter to application(s) and/or declaration(s), as Minnesota, Illinois, and Wisconsin.

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It is stated that Agreement and Plan of Merger dated as Additionally, section 42 of the Code rural communities in the IEC service of April 29, 1998 (‘‘Merger Agreement’’), requires that the Agreement prohibit territory could support new among Sierra Pacific, Nevada Power, any increase in gross rent for a period construction of LIHTC properties and two Nevada wholly owned special ending on the latter of (a) the date averaging 40 units with a total purpose subsidiary corporations of specified by the agency in the development cost ranging from $2 Sierra Pacific, Desert Merger Sub, Inc. Agreement or (b) fifteen years after the million to $4 million. Half of the total (‘‘Desert Merger Sub’’), and Lake Merger date when the building is placed in development cost would be supported Sub, Inc. (‘‘Lake Merger Sub’’). First, service. Housing credit agencies in IEC’s by community grants, long-term debt in Lake Merger Sub will be merged into service territory, may, in their the form of permanent mortgages, or Sierra Pacific, with Sierra Pacific as the agreement with LIHTC property owners, other debt financing. The balance of the surviving corporation.8 Then, Nevada prohibit any increase in gross rents on development cost would be funded by Power will be merged into Desert LIHTC property for up to thirty years.4 equity, which would range from Merger Sub, with Desert Merger Sub as Through its subsidiaries, IEC will approximately $1 million to $2 million the surviving corporation, after which continue to own LIHTC properties and per development. Applicants state that Desert Merger Sub will change its name will continue to provide investment IEC’s predominately rural service to Nevada Power Company. The management services in connection territory would benefit from these purpose of this two-step process is to with those properties. HPI will continue investments and there will be a allow Nevada Power to become a first- the oversight of the low-income corresponding increase in the demand tier subsidiary of Sierra Pacific without properties (previously performed by for utility services. Further, obtaining generating any adverse tax Heartland Asset Management prior to its tax credits would enable IEC to manage consequences for any of the parties. dissolution on December 31, 1998) and lower its income tax expense. consistent with the role of a passive Applicants state that limited Under the Merger Agreement, each investor. HPI will focus its investment partnership agreements (‘‘Partnership share of pre-merger Sierra Pacific and management role on maintaining Agreements’’) for prospective Nevada Power common stock will be financial statistics for each property, investments have not been negotiated or converted into the right to receive cash ensuring compliance with LIHTC executed, but, are typically negotiated or post-merger Sierra Pacific common restrictions and conducting on-site with the third-party developer in the stock (‘‘SP Common Stock’’). Each inspections to review management 30–60 days immediately preceding the owner of Sierra Pacific common stock operations. Applicants state that HPI time of the investment. Applicants prior to the first merger will be entitled would not serve as the developer of the represent that they would not be the to receive either 1.44 shares of SP properties, but would be a passive general partner in the Partnership Common Stock or $37.55 in cash in investor with due diligence oversight. Agreements, but would only be a exchange for each share of Sierra Pacific Applicants state that acquisition of limited partner.7 common stock it owns. Each owner of new LIHTC properties would be Nevada Power common stock prior to accomplished through the acquisition of Sierra Pacific Resources, et al. (70–451) the second merger will be entitled to limited partnership units in limited Sierra Pacific Resources (‘‘Sierra receive either one share of SP Common partnerships that are organized Pacific’’), 6100 Neil Road, Reno, Nevada Stock or $26.00 in cash in exchange for specifically to invest in low-income, 89511, a Nevada public utility holding each share of Nevada Power common multi-family housing projects company exempt from registration stock it owns. The cash consideration throughout the IEC service area under section 3(a)(1) of the Act from all for Sierra Pacific common stock and (‘‘Acquisition Procedure’’) 5 The limited provisions of the Act except section Nevada Power common stock represents partnerships are designed to ensure that 9(a)(2), and Nevada Power Company a five percent premium per share, the properties qualify for LIHTC and (‘‘Nevada Power’’), 6226 West Sahara respectively, based on the ten-day remain in compliance under section 42 Avenue, Las Vegas, Nevada 89146, an average share price of each company’s of the Code. Separate limited electric utility company (together, common stock prior to the boards of partnerships would be established for ‘‘Applicants’’), have filed an application directors of Sierra Pacific and Nevada each qualifying housing development under sections 9(a)(2) and 10 of the Act. Power approval of the Merger thereby insulating each investment Sierra Pacific proposes to merge with Agreement on April 29, 1998. property from any liabilities that may Nevada Power, with Nevada Power to The Merger Agreement provides for occur in the development of the other become a wholly owned subsidiary of special treatment of shareholders of less properties and facilitating compliance Sierra Pacific (‘‘Transaction’’). The than 100 shares. Applicants state that with section 42 of the Code. Prior to Applicants request an order under Sierra Pacific will finance the investment, each property would be section 3(a)(1) of the Act granting Sierra approximately $460 million necessary approved by the Heartland Investment Pacific an exemption from all provisions to fund the cash consideration provided Committee. Applicants have identified for under the Merger Agreement. The 6 No other specific properties have been 4 Applicants state that given the requirements of identified for future investment because it is exact sources and precise methods of section 42 of the Code and the limitations imposed unknown which properties would be awarded tax by state housing credit agencies on LIHTC credits through the annual competitive tax credit 8 This step is necessary because, as discussed properties, they may need to maintain investment allocation process. below, each share of pre-merger Sierra Pacific interest in each LIHTC property for a period of up 7 The general partner would manage the day-to- common stock may be exchanged for $37.55 in cash to thirty years. day operations of each property including leasing or 1.44 shares of Sierra Pacific common stock. The 5 The Commission authorized the Acquisition activities, rent collection and property exchange of pre-merger stock for cash or stock Procedure in the Merger Order. maintenance. occurs as a result and at the time of this first merger.

VerDate 06-MAY-99 18:40 May 20, 1999 Jkt 183247 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 27838 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices financing this amount have yet to be Nevada and California. SPEC is For the year ended December 31, determined. developing a customer information 1997, Nevada Power’s utility operating The boards of directors of Sierra system for the energy industry, and revenues on a consolidated basis were Pacific and Nevada Power approved the provides certain products and services approximately $799 million. Transaction on April 29, 1998. A in Nevada through a partnership. Consolidated assets of Nevada Power majority of both the Sierra Pacific and For the year ended December 13 1997, and its subsidiaries at December 31, Nevada Power common shareholders Sierra Pacific’s operating revenues on a 1997, were approximately $2.3 billion, approved the Transaction at separate consolidated basis were approximately of which approximately $1.7 billion meetings held on October 9, 1998. $663 million, of which approximately consisted of net electric plant and Sierra Pacific owns all of the common $52 million were attributable to equipment. stock of Sierra Pacific Power Company nonutility activities. Consolidated assets Applicants state that the Transaction (‘‘SPPC’’), an electric and gas utility of Sierra Pacific and its subsidiaries at is expected to provide efficiencies and subsidiary company incorporated in December 31, 1997, were approximately economies which will benefit the Nevada. SPPC provides electric service $1.9 billion, of which approximately public, investors and consumers. to approximately 287,000 retail $1.4 billion consisted of net utility plant Among other things, Applicants state customers in northern Nevada and and equipment. northern California. SPPC also sells Nevada Power is a public utility that, following the Transaction, the electric power at wholesale. In addition, company incorporated in Nevada, that combined company will have the ability SPPC distributes natural gas at retail to provides retail electric service to more to compete more effectively in approximately 101,000 customers in the than 1.3 million customers unregulated markets and serve Reno/Sparks area of northwestern predominately in Clark County, Nevada, customers more cost-effectively in Nevada. For the year ended December with limited service provided to the regulated markets. Applicants also note 31, 1997. SPPC’s electric and gas Federal Department of Energy in Nye that they will be better positioned to operating revenues totaled $611 million, County, Nevada. Both Clark County and take advantage of operating economies comprised of $540.3 million in electric Nye County are located in southern and efficiencies through, among other business and $70.7 million in natural Nevada. Nevada Power also sells measures, joint development and gas business. electric power at wholesale.9 marketing of competitive new products SPPC is subject to the retail Nevada Power is subject to the retail and services, provision of integrated ratemaking jurisdiction of the Nevada ratemaking jurisdiction of the Nevada energy solutions for wholesale and retail Public Utilities Commission (‘‘Nevada PUC for retail sales of electricity as well customers, joint management and PUC’’) with respect to its rates for retails as terms of service, issuance of certain optimization of their respective sales of electricity and gas, and to the securities, siting of and necessity for corporate functions, programs, retail California Public Utilities Commission generation and certain transmission services, customer support functions, (‘‘CPUC’’) with respect to its rates for facilities, and accounting and other and inventories and purchasing retail sales of electricity. Nevada Power matters. Nevada Power is also subject to economies. is also subject to the jurisdiction of the regulation by FERC under the Federal Applicants have requested an order Nevada PUC and the CPUC with respect Power Act with respect to wholesale under section 3(a)(1) granting Sierra to its terms of service, issuance of electricity sales, the terms and Pacific, after consummation of the certain securities, siting of and necessity conditions for providing interstate Transaction, an exemption from all for generation and certain transmission electric transmission service, and other sections of the Act except section facilities, accounting and other matters. matters. Nevada Power is also subject to 9(a)(2). In support of the request, In addition, SPPC is subject to applicable federal and state Applicants contend that, after the regulation by the Federal Energy environmental regulations. Nevada Transaction, Sierra Pacific will remain Regulatory Commission (‘‘FERC’’) under Power is engaged in nonutility predominately an intrastate (i.e., the Federal Power Act with respect to businesses through subsidiaries that do Nevada) holding company that will not wholesale electricity sales, the terms not generate any material revenue.10 derive any material part of its income and conditions for providing interstate from non-Nevada public utility electric transmission service, and other 9 Nevada Power currently has a total generating operations. matters. SPPC is also subject to capacity of 1,964 MW of power. Applicants have committed to the Nevada PUC that upon applicable federal and state consummation of the Transaction they will divest opportunities for district heating and cooling within environmental regulations. their generation assets. Applicants state that they Nevada. Aladdin will construct, own and operate Sierra Pacific is engaged in nonutility expect to complete the divestiture in the year 2000 district heating and cooling facilities at the Aladdin business through the following after they receive all of the necessary regulatory casino complex, currently under construction, e- subsidiaries: Tuscarora Gas Pipeline approvals, including FERC approval of rate three CES is a joint venture fifty percent owned by schedules for the sale of power by the new owners NEICO, with e-three, a wholly owned subsidiary of Company (‘‘Tuscarora’’); Sierra Energy of the divested generation units. Sierra Pacific, owning the other fifty percent, e- company d/b/a e-three (‘‘e-three’’); 10 These subsidiaries include: Commonsite, Inc, three CES was formed to enter into performance Lands of Sierra, Inc. (‘‘LOS’’); and Sierra NVP Capital I and II, Nevada Electric Investment contracts and similar energy-related services in Pacific Energy Company (‘‘SPEC’’). Company (‘‘NEICO’’), Northwind Las Vegas L.L.C. southern Nevada. Genwal Coal Co., formerly (‘‘LV’’), Northwind Aladdin, LLC (‘‘Aladdin’’), e- involved in coal mining activities, whose assets Tuscarora was formed to enter into a three CES, Genwal Coal Co., and Castle Valley were sold on January 1, 1995, and Castle Valley partnership with a subsidiary of Resources, Inc. Commonsite Inc. is a Nevada Resources, Inc., which was the sales arm of Genwal TransCanada, a nonaffiliated Canadian corporation which owns real estate occupied by Coal Co., are both inactive. natural gas transportation company, to Reid Gardner 4. a coal fired plant owned jointly by Nevada Power also owns the following limited Nevada Power and the California Department of liability company subsidiaries which Nevada power develop, construct and operate a natural Water Resources. NVP Capital I and II are Delaware states have not yet engaged in any business gas pipeline to serve Reno, northern corporations that issue Quarterly Income Preferred activities: Alkan Mining Company, a Nevada Nevada and northeastern California. e- Securities. NEICO is a subsidiary that has corporation wholly owned by NEICO; Nevada three provides energy related products conducted energy-related activities. LV and Power Services, LLC; Nevada Power Choices, LLC; Aladdin are joint ventures fifty percent and twenty- Nevada Power Solutions, LLC; Las Vegas Energy and services both inside and outside five percent owned, respectively, by NEICO with LLC; Nevada Solutions, LLC, Power Choice, LLC; SPPC’s service territory. LOS develops UTT Nevada, Inc., a nonaffiliate, owning the Nevada Power Energy Services, LLC; and Nevada and manages nonutility property in remaining percentages. LV now develops Choices, LLC.

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For the Commission by the Division of eligible securities that may be traded by unlisted trading privileges to a Investment Management, under delegated the CHX pursuant to the Plan from 500 maximum of twenty five securities. authority. to 1000. These limitations, to required the NASD Margaret H. McFarland, and the exchanges to enter into a plan II. Background Deputy Secretary. for consolidated transaction and [FR Doc. 99–12932 Filed 5–20–99; 8:45 am] The Commission originally approved quotation dissemination of the UTP 3 BILLING CODE 8010±01±M the Plan on June 26, 1990. The Plan securities.6 In 1986, the Midwest Stock governs the collection, consolidation Exchange (now the CHX) entered into and dissemination of quotation and an interim plan which subsequently was SECURITIES AND EXCHANGE transaction information for Nasdaq/NM superseded by the Plan, which is COMMISSION securities listed on an exchange or currently operating on a pilot basis. In traded on an exchange pursuant to [Release No. 34±41392; File No. S7±24±89] 1990, the Commission expanded the unlisted trading privileges.4 The maximum number of eligible securities Joint Industry Plan; Solicitation of Commission originally approved trading to 100,7 and in 1995, the Commission Comments and Approval of Request pursuant to the Plan on a one-year pilot approved a request by the CHX8 to To Increase the Number of Securities basis, with the pilot period to further increase the number to 500.9 Eligible for Trading Pursuant to the commence when transaction reporting Accordingly, CHX today trades up to Reporting Plan for Nasdaq/'National pursuant to the Plan commenced. 500 Nasdaq/NM securities pursuant to Market Securities Traded on an Accordingly, the pilot period unlisted trading privileges. Exchange on an Unlisted or Listed commenced on July 12, 1993. The Plan The CHX would now like to raise the Basis, Submitted by the Chicago Stock has been in operation on a pilot basis number of UTP-eligible securities from 5 Exchange, Inc. since that time. 500 to 1000. In commenting on the III. Discussion Commission’s July 1998 Extension May 12, 1999. Order, the CHX asked the Commission Prior to 1985, the Commission to expand the number of Nasdaq stocks I. Introduction generally did not permit exchanges to On November 6, 1998, the Chicago eligible for unlisted trading from 500 to extend unlisted trading privileges to 10 Stock Exchange, Inc. (‘‘CHX’’), non-exchange listed securities such as 1000 issues. In support of the submitted to the Securities and Nasdaq/NM securities. However, in proposal, the CHX cited to the Exchange Commission (‘‘Commission’’ 1985, the Commission began to permit Commission’s approval of the previous or ‘‘SEC’’) a request to increase the exchanges, on a temporary basis and increase. Further, the Exchange believes number of Nasdaq National Market subject to certain limitations, to extend that investors directly benefit from the (‘‘Nasdaq/NM’’) securities eligible for proposal because the CHX is the only trading 1 pursuant to the Joint 3 See Securities Exchange Act Release No. 28146 auction-based market for Nasdaq Transaction Reporting Plan for the (June 26, 1990), 55 FR 27917 (July 6, 1990) (‘‘1990 securities. In the December 1998 Approval Order’’). See also 1994 Extension Order, Extension Order, the Commission National Market Securities Traded on an infra note 5 (providing a detailed discussion of the Exchange on an Unlisted or Listed Basis solicited comment regarding the CHX’s history of unlisted trading privileges in OTC 11 (‘‘Plan’’).2 The Commission is approving securities, and the events that led to the plan and request. the request to expand the number of pilot program). The Commission received two 4 See Section 12(f) of the Act. See also December comment letters addressing the CHX’s 1998 Extension Order, infra note 5, for a more in 1 proposal, as well as two letters from the Section 12(f) of the Securities Exchange Act of depth description of the Plan. 1934 (‘‘Act’’) describes the circumstances under CHX responding to the NASD’s letter.12 5 See Stock Exchange Act Release No. 34371 (July which an exchange may trade a security that is not 13, 1994), 59 FR 37103 (July 20, 1994) (‘‘1994 listed on the exchange, i.e., by extending unlisted Extension Order’’), Securities Exchange Act Release 6 See Securities Exchange Act Release No. 22412 trading privileges (‘‘UTP’’) to the security. See 15 No. 35221 (January 11, 1995), 60 FR 3886 (January (September 16, 1985), 50 FR 38640. U.S.C. 781(f). Section 12(f) required exchanges to 19, 1995); Securities Exchange Act Release No. 7See 1990 Approval Order, supra note 3. apply to the Commission before extending UTP to 36102 (August 14, 1995), 60 FR 43626 (August 22, 8 any security. In order to approve an exchange UTP See letter from George T. Simon, Foley and 1995); Securities Exchange Act Release No. 36226 application for a registered security not listed on Lardner, to Katherine England, Assistant Director, (September 13, 1995), 60 FR 49029 (September 21, any exchange (‘‘OTC/UTP’’), Section 12(f) required Commission, dated January 9, 1995. 1995); Securities Exchange Act Release No. 36368 9See Release No. 34-36102, Supra note 5. the Commission to determine that various criteria (October 13, 1995) 60 FR 54091 (October 19, 1995); 10 See letter from George T. Simon, Foley and had been met concerning fair and orderly markets, Securities Exchange Act Release No. 36481 Lardner, to Robert Colby, Commission, dated the protection of investors, and certain national (November 13, 1995), 60 FR 58119 (November 24, November 6, 1998. In response to a request by the market initiatives. Section 12(f) was amended on 1995); Securities Exchange Act Release No. 36589 Commission for additional information, the CHX October 22, 1994; the amendment removed the (December 13, 1995), 60 FR 65696 (December 20, submitted a second letter regarding its proposal. See application requirement. OTC/UTP is now allowed 1995); Securities Exchange Act Release No. 36650 letter from Patricia L. Levy, CHX, to Mariane H. only pursuant to a Commission order or rule, which (December 28, 1995), 61 FR 358 (January 4, 1996); Duffy, SEC, dated January 27, 1999. In this letter, is to be issued or promulgated under essentially the Securities Exchange Act Release No. 36934 (March the CHX represented that 485 Nasdaq stocks are same standards that previously applied to 6, 1996), 61 FR 10408 (March 13, 1996); Securities currently assigned to its specialists and due to the Commission review of UTP applications. The Exchange Act Release No. 36985 (March 18, 1996), 500 issue limit, it had to drop 18 Nasdaq stocks. present order fulfills these Section 12(f) 61 FR 12122 (March 25, 1996); Securities Exchange requirements. Act Release No. 37689 (September 16, 1996), 61 FR Additionally, the Exchange represented its capacity 2 The signatories to the Plan, i.e., the National 50058 (September 24, 1996); Securities Exchange to handle the increase to 1000 issues and, further Association of Securities Dealers, Inc. (‘‘NASD’’), Act Release No. 37772 (October 1, 1996), 61 FR noted that despite a recent increase in volume, the CHX (previously, the Midwest Stock Exchange, 52980 (October 9, 1996); Securities Exchange Act excess capacity remains. The CHX also represented Inc.), the Philadelphia Stock Exchange, Inc. Release No. 38457 (March 31, 1997), 62 FR 16880 that it is in the process of expanding its capacity. (‘‘Phlx’’), and the Boston Stock Exchange, Inc. (April 8, 1997); Securities Exchange Act Release No. Id. (‘‘BSE’’), are the ‘‘Participants.’’ The BSE, however, 38794 (June 30, 1997), 62 FR 36586 (July 8, 1997); 11 See December 1998 Extension Order, supra joined the Plan as a ‘‘Limited Participant,’’ and Securities Exchange Act Release No. 39505 note 5. reports quotation information and transaction (December 31, 1997), 63 FR 1515 (January 9, 1998); 12 See letter from Robert E. Aber, Senior Vice reports only in Nasdaq/National Market (previously Securities Exchange Act Release No. 40151 (July 1, President and General Counsel, NASD, to Jonthan referred to as ‘‘Nasdaq/NMS’’) securities listed on 1998), 63 FR 36979 (July 8, 1998) (‘‘July 1998 G. Katz, Secretary, Commission, dated February 12, the BSE. Originally, the American Stock Exchange, Extension Order’’); and Securities Exchange Act 1999 (‘‘NASD Letter’’); letter from Gene L. Finn, Inc., was a Participant to the Plan, but did not trade Release No. 40896 (December 31, 1998), 64 FR 1834 Finn Associates, to Jonathan G. Katz, Secretary, securities pursuant to the Plan, and withdrew from (January 12, 1999) (‘‘December 1998 Extension Commission, dated February 11, 1999; letter from participation in the Plan in August 1994. Order’’). Continued

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The NASD states that it opposes the ITS/CAES, autoquote, and the goals of provisions of 5 U.S.C. 552, will be expansion to 1000 securities. First, the unlisted trading privileges. The CHX available for inspection and copying at NASD notes that over-the counter further noted that the Commission the Commission’s Public Reference market makers are not able to trade the approved the previous expansion from Room. All submissions should refer to most actively traded exchange listed 100 to 500 securities, notwithstanding File No. S7–24–89 and should be securities and argues that it is still similar comments from the NASD submitted by June 11, 1999. trying to obtain access to trading of non- regarding ITS/CAES at that time. The 19c–3 securities through the Intermarket CHX also challenged the validity of the V. Conclusion Trading System/Computer Assisted NASD’s capacity concerns resulting The Commission finds that it is Execution System (‘‘ITS/CAES’’) from the CHX member’s use of consistent with Section 11A of the Act linkage.13 Second, the NASD raised autoquote. to increase the number of UTP-eligible concerns regarding autoquoting.14 The The Commission does not find the Nasdaq/NM securities that the CHX may NASD argues that the proposal could NASD’s arguments determinative and trade from 500 to 1000 securities.17 In create significant message traffic in the believes that it is appropriate at this reviewing the proposal described Nasdaq system, as well as needless and time to expand the number of Nasdaq/ herein, the Commission has considered avoidable capacity repercussions for NM securities that the CHX may trade the public trading activity in Nasdaq/ Nasdaq. Moreover, the NASD believes under the Plan. As noted, the NM securities, the character of the that the proposal is not consistent with Commission has separately solicited trading, the impact of the increase on the Act because it believes that the comment on the issue of expanding the the existing markets for the securities expansion would not serve to achieve ITS/CAES linkage to non-19c–3 and the desirability of removing the goals of unlisted trading privileges securities. Although CHX autoquoting impediments to, and the progress that since ‘‘data gathered by the NASD’s substantially increases capacity burdens has been made towards, development of Economic Research Department shows of Nasdaq, the Commission does not a national market system.18 Specifically, that a significant portion of the CHX view these quotes as in themselves the Commission believes that the specialist quotes are not competitive.’’15 negative for the markets. Nor has the expansion should increase transparency The NASD asserts that: CHX specialists Commission received evidence that and serve to provide the Participants are almost never at the national best expanding the number of securities with additional information to evaluate bid/best offer (‘‘NBBO’’) in the securities would otherwise have a negative effect the effects of the proposed course of in which they make a market; CHX on the markets or on the protection of action for the pilot program. This, in specialists account for a investors. On the contrary, the turn, should further the objectives of the disproportionate number of quote Commission believes this expansion, Act in general, and specifically those set updates; CHX specialists account for an from 500 to 1000 Nasdaq/MN securities forth in Sections 12(f) and 11A of the insignificant portion of the volume in has the potential to enhance Act and in Rule 11Aa3–1 and Rule the securities in which they make a competition and result in better 11Aa3–2 thereunder. market; and CHX specialists have a executions for investors. The expansion It is therefore ordered, Pursuant to disproportionately higher quote to trade should enhance the protection of Sections 12(f) and 11A of the Act and ratio than Nasdaq market makers. For investors and the public interest, further (c)(2) of Rule 11Aa3–2 thereunder, that these reasons, the NASD concludes that competition, increase the transparency the CHX’s request to expand the number permitting CHX specialists to trade an of the markets, and is a prudent securities eligible for trading pursuant additional 500 securities might harm approach that will enable the to the Joint Transaction Reporting Pan market quality. Finally, the NASD Participants and the Commission to gain for Nasdaq/National Market securities submitted statistical data regarding CHX useful, instructive experience traded on an exchange on an unlisted or and NASD volume in OTC/UTP concerning operation of the Joint OTC/ listed basis is hereby approved. securities, as well as quotation UTP Plan and its competitive effects, For the Commission, by the Division of information concerning securities pending permanent approval of the Market Regulation, pursuant to delegated quoted under the Plan, to support its Plan. In addition, the Commission notes authority.19 supposition to the proposal. that it will continue to monitor the Margaret H. McFarland, The CHX submitted a third letter CHX’s ability to perform its Deputy Secretary. responding to the NASD’s comments.16 responsibilities under the Joint Plan. In the third letter, the CHX provided [FR Doc. 99–12817 Filed 5–20–99; 8:45 am] IV. Solicitation of Comment statistical information to refute the BILLING CODE 8010±01±M position of the NASD. Further, the CHX Interested persons are invited to addressed the NASD concerns regarding submit written data, views, and arguments concerning the foregoing. SECURITIES AND EXCHANGE COMMISSION Paticia L. Levy, Senior Vice President and General Persons making written submissions Counsel, CHX, to Jonathan G. Katz, Secretary, should file six copies thereof with the [Release No. 34±41391] Commission, dated March 3, 1999 (‘‘CHX Letter No. Secretary, Securities and Exchange 3’’); and letter from George T. Simon, Foley and Lardner, to Robert Colby, Deputy Director, Division Commission, 450 Fifth Street, NW., Notice of Intention To Cancel of Market Regulation, Commission, dated April 1, Washington, DC 20549–0609. Copies of Registrations of Certain Transfer 1999. the submission, all subsequent Agents 13See Securities Exchange Act Release No. 40260 amendments, all written statements (July 24, 1998), 63 FR 40748 (July 30, 1998) with respect to the proposed May 12, 1999. requesting comments on whether to extend the ITS/ Notice is given that the Securities and CAES linkage to non-19c–3 securities. amendment that are filed with the Exchange Commission (‘‘Commission’’) 14See Autoquoting is the computerized updating Commission, and all written of stock prices. The CHX allows its members to communications relating to the 17 autoquote Plan securities. The NASD generally proposed amendment between the The Commission has considered the proposal’s prohibits this conduct, in part to ensure adequate impact on efficiency, competition and capital capacity. See NASD IM–4613. Commission and any person, other than formation. 15See NASD Letter, supra note 12. those that may be withheld from the 18 15 U.S.C. 781(f)(1)(E)(i) and (ii). 16 See Letter CHX Letter No. 3, supra note 12. public in accordance with the 19 17 CFR 200.30–39a)(29).

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.075 pfrm07 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27841 intends to issue an order, pursuant to Commission believes that these transfer SECURITIES AND EXCHANGE section 17A(c)(4)(B) of the Securities agents are no longer in existence or have COMMISSION Exchange Act of 1934 (Exchange Act),1 ceased doing business as a transfer canceling the registrations of the [Release No. 34±41415; International Series agent. Section 17A(c)(4)(B) of the Release No. 1197; File No. SR±EMCC±98± transfer agents whose names appear in Exchange Act provides that if the 10] the attached Appendix. Commission finds that any transfer FOR FURTHER INFORMATION CONTACT: Jerry agent registered with the Commission is Self-Regulatory Organizations; W. Carpenter, Assistant Director, or no longer in existence or has ceased to Emerging Markets Clearing Gregory J. Dumark, Staff Attorney, at do business as a transfer agent, the Corporation; Order Granting Approval 202/942–4187, Division of Market Commission shall be order cancel that of a Proposed Rule Change Relating to Regulation, Securities and Exchange transfer agent’s registration. Netting Services Commission, 450 Fifth Street, NW., Accordingly, at any time after June 21, May 17, 1999. Washington, DC 20549–1001. 1999, the Commission intends to issue On November 2, 1998, Emerging Background an order cancelling the registrations of Markets Clearing Corporation (‘‘EMCC’’) On August 12, 1998, the Commission any or all of the transfer agents listed in filed with the Securities and Exchange adopted Rule 17Ad–18 under Sections the Appendix. Commission (‘‘Commission’’) a 17(a) of the Exchange Act, which Any transfer agent listed in the proposed rule change (File No. SR– requires non-bank transfer agents to file Appendix that believes its name has EMCC–98–10) pursuant to Section Form TA–Y2K with the Commission.2 been included in the Appendix in error 19(b)(1) of the Securities Exchange Act Under Rule 17Ad–18, every transfer must notify the Commission in writing of 1934 (‘‘Act’’).1 Notice of the proposal agent was required to complete and file prior to June 21, 1999 objecting to the was published in the Federal Register by August 31, 1998, Part I of Form TA– cancellation of its registration. Written on December 28, 1998.2 No comment Y2K reflecting its Year 2000 compliance notifications must be mailed to: Gregory letters were received. For the reasons effort as of July 15, 1998. Certain larger J. Dumark, Division of Market discussed below, the Commission is transfer agents were also required to Regulation, Securities and Exchange approving the proposed rule change. complete Part II of Form TA–Y2K. Commission, 450 Fifth Street, NW., In August 1998, the Commission I. Description Washington, DC 20549–1001, or be sent mailed copies of Form TA–Y2K to all via facsimile to (202) 942–9695, Currently, EMCC processes its non-bank transfer agents then registered Attention: Gregory J. Dumark. members’ transactions on a trade for with the Commission.3 In September trade basis. The rule change enables 1998, the Commission mailed letters to For the Commission by the Division of EMCC to offer its members the ability to the transfer agents, including the Market Regulation, pursuant to delegated have their transactions processed on a transfer agents listed in the Appendix, authority.4 netted basis through EMCC’s netting that had not filed Form TA–Y2K Margaret H. McFarland, services. warning them of the possibility of the Deputy Secretary. Under EMCC’s netting services, institution of an administrative transactions between two netting proceeding by the Commission. Appendix—Registration Number and members that have been reported on Subsequently, the Commission made Name EMCC’s ‘‘accepted trade report,’’ which additional efforts to locate and 84–1758, Corporate Strategic Services, is made available to members no later determine the status of transfer agents, than two days prior to settlement date Inc. including the transfer agents listed in (‘‘SD–2’’), will be eligible for settlement the Appendix, that did not file Form 84–1997, DC Trading & Development netting. The accepted trade report will TA–Y2K. In some cases the Commission Corp. indicate trades that are to be processed was unable to locate the transfer agent 84–5406, First Federal Savings Bank on a netted basis. and in other cases the Commission Byran Texas Both trade for transactions and netted received notification that the transfer transactions will be novated and 84–1945, Hawthorne Shareholder agent was no longer in existence or had guaranteed at the same time. Receive Services, Inc. ceased doing business. and deliver obligations for netting trades To date, the 14 registered transfer 84–5553, The Herman Group, Inc. will be established when the accepted agents listed in the Appendix have 84–5522, Keller Financial Services, Inc. trade report is made available to neither filed Form TA–Y2K nor members. On the scheduled settlement 84–1766, Kinlaw Energy Partners Corp. responded to Commission inquiries. date, these receive and deliver Based on the facts it has, the 84–5615, NRG Incorporated obligations will be extinguished and replaced with new receive obligations or 1 15 U.S.C. 78q–1(c)(4)(B). 84–5560, Partnership Services, Inc. deliver obligations relating to the net 2 Release No. 34–40163 (July 2, 1998), 63 FR 84–0047, Penn Square Management position. In order to meet the delivery 37688 (July 13, 1998) (‘‘Adopting Release’’). See Corporation also Release No. 34–39726 (March 5, 1998), 63 FR parameters of the applicable qualified 12062 (March 12, 1998) (‘‘Proposing Release’’). Rule 84–5412, Schuster, Jill Lauren securities depository (‘‘QSD’’), EMCC 17Ad–18 specifically applies to non-bank transfer agents. The term ‘‘non-bank transfer agent’’ means 84–998, Silver Crescent, Inc. may establish one or more receive and a transfer agent whose regulatory agency is the 84–5614, Wisconsin Real Estate deliver obligations with respect to any Commission and who also is not a savings one net position. Investment Trust association regulated by the Office of Thrift The value at which receive and Supervision. 17 C.F.R. § 240.17Ad–18(e). 84–1566, Yreka United, Inc. deliver obligations will be settled at a 3 The Commission mailed the Form TA–Y2K to the address provided by each non-bank transfer [FR Doc. 99–12933 Filed 5–20–99; 8:45 am] 1 15 U.S.C. 78s(b)(1). agent on their Form TA–1. These addresses should BILLING CODE 8010±01±M be current, as non-bank transfer agents are required 2 Securities Exchange Act Release No. 40810, to update Form TA–1 promptly for any address International Series Release No. 1174 (December 18, changes. 4 17 CFR 200.30–3(a)(22). 1998), 63 FR 71532.

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QSD will be fixed by EMCC based on an clearing agency4 or (ii) the date on change amends Section 2(c) of Rule 7 to average of the prices of all transactions which all members are netting members state that receive and deliver obligations in the ISIN 3 underlying such receive (as opposed to the date on which netting are to be settled at the settlement value and deliver obligations. In order to services are available). set forth on the accepted trade report for compensate netting members for the In addition, the rule change amends trades to be settled on a trade for trade difference between the value at which Section 5 of Rule 4 with respect to the basis and as set forth on the netting the netted receive and deliver use of the term ‘‘value of position.’’ The detail report with respect to netting obligations are settled and the actual term is currently used with respect to trades. the calculations of both the mark to consideration for the transactions The rule change amends Section 3 of underlying the receive and deliver market amount and volatility amount. However, the current definition applies Rule 7 so that it applies to the obligations, EMCC will debit or credit transaction adjustment payment. In members with the difference between only to the mark to market calculation. As a result, the rule change moves the additional the rule change makes the the value at which such obligations following technical changes so that (i) settle and the actual consideration. This current definition from the text of Section 5 to a footnote to the mark to all rules pertaining to receive, deliver, credit or debit will be referred to as the and settlement obligations appear under ‘‘transaction adjustment payment.’’ market formula. In addition, the rule change adds a different definition of one rule, Rule 7, and (ii) Rule 8 pertains As described below, the rule change ‘‘value of position’’ as a footnote to the solely to EMCC’s settlement instructions makes specific changes to EMCC’s rules. volatility amount formula. only report. Specifically, the rule Rule 1—Definitions change makes the following changes: Rule 6—Receipt of Data (1) ‘‘Fail settlement positions’’ is The rule change adds definitions of The rule change amends Rule 6 to moved from Section 2 of Rule 8 to ‘‘netting member,’’ ‘‘netting services,’’ state that accepted trade reports will Section 12 of Rule 7; and ‘‘netting trade’’ to Rule 1. The term indicate whether a transaction is a ‘‘netting member’’ is defined as a netting trade or whether it will be (2) ‘‘Partial deliveries’’ is moved from member that is a participant in the settled on a trade for trade basis. EMCC Section 3 of Rule 8 to Section 13 of Rule netting services. The definition of members will receive a ‘‘netting detail 7; ‘‘netting trade’’ sets forth the report’’ from EMCC with respect to (3) ‘‘Financing costs/obligation to requirements that must be met in order netting trades scheduled to settle on the receive securities’’ is moved from for a trade to be eligible as a netting following business day. The netting Section 4 of Rule 8 to Section 14 of Rule trade. Specifically, the trade must (a) be detail report will indicate a net 7 (a pararaph is added to this section a compared trade between two netting settlement position for a given that will enable EMCC to charge interest members and (b) have been reported on settlement date for each ISIN in which to or fine a member for failure to make an accepted trade report made available a netting member has a netting trade. a transaction adjustment payment); to members no later than SD–2. The The net settlement position will equal (4) ‘‘Obligation to facilitate financing’’ definition also states that EMCC may the net amount of EMCC eligible is moved from Section 5 of Rule 8 to treat any trade either by netting member instruments in a particular ISIN that a Section 15 of Rule 7; and or by ISIN as ineligible to be a netting netting member has purchased from or trade. The rule change also amends the sold to all other netting members. The (5) ‘‘Relationship with qualified definition of ‘‘final net settlement rule change also adds language to Rule securities depository’’ is moved from obligation’’ to include any unpaid 6 to indicate that cutoff times for Section 6 of Rule 8 to rule 25. transaction adjustment payment. submission of data to EMCC may be Rule 25—Qualified Securities The rule change makes technical different for netting trades and trades to Depositories corrections to the definitions of ‘‘fail be settled on a trade for trade basis. long position,’’ ‘‘fail short position,’’ Rule 7—Novation and Guaranty of The rule change adds a section to and ‘‘net settlement obligation,’’ all of Obligations and Receive, Deliver and Rule 25 to prohibit a member from which incorrectly refer to the Settlement Obligations and Rule 8— canceling or otherwise modifying ‘‘settlement day’’ rather than the Settlement Instructions Only Report instructions previously transmitted by ‘‘scheduled settlement date.’’ In EMCC to a QSD. The rule change amends Section 1 of addition, the rule change modifies the Rule 7 so that it applies to the guaranty Addendum C—Statements of Policy definition of ‘‘contract value’’ to state and novation of all trades submitted to With Respect to Additional Clearing that this value is calculated by EMCC. EMCC. Specifically, the rule change Fund Deposits Rule 4—Clearing Fund, Margin, and amends Section 2(a) Rule 7 so that it Loss Allocation applies to the creation of a member’s The rule change amends Addendum C receive and deliver obligations. With to refer to contract values rather than The rule change amends Rule 4 with respect to netting trades, on the settlement values. respect to the expiration date of the scheduled settlement date the receive Addendum F—Fee Schedule paragraph in Section 10 of Rule 4 that and deliver obligations that are permits EMCC to use clearing fund established in accordance with Section The rule change modifies the deposits for intraday financing. The 2(a) will be extinguished and replaced reference to trade date (T) in EMCC’s fee amendment postpones this expiration with one or more new receive and schedule to Settlement Day (SD) so that date to the earlier of (i) the first deliver obligations with respect to each the reference is consistent with the anniversary of the date on which EMCC net position. In addition, the rule timetables contained elsewhere in commenced operation as a registered EMCC’s rules and because members 4 On February 13, 1998, the Commission granted may submit trades that were done on a 3 EMCC Rule 1 defines ISIN to mean the EMCC temporary registration as a clearing agency forward basis so long as such trades are International Securities Identification Number as until August 20, 1999. Securities Exchange Act defined by International Organization for Release No. 39661, International Series Release No. submitted to EMCC no earlier than Standardization 6166. 117 (February 13, 1998), 63 FR 8711. SD–3.

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II. Discussion publishing this notice to make clear its The SBA recognizes the inherent Section 17A(b)(3)(F) of the Act 5 firm commitment to the greater use of value of using various formal and requires that the rules of a clearing alternative dispute resolution informal dispute resolution techniques. agency be designed to promote the techniques. Nothing in this notice or ADR techniques may be appropriate to prompt and accurate clearance and these guidelines, however, creates any resolve a variety of disputes which settlement of securities transactions and right or benefit by a party against the regularly involve SBA. Several to assure the safeguarding of securities United States. No person or entity programmatic areas and activities at and funds which are in the custody or should construe this notice as requiring SBA afford fertile ground for the control of the clearing agency or for or suggesting that any employee act in adoption of ADR techniques. These which it is responsible. The a manner contrary to law. include proceedings before the Office of Commission believes that the proposed ADDRESSES: Submit Comments to Eric S. Hearings and Appeals, EEO rule change is consistent with EMCC’s Benderson, Associate General Counsel proceedings, personnel actions, obligations under Section 17A(b)(3)(F) for Litigation, Office of General Counsel, government contract disputes, and because it should reduce the number of U.S. Small Business Administration, disputes with participating lenders and settlement payments and the size of 409 3rd St., SW, Washington, DC 20416. surety companies. SBA routinely undertakes informal delivery obligations among EMCC FOR FURTHER INFORMATION CONTACT: Eric negotiations to settle delinquent loan netting members and therefore should S. Benderson, (202) 205–6643. accounts and other types of disputes increase the speed and accuracy of the Throughout the past decade, the before and after suit is initiated. At the settlement process with regard to those litigation caseload, both in the courts same time, however, the Agency members. In addition, the Commission and before administrative tribunals, recognizes the need to do still more to believes that the arrangements for which the Small Business promote the fair and efficient resolution EMCC’s netting services have been Administration (‘‘SBA’’) and its of disputes arising in all areas of designed so that they help EMCC to participant lenders have carried has operations. Often, the use of ADR will assure the safeguarding of securities and placed an increasing strain on SBA’s be a more cost effective and efficient funds that are under EMCC’s control or resources, both in terms of personnel means of achieving a satisfactory for which it is responsible. and expense. Other federal agencies resolution of a dispute than litigation or have also faced this growing problem. III. Conslusion administrative procedures. To that end, To address these problems, the 101st SBA has adopted the guidelines On the basis of the foregoing, the Congress enacted the Administrative Commission finds that the proposal is outlined below. Dispute Resolution Act of 1990, Pub. L. The ADR Coordinator, the Associate consistent with the requirements of the 101–552, 104 Stat. 2736–37. This General Counsel for Litigation, will Act and in particular with the legislation with some modifications was work with program heads in requirements of Section 17A of the Act 6 permanently reenacted as the implementing these ADR policies to and the rules and regulations Administrative Dispute Act and develop specific procedures with thereunder. Negotiated Rulemaking Act of 1996, It is therefore ordered, pursuant to respect to their particular programs to Pub. L. 104–320, 110 Stat. 3870 (1996). the greatest extent possible. This notice Section 19(b)(2) of the Act, that the This Act, as amended, codified at 5 identifies factors which increase the proposed rule change (File No. SR– U.S.C. 571 et seq., authorizes federal value of ADR and other factors which EMCC–98–10) be and hereby is agencies to use various dispute diminish its benefit. The criteria below, approved. resolution techniques outside of however, are by no means exclusive, For the Commission by the Division of litigation to resolve controversies and are not intended to remove Market Regulation, pursuant to delegated related to administrative programs if the discretion from the employees of SBA. authority.7 disputing parties agree to such a The determination of whether a Margaret H. McFarland, proceeding. 5 U.S.C. 572. Under the Act, particular case, claim or issue is Deputy Secretary. a dispute resolution proceeding can appropriate for an ADR proceeding is [FR Doc. 99–12931 Filed 5–20–99; 8:45 am] include any process involving the often very fact specific. ADR will not be BILLING CODE 8010±01±M disputants in which a neutral party an appropriate means of resolving every participates. See 5 U.S.C. 571. dispute, but in this era of reduced The National Performance Review, resources, a commitment to the use of SMALL BUSINESS ADMINISTRATION chaired by Vice President Gore, ADR procedures will allow SBA to recommended in 1993 that all federal maximize the resources devoted to Policy Statement on the Use of agencies establish methods for dispute resolution. Alternative Dispute Resolution and Alternative Dispute Resolution (‘‘ADR’’) Case Selection Criteria for Alternative and encourage the use of ADR when Definitions Dispute Resolution enforcing regulations. More recently, in Alternative Dispute Resolution—An 1996, President Clinton issued umbrella term that encompasses many AGENCY: Small Business Administration. Executive Order 12988 dealing with different processes and procedures for ACTION: Notice. Civil Justice Reform. This Order dispute resolution. Those processes and SUMMARY: This notice publishes the directed federal agencies to consider procedures include, but are not limited Alternative Dispute Resolution Policy whether alternate methods might to, arbitration, early neutral evaluation, Statement of the U.S. Small Business resolve a civil dispute both before suit facilitation, mediation, mini-trials and Administration and sets forth criteria for is filed and again after litigation is summary jury trials. identifying cases as potentially suitable instituted. The Order further authorized Arbitration—A non-judicial for dispute resolution. SBA is the Department of Justice to issue model proceeding in which the disputants guidelines for the use of ADR. The select a neutral person or panel of 5 15 U.S.C. 78q–1(b)(3)(D). Justice Department published these persons to act as arbiters of a dispute. 6 15 U.S.C. 78q–1. guidelines at 61 FR. 36906 (July 15, The arbitrator hears evidence and, in 7 17 CFR 200.30–3(a)(12). 1996). many respects, acts like a judge. The

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Alternative Dispute Resolution also of dispute resolution using a forum in Associate General Counsel, shall review permits the parties to exercise more which attorneys present the core of the each dispute which arises and direct control over the dispute dispute to a neutral evaluator in the determine whether, in light of the resolution remedy. ADR techniques presence of the parties. Disputants factors set forth below, use of ADR would be appropriate. These officials have proven successful in many typically use this method after a lawsuit categories of cases where the cases are commences but before conducting should consult with SBA counsel in determining whether to use ADR in a routine (not precedent setting), such as discovery. The evaluator gives the routine automobile torts, slip and fall, parties a candid assessment of the particular matter and which method of ADR to use. and employment rights cases, or where strengths and weaknesses of their confidential communication with a positions. If the parties do not reach a If SBA determines that the matter is appropriate for ADR, an SBA official neutral third party will help to clarify settlement, the evaluator helps the issues. Alternative Dispute Resolution parties narrow the dispute and suggests should send a letter to the opposing party or parties to determine their techniques also allow the parties to craft guidelines for managing discovery. willingness to use ADR. If counsel individualized, nontraditional remedies. Facilitation—A voluntary represents the opposing party or parties, The following are some general arrangement (or process) agreed to by SBA counsel should prepare this letter suggestions to consider when disputants to seek more immediate and deal with opposing counsel in close determining whether to undertake ADR resolution of the issues (conflict). This consultation with program officials. If in a given case. process is similar to counseling by the other party or parties agree to use The criteria listed below are by no agency employees of Equal Employment ADR, SBA and the other parties must means exclusive, and are not intended Opportunity complainants, but involves enter a written agreement. This to remove discretion from the senior level agency managers as agreement, at a minimum, should employees of SBA. The determination of neutrals. include the following terms: whether a particular case, claim or issue 1. Agreement on the method of ADR is appropriate for ADR is often very fact Mediation—A non-judicial process in dependent. which a neutral party facilitates an and whether the procedure will be binding or non-binding (use of binding Alternative Dispute Resolution is not interest-based negotiation between the meant to replace traditional negotiation disputants, who then fashion their own arbitration requires concurrence of AGC for litigation and must conform to the in every case. Rather, it may serve to resolution of the dispute. The resolution requirements for the Administrative provide agency employees with may be binding or non-binding, Dispute Resolution Act. 5 U.S.C. 551, et. additional tools to facilitate negotiation depending upon the agreement of the seq.); where traditional two-party negotiation parties. 2. Agreement on the potential neutrals has not produced an acceptable Mini-trial—A truncated form of likely available to resolve the dispute resolution or where the presence of a litigation which assists in the and how the final decision of which neutral may cause negotiations to structuring of a case for settlement. This neutral to use will be made; proceed more efficiently. procedure generally involves a non- 3. Agreement as to the allocation of The following, by way of example but binding information exchange the costs of ADR among the parties; not limitation, are factors you may conducted before one or more neutral 4. Agreement as to the time limits and consider when determining whether to parties who, in many cases, are experts scope of discovery; use ADR and when determining which in the field in controversy. There is no 5. Agreement on any necessary ADR technique will be most suitable in testimony from witnesses. Instead, each confidentiality provisions to govern the a given case: These factors are neutral in that whether they weigh in favor of or party’s counsel is given an allotted exchange of information in accordance against the use of ADR depends upon period of time to state what the with the Administrative Dispute the specific facts and circumstances of testimony would be and argue the legal Resolution Act and various privileges; the case at issue. consequences flowing from the facts. and 1. Does the dispute indicate that the Those with settlement authority then 6. Agreement on a tentative schedule parties have an agenda separate and meet to negotiate a resolution. If the for the resolution of the dispute through apart from the specific issues of the parties fail to reach such a resolution, ADR. When SBA officials determine that case? the neutral party or parties can render 2. What is the history of the dispute? a decision. The decision may be binding the use of ADR is inappropriate to resolve a particular case, issue or 3. What is the anticipated outcome of or non-binding, depending upon the the dispute, and is either party likely to agreement of the parties. dispute, SBA officials should continue to review unresolved matters deemed appeal? Summary jury trial—This process is inappropriate for ADR to determine if 4. Have all the facts necessary to settle similar to a mini-trial, except that ADR would be beneficial at some the case been discovered? counsel presents the case to a jury subsequent time. 5. Has settlement authority been instead of a neutral third party. A judge obtained or is more information needed charges the jury as in ordinary litigation. General Factors To Consider in to obtain settlement authority? After deliberation, the jurors return a Determining Whether a Matter Is 6. Who is in charge of handling the non-binding ‘‘advisory’’ verdict. The Appropriate for ADR dispute for each of the parties? parties then meet to resume settlement In order to operate successfully, the 7. Are there significant factual or legal negotiations. chosen ADR technique must be disputes or do the parties generally

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How credible would such Factors Counseling Against the Use of witnesses appear to a court? How would ADR 1. The parties know from the start that the credibility of the witnesses affect the 1. There is a need for precedent on the the case can be settled. outcome of the dispute? issue in dispute. 2. The parties disagree on the amount 10. Are there non-party individuals or 2. A need exists for a public of damages. entities with interests in the outcome of proceeding to resolve the issue or case. 3. Factual issues requiring expert the dispute? 3. There is a need for a public testimony may be dispositive of liability 11. If applicable, what is the position sanction. or damage issues and the use of a of the case on the court’s docket? 4. The matter is likely to settle soon neutral expert is cost effective. 12. What are the likely expenses of without assistance. 4. A resolution of the factual issue(s) litigation as opposed to the likely 5. The matter is likely to be resolved will assist in settlement. expenses of ADR? by motion in SBA’s favor. 5. One or more of the parties to the 13. Does the dispute involve policy 6. Either the opposing party or dispute needs to obtain a realistic view implications? counsel representing the opposing party of the case, including a prediction of the 14. What is the anticipated time-frame is not trustworthy. likely outcome. for resolving the dispute by means of 7. A settlement would likely establish C. Factors Favoring Arbitration litigation and by means of ADR? a precedent which would trigger 1. The parties disagree on the amount additional claims and/or litigation. Factors Counseling in Favor of ADR of damages. 8. An individual is sued in his or her 2. Arbitrators in the area are well- A. Factors regarding the parties personal capacity as a Government involved in the dispute: respected. employee. 3. There are no complex factual issues 1. There is now or is likely to be a 9. There is reason to believe that the continuing relationship between the involving areas of expertise and the opposing party is engaging in fraudulent parties disagree on the facts. parties. or criminal activity or will not act in 2. There may be benefits to either good faith. D. Factors Favoring Mini-Trials or party hearing directly from the opposing 10. One or more of the parties is Summary Jury Trials side. unable to negotiate effectively, with or 3. Either party likely would be 1. There is likely to be an excessive without the assistance of counsel. influenced by the opinion of a neutral delay from the time a suit is filed until 11. Injunctive relief is sought and no third party. the time there is any recovery. 4. The opposing party does not have compromise or other relief is available 2. Simple factual issues exist which a realistic view of the case. or acceptable. while not necessarily requiring expert 5. The parties have indicated a desire 12. The only relief sought is testimony would take an excessive to settle. foreclosure on real property. amount of time to present in a 6. Either party needs a swift Factors To Be Considered in Deciding traditional forum. resolution of the dispute. What Type of ADR Method(s) Should 3. There are complex factual issues B. Factors regarding the nature of the Be Used which are generally explained with case or dispute: expert testimony. 1. The facts of the dispute are When choosing an ADR method, SBA 4. The attorneys can fairly summarize complex or of a complicated technical officials should consider how swiftly a the facts to the fact-finder without the nature not well-suited to litigation. particular method of ADR is likely to necessity of lengthy cross-examination. 2. If the case proceeds to court, it is resolve the dispute. For example, Factors To Consider in Selecting ADR likely that SBA would face a hostile proceedings under mediation or early Providers forum or decisionmaker. neutral evaluation may take much less 3. The parties desire to maintain time than proceedings under other 1. Does the provider meet the flexibility in the relief they seek. methods, such as arbitration. requirements of the relevant federal or 4. Trial preparation will be difficult, A. Factors Favoring Mediation state court rules for neutrals? costly and/or time-consuming, and 2. Is the ADR provider unbiased and these costs would outweigh any benefit 1. There is a continuing relationship not seeking to advance his or her own which SBA is likely to receive if the among the parties. interests? matter proceeds to trial. 2. The disputed or key facts are not 3. Will the ADR provider deal fairly 5. There is no need for a legal so technical as to require subject matter with the parties and be reasonably precedent in the matter. expertise. available to the parties? 6. There is a need to avoid an adverse 3. There are multiple defendants and 4. Does the ADR provider know any legal precedent in the matter. the United States has the greatest of the parties or counsel involved in the 7. The Agency is a defendant and, if exposure. matter? If so, what is the nature and found liable, would face a great deal of 4. There exists a risk of unfavorable context of the provider’s relationship legal exposure. precedent. with the parties or counsel and would 8. Serious questions exist as to 5. There is likely to be an excessive this present a conflict of interest? whether SBA could actually recover delay from the time a suit is filed until 5. What kind and extent of training significant sums in executing on a the time that recovery is actually has the ADR provider received for the judgment. achieved. particular ADR process to be used?

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6. Has the ADR provider received located in the contiguous counties of Dated: May 12, 1999. such training from a well-reputed Harper, McPherson, Pratt, Rice, and Bernard Kulik, program? Stafford in the State of Kansas may be Associate Administrator for Disaster 7. What kind of experience does the filed until the specified date at the Assistance. ADR provider have with the particular previously designated location. [FR Doc. 99–12878 Filed 5–20–99; 8:45 am] ADR process to be used in terms of the Any counties contiguous to the above- BILLING CODE 8025±01±P years of experience with the process, the named primary counties and not listed number of disputes resolved, the herein have been previously declared amount in controversy and the under a separate declaration for the SMALL BUSINESS ADMINISTRATION complexity of the issues involved? 8. Is the ADR provider an attorney? If same occurrence. so, what kind of experience does the All other information remains the [Declaration of Disaster #3180] provider have in terms of type of same, i.e., the deadline for filing # practice, years of experience, applications for physical damage is July State of Oklahoma; Amendment 1 complexity of cases and issues and 2, 1999, and for economic injury the litigation involving governmental deadline is February 4, 2000. In accordance with notices received from the Federal Emergency entities? (Catalog of Federal Domestic Assistance 9. Does the ADR provider have Program Nos. 59002 and 59008) Management Agency dated May 7, 1999, expertise in the issues or facts in Dated: May 12, 1999. the above-numbered Declaration is hereby amended to include damages controversy? Bernard Kulik, 10. When the parties are paying for caused by flooding in this disaster, in the services of an ADR provider, are the Associate Administrator for Disaster Assistance. addition to damages resulting from rates fair and reasonable for resolving a severe storms and tornadoes. This [FR Doc. 99–12876 Filed 5–20–99; 8:45 am] governmental dispute? Declaration is further amended to BILLING CODE 8025±01±P Training include Canadian, Craig, LeFlore, Ottowa, and Noble Counties in SBA is committed to educating its Oklahoma as a disaster area, and to personnel regarding the benefits and SMALL BUSINESS ADMINISTRATION establish the incident period for this potential uses of ADR. To that end, SBA has begun ADR training. It expects to [Declaration of Disaster #3174] disaster as beginning on May 3 and add ADR training to existing Agency continuing through May 5, 1999. # training programs and to develop State of Missouri; Amendment 1 In addition, applications for economic additional training devoted primarily to injury loans from small businesses ADR. SBA also intends to work in In accordance with notices received located in the following contiguous partnership with other federal agencies from the Federal Emergency counties may be filed until the specified to take full and efficient advantage of Management Agency dated April 14 and date at the previously designated May 5, 1999, the above-numbered training which these agencies already location: Delaware, Grant, Haskell, Kay, Declaration is hereby amended to have developed. SBA has already Latimer, Mayes, McCurtain, Nowata, trained a number of its personnel include Andrew, Iron, Macon, and Osage Counties in the State of Missouri Pushmataha, and Sequoyah in throughout the United States to serve as Oklahoma; Cherokee and Labette mediators in disputes involving federal as a disaster area as a result of damages caused by severe storms and flooding. Counties in Kansas; McDonald and agencies. For example, the Newton Counties in Missouri; and Polk, administrative judges in the Office of This Declaration is further amended to establish the incident period for this Scott, and Sebastian Counties in Hearings and Appeals have completed Arkansas. mediation training. SBA will explore disaster as beginning on April 3 and additional training in this area. continuing through April 14, 1999. All other information remains the Michael D. Schattman, In addition, applications for economic same, i.e., the deadline for filing General Counsel. injury loans from small businesses applications for physical damage is July [FR Doc. 99–12875 Filed 5–20–99; 8:45 am] located in the following contiguous 2, 1999, and for economic injury the deadline is February 4, 2000. BILLING CODE 8025±01±P counties may be filed until the specified date at the previously designated The economic injury numbers for location: Adair, Buchanan, Callaway, Kansas, Missouri, and Arkansas are SMALL BUSINESS ADMINISTRATION Chariton, Cole, Crawford, DeKalb, Dent, 9C8100, 9C8200, and 9C8300, # Gasconade, Gentry, Holt, Knox, Linn, respectively. [Declaration of Disaster 3181] Maries, Miller, Monroe, Montgomery, (Catalog of Federal Domestic Assistance State of Kansas; Amendment #1 Nodaway, Randolph, Reynolds, Shelby, Sullivan, and Washington Counties in Program Nos. 59002 and 59008) In accordance with a notice received Missouri, and Doniphan County, Dated: May 12, 1999. from the Federal Emergency Kansas. Bernard Kulik, Management Agency dated May 11, All other information remains the Associate Administrator for Disaster 1999, the above-numbered Declaration same, i.e., the deadline for filing Assistance. is hereby amended to include Reno and applications for physical damage is June [FR Doc. 99–12877 Filed 5–20–99; 8:45 am] Sumner Counties in the State of Kansas 18, 1999, and for economic injury the BILLING CODE 8025±01±P as a disaster area as a result of damages deadline is January 20, 2000. caused by severe storms and tornadoes beginning on May 3, 1999 and The economic injury number for continuing. Kansas is 9C8000. In addition, applications for economic (Catalog of Federal Domestic Assistance injury loans from small businesses Program Nos. 59002 and 59008)

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DEPARTMENT OF STATE system, which discriminates against meeting of the DSB on May 26, 1999. A beef from the United States by imposing panel will be established at that time Office of the Deputy Assistant sales and other requirements on such unless the DSB decides by consensus Secretary for Energy, Sanctions, and beef from which Korean beef is exempt; not to establish a panel. Commodities (2) Korea’s imposition of charges that Major Issues Raised by the EC and exceed the other duties or charges [Public Notice 3055] Legal Basis of the Complaint provided for in Korea’s WTO Schedule Receipt of Application for a of concessions; (3) Korea’s provision of The USTR believes that these Presidential Permit for Pipeline excessive domestic support to measures are inconsistent with the Facilities To Be Constructed and agricultural producers; and (4) other obligations of Korea under several Maintained on the Border of the United Korean Government measures that have provisions of the WTO Agreements, States disrupted market access and impaired including Articles II, III, X, XI, and XVII the ability of U.S. producers to fill the of the GATT 1994, Articles 3, 4, 6 and AGENCY: Department of State. quota allotted by the Korean 7 of the Agreement on Agriculture, government for beef imports. In this Articles 1 and 3 of the Agreement on SUMMARY: The Department of State has dispute, the United States alleges that Import Licensing Procedures. received an application from City of the Korean measures are inconsistent Sumas, Washington requesting a Public Comment: Requirements for with the obligations of Korea under the Submissions Presidential permit, pursuant to General Agreement on Tariffs and Trade Executive Order 11423 of August 16, (GATT) 1994, the Agreement on Interested persons are invited to 1968, as amended by Executive Order Agriculture, and the Agreement on submit written comments concerning 12847 of May 17, 1993, authorizing City Import Licensing Procedures. The USTR the issues raised in the dispute. of Sumas to construct and maintain a invites written comments from the Comments must be in English and pipeline to establish an intertie between public concerning the issues raised in provided in fifteen copies to Sandy the municipal water systems of the City this dispute. McKinzy at the address provided above. of Sumas, Washington and the City of DATES: Although the USTR will accept A person requesting that information Abbotsford, British Columbia, Canada. any comments received during the contained in a comment submitted by The project consists of one 12-inch course of the dispute settlement that person be treated as confidential diameter pipeline of approximately proceedings, comments should be business information must certify that 4,10021 feet in length crossing the submitted by July 15, 1999, to be such information is business International Boundary between the assured of timely consideration by the confidential and would not customarily United States and Canada. USTR in preparing its first written be released to the public by the DATES: Interested parties are invited to submission to the panel. commentator. Confidential business submit, in duplicate, comments relative ADDRESSES: Comments may be information must be clearly marked to this proposal on or before June 13, submitted to Sandy McKinzy, Litigation ‘‘BUSINESS CONFIDENTIAL’’ in a 1999. Assistant, Office of Monitoring and contrasting color ink at the top of each FOR FURTHER INFORMATION CONTACT: Enforcement, Room 122, Attn: Korea page of each copy. Matthew McManus, Division Chief, Beef Dispute, Office of the United States Information or advice contained in a Energy Producer Country Affairs, Trade Representative, 600 17th Street, comment submitted, other than business Department of State, Washington, D.C. N.W., Washington, D.C. 20508. confidential information, may be determined by the USTR to be 20520, (202) 647–4557. FOR FURTHER INFORMATION CONTACT: confidential in accordance with section Matthew McManus, James Lyons, Associate General 135(g)(2) of the Trade Act of 1974 (19 Division Chief. Counsel, Office of the United States U.S.C. 2155(g)(2)). If the submitting [FR Doc. 99–12891 Filed 5–20–99; 8:45 am] Trade Representative, (202) 395–7305 or persons believes that information or BILLING CODE 4710±07±P Mary Latimer, Director for Korea, (202) advice may qualify as such, the 395–6813. submitting person— SUPPLEMENTARY INFORMATION: Pursuant (1) Must so designate the information OFFICE OF THE UNITED STATES to section 127(b) of the Uruguay Round or advice; TRADE REPRESENTATIVE Agreements Act (URAA) (19 U.S.C. (2) Must clearly mark the material as 3537(b)(1)), the USTR is providing ‘‘SUBMITTED IN CONFIDENCE’’ in a [Docket No. WTO/DS±161] notice that on April 15, 1999, the United contrasting color ink at the top of each WTO Dispute Settlement Proceeding States requested the establishment of a page of each copy; and Regarding KoreaÐMeasures Affecting WTO dispute settlement panel to (3) Is encouraged to provide a non- Imports of Fresh, Chilled, and Frozen examine whether Korea’s discriminatory confidential summary of the Beef retail distribution requirements for information or advice. imported beef, an additional charge not Pursuant to section 127(e) of the AGENCY: Office of the United States provided for in Korea’s Schedule of URAA (19 U.S.C. 3537(e)), the USTR Trade Representative. concessions, domestic support will maintain a file on this dispute ACTION: Notice; request for comments. payments which exceed Korea’s settlement proceeding, accessible to the reduction commitments, and other public, in the USTR Reading Room: SUMMARY: The Office of the United restrictions on market access for Room 101, Office of the United States States Trade Representative (‘‘USTR’’) is imported beef are inconsistent with the Trade Representative, 600 17th Street, providing notice of the request by the WTO obligations of Korea. The WTO N.W., Washington, D.C. 20508. The United States for the establishment of a Dispute Settlement Body (‘‘DSB’’) public file will include a listing of any dispute settlement panel under the considered the United States’ first comments received by the USTR from Marrakesh Agreement Establishing the request for the establishment of a panel the public with respect to the World Trade organization (‘‘WTO’’), to on April 28, 1999, and the United States proceeding; the U.S. submissions to the examine: (1) Korea’s retail distribution will present its second request at a panel in the proceeding, the

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.195 pfrm07 PsN: 21MYN1 27848 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices submissions, or non-confidential FAA action may be reviewed at this compatibility program are delineated in summaries of submissions, to the panel same location. FAR part 150, § 150.5. Approval is not received from other parties in the SUPPLEMENTARY INFORMATION: This a determination concerning the dispute, as well as the report of the notice announces that the FAA has acceptability of land uses under Federal, dispute settlement panel, and, if given its overall approval to the noise state, or local law. Approval does not by applicable, the report of the Appellate compatibility program for Key West itself constitute an FAA implementing Body. An appointment to review the International Airport, effective May 7, action. A request for Federal action or public file (Docket WTO/DS–161, 1999. Under section 104(a) of the approval to implement specific noise Korea—Measures Affecting Imports of Aviation Safety and Noise Abatement compatibility measures may be Fresh, Chilled, and Frozen Beef Dispute) Act of 1979 (hereinafter referred to as required, and an FAA decision on the may be made by calling Brenda Webb, ‘‘the Act’’), an airport operator who has request may require an environmental (202) 395–6186. The USTR Reading previously submitted a noise exposure assessment of the proposed action. Room is open to the public from 9:30 map may submit to the FAA a noise Approval does not constitute a a.m. to 12 noon and 1 p.m. to 4 p.m., compatibility program which sets forth commitment by the FAA to financially Monday through Friday. the measures taken or proposed by the assist in the implementation of the A. Jane Bradley, airport operator for the reduction of program nor a determination that all Assistant U.S. Trade Representative for existing noncompatible land uses and measures covered by the program are Monitoring and Enforcement. prevention of additional noncompatible eligible for grant-in-aid funding from the [FR Doc. 99–12906 Filed 5–20–99; 8:45 am] land uses within the area covered by the FAA. Where Federal funding is sought, requests for project grants must be BILLING CODE 3190±01±M revised noise exposure maps. The Act requires such programs to be developed submitted to the FAA Airports District in consultation with interested and Office in Orlando, Florida. affected parties including local Monroe County, Florida submitted to DEPARTMENT OF TRANSPORTATION communities, government agencies, the FAA on October 26, 1998, updated airport users, and FAA personnel. noise exposure maps, descriptions, and Federal Aviation Administration Each airport noise compatibility other documentation produced during the noise compatibility planning study Approval of Noise Compatibility program developed in accordance with Federal Aviation Regulations (FAR) part conducted from October 1, 1996 through Program, Key West International October 25, 1998. The Key West Airport, Key West, FL 150 is a local program, not a Federal program. The FAA does no substitute its International Airport revised noise AGENCY: Federal Aviation judgment for that of the airport exposure maps were determined by Administration, DOT. proprietor with respect to which FAA to be in compliance with applicable requirements on November 9, ACTION: Notice. measure should be recommended for action. The FAA’s approval or 1998. Notice of this determination was SUMMARY: The Federal Aviation disapproval of FAR part 150 program published in the Federal Register. Administration (FAA) announces its recommendations is measured The Key West International Airport findings on the noise compatibility according to the standards expressed in study contains a proposed noise program submitted by Monroe County, part 150 and the Act, and is limited to compatibility program comprised of Florida under the provisions of Title I the following determinations: actions designed for phased of the Aviation Safety and Noise a. The noise compatibility program implementation by airport management Abatement Act of 1979 (Pub. L. 96–193) was developed in accordance with the and adjacent jurisdictions from the date and 14 CFR part 150. These findings are provisions and procedures of FAR part of study completion to the year 2003. It made in recognition of the description 150; was requested that FAA evaluate and of Federal and nonfederal b. Program measures are reasonable approve this material as a noise responsibilities in Senate Report No. consistent with achieving the goals of compatibility program as described in 96–52 (1980). On November 9, 1998, the reducing existing noncompatible land section 104(b) of the Act. The FAA FAA determined that the revised noise uses around the airport and preventing began its review of the program on exposure maps submitted by Monroe the introduction of additional November 9, 1998, and was required by County, Florida under part 150 were in noncompatible land uses; a provision of the Act to approve or compliance with applicable c. Program measures would not create disapprove the program within 180-days requirements. On May 7, 1999, the an undue burden on interstate or foreign (other than the use of new flight Administrator approved the Key West commerce, unjustly discriminate against procedures for noise control). Failure to International Airport noise types or classes of aeronautical users, approve or disapprove such program compatibility program. Six (6) of the violate the terms of airport grant within the 180-day period shall be eight (8) proposed program measures agreements, or intrude into areas deemed to be an approval of such were fully approved. Two (2) measures preempted by the Federal Government; program. The submitted program contained were disapproved. and d. Program measures relating to the eight (8) proposed actions for noise EFFECTIVE DATE: The effective date of the use of flight procedures can be mitigation on and off the airport. The FAA’s approval of the Key West implemented within the period covered FAA completed its review and International Airport noise by the program without derogating determined that the procedural and compatibility program is May 7, 1999. safety, adversely affecting the efficient substantive requirements of the Act and FOR FURTHER INFORMATION CONTACT: Mr. use and management of the navigable FAR part 150 have been satisfied. The Tommy J. Pickering, P.E., Federal airspace and air traffic control systems, overall program, therefore, was Aviation Administration, Orlando or adversely affecting others powers and approved by the Administration Airports District Office, 5950 Hazeltine responsibilities of the Administrator effective May 7, 1999. National Drive, Suite 400, Orlando, prescribed by law. Outright approval was granted for six Florida 32822, (407) 812–6331, Specific limitations with respect to (6) of the specific program measures. Extension 29. Documents reflecting this FAA’s approval of an airport noise Two (2) measures were disapproved.

VerDate 06-MAY-99 18:56 May 20, 1999 Jkt 183247 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27849

The approval action was for the following program controls:

Noise abatement measure Description NCP pages

Operational Measures

1. Conduct a Part An FAR part 161 analysis is recommended to further study an access restriction prohibiting the op- Pgs. 6±5 to 6±7, 8± 161 analysis of an eration of non-State 3 private/corporate jet aircraft weighing less than 75,000 pounds maximum 1 and 8±6; Ta- access restriction gross weight at Key West International Airport to reduce existing noncompatible land uses and bles 6.2 and 8.1; prohibiting the op- impacted populations. The access restriction to be studied includes a transition program that and supple- eration of non- would initially prohibit such aircraft operations between the hours of 9 p.m. and 7 a.m. Two mental informa- Stage 3 jet aircraft years later, all such operations would be prohibited from operating at the airport. This access re- tion dated 02/09/ weighing less than striction is not being recommended as an operational noise abatement measure at this time. The 99. 75,000 pounds at access restriction is recommended for further study, a Part 161 analysis, and integration into a the airport. part 150 update. FAA Action: Disapproved for purposes of part 150. With full implementation of the land use measures in this NCP, the airport operator an accomplish 100 percent compatible land uses within the DNL 65dB contour. The proposal to perform a FAR part 161 study is not considered to be an eligible noise project under part 150 because it does not meet criteria described in FAA's policy statement issued in the FEDERAL REGISTER on September 16, 1996. More specifically, part 161 proposed study does not met Part 150 approval criteria of reducing noncompatible land uses beyond achievements gained by the nonrestrictive measures that are approved in this NCP. This disapproval of purposes of part 150 does not preclude the airport operator from pursuing a part 161 analysis outside the scope of the part 150 process. 2. Conduct an FAR An FAR part 161 analysis is recommended to further study an access restriction prohibiting aircraft Pgs. 6±10 to 6±12, part 161 analysis from operating at Key/West International Airport between the hours of midnight and 6 a.m. to re- 8±12 and 8±6; to further study an duce neighborhood disturbance during these hours. This access restriction is not being rec- Tables 6.2 and access restriction ommended as an operational noise abatement measure at this time. The access restriction is 8.1; and supple- prohibiting aircraft recommended for further study, a part 161 analysis, and integration into a part 150 update. mental informa- from operating at tion dated 02/09/ the airport between 99. the hours of midnight and 6:00 a.m. FAA Action: Disapproved for purposes of part 150. With full implementation of the land use measures in this NCP, the airport operator can accomplish 100 percent compatible land uses within the DNL 65dB contour. The proposal to perform a FAR part 161 study is not considered to be an eligible noise project under part 150 because it does not meet criteria described in FAA's policy statement issued in the FEDERAL REGISTER on September 16, 1996. More specifically, the part 161 proposes study does not meet part 150 approval criteria of reducing noncompatible land uses beyond achievements gained by the nonrestrictive measures that are approved in this NCP. This disapproval for purposes of part 150 does not preclude the airport operator from pursuing a part 161 analysis outside the scope of the part 150 process.

Land Use Measures

3. Provide Noise In- A program for noise insulation of existing noncompatible structures is recommended for non- Pgs 7±10 to 7±13, sulation in Ex- compatible single-family dwellings (and multi-family dwellings of four units or less) within the 8±2, 8±3 and 8± change for Aviation DNL 65+dB contour of the Year 2003 Future Condition Noise Exposure Map, With Program Im- 6; Tables 7±2 ad Easements. plementation, in exchange for an avigation easement. Priority should be given first to home- 8±1; Figures 5.2, owners located within the DM 70dB contour, and finally the homeowners located within the DNL 6.3 and 8.1; Ap- 75 dB contour, then to homeowners located within the DNL 65 dB contour. The avigation ease- pendices A and ment will remain valid until noise levels exceed those projected for the year 2003 Future Condi- B; and supple- tion Noise Exposure Map, Without Program Implementation. Eligible homeowners will be given mental informa- the option of participating in either this program or the purchase program in Measure 4 below. If tion dated 02/09/ funding is not adequate to implement both programs simultaneously this program will be offered 99. first. A program for noise insulation of noncompatible structures is also recommended for Key West High School. At the time when the high school is being renovated, measures to achieve a Noise Level Reduction (NRL) of 30 dB should be incorporated into the design and construction of all classrooms, libraries, offices, and other rooms for which nose insulation is specifically justified because of the substantial and disruptive effect of aircraft noise. FAA Action: Approved. 4. Purchase Homes, A program to purchase existing homes, provide noise insulation, then resell the homes with (Pgs. 7±8 to 7±10, Provide Noise In- avigation easements is recommended for noncompatible single-family dwellings (and multi-family 8±3, 8±4 and 8± sulation, then Re- dwellings of four units or less) within the DNL 65+dB contour of the Year 2003 Future Condition 6; Tables 7.2 and sell with Ease- Noise Exposure Map, With Program Implementation. Priority should be given first to home- 8.1; Figures 5.2, ments. owners located within the DNL 75 dB contour, then to homeowners located within the DNL 70 6.3 and 8.1; Ap- dB contour, and finally to homeowners located within the DNL 65 dB contour. The avigation pendices A and easement will remain valid until noise levels exceed those projected for the year 2003 Future B; and supple- Condition Noise Exposure Map, Without Program Implementation. Eligible homeowners will be mental informa- given the option of participating in either this program or the noise insulation program in Meas- tion dated 02/09/ ure 3 above. If funding is not adequate to implement both programs simultaneously, Measure 3 99). will be offered first. FAA Action: Approved.

VerDate 06-MAY-99 18:40 May 20, 1999 Jkt 183247 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 27850 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices

Noise abatement measure Description NCP pages

5. Update Noise In order to monitor compliance with the avigation easement noise level limit in measures 3 and 4 Pgs 7±9, 7±10, 7± Contours Annually. above, it is recommended that the County of Monroe update the Key West International Airport 13, 8±4 and 8±6; noise contours annually for comparison with the Year 2003 Future Condition Noise Exposure Tables 7.2 and Map, Without Program Implementation. 8.1; and Figure 5.2. FAA Action: Approved. 6. Rezone Vacant It is recommended that the County of Monroe direct a written request to the City of Key West to Parcels. rezone two vacant parcels to prevent noncompatible development. One parcel on the southwest corner of Flagler Avenue and 11th Street (Parcel ID # 65100.000000) would be rezoned from single family residential development (SF) to an airport noise compatible land use zoning such as limited commercial (LC). Another parcel on South Roosevelt Boulevard (Parcel ID # 65090.000100) would be rezoned from coastal low density residential (LDR±C) to an airport noise and public safety compatible land use zoning such as limited commercial (LC) Pgs 7±15, 7±16 and 8±4; Tables 7.2 and 8.1; and Figure 8.2.. FAA Action: Approved. 7. Acquire Vacant It is recommended that the vacant parcel on the southwest corner of Flagler Avenue and 11th Pgs 7±15, 7±16, 8- Parcel. Street (Parcel ID #65100.000000) be acquired to prevent noncompatible development if the City 5 and 8±6; Ta- of Key West does not rezone the parcel to an airport noise compatible land use zoning. bles 7.2 and 8.1; and Figure 8.2. FAA Action: Approved under 14 CFR part 150 with respect to the described vacant land within the DNL 65 db contour where it can be demonstrated that the property is in imminent danger of being developed noncompatibly and local controls are insufficient to prevent that development. Mitigation with respect to new noncompatible development that is allowed to occur on this property is outside the parameters of this part 150 approval. However, the FAA would encourage local government to exercise its prerogative to change the zoning to a compatible use prior to development. 8. Establish Compat- Establishment of airport noise compatible land use zoning and public safety compatible land use Pgs 7±16 to 7±18 ible Land Use Zon- zoning is recommended, as required by Florida Statutes Chapters 163 and 333. The County of and 8±5; Tales ing. Monroe will seek the cooperation of the City of Key West to establish airport noise compatible 7.2 and 8.1; and land use zoning and public safety compliance land use zoning. Figure 8.3. FAA Action: Approved.

These determinations are set forth in SUMMARY: In accordance with the Highway Policy Information, Federal detail in a Record of Approval endorsed requirement of Section 3506(c)(2)(A) of Highway Administration, 400 7th Street, by the Administrator on May 7, 1999. the Paperwork Reduction Act of 1995, SW., Washington, DC 20590–0001. The Record of Approval, as well as this notice announces the intention of Office hours are from 9:15 a.m. to 5:45 other evaluation materials and the FHWA to request the Office of p.m., e.t., Monday through Friday, documents comprising the submittal, Management and Budget (OMB) to except Federal holidays. are available for review at the FAA reinstate its clearance of an expired SUPPLEMENTARY INFORMATION: office listed above and at the information collection identified below Title: Nationwide Personal administrative office of Monroe County, under Supplementary Information. The Transportation Survey (NPTS). Florida. Nationwide Personal Transportation OMB Number: 2125–0545. Issued in Orlando, Florida, on May 10, Survey (NPTS) is conducted Background: Title 49, U.S.C. Sec. 301, 1999. periodically on behalf of the Department authorizes the DOT to collect statistical of Transportation (DOT) to obtain John W. Reynolds, Jr., information relevant to domestic information on the travel patterns of the transportation. Title 23, U.S.C. Sec. 307 Assistant Manager, Orlando Airports District American public and how travel is Office. authorizes the DOT to engage in studies changing over time. [FR Doc. 99–12952 Filed 5–20–99; 8:45 am] to collect data for planning future DATES: Comments must be submitted on BILLING CODE 4910±13±M highway programs. The data from this or before July 20, 1999. survey is used to analyze the amount ADDRESSES: All signed, written and nature of personal travel on all DEPARTMENT OF TRANSPORTATION comments should refer to the docket modes by the American public. The number that appears in the heading of information in the survey is used by Federal Highway Administration this document and must be submitted to FHWA and other DOT administrations the Docket Clerk, U.S. DOT Dockets, to evaluate travel in terms of the [Docket No. FHWA±99±5660] Room PL–401, 400 Seventh Street, SW., mobility of various subgroups; the safety Washington, DC 20590–0001. All of vehicle drivers and passengers and Notice of Request for Reinstatement of comments received will be available for pedestrians; the role of travel in an Expired Information Collection: examination at the above address economic productivity; and maintaining Nationwide Personal Transportation between 10:00 a.m. to 5:00 p.m., e.t., our mobility while protecting the Survey Monday through Friday, except Federal human and natural environment. Many holidays. Those desiring notification of changes in travel and the related social AGENCY: Federal Highway receipt of comments must include a self- patterns, such as the aging of the baby Administration (FHWA), DOT. addressed, stamped envelope or boomers, require that the DOT update postcard. the personal travel data on a periodic ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT: Ms. basis. Changes in household comments. Susan Liss, (202) 366–5060, Office of composition, the role of women, the

VerDate 06-MAY-99 18:40 May 20, 1999 Jkt 183247 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.XXX pfrm02 PsN: 21MYN1 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices 27851 location of residences and workplaces, not to interfere with the scheduled Washington County, MD, and Franklin and unique travel issues of the elderly Decennial Census. County, PA.1 are reflected in changes in local and Public Comments Invited: Interested The purpose of the trackage rights is long-distance travel. In conducting the parties are invited to send comments to allow CSXT to reroute all traffic survey, the interviewers will use regarding any aspect of this information currently moving over its own line computer-assisted telephone collection, including, but not limited to: through downtown Chambersburg and, interviewing (CATI) to reduce survey (1) The necessity and utility of the therefore, eliminate a number of at- length and minimize recording errors. information collection for the proper grade crossings and improve safety in The FHWA and its survey contractors performance of the functions of the Chambersburg.2 However, before these will ensure that personal identifying FHWA; (2) the accuracy of the estimated trackage rights can be implemented by information is not included in the final burden; (3) ways to enhance the quality, CSXT, Conrail must make over $8 data and that the survey results will be utility, and clarity of the collected million in rail and signal improvements used for statistical purposes only. This information; and (4) ways to minimize on its line that will allow for faster and survey will be coordinated with the the collection burden without reducing more efficient operations. Accordingly, American Travel Survey (ATS), the quality of the collected information. consummation will not occur until conducted by the Bureau of Comments submitted in response to this these improvements are made. The Transportation Statistics, which collects notice will be summarized and/or earliest the transaction could have been data on longer trips of approximately 50 included in the request for OMB’s consummated was May 10, 1999, the miles or more over a one-month period. clearance of this information collection. effective date of the exemption (7 days The data collected in the NPTS and the Electronic Availability: An electronic after the exemption was filed.) ATS will allow transportation copy of this document may be As a condition to this exemption, any professionals at the Federal, state and downloaded using a modem and employees affected by the trackage metropolitan levels to make informed suitable communications software from rights will be protected by the decisions about policies and plans. the Federal Register electronic bulletin conditions imposed in Norfolk and Respondents: The household is the board service (telephone number: 202– Western Ry. Co.—Trackage Rights—BN, unit of observation, and approximately 512–1661). Internet users may reach the 354 I.C.C. 605 (1978), as modified in 25,000 households will complete the Federal Register’s WWW site at http:// Mendocino Coast Ry., Inc.—Lease and survey. Participation in the survey is www.access.gpo.gov/suldocs. Operate, 360 I.C.C. 653 (1980). voluntary. The survey households will This notice is filed under 49 CFR be selected randomly by phone number. Authority: 23 U.S.C. 307; 49 CFR 1.48. 1180.2(d)(7). If it contains false or On the first call, certain basic Issued on: May 14, 1999. misleading information, the exemption information about the household is Michael J. Vecchietti, is void ab initio. Petitions to revoke the collected. During this initial contact, a Director, Office of Information and exemption under 49 U.S.C. 10502(d) specific date is assigned and travel Management Services. may be filed at any time. The filing of diaries are sent for each household [FR Doc. 99–12823 Filed 5–20–99; 8:45 am] a petition to revoke will not member to record a few items of BILLING CODE 4910±22±P automatically stay the transaction. information for every trip they take on An original and 10 copies of all that date. The day after the specified pleadings, referring to STB Finance date, the second contact is made with DEPARTMENT OF TRANSPORTATION Docket No. 33724, must be filed with the household to collect information the Surface Transportation Board, Office recorded in their travel diaries. For Surface Transportation Board of the Secretary, Case Control Unit, 1925 children, an adult household member K Street, NW, Washington, DC 20423– will be asked to report their travel. The [STB Finance Docket No. 33724] 0001. In addition, a copy of each household will be asked to provide the odometer reading of each household CSX Transportation, Inc.ÐTrackage 1 The line in question will be allocated to Rights ExemptionÐConsolidated Rail Pennsylvania Lines, LLC, and operated by Norfolk vehicle at the time of the interview. A Southern Railway Company (NSR) upon the third contact, about two months later, Corp. division of Conrail’s assets between CSXT and NSR will be made to collect another pursuant to CSX Corporation and CSX odometer reading on each household Consolidated Rail Corporation Transportation, Inc., Norfolk Southern Corporation vehicle. (Conrail) has agreed to grant overhead and Norfolk Southern Railway Company—Control trackage rights to CSX Transportation, and Operating Leases/Agreements—Conrail, Inc. Estimated Average Burden Per and Consolidated Rail Corporation, STB Finance Response: The estimated burden per Inc. (CSXT), over main line trackage of Docket No. 33388 (STB served July 23, 1998). household averages 70 minutes, which Conrail between the connection of the Accordingly, NSR has participated in the includes interviewing an average of 2.6 parties at Town Tower, Hagerstown, negotiations for these trackage rights and has agreed MD, at or near milepost CR–73.7 to the to its terms. persons per household. The burden per 2 Conrail connection at CP Ship, at or This proceeding is related to CSX person averages 20 minutes for the Transportation, Inc.—Abandonment Exemption—in interview and another 7 minutes for near milepost CR–40.1, including Franklin County, PA, STB Docket No. AB–55 (Sub- keeping the diary and writing the necessary head and tail room, and No. 568X) (STB served Mar. 9, 1999), in which the thence to the connection point between Board exempted under 49 U.S.C. 10502 from prior odometer readings. approval requirements of 49 U.S.C. 10903 the Estimated Total Annual Burden: The the parties at Lurgan, PA, at or near abandonment by CSXT of its rail line between 4th estimated total annual burden hours is milepost CR–42.2. These trackage rights Street and Commerce Street in Chambersburg, 29,250. include the right for CSXT to enter or subject to public use, trail use, and standard exit the trackage at the connection of the employee protective conditions. Subsequent to the Frequency: The survey has been March 9 decision, an offer of financial assistance conducted by the DOT periodically parties at Chambers 5 Industrial Park, was filed by Frederick A. Fox, Kaye A. Fox, since 1969. At the time of the most Chambersburg, PA, at or near milepost Frederick Armstrong Fox and Karla M. Fox (the recent survey in 1995, it was decided CR–53.0, including sufficient operating offerors). CSXT has agreed to sell the line between head room for CSXT trains to access the Main Street and South Street to the offerors once that the survey would be conducted the trackage rights involved in this proceeding have again in the year 2000. The NPTS 2000 Industrial Park. The total distance of the been implemented. By decision served May 7, 1999, will be conducted after June 2000 so as trackage rights is 35.7 miles in the acquisition was authorized.

VerDate 06-MAY-99 12:51 May 20, 1999 Jkt 183247 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\A21MY3.029 pfrm07 PsN: 21MYN1 27852 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Notices pleading must be served on Charles M. effective on June 20, 1999, unless stayed By the Board, David M. Konschnik, Rosenberger, CSX Transportation, Inc., pending reconsideration. Petitions to Director, Office of Proceedings. 500 Water Street (J150), Jacksonville, FL stay that do not involve environmental Vernon A. Williams, 32202. issues,1 formal expressions of intent to Secretary. Board decisions and notices are file an OFA under 49 CFR [FR Doc. 99–12782 Filed 5–20–99; 8:45 am] 2 available on our website at 1152.27(c)(2), and trail use/rail banking BILLING CODE 4915±00±P ‘‘WWW.STB.DOT.GOV.’’ requests under 49 CFR 1152.29 must be Decided: May 14, 1999. filed by June 1, 1999. Petitions to reopen or requests for public use conditions By the Board, David M. Konschnik, DEPARTMENT OF TRANSPORTATION Director, Office of Proceedings. under 49 CFR 1152.28 must be filed by June 10, 1999, with: Surface Bureau of Transportation Statistics Vernon A. Williams, Transportation Board, Office of the [Docket No. BTS±99±5696] Secretary. Secretary, Case Control Unit, 1925 K [FR Doc. 99–12872 Filed 5–20–99; 8:45 am] Street, N.W., Washington, DC 20423. Request for Reinstatement of an BILLING CODE 4915±00±P A copy of any petition filed with the Expired Information Collection: Board should be sent to applicant’s American Travel Survey representative: Charles M. Rosenberger, DEPARTMENT OF TRANSPORTATION Senior Counsel, CSX Transportation, AGENCY: Bureau of Transportation Inc., 500 Water Street J150, Jacksonville, Statistics (BTS), DOT. Surface Transportation Board FL 32202. If the verified notice contains ACTION: Notice and request for [STB Docket No. AB±55 (Sub±No. 574X)] false or misleading information, the comments. exemption is void ab initio. CSX Transportation, Inc.Ð CSXT has filed an environmental SUMMARY: The American Travel Survey Abandonment ExemptionÐin Harlan report which addresses the (ATS) provides information on the County, KY abandonment’s effects, if any, on the travel patterns of the American public environment and historic resources. The and how travel is changing over time. In CSX Transportation, Inc. (CSXT) has Section of Environmental Analysis accordance with the requirements of the filed a notice of exemption under 49 (SEA) will issue an environmental Paperwork Reduction Act of 1995, BTS CFR 1152 Subpart F—Exempt assessment (EA) by May 26, 1999. intends to request clearance from the Abandonments to abandon an Interested persons may obtain a copy of Office of Management Budget (OMB) for approximately 1.05-mile line of its the EA by writing to SEA (Room 500, this information collection. railroad between milepost OYC–250.40 Surface Transportation Board, DATES: Comments must be submitted by at Evarts and milepost OYC–251.45 at Washington, DC 20423) or by calling July 20, 1999. Woods, in Harlan County, KY. The line SEA, at (202) 565–1545. Comments on ADDRESSES: All signed, written traverses United States Postal Service environmental and historic preservation Zip Code 40828. comments should refer to the docket matters must be filed within 15 days number that appears in the heading of CSXT has certified that: (1) No local after the EA becomes available to the traffic has moved over the line for at this document and must be submitted to public. the Docket Clerk, U.S. DOT Dockets, least 2 years; (2) there is no overhead Environmental, historic preservation, Room PL–401, 400 Seventh Street, SW., traffic on the line; (3) no formal public use, or trail use/rail banking Washington, DC 20590–0001. All complaint filed by a user of rail service conditions will be imposed, where comments received will be available for on the line (or by a state or local appropriate, in a subsequent decision. government entity acting on behalf of Pursuant to the provisions of 49 CFR examination at the above address such user) regarding cessation of service 1152.29(e)(2), CSXT shall file a notice of between 10:00 a.m. to 5:00 p.m., E.T., over the line either is pending with the consummation with the Board to signify Monday through Friday, except Federal Surface Transportation Board (Board) or that it has exercised the authority holidays. Those desiring notification of with any U.S. District Court or has been granted and fully abandoned the line. If receipt of comments must include a self- decided in favor of complainant within consummation has not been effected by addressed, stamped envelope or the 2-year period; and (4) the CSXT’s filing of a notice of postcard. requirements at 49 CFR 1105.7 consummation by May 21, 2000, and FOR FURTHER INFORMATION CONTACT: Ms. (environmental reports), 49 CFR 1105.8 there are no legal or regulatory barriers Heather Contrino, MacroSys Research (historic reports), 49 CFR 1105.11 to consummation, the authority to and Technology for the Bureau of (transmittal letter), 49 CFR 1105.12 abandon will automatically expire. Transportation Statistics, phone: (202) (newspaper publication), and 49 CFR Board decisions and notices are 366–6584, fax: (202) 366–3640, 1152.50(d)(1) (notice to governmental available on our website at [email protected], Office of agencies) have been met. ‘‘WWW.STB.DOT.GOV.’’ Statistical Programs and Services, Bureau of Transportation Statistics, 400 As a condition to this exemption, any Decided: May 14, 1999. employee adversely affected by the 7th Street, SW., Washington, DC 20590– 0001. abandonment shall be protected under 1 The Board will grant a stay if an informed Oregon Short Line R. Co.— decision on environmental issues (whether raised SUPPLEMENTARY INFORMATION: Abandonment—Goshen, 360 I.C.C. 91 by a party or by the Board’s Section of Title: American Travel Survey (ATS). (1979). To address whether this Environmental Analysis in its independent OMB Number: 2139-New. investigation) cannot be made before the condition adequately protects affected exemption’s effective date. See Exemption of Out- Needs and Uses: Under 49 U.S.C. 111, employees, a petition for partial of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any BTS is authorized to and responsible for revocation under 49 U.S.C. 10502(d) request for a stay should be filed as soon as possible collecting data related to the must be filed. Provided no formal so that the Board may take appropriate action before performance of the nation’s the exemption’s effective date. expression of intent to file an offer of 2 Each offer of financial assistance must be transportation systems. The American financial assistance (OFA) has been accompanied by the filing fee, which currently is Travel Survey provides data on the received, this exemption will be set at $1000. See 49 CFR 1002.2(f)(25). interregional flows of passenger travel.

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Similar data is collected by the Travel information about the household. The ways to enhance the quality, utility, and Industry Association (TIA), however the household will be given a specific clarity of the collected information; and information is proprietary, is focused on reporting period and household (4) ways to minimize the collection the travel and tourism industry, and members will receive calendars and burden without reducing the quality of excludes data on shorter distance trips. instructions. Each household member the collected information. Comments BTS and DOT will use the information will be asked to record all trips over 50 submitted in response to this notice will to analyze the volumes and patterns of miles taken during the reporting period. be summarized and included in the travel, the safety risks associated with The day after the end of the reporting request for OMB’s clearance of this travel, the role of travel in economic period, BTS will contact the household information collection. productivity, and the accessibility of to collect information on their trips Electronic Availability: An electronic transportation services. The data are made over the past two to six weeks. For copy of this document may be also used in a number of ways by other children, an adult household member downloaded using a modem and Federal agencies, State and local will be asked to report their travel. In suitable communications software from governments, transportation-related the pretest, 2,000 households will be the Federal Register electronic bulletin associations, private businesses, and interviewed and appropriate reporting board service (telephone number: 202– consumers to better understand the periods and improved methods for 512–1661). Internet users may reach the amount and nature of personal travel by reducing burden will be evaluated. A Federal Register’s web site at http:// the American public. total of two interviews will take place in www.access.gpo.gov/suldocs. Because travel patterns change over both the pretest and the full survey. In Susan Lapham, time, BTS must update its information the first interview (household Acting Associate Director for Statistical periodically. For instance, the aging of interview), information about the Programs and Services the baby boomers, changes in household household will be obtained from one [FR Doc. 99–12822 Filed 5–20–99; 8:45 am] composition, and changes in the roles of member of the household. In the second BILLING CODE 4910±FE±P women will likely affect long-distance interview (trip retrieval interview), travel patterns. Therefore, BTS plans to information on trips taken during the conduct this survey every five years. reporting period will be obtained from The first was conducted in 1995 by the all household members. DEPARTMENT OF THE TREASURY U.S. Census Bureau under a contract Estimated Average Burden per with BTS and was approved under OMB Response: The estimated average time Office of Thrift Supervision number 0607–0792. per person to complete the household This survey will be coordinated with interview is 9 minutes per household [AC±8: OTS No. 3862] the Nationwide Personal Travel Survey and it is estimated that the burden for (NPTS) conducted by DOT’s Federal the trip retrieval interview is 8 minutes Florida Parishes Bank, Hammond, LA; Highway Administration. The NPTS per person. One member of each Approval of Conversion Application collects detailed data on all trips, but household will participate in both since it includes a one-day travel period Notice is hereby given that on May 13, interviews for a total of 17 minutes. The its focus is on daily local travel. In 1999, the Director, Office of contrast, the focus of the ATS is on remaining household members will Examination and Supervision, Office of longer distance travel with an expected participate in the trip retrieval interview Thrift Supervision, or his designee, travel period ranging from four to six of 8 minutes per person. acting pursuant to delegated authority, weeks. Together, the surveys will Estimated Total Annual Burden: approved the application of Florida provide a comprehensive picture of Including screener attempts, partially Parishes Bank, Hammond, Louisiana, to travel, allowing transportation completed interviews, and trip convert to the stock form of professionals to make more informed recording burden, the estimated total organization. Copies of the application decisions. burden for the pretest is 2,516 hours, 32, are available for inspection at the In conducting the survey, the 712 hours for the full survey, and 1,640 Dissemination Branch, Office of Thrift interviewers would use computer- hours for the non-response follow up Supervision, 1700 G Street, NW, assisted telephone interviewing (CATI) survey. This assumes an average of 2.6 Washington, DC 20552, and the to reduce survey length and minimize persons per household and equates to a Midwest Regional Office, Office of recording errors. The information total annual burden of 36,868 hours. Thrift Supervision, 122 W. John obtained from households will only be Public Comments Invited: BTS Carpenter Freeway, Suite 600, Irving, used for statistical purposes and will requests comments regarding any aspect Texas 75039–2010. of this information collection, not be disclosed or used in identifiable Dated: May 18, 1999. form for any other purposes. including, but not limited to: (1) The Respondents: Approximately 26,000 necessity and utility of the information By the Office of Thrift Supervision. households, selected randomly by collection for the proper performance of Nadine Y. Washington, phone number, will complete the the functions of the Bureau of Corporate Secretary. survey. Their participation is voluntary. Transportation Statistics; (2) the [FR Doc. 99–12946 Filed 5–20–99; 8:45 am] On the first call, BTS will collect basic accuracy of the estimated burden; (3) BILLING CODE 6720±01±P

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Corrections Federal Register Vol. 64, No. 98

Friday, May 21, 1999

This section of the FEDERAL REGISTER ‘‘SW’’ should read ‘‘CW’’; and in the Tuesday, May 18, 1999, make the contains editorial corrections of previously second line, ‘‘§ 472.18’’ should read following correction: published Presidential, Rule, Proposed Rule, ‘‘§ 742.18’’. and Notice documents. These corrections are On page 26843, in the first column, [FR Doc. C9–12281 Filed 5–20–99; 8:45 am] prepared by the Office of the Federal under the heading, SUPPLEMENTARY Register. Agency prepared corrections are BILLING CODE 1505±01±D INFORMATION, in the fifth line issued as signed documents and appear in ‘‘FMY’’ should read ‘‘FAP’’. the appropriate document categories [FR Doc. C9–12394 Filed 5-20-99; 8:45 am] elsewhere in the issue. DEPARTMENT OF HEALTH AND HUMAN SERVICES BILLING CODE 1505±01±D Semiannual Agenda of Federal DEPARTMENT OF COMMERCE Regulatory and Deregulatory Actions DEPARTMENT OF TRANSPORTATION

Bureau of Export Administration Unified Agenda document 99–7567, Federal Aviation Administration pages 21196–21301, in the issue of April 15 CFR Part 774 26, 1999, is corrected by issuing a 14 CFR Part 39 [Docket No. 990416098±9098±01] separately published supplement distributed with the May 21, 1999 issue [Docket No. 99-SW-11-AD; Amendment 39- RIN 0694±AB67 of the Federal Register. The supplement 11113; AD 99-08-07] corrects, republishes and replaces in full Implementation of the Chemical pages 21196–21301, which were Weapons Convention; Revisions to the originally published as part VIII of the RIN 2120-AA64 Export Administration Regulations April 26, 1999 issue of the Federal Register. Airworthiness Directives; McDonnell Correction Douglas Helicopter Systems (MDHS) In rule document 99–12281, Model 369E, 369FF, 500N, and 600N beginning on page 27138 in the issue of DEPARTMENT OF HEALTH AND Helicopters Tuesday, May 18, 1999, make the HUMAN SERVICES following corrections: Correction 1. On page 27148, in the first column, Food and Drug Administration Document 99-8408 was inadvertently under the heading License Exceptions, in the paragraph designated Related 21 CFR Part 178 published in the Proposed Rules section of Tuesday, April 6, 1999, beginning on Controls:, the fourth and fifth lines, [Docket No. 92F-0285] beginning ‘‘a.7.’’ and ‘‘a.8.’’ respectively, page 16656. It should have appeared in should be removed from column one Indirect Food Additives: Adjuvants, the Rules and Regulations section. and inserted into column two, under the Production Aids, and Sanitizers [FR Doc. 99-8408 Filed 5-20-99; 8:45 am] paragraph designation Items:, after the BILLING CODE 1505±01±D eighth line. Correction 2. On page 27150, in the table, in the In rule document 99–12394, first entry, in the first and third lines, beginning on page 26842, in the issue of

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DEPARTMENT OF JUSTICE law, incorporates additional extreme How Did the Service Propose To hardship factors relevant to battered Implement Provisions of Section 203 of Immigration and Naturalization Service spouses and children, creates a NACARA? rebuttable presumption of extreme On November 24, 1998, the 8 CFR Parts 103, 208, 240, 246, 274a, hardship for NACARA-eligible ABC 299 Department of Justice published a class members who submit completed proposed rule to implement certain [INS No. 1915±98; AG Order No. 2224±99] applications, sets forth relevant aspects of section 203 of NACARA in eligibility criteria, creates procedures for the Federal Register at 63 FR 64895. RIN 1115±AF14 adjudicating suspension of deportation The proposed rule would grant asylum and special rule cancellation of removal officers jurisdiction to adjudicate certain Suspension of Deportation and Special cases before the Service, and provides Rule Cancellation of Removal for NACARA cases, create a new NACARA for the referral of certain cases to the application form, and outline the Certain Nationals of Guatemala, El Immigration Court. Salvador, and Former Soviet Bloc eligibility criteria for obtaining relief, as Countries DATES: Effective date: This interim rule well as the process for submitting an is effective June 21, 1999. application to the Service and AGENCY: Immigration and Naturalization processing procedures. The proposed Comment date: Written comments Service and Executive Office for rule would also codify the factors from must be submitted on or before July 20, Immigration Review, Justice. relevant case law generally considered 1999. ACTION: Interim rule with request for in evaluating extreme hardship claims. comments. ADDRESSES: Please submit written Comments were requested from the comments in triplicate to the Director, public by January 25, 1999. SUMMARY: This rule implements section Policy Directives and Instructions In response to the proposed rule, the 203 of the Nicaraguan Adjustment and Branch, Immigration and Naturalization Department received over 400 Central American Relief Act (NACARA). Service, 425 I Street, NW, Room 5307, comments from a wide range of It amends the Department of Justice Washington, DC 20536. To ensure community organizations, legal service (Department) regulations by offering proper handling, please reference INS providers, advocacy groups, members of certain beneficiaries of section 203 of No. 1915–98 on your correspondence. Congress, the private bar, and NACARA who currently have asylum Comments are available for public individuals. The comments offered applications pending with the inspection at the above address by suggestions for revising and Immigration and Naturalization Service calling (202) 514–3048 to arrange for an streamlining the adjudication and (Service), and their qualified appointment. application process, providing dependents, the option of applying to alternative legal interpretations for FOR FURTHER INFORMATION CONTACT: For the Service for suspension of certain eligibility issues, and advocating matters relating to the Immigration and deportation or cancellation of removal various policy interpretations with Naturalization Service: Joanna Ruppel, under the statutory requirements set regard to implementation of section 203 International Affairs, Department of forth in NACARA (‘‘special rule of NACARA. The vast majority of Justice, Immigration and Naturalization cancellation of removal’’). comments, however, urged the Service, 425 I Street NW, ULLICO Bldg., Described in very general terms, both Department to create a mandatory third floor, Washington, DC 20536, suspension of deportation and special finding of extreme hardship for telephone number (202) 305–2663. For rule cancellation of removal are forms of NACARA beneficiaries, particularly for matters relating to the Executive Office discretionary relief that, if granted, those ABC class members who are for Immigration Review: Chuck Adkins- permit an individual subject to eligible for relief under section 203 of Blanch, Acting General Counsel, deportation or removal to remain in the NACARA. United States as a lawful permanent Executive Office for Immigration resident alien. Integrating the processing Review, Suite 2400, 5107 Leesburg Pike, Why Is the Service Issuing an Interim of certain applications under NACARA Falls Church, VA 22041, telephone Rule With Requests for Comments? into the Service’s Asylum Program will number (703) 305–0470. The Department has reviewed all the provide an efficient process for SUPPLEMENTARY INFORMATION: comments submitted in response to its considering the suspension of proposed rule carefully and, in deciding deportation and special rule I. Background which comments to incorporate, has cancellation of removal applications of What Is Section 203 of the Nicaraguan kept in mind the ameliorative purposes most of the approximately 240,000 Adjustment and Central American of NACARA. Many suggestions from the registered class members of the Relief Act? public have been incorporated, American Baptist Churches v. particularly with regard to streamlining Thornburgh (ABC) litigation and certain Section 203 of the Nicaraguan the application form and clarifying other beneficiaries of NACARA who Adjustment and Central American certain aspects of the application and have asylum applications pending with Relief Act (NACARA), enacted as title II adjudication process. With respect to the Service, as well as their qualified of Pub. L. 105–100 (111 Stat. 2160, alternative legal interpretations of family members. The Immigration Court 2193) (as amended by the Technical eligibility requirements and other will retain exclusive jurisdiction over Corrections to the Nicaraguan substantive matters, the Department has most suspension of deportation and Adjustment and Central American made those changes that comport with special rule cancellation of removal Relief Act, Pub. L. 105–139 (111 Stat. the Immigration and Nationality Act applications submitted by NACARA 2644)), permits certain Guatemalans, (the Act) and NACARA. beneficiaries who have been placed in Salvadorans, and nationals of former Some of the substantive legal deportation or removal proceedings. Soviet bloc countries to apply for recommendations, however, exceed the This rule also codifies the relevant suspension of deportation or scope of the law and could not be factors and standards for extreme cancellation of removal under special included in the interim rule. This is hardship identified within existing case provisions set forth in that section. particularly true with regard to the

VerDate 06-MAY-99 13:06 May 20, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\A21MY0.009 pfrm03 PsN: 21MYR2 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27857 resolution of the extreme hardship II. Discussion of Comments before the Immigration Court or the issue. As will be explained in greater Jurisdiction Board of Immigration Appeals (Board) detail, the Department has determined were administratively closed or that it would be inconsistent with both Jurisdiction Over NACARA Applications continued, including those class the Act and NACARA to adopt a Several commenters requested that members with final orders of conclusive finding of extreme hardship the Service be given initial jurisdiction deportation or removal who have filed for all NACARA applicants, as well as over all applications for suspension of and been granted NACARA motions to for the more limited group of ABC class deportation and special rule reopen under 8 CFR 3.43. An individual members. The Department has cancellation of removal under in this category is eligible to file a determined, however, that a more NACARA. One comment stated that the NACARA application with the Service if limited approach is most consistent Service should have jurisdiction over the individual is eligible for the benefits with the requirement that suspension of applications of individuals whose of the ABC settlement agreement, has deportation and cancellation of removal asylum applications were adjudicated not already had a de novo adjudication cases be adjudicated on a case-by-case under the terms of the ABC settlement of the asylum claim by the Service basis. This rule, therefore, creates a agreement while NACARA was under pursuant to the agreement, and has not rebuttable presumption of extreme legislative consideration, but before it moved for and been granted a motion to hardship for those ABC class members passed, and also over individuals who recalendar proceedings before the who are eligible to apply for relief under have no mechanism for applying with Immigration Court or the Board to section 203 of NACARA. The the Service, such as those who request suspension of deportation. Under the second exception, a presumption will not apply to nationals registered for Temporary Protected qualified family member of an from the former Soviet bloc countries or Status (TPS), but never applied for any NACARA dependents. individual who has a section 203 asylum. NACARA application pending with the Because the adoption of a rebuttable The Department will not change the Service, or who has been granted relief presumption represents a significant jurisdictional scheme initially proposed, under that provision, may move to close shift from the proposed rule, the as it is the best way for ensuring timely Department has determined that an the proceedings before the Immigration resolution of NACARA applications. As Court in order to apply with the Service. additional comment period is needed. explained in greater detail in the However, due to the substantial number Administrative efficiency will likely be supplementary information published enhanced where family members have of aliens eligible to apply for relief with the proposed rule, administrative similar claims and there are strong under section 203 of NACARA, the efficiency is and has always been the policy reasons based on family unity to Department finds that there is good Department’s primary consideration in make this exception to the general cause to avoid further delay in allowing delineating jurisdiction. 63 FR 64895 jurisdiction rule. applications by issuing this regulation (November 24, 1998). Distributing the The Department also declines to as an interim rule. 5 U.S.C. 553. NACARA caseload between the adopt the proposal that the Service be How Are the Comments to the Proposed Executive Office for Immigration given jurisdiction over applications of Rule Addressed in This Interim Rule? Review (EOIR) and the Service’s individuals who have neither applied Asylum Program increases the for asylum with the Service nor have Given the large number of comments Department’s ability to resolve cases been placed in immigration proceedings and the variety of issues addressed, the quickly, because, in the vast majority of before the Immigration Court. The discussion of the comments is divided cases, a NACARA application will be Department is concerned that such an into the general categories of heard by the agency that also has expansion of the Service’s jurisdiction jurisdiction, initial and substantive jurisdiction over an applicant’s pending would result in a large number of eligibility requirements, application asylum application. For those persons fraudulent applications being filed procedures, adjudication procedures, with asylum claims currently pending solely for the purposes of obtaining and revisions to the form that will before the Service, the rule permits employment authorization, and thereby generally be used to request relief under concurrent adjudication of the asylum expose the Asylum Program to a section 203 of NACARA, Form I–881, and NACARA applications. If an recurrence of the same problems that ‘‘Application for Suspension of applicant is granted either asylum or necessitated asylum reform in 1995. Deportation or Special Rule NACARA relief, it will be unnecessary Concerns regarding fraud arise Cancellation of Removal (pursuant to to refer his or her case to the because an applicant for suspension of section 203 of Public Law 105–100 Immigration Court. It would be deportation or special rule cancellation (NACARA)).’’ Within each category, the administratively inefficient to transfer of removal will be entitled to apply discussion contains a brief summary of the cases of individuals currently in immediately for and be granted relevant comments, the Department’s immigration proceedings, including employment authorization. The responses, and the changes made to the ABC class members whose asylum determination of eligibility for rule or form. applications have already been given a employment authorization will Additionally, this interim rule at 8 de novo adjudication by the Service, necessarily be made by Service Center CFR part 246 gives asylum office back to the Service solely for a personnel based solely on a written directors the same authority currently NACARA adjudication and would delay application. However, an asylum office accorded district directors to rescind the resolution of their cases. must accurately verify whether an adjustment of status granted to an The interim rule does include two individual is an ABC class member and individual by an asylum officer in cases exceptions to the general rule that registered for ABC benefits. Verification in which the individual is later found to individuals in proceedings before the of ABC class membership and have been ineligible for adjustment of Immigration Court may apply for relief registration is a time consuming process status. This interim rule also outlines under section 203 of NACARA only that, because of limitations in the certain conditions and consequences of before the Immigration Court. The first registration databases, often cannot be filing an application for NACARA relief exception covers those registered ABC done without interviewing the at 8 CFR 240.63(d). class members whose proceedings individual. If the affirmative process is

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Therefore, an asylum office’s agreement if the Service failed to serve class member, could easily submit a ability to issue charging documents them properly with required notices. fraudulent application for relief under upon request necessarily depends on Paragraphs (a)(1) and (2) of § 240.62 section 203 of NACARA and be granted the resources of the asylum office, the give the Service jurisdiction over employment authorization. number of applications for suspension applications for suspension of Restricting the availability of the of deportation or special rule deportation or special rule cancellation affirmative NACARA process to certain cancellation of removal initially filed by of removal filed by registered ABC class categories of NACARA beneficiaries NACARA beneficiaries, the number of members who, in the Service’s who have pending asylum applications affirmative asylum applications the determination, are eligible for benefits with the Service and those who have a asylum office must adjudicate within of the settlement agreement and whose qualified relative whose asylum the time limits imposed by statute, and asylum applications are still pending application has been adjudicated by the other program requirements, such as the adjudication by the Service. To be Service or is pending with the Service number of credible fear and reasonable eligible for the benefits of the settlement ensures that the Service has an existing fear interviews requested of the office. agreement, a registered class member record of the applicant or the The Department will be in a better must have filed for asylum by a applicant’s qualified relative before he position to determine the feasibility of specified date. Consistent with the or she is able to apply for affirmative issuing charging documents upon settlement agreement, the Service has relief under section 203 of NACARA. request after the affirmative program has allowed a very small number of This restriction minimizes the Asylum begun and allocation of resources based Salvadoran class members who Program’s vulnerability to fraud and on the number of NACARA applications registered for ABC benefits, but missed avoids diverting resources from the filed each month can be evaluated more the requisite asylum filing date, to apply adjudication process in order to verify accurately. for asylum under the terms of the the status of each new applicant settlement agreement. Such applications claiming to be a registered ABC class Jurisdiction—‘‘Still Pending are permissible where the Service member. This allows the Service to Adjudication by the Service’’ determines that it failed to send those focus on resolving the status of the Several commenters requested that individuals a copy of Notice 5, as approximately 240,000 registered ABC the regulations clarify what is meant by required by the settlement agreement. class members who have asylum ‘‘still pending adjudication by the Under the settlement agreement, the applications pending with the Service Service’’ for purposes of determining Service was obligated to send Notice 5, and their qualified relatives. who is eligible to apply with the which informed class members that they Service. had to apply for asylum on or before Process for Placing NACARA Section 240.62(a) of the proposed rule January 31, 1996, in order to retain Beneficiaries Ineligible to Apply With provides for Service jurisdiction over benefits of the settlement agreement, to the Service Into Removal Proceedings certain applicants whose asylum Salvadoran class members who had One commenter requested that the applications are ‘‘pending adjudication applied for TPS. To date, the Service regulations provide a mechanism for by the Service’’ at the time the has not excepted any other class those who are not eligible to apply with applicants apply for relief under members from the asylum filing the Service to receive charging NACARA. For the sake of clarity, the deadlines for any other reason. documents placing them in removal interim rule contains a definition of this However, the Department included the proceedings where they may apply for phrase at § 240.60. An asylum broad language in § 240.62(a)(1) and (2), special rule cancellation of removal application will be considered ‘‘pending ‘‘or otherwise met the asylum before the Immigration Court. adjudication by the Service,’’ if the application filing deadline pursuant to The Department recognizes that Service has not served the applicant the ABC settlement agreement,’’ to registered ABC class members who with a final decision or referred the enable the Service to maintain never applied for asylum and who have application to the Immigration Court. jurisdiction over a class member who not been placed in immigration This means that, unless the Service has demonstrates that he or she did not proceedings are unable to apply for served the applicant with a final meet the requisite filing deadline special rule cancellation of removal decision to grant asylum or deny because of some fault of the Service, unless the Service places them in asylum, or has served the applicant with such as failure to serve certain required removal proceedings by issuing documents referring his or her notices. The burden is on the class charging documents. An individual may application to the Immigration Court, member, however, to establish that the request that the district office with the asylum application will be Service was at fault. jurisdiction place him or her in considered pending with the Service, The Department declines to adopt the proceedings, but the Service retains even if a final decision has been made definition recommended in the prosecutorial discretion to determine by the Service, but not yet served on the comments because it would not afford the priority status of such a request. The applicant. the necessary flexibility that may benefit Department is considering the the ABC class. The Department takes possibility of having the asylum offices Jurisdiction—Scope of ABC Class this action with the understanding that, issue charging documents to registered Members’ Eligibility to File With the pursuant to current practice and as ABC class members who request to be Service documented in the ABC Procedures placed into proceedings and who Several commenters requested that Manual that is used by field personnel provide sufficient information for the the regulations clarify the statement in implementing the ABC settlement Service to issue the charges. The ‘‘otherwise met the asylum filing agreement, the Service will extend the preparation and service of charging deadline pursuant to the ABC settlement asylum filing deadline if it determines documents is labor intensive and would agreement,’’ contained in § 240.62(a). that a Salvadoran class member who require diverting resources from the The commenters recommended that the applied for temporary protected status adjudication of applications filed by the phrase be interpreted to mean that was not properly sent Notice 5.

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Initial Eligibility previously commenced deportation removal procedures in those cases proceedings, they likely would in this where an evidentiary hearing in the Advance Parole and Eligibility to Apply circumstance because these individuals exclusion process had not commenced for NACARA became applicants for admission upon prior to April 1, 1997, pursuant to Several commenters disagreed with their return to the United States under section 309(c)(2) of IIRIRA; or (2) the Department’s determination that advance parole, and the deportation terminating exclusion proceedings NACARA beneficiaries in deportation charges contained in the show cause where there has not been a final proceedings who had previously left the orders previously issued in their cases administrative decision and reinitiating country and returned under a grant of are no longer applicable. See Matter of them as removal proceedings, as advance parole are ineligible for Brown, 18 I & N Dec. 324 (BIA 1982). provided for under section 309(c)(3) of NACARA relief. They argued that, while In these narrow set of circumstances, it IIRIRA. such persons may be ineligible for is appropriate to consider the Courts have consistently stated that suspension of deportation, they should deportation proceedings against an suspension of deportation is unavailable be eligible to apply for special rule individual who departed and returned to persons in exclusion proceedings, see cancellation of removal by virtue of to the United States under a grant of Matter of Torres, 19 I & N 371, 372–73 their status of inadmissibility. advance parole while those deportation (BIA 1986); Landon v. Plasencia, 459 For aliens present in the United proceedings were pending as having U.S. 21, 26–27, 103 S.Ct. 321, 325–26, States, a grant of advance parole under terminated as of the date of the person’s 74 L.Ed.2d 21 (1982) (‘‘[T]he alien who section 212(d)(5) of the Act permits the departure from the United States. If the loses his right to reside in the United individual to leave the United States Service determines that such an States in a deportation hearing has a temporarily with advance permission to applicant is eligible for relief under number of substantive rights not return to the United States. Upon section 203 of NACARA, the applicant expiration of parole, however, the available to the alien who is denied will be granted special rule cancellation admission in an exclusion statute requires that an applicant must of removal. If the applicant is not be ‘‘dealt with in the same manner as proceeding’[including the right to] seek granted NACARA relief and is not suspension of deportation.’’), even if the that of any other applicant for granted asylum, the Service will issue admission to the United States.’’ person has been present in the United charging documents placing the person States for an extended period of time Consequently, an applicant who was into removal proceedings. previously considered deportable would under a grant of parole. Yuen Sang Low To the best of the Department’s v. Attorney General of U.S., 479 F.2d be considered inadmissible for purposes knowledge, only ABC class members 820, 822 (9th Cir.), cert. denied, 414 of determining eligibility for any form of will be affected by this provision. U.S. 1039 (1973). This principle has relief. As a practical matter, very few However, the rule permits asylum recently withstood statutory and individuals in deportation proceedings officers to follow the same procedure for constitutional challenges, despite the were ever granted advance parole, but any other applicant within their recognition that IIRIRA eliminated the those who did receive permission to jurisdiction who received advance distinction between deportation and depart would have been subject, upon parole while in deportation exclusion for proceedings initiated on or return, to termination of the deportation proceedings. proceedings along with receipt of new after April 1, 1997, by replacing them charging documents placing them in Eligibility To Apply for NACARA in with a single removal process. See Patel exclusion proceedings. A very small Exclusion Proceedings v. McElroy, 143 F.3d 56 (2nd Cir. 1998) number of ABC class members whose Another issue raised by the (statutory challenge); Skelly v. INS, 168 deportation proceedings were commenters is whether section 203 of F.3d 88 (2nd Cir. 1999) (constitutional administratively closed pursuant to the NACARA and the implementing challenge based on equal protection settlement agreement received advance regulations apply to NACARA principles). parole. Upon their return, they were beneficiaries who were in exclusion The general rule laid out in IIRIRA for then technically inadmissible to the proceedings as of April 1, 1997, the transition from exclusion and United States rather than deportable. In including those ABC class members deportation procedures to a unified the normal course of events, those who were in exclusion proceedings and removal process is that, for ‘‘an alien persons denied asylum at their de novo had those proceedings administratively who is in exclusion or deportation ABC adjudication would have been closed or continued by EOIR to allow proceedings as of [April 1, 1997],’’ the placed in exclusion proceedings once the class members to pursue de novo amendments to the procedures for their parole was terminated. Because adjudications of their asylum claims by removing individuals from the United ABC asylum adjudications did not begin the Service, as provided by the ABC States instituted by IIRIRA ‘‘shall not until 1997 and were subsequently settlement agreement. These apply,’’ and exclusion and deportation suspended in 1998, as a result of commenters argued that Congress proceedings ‘‘shall continue to be NACARA, many, if not all of these cases indicated its clear intent to make conducted without regard to such have not yet been adjudicated. NACARA relief available to persons in amendments.’’ IIRIRA section 309(c)(1). For purposes of a NACARA exclusion proceedings, because the The IIRIRA transitional rules dealing adjudication before the Service, this statute provides that NACARA’s special with suspension of deportation, as small group of ABC class members rules apply ‘‘regardless of whether the amended by section 203 of NACARA, might be ineligible for suspension of alien is in exclusion or deportation are directed solely to outlining the deportation based solely on their change proceedings.* ** ’’ IIRIRA section circumstances under which the new in status from deportable to 309(c)(5)(C)(i), as amended by section cancellation of removal rules regarding inadmissible, if their deportation 203(a)(1) of NACARA. Several continuous residence and physical proceedings are still pending when their commenters suggested that the intent of presence, found in section 240A(d)(1) NACARA applications are adjudicated. Congress can be carried out by placing and (2) of the Act, apply to individuals Though temporary absences from the individuals currently in exclusion who were placed in exclusion or United States ordinarily would not proceedings into removal proceedings deportation proceedings prior to April automatically terminate or nullify by: (1) electing to proceed under new 1, 1997.

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Under the transitional rules for April 1, 1997, does not result in the preliminary approval of this agreement suspension of deportation cases, section application of the new continuous shall not be eligible for the benefits 309(c)(5)(A) of IIRIRA, as amended by residence and physical presence rules to hereunder.’’ See American Baptist NACARA, states that the rules regarding their cases, acknowledging the Churches v. Thornburgh, 760 F. Supp. continuous residence and physical possibility that such individuals may 796, 800 (N.D. Cal. 1991). The date of presence generally apply to orders to have their exclusion proceedings preliminary approval of the settlement show cause regardless of when the changed into removal proceedings agreement was December 19, 1990. orders to show cause are issued, thus under the transitional rules covered in There is no provision in either the making these rules applicable to section 309(c)(2) and (3) of IIRIRA. settlement agreement or section 203 of requests for suspension of deportation. None of these transitional rules NACARA limiting this provision to The first exception to this rule, located dealing with suspension of deportation those registered class members at section 309(c)(5)(B) of IIRIRA, as override the general transition rule that apprehended at time of entry between amended by NACARA, provides that the subjects a person placed into exclusion December 19, 1990, and January 31, new continuous residence and physical proceedings prior to April 1, 1997, to 1991, nor is there any provision that presence rules found at section the rules governing exclusion that were excludes from the applicability of this 240A(d)(1) and (2) of the Act will not in place before IIRIRA was enacted. provision registered class members apply to an order to show cause issued IIRIRA section 309(c)(1). Included apprehended after January 31, 1991. The prior to April 1, 1997, when the among those rules is the long-standing Service consistently has implemented Attorney General decides to terminate a principle that persons in exclusion the plain meaning of the language in the pending exclusion or deportation proceedings are ineligible to apply for settlement agreement in denying ABC proceeding under section 309(c)(3) of suspension of deportation. As noted by benefits to class members apprehended IIRIRA and reinitiate the proceeding certain comments, the IIRIRA at the time of entry after December 19, under removal provisions. The transitional rules provide a way to allow 1990. There is no indication that exception described in section such individuals to apply for special Congress intended to redefine the 309(c)(5)(C)(i) of IIRIRA, as amended by rule cancellation of removal under exclusionary ground included in the NACARA, states that these new rules NACARA. This could be done by settlement agreement or to limit the regarding continuous residence and applying removal procedures to those corresponding statutory provision only physical presence will not apply to cases in which an evidentiary hearing to registered class members NACARA beneficiaries who request has not commenced as of April 1, 1997, apprehended at the time of entry prior suspension of deportation or as allowed under section 309(c)(2) of to January 31, 1991. Therefore, the cancellation of removal. While the first IIRIRA, or by terminating the exclusion Department does not believe that the exception simply prevents the proceedings and reinitiating interpretation suggested in the application of the new continuous proceedings under section 240 of the comments is permitted by NACARA. residence and physical presence rules to Act, as provided for under section 309(c)(3) of IIRIRA. For purposes of this The Department has carefully an order to show cause in one particular considered the value of including a situation, the second exception exempts interim rule, the Department declines to pursue these options at this time, but definition of ‘‘apprehended at time of NACARA beneficiaries from the entry’’ within the rule, but does not continuous residence and physical invites additional comments on this point. believe that it is appropriate to do so. presence rules whenever they file for The Service has issued and continues to suspension of deportation under the Effect of ‘‘Apprehended at Time of provide policy guidance to its officers pre-IIRIRA section 244 of the Act, or for Entry’’ Limit on Eligibility explaining that a class member who has regular cancellation of removal under Several commenters requested that been apprehended after the class section 240A of the Act (additional rules the regulations define the term member has effected an entry establishing eligibility for NACARA ‘‘apprehended at time of entry’’ to (consistent with the former ‘‘entry special rule cancellation of removal are promote consistency in interpretation. doctrine’’) cannot be considered to have covered separately in section 309(f) of The commenters also proposed the been apprehended at the time of entry. IIRIRA, as amended by NACARA), following definition: ‘‘The phrase Deriving guidance from the definition of ‘‘regardless of whether the alien is in ‘‘apprehended at time of entry’’ means ‘‘entry’’ under the Act, as it existed prior exclusion or deportation proceedings a person who was arrested at a United to April 1, 1997, and as developed by before [April 1, 1997].’’ IIRIRA section States port-of-entry between December case law, the Service has instructed 309(c)(5)(C)(i), as amended by 19, 1990, the preliminary approval date officers that the determination of NACARA. of the settlement agreement, and whether an entry has been effected Contrary to showing a congressional January 31, 1991, the date the court involves consideration of the following intent that NACARA relief be made approved the settlement agreement.’’ three factors: (1) whether the class available to persons in exclusion The interim rule will not be amended member has crossed into the territorial proceedings, the phrase quoted above to include this definition. Section 203 of limits of the United States; (2) whether and cited in several comments simply NACARA provides that a registered ABC the class member has been inspected or indicates that Congress did not want the class member who ‘‘was not admitted by an immigration officer, or new continuous residence and physical apprehended after December 19, 1990, has actually and intentionally evaded presence rules to apply to NACARA at the time of entry,’’ may apply for inspection at the nearest inspection beneficiaries who are eligible to apply suspension of deportation or special point; and (3) whether the class member for suspension of deportation or rule cancellation of removal under the crossed into the territorial limits of the cancellation of removal no matter what provisions enacted by NACARA. The United States free from official restraint, charging documents, if any, may have language ‘‘apprehended * * * at time of including free from surveillance. been issued to them prior to April 1, entry’’ was derived from paragraph 2 of Because these factors necessarily are 1997. This language makes clear that the the ABC settlement agreement, which dependent on the individualized factors initiation of exclusion proceedings states, ‘‘Class members apprehended at of each case, the Department has against NACARA beneficiaries prior to the time of entry after the date of determined that it is more appropriate

VerDate 06-MAY-99 13:06 May 20, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\A21MY0.014 pfrm03 PsN: 21MYR2 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27861 to continue to provide internal guidance broadly to mean either submitted to or Determining When an Application for on the factors to consider in evaluating served on the Service. This Asylum is Filed whether an entry has been effected than interpretation is supported by several Though not included in the proposed to attempt to codify a definition that factors. First, it is more appropriate to rule, the Department has included in would cover the wide variety of facts track subclauses (I) and (II) rather than § 240.60 of this interim rule a definition that may be present in an individual subclauses (II) and (V). Section for determining when a person is case. 309(c)(5)(C)(i) of IIRIRA contains two considered to have ‘‘filed an application Guatemalans and Salvadorans Filing for provisions specifically relating to for asylum.’’ This definition is necessary Asylum by April 1, 1990 Salvadorans and Guatemalans. in order to determine eligibility to apply Subclause (I) permits Salvadorans and for relief under section 203 of NACARA. Several commenters suggested that Guatemalans who entered the United the proposed rule reads too narrowly The definition will also be used to States prior to September 19, 1990, and determine the date a dependent the eligibility requirement contained at October 1, 1990, respectively, to file for section 309(c)(5)(C)(i)(II) of IIRIRA, as included in an asylum application is NACARA relief if they registered for considered to have ‘‘filed’’ for asylum. amended by NACARA. This sections benefits under the ABC agreement by permits Salvadorans and Guatemalans Under this definition, any dependent the dates specified in the agreement. who ‘‘filed an application for asylum spouse or child who was present in the Subclause (II) relates to Salvadorans and with the Immigration and Naturalization United States and included in the Guatemalans who filed for asylum by Service’’ prior to April 1, 1990, to apply principal’s asylum application at the April 1, 1990, regardless of whether for relief under NACARA. Section time it was filed will be considered to 240.61(a)(2) of the proposed rule would they also registered for ABC benefits. have filed an application for asylum on limit eligibility to those persons who When subclause (I) and (II) are read the date the principal’s asylum filed an application for asylum directly together, the application of the statute application was filed. Any dependent with the Service. The commenters note creates inconsistent results unless who is added to the principal’s asylum that the proposed rule fails to account subclause (II) is interpreted to cover application after it was initially filed for those persons who filed for asylum both Service and EOIR asylum filings. will be considered to have filed an by April 1, 1990, before the Immigration For instance, a Salvadoran placed in application for asylum on the date the Court. The comments argue that the immigration proceedings who filed an dependent was added to principal’s critical factor in section application for asylum with the asylum application. Immigration Court by April 1, 1990 is, 309(c)(5)(C)(i)(II) of the statute relates to Eligibility—NACARA Dependents asylum filing date, rather than the forum by definition, a member of the ABC of filing. The comments further note class because he or she entered the One commenter requested that the that any application filed with the United States prior to September 19, regulations specify that children and Immigration Court was necessarily 1990. If he or she registered for ABC spouses can file for relief under served on the Service. They argue that benefits, he or she would be eligible to NACARA after they have attained 7 a restrictive reading of the statute apply for relief under subclause (I), even years of continuous physical presence unnecessarily limits eligibility, and that though he or she did not initially file in the United States, even if they had filing for purposes of this section should the asylum application with the Service. not been continuously present in the be met whenever an applicant filed for Given that subclause (II) essentially United States for 7 years at the time the asylum with the Department of Justice. concerns ABC class members who failed statute was enacted, or have not reached The Department agrees that section to register for ABC benefits, it is 7 years by the time the rule 309(c)(5)(C)(i)(II) of IIRIRA is subject to inconsistent with the ameliorative implementing section 203 of NACARA different interpretations. In drafting the purposes of NACARA to limit eligibility becomes effective. proposed rule, the Department solely to those persons who filed The Department agrees with this contrasted the wording of this section directly with the Service. interpretation. Both section 203 of NACARA and the interim rule allow with that of section 309(c)(5)(C)(i)(V) of Second, NACARA makes use of either IIRIRA, as amended by NACARA, which children and spouses to apply for relief ABC registration deadlines or asylum permits certain nationals of former under NACARA, even if they had not filing deadlines to identify eligible Soviet bloc countries to apply for relief been continuously physically present in aliens. A grant of asylum confers the under NACARA if they ‘‘filed for the United States for 7 years at the time same benefits regardless of whether the asylum on or before December 31, NACARA was enacted or implemented. grant is conferred by an asylum officer 1991.’’ The proposed rule reflected the To meet the physical presence or an Immigration Court. It is the act of Department’s initial interpretation that requirement, the spouse or child must filing for asylum or registering for ABC subclauses (II) and (V) should be read have 7 years of continuous physical benefits, rather than the forum, that together, such that subclause (II) should presence in the United States (10 years, distinguishes subclause (II) applicants be read to limit eligibility to those who if certain inadmissibility or filed an affirmative asylum application from those Salvadorans and deportability grounds apply) as of the with the Service, while an individual Guatemalans in the United States who date the application for relief was filed. could be eligible for relief under never applied for asylum or registered Unlike section 202 of NACARA, there is subclause (V) as long as an asylum for ABC benefits. no deadline for applying for relief under application was filed before either the Consequently, 8 CFR 240.61(a)(2) has section 203 of NACARA. Service or before the Immigration Court. been amended to include a Guatemalan Although this interpretation is or Salvadoran national who filed an Eligibility of Dependents Who Have consistent with the literal wording of application for asylum with the Service Turned 21 Years of Age Since NACARA the statute, the Department recognizes on or before April 1, 1990, either by Was Enacted that, in determining eligibility to apply filing an application directly with the Several commenters expressed for suspension of deportation or special Service or filing the application with the concern about children who have lost or rule cancellation of removal under Immigration Court and serving a copy of will lose eligibility to apply for relief NACARA, ‘‘filed’’ could be read more that application on the Service. pursuant to section 309(c)(5)(C)(i)(III) of

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IIRIRA, as amended by section 203(a) of special immigrant juveniles are not American Relief Act of 1997,’’ April 1, NACARA, because they turned 21 years precluded from obtaining lawful 1998; and ‘‘Section 203 of the of age between November 19, 1997, the permanent residence because of the Nicaraguan Adjustment and Central date NACARA was enacted, and the passage of time while the Service was American Relief Act of 1997,’’ effective date of this regulation. Several awaiting Congressional action to amend November 24, 1998.) commenters suggested that the the adjustment of status provisions Initial Eligibility and ABC Class regulations ‘‘grandfather’’ in all * * *.’’ Members unmarried sons and unmarried Unlike the special immigrant cases, daughters who have turned 21 years of NACARA predicates eligibility for One commenter stated that registered age since November 19, 1997. The dependents of a NACARA principal ABC class members who did not apply commenters compare the current applicant on a grant of suspension of for asylum by the dates required to situation to that faced by juveniles deportation or cancellation of removal retain eligibility for benefits of the ABC eligible for special immigration status to the principal applicant. The settlement agreement should not be under section 153 of the Immigration Department may not extend eligibility to allowed to apply for relief under Act of 1990 (IMMACT 90), Pub. L. 101– qualified individuals who were 21 years NACARA. The commenter argued that 649 (104 Stat. 4978), who aged out prior of age or older on the date of enactment NACARA was intended to provide ABC to the publication of regulations of NACARA, or prior to promulgation of class members with the opportunity to implementing that section of the law. regulations implementing the apply for suspension of deportation Under the rule, juveniles who met the affirmative application process because under the rules that existed before statutory requirements on the date the it exceeds the scope of eligibility IIRIRA was enacted, and that if an ABC statute was enacted, but who had aged permitted by the statute. In section class member did not comply with the out prior to implementation of 309(c)(5)(C)(i)(IV)(bb) of IIRIRA, as requirements of the ABC settlement regulations, were permitted to apply for amended by NACARA, Congress agreement, the class member should not and receive special immigrant status. explicitly linked the age of the be allowed to apply for relief under unmarried son or daughter to the date Comparison to the rule implementing NACARA. the parent is granted suspension of section 153 of IMMACT 90 is not Section 309(c)(5)(C)(i)(I) of IIRIRA, as deportation or cancellation of removal, persuasive, as the statutes and amended by section 203(a) of NACARA, not to the date the unmarried son or circumstances in question are not provides that any registered ABC class daughter’s application is adjudicated or member who has not been apprehended, analogous. Regulations implementing any other date. section 153 of the Immigration Act of after December 19, 1990, at time of entry In contrast to individuals covered by or convicted of an aggravated felony 1990, governing special eligibility section 153 of IMMACT 90, nothing in provisions for juveniles to adjust to may apply for suspension of deportation NACARA precludes qualified children or special rule cancellation of removal lawful permanent resident status, of NACARA beneficiaries from applying ‘‘grandfathered’’ in certain juveniles under the provisions enacted by for relief once the parent or spouse has NACARA. In contrast to sections who met eligibility requirements on been granted suspension of deportation November 29, 1990. This was done 309(c)(5)(C)(i)(II) and (V) of IIRIRA, as or special rule cancellation of removal. amended by NACARA, there is no because IMMACT 90 did not originally Any NACARA beneficiary who has a exempt special immigrant juvenile statutory language in section NACARA-eligible dependent nearing 309(c)(5)(C)(i)(I) of IIRIRA connecting aliens from the normal statutory the age of 21 years old, and who has had requirements for adjustment of status. eligibility to apply for relief under an asylum application pending with the NACARA to the filing of an asylum Recognizing that most special Service, has been afforded the immigrant juvenile alien adjustment application. Section 309(c)(5)(C)(i)(I) of opportunity to request an expedited IIRIRA contains no requirement that the applicants were statutorily ineligible for adjudication of the asylum application. adjustment of status, for reasons registered class member have applied In such a case, if the asylum application for asylum on any particular date, or unrelated to their age, Service offices were not granted, the applicant would were directed to accept and hold in ever have applied for asylum, but be placed in removal proceedings where instead predicates eligibility to apply abeyance applications filed by juveniles he or she could apply for relief under who appeared to meet the statutory solely on nationality and entry date section 203 of NACARA with the (which correspond to ABC class requirements for special immigrant Immigration Court. Alternatively, the membership) and registration for ABC juvenile classification, but who may parent could request that his or her benefits. Therefore, the Department have been precluded based on statutory pending asylum application be believes it would be improper to requirements for adjustment of status. withdrawn in order to apply with the include in the regulations a substantive This policy was adopted because the Immigration Court for both asylum and restriction on eligibility that is not Service had put forward technical relief under section 203 of NACARA. In reflected in the statute. amendments that would exempt these such cases, if the dependent was listed applicants from many of the ineligibility on the parent’s asylum application and Substantive Eligibility grounds contained in sections 245 (a) was included in the request for asylum, Eligibility-Continuous Physical Presence and (c) of the Act. The technical he or she would also be placed in amendments to the Act were enacted at proceedings and could file a NACARA Several commenters suggested the end of 1991. The supplementary application with the Immigration Court. revisions to § 240.64, regarding the information published as a final rule in The Service has outlined these options calculation of continuous physical the Federal Register on August 12, to the public in previous section 203 of presence. With respect to § 240.64(b)(1), 1993, at 58 FR 42843, explained that the NACARA information materials issued concerning continuous physical rule would apply the exemptions through the Service’s Office of Public presence for suspension of deportation contained in the technical amendments Affairs. (‘‘Questions and Answers about cases, the commenters suggested to aliens who could establish that they NACARA and Cancellation of modifying the ‘‘brief, casual, and otherwise met the eligibility criteria on Removal,’’ February 10, 1998; innocent’’ standard by defining single November 29, 1990, ‘‘to ensure that ‘‘Nicaraguan Adjustment and Central absences not exceeding 90 days or

VerDate 06-MAY-99 13:06 May 20, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\A21MY0.017 pfrm03 PsN: 21MYR2 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27863 aggregate absences not exceeding 180 Absences of greater duration will still be rule cancellation of removal, such as days to be considered ‘‘brief’’ in order considered on a case-by-case basis in section 242B(e) of the Act, as in effect to parallel the standard used in suspension cases in order to comply prior to April 1, 1997, and current cancellation of removal cases. The with the broader language of ‘‘brief, section 240(b)(7) of the Act. The commenters further proposed that casual, and innocent’’ contained in the commenters maintain that Congress absences of greater duration should be statute. All absences will be evaluated, intended to waive substantive bars evaluated on a case-by-case basis, and however, to determine whether or not relating to eligibility. Citing section that the applicant should still be they were casual and innocent. 203(c) of NACARA, which allows required to establish that any departure The Department will also amend beneficiaries to file a motion to reopen was casual or innocent. § 240.64(b)(2) of the proposed rule ‘‘[n]otwithstanding any limitation With respect to § 240.64(b)(2), relating relating to special rule cancellation of imposed by law,’’ the commenters argue to special rule cancellation of removal, removal to reflect the definition of that the plain language of the statute several commenters objected to the ‘‘brief’’ adopted in § 240.64(b)(1). It is indicates that the goal of section 203 of requirement that an applicant must not appropriate, however, to adopt the NACARA was to waive all limitations establish that single absences of 90 days remaining suggestions relating to special on relief. The commenters note that or less were brief, casual, and innocent. rule cancellation of removal. The Congress excepted from this provision These commenters argued that such a commenters suggest that it is contrary to limitations premised on an alien’s requirement was inconsistent with the the statute to disqualify a special rule conviction of an aggravated felony. The Act. Similarly, these commenters cancellation of removal applicant based commenters argue that, because there is objected to the language contained in on the nature of his or her absences. no provision of law that bars an § 240.64(b)(3), which states that a Neither NACARA nor the Act, as individual convicted of an aggravated departure incident to a final order of amended by IIRIRA, precludes such an felony from filing a motion to reopen, deportation or removal, or an order of evaluation, and when the 90/180-day Congress must have intended this voluntary departure, or with the intent rule is read within the context of provision to apply to all other to commit a crime terminates immigration reform under IIRIRA, it is limitations to relief, not just to continuous physical presence. The apparent that Congress intended certain limitations on motions to reopen. commenters suggested amending the kinds of departures, such as those made The regulatory requirements reflecting provision for special rule cancellation of in furtherance of criminal offenses, to the statutory bars will remain removal to delete the mandatory finding terminate continuous physical presence. unchanged. The Department’s analysis and substitute language providing that Similarly, through reinstatement under of the statutory bars has been fully set such absences may be the basis for section 241(a)(5) of the Act, Congress out in both the supplemental finding that continuous physical severely limited the opportunity to seek information in the proposed rule, at 63 presence has been terminated. relief for aliens who illegally reenter the FR 64895, and in the supplemental The Department will adopt certain United States after previously being information in the interim rule suggestions regarding the definition of a removed, or departing voluntarily under concerning NACARA motions to ‘‘brief’’ absence from the United States. final orders. reopen, at 63 FR 31890. The As proposed, § 240.64(b)(1) reiterates The interim rule resolves the apparent parenthetical relating to aggravated former section 244(b)(2) of the Act, as in inconsistency by clarifying the effect of felonies contained in section 203(c) of effect prior to IIRIRA, which establishes certain absences of 90 days or less in a NACARA does not overcome the that for purposes of continuous physical manner consistent with suspension of definitive statutory language indicating presence, absences from the United deportation. Specifically, the second that the paragraph is directed at States will be evaluated based on a sentence of § 240.64(b)(2) retains the statutory limitations on motions to determination of whether the absence analytical framework of the brief, reopen. The parenthetical is more was brief, casual, and innocent. casual, and innocent standard to properly read as a reiteration of the Initially, the Department chose to adopt account for those situations in which a basic eligibility requirement rather than this language without further relatively brief absence nonetheless a rejection of all other substantive clarification in the rule, based on the meaningfully interrupts continuous eligibility requirements. This body of case law interpreting this physical presence. The burden of proof parenthetical in no way exempts provision, as well as the greater remains on the applicant to establish the NACARA beneficiaries from the flexibility inherent in the phrase ‘‘brief, ‘‘casual and innocent’’ nature of such statutory bars to suspension of casual, and innocent.’’ Because the departures in order to conform with the deportation or cancellation of removal. concept of ‘‘brief, casual, and innocent,’’ burden of proof required under Eligibility-Battered Spouses and however, goes to the nature of a suspension of deportation. While Children departure, it is consistent with section § 240.64(b)(2) attempts to account for 244(d)(2) of the Act, as in effect prior to departures generally, § 240.64(b)(3) A significant number of commenters IIRIRA, to provide some guidance identifies specific departures that have requested that the Department address within the rule regarding one or more of long been considered to break the special circumstances of battered these factors. Given the use of the 90/ continuous physical presence in the spouses and children who are eligible 180-day rule within the context of both context of suspension of deportation for suspension of deportation under cancellation of removal and special rule adjudications. It is, therefore, both section 244(a)(3) of the Act, prior to cancellation of removal, it is reasonable reasonable and necessary to place the IIRIRA, or cancellation of removal under to adopt these timeframes for purposes same restrictions on special rule section 240A(b)(2) of the Act. Those of suspension of deportation under cancellation applicants. provisions permit the battered spouse NACARA. To assist adjudicators and to and child(ren) of a United States citizen ensure consistent determinations Eligibility-Statutory Bars or lawful permanent resident spouse or regarding the length of a departure, the Several commenters asserted that the parent to qualify for suspension of Department will revise the rule to define regulations should not subject NACARA deportation or cancellation of removal a ‘‘brief’’ absence as one of 90 days or beneficiaries to bars to eligibility for by showing 3, rather than 7 years of less or an aggregate of 180 days or less. suspension of deportation or special continuous physical presence, good

VerDate 06-MAY-99 13:06 May 20, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\A21MY0.018 pfrm03 PsN: 21MYR2 27864 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations moral character, and extreme hardship The commenters requested inclusion cancellation of removal application. The to the alien, the alien’s child, or in the of these factors in the regulation in Department agrees, however, that the case of an alien who is a child, to the order to ensure consistent application of factors should be included in the child’s parent. Specifically, the these considerations, whether the interim rule to avoid confusion. The commenters asked that the special applicant seeks relief through the self- addition of these factors also affirms the criteria used to evaluate extreme petitioning process, under NACARA, or Department’s commitment to aiding hardship in adjustment of status self- in the course of non-NACARA victims of domestic violence and will petitions submitted by battered spouses immigration proceedings. Many assist adjudicators, attorneys, and and children should also be made commenters expressed concern that applicants in eliciting and developing explicitly applicable to those omission of the factors would suggest relevant facts. individuals seeking relief through that domestic violence issues were Consequently, new § 240.58(c) lists suspension of deportation or irrelevant in the context of suspension the VAWA factors and also clearly states cancellation of removal. The or cancellation adjudications. The that these factors are relevant in any commenters noted that the Violence commenters also noted that many extreme hardship determination in the Against Women Act (VAWA), a applicants who had experienced context of a request for suspension of component of the Violent Crime Control domestic violence would be reluctant to deportation, whether or not it is within and Law Enforcement Act of 1994, Pub. raise such issues on their own, and that the context of section 244(a)(3) of the L. 103–322 (108 Stat. 1902–1955), including these factors would assist Act, as in effect prior to IIRIRA. Sections created provisions to aid battered attorneys and adjudicators in eliciting 240.64(c) and 240.20(c) of the interim immigrants whose ability to remain information, and would help applicants rule will also reflect that domestic permanently in the United States may to understand that fears of domestic violence factors are relevant to the be threatened by abusive spouses or abuse or other repercussions were extreme hardship determination with parents. legitimate issues for the adjudicator to regards to requests for special rule In the context of self-petitioning, consider. cancellation of removal and cancellation provided for in sections 204(a)(1)(A)(iii) The commenters correctly note that of removal under section 240A(b)(2) of and (iv) and 204(a)(1)(B)(ii) and (iii) of the suspension and cancellation the Act, respectively. the Act, the Service has issued guidance provisions pertaining to domestic abuse Rebuttable Presumption of Extreme instructing adjudicators to consider are part of a broader series of initiatives Hardship for Certain NACARA certain factors when evaluating a claim to protect battered spouses and children Beneficiaries of extreme hardship based on domestic within the immigration laws. Most abuse. These factors are: notably, sections 204(a)(1)(A) and (B) of Virtually all public commenters (1) The nature and extent of the the Act, as amended, permit victims of contained a request that the Department physical or psychological consequences domestic violence to self-petition for extend some form of a presumption of of abuse; adjustment of status so that their ability extreme hardship to principal NACARA (2) The impact of loss of access to the to reside permanently in the United applicants, including nationals of the United States courts and criminal States is not conditioned on submission former Soviet bloc. In particular, the justice system (including, but not of a petition on their behalf by the majority of commenters asked the limited to, the ability to obtain and abusive spouse or parent. The criteria Department to extend a presumption to enforce orders of protection, criminal for adjustment of status under this those Salvadorans and Guatemalans investigations and prosecutions, and provision is similar to that required in who are class members of the ABC family law proceedings or court orders the suspension or cancellation context, lawsuit. Many of the commenters regarding child support, maintenance, except that the spouse or child must be requested that evidence of class child custody, and visitation); able to establish 3 years of residence in membership should be considered (3) The likelihood that the batterer’s the United States. To assist adjudicators sufficient to establish extreme hardship family, friends, or others acting on in evaluating extreme hardship to these based on the conditions in El Salvador behalf of the batterer in the home self-petitioners, the Service has issued and Guatemala, particularly after country would physically or guidance regarding the special nature of Hurricane Mitch. Additionally, psychologically harm the applicant or domestic abuse cases and the kind of commenters argued that the class had the applicant’s child(ren); hardship that may be present. See been protected for prolonged periods of (4) The applicant’s needs and/or Supplementary Information to the time from deportation as a result of the needs of the applicant’s child(ren) for interim rule, published on March 26, ABC settlement agreement and other social, medical, mental health, or other 1996, at 61 FR 13061, ‘‘Petition to measures staying deportation, including supportive services for victims of Classify Alien as Immediate Relative of TPS for Salvadorans, such that class domestic violence that are unavailable a United States Citizen or as a members had established ties to the or not reasonably accessible in the home Preference Immigrant; Self-Petitioning United States, a significant factor in country; for Certain Battered or Abused Spouses evaluating hardship. (5) The existence of laws and social and Children;’’ Memorandum for Some commenters discussed at great practices in the home country that Terrance M. O’Reilly, Director, length factors the authors believed to be punish the applicant or the applicant’s Administrative Appeals Office, from relevant to an extreme hardship child(ren) because they have been Paul Virtue, Office of General Counsel, determination for the ABC class. The victims of domestic violence or have ‘‘ ‘Extreme Hardship’ and Documentary commenters noted, for instance, that taken steps to leave an abusive Requirements Involving Battered many class members have children who household; and Spouses and Children,’’ (October 16, were either born in the United States or (6) The abuser’s ability to travel to the 1998), reprinted at 76 Interpreter who came to this country at such a home country and the ability and Releases 162 (January 25, 1999). young age that they have little or no willingness of authorities in the home Nothing in the proposed rule memory of El Salvador or Guatemala. country to protect the applicant and/or prohibits an applicant from raising the The commenters also identified other the applicant’s child(ren) from future VAWA factors in support of a factors, including the circumstances abuse. suspension of deportation or under which the class members fled

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Dec. 3280 (BIA 1996) those countries, and the possibility of and to answer questions regarding (dissenting opinion listing all published significant financial loss, as the hardship at the interview or hearing. suspension cases). Similarly, the longer commenters believe that many class Adjudicators will determine whether an applicant lives in the United States members have purchased homes or there is anything to disprove the under protection from deportation, the started businesses in the United States. presumption of extreme hardship and more likely it is that he or she has Many of the public comments also may ask additional questions at the developed long-term ties to the United noted that a mandatory finding would interview or hearing, if necessary. The States. See Matter of L-O-G, Int. Dec. enhance administrative efficiency by burden of proof will lie with the Service 3281 (BIA 1996). eliminating the need to make individual to overcome the presumption, if Second, the unique immigration determinations of extreme hardship for supported by evidence in the record. In history and circumstances of the ABC the approximately 240,000 ABC class this way, the likelihood that ABC class class has given rise to a group of members who are eligible to apply for members will suffer extreme hardship is approximately 240,000 NACARA- relief under section 203 of NACARA. As balanced against the necessity of a case- eligible individuals who share the a further matter of administrative by-case evaluation of the individual general predictors of extreme hardship convenience, many commenters urged application. Eligibility criteria for the described in the preceding paragraph, as that the mandatory presumption should presumption, and the burden and well as other predictors that are unique also be extended to nationals of the standard of proof that will apply in to this class. The composition of the former Soviet bloc and all spouses, presumption cases, are described in new group itself is unusual, as it is children, and unmarried sons and § 240.64(d). composed of Salvadorans and daughters over the age of 21 eligible for As noted in the supplemental material Guatemalans who either entered the NACARA on the basis of a grant of relief in the proposed rule, extreme hardship United States and filed for asylum prior to a parent or spouse (NACARA is determined on a case-by-case basis, to April 1, 1990, or entered the United dependents). taking into account the particular States prior to September 19, 1990, or One commenter objected to a circumstances of the individual October 1, 1990, respectively, and presumption of extreme hardship on the applicant. Matter of Hwang, 10 I & N registered for benefits under the terms of grounds that it was contrary to Dec. 448, 451 (BIA 1964). While each the ABC settlement. These individuals NACARA and the Act, arguing that application must be assessed on its own fled circumstances of civil war and suspension of deportation or special merits, and each applicant must be political violence in their homelands rule cancellation of removal requires found statutorily eligible before being during the 1980s, and some applied for individualized determinations of considered for this discretionary form of asylum in the United States. In 1985, extreme hardship in all cases. relief, neither NACARA nor the Act advocates for Guatemalan and The Department declines to adopt a limits the Attorney General’s authority Salvadoran refugees, church groups, and blanket finding that all NACARA to create appropriate rules and refugees themselves brought suit against beneficiaries will suffer extreme procedures for determining eligibility the United States Government for hardship if they are deported or for suspension of deportation or special allegedly discriminatory treatment of removed to their home countries, as rule cancellation of removal. The Guatemalan and Salvadoran asylum such a finding would be contrary to the Attorney General may elect to create a applicants. The Department settled the specific requirements of both NACARA rebuttable presumption of extreme litigation in 1990, following significant and the Act, as well as the body of hardship as part of the adjudication of developments in its asylum and refugee administrative and judicial such cases. Initially, the Department law and procedures, including the interpretations that have been adopted believed that including a list of relevant creation of a professionally trained regarding the meaning of ‘‘extreme factors and general guidance regarding a asylum officer corps and Congress’s hardship.’’ The Department has determination of extreme hardship grant of TPS to Salvadorans. concluded, however, that strong factual would be sufficient to address concerns As a result of the settlement, ABC evidence exists to support an raised by the public. The concerns class members who complied with all evidentiary presumption of extreme outlined in comments to the proposed registration requirements were entitled hardship for those ABC class members rule have led the Department to assess to remain in the United States until who are eligible to apply for NACARA whether further measures, consistent such time as they received either a de relief, as defined in § 240.61(a) or (b) of with the statute, are appropriate based novo review of their asylum this interim rule. This conclusion is on the unique circumstances of applications, or, for those whose cases based on a determination that the ABC NACARA beneficiaries. The Department had not been adjudicated previously, a class shares certain characteristics that has concluded that such measures determination under special procedures. give rise to a strong likelihood that an would be appropriate and would further For administrative reasons and because ABC class member or qualified relative an interest in greater administrative of provisions in the settlement would suffer extreme hardship if the efficiency. agreement regarding asylum filing class member were deported or Further examination of the issue deadlines, these adjudications were removed. Such a presumption may be yields two conclusions. First, certain postponed during the period of time in rebutted by the Service if evidence in factors routinely noted in evaluations of which Salvadorans, who comprise the record establishes that it is more extreme hardship may serve as strong approximately 80 percent of the class, likely than not that extreme hardship predictors of the likelihood of extreme were protected from deportation under would not result from removal or hardship in a given case. For instance, TPS (January 1, 1991, to June 30, 1992) deportation. under the relevant case law, the longer and Deferred Enforced Departure (DED)

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(June 30, 1992, to December 31, 1994). if they maintained their eligibility for require applicants who are not ABC The special adjudications were further ABC benefits by filing an asylum class members to bear the burden of postponed to provide registered class application by the relevant deadline. As proof in establishing extreme hardship. members who had not yet applied for previously noted, length of stay, However, the Department recognizes asylum an opportunity to do so under coupled with some form of authorized that these predictive characteristics may the terms of the settlement. presence, can be a strong indicator that be present in other cases. Accordingly, Consequently, Guatemalans and an applicant is likely to suffer extreme the rule will provide that evidence of an Salvadorans who wished to continue to hardship. extended stay in the United States remain eligible for ABC benefits (and Additional characteristics of the ABC without fear of deportation and with the also free from the fear of deportation) class appear to add to the likelihood of benefit of work authorization shall be were required to file an asylum extreme hardship. All NACARA-eligible considered relevant to the application if they had not previously class members who applied for asylum determination of whether deportation done so. Guatemalans had to have filed were entitled to work authorization in will result in extreme hardship. for asylum on or before January 4, 1995, conjunction with their asylum The Form I–881 and Instructions have while Salvadorans were required to applications. Similarly, all Salvadorans been modified to address these changes. have filed their applications no later protected under TPS and DED were also The form will explain that an applicant than January 31, 1996 (with an entitled to work lawfully while under who is either a registered member of the administrative extension until February that protection. Recognizing that the ABC class, as described in Part II (a) of 16, 1996). Although ABC adjudications expiration of DED in 1994 could harm the form, or a Salvadoran or Guatemalan began in April 1997, they were those Salvadoran class members who who applied for asylum prior to April suspended in February 1998 in order to had not yet filed an asylum application 1, 1990, as described in Part II (b) of the permit those ABC class members with to maintain their eligibility for the form, will be presumed to meet the pending asylum applications to apply benefits of the ABC settlement because extreme hardship requirement unless for NACARA relief with the Service. the deadline for filing had not yet evidence in the record establishes that Yet another shared characteristic passed, the Government extended DED- neither the applicant nor a qualified pertaining to immigration history is the based work authorization for relative is likely to experience extreme difficulty many Salvadorans and Salvadorans until April 30, 1996. As a hardship. To qualify for the Guatemalans might have faced had they practical matter, ABC class members presumption, an applicant must answer repatriated during the early 1990s. with work authorization are more likely all questions on the Form I–881 Although the Salvadoran government to have access to steady employment, regarding extreme hardship, but will not and opposition were engaged in peace career opportunities, and reasonable initially be required to attach negotiations throughout 1990 and 1991, wages than someone working in the documentary evidence to support his or the United States recognized the need to United States unlawfully. Thus, it is her answers. The instructions will note, provide special protection to more likely that ABC class members are however, that the Service may request Salvadorans residing in the United participating more fully in the economy additional documents for any aspect of States. Congress first gave Salvadorans and would experience extreme hardship the application, including extreme protection through TPS, and then, even upon deportation or removal. While hardship, at the time of the interview. after peace accords had been signed, the work authorization alone may not be a President extended protection through clear predictor of extreme hardship, the The lack of one or more factors will DED until the end of 1994. While these fact that class members were entitled to not lead to a conclusion that the special protections were only formally receive it, when viewed in addition to presumption has been overcome. accorded to Salvadorans, registered their long-term and authorized presence Instead, adjudicators will evaluate an Guatemalan class members also in the United States, adds to the application on the basis of whether, benefited from these protections likelihood that they have built strong given the presumption, the application because it was not administratively ties to this country and would suffer contains evidence of factors associated efficient to conduct ABC interviews extreme hardship if returned to El with extreme hardship (as set forth in solely for Guatemalans. Furthermore, Salvador or Guatemala. For those class § 240.58). Generally, the presumption the Guatemalan peace accords were not members with steady employment in will be overcome only under two signed until 1996, making it less likely the United States, the possibility of circumstances. First, the presumption that Guatemalan class members in the extreme hardship might be further might be overcome in those cases where United States would have sought to compounded by reportedly significant there is no evidence of factors repatriate prior to that time. underemployment in Guatemala and El associated with extreme hardship (for The result of this unusual Salvador. example, an applicant who has no immigration history is the creation of a Consequently, ABC class members family in the United States, no work large class of individuals who share eligible for relief under section 203 of history, and no ties to the community). certain strong predictors of extreme NACARA will be presumed to satisfy Second, evidence contained in the hardship. By the time NACARA the requirements for extreme hardship record could significantly undermine adjudications before the Service begin, upon submission of a completed Form the basic assumptions on which the all NACARA-eligible ABC class I–881. Although the Department has presumption is based. For example, if members will have been in the United carefully considered requests to include an individual has acquired significant States at least 9 years, while more than other NACARA-eligible applicants resources or property in his or her home two-thirds will have lived here for a within the presumption, the facts do not country, the individual and his or her decade or more. Most NACARA-eligible appear to justify a presumption for those qualified family members may be able to ABC class members will also have lived applicants. The ABC class is return without experiencing extreme in the United States for a prolonged distinguished from other NACARA hardship, in the absence of other period of time without fear of applicants by its distinct legal identity hardship factors in the case (such as a deportation, and will have done so and the specific characteristics serious medical treatment for which continuously from the date of the identified in this discussion. This there is no treatment in the home settlement agreement to the present day, interim rule will, therefore, continue to country).

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The adjudicator must evaluate all the community in the United States or to unnecessary to require an adjudicator to evidence in the record and weigh it the United States, the impact of an give additional weight to immigration accordingly in making a determination environmental disaster within the history in making a final determination. as to whether the presumption has been proposed country of removal, and the Eligibility—Evidence overcome. In the case of applications difficulty of readjusting to one’s country submitted to the Service, a of origin. Several commenters requested that determination that the presumption has Section 240.58(b) contains a non- the regulations provide that the been overcome will result in referral to exclusive and broadly worded list of applicant’s credible testimony by itself the Immigration Court or dismissal of factors that have been found relevant by may be sufficient to satisfy the the application, while such a adjudicators when determining whether eligibility requirements. Other determination by an Immigration Court extreme hardship would result from an commenters stated that the regulation will result in denial of the application. individual’s deportation. The present must include reference to the use of rule specifically notes that the listed ‘‘any credible evidence’’ in any case Eligibility—Other Comments Regarding factors are those that have generally involving battered spouses and children Extreme Hardship been recognized in case law, but that under section 244(a)(3) of the Act, as in Several commenters requested that other factors that have not been listed effect prior to IIRIRA, or section the Department modify § 240.58(b) by may be particularly significant in an 240A(b)(2) of the Act. deleting the sentence, ‘‘To establish individual applicant’s case. It would be The Department declines to provide extreme hardship, an applicant must difficult to list all of the factors that may that credible testimony may be demonstrate that deportation would arise in a particular case. Additionally, sufficient to establish eligibility for result in a degree of hardship beyond the attempt to do so could be counter- suspension of deportation or special that typically associated with productive because, as the description rule cancellation of removal. In contrast deportation.’’ The commenters argued of each factor becomes more detailed, it to an applicant for asylum for whom that this phrase could allow an could restrict the focus of the inquiry to credible testimony may be sufficient to adjudicator to discount an individual’s the more narrow description of each establish eligibility, an applicant for particular hardship claim if it was factor. Moreover, some of the suggested suspension of deportation or special similar to that of other applicants from modifications, if included in the rule, rule cancellation of removal may the same country. would exceed the scope of the current reasonably be expected to provide The Department believes it is not understanding of extreme hardship and, corroborating evidence of certain appropriate to delete this sentence. The therefore, exceed the intended purpose eligibility criteria. An asylum applicant discussion of extreme hardship of codifying these factors. The broader understandably may not be able to contained in § 240.58(b) is based on the language of the present rule permits provide documentary evidence of the general principles set forth in numerous greater flexibility for applicants and circumstances that caused flight, given administrative law opinions and federal adjudicators and will allow the the nature of the claim. However, an case law. These cases routinely note that assessment of new factors to occur individual who has lived in the United extreme hardship must be something within the context of specific States for at least 7 years should be able greater than the kind of disruption in a adjudications. As previously explained, to provide, where necessary, some form person’s life that is likely to occur the Department has made an exception of documentary evidence of physical whenever someone is deported. As the only in the case of the factors related to presence in the United States and, supplemental discussion in the VAWA, which have been independently where necessary, corroboration of proposed rule explained, hardship does developed in the course of the self- community ties or other evidence not have to be unique to be extreme, but petitioning process and are already in establishing that removal would result the effect of deportation or removal on use in immigration proceedings. in extreme hardship. the individual or a qualified relative With respect to applicants for must be sufficiently clear to show that Eligibility—Discretion suspension of deportation or the hardship would be extreme. Several commenters requested that cancellation of removal who are eligible Several commenters asked the § 240.64(a) provide that status as an to apply for relief under the special Department to modify the list of extreme ABC class member or as a recipient of standards of section 244(a)(3) of the Act, hardship factors contained in § 240.58 TPS or DED be considered a as in effect prior to IIRIRA, or section by providing expanded definitions for discretionary factor that weighs 240A(b)(2) of the Act, those statutory each factor. For instance, the positively in favor of granting relief. The provisions already provide that credible commenters requested that commenters further requested that the testimony may be sufficient to establish § 240.58(b)(4), regarding an alien’s regulations explicitly provide that such material facts in a case. Because the ability to find employment in the authorized presence in the United States interim rule affects these cases only proposed country of removal, should be will outweigh all but the most egregious with respect to extreme hardship, it is further modified to indicate that the adverse discretionary factors. employment must pay a living wage. Although the fact that an applicant unnecessary and potentially confusing Similarly, commenters requested that has received TPS or DED may be to carve out a special provision within § 240.58(b)(9), regarding the considered in the discretionary decision the NACARA implementing rule to psychological effect of removal, list to grant suspension of deportation or address this issue. specific types of psychological harm, special rule cancellation of removal, the Application Process such as that which may be caused by an Department believes that it should not inability to support one’s family. Other be given any more weight than other Fee for Filing NACARA Application suggestions included specifically discretionary considerations. Comments regarding the proposed fee discussing membership in the ABC class Immigration history, including the structure ($215 for individual as a relevant immigration history factor, receipt of TPS or DED, is an appropriate applications, with a $430 family cap) as well as including remittances sent to factor to consider when evaluating ranged from adopting the $100 fee family members abroad as a relevant extreme hardship during the eligibility required for an application filed with factor under contributions to a determination. As such, it is the Immigration Court to expanding the

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Additionally, this proposal, if already paid a $100 application fee to There are two general categories of adopted, would create an inefficient submit an application for suspension of NACARA beneficiaries who may be in process for the Service and might result deportation or cancellation of removal immigration proceedings that have been in applicants paying fees to the Service administratively closed to allow the in Immigration Court proceedings, but for applications that are never then requested that the Immigration beneficiary to apply for relief with the adjudicated. The proposed procedure to Court or Board administratively close Service. The first category comprises allow an individual to first submit an the case to allow the individual to apply dependents of NACARA beneficiaries with the Service. who have applied for section 203 application to the Service before an As explained in greater detail in the NACARA relief with the Service. An Immigration Court has granted a motion supplementary information to the individual in the first category may or to reopen would lead to instances in proposed rule, the Service is required by may not have already submitted a fee to which an applicant pays $215 to the statute to fund the processing of EOIR, depending on whether the Service, but then is not allowed to applications through user fees. No individual has applied for any relief that proceed on the application, because an appropriations have been provided by requires an application fee. In such Immigration Court denies the motion to Congress from tax dollars to adjudicate cases, the individual may opt to remain reopen or denies the motion to close the applications for relief under section 203 within the jurisdiction of the case once it has been reopened. of NACARA. The cost to the Service to Immigration Court, rather than pay a adjudicate applications must be funded higher fee to apply with the Service. Limited Submission of the Form EOIR– from the Immigration Examinations Fee The second category comprises 40 to the Service individuals who had final orders of Account, which is the sole source of Many commenters requested that the funding for the processing of deportation or removal that were regulations allow the limited immigration and naturalization reopened to allow the individuals to submission to the Service of an already applications and petitions, and for other apply for benefits under section 203 of purposes designated by Congress, such NACARA, and who then move to completed Form EOIR–40, for those as the processing of asylum applications administratively close the proceedings applicants who submitted the Form for which no fee is required. Having to apply for benefits with the Service. EOIR–40 in proceedings that have been carefully studied the estimated costs of An applicant is not required to pay the administratively closed. adjudicating applications under section $100 filing fee for a suspension of The Department agrees that it would 203 of NACARA, the Service calculated deportation or special rule cancellation be unnecessarily burdensome for an that a fee of $215 for a single applicant, of removal application submitted in applicant who had submitted a or $430 for a family filing at the same order to perfect a motion to reopen. The completed Form EOIR–40 to the time, is necessary to recover costs applicant is required only to submit to Immigration Court to then complete a associated with processing the EOIR a copy of the application and Form I–881 in order to apply with the applications. Therefore, the filing fee supporting documents that would be Service. Most of the information filed if the case is reopened. The cannot be lowered to $100. requested on the Form I–881 is also Similarly, the benefit of the family applicant is not required to pay the requested on the Form EOIR–40. cap cannot be extended to those persons application fee until after a motion to who do not file simultaneously because reopen has been granted and the However, the information on the first the $430 family cap takes into account applicant has thus been allowed to page of the Form I–881 is necessary for administrative cost savings achieved by apply for relief. At that time, the the Service to determine jurisdiction, processing and adjudicating multiple applicant will have a choice to either eligibility to apply, and for completion cases as a single unit. Permitting pay the fee and submit the original of data entry when accepting the applicants who file separately to take application to EOIR for adjudication by application. Therefore, an applicant advantage of the cap undermines the an Immigration Court, or ask that the who filed a Form EOIR–40 before the projected savings and creates additional case be administratively closed so that date that the Form I–881 is available administrative costs. The only way to the applicant may apply with the may apply with the Service by account for those costs would be to Service. If the applicant has already submitting the Form EOIR–40 attached increase the fee for individual paid the $100 to apply with EOIR and to a completed first page of the Form I– applications or to increase the family wishes to apply with the Service, the 881. cap. The current fee represents an applicant will nonetheless be required Also, any applicant who is filing with appropriate balance between the need to to pay the full $215 application fee. the Service a Form I–881 or Form EOIR– cover the costs of adjudication and avoiding prohibitively expensive filing Filing the Form I–881 With the Service 40 (with page 1 of the Form I–881 fees. To Perfect a NACARA Motion To attached), and was previously in The Department believes the current Reopen proceedings before EOIR that have been language in the regulation addresses the One commenter requested that the administratively closed or continued fee requirements for applying with the rule should permit an applicant who should attach to the application a copy Service. Regardless of any fees an must file a motion to reopen under of the order to administratively close the individual has paid in the past in the section 203(c) of NACARA to submit the proceedings issued by the Immigration course of immigration proceedings, each Form I–881 directly to the Service Court or Board. This documentation individual who submits an application before his or her case has been requirement has now been added to the with the Service will be required to pay reopened. Proof of filing with the instructions to the Form I–881. the full $215 application fee or the $430 Service would then permit the family fee, as applicable. This includes Immigration Court to reopen the case.

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E. Adjudication appeared for fingerprinting during the appear for the asylum interview without time period designated on the prior authorization may result in Procedure for Interview Before an appointment notice. dismissal of the application or waiver of Asylum Officer—Fingerprinting, The proposed rule required an the right to an interview. 8 CFR 208.10. Rescheduling of Fingerprint and applicant to show good cause in order One commenter requested that Interview Appointments to reschedule a missed interview. In fingerprinting delays not be permitted to There were several comments order to avoid conflicts with the ABC delay the adjudication and approval by regarding provisions governing settlement requirements, language the Service of an application for relief fingerprinting and the rescheduling of governing the rescheduling of under section 203 of NACARA. The fingerprinting appointments and interviews contained in § 240.68 of the Service intends to make no change in its interviews. Several commenters proposed rule has been amended to plan to schedule NACARA applicants requested that fingerprinting mirror the language of paragraph 13 of for interviews on their applications for appointments should be scheduled at the ABC settlement agreement. A suspension of deportation or special the designated Application Support reasonable excuse provided to the rule cancellation of removal only after Center (ASC) nearest to applicant’s Service will be sufficient to obtain a the Service has received a definitive home. Others requested that the rescheduling of the fingerprint response from the Federal Bureau of regulation specify that an applicant may appointment or NACARA interview. A Investigation (FBI) that a full criminal submit a request to reschedule the request to reschedule an interview background check has been completed. interview or fingerprinting appointment should be submitted in writing to the This will allow an asylum officer to and should also provide a procedure for asylum office having jurisdiction over make a decision on the eligibility for rescheduling the interview or the the case before the date of the interview, NACARA relief at the time of the fingerprinting appointment. The where the need to reschedule is known interview and give the Service the comments suggested that the regulation by the applicant prior to the interview ability to grant an applicant who has an allow applicants to make the requests date, or immediately after the scheduled approvable NACARA claim legal either in writing or by phone and that interview when the circumstances that permanent resident status on the day of the Service should assign staff to answer led the applicant to miss the interview the interview, where appropriate. the phone. One commenter requested could not be foreseen in advance. Any Unlike the affirmative asylum process, that all notices to applicants explain the significant delay by an applicant in there will be no need to issue procedure for canceling and submitting a written request to recommended approvals to applicants rescheduling fingerprinting reschedule an interview increases the for NACARA relief while the Service appointments and interviews. Another risk that the Service will find the awaits fingerprint clearance. commenter suggested that the applicant’s failure to appear for an Recent improvements in fingerprint regulations incorporate paragraph 13 of interview as unexcused, thus resulting processing were designed to reduce the ABC settlement agreement, which in dismissal of the NACARA application delays and should not affect interview provides special procedures to or referral of the application to EOIR. scheduling and the adjudication of reschedule interviews for class members It is the applicant’s duty to provide applications for suspension of eligible for ABC benefits. Many the Service with a mailing address to deportation or special rule cancellation commenters suggested that the ABC which the fingerprint and interview of removal under NACARA. Among the settlement procedures governing failure notice can be delivered. For cases in improvements in fingerprint processing to appear for interviews should be which the Service fails to send the are the automatic scheduling of a applied to all NACARA adjudications. appointment notice to the applicant’s second fingerprint appointment for an The Service recognizes that an current address, the regulation applicant whose fingerprints are applicant must sometimes reschedule continues to treat the failure to appear rejected upon first submission to the interviews and fingerprint appointments for fingerprinting or interview that FBI, and the notification of asylum and intends to accommodate all results from the Service error as offices when an applicant’s fingerprint reasonable requests, as long as resources excused, provided that the applicant submission has been rejected by the FBI permit and applicants do not appear to properly submitted his or her current for a second time. be abusing the process for purposes of address to the Service prior to the date Consequences for Failure to Appear delay. the notice was mailed. In such With respect to initial fingerprint circumstances, the Service would move Several commenters requested appointments, each applicant will be to regain jurisdiction, if the case has amendments to the provisions regarding scheduled for fingerprinting at the ASC already been referred to EOIR. the consequences for failure to appear having jurisdiction over the applicant’s The Service does not presently have for an interview. Many commenters place of residence. Only certain ASCs the capability to take requests to maintained that dismissal of an presently have the capability to accept reschedule fingerprint appointments or application for failure to appear for requests for rescheduling. For an interviews over the phone, and believes fingerprinting is a disproportionate applicant scheduled for a fingerprint that a written record of such requests is penalty and that, instead, the applicant appointment at an ASC with the in the applicant’s best interests, because should have to pay the $25 capability of rescheduling fingerprint it creates a record of the applicant’s fingerprinting fee again and be appointments, the appointment notice attempt to comply with application rescheduled for another fingerprinting will provide the applicant with the requirements. The Department also does appointment. Several commenters information necessary to request a not agree with the comment that proposed that the regulations be rescheduling. For an applicant applicants should not be sanctioned for amended to require the Service to grant scheduled for an appointment at ASCs failure to appear unless they have been suspension of deportation or special without this capability, the applicant notified of the interview by certified rule cancellation if it is clear from the will automatically be rescheduled by mail or personal service. An asylum application that the application should the Service for another fingerprint interview can be sent by regular mail to be granted, even if the person fails to appointment if the Service does not an individual’s last address properly appear for an interview. However, if the receive confirmation that the applicant provided to the Service. A failure to applicant is not clearly eligible for relief

VerDate 06-MAY-99 16:28 May 20, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\21MYR2.XXX pfrm01 PsN: 21MYR2 27870 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations and has not shown ‘‘good cause’’ for Consequences for Failing to Bring an inadmissibility and deportability and failure to appear, the application, in the Interpreter whether to continue to pursue a view of the commenters, should be One commenter stated that the failure pending asylum request should not be referred to the Immigration Court and to bring an interpreter to the interview delayed until the day the applicant not dismissed. should not be treated as a failure to returns to receive the decision. The Department declines to adopt appear for the interview and that, The Department agrees with these these suggestions for minimizing the instead, the case should be rescheduled. comments. Section 240.70(b) of the consequences of failing to appear for As in the case of asylum interviews, interim rule provides that, ‘‘[i]f the fingerprinting or for an interview. A the Service intends to include in the Service has made a preliminary decision proper determination of eligibility for interview notice notification that the to grant the applicant suspension of suspension of deportation or special applicant is required to bring an deportation under this subpart, the rule cancellation of removal cannot be interpreter to the interview if the applicant shall be notified of that made without interviewing the applicant is not fluent in English. decision and will be asked to sign an applicant. Suspension of deportation Therefore the applicant will be given admission of deportability or and special rule cancellation of removal notice of the need to bring a qualified inadmissibility.’’ This is the last step are discretionary forms of relief with interpreter to the interview. before an individual is granted relief, several substantive requirements that It has been the practice of the Asylum because no preliminary decision may be cannot be evaluated based upon a paper Program to reschedule all asylum made until after the fingerprints have record. Therefore, the Service cannot interviews in which an applicant fails, been cleared. Pursuant to § 240.67(a) of properly grant an application for relief for the first time, to bring an interpreter the rule, an applicant subject to the under section 203 of NACARA if an to the interview or, for the first time, fingerprinting requirements will be applicant fails to appear for an brings an incompetent interpreter to the interviewed only after the individual interview. interview. The Service intends to has complied with the fingerprinting The Department believes that it is continue this practice with interviews requirements, and the Service has appropriate to adopt procedures conducted pursuant to NACARA, as received a definitive response from the restricting access to the Service long as resources permit the liberal FBI that a full criminal background application process when individuals rescheduling policy. However, to retain check has been completed. fail to comply with procedural PART III, section (F) of the the administrative flexibility necessary requirements. To do otherwise would instructions to Form I–881 presently to continue processing a large number of disrupt the system and create delays contains an explanation of the applications should a large number of that unfairly penalize applicants who requirement that an applicant sign an applicants begin to appear for complied with the requirements. The admission of inadmissibility or interviews without interpreters, the provisions allowing referral or dismissal deportability before he or she can be Department does not believe it are not only reasonable, but also more granted suspension of deportation or appropriate to mandate such generous than other immigration special rule cancellation of removal by rescheduling by regulation. provisions that permit denial of the Service. The Service also intends to applications for failure to comply with Access to Interpreters present the applicant with a further interviewing or fingerprinting Several commenters requested that explanation of the requirement to admit requirements. the Service provide Spanish speaking- inadmissibility or deportability, as well In almost all cases in which an asylum officers at various points in the as the opportunity to continue to pursue applicant fails to appear for an NACARA interview and decision- a request for asylum or to withdraw the interview or fingerprinting issuing process to relieve applicants of asylum application should the appointment, the Service will refer the the burden of having to provide application for suspension or special application to an Immigration Court for rule cancellation be approved at the a decision. Therefore, the applicant will interpreters and to help applicants understand the decisions they receive. time of the interview. The Service will still have the opportunity to apply for also continue to consider the feasibility suspension of deportation or special The Service is unable to change the present requirement that an applicant of providing this important information rule cancellation of removal before the to the applicant prior to the interview. Immigration Court. provide his or her own interpreter if The Service will not refer an unable to proceed in English. The Timing of Approval of NACARA application to the Immigration Court Service has neither the qualified staff Application nor the resources to provide Spanish- when the applicant does not appear Many commenters requested that the speaking asylum officers at all steps of inadmissible or removable. In such regulations permit an asylum officer to the NACARA process. cases, the Service will dismiss the grant an application at the time of application without prejudice so that it F. Decisions by the Service interview. The Department intends to does not remain pending indefinitely do so in appropriate cases. The interim Concessions of Inadmissibility and with the Service. If the application were rule, at § 240.70(a), will permit an Deportability to remain pending indefinitely with the asylum officer to grant an application at Service, the applicant would continue One commenter requested that the the time of the interview. The Service to be eligible for employment Service not ask a NACARA applicant to will have the discretion to determine authorization, even though he or she sign a concession of inadmissibility or the circumstances under which it is was not pursuing the application. To deportability until the last stage of the appropriate for an asylum officer to avoid such a procedural loophole, the decision-making process, after grant an application at the time of the Service must be able to dismiss the fingerprints have cleared. One interview. application. If the applicant still wishes commenter requested that the to pursue relief under section 203 of explanation given to the applicant Notice of Reasons for Referral or NACARA and is otherwise still eligible regarding the consequences of certain Dismissal to file for relief with the Service, he or decisions an applicant will need to Many commenters requested that the she could file a new application. make regarding concession of regulations require the Service to justify

VerDate 06-MAY-99 16:28 May 20, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\21MYR2.XXX pfrm01 PsN: 21MYR2 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27871 the reason for not granting suspension provision will apply only to lawful applications into regulations governing of deportation or special rule permanent resident applicants who are procedures for the unrelated benefit of cancellation of removal. One comment not eligible for ABC benefits, such as suspension of deportation and special stated that the Service should, at a those who adjust status under section rule cancellation of removal, or minimum, include in a decision a list of 202 of NACARA or through other means extending the ABC settlement agreement factors considered in evaluating such as relative petitions. provisions governing asylum whether removal would result in The Department believes that it is adjudication to applicants not covered extreme hardship. unnecessary to increase the notice by the settlement agreement. The Department agrees that the period to 60 days. If an individual needs referral or dismissal letter served on an additional time to consult with counsel, Effect of Mandatory Pick-up on ABC applicant should include notification of he or she may submit a request for Agreement the reason or reasons for the decision, additional time. If an individual’s Several commenters assert that and the Service intends to include such application is presumed withdrawn, but § 240.70(a), which requires applicants to notification in all referral and dismissal the individual still wishes to pursue return to an asylum office to receive a letters. The decision will not contain a asylum in the United States, even decision, violates the ABC settlement list of all the factors considered in though he or she has lawful permanent agreement because the settlement evaluating whether removal would resident status, the individual may agreement does not require this. result in extreme hardship. Rather, the submit a new asylum application to the The Department disagrees with this contents of such letters will model the Service for adjudication. interpretation of the ABC settlement referral letters issued after an asylum The Department agrees that the agreement. First, § 240.70(a) provides interview, briefly indicating the basis written notice should be required and for service of a decision on eligibility for for the decision. This process will allow has incorporated that requirement into suspension of deportation or special § 208.14. However, the notice will not the Service to adjudicate NACARA rule cancellation of removal, and the be translated into any other languages. applications in an efficient and timely ABC settlement agreement has no fashion, while also requiring the Distinction Between ABC and NACARA bearing on any process relating to deciding officer to give the applicant an Adjudications Service adjudication of a request for explanation for why the claim is being suspension of deportation or special referred to the Immigration Court. Several commenters stated that the regulations should recognize the rule cancellation of removal. Second, Section 240.70(d) and (e) now provides neither the ABC settlement agreement that the applicant will be given written Service’s obligations under paragraph nor the 1990 regulations, which also notice of the statutory or regulatory 15 of the ABC settlement agreement govern adjudication of ABC asylum basis for the referral or dismissal. regarding preliminary asylum recommendations and should apply applications, contains any provisions Presumed Withdrawal of an Asylum those provisions to all NACARA governing the service of a final decision Application beneficiaries. on eligibility for asylum. Therefore, the Several commenters requested that Paragraph 15 of the ABC settlement Department believes that requiring an the proposed revisions to 8 CFR 208.14, agreement provides very specific ABC applicant to return to the Asylum relating to the presumption of procedural requirements for making Office to receive an asylum decision abandonment of an asylum application preliminary and final decisions on would not be inconsistent with the when the applicant is granted legal eligibility for asylum. For example, it settlement agreement. It would make permanent resident status, be revised to specifies procedures for sending asylum little sense to require an individual to give an applicant granted adjustment of assessments to the Department of State return to an Asylum Office to receive a status to lawful permanent resident 60 and requires the Service to provide a decision on the NACARA application, days, rather than the proposed 30 days, written notice of intent to deny an but to prohibit the Asylum Office from to decide whether to pursue a pending asylum application prior to issuing a informing the applicant of any final or asylum application, and that the final adverse decision. It is limited to preliminary decision on the asylum regulations should also require the asylum applicants who meet the criteria application while the applicant is at the Service to provide written notice in for eligibility for ABC benefits as Asylum Office. It would be much more Spanish and English advising the provided in the settlement and is not efficient for both the Service and the applicant of the deadline and its relevant to the adjudication of applicant for the Service to deliver both significance. applications under section 203 of decisions at once, where appropriate. The revisions to 8 CFR 208.14 are NACARA, which is an application for a Restriction of Asylum Officer’s primarily aimed at addressing those completely separate form of relief. Authority circumstances in which an applicant for While the interview for asylum asylum adjusts his or her status to that eligibility and relief under NACARA Another commenter requested that of lawful permanent resident by some may be combined, the decision-making the regulations provide that no final other means while the asylum process is distinct. The parties to the decision may be made by a Service application is pending. The revised settlement agreement—the Service, officer, but can be made only by an § 208.14 will not apply to the majority EOIR and the Department of State— Immigration Court. The commenter also of applicants under section 203 of remain bound by the provisions of the stated that applicants must be made NACARA, because the vast majority of settlement agreement and will continue aware of the right to appeal a decision those applicants are eligible for benefits to comply with all aspects of the to the Board of Immigration Appeals. of the ABC settlement agreement. As settlement agreement in adjudicating The Department declines to adopt the such, the processing of their asylum asylum requests filed by ABC class recommendation that the regulations applications is largely governed by the members who are eligible for the require that the final decision can be 1990 asylum regulations, which do not benefits of the settlement agreement. made only by an Immigration Court. If contain a similar provision allowing the The Department declines to incorporate an asylum officer were not given Service to presume that an asylum the settlement agreement requirements authority to issue a final grant of application is abandoned. This revised governing the processing of ABC asylum suspension of deportation or special

VerDate 06-MAY-99 17:20 May 20, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\21MYR2.XXX pfrm02 PsN: 21MYR2 27872 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations rule cancellation of removal, there implementing section 203 of NACARA. asylum applications by April 1, 1990, would be no benefit to allowing 64 FR 13663 (March 22, 1999). Because directly with the Service. NACARA beneficiaries to apply with the statute limited the initial filing In response to several comments, the Service for relief under section 203 period, the September 11, 1998, PART II (C) of the Instructions is of NACARA. The rule, however, does deadline for submitting initial motions amended to indicate the fee required not give asylum officers authority to cannot be extended. The Service has when submitting the Form I–881. Many deny relief under section 203 of agreed to consider joining in motions to comments also requested that the NACARA. If an asylum officer reopen in certain cases for NACARA Service accept a Form EOIR–40 instead determines that an applicant is not applicants who were prima facie eligible of a Form I–881 when an applicant has eligible for a grant of suspension of for relief as of September 11, 1998, and already filed the Form EOIR–40 with deportation or special rule cancellation who can establish a valid reason for EOIR. As stated earlier, the Service will of removal and has not been granted failing to submit a timely motion to accept a previously filed Form EOIR–40 asylum, the asylum officer must refer reopen. as a NACARA application, so long as the application to an Immigration Court the applicant fills out page 1 of the H. Comments on the Form I–881 and Form I–881 and attaches it to the front for adjudication. The exception would Instructions be those cases in which the applicant of the Form EOIR–40 for data entry does not appear inadmissible or The public comments on the Form I– purposes. At PART III(C) and PART IV, deportable and therefore could not be 881, Application for Suspension of the Instructions are amended to clarify placed in removal proceedings. In such Deportation or Special Rule when the Form I–881 must be used and rare instances, the application would be Cancellation of Removal, ranged from when the Form EOIR–40 may be used. dismissed. requests for simple word changes and Several commenters requested that The Department does not believe it is comments of significant complexity, to the language in the Instructions and the necessary for the rule to require that an a request that the Form EOIR–40 be Form I–881 be amended regarding the applicant be made aware of the right to used for NACARA applications instead type of evidence of tax payments that appeal a decision to the Board of of the Form I–881. should be submitted, and asked that In response to the comment that Immigration Appeals, because 8 CFR 3.3 evidence of tax payments be accepted at suggested that the Form EOIR–40 be already provides that a party affected by the interview or hearing and not used for NACARA applications for a decision who is entitled to appeal an required to be attached to the suspension of deportation or special Immigration Court’s decision to the application, pointing out the difficulty rule cancellation of removal instead of Board of Immigration Appeals must be of obtaining this information quickly. creating a new form, the Department given notice of the right to appeal. PART V of the Instructions and Part 4, believes that the Form I–881 is useful in question 4 of the Form I–881 now G. Miscellaneous Comments (1) drawing out the basis for an provide that an applicant may submit applicant’s claim to eligibility for Employment Authorization any evidence of filing a tax return, NACARA section 203 relief, and (2) including Internal Revenue Service Several commenters requested that providing NACARA applicants who computer printouts, and does not the regulations specify where to file an may submit the application for specify that the evidence should be a tax application for employment suspension of deportation or special return. The Instructions indicate that authorization. The Department declines rule cancellation of removal to the the Form I–881 may be supplemented at to provide this procedural information Service without the aid of an attorney or the time of interview or hearing. The in the regulation. It is more appropriate representative some guidance as to the Department declines to amend this that such procedural information, which type of factors that are relevant to the section or other sections that request is subject to change, be provided in the determination of extreme hardship. documentation be attached to the Form instructions to the application used to Despite the decision by the Attorney I–881, because the Service Center will obtain the benefit. The instructions to General to establish a rebuttable not reject the application of an applicant the Form I–881 have been amended to presumption of extreme hardship for who does not have records of tax state that an individual who does not certain NACARA beneficiaries, payments or other documentation at the have employment authorization and is applicants will still need to provide time he or she submits the Form I–881, eligible for employment authorization responses to the questions in the Form and the applicant may submit this under 8 CFR 274.12(c)(10) should I–881 directed towards the extreme information at the time of the interview submit a completed Form I–765, with hardship issue in order to qualify for or hearing. his or her completed Form I–881, to the suspension of deportation or special At PART VI of the Instructions for the Service Center that has jurisdiction over rule cancellation of removal. Form I–881, language has been added in the Form I–881. Certain Changes to the form or response to a commenter requesting instructions reflect substantive changes information on where a person should Extension of Deadline to Perfect made to the regulation. For example, apply for employment authorization. NACARA Motion to Reopen both PART 1(C) of the Instructions and The Instructions now note that an One commenter requested that the Part 2(b) of the Form I–881 are amended individual who wishes to work, who deadline to complete a motion to reopen to read ‘‘A Guatemalan or Salvadoran does not have employment be extended. On January 14, 1999, EOIR national who filed an application for authorization, and is eligible for announced that it would extend the asylum on or before April 1, 1990,’’ in employment authorization under 8 CFR deadline for supplementing NACARA light of the Department’s decision, 274.12(c)(10), should submit a motions to reopen that were submitted previously discussed, to adopt a broader completed Form I–765 with his or her on or before September 11, 1998. Under interpretation of the eligibility language completed Form I–881 to the Service 8 CFR 3.43, as amended, NACARA in section 309(c)(5)(C)(i)(II) of IIRIRA, as Center that has jurisdiction over the motions to reopen must be added by section 203 of NACARA. The Form I–881. supplemented with an application and Department has deleted language that Part 4 of the Form I–881 includes a supporting documents no later than 150 limited eligibility to those Guatemalan change in the order of the subdivisions days after the effective date of the rule or Salvadoran nationals who filed their in that Part in response to a number of

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For example, to clarify that periods of ‘‘unpaid earnings and whether the applicant the number of lines provided to list employment’’ may include work as a supports his or her children financially places of residence has not been homemaker, intern, etc. In section 2, the has been deleted as overly burdensome. increased (an applicant must attach order of the types of assets has been Question 3 in this Part, which elicits additional sheets if more space is changed. In response to a number of information about the applicant’s needed to complete the section). comments, the term ‘‘motor vehicles’’ support of family members, has been One commenter requested that a row replaces ‘‘autos,’’ and a column for deleted. Also, Part 8 of the previous for debts and other liabilities be added spouse’s assets is now included. Also, version of the Form I–881, where to the information requested about an the section now requests that information about the applicant’s applicant’s assets in Part 4, section 2 of information on assets owned by ‘‘self’’ community ties was requested, has been the form. The Department does not include those assets jointly owned with deleted, and a question regarding believe it is necessary to add a row ‘‘spouse or others.’’ community ties has been incorporated requesting information about debts and Several commenters urged that the into Part 9 on Extreme Hardship. liabilities of an applicant. When question relating to receipt of public In response to a number of requesting information about the value benefits, contained at Part 4, question 3 suggestions to shorten or simplify the of any motor vehicles or real estate of the form, be deleted or limited to hardship section of the Form I–881, the owned by applicant and his or her requesting information regarding only spaces between questions have been spouse, Part 4, section 2 of the Form I– the receipt of cash benefits. The eliminated and the form requests the 881 specifically asks that the value commenters stated that the case law applicant to provide explanations to the listed should be ‘‘minus any amount permits but does not require that the answers on a separate sheet of paper. owed’’ on the property. It is sufficient receipt of public benefits be considered Additionally, as requested in some that the individual list only the equity as a discretionary factor. The comments, this section has been owned in the assets. commenters argued that the presence of modified to request ‘‘yes/no’’ answers to One commenter suggested that the such a question on the form would have questions regarding extreme hardship. introductory paragraph in Part 9 of the a chilling effect on the legitimate access The questions elicit the same type of form be changed to make it easier for the and use of programs promoting public information as the questions on the applicant to complete the form. This health and well-being by NACARA original version of the Form I–881. commenter proposed that the beneficiaries and their United States Question 11 has been added to Part 9 of introductory paragraph list the factors citizen family members. the Form I–881 to elicit information considered in establishing extreme The Department initially included the regarding community ties. Finally, this hardship, followed by a single open- question on the form to avoid surprise part explains that applicants who meet ended question asking for an to an applicant who might be asked the eligibility requirements for explanation of all hardship factors about receipt of public benefits at the NACARA suspension of deportation or relevant to the applicant’s claim. hearing or interview, and to give the special rule cancellation of removal applicant an opportunity to prepare a listed in (a) or (b) of Part 2 on page 1, As noted previously, Part 9 now asks statement of the circumstances that led and thus are entitled to a rebuttable for responses to ‘‘yes/no’’ questions and to the receipt of public benefits. presumption of extreme hardship, do explanations for those responses. Each However, in light of forthcoming not need to submit documentation with question elicits information about a guidance from the Department regarding their application to support their claim particular hardship factor, except for the the broader public charge issues, the of extreme hardship. This is also stated last question in the section, which asks question will be deleted from the Form in PART II(A) and PART V of the for other hardship the applicant would I–881. Omission of the question, Instructions. suffer if removed from the United however, does not mean that an At PART II(A), the Instructions are States. Specific questions eliciting adjudicator cannot raise the issue in the amended to include a reference to ‘‘page information about each particular course of an interview or hearing in 8’’ of the form, with the explanation that extreme hardship factor alert the appropriate cases. In the context of page 8 may be used as an additional applicant to the kind of information that suspension of deportation or sheet. Page 8 of the Form I–881 has been is relevant to demonstrate extreme cancellation of removal, questions about added to provide applicants with a hardship. The last question is open- receipt of public benefits are not blank sheet of paper to allow them to ended and gives the applicant the necessarily meant to draw inferences supplement or explain responses opportunity to expand upon against an applicant. A full and accurate provided in other parts of the form, such circumstances not covered by previous understanding of an applicant’s as the hardship section previously questions. The Department believes that financial condition is always relevant to described. In addition, Part 10 of the the present format, where particular the determination to grant or deny previous version of Form I–881, hardship questions are followed by an relief. In light of the ongoing review by Miscellaneous Information, is now Part open-ended hardship question, best the Department, and the possibility that 8. elicits information required for the this question may discourage people adjudicator to make a determination on from applying for benefits to which they Requested Changes not Incorporated extreme hardship. are entitled, the Department has decided into the Form I–881 Several commenters argued that the that the limited value of reducing the Additional lines for requested information requested in Part 8 of the element of surprise is outweighed by information have been added, and the form, Miscellaneous Information, broader public health concerns. order of questions has been changed should be limited to the applicable Parts 6 and 7 of the Form I–881, where possible and appropriate, as statutory period of good moral which request information about the requested by the commenters and character.

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As explained in an earlier response to their status to that of lawful permanent Family Assessment comments on the form that is on file resident. It will have no effect on small The Attorney General has reviewed with the Director, Policy Directives and entities, as that term is defined in 5 this regulation and has determined that Instructions Branch, questions that U.S.C. 601(6). it may affect family well-being as that request information beyond the 7-year term is defined in section 654 of the and 10-year periods for continuous Unfunded Mandates Reform Act of 1995 Omnibus Consolidated and Emergency physical presence are relevant to the Supplemental Appropriations Act, adjudication of suspension of This rule will not result in the 1999, Pub. L. 105–277, Div. A. deportation and special rule expenditure by State, local and tribal Accordingly, the Attorney General has cancellation of removal claims, because governments, in the aggregate, or by the assessed this action in accordance with this information may be considered in private sector, of $100 million or more the criteria specified in section the exercise of discretion. Other 654(c)(1). In this rule, the factors that questions in this part relate to eligibility in any 1 year, and it will not significantly or uniquely affect small may be considered in evaluating requirements that have no time limits. whether deportation or removal would For example, there are questions in the governments. Therefore, no actions were deemed necessary under the provisions result in extreme hardship include the Miscellaneous Information part of the safety and stability of the family. form relating to whether the applicant of the Unfunded Mandates Reform Act has been admitted to the United States of 1995. Paperwork Reduction Act as a crewman after June 30, 1964, or has Small Business Regulatory Enforcement This rule requires applicants to had the status of exchange visitor. Fairness Act of 1996 provide biographical data and Because the statute explicitly excludes information regarding eligibility for individuals who obtained such status This rule is not a major rule as relief under section 203 of NACARA on from a grant of suspension of defined by section 251 of the Small Form I–881. This requirement is deportation or cancellation of removal, Business Regulatory Enforcement considered an information collection this information is relevant to the Fairness Act of 1996. 5 U.S.C. 804. This that is subject to review by OMB under eligibility determination, regardless of rule will not result in an annual effect the Paperwork Reduction Act of 1995 whether the applicant held such status on the economy of $100 million or (PRA). The Service issued a 60-day more than 10 years ago. more; a major increase in costs or prices; notice in the Federal Register on May Finally, several commenters noted or significant adverse effects on 8, 1998, at 63 FR 25523, requesting that the Department’s estimate of 12 competition, employment, investment, comments on this new information hours to complete the form would prove productivity, innovation, or on the collection. No comments were received inadequate. Because this is a new form, ability of the United States-based during that initial 60-day comment it is difficult to estimate the number of companies to compete with foreign- period. On July 23, 1998, the Service hours needed to complete it. As noted based companies in domestic and issued a notice in the Federal Register, in the earlier response (and because of export markets. at 63 FR 39596, extending the comment a wide discrepancy in completion times period by 30 days. On November 24, in our sample study), the time to Executive Order 12866: Regulatory 1998, the Service issued a 30-day notice complete this form will vary Planning and Review in the Federal Register, at 63 FR 64895, significantly. For those applicants who and OMB subsequently approved the have readily available required This rule is considered by the Form I–881. The OMB control number documents and information, the time to Department of Justice to be a for this collection is contained in 8 CFR complete the form will be substantially ‘‘significant regulatory action’’ under 299.5, Display of control numbers. As less than the 12-hour estimate. For some section 3(f) of Executive Order 12866, discussed in the supplementary applicants, the time to gather the Regulatory Planning and Review. information to this rule, comments were information for the form will be Accordingly, this regulation has been received and considered, and certain significantly greater than the 12-hour submitted to the Office of Management changes were made to the proposed estimate. For the vast majority of the and Budget (OMB) for review. Form I–881 in light of those comments. individuals who do not need to provide Since a delay in issuing this interim documentation to demonstrate extreme Executive Order 12612: Federalism rule could create a further delay with hardship, the present time estimate The regulation adopted herein will respect to allowing aliens to apply for seems sufficient. not have substantial direct effects on the relief under section 203 of NACARA, Regulatory Flexibility Act States, on the relationship between the the Service is using emergency review National government and the States, or The Attorney General, in accordance procedures for review and clearance by with the Regulatory Flexibility Act (5 on the distribution of power and OMB in accordance with the PRA. If U.S.C. 605(b)), has reviewed this responsibility among the various levels granted, the emergency approval is only regulation and, by approving it, certifies of government. Therefore, in accordance valid for 180 days. Comments that this rule will not have a significant with Executive Order 12612, it is concerning the information collection economic impact on a substantial determined that this rule does not have should be directed to: Office of number of small entities because of the sufficient federalism implications to Information and Regulatory Affairs, following reason: This rule would warrant the preparation of a Federalism OMB Desk Officer for the Immigration provide new administrative procedures Assessment. and Naturalization Service, Office of Management and Budget, Room 10235, for the Service to consider applications Executive Order 12988: Civil Justice Washington, DC 20503. from certain Guatemalans, Salvadorans, Reform nationals of former Soviet bloc List of Subjects countries, and their qualified relatives This proposed rule meets the who are applying for suspension of applicable standards set forth in 8 CFR Part 103 deportation or special rule cancellation sections 3(a) and 3(b)(2) of Executive Administrative practice and of removal and, if granted, to adjust Order 12988. procedure, Authority delegations

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(Government agencies), Freedom of § 103.7 Fees. § 240.20 Cancellation of removal and information, Privacy, Reporting and * * * * * adjustment of status under section 240A of recordkeeping requirements, Surety (b) * * * the Act. bonds. (1) * * * * * * * * (c) For cases raised under section 8 CFR Part 208 Form I–881. For filing an application for suspension of deportation or special rule 240A(b)(2) of the Act, extreme hardship Administrative practice and cancellation of removal (pursuant to section shall be determined as set forth in procedure, Aliens, Immigration, 203 of Public Law 105–100): § 240.58 of this part. Reporting and recordkeeping — $215 for adjudication by the Service, 8. In subpart F, a new § 240.58 is requirements. except that the maximum amount payable added to read as follows: by family members (related as husband, 8 CFR Part 240 wife, unmarried child under 21, unmarried § 240.58 Extreme hardship. Administrative practice and son, or unmarried daughter) who submit (a) To be eligible for suspension of procedure, Immigration. applications at the same time shall be deportation under former section $430. 244(a)(1) of the Act, as in effect prior to 8 CFR Part 246 — $100 for adjudication by the Immigration April 1, 1997, the alien must meet the Administrative practice and Court (a single fee of $100 will be charged whenever applications are filed by two or requirements set forth in the Act, which procedure, Aliens, Immigration, more aliens in the same proceedings). The include a showing that deportation Reporting and recordkeeping $100 fee is not required if the Form I–881 would result in extreme hardship to the requirements. is referred to the Immigration Court by the alien or to the alien’s spouse, parent, or Service. 8 CFR Part 274a child, who is a citizen of the United * * * * * States, or an alien lawfully admitted for Administrative practice and permanent residence. Extreme hardship procedure, Aliens, Employment, PART 208ÐPROCEDURES FOR is evaluated on a case-by-case basis, Penalties, Reporting and recordkeeping ASYLUM AND WITHHOLDING OF taking into account the particular facts requirements. REMOVAL and circumstances of each case. 8 CFR Part 299 4. The authority citation for part 208 Applicants are encouraged to cite and document all applicable factors in their Immigration, Reporting and continues to read as follows: applications, as the presence or absence recordkeeping requirements. Authority: 8 U.S.C. 1103, 1158, 1226, 1252, of any one factor may not be 1282, 8 CFR part 2. Accordingly, chapter I of title 8 of the determinative in evaluating extreme Code of Federal Regulations is amended 5. Section 208.14 is amended by hardship. Adjudicators should weigh all as follows: revising the section heading and by relevant factors presented and consider adding a new paragraph (f), to read as PART 103ÐPOWERS AND DUTIES OF them in light of the totality of the follows: SERVICE OFFICERS; AVAILABILITY circumstances, but are not required to OF SERVICE RECORDS § 208.14 Approval, denial, referral, or offer an independent analysis of each dismissal of application. listed factor when rendering a decision. 1. The authority citation for part 103 Evidence of an extended stay in the continues to read as follows: * * * * * (f) If an asylum applicant is granted United States without fear of Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. adjustment of status to lawful deportation and with the benefit of work 1101, 1103, 1201, 1252 note, 1252b, 1304, permanent resident, the Service may authorization, when present in a 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR provide written notice to the applicant particular case, shall be considered 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 relevant to the determination of whether CFR part 2. that his or her asylum application will be presumed abandoned and dismissed deportation will result in extreme 2. In § 103.1, the last sentence in without prejudice, unless the applicant hardship. (b) To establish extreme hardship, an paragraph (g)(3)(ii) is revised to read as submits a written request within 30 applicant must demonstrate that follows: days of the notice, that the asylum deportation would result in a degree of application be adjudicated. If an § 103.1 Delegations of authority. hardship beyond that typically applicant does not respond within 30 * * * * * associated with deportation. Factors that days of the date the written notice was (g) * * * may be considered in evaluating sent or served, the Service may presume (3) * * * whether deportation would result in the asylum application abandoned and (ii) Asylum officers. * * * Asylum extreme hardship to the alien or to the dismiss it without prejudice. officers are delegated the authority to alien’s qualified relative include, but are hear and adjudicate credible fear of PART 240ÐPROCEEDINGS TO not limited to, the following: persecution determinations under DETERMINE REMOVABILITY OF (1) The age of the alien, both at the section 235(b)(1)(B) of the Act, ALIENS IN THE UNITED STATES time of entry to the United States and applications for asylum and for at the time of application for suspension withholding of removal, as provided 6. The authority citation for part 240 of deportation; under 8 CFR part 208, and applications is revised to read as follows: (2) The age, number, and immigration for suspension of deportation and Authority: 8 U.S.C. 1103; 1182, 1186a, status of the alien’s children and their special rule cancellation of removal, as 1224, 1225, 1226, 1227, 1251, 1252 note, ability to speak the native language and provided under 8 CFR part 240, subpart 1252a, 1252b, 1362; secs. 202 and 203, Pub. to adjust to life in the country of return; H. L. 105–100 (111 Stat. 2160, 2193); sec. 902, (3) The health condition of the alien * * * * * Pub. L. 105-277 (112 Stat. 2681); 8 CFR part or the alien’s children, spouse, or 3. In § 103.7, paragraph (b)(1) is 2. parents and the availability of any amended by adding the entry for ‘‘Form In subpart B, § 240.20 is amended by required medical treatment in the I–881’’ to the listing of fees, in proper adding a new paragraph (c), to read as country to which the alien would be numerical sequence, to read as follows: follows: returned;

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(4) The alien’s ability to obtain country to protect the applicant and/or NACARA means the Nicaraguan employment in the country to which the the applicant’s children from future Adjustment and Central American alien would be returned; abuse. Relief Act (NACARA), enacted as title II (5) The length of residence in the (d) Nothing in § 240.58 shall be of Pub. L. 105–100 (111 Stat. 2160, United States; construed as creating any right, interest, 2193), as amended by the Technical (6) The existence of other family or entitlement that is legally enforceable Corrections to the Nicaraguan members who are or will be legally by or on behalf of any party against the Adjustment and Central American residing in the United States; United States or its agencies, officers, or Relief Act, Pub. L. 105–139 (111 Stat. (7) The financial impact of the alien’s any other person. 2644). departure; 9. Part 240 is amended by adding Registered ABC class member means (8) The impact of a disruption of Subpart H to read as follows: an ABC class member who: educational opportunities; (1) In the case of an ABC class (9) The psychological impact of the Subpart HÐApplications for member who is a national of El alien’s deportation; Suspension of Deportation or Special Salvador, properly submitted an ABC (10) The current political and Rule Cancellation of Removal Under registration form to the Service on or economic conditions in the country to Section 203 of Pub. L. 105±100 before October 31, 1991, or applied for which the alien would be returned; temporary protected status on or before (11) Family and other ties to the Sec. 240.60 Definitions. October 31, 1991; or country to which the alien would be 240.61 Aplicability. (2) In the case of an ABC class returned; 240.62 Jurisdiction. member who is a national of Guatemala, (12) Contributions to and ties to a 240.63 Application process. properly submitted an ABC registration community in the United States, 240.64 Eligibility—general. form to the Service on or before including the degree of integration into 240.65 Eligibility for suspension of December 31, 1991. society; deportation. (13) Immigration history, including 240.66 Eligibility for special rule § 240.61 Applicability. authorized residence in the United cancellation of removal. (a) Except as provided in paragraph 240.67 Procedure for interview before an States; and asylum officer. (b) of this section, this subpart H applies (14) The availability of other means of 240.68 Failure to appear at an interview to the following aliens: adjusting to permanent resident status. before an asylum officer or failure to (1) A registered ABC class member (c) For cases raised under section follow requirements for fingerprinting. who has not been apprehended at the 244(a)(3) of the Act, the following 240.69 Reliance on information compiled time of entry after December 19, 1990; factors should be considered in addition by other sources. (2) A Guatemalan or Salvadoran to, or in lieu of, the factors listed in 240.70 Decision by the Service. national who filed an application for paragraph (b) of this section. asylum with the Service on or before (1) The nature and extent of the Subpart HÐApplications for April 1, 1990, either by filing an physical or psychological consequences Suspension of Deportation or Special application with the Service or filing the of abuse; Rule Cancellation of Removal Under application with the Immigration Court (2) The impact of loss of access to the Section 203 of Pub. L. 105±100 and serving a copy of that application United States courts and criminal § 240.60 Definitions. on the Service. justice system (including, but not As used in this subpart the term: (3) An alien who entered the United limited to, the ability to obtain and ABC means American Baptist States on or before December 31, 1990, enforce orders of protection, criminal Churches v. Thornburgh, 760 F. Supp. filed an application for asylum on or investigations and prosecutions, and 796 (N.D. Cal. 1991). before December 31, 1991, and, at the family law proceedings or court orders ABC class member refers to: time of filing the application, was a regarding child support, maintenance, (1) Any Guatemalan national who first national of the Soviet Union, Russia, child custody, and visitation); entered the United States on or before any republic of the former Soviet Union, (3) The likelihood that the batterer’s October 1, 1990; and Latvia, Estonia, Lithuania, Poland, family, friends, or others acting on (2) Any Salvadoran national who first Czechoslovakia, Romania, Hungary, behalf of the batterer in the home entered the United States on or before Bulgaria, Albania, East Germany, country would physically or September 19, 1990. Yugoslavia, or any state of the former psychologically harm the applicant or Asylum application pending Yugoslavia; the applicant’s child(ren); adjudication by the Service means any (4) An alien who is the spouse or (4) The applicant’s needs and/or asylum application for which the child of an individual described in needs of the applicant’s child(ren) for Service has not served the applicant paragraph (a)(1), (a)(2), or (a)(3) of this social, medical, mental health or other with a final decision or which has not section at the time a decision is made supportive services for victims of been referred to the Immigration Court. to suspend the deportation, or cancel domestic violence that are unavailable Filed an application for asylum the removal, of the individual described or not reasonably accessible in the home means the proper filing of a principal in paragraph (a)(1), (a)(2), or (a)(3) of country; asylum application or filing a derivative this section; (5) The existence of laws and social asylum application by being properly (5) An alien who is: practices in the home country that included as a dependent spouse or child (i) The unmarried son or unmarried punish the applicant or the applicant’s in an asylum application pursuant to daughter of an individual described in child(ren) because they have been the regulations and procedures in effect paragraph (a)(1), (a)(2), or (a)(3) of this victims of domestic violence or have at the time of filing the principal or section and is 21 years of age or older taken steps to leave an abusive derivative asylum application. at the time a decision is made to household; and IIRIRA means the Illegal Immigration suspend the deportation, or cancel the (6) The abuser’s ability to travel to the Reform and Immigrant Responsibility removal, of the parent described in home country and the ability and Act of 1996, enacted as Pub. L. 104–208 paragraph (a)(1), (a)(2), or (a)(3) of this willingness of authorities in the home (110 Stat. 3009–625). section; and

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(ii) Entered the United States on or removal who have filed and been to June 21, 1999 shall be filed on Form before October 1, 1990. granted a motion to reopen as required EOIR–40. (b) This subpart H does not apply to under 8 CFR 3.43); (c) Applications filed with the Service. any alien who has been convicted at any (ii) The alien is eligible for benefits of If jurisdiction rests with the Service time of an aggravated felony, as defined the ABC settlement agreement and has under § 240.62(a), the Form I–881 and in section 101(a)(43) of the Act. not had a de novo asylum adjudication supporting documents must be filed at pursuant to the settlement agreement; the appropriate Service Center in § 240.62 Jurisdiction. and accordance with the instructions on or (a) Office of International Affairs. (iii) The alien has not moved for and accompanying the form. Except as provided in paragraph (b) of been granted a motion to recalendar (d) Conditions and consequences of this section, the Office of International proceedings before the Immigration filing. Applications filed under this Affairs shall have initial jurisdiction to Court or the Board to request section shall be filed under the grant or refer to the Immigration Court suspension of deportation. following conditions and shall have the or Board an application for suspension (2) Spouses, children, unmarried following consequences: of deportation or special rule sons, and unmarried daughters. (i) The (1) The information provided in the cancellation of removal filed by an alien alien is described in § 240.61(a) (4) or application may be used as a basis for described in § 240.61, provided: (5); the initiation of removal proceedings, or (1) In the case of a national of El (ii) The alien’s spouse or parent is to satisfy any burden of proof in Salvador described in § 240.61(a)(1), the described in § 240.61(a)(1), (a)(2), or exclusion, deportation, or removal alien filed a complete asylum (a)(3) and has a Form I–881 pending proceedings; application on or before January 31, with the Service; and (2) The applicant and anyone other 1996 (with an administrative grace (iii) The alien’s proceedings before the than a spouse, parent, son, or daughter period extending to February 16, 1996), Immigration Court have been of the applicant who assists the or otherwise met the asylum application administratively closed, or the alien’s applicant in preparing the application filing deadline pursuant to the ABC proceedings before the Board have been must sign the application under penalty settlement agreement, and the continued, to permit the alien to file an of perjury. The applicant’s signature application is still pending adjudication application for suspension of establishes a presumption that the by the Service; deportation or special rule cancellation applicant is aware of the contents of the (2) In the case of a national of of removal with the Service. application. A person other than a Guatemala described in § 240.61(a)(1), relative specified in this paragraph who § 240.63 Application process. the alien filed a complete asylum assists the applicant in preparing the application on or before January 3, 1995, (a) Form and Fees. Except as provided application also must provide his or her or otherwise met the asylum application in paragraph (b) of this section, the full mailing address; filing deadline pursuant to the ABC application must be made on a Form I– (3) An application that does not settlement agreement, and the 881, Application for Suspension of include a response to each of the application is still pending adjudication Deportation or Special Rule questions contained in the application, by the Service; Cancellation of Removal (pursuant to is unsigned, or is unaccompanied by the (3) In the case of an individual section 203 of Public Law 105–100 required materials specified in the described in § 240.61(a)(2) or (3), the (NACARA)), and filed in accordance instructions to the application is individual’s asylum application is with the instructions for that form. An incomplete and shall be returned by pending adjudication by the Service; applicant who submitted to EOIR a mail to the applicant within 30 days of (4) In the case of an individual completed Form EOIR–40, Application receipt of the application by the Service; described in § 240.61(a)(4) or (5), the for Suspension of Deportation, before and individual’s parent or spouse has an the effective date of the Form I–881 may (4) Knowing placement of false application pending with the Service apply with the Service by submitting information on the application may under this subpart H or has been the completed Form EOIR–40 attached subject the person supplying that granted relief by the Service under this to a completed first page of the Form I– information to criminal penalties under subpart. 881. Each application must be filed with title 18 of the United States Code and to (b) Immigration Court. The the filing and fingerprint fees as civil penalties under section 274C of the Immigration Court shall have exclusive provided in § 103.7(b)(1) of this chapter, Act. jurisdiction over an application for or a request for fee waiver, as provided suspension of deportation or special in § 103.7(c) of this chapter. The fact § 240.64 EligibilityÐgeneral. rule cancellation of removal filed that an applicant has also applied for (a) Burden and standard of proof. The pursuant to section 309(f)(1)(A) or (B) of asylum does not exempt the applicant burden of proof is on the applicant to IIRIRA, as amended by NACARA, by an from the fingerprinting fees associated establish by a preponderance of the alien who has been served Form I–221, with the Form I–881. evidence that he or she is eligible for Order to Show Cause, or Form I–862, (b) Applications filed with EOIR. If suspension of deportation or special Notice to Appear, after a copy of the jurisdiction rests with the Immigration rule cancellation of removal and that charging document has been filed with Court under § 260.62(b), the application discretion should be exercised to grant the Immigration Court, unless the alien must be made on the Form I–881, if relief. is covered by one of the following filed subsequent to June 21, 1999. The (b) Calculation of continuous physical exceptions: application form, along with any presence and certain breaks in presence. (1) Certain ABC class members. (i) supporting documents, must be filed For purposes of calculating continuous The alien is a registered ABC class with the Immigration Court and served physical presence under this section, member for whom proceedings before on the Service’s district counsel in section 309(c)(5)(A) of IIRIRA and the Immigration Court or the Board have accordance with the instructions on or section 240A(d)(1) of the Act shall not been administratively closed or accompanying the form. Applications apply to persons described in § 240.61. continued (including those aliens who for suspension of deportation or special For purposes of this subpart H, a single had final orders of deportation or rule cancellation of removal filed prior absence of 90 days or less or absences

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To establish deportation made under former section have established that deportation or eligibility for suspension of deportation 244 of the Act, as in effect prior to April removal from the United States would under former section 244(a)(1) of the 1, 1997, the burden of proof is on the result in extreme hardship to the Act, as in effect prior to April 1, 1997, applicant to establish that any breaks in applicant or to his or her spouse, parent, an alien must be deportable under any continuous physical presence were or child, who is a citizen of the United law of the United States, except the brief, casual, and innocent and did not States or an alien lawfully admitted for provisions specified in paragraph (c) of meaningfully interrupt the period of permanent residence. this section, and must establish: continuous physical presence in the (2) Rebuttal of presumption. A (1) The alien has been physically United States. For purposes of presumption of extreme hardship as present in the United States for a evaluating whether an absence is brief, described in paragraph (d)(1) of this continuous period of not less than 7 single absences in excess of 90 days, or section shall be rebutted if the evidence years immediately preceding the date absences that total more than 180 days in the record establishes that it is more the application was filed; in the aggregate will be evaluated on a likely than not that neither the applicant (2) During all of such period the alien case-by-case basis. An applicant must nor a qualified relative would suffer was and is a person of good moral establish that any absence from the extreme hardship if the applicant were character; and United States was casual and innocent deported or removed from the United (3) The alien’s deportation would, in and did not meaningfully interrupt the States. In making such a determination, the opinion of the Attorney General, period of continuous physical presence. the adjudicator shall consider relevant result in extreme hardship to the alien (2) For applications for special rule factors, including those listed in or to the alien’s spouse, parent, or child, cancellation of removal made under § 240.58. who is a citizen of the United States or section 309(f)(1) of IIRIRA, as amended (3) Burden of proof. In those cases an alien lawfully admitted for by NACARA, the applicant shall be where a presumption of extreme permanent residence. considered to have failed to maintain hardship applies, the burden of proof (c) Aliens deportable on criminal or continuous physical presence in the shall be on the Service to establish that certain other grounds. To establish United States if he or she has departed it is more likely than not that neither the eligibility for suspension of deportation from the United States for any period in applicant nor a qualified relative would under former section 244(a)(2) of the excess of 90 days or for any periods in suffer extreme hardship if the applicant Act, as in effect prior to April 1, 1997, the aggregate exceeding 180 days. The were deported or removed from the an alien who is deportable under former applicant must establish that any period United States. section 241(a) (2), (3), or (4) of the Act, of absence less than 90 days was casual (4) Effect of rebuttal. (i) A as in effect prior to April 1, 1997 and innocent and did not meaningfully determination that it is more likely than (relating to criminal activity, document interrupt the period of continuous not that neither the applicant nor a fraud, failure to register, and security physical presence in the United States. qualified relative would suffer extreme threats), must establish that: (3) For all applications made under hardship if the applicant were deported (1) The alien has been physically this subpart, a period of continuous or removed from the United States shall present in the United States for a physical presence is terminated be grounds for referral to the continuous period of not less than 10 whenever an alien is removed from the Immigration Court or dismissal of an years immediately following the United States under an order issued application submitted initially to the commission of an act, or the assumption pursuant to any provision of the Act or Service. The applicant is entitled to a de of a status constituting a ground for the alien has voluntarily departed under novo adjudication and will again be deportation; the threat of deportation or when the considered to have a presumption of (2) The alien has been and is a person departure is made for purposes of extreme hardship before the of good moral character during all of committing an unlawful act. Immigration Court. such period; and (4) The requirements of continuous (ii) If the Immigration Court (3) The alien’s deportation would, in physical presence in the United States determines that extreme hardship will the opinion of the Attorney General, under this subpart shall not apply to an not result from deportation or removal result in exceptional and extremely alien who: from the United States, the application unusual hardship to the alien, or to the (i) Has served for a minimum period will be denied. alien’s spouse, parent, or child, who is of 24 months in an active-duty status in a citizen of the United States or an alien the Armed Forces of the United States § 240.65 Eligibility for suspension of lawfully admitted for permanent and, if separated from such service, was deportation. residence. separated under honorable conditions, (a) Applicable statutory provisions. To (d) Battered spouses and children. To and establish eligibility for suspension of establish eligibility for suspension of (ii) At the time of the alien’s deportation under this section, the deportation under former section enlistment or induction, was in the applicant must be an individual 244(a)(3) of the Act, as in effect prior to United States. described in § 240.61; must establish April 1, 1997, an alien must be (c) Factors relevant to extreme that he or she is eligible under former deportable under any law of the United hardship. Except as described in section 244 of the Act, as in effect prior States, except under former section paragraph (d) of this section, extreme to April 1, 1997; must not be subject to 241(a)(1)(G) of the Act, as in effect prior hardship shall be determined as set any bars to eligibility in former section to April 1, 1997 (relating to marriage forth in § 240.58. 242B(e) of the Act, as in effect prior to fraud), and except under the provisions (d) Rebuttable presumption of April 1, 1997, or any other provisions of specified in paragraph (c) of this extreme hardship for certain classes of law; and must not have been convicted section, and must establish that: aliens. (1) Presumption of extreme of an aggravated felony or be an alien (1) The alien has been physically hardship. An applicant described in described in former section 241(a)(4)(D) present in the United States for a paragraphs (a)(1) or (a)(2) of of the Act, as in effect prior to April 1, continuous period of not less than 3

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United States the alien was and is a present in the United States for a (2) The applicant may have counsel or person of good moral character; and continuous period of not less than 10 a representative present, may present (4) The alien’s deportation would, in years immediately following the witnesses, and may submit affidavits of the opinion of the Attorney General, commission of an act, or the assumption witnesses and other evidence. result in extreme hardship to the alien of a status constituting a ground for (3) An applicant unable to proceed or the alien’s parent or child. removal; with the interview in English must (3) The alien has been a person of provide, at no expense to the Service, a § 240.66 Eligibility for special rule good moral character during the competent interpreter fluent in both cancellation of removal. required period of continuous physical English and a language in which the (a) Applicable statutory provisions. To presence; and applicant is fluent. The interpreter must establish eligibility for special rule (4) The alien’s removal from the be at least 18 years of age. The following cancellation of removal, the applicant United States would result in individuals may not serve as the must show he or she is eligible under exceptional and extremely unusual applicant’s interpreter: the applicant’s section 309(f)(1) of IIRIRA, as amended hardship to the alien or to the alien’s attorney or representative of record; a by section 203 of NACARA. The spouse, parent, or child, who is a United witness testifying on the applicant’s applicant must be described in § 240.61, States citizen or an alien lawfully behalf; or, if the applicant also has an must be inadmissible or deportable, admitted for permanent residence. asylum application pending with the must not be subject to any bars to Service, a representative or employee of eligibility in sections 240(b)(7), 240A(c), § 240.67 Procedure for interview before an the applicant’s country of nationality, or 240B(d) of the Act, or any other asylum officer. or, if stateless, country of last habitual provisions of law, and must not have (a) Fingerprinting requirements. The residence. Failure without good cause to been convicted of an aggravated felony Service will notify each applicant 14 comply with this paragraph may be or be an alien described in section years of age or older to appear for an considered a failure to appear for the 241(b)(3)(B)(I) of the Act (relating to interview only after the applicant has interview for purposes of § 240.68. persecution of others). complied with fingerprinting (4) The asylum officer shall have (b) General rule. To establish requirements pursuant to § 103.2(e) of authority to administer oaths, verify the eligibility for special rule cancellation of this subchapter, and the Service has identity of the applicant (including removal under section 309(f)(1)(A) of received a definitive response from the through the use of electronic means), IIRIRA, as amended by section 203 of FBI that a full criminal background verify the identity of any interpreter, NACARA, the alien must establish that: check has been completed. A definitive present and receive evidence, and (1) The alien is not inadmissible response that a full criminal background question the applicant and any under section 212(a)(2) or (3) or check on an applicant has been witnesses. deportable under section 237(a)(2), (3) completed includes: (5) Upon completion of the interview, or (4) of the Act (relating to criminal (1) Confirmation from the FBI that an the applicant or the applicant’s activity, document fraud, failure to applicant does not have an representative shall have an opportunity register, and security threats); administrative or criminal record; to make a statement or comment on the (2) The alien has been physically (2) Confirmation from the FBI that an evidence presented. The asylum officer present in the United States for a applicant has an administrative or a may, in the officer’s discretion, limit the continuous period of 7 years criminal record; or length of such statement or comment immediately preceding the date the (3) Confirmation from the FBI that and may require its submission in application was filed; two properly prepared fingerprint cards writing. Upon completion of the (3) The alien has been a person of (Form FD–258) have been determined interview, and except as otherwise good moral character during the unclassifiable for the purpose of provided by the asylum officer, the required period of continuous physical conducting a criminal background applicant shall be informed of the presence; and check and have been rejected. requirement to appear in person to (4) The alien’s removal from the (b) Interview. (1) The asylum officer receive and to acknowledge receipt of United States would result in extreme shall conduct the interview in a non- the decision and any other hardship to the alien, or to the alien’s adversarial manner and, except at the accompanying material at a time and spouse, parent or child who is a United request of the applicant, separate and place designated by the asylum officer. States citizen or an alien lawfully apart from the general public. The (6) The asylum officer shall consider admitted for permanent residence. purpose of the interview shall be to evidence submitted by the applicant (c) Aliens inadmissible or deportable elicit all relevant and useful information with the application, as well as any on criminal or certain other grounds. To bearing on the applicant’s eligibility for evidence submitted by the applicant establish eligibility for special rule suspension of deportation or special before or at the interview. As a matter cancellation of removal under section rule cancellation of removal. If the of discretion, the asylum officer may

VerDate 06-MAY-99 13:06 May 20, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\A21MY0.039 pfrm03 PsN: 21MYR2 27880 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations grant the applicant a brief extension of applicant’s application. If the applicant deportation or removal proceedings, and time following an interview, during does not speak English fluently, the will provide the applicant with written which the applicant may submit applicant shall bring an interpreter notice of the statutory or regulatory additional evidence. when returning to the office to receive basis for the referral, if: service of the decision. (1) The applicant is not clearly § 240.68 Failure to appear at an interview (b) Grant of suspension of eligible for suspension of deportation before an asylum officer or failure to follow requirements for fingerprinting. deportation. An asylum officer may under former section 244(a)(1) of the grant suspension of deportation to an Act as in effect prior to April 1, 1997, (a) Failure to appear for a scheduled applicant eligible to apply for this relief or for cancellation of removal under interview without prior authorization with the Service who qualifies for section 309(f)(1)(A) of IIRIRA, as may result in dismissal of the suspension of deportation under former amended by NACARA; application or waiver of the right to an section 244(a)(1) of the Act, as in effect (2) The applicant does not appear to adjudication by an asylum officer. A prior to April 1, 1997, who is not an merit relief as a matter of discretion; written request to reschedule will be alien described in former section (3) The applicant appears to be granted if it is an initial request and is 241(a)(4)(D) of the Act, as in effect prior eligible for suspension of deportation or received by the Asylum Office at least to April 1, 1997, and who admits special rule cancellation of removal 2 days before the scheduled interview deportability under any law of the under this subpart, but does not admit date. All other requests to reschedule United States, excluding former section deportability or inadmissibility; or the interview, including those 241(a)(2), (3), or (4) of the Act, as in (4) The applicant failed to appear for submitted after the interview date, will effect prior to April 1, 1997. If the a scheduled interview with an asylum be granted only if the applicant has a Service has made a preliminary decision officer or failed to comply with reasonable excuse for not appearing, to grant the applicant suspension of fingerprinting processing requirements and the excuse was received by the deportation under this subpart, the and such failure was not excused by the Asylum Office in writing within a applicant shall be notified of that Service, unless the application is reasonable time after the scheduled decision and will be asked to sign an dismissed. interview date. admission of deportability or (e) Dismissal of the application. An (b) Failure to comply with fingerprint inadmissibility. The applicant must sign asylum officer shall dismiss without processing requirements without the admission before the Service may prejudice an application for suspension reasonable excuse may result in grant the relief sought. If suspension of of deportation or special rule dismissal of the application or waiver of deportation is granted, the Service shall cancellation of removal submitted by an the right to an adjudication by an adjust the status of the alien to lawful applicant who has been granted asylum, asylum officer. permanent resident, effective as of the or who is in lawful immigrant or non- (c) Failure to appear shall be excused date that suspension of deportation is immigrant status. An asylum officer if the notice of the interview or granted. may also dismiss an application for fingerprint appointment was not mailed (c) Grant of cancellation of removal. failure to appear, pursuant to § 240.68. to the applicant’s current address and An asylum officer may grant The asylum officer will provide the such address had been provided to the cancellation of removal to an applicant applicant written notice of the statutory Office of International Affairs by the who is eligible to apply for this relief or regulatory basis for the dismissal. applicant prior to the date of mailing in with the Service, and who qualifies for (f) Special provisions for certain ABC accordance with section 265 of the Act cancellation of removal under section class members whose proceedings and Service regulations, unless the 309(f)(1)(A) of IIRIRA, as amended by before EOIR were administratively asylum officer determines that the section 203 of NACARA, and who closed or continued. The following applicant received reasonable notice of admits deportability under section provisions shall apply with respect to the interview or fingerprinting 237(a), excluding paragraphs (2), (3), an ABC class member who was in appointment. and (4), of the Act, or inadmissibility proceedings before the Immigration § 240.69 Reliance on information compiled under section 212(a), excluding Court or the Board, and those by other sources. paragraphs (2) or (3), of the Act. If the proceedings were closed or continued In determining whether an applicant Service has made a preliminary decision pursuant to the ABC settlement is eligible for suspension of deportation to grant the applicant cancellation of agreement: or special rule cancellation of removal, removal under this subpart, the (1) Suspension of deportation or the asylum officer may rely on material applicant shall be notified of that asylum granted. If an asylum officer described in § 208.12 of this chapter. decision and asked to sign an admission grants asylum or suspension of Nothing in this subpart shall be of deportability or inadmissibility. The deportation, the previous proceedings construed to entitle the applicant to applicant must sign the concession before the Immigration Court or Board conduct discovery directed toward before the Service may grant the relief shall be terminated as a matter of law on records, officers, agents, or employees of sought. If the Service grants cancellation the date relief is granted. the Service, the Department of Justice, of removal, the Service shall adjust the (2) Asylum denied and application for or the Department of State. status of the alien to lawful permanent suspension of deportation not approved. resident, effective as of the date that If an asylum officer denies asylum and § 240.70 Decision by the Service. cancellation of removal is granted. does not grant the applicant suspension (a) Service of decision. Unless the (d) Referral of the application. Except of deportation, the Service shall move to asylum officer has granted the as provided in paragraphs (e) and (f) of recalendar proceedings before the application for suspension of this section, and unless the applicant is Immigration Court or resume deportation or special rule cancellation granted asylum or is in lawful proceedings before the Board, of removal at the time of the interview immigrant or non-immigrant status, an whichever is appropriate. The Service or as otherwise provided by an Asylum asylum officer shall refer the application shall refer to the Immigration Court or Office, the applicant will be required to for suspension of deportation or special the Board the application for suspension return to the Asylum Office to receive rule cancellation of removal to the of deportation. In the case where service of the decision on the Immigration Court for adjudication in jurisdiction rests with the Board, an

VerDate 06-MAY-99 13:06 May 20, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\A21MY0.041 pfrm03 PsN: 21MYR2 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27881 application for suspension of pursuant to the ABC settlement PART 274aÐCONTROL OF deportation that is referred to the Board agreement, the deportation proceedings EMPLOYMENT OF ALIENS will be remanded to the Immigration will be considered terminated as of the Court for adjudication. date of applicant’s departure from the 13. The authority citation for part 274a continues to read as follows: (g) Special provisions for dependents United States. A decision on the whose proceedings before EOIR were NACARA application shall be issued in Authority: 8 U.S.C. 1101, 1103, 1324a; 8 administratively closed or continued. If accordance with paragraph (a), and CFR part 2. an asylum officer grants suspension of paragraphs (c) through (e) of this 14. Section 274a.12 is amended by deportation or special rule cancellation section. revising the first sentence in paragraph of removal to an applicant described in (c)(10), to read as follows: § 240.61(a)(4) or (a)(5), whose PART 246ÐRESCISSION OF proceedings before EOIR were ADJUSTMENT OF STATUS § 274a.12 Classes of aliens authorized to administratively closed or continued, accept employment. those proceedings shall terminate as of 10. The authority citation for part 246 * * * * * the date the relief is granted. If continues to read as follows: (c) * * * suspension of deportation or special (10) An alien who has filed an rule cancellation of removal is not Authority: 8 U.S.C. 1103, 1254, 1255, 1256, application for suspension of granted, the Service shall move to 1259; 8 CFR part 2. deportation under section 244 of the Act recalendar proceedings before the 11. Section 246.1 is amended by (as it existed prior to April 1, 1997), Immigration Court or resume revising the first sentence to read as cancellation of removal pursuant to proceedings before the Board, follows: section 240A of the Act, or special rule whichever is appropriate. The Service cancellation of removal under section shall refer to the Immigration Court or § 246.1 Notice. 309(f)(1) of the Illegal Immigration the Board the application for suspension Reform and Immigrant Responsibility of deportation or special rule If it appears to a district director that Act of 1996, enacted as Pub. L. 104–208 cancellation of removal. In the case a person residing in his or her district (110 Stat. 3009–625) (as amended by the where jurisdiction rests with the Board, was not in fact eligible for the Nicaraguan Adjustment and Central an application for suspension of adjustment of status made in his or her American Relief Act (NACARA)), title II deportation or special rule cancellation case, or it appears to an asylum office of Pub. L. 105–100 (111 Stat. 2160, of removal that is referred to the Board director that a person granted 2193) and whose properly filed will be remanded to the Immigration adjustment of status by an asylum application has been accepted by the Court for adjudication. officer pursuant to 8 CFR 240.70 was Service or EOIR. *** (h) Special provisions for applicants not in fact eligible for adjustment of * * * * * who depart the United States and return status, a proceeding shall be under a grant of advance parole while commenced by the personal service PART 299ÐIMMIGRATION FORMS in deportation proceedings. upon such person of a notice of intent Notwithstanding paragraphs (f) and (g) to rescind, which shall inform him or 15. The authority citation for part 299 continues to read as follows: of this section, for purposes of her of the allegations upon which it is adjudicating an application for intended to rescind the adjustment of Authority: 8 U.S.C. 1101, 1103; 8 CFR part suspension of deportation or special his or her status. *** 2. rule cancellation of removal under this 16. Section 299.1 is amended in the subpart, if an applicant departs and § 246.2 [Amended] table by adding the entry for Form ‘‘I– returns to the United States pursuant to 12. Section 246.2 is amended by 881’’ in proper numerical sequence, to a grant of advance parole while in adding the phrase ‘‘or asylum office read as follows: deportation proceedings, including director’’ immediately after the phrase deportation proceedings § 299.1 Prescribed forms. ‘‘district director.’’ administratively closed or continued * * * * *

Form No. Edition date Title

******* I±881 ...... 5±01±99 Application for Suspension of Deportation or Special Rule Cancellation of Removal (pursuant to section 203 of Pub. L. 105±100 (NACARA))

*******

17. Section 299.5 is amended in the 881’’ in proper numerical sequence, to § 299.5 Display of control numbers. table by adding the entry for Form ‘‘I– read as follows: * * * * *

Currently as- INS form No. INS form title signed OMB control No.

******* I±881 ...... Application for Suspension of Deportation or Special Rule Cancellation of Removal (pursuant to sec- 1115Ð0227 tion 203 of Pub. L. 105±100 (NACARA)).

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Currently as- INS form No. INS form title signed OMB control No.

*******

Dated: May 14, 1999. Janet Reno, Attorney General. [FR Doc. 99–12643 Filed 5–20–99; 8:45 am] BILLING CODE 4410±10±P

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DEPARTMENT OF AGRICULTURE Independence Avenue, SW; 6. Rural and Community Development Washington, DC 20250–2245. 7. Aquaculture Cooperative State Research, 8. Industrial Applications Note: The address for hand-delivered 9. Marketing and Trade Education, and Extension Service proposals or proposals submitted using an express mail or overnight courier service is: The award of any grants under the Small Business Innovation Research Small Business Innovation Research provisions of this program is subject to Grants Program for Fiscal Year 2000; Program; c/o Proposal Services Unit; the availability of appropriations. Request for Proposals Cooperative State Research, Education, and This program is subject to the Extension Service; U.S. Department of provisions found at 7 CFR part 3403. AGENCY: Cooperative State Research, Agriculture; Room 303, Aerospace Center; These provisions set forth procedures to Education, and Extension Service, 901 D Street, SW; Washington, DC 20024. be followed when submitting grant USDA. Telephone: (202) 401–5048. proposals, rules governing the ACTION: Notice of Availability of Written user input comments should evaluation of proposals and the Program Solicitation and Request for be submitted by first-class mail to: awarding of grants, and regulations Proposals for Fiscal Year 2000 Small Office of Extramural Programs; relating to the post-award Business Innovation Research Grants Competitive Research Grants and administration of grant projects. In Program and Request for Input. Awards Management; USDA–CSREES; addition, USDA Uniform Federal SUMMARY: Notice is hereby given that Stop 2299; 1400 Independence Avenue, Assistance Regulations (7 CFR part under the authority of the Small SW; Washington, DC 20250–2299; or via 3015, as amended), Governmentwide Business Innovation Development Act e-mail to: RFP–[email protected]. In Debarment and Suspension (Non- of 1982 (Pub. L. 97–219), as amended your comments, please include the procurement) and Governmentwide (15 U.S.C. 638) and section 630 of the name of the program and the fiscal year Requirements for Drug-Free Workplace Act making appropriations for of the request for proposals to which (Grants) (7 CFR part 3017), Restrictions Agriculture, Rural Development, and you are responding. on Lobbying (7 CFR part 3018), and Related Agencies programs for the fiscal FOR FURTHER INFORMATION CONTACT: Dr. Managing Federal Credit Programs (7 year ending September 30, 1987, and for Charles F. Cleland; Director, SBIR CFR part 3) apply to this program. Copies of 7 CFR parts 3403, 3015, 3017, other purposes, as made applicable by Program; Cooperative State Research, 3018, and 3 may be obtained by writing section 101(a) of Public Law Number Education, and Extension Service; STOP 2243; 1400 Independence Avenue, SW.; or calling the office indicated below. 99–591, 100 Stat. 3341, the U.S. The program solicitation, which Washington, DC 20250–2243. Department of Agriculture (USDA) contains research topic descriptions and Telephone: (202) 401–4002. Facsimile: expects to award project grants for detailed instructions on how to apply, (202) 401–6070. certain areas of research to science- may be obtained by writing or calling based small business firms through SUPPLEMENTARY INFORMATION: This the following office: Proposal Services phase I of its Small Business Innovation program will be administered by the Unit; Cooperative State Research, Research (SBIR) Grants Program. Cooperative State Research, Education, Education, and Extension Service; U.S. By this notice, the Cooperative State and Extension Service. Firms with Department of Agriculture; STOP 2245; Research, Education, and Extension strong scientific research capabilities in 1400 Independence Avenue, SW.; Service (CSREES) additionally solicits the topic areas listed below are Washington, DC 20250–2245. stakeholder input from any interested encouraged to participate. Objectives of Telephone: (202) 401–5048. Application party regarding the Fiscal Year 2000 the three-phase program include materials also may be requested via SBIR Grants Program, Request for stimulating technological innovation in Internet by sending a message with your Proposals, for use in the development of the private sector, strengthening the role name, mailing address (not e-mail) and the next request for proposals for this of small businesses in meeting Federal telephone number to [email protected] program. research and development needs, which states that you wish to receive a DATES: All phase I proposals must be increasing private sector copy of the application materials for the received at USDA on or by September commercialization of innovations FY 2000 Small Business Innovation 2, 1999. Proposals not received on or by derived from USDA-supported research Research Grants Program. The materials this date will not be considered for and development efforts, and fostering will then be mailed to you (not e- funding, with the following exceptions. and encouraging participation of mailed) as quickly as possible. Please Proposals received after September 2, women-owned and socially and note that applicants who submitted 1999, will be accepted provided they are economically disadvantaged small SBIR proposals for FY 1999 or who have postmarked before or on (1) September business concerns in technological recently requested placement on the list 1, 1999, if sent by overnight courier; (2) innovation. for FY 2000 will automatically receive August 30, 1999, if sent by priority mail; The total amount expected to be a copy of the FY 2000 program or (3) August 26, 1999, if sent by regular available for phase I of the SBIR solicitation. first class mail. Program in fiscal year (FY) 2000 is User comments are requested within approximately $5,000,000. The Stakeholder Input six months from the issuance of this solicitation is being announced to allow CSREES is soliciting comments notice. Comments received after that adequate time for potential recipients to regarding this request for proposals from date will be considered to the extent prepare and submit applications by the any interested party. These comments practicable. closing date of September 2, 1999. The will be considered in the development ADDRESSES: All proposals must be research to be supported is in the of the next request for proposals for the submitted to the following address: following topic areas: program. Such comments will be Small Business Innovation Research 1. Forests and Related Resources forwarded to the Secretary or his Program; c/o Proposal Services Unit; 2. Plant Production and Protection designee for use in meeting the Cooperative State Research, Education, 3. Animal Production and Protection requirements of section 103(c)(2) of the and Extension Service; U.S. Department 4. Air, Water and Soils Agricultural Research, Extension, and of Agriculture; STOP 2245; 1400 5. Food Science and Nutrition Education Reform Act of 1998, 7 U.S.C.

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7613(c)(2). This section requires the Competitive Research Grants and this notice. Comments received after Secretary to solicit and consider input Awards Management; USDA–CSREES; that date will be considered to the on a current request for proposals from Stop 2299; 1400 Independence Avenue, extent practicable. persons who conduct or use agricultural SW; Washington, DC 20250–2299; or via Done at Washington, DC., this 17 day of research, education, or extension for use e-mail to: RFP–[email protected]. In May, 1999. in formulating the next request for your comments, please include the Colien Hefferan, proposals for an agricultural research name of the program and the fiscal year Acting Administrator, Cooperative State program funded on a competitive basis. request for proposals to which you are Written user input comments should Research, Education, and Extension Service. responding. Comments are requested be submitted by first-class mail to: [FR Doc. 99–12883 Filed 5–20–99; 8:45 am] within six months from the issuance of Office of Extramural Programs; BILLING CODE 3410±22±P

VerDate 06-MAY-99 13:08 May 20, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\A21MY3.150 pfrm07 PsN: 21MYN2 eDt 6MY9 65 a 0 99Jt134 O000Fm001Ft41 ft41 :F\M2MR.X fm3PsN:21MYR3 pfrm03 E:\FR\FM\21MYR3.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 16:59May20, 1999 VerDate 06-MAY-99 federal register May 21,1999 Friday Rules of UpdatedEDGARFilerManual;Final Rulemaking forEDGARSystem;Adoption 17 CFRPart230etal. Commission Exchange Securities and Part IV 27887 27888 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations

SECURITIES AND EXCHANGE 6,2 under the Securities Act of 1933 site to others, individuals may obtain a COMMISSION (Securities Act); 3 Rules 10, 11, 101, 102, vast amount of information in a matter 302, 303, 304, 305, 306, 307, and 310 of of seconds. Advanced data presentation 17 CFR Parts 230, 232, 239, 240, 270, Regulation S–T; 4 Schedule 14A 5 under methods using audio, video, and and 274 the Securities Exchange Act of 1934 graphic and image material are now (Exchange Act); 6 Rules 8b–23 and 8b– available through even the most [Release Nos. 33±7684; 34±41410; IC±23843 7 8 inexpensive personal computers or File No. S7±9±99] 32, and Form N–SAR, under the Investment Company Act of 1940 laptops. RIN 3235±AH70 (Investment Company Act); 9 and Forms As discussed below, we are N–1, N–1A, N–2, N–3, N–4, and N–5 10 modernizing the EDGAR system to Rulemaking for EDGAR System under the Securities Act and the accommodate some of the changes in AGENCY: Securities and Exchange Investment Company Act. We also are technology that have occurred since the Commission. adding the following new rules to system was developed. On March 10, 1999, we issued a release proposing ACTION: Final rule. Regulation S–T: Rules 104, 105, and 106. amendments to our rules to reflect SUMMARY: The Securities and Exchange initial changes to filing requirements I. Modernization of EDGAR Commission is modernizing the resulting from EDGAR modernization, Electronic Data Gathering, Analysis, and A. Background as well as certain other changes to clarify or update the rules.13 In that Retrieval (EDGAR) system. Beginning In 1984, we initiated the EDGAR release, we proposed to accept filings June 28, 1999, we will be able to accept system to automate the receipt, submitted to EDGAR in HTML format as filings submitted to EDGAR in processing, and dissemination of well as documents submitted in ASCII HyperText Markup Language (HTML) in documents required to be filed with us format and to allow filers to accompany addition to documents submitted in the under the Securities Act, the Exchange their required filings with unofficial current American Standard Code for Act, the Public Utility Holding copies in PDF format.14 Today we are Information Interchange (ASCII) format; Company Act of 1935 (Public Utility adopting these amendments as filers also will have the option of Act),11 the Trust Indenture Act of accompanying their required filings 12 proposed. 1939, and the Investment Company We received a number of comment with unofficial copies in Portable Act. Since 1996, we have required all Document Format (PDF). Beginning May letters with suggestions concerning the domestic public companies to file with evolving EDGAR system. Many of these 24, 1999, and continuing through June us electronically through the EDGAR 25, 1999 (the test period), filers may comments addressed divergent concerns system, absent an exemption. EDGAR of filers, filing agents, disseminators, submit test filings that include filings are disseminated electronically documents in HTML and PDF format; and public users of the EDGAR and displayed on our web site at http:/ database. We appreciate the need to filers electing to submit test HTML and/ /www.sec.gov, in the form in which we or PDF documents during the test balance the competing interests of these receive them. The EDGAR system’s parties in order to have a system that period must do so in accordance with broad and rapid dissemination benefits the new rule provisions. In this release, adequately addresses the fundamental the public by allowing investors and needs of each. We have considered and we are adopting rule amendments others to obtain information rapidly in reflecting initial changes to filing will continue to consider these electronic format. Electronic format is comments in connection with future requirements resulting from EDGAR easily searchable and lends itself to modernization, as well as other changes planning for the system and future ready financial analysis, using rulemaking related to the next stage of clarifying or updating our rules. spreadsheets and other methods. EFFECTIVE DATE EDGAR modernization following the : These rules are effective Recent technological advances, most 15 on June 28, 1999 and apply to filings HTML implementation period. notably the rapidly expanding use of the Some disseminators and information submitted on or after that date. Internet, have led to unprecedented providers commented that they would FOR FURTHER INFORMATION CONTACT: If changes in the means available to not have enough time to make the you have questions about the rules we corporations, government agencies, and required modifications to their systems are adopting, please contact one of the the investing public to obtain and to begin accepting HTML and PDF following members of our staff: in the disseminate information. Today many documents on May 24, 1999. We have Division of Investment Management, companies, regardless of size, make decided not to make the rules effective Ruth Armfield Sanders, Senior Counsel, information available to the public on May 24 as planned. Instead, during (202) 942–0633; and in the Division of through Internet web sites. On those the test period from May 24 through Corporation Finance, Margaret R. Black, sites and through links from one web June 25, 1999, filers may submit test EDGAR Specialist, (202) 942–2940. If filings that include documents in HTML 2 you have questions about the 17 CFR 239.16. and PDF format. Live filings, however, development of the modernized EDGAR 3 15 U.S.C. 77a, et seq. 4 17 CFR 232.10, 232.11, 232.101, 232.102, system, please contact Richard D. 13 232.302, 232.303, 232.304, 232.305, 232.306, Rulemaking for EDGAR System, Release Nos. Heroux, EDGAR Program Manager, (202) 232.307, and 232.310. 33–7653; 34–41150; IC–23735 (Mar. 10, 1999) [64 942–8885, in the Office of Information 5 17 CFR 240.101. FR 12908] (the proposing release). 14 Technology. 6 15 U.S.C. 78a, et seq. In the proposing release, we also described further changes to the system that we plan to make 7 17 CFR 270.8b–23 and 8b–32. SUPPLEMENTARY INFORMATION: Today we after the HTML implementation period. We will 8 are adopting amendments to the 17 CFR 274.101. propose corresponding rule changes closer to that following rules relating to electronic 9 15 U.S.C. 80a–1, et seq. time. 10 17 CFR 239.15 and 274.11, 17 CFR 239.15A and 15 You may read and copy comment letters in our filing on the EDGAR system: Rules 485, 274.11A, 17 CFR 239.14 and 274.11a–1, 17 CFR 1 Public Reference Room, 450 Fifth Street, N.W., 486, 487, 495, and 497, and Form S– 239.17a and 274.11b, 17 CFR 239.17b and 274.11c, Washington, D.C. 20549 in File No. S–7–9–99. You 17 CFR 239.24 and 274.5. also may read the comment letters that were 1 17 CFR 230.485, 230.486, 230.487, 230.495, and 11 15 U.S.C. 79a, et seq. submitted electronically on our web site (http:// 230.497. 12 15 U.S.C. 77sss, et seq. www.sec.gov).

VerDate 06-MAY-99 13:15 May 20, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\A21MY0.058 pfrm07 PsN: 21MYR3 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27889 must continue to be in ASCII format. visual presentations. In this release, we must be substantively equivalent 20 to The test period should provide describe how the EDGAR system is the official HTML or ASCII document of disseminators with sufficient time to changing for the initial HTML which it is a copy. Further, filers may assure completion of system changes implementation period, and we adopt not make a submission consisting solely and will provide filers the opportunity rule changes to govern EDGAR filing of PDF documents; filers must include to test the EDGAR system’s new during this period.17 unofficial PDF copies only in features. Beginning June 28, filers may submissions containing official C. Use of HTML make live filings including documents documents in HTML or ASCII format. in HTML and PDF format. Although the EDGAR system will be able to accept HTML documents E. Graphic and Image Material B. Implementation of HTML/PDF beginning on June 28, 1999 (and on May During the HTML implementation Environment 24, 1999 on a test basis), we are not now period, we will not accept graphic or With EDGAR modernization, we hope requiring the use of HTML. However, image material in HTML documents.21 to make the system easier for filers to we expect to require HTML for most The EDGAR system will suspend use and the documents more attractive filings in the future, so we encourage submissions made during the HTML and readable for the users of public filers to use it and gain experience with implementation period if they contain information. Currently, filers must this format if they do not have it tags for graphic or image files. However, submit electronic filings to the EDGAR already.18 We are providing technical the optional, unofficial PDF copy of an system in a text-based ASCII format. In support for filers to assist them in EDGAR document may contain static the modernized system, for most filings, submitting and correcting HTML graphic and/or image material. After the filers may choose to submit documents documents through our filer technical HTML implementation period, we to us in either HTML or in ASCII. We support function. intend to propose that filers may expect that HTML will eventually As proposed, during the HTML include graphic and image material in replace ASCII for most filings. Filers implementation period, if HTML is HTML documents. also may submit unofficial PDF copies used, each EDGAR document may We also will prohibit any EDGAR of filings. Unlike ASCII documents, consist of no more than one HTML file. submission containing animated HTML and PDF documents can include Filers may not submit EDGAR graphics (e.g., files with moving graphics, varied fonts, and other visual documents composed of multiple linked corporate logos or other animation), displays that filers use when they create HTML files. The EDGAR system will either in any official document or any Internet presentations or material for suspend any submission containing any unofficial PDF copy. We are imposing distribution to shareholders and other HTML document composed of more this requirement due to the issues investors. In this release, we refer to the than one file. concerning how to capture and required filings that filers must submit represent the animated graphics, which only in either ASCII or HTML formats D. Use of PDF we cannot print or search, in defining as official filings. We refer to the PDF In addition to permitting the use of the official filing. documents as unofficial PDF copies HTML in filings, we are permitting filers F. Limitation on Hypertext Links because filers may not use them instead to submit a single unofficial PDF copy of HTML or ASCII documents to meet of each electronic document.19 These During the HTML implementation filing requirements. copies will be disseminated publicly. period, we are prohibiting hypertext Beginning on June 28, 1999 (and on We believe that filers may want to links from HTML documents to external May 24, 1999 on a test basis) and submit these copies because PDF web sites. Similarly, we are prohibiting extending until early 2000 (the HTML documents retain all the fonts, hypertext links from HTML documents implementation period), we are formatting, colors, images, and graphics to external documents (including imposing certain limitations on HTML contained in an original document. The exhibits), whether or not the document documents. These limitations are unofficial PDF copy will be optional, is part of the same filing. However, necessary due to technical issues that but if a filer submits an unofficial PDF electronic filers may include hypertext we must resolve before full copy of a document, that PDF document links to different sections within a implementation of the new HTML single HTML document.22 A document component of the EDGAR system.16 We 17 We also have revised the EDGAR Filer Manual. may include an inactive textual will provide limited support for HTML See Release No. 33–7685 (May 17, 1999). The reference to external sites or documents by allowing only certain tags EDGAR Filer Manual sets forth the technical for informational purposes,23 but it may formatting requirements governing the preparation not include a link to the external site or (commands and identifying and submission of electronic filings through the information) to be accepted by the EDGAR system. Filers must comply with the EDGAR system. Later, we plan to further provisions of the Filer Manual to assure timely 20 Substantively equivalent documents are the modernize the EDGAR system so that it acceptance and processing of electronic filings. See same in all respects except for the formatting and inclusion of graphics (instead of the narrative and/ will be able to accept and display HTML Rule 301 of Regulation S–T [17 CFR 232.301]. 18 See footnote 35 and accompanying text for or tabular description of the graphics). For documents that use graphic and other submissions that we will keep in ASCII format. documents to be substantively equivalent, the text 19 For example, if a filing consists of a registration of the two documents must be identical. 16 As we stated in the proposing release, the statement plus five exhibits, there are six electronic 21 Filers should continue to provide a fair and modernized EDGAR system is designed to be Year documents for EDGAR purposes. Generally, the filer accurate description of the differences between a 2000 compliant. During the summer of 1999, we can submit all of these as HTML documents, all as version including graphic or image material and the will turn the dates forward on the EDGAR system ASCII documents, or some as HTML and some as filed version, as required by Rule 304 of Regulations at specified times to give filers an opportunity to ASCII documents. The filer also has the option to S–T [17 CFR 232.304]. submit test filings so they can assure themselves accompany any or all of the six documents with an 22 For example, companies might wish to include that the Commission-owned and -operated EDGAR unofficial PDF copy. But the rules do not permit a a prospectus table of contents containing links to components will operate after January 1, 2000. We filer to submit a single unofficial PDF copy the various sections of the prospectus. will issue an announcement with the details including the registration statement and exhibits; 23 It is the staff’s position that such an inactive shortly. The announcement will be posted on our each PDF document should reflect only one ASCII textual reference will not be deemed to incorporate web site. We advise filers to have their own or HTML document. The rules prohibit filers from the material by reference into the filing. See ITT operating environments certified to be Year 2000 including more PDF documents than the total Corp. (Dec. 6, 1996) and Baltimore Gas & Electric compliant. number of HTML and ASCII documents combined. Co. (Jan. 6, 1997).

VerDate 06-MAY-99 13:15 May 20, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\A21MY0.059 pfrm07 PsN: 21MYR3 27890 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations document. We will consider expanding HTML implementation period or an exhibit document for each exhibit for the use of hypertext links after the subsequently.25 The EDGAR system will which an unofficial PDF copy was being HTML implementation period. suspend any submission containing submitted.30 executable code. Rule 104 provides that unofficial PDF G. HTML Standard; Permissible Tag Set copies are not official filings.31 The rule We are adopting a specific HTML II. Rule Amendments To Accommodate makes it clear that unofficial PDF copies EDGAR Modernization standard for HTML documents that are prospectuses retain prospectus submitted on the EDGAR system during We are adopting the following liability under Section 12 of the the HTML implementation period. amendments to our rules and Securities Act.32 The rule also makes it Because different Internet browsers used regulations to accommodate the initial clear that an unofficial PDF copy may by filers or the public may display the modernization of EDGAR. We are contain graphic and image material even information presented in an HTML amending all of the rules as proposed. though its ASCII (and, during the document in a different fashion, a A. Amendments to Regulation S–T. implementation period, HTML) document viewed through one browser counterpart does not contain such may have a different appearance and We are amending several provisions material.33 layout from the same filing viewed of Regulation S–T, which governs the We will accept electronic submissions through a different browser. This would preparation and submission of even if an unofficial PDF copy is flawed be especially evident when a filing electronic filings to us, in connection and not accepted. In such a case, we printed in hard copy from one browser with the addition of HTML documents will accept the submission but not the appears significantly different from the and unofficial PDF copies to the EDGAR PDF document.34 Otherwise, filers same filing printed out from another environment. would risk having a late time-sensitive browser. Initially, we are maximizing Rule 11—Definition of Terms used in filing because of a problem with the Part 232. Rule 11 26 contains definitions the likelihood of consistent document unofficial PDF copy. used in Regulation S–T. We are adding appearance across different browsers by New Rule 105—Limitation on Use of to the definition section of Regulation specifying HTML 3.2 as the required HTML Documents and Unofficial PDF S–T the following new terms: animated standard for HTML documents. Copies; Use of Hypertext Links. Filers Some commenters expressed the view graphics; ASCII document; disruptive may not submit Form N–SAR, Form that the selection of HTML 3.2 as the code; electronic document; executable 13F, or Financial Data Schedules as standard imposes a burden on systems code; HTML document; hypertext links HTML documents.35 These documents that are not browser-based. Other or hyperlinks; and unofficial PDF copy. have standard formats and tagging commenters, however, expressed the We also are revising the definition of designed for presentation in ASCII, and view that HTML 3.2 was necessary for electronic filing to make it clear that an their current format facilitates their standardization and consistency. Still electronic filing may include more than downloading and use in other computer other commenters urged us to adopt a one document. applications. New Rule 104—Unofficial PDF Copies higher standard such as HTML 4.0. We Rule 105 prohibits electronic filers Included in an Electronic Submission. believe HTML 3.2 represents the best from including in HTML documents Rule 104 provides that an electronic approach at this time. We will consider hypertext links to sites or documents submission may include one unofficial the evolution of this standard when outside the HTML document that is PDF copy of each electronic document appropriate. filed with us.36 However, the rule allows contained within an electronic We also are adopting a set of electronic filers to include hypertext submission.27 Each unofficial PDF copy permissible HTML 3.2 tags for use in links to different sections within a must be substantively equivalent to its HTML documents during the HTML single HTML document. Rule 105 associated ASCII or HTML document implementation period. These provides that, if an accepted filing contained in the submission.28 Filers permissible tags allow for most HTML includes external links in contravention wanting to submit an unofficial PDF 3.2 formatting capability while of this rule, we will not consider copy to replace one with errors, or to eliminating active content and certain information contained in the linked include an omitted one, must submit the classes of hypertext links.24 We have material to be part of the official filing unofficial PDF copy as part of another included the tag list in the EDGAR Filer for determining compliance with electronic submission containing an Manual. In general, the EDGAR system reporting obligations. Such information amendment to the original submission. will suspend submissions which will, however, continue to be subject to The amendment must include an contain tags that are not permitted. We explanatory note that the purpose of the anticipate that the permitted tag set will 30 The amendment may consist of the cover page amendment was to add or replace an evolve over time to accommodate the (or first page of the document), the explanatory unofficial PDF copy.29 If the amendment note, the signature page (where appropriate), the industry standard and needs of filers. was being filed to add or resubmit an exhibit index, a separate electronic document for As proposed, we are not at this time each exhibit for which an unofficial PDF copy is allowing EDGAR submissions to include unofficial PDF copy of one or more being submitted, and the corresponding unofficial tables within tables (nested tables). This exhibits, the submission must include PDF copy of each exhibit document. However, the is because users of EDGAR information text of the official exhibit document(s) could 25 contain only the following legend: RESUBMITTED may find it difficult to locate and use See note 40 and accompanying text. 26 17 CFR 232.11. TO ADD/REPLACE UNOFFICIAL PDF COPY OF EXHIBIT. information in documents with nested 27 Rule 104(a) [17 CFR 232.104(a)]. We also are 31 tables. In addition, as proposed, EDGAR permitting the filer to submit an unofficial PDF Rule 104(d) [17 CFR 232.104(d)]. submissions may not contain tags used copy of correspondence or a cover letter document. 32 Rule 104(e) [17 CFR 232.104(e)]. to include executable code, either in any 28 See note 20 and accompanying text. 33 Rule 104(b) [17 CFR 232.104(b)]. 34 official submission or any unofficial 29 The amendment may consist solely of the cover See the discussion of Rule 106 [17 CFR page (or the first page of the document), the 232.106] below. PDF copy, at any time, either during the explanatory note, and the signature page and 35 Rule 105(a) [17 CFR 232.105(a)]. We are exhibit index (where appropriate), and the allowing filers the option of submitting all exhibits 24 The permissible tag set does not include corresponding unofficial PDF copy may include the to Form N–SAR except Financial Data Schedules as proprietary extensions that are not supported by all complete text of the official filing for which the HTML documents. browsers. amendment was being submitted. 36 Rule 105(b) [17 CFR 232.105(b)].

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We will, in general, suspend any companies and broker-dealers put on We are adding paragraph (b) to the rule attempted submission that our staff their own web sites. This rule, however, to provide that the limitations of determines contains executable code.42 49 applies only to EDGAR filings and is paragraph (a) do not apply to HTML narrowly drawn to address the initial The EDGAR system is programmed to documents.50 detect and prohibit acceptance of such stages of EDGAR modernization. We Rule 306—Foreign Language code during acceptance processing. If a will further consider the status of links 51 submission is accepted, and our staff Documents and Symbols. Rule 306 in EDGAR filings if we propose to provides that foreign currency expand filers’ ability to use links to later determines that the accepted submission contains executable code, denominations be expressed in words or other documents or external sites after letters in the English language rather 38 our staff may delete any document the HTML implementation period. than representative symbols. We are New Rule 106—Prohibition Against contained in the electronic submission amending Rule 306 to allow HTML Electronic Submissions Containing from the EDGAR system and direct the Executable Code. The modernized electronic filer to resubmit documents to include the representative EDGAR system is designed to minimize electronically replacement documents foreign currency symbols specified in security risks. Accordingly, Rule 106 39 for all or selected documents deleted the EDGAR Filer Manual and to provide prohibits any EDGAR submission from the submission. We are aware that that the limitations would not apply to containing executable code, either in suspending acceptance of a filing, or documents which are unofficial PDF any official submission or any unofficial deleting it from the EDGAR database, copies. PDF copy, at any time, either during the could have significant consequences to Rule 307—Bold-Face Type. Rule 307 HTML implementation period or the filer, such as causing a filing to miss provides that filers should present subsequently.40 Executable code its due date or preventing a time- required bold-face type as capital letters includes, but is not limited to, sensitive filing from moving forward. in ASCII documents. We are amending 41 disruptive code. This requirement is Nevertheless, we need to take whatever Rule 307 to make it clear that the necessary to protect the integrity of the steps are necessary to address potential provision does not apply to HTML EDGAR system and database, by security problems, and our staff will documents because filers are able to reducing the possibility of unauthorized work with filers to minimize any include bold-face type in HTML adverse consequences. 37 documents. The rule provides that information contained in Rule 302—Signatures. Rule 302 43 the linked material is not part of the official filing Rule 310—Marking Changed Material. currently provides that signatures to or for reporting purposes in order to prevent a filing Rule 310 52 provides that the from being considered complete when the entire within electronic documents must be in requirement for marking changed content of the filing is not available without typed form. We are amending this rule reference to another document. This provision materials is satisfied by inserting the tag to make it clear that this provision should not, however, be viewed as a statement that before and the tag following linked material is not considered to be part of the relates only to required signatures to or filed document for other purposes. within electronic submissions.44 We a paragraph containing changed 38 We are considering giving more general public anticipate allowing signatures that are material. We are retaining this redlining guidance on a variety of issues arising from the use not required to appear as script in convention and extending it to HTML of electronic media in contexts other than EDGAR, 53 which could include link liability issues. See note HTML documents once we permit documents. Further, we are allowing 327 in ‘‘The Regulation of Securities Offerings,’’ graphic and image material. filers to mark changed material in Securities Act Release No. 7606A (Nov. 13, HTML documents within paragraphs, as Rule 304—Graphic, Image, Audio and 1998)[63 FR 67174]. well.54 39 17 CFR 232.106. Video Material. Rule 304 45 currently 40 Executable code is defined as instructions to a prohibits the inclusion of graphic, computer to carry out operations that use features image, or audio material in an EDGAR beyond the ability of the viewer, reader, or Internet 47 See Rule 104 [17 CFR 232.104]. browser to interpret and display HTML, PDF, and document. We are adding the word 48 17 CFR 232.305. static graphic files. Such code may be in binary ‘‘video’’ to the rule to make it clear that 49 I.e., the narrative portion of an electronic (machine language) or in script form. See the that information also is prohibited.46 document may not exceed certain character definition of executable code in Rule 11 of Rule 304 applies only to official filings, limitations per line and other formatting Regulation S–T [17 CFR 232.11]. Thus, scripting restrictions. languages, such as JavaScript and similar scripting not to unofficial PDF copies, which may 50 languages, fall into this class of executable code, as contain graphic and image material (but Rule 305(b) [17 CFR 232.305(b)]. does Java, ActiveX, Postscript, and any other 51 17 CFR 232.306. programming language. 52 17 CFR 232.310. 42 If the executable code is contained only in one 41 The term disruptive code means any active 53 or more PDF documents, we will accept the Filers should not redline PDF documents. content or other executable code, or any program submission but not the PDF document(s). While the EDGAR system will remove the redlining or set of electronic computer instructions inserted 43 tags from HTML documents before they are publicly into a computer, operating system, or program that 17 CFR 232.302. 44 We are keeping the rule that required signatures disseminated (just as is currently the case with replicates itself or that actually or potentially ASCII documents), the EDGAR system will not modifies or in any way alters, damages, destroys or be typed to ensure legibility of these signatures. We remove the redlining tags from PDF documents. disrupts the file content or the operation of any are not requiring signatures in unofficial PDF Therefore, if a filer includes redlining tags in a PDF computer, computer file, computer database, copies. computer system, computer network or software, or 45 17 CFR 232.304. document, the disseminated PDF document will as otherwise set forth in the EDGAR Filer Manual. 46 As part of a later rulemaking proposal, we contain redlining tags. A violation of Rule 106 or the relevant provision of anticipate proposing to lift the prohibition on 54 We caution filers that, while evidence of the EDGAR Filer Manual also may be a violation of graphic and image material (but not on audio or redlining tags in HTML documents will not be the Computer Fraud and Abuse Act of 1986, as video material) after the HTML implementation viewable in the browser, it may be viewable in the amended, and other statutes and laws. period. HTML source code.

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B. Other Rule Amendment in not able to make any other electronic III. Cost-Benefit Analysis Connection With EDGAR Modernization filings. With the completion of phase-in, Our determination in 1984 to Paragraph (k)(2)(ii) of Rule 497 55 we are now requiring that filers submit disseminate our EDGAR database to the requires investment company filers to all Form N–SAR exhibits public marked a milestone in public 58 submit additional copies of certain electronically. access to timely information relating to forms of profiles in the primary form Because phase-in has been completed, the nation’s securities markets. Since intended for distribution to investors we also are removing the references to that time, technology has evolved (e.g., paper or electronic media) or, if phase-in for registered investment rapidly. The rules we adopt today the profile is distributed primarily on companies and business development reflect this reality. They represent the the Internet, to provide the electronic companies. first stage of our modernization address (URL) of the profile page(s) in 2. Other Rule Amendments program, which will more closely align an exhibit to the electronic filing. We our technology to industry standards are amending paragraph (k)(2)(ii) of Item 22(a)(4) of Schedule 14A and and maintain the effectiveness of this Rule 497 to allow a filer to submit with Forms N–1, N–1A, N–2, N–3, N–4, N– important resource. its electronically filed definitive form of 5, and S–6—Financial Data Schedules. EDGAR modernization will ultimately profile an unofficial PDF copy of the We are revising provisions concerning result in significant benefits to the profile instead. Financial Data Schedules (Schedules) securities markets, investors, and other submitted by registered investment members of the public, by increasing the C. Miscellaneous Amendments companies and business development accessibility of the information that is We also are adopting several companies. We believe that electronic filed and made available through the electronic filing rule amendments that filers that are registered investment EDGAR system. Investors will benefit are not directly associated with EDGAR companies will provide us with from EDGAR modernization because modernization. sufficient financial information in they will receive documents that Schedule form by filing their Schedules communicate more effectively. For 1. Amendments to Regulation S–T 59 with their Forms N–SAR. Therefore, example, the on-line presentation of Rule 10—Form ID. Rule 10 56 provides we are removing the requirement for documents formatted in HTML (unlike that filers must file Form ID, the registered investment companies to in ASCII) better accommodates the sort uniform application for access codes to submit Schedules with other forms and 60 of indentation, spacing, bullet points, file on the EDGAR system, before they filings. Business development and highlighting that we encourage in begin electronic filing. We are amending companies will continue to submit our plain English guidance. Acceptance Rule 10 to make it clear that filers must Schedules with their Form 10–K filings; of unofficial documents in PDF format submit Form ID in paper format. face amount certificate companies and should allow even greater preservation Rule 101(a)—Mandated Electronic other investment companies filing on of the original presentation of the Submissions and Exceptions. The note forms not unique to investment document. We are aware that the to paragraph (a)(1)(iii) of Rule 101 companies will continue to submit 61 process of converting a document to an instructs filers filing Schedules 13D and Schedules with the relevant forms. ASCII format can result in a document 13G with respect to foreign private Investment Company Act Rules 8b–23 that is difficult to read. Allowing the issuers to file in paper because one of and 8b–32—Incorporation by Reference; voluntary filing of HTML documents is the required data elements—the IRS tax Incorporation of Exhibits by Reference. an important first step in the transition identification number—is not available We are making minor revisions to Rules 62 to a broader use of HTML in filings. for foreign issuers. However, a paper 8b–23 and 8b–32 to remove the Companies that make public filings filing is no longer necessary. The staff reference to Regulation S–T Rule 102. will benefit from having the option to advises these filers to include in the This reference is no longer relevant file HTML documents and to submit EDGAR submission header all zeroes following completion of phase-in by unofficial PDF copies because their (i.e., 00–0000000) for the IRS tax investment company registrants. HTML and PDF documents will identification number, so that they may communicate more effectively with file electronically. We are amending the 58 We are removing the last sentence of shareholders and be more attractive for note to this rule to formalize the existing Instruction F(2) of Form N–SAR [17 CFR 274.101], which allowed filers to submit exhibits to the form marketing and other purposes. As practice and permit electronic filing. in paper, and removing the exemption for small investors find that they can more Rules 101(b), 102(e), and 303— business investment companies, which are now effectively obtain the information they Permitted Electronic Submissions; phased-in to electronic filing. Finally, we are seek from the EDGAR system, filers revising Instruction F(1) to correctly reference Sub- Exhibits; and Incorporation by should get fewer requests for paper Reference. Item 77Q1 (Exhibits). 59 Unit investment trusts are not required to copies of filings. Some filers that Currently, electronic filers may submit the Schedule with their N–SARs. prepare documents in HTML for submit exhibits to Forms N–SAR, other 60 See revisions to Item 22(a)(4) of Schedule 14A purposes of offerings or of company web than the Financial Data Schedule, either [17 CFR 240.101]; and Forms N–1 [§§ 239.15 and site postings may find it less 57 274.11], N–1A [§§ 239.15A and 274.11A], N–2 electronically or in paper. We have burdensome to convert documents into allowed filers to submit these exhibits [§§ 239.14 and 274.11a–1], N–3 [§§ 239.17a and 274.11b], N–4 [§§ 239.17b and 274.11c], N–5 the version of HTML provided for in the in paper because, during phase-in to [§§ 239.24 and 274.5], and S–6 [§ 239.16]. We also rules than to convert them into ASCII. electronic filing, registrants could file are revising Rules 485, 486, 487, and 495 [17 CFR At the same time, we recognize that 230.485, 486, 487, and 495], which refer to their Forms N–SAR electronically on a the full transition to HTML formatting voluntary basis in advance of their Financial Data Schedule requirements within registration statement forms. will impose some hardware, software, phase-in date, at a time when they were The staff of the Division of Investment and staffing costs associated with the Management will not object if investment modernization of computer systems to 55 17 CFR 230.497(k)(2)(ii). companies do not include Financial Data Schedules industry standards. At this stage, issuers 56 17 CFR 232.10. in filings under the above rule and forms submitted 57 See the former provisions of Rules 101(b)(7), before the effective date of the amendments. need not incur any immediate costs 102(e)(2), and 303(a)(3)(ii) [17 CFR 101(b)(8), 61 See Rule 483(e)(2)(ii) [17 CFR 483(e)(2)(ii)]. because filing in HTML is voluntary. 102(e)(2), and 202(a)(3)(ii)]. 62 17 CFR 270.8b–23 and 270.8b–32. Some issuers may use filing agents, such

VerDate 06-MAY-99 13:15 May 20, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\A21MY0.062 pfrm07 PsN: 21MYR3 Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and Regulations 27893 as financial printers, if they wish to Exchange Act, to consider the anti- proposing release as Appendix B. We submit HTML documents without competitive effects of any rules that we received no comments on the incurring the system costs themselves. adopt thereunder. Furthermore, Section certification. Filing agents that are not HTML-ready 2(b) of the Securities Act,64 Section 3(f) VI. Paperwork Reduction Act may incur some immediate additional of the Exchange Act,65 and Section costs to meet any customer demand for 2(c) 66 of the Investment Company Act The new rules and amendments do this service. Disseminators of EDGAR require us, when engaging in not come within the scope of the information will face some transitional rulemaking, and considering or Paperwork Reduction Act of 1995 67 costs as they revise their software and determining whether an action is because the new rules and amendments expand their storage capacity to necessary or appropriate in the public do not create a new collection of accommodate HTML and PDF interest, to consider whether the action information.68 63 documents. The volume of HTML and will promote efficiency, competition, VII. Statutory Basis PDF documents is likely to be limited at and capital formation. In compliance first, allowing such disseminators of with our responsibilities under these We are adopting the new rules and EDGAR information time to scale up sections, we requested comment on rule amendments outlined above under their operations over time. As whether the proposals, if adopted, Sections 6, 7, 8, 10 and 19(a) of the technology continues to evolve, we would promote efficiency, competition, Securities Act, Sections 3, 12, 13, 14, believe these transition costs will be and capital formation. We encouraged 15(d), 23(a) and 35A of the Exchange outweighed by longer-term benefits. We commenters to provide empirical data Act, Sections 3, 5, 6, 7, 10, 12, 13, 14, do not have the data to quantify the or other facts to support their views. We 17 and 20 of the Public Utility Act,69 costs or benefits of these amendments. received no comments in response to Section 319 of the Trust Indenture Act We requested comment on the costs and the above request. of 1939,70 and Sections 8, 30, 31 and 38 benefits but received no data. In compliance with our of the Investment Company Act.71 We are providing a month-long test responsibilities under the previously List of Subjects period during which filers may submit mentioned provisions, we considered test filings which include documents in whether the amendments would 17 CFR Parts 230 and 270 HTML and PDF format. This test period promote efficiency, competition and Confidential business information, should provide disseminators with capital formation. Although filing agents Investment companies, Reporting and sufficient time to assure completion of and information disseminators may be recordkeeping requirements, Securities. system changes to accommodate disparately affected depending on their acceptance of HTML and PDF technical readiness and programming 17 CFR Part 232 documents. During the test period, our formats, we believe that the new rules Administrative practice and rules will still require that filers submit and amendments will not impose any procedure, Confidential business live filings entirely in ASCII. Therefore, burden on competition not necessary or information, Reporting and the operations of the disseminators appropriate in the furtherance of the recordkeeping requirements, Securities. should not be disrupted during the test purposes of the securities laws. period. The test period also will provide We believe that the new rules and 17 CFR Part 239 filers the opportunity to test the EDGAR amendments will not have any adverse Reporting and recordkeeping system’s new features. We considered a effect on capital formation. We believe requirements, Securities. further delay in the implementation of the amendments will promote efficiency 17 CFR Part 240 the rules we adopted today. However, in by giving investors information in a balancing the interests of all the affected more readable format and by more Confidential business information, groups, we do not believe that further closely aligning our technical standards Reporting and recordkeeping delay is warranted. to the industry’s. The new rules and requirements, Securities. The rules we adopt today impose no amendments apply equally to all 17 CFR Part 274 costs related to substantive disclosure entities currently required to file on because the new EDGAR rules do not EDGAR. Because the proposed rules and Investment companies, Reporting and substantively change the information amendments are designed in part to recordkeeping requirements, Securities. and disclosure we currently require. permit filers to provide information in Text of the Amendments Rather, the rules merely modify and a format that will be more useful to supplement current rules to reflect the investors, the amendments are In accordance with the foregoing, expanded filing formats and modes of appropriate in the public interest and Title 17, Chapter II of the Code of presentation through which filers may for the protection of investors. Federal Regulations is amended as submit information to us electronically. follows: V. Summary of Regulatory Flexibility IV. Analysis of Burdens on Act Certification PART 230ÐGENERAL RULES AND Competition, Capital Formation and REGULATIONS, SECURITIES ACT OF Our Chairman has certified, under Efficiency 1933 Section 605(b) of the Regulatory Section 23(a)(2) of the Exchange Act Flexibility Act, 5 U.S.C. 605(b), that the 1. The authority citation for part 230 requires us, in adopting rules under the new rules and rule amendments in this continues to read in part as follows: release would not have a significant 63 We continually attempt to reduce the costs of Authority: 15 U.S.C. 77b, 77f, 77g, 77h, 77j, the EDGAR system and to pass those costs along economic impact on a substantial 77r, 77s, 77sss, 78c, 78d, 78l, 78m, 78n, 78o, when possible. For example, in November 1998, number of small entities. The 78w, 78ll(d), 79t, 80a–8, 80a–24, 80a–28, under the new EDGAR contract, we were able to certification, documenting the factual effect a cost savings with the implementation of a basis therefor, was attached to the 67 44 U.S.C. 3501, et seq. new privatized dissemination system. This resulted 68 in our passing along a cost savings of nearly 5 CFR 1320.5(g). $200,000 per year to disseminators when their 64 15 U.S.C. 77b(b). 69 15 U.S.C. 79a, et seq. yearly subscription cost was reduced from $278,000 65 15 U.S.C. 78c(f). 70 15 U.S.C. 77aaa, et seq. to $79,686. 66 15 U.S.C. 80a–2(c). 71 15 U.S.C. 80a–1, et seq.

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80a–29, 80a–30, and 80a–37, unless file on EDGAR, before beginning to file static graphic files. Such code may be in otherwise noted. electronically. binary (machine language) or in script * * * * * * * * * * form. Executable code includes 9. By amending § 232.11 by removing disruptive code. § 230.485 [Amended] all paragraph designations; revising the HTML document. The term HTML 2. By amending § 230.485 by definition of ‘‘electronic filing,’’ and document means an electronic text removing paragraph (f)(2) before the adding the definitions of ‘‘animated document tagged with HyperText Note and redesignating paragraph (f)(1) graphics,’’ ‘‘ASCII document,’’ Markup Language tags in the format as paragraph (f). ‘‘disruptive code,’’ ‘‘electronic required by the EDGAR Filer Manual. document,’’ ‘‘executable code,’’ ‘‘HTML * * * * * § 230.486 [Amended] document,’’ ‘‘hypertext links’’ or Hypertext links or hyperlinks. The 3. By amending § 230.486 by ‘‘hyperlinks,’’ and ‘‘unofficial PDF term hypertext links or hyperlinks removing paragraph (f)(2) before the copy’’ in alphabetical order to read as means the representation of an Internet Note and redesignating paragraph (f)(1) follows: address in a form that an Internet as paragraph (f). § 232.11 Definition of terms used in part browser application can recognize as an § 230.487 [Amended] 232. Internet address. 4. By amending § 230.487 by * * * * * * * * * * Animated graphics. The term removing paragraph (d)(2) and Unofficial PDF copy. The term animated graphics means text or images redesignating paragraph (d)(1) as unofficial PDF copy means an optional that do not remain static but that may paragraph (d). copy of an electronic document that move when viewed in a browser. may be included in an EDGAR ASCII document. The term ASCII § 230.495 [Amended] submission tagged as a Portable document means an electronic text 5. By amending § 230.495 by Document Format document in the document with contents limited to removing paragraph (e)(2) and format required by the EDGAR Filer American Standard Code for redesignating paragraph (e)(1) as Manual and submitted in accordance Information Interchange (ASCII) paragraph (e). with Rule 104 of Regulation S-T characters and that is tagged with (§ 232.104). § 230.497 [Amended] Standard Generalized Mark Up 10. By amending § 232.101 by revising 6. By amending § 230.497 by adding Language (SGML) tags in the format required for ASCII/SGML documents by the note to paragraph (a)(1)(iii) and by a sentence before the last sentence in removing paragraph (b)(7) to read as paragraph (k)(2)(ii) to read as follows: the EDGAR Filer Manual. * * * * * follows: § 230.497 Filing of investment company Disruptive code. The term disruptive § 232.101 Mandated electronic prospectusesÐnumber of copies. code means any active content or other submissions and exceptions. * * * * * executable code, or any program or set (a) Mandated electronic submissions. (k) * * * of electronic computer instructions (1) * * * (2) Filing procedures. *** inserted into a computer, operating (iii) * * * (ii) * * * Filers may fulfill the system, or program that replicates itself requirements of this paragraph by or that actually or potentially modifies Note to paragraph (a)(1)(iii): Electronic submitting with their definitive form of or in any way alters, damages, destroys filers filing Schedules 13D and 13G with profile filed electronically under or disrupts the file content or the respect to foreign private issuers should include in the submission header all zeroes paragraph (k)(1)(ii) of this section an operation of any computer, computer file, computer database, computer (i.e., 00–0000000) for the IRS tax unofficial PDF copy of the profile in identification number because the EDGAR accordance with § 232.104 of this system, computer network or software, and as otherwise set forth in the EDGAR system requires an IRS number tag to be chapter. * * * inserted for the subject company as a Filer Manual. prerequisite to acceptance of the filing. PART 232ÐREGULATION S±TÐ * * * * * * * * * * GENERAL RULES AND REGULATIONS Electronic document. The term FOR ELECTRONIC FILINGS electronic document means the portion 11. By amending § 232.102 by revising of an electronic submission separately paragraph (e) to read as follows: 7. The authority citation for part 232 tagged as an individual document in the § 232.102 Exhibits. continues to read as follows: format required by the EDGAR Filer * * * * * Authority: 15 U.S.C. 77f, 77g, 77h, 77j, Manual. 77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), * * * * * (e) Notwithstanding the provisions of 78w(a), 78ll(d), 79t(a), 80a–8, 80a–29, 80a–30 Electronic filing. The term electronic paragraphs (a) through (d) of this and 80a–37. filing means one or more electronic section, any incorporation by reference by a registered investment company or 8. By amending § 232.10 by revising documents filed under the federal a business development company must paragraph (b) before the Note to read as securities laws that are transmitted or relate only to documents that have been follows: delivered to the Commission in electronic format. filed in electronic format, unless the document has been filed in paper under § 232.10 Application of part 232. * * * * * a hardship exemption (§ 232.201 or * * * * * Executable code. The term executable 232.202) and any required confirming (b) Each registrant, third party, or code means instructions to a computer copy has been submitted. agent must file in paper format a Form to carry out operations that use features ID (§§ 239.63, 249.446, 259.602, 269.7 beyond the viewer’s, reader’s, or * * * * * and 274.402 of this chapter), the Internet browser’s native ability to 12–15. By adding §§ 232.104, 232.105 uniform application for access codes to interpret and display HTML, PDF, and and 232.106 to read as follows:

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§ 232.104 Unofficial PDF copies included Indenture Act (15 U.S.C. 77www), or submission or any document contained in an electronic submission. section 34(b) of the Investment in the accepted electronic submission. (a) An electronic submission may Company Act (15 U.S.C. 80a-33(b)), or The Commission staff may direct the include one unofficial PDF copy of each otherwise subject to the liabilities of electronic filer to resubmit electronic document contained within such sections, and is not part of any electronically replacement document(s) that submission, tagged in the format registration statement to which it or a replacement submission in its required by the EDGAR Filer Manual. relates. An unofficial PDF copy is, entirety, in compliance with this (b) Except as provided in paragraph however, subject to all other civil provision and the EDGAR Filer Manual. (c) of this section, each unofficial PDF liability and anti-fraud provisions of the Note to § 232.106: A violation of this copy must be substantively equivalent above Acts or other laws. section or the relevant EDGAR Filer Manual to its associated electronic document (e) Unofficial PDF copies that are section also may be a violation of the contained in the electronic submission. prospectuses are subject to liability Computer Fraud and Abuse Act of 1986, as An unofficial PDF copy may contain under Section 12 of the Securities Act amended, and other statutes and laws. graphic and image material (but not (15 U.S.C. 77l). 16. By amending § 232.302 by revising animated graphics, or audio or video paragraph (a) to read as follows: material), notwithstanding the fact that § 232.105 Limitation on use of HTML its HTML or ASCII document documents and hypertext links. § 232.302 Signatures. counterpart may not contain such (a) Electronic filers must submit the (a) Required signatures to or within material but must contain a fair and following documents in ASCII: Form N- any electronic submission must be in accurate narrative description or tabular SAR (§ 274.101 of this chapter), Form typed form rather than manual format. representation of any omitted graphic or 13F (§ 249.325 of this chapter), and When used in connection with an image material. Financial Data Schedules submitted in electronic filing, the term ‘‘signature’’ (c) If a filer omits an unofficial PDF accordance with Item 601(c) of means an electronic entry in the form of copy from, or submits one or more Regulation S-K (§ 229.601(c) of this a magnetic impulse or other form of flawed unofficial PDF copies in, the chapter), Item 601(c) of Regulation S-B computer data compilation of any letter electronic submission of an official (§ 228.601(c) of this chapter), or Rule or series of letters or characters filing, the filer may add or resubmit an 483(e) (§ 230.483(e) of this chapter). comprising a name, executed, adopted unofficial PDF copy by electronically Notwithstanding the foregoing or authorized as a signature. Signatures submitting an amendment to the filing provision, electronic filers may submit are not required in unofficial PDF to which it relates. The amendment exhibits to Form N-SAR in HTML, copies submitted in accordance with must include an explanatory note that except for Financial Data Schedules, Rule 104 of Regulation S-T (§ 232.104). the purpose of the amendment is to add which filers must submit in ASCII. * * * * * or to correct an unofficial PDF copy. (b) Electronic filers may not include 17. By amending § 232.303 by revising (1) If such an amendment is filed, the in any HTML document hypertext links paragraph (a)(3) to read as follows: official amendment may consist solely to sites, locations, or documents outside of the cover page (or first page of the the HTML document, including links to § 232.303 Incorporation by reference. document), the explanatory note, and exhibit documents. Electronic filers may (a) * * * the signature page and exhibit index include within an HTML document (3) For a registered investment (where appropriate). The corresponding hypertext links to different sections company or a business development unofficial copy must include the within that single HTML document. company, documents that have not been complete text of the official filing (c) If, notwithstanding paragraph (b) filed in electronic format, unless the document for which the amendment is of this section, electronic filers include document has been filed in paper under being submitted. hypertext links to external sites within a hardship exemption (§ 232.201 or (2) If the amendment is being filed to a submission, information contained in 232.202 of this chapter) and any add or resubmit an unofficial PDF copy such links will not be considered part required confirming copy has been of one or more exhibits, the submission of the official filing for determining submitted. may consist of the following: the official compliance with reporting obligations; * * * * * filing—consisting of the cover page (or however, this information is subject to 18. By amending § 232.304 by revising first page of the document), the the civil liability and anti-fraud the section heading, paragraphs (a) and explanatory note, the signature page provisions of the federal securities laws. (b) and the first sentence of paragraph (where appropriate), the exhibit index, (c) to read as follows: and a separate electronic exhibit § 232.106 Prohibition against electronic document for each exhibit for which an submissions containing executable code. § 232.304 Graphic, image, audio and video unofficial PDF copy is being (a) Electronic submissions must not material. submitted—and the corresponding contain executable code. Attempted (a) If a filer includes graphic, image, unofficial PDF copy of each exhibit submissions identified as containing audio or video material in a document document. However, the text of the executable code will be suspended, delivered to investors and others that official exhibit document need not unless the executable code is contained may not, in accordance with the repeat the text of the exhibit; that only in one or more PDF documents, in requirements of the EDGAR Filer document may contain only the which case the submission will be Manual, be reproduced in an electronic following legend: RESUBMITTED TO accepted but the PDF document(s) filing, the electronically filed version of ADD/REPLACE UNOFFICIAL PDF containing executable code will be that document must include a fair and COPY OF EXHIBIT. deleted and not disseminated. accurate narrative description, tabular (d) An unofficial PDF copy is not filed (b) If an electronic submission has representation or transcript of the for purposes of section 11 of the been accepted, and the Commission omitted material. Such descriptions, Securities Act (15 U.S.C. 77k), section staff later determines that the accepted representations or transcripts may be 18 of the Exchange Act (15 U.S.C. 78r), submission contains executable code, included in the text of the electronic section 16 of the Public Utility Act (15 the staff may delete from the EDGAR filing at the point where the graphic, U.S.C. 79p), section 323 of the Trust system the entire accepted electronic image, audio or video material is

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Provisions requiring the marking of is filed with each copy of the (b)(1) The graphic, image, audio and changed materials are satisfied in ASCII registration statement or report in which video material in the version of a and HTML documents by inserting the it is incorporated by reference. In the document delivered to investors and tag before and the tag case of a registration statement, report, others is deemed part of the electronic following a paragraph containing or prospectus filed in electronic format, filing and subject to the civil liability changed material. HTML documents the registrant need not file a copy of the and anti-fraud provisions of the federal may be marked to show changed document incorporated by reference if securities laws. materials within paragraphs. Financial that document also was filed in (2) Narrative descriptions, tabular statements and notes thereto need not electronic format. A registrant may representations or transcripts of graphic, be marked for changed material. incorporate by reference matter image, audio and video material contained in an exhibit, however, only PART 239ÐFORMS PRESCRIBED included in an electronic filing or to the extent permitted by §§ 270.8b–24 UNDER THE SECURITIES ACT OF 1933 appendix thereto also are deemed part and 270.8b–32. A registrant may not of the filing. However, to the extent 23. The authority citation for part 239 incorporate by reference a Financial such descriptions, representations or continues to read in part as follows: Data Schedule. transcripts represent a good faith effort Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, * * * * * to fairly and accurately describe omitted 28. By amending § 270.8b–32 by graphic, image, audio or video material, 77z–2,77sss, 78c, 78l, 78m, 78n, 78o(d), 78u– 5, 78w(a), 78ll(d), 79e, 79f, 79g, 79j, 79l, 79m, revising paragraph (c) to read as follows: they are not subject to the civil liability 79n, 79q, 79t, 80a–8, 80a–24, 80a–29, 80a–30 and anti-fraud provisions of the federal and 80a–37, unless otherwise noted. § 270.8b±32 Incorporation of exhibits by securities laws. reference. 24. By amending Form S–6 (c) An electronic filer must retain for * * * * * a period of five years a copy of each (referenced in § 239.16) by removing (c) Electronic filings. (1) A registrant publicly distributed document, in the Instruction 5 of Instructions as to may incorporate by reference into a format used, that contains graphic, Exhibits. registration statement or report required image, audio or video material where Note—The text of Form S–6 and the to be filed electronically only exhibits such material is not included in the amendments will not appear in the Code of that have been filed in electronic format, version filed with the Commission. Federal Regulations. unless the exhibit has been filed in *** paper under a hardship exemption PART 240ÐGENERAL RULES AND (§ 232.201 or 232.202 of this chapter) * * * * * REGULATIONS, SECURITIES 19. By amending § 232.305 by and any required confirming copy has EXCHANGE ACT OF 1934 designating the existing text as been submitted. paragraph (a) and adding paragraph (b) 24a. The authority citation for part (2) Notwithstanding paragraph (c)(1) to read as follows: 240 continues to read in part as follows: of this section, a registrant may not Authority: 15 U.S.C. 77c, 77d, 77g, 77j, incorporate by reference a Financial § 232.305 Number of characters per line; Data Schedule. tabular and columnar information. 77s, 77z–2, 77eee, 77ggg, 77nnn, 77sss, 77ttt, (a) * * * 78c, 78d, 78f, 78i, 78j, 78j–1, 78k, 78k–1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u–5, 78w, PART 274ÐFORMS PRESCRIBED (b) Paragraph (a) of this section does 78x, 78ll(d), 79q, 79t, 80a–20, 80a–23, 80a– UNDER THE INVESTMENT COMPANY not apply to HTML documents. 29, 80a–37, 80b–3, 80b–4 and 80b–11, unless ACT OF 1940 20. By amending § 232.306 by revising otherwise noted. paragraph (b) to read as follows: 29. The authority citation for part 274 * * * * * continues to read as follows: § 232.306 Foreign language documents 25. By amending § 240.14a–101 by and symbols. removing paragraph (a)(4) of Item 22. Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m, 78n, 78o(d), 80a–8, 80a–24, (a) * * * and 80a–29, unless otherwise noted. (b) Foreign currency denominations PART 270ÐRULES AND must be expressed in words or letters in REGULATIONS, INVESTMENT 30. By amending Form N–SAR the English language rather than COMPANY ACT OF 1940 (referenced in § 274.101) by revising General Instruction F to read as follows: representative symbols, except that 26. The authority citation for part 270 HTML documents may include any continues to read in part as follows: Note—The text of Form N–SAR and the representative foreign currency symbols amendments will not appear in the Code of that the EDGAR Filer Manual specifies. Authority: 15 U.S.C. 80a–1 et seq., 80a– Federal Regulations. 34(d), 80a–37, 80a–39 unless otherwise The limitations of this paragraph do not noted: Instructions and Form apply to unofficial PDF copies submitted in accordance with Rule 104 * * * * * FORM N–SAR of Regulation S–T (§ 232.104). 27. By amending § 270.8b–23 by SEMI-ANNUAL REPORT 21. By amending § 232.307 by revising paragraph (a) to read as follows: FOR REGISTERED INVESTMENT designating the existing text as § 270.8b±23 Incorporation by reference. COMPANIES paragraph (a) and by adding paragraph (b) to read as follows: (a) Any registrant may incorporate by * * * * * reference, in answer or partial answer to § 232.307 Boldface type. any item of a registration statement or GENERAL INSTRUCTIONS (a) * * * report, any information contained * * * * *

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F. Filings on EDGAR SECURITIES AND EXCHANGE must comply with the provisions of the COMMISSION Filer Manual in order to assure the (1) Attention is directed to Sub-Item timely acceptance and processing of 77Q1 (Exhibits) for certain items of 17 CFR Part 232 filings made in electronic format.2 Filers financial information that are required [Release Nos. 33±7685; 34±41411; 35± should consult the Filer Manual in (Financial Data Schedule). 27026; 39±2373; IC±23844] conjunction with our rules governing (2) Management investment mandated electronic filing when RIN 3235±AG96 companies must file Form N–SAR preparing documents for electronic 3 electronically by direct electronic Adoption of Updated EDGAR Filer submission. The purpose of this new version of transmission only, and in accordance Manual EDGAR and the Filer Manual (Release with the EDGAR Filer Manual. Filing of AGENCY: 6.50) is to modernize EDGAR, making the form on magnetic tapes or diskettes Securities and Exchange Commission. the system easier for filers to use and is not permitted. ACTION: Final rule. documents more attractive and readable * * * * * for the users of public information.4 SUMMARY: The Commission is adopting Beginning June 28, 1999, filers will be PART 239ÐFORMS PRESCRIBED an updated edition of the EDGAR Filer able to submit most filings to us in UNDER THE SECURITIES ACT OF 1933 Manual and is providing for its HyperText Markup Language (HTML), incorporation by reference into the Code in addition to the currently acceptable PART 274ÐFORMS PRESCRIBED of Federal Regulations. Beginning June text-based American Standard Code for UNDER THE INVESTMENT COMPANY 28, 1999, we will be able to accept Information Interchange (ASCII) format. ACT OF 1940 filings submitted to EDGAR in Filers may also submit unofficial copies HyperText Markup Language (HTML) in of filings in Portable Document Format Note—The text of Forms N–2, N–1, N–1A, addition to documents submitted in the (PDF). Test filings using these new N–3, N–4 and N–5 and the amendments will current American Standard Code for features may be made beginning May not appear in the Code of Federal Information Interchange (ASCII) format; 24, 1999. Regulations. filers also will have the option of We are also amending Rule 301 of 31. By amending Form N–2 accompanying their required filings Regulation S–T to provide for the (referenced in §§ 239.14 and 274.11a–1) with unofficial copies in Portable incorporation by reference of the Filer by removing General Instruction I and Document Format (PDF). Beginning May Manual into the Code of Federal redesignating General Instruction J as 24, 1999, and continuing through June Regulations, which incorporation by General Instruction I and removing 25, 1999 (the test period), filers may reference was approved by the Director paragraph 2.r of Item 24 of Part C. submit test filings that include of the Federal Register in accordance documents in HTML and PDF format; with 5 U.S.C. 552(a) and 1 CFR Part 51. 32. By amending Form N–1 filers electing to submit test HTML and/ The revised Filer Manual and the (referenced in §§ 239.15 and 274.11) by or PDF documents during the test amendment to Rule 301 will be effective removing General Instruction H and period must do so in accordance with on June 28, 1999. paragraph (b)(16) to Item 1 of Part II. the new rule provisions. You may obtain paper copies of the 33. By amending Form N–1A EFFECTIVE DATE: The amendment to 17 updated Filer Manual at the following (referenced in §§ 239.15A and 274.11A) CFR part 232 (Regulation S–T) will be address: Public Reference Room, U.S. by removing paragraph (n) of Item 23 effective on June 28, 1999. The new Securities and Exchange Commission, and by redesignating paragraph (o) of edition of the EDGAR Filer Manual (Release 6.50) will be effective on June 1993. Release No. 33–6986 (Apr. 1, 1993) [58 FR Item 23 as paragraph (n). 18638]. The most recent update to the Filer Manual 28, 1999. The incorporation by reference was implemented on June 1, 1998. See Release No. 34. By amending Form N–3 of the EDGAR Filer Manual is approved (referenced in §§ 239.17a and 274.11b) 33–7539 (May 28, 1998) [63 FR 29104]. by the Director of the Federal Register 2 See Rule 301 of Regulation S–T (17 CFR by removing General Instruction J and as of June 28, 1999. 232.301). 3 paragraph (b)(17) to Item 28 of Part C. FOR FURTHER INFORMATION CONTACT: In See Release Nos. 33–6977 (Feb. 23, 1993) [58 FR 14628], IC–19284 (Feb. 23, 1993) [58 FR 14848], 35– 35. By amending Form N–4 the Office of Information Technology, 25746 (Feb. 23, 1993) [58 FR 14999], and 33–6980 (referenced in §§ 239.17b and 274.11c) Michael E. Bartell at (202) 942–8800; for (Feb. 23, 1993) [58 FR 15009] for a comprehensive by removing General Instruction J and questions concerning investment treatment of the rules adopted by the Commission paragraph (b)(14) to Item 24 of Part C. company filings, Ruth Armfield governing mandated electronic filing. See also Sanders, Senior Counsel, Division of Release No. 33–7122 (Dec. 19, 1994) [59 FR 67752], 36. By amending Form N–5 in which the Commission made the EDGAR rules Investment Management, at (202) 942– (referenced in §§ 239.24 and 274.5) by final and applicable to all domestic registrants; 0633; and for questions concerning Release No. 33–7427 (July 1, 1997) [62 FR 36450], removing General Instruction H and Corporation Finance company filings, adopting the most recent minor amendments to the Instruction 13 to Instructions as to Margaret R. Black, EDGAR Specialist, at EDGAR rules; Release No. 33–7472 (Oct. 24, 1997) Exhibits. [62 FR 58647], in which the Commission (202) 942–2933. announced that, as of January 1, 1998, it would not Dated: May 17, 1999. SUPPLEMENTARY INFORMATION: Today we accept paper filings required to be filed are adopting an updated EDGAR Filer electronically; and Release No. 34–40935 (Jan. 12, By the Commission. 1999) [64 FR 2843], in which the Commission made Margaret H. McFarland, Manual (‘‘Filer Manual’’), which mandatory the electronic filing of Form 13F. describes the technical formatting 4 Deputy Secretary. On March 10, 1999, we issued a release requirements for the preparation and proposing amendments and new rules to reflect [FR Doc. 99–12811 Filed 5–20–99; 8:45 am] submission of electronic filings through initial changes to filing requirements resulting from BILLING CODE 8010±01±U the Electronic Data Gathering, Analysis, EDGAR modernization, as well as certain other changes to clarify or update the rules. Rulemaking 1 and Retrieval (EDGAR) system. Filers for EDGAR System, Release Nos. 33–7653; 34– 41150; IC–23735 (Mar. 10, 1999) [64 FR 12908]. 1 The Filer Manual originally was adopted on These amendments have been adopted (Release No. April 1, 1993, and became effective on April 26, 33–7684 (May 17, 1999)).

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450 Fifth Street, N.W., Washington, D.C. Sections 8, 30, 31, and 38 of the edition of the EDGAR Filer Manual: 20549–0102. Electronic format copies Investment Company Act.11 Guide for Electronic Filing with the U.S. will be available on the EDGAR List of Subjects in 17 CFR Part 232 Securities and Exchange Commission electronic bulletin board and posted to (Release 6.50) is incorporated into the the SEC’s Web Site. The SEC’s Web Site Incorporation by reference, Code of Federal Regulations by address for the Manual is http:// Investment companies, Registration reference, which action was approved www.sec.gov/asec/ofis/filerman.htm. requirements, Reporting and by the Director of the Federal Register You may also obtain copies from recordkeeping requirements, Securities. in accordance with 5 U.S.C. 552(a) and Disclosure Incorporated, the paper and Text of the Amendment 1 CFR Part 51. You must comply with microfiche contractor for the In accordance with the foregoing, these requirements in order for Commission, at (800) 638–8241. Title 17, Chapter II of the Code of documents to be timely received and Since the Filer Manual relates solely Federal Regulations is amended as accepted. You can obtain paper copies to agency procedure or practice, follows: of the EDGAR Filer Manual from the publication for notice and comment is following address: Public Reference not required under the Administrative PART 232ÐREGULATION S±TÐ Room, U.S. Securities and Exchange Procedure Act.5 It follows that the GENERAL RULES AND REGULATIONS Commission, 450 5th Street, N.W., requirements of the Regulatory FOR ELECTRONIC FILINGS Washington, D.C. 20549–0102 or by Flexibility Act 6 do not apply. calling Disclosure Incorporated at (800) 1. The authority citation for part 232 638–8241. Electronic format copies are Statutory Basis continues to read as follows: available through the EDGAR electronic Authority: 15 U.S.C. 77f, 77g, 77h, 77j, bulletin board and posted to the SEC’s We are adopting the amendment to 77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), Web Site. The SEC’s Web Site address Regulation S–T under Sections 6, 7, 8, 78w(a), 78ll(d), 79t(a), 80a–8, 80a–29, 80a–30 for the Manual is http://www.sec.gov/ 7 and 80a–37. 10, and 19(a) of the Securities Act, asec/ofis/filerman.htm. Information on Sections 3, 12, 13, 14, 15, 23, and 35A 2. Section 232.301 is revised to read becoming an EDGAR E-mail/electronic 8 of the Securities Exchange Act of 1934, as follows: bulletin board subscriber is available by Section 20 of the Public Utility Holding contacting CompuServe Inc. at (800) 9 § 232.301 EDGAR Filer Manual. Company Act of 1935, Section 319 of 576–4247. the Trust Indenture Act of 1939,10 and Electronic filings must be prepared in the manner prescribed by the EDGAR Dated: May 17, 1999. 5 5 U.S.C. 601–612. Filer Manual, promulgated by the By the Commission. 6 5 U.S.C. 553(b). Commission, which sets out the Margaret H. McFarland, 7 15 U.S.C. 77f, 77g, 77h, 77j and 77s(a). technical formatting requirements for Deputy Secretary. 8 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w and 78ll. electronic submissions. The June 1999 9 15 U.S.C. 79t. [FR Doc. 99–12812 Filed 5–20–99; 8:45 am] 10 15 U.S.C. 77sss. 11 15 U.S.C. 80a–8, 80a–29, 80a–30 and 80a–37. BILLING CODE 8010±01±U

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Reader Aids Federal Register Vol. 64, No. 98 Friday, May 21, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

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 212...... 25756 240...... 25756, 27856 Presidential Documents Proclamations: 245...... 25756 7189...... 24275 Executive orders and proclamations 523±5227 246a...... 27856 7190...... 24277 The United States Government Manual 523±5227 274a...... 25756, 27856 7191...... 24279 299...... 25756, 27856 7192...... 24281 Other Services Proposed Rules: 7193...... 25189 103...... 26698 Electronic and on-line services (voice) 523±4534 7194...... 25191 Privacy Act Compilation 523±3187 7195...... 25797 9 CFR Public Laws Update Service (numbers, dates, etc.) 523±6641 7196...... 27437 Proposed Rules: TTY for the deaf-and-hard-of-hearing 523±5229 7197...... 27439 Ch. I ...... 23795 Executive Orders: 3...... 26330 13047 (See Notice of 70...... 27210 ELECTRONIC RESEARCH May 18, 1999)...... 27443 88...... 27210 World Wide Web 13088 (Amended by 94...... 27711 EO 13121)...... 24021 317...... 26892 Full text of the daily Federal Register, CFR and other 13121...... 24021 318...... 26892 publications: July 2, 1910 (Revoked 319...... 26892 http://www.access.gpo.gov/nara in part by PLO 381...... 26892 7388) ...... 23856 Federal Register information and research tools, including Public 10 CFR Inspection List, indexes, and links to GPO Access: Administration Orders: Presidential Determinations: 9...... 24936, 27041 http://www.nara.gov/fedreg No. 99±22 of April 29, 50...... 23763 E-mail 1999 ...... 24501 490...... 26822, 27169 Notice of May 18, Proposed Rules: PENS (Public Law Electronic Notification Service) is an E-mail 1999 ...... 27443 1...... 24531 service that delivers information about recently enacted Public 2...... 24092, 24531 Laws. To subscribe, send E-mail to 5 CFR 7...... 24531 [email protected] 330...... 24503 9...... 24531 19...... 24092 with the text message: 351...... 23531 532...... 23531 20...... 24092 subscribe publaws-l 950...... 27169 21...... 24092 30...... 24092 Use [email protected] only to subscribe or unsubscribe to Proposed Rules: 32...... 23796 PENS. We cannot respond to specific inquiries at that address. 2634...... 25849 40...... 24092 Reference questions. Send questions and comments about the 7 CFR 50...... 24531 Federal Register system to: 51...... 24092, 24531 301...... 23749, 27657 52...... 24531, 27626 [email protected] 354...... 25799 60...... 24092, 24531 The Federal Register staff cannot interpret specific documents or 457...... 24931 61...... 24092 regulations. 915...... 26271 62...... 24531 929...... 24023 63...... 24092 979...... 23754 FEDERAL REGISTER PAGES AND DATES, MAY 72...... 24531 989...... 25419 75...... 24531 23531±23748...... 3 993...... 23759 76...... 24531 23749±24020...... 4 1079...... 25193 100...... 24531 1307...... 23532 24021±24282...... 5 110...... 24531 1308...... 23532 24283±24500...... 6 1430...... 24933 11 CFR 24501±24930...... 7 1703...... 25422 Proposed Rules: 24931±25188...... 10 1940...... 24476 100...... 27478 25189±25418...... 11 1944...... 24476 25419±25796...... 12 Proposed Rules: 12 CFR 25797±26270...... 13 29...... 25462 611...... 25423 26271±26652...... 14 400...... 25464 620...... 25423 26653±26830...... 17 1079...... 25851 960...... 24025 26831±27168...... 18 1412...... 24091 Proposed Rules: Ch. I ...... 25469 27169±27444...... 19 8 CFR 27445±27656...... 20 702...... 27090 3...... 25756 27657±27898...... 21 747...... 27090 103...... 27856 207...... 27660 13 CFR 208...... 27856 120...... 26273

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121...... 26275 284...... 26572 24 CFR 311...... 27693 124...... 27445 375...... 26572 5...... 25726 706 ...... 25433, 25434, 25435, Proposed Rules: 380...... 26572 248...... 26632 25436, 25437, 25820 121...... 23798 385...... 26572 791...... 26632 1903...... 27041 Proposed Rules: 792...... 26632 33 CFR 14 CFR 2...... 27717 982...... 26632 25 ...... 25800, 27175, 27445 153...... 27717 Proposed Rules: 100.L27694 27...... 27447 157...... 27717 Ch. IX ...... 24546, 26923 117 ...... 23545, 24944, 25438, 39 ...... 23763, 23766, 24028, 380...... 27717 761...... 25736 26295, 27179, 27694 151...... 26672 24029, 24031, 24033, 24034, 21 CFR 888...... 24866, 27623 24505, 24507, 25194, 25197, 165 ...... 24286, 24945, 24947, 25198, 25200, 25424, 25426, 2...... 26657 25 CFR 26295, 27695, 27696, 27697 3...... 26657 25802, 25804, 26653, 26831, Proposed Rules: 323...... 25120 5...... 26657 26833, 26835, 26837, 26839, 20...... 24296 Proposed Rules: 27661, 27854 10...... 26657 100...... 24979, 24980 12...... 26657 71 ...... 23538, 23903, 24035, 26 CFR 110...... 27487 16...... 26657 24036, 24510, 24513, 25806, 1...... 26845 117...... 26349, 26350 20...... 26657 26656 165 ...... 23545, 24982, 24983, 25...... 26657 Proposed Rules: 73...... 23768 24985, 24987 50...... 26657 1 ...... 23554, 23811, 24096, 97 ...... 24283, 24284, 27663, 25223, 26348, 26924, 27221, 54...... 26657 34 CFR 27664 56...... 26657 27730 Proposed Rules: 58...... 26657 20...... 23811 300...... 24862 25 ...... 25851, 26900, 27478 60...... 26657 25...... 23811 Proposed Rules: 39 ...... 23552, 24092, 24542, 70...... 26657 31...... 23811 76...... 27152 24544, 24963, 24964, 25218, 71...... 26657 40...... 23811 611...... 27404 26703, 27480, 27483 173...... 26841 27 CFR 71 ...... 23805, 23806, 23807, 177...... 27177 36 CFR 23808, 23809, 225220, 178 ...... 24943, 25428, 26281, Proposed Rules: 62...... 25708 25221, 25222, 26705, 26712, 26841, 26842, 27854 9...... 24308 254...... 25821 26922 200...... 26657 28 CFR 800...... 27044 91...... 27160 201...... 26657 108...... 23554 202...... 26657 540...... 25794 37 CFR 1260...... 26923 206...... 26657 Proposed Rules: 251...... 25201 0...... 24972 207...... 26657 Proposed Rules: 15 CFR 16...... 24972 210...... 26657 1...... 25223 20...... 24972 30...... 24942 211...... 26657 2...... 25223 50...... 24972 734...... 27138 299...... 26657 3...... 25223 302...... 24547 736...... 27138 300...... 26657 6...... 25223 738...... 27138 310...... 26657, 27666 540...... 27166 740...... 27138 312...... 26657 551...... 24468 38 CFR 314...... 26657 742...... 27138 29 CFR 4...... 25202 315...... 26657 745...... 27138 21...... 23769, 26297 316...... 26657 4044...... 26287 746...... 24018, 25807 Proposed Rules: 748...... 27138 320...... 26657 Proposed Rules: 333...... 26657 1926...... 26713 4...... 25246 758...... 27138 17...... 23812, 27733 772...... 27138 352...... 27666 2700...... 24547 369...... 26657 774...... 27138, 27854 30 CFR 40 CFR Proposed Rules: 510...... 26657 208...... 26240 Ch. VII...... 25126 922...... 27484 514...... 26657 520...... 26657 241...... 26240 9 ...... 23906, 25126, 27450 16 CFR 522...... 26657, 26670 242...... 26240 35...... 23734 524...... 26657 243...... 26240 51...... 26298 Proposed Rules: 529...... 26657 250...... 26240 52 ...... 23774, 24949, 25210, 453...... 24250 556...... 26670, 26671 290...... 26240 25214, 25822, 25825, 25828, 26306, 26876, 26880, 27179, 17 CFR 558 ...... 23539, 26671, 26844 943...... 23540 601...... 26657 946...... 23542 27465, 27699 1...... 24038 640...... 26282 948...... 26288 60 ...... 24049, 24511, 26484, 17...... 24038 700...... 27666 Proposed Rules: 27623 18...... 24038 740...... 27666 701...... 23811 61...... 24288 150...... 24038 800...... 26657 724...... 23811 62...... 25831 230...... 27888 801...... 26657 773...... 23811 63 ...... 24288, 24511, 26311, 232...... 27888, 27895 807...... 26657 774...... 23811 27450 239...... 27888 809...... 26657 778...... 23811 70...... 23777 240...... 25144, 27888 812...... 26657 842...... 23811 72...... 25834 249...... 25144 860...... 26657 843...... 23811 73...... 25834 270...... 24488, 27888 Proposed Rules: 846...... 23811 81...... 24949 274...... 27888 207...... 26330 914...... 27484 85...... 23906 Proposed Rules: 607...... 26330 86...... 23906 31 CFR 240...... 25153 640...... 26344 88...... 23906 249...... 25153 807...... 26330 205...... 24242 136...... 26315 270...... 24489 884...... 24967 515...... 25808 180 ...... 24292, 25439, 25448, 1020...... 23811 Proposed Rules: 25451, 25842, 27182, 27186, 18 CFR 1308...... 24094, 25407 1...... 24454 27197 2...... 26572 232...... 25120 153...... 26572 22 CFR 32 CFR 260...... 26315 157...... 26572 171...... 25430 290...... 25407 261...... 25410

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262...... 25410 44 CFR 20...... 26885 216...... 25540 268...... 25410 59...... 24256 24...... 26887 223...... 25540 271...... 23780 61...... 24256 73 ...... 24522, 24523, 26327, 229...... 25540 300...... 24949, 26883 62...... 27705 26697, 27710 231...... 25540 600...... 23906 64...... 24512, 24957 74...... 24523 232...... 25540 Proposed Rules: 65 ...... 24515, 24516, 26690, 80...... 26885 238...... 25540 52 ...... 23813, 24117, 24119, 26692 87...... 27471 531...... 27201 24549, 24988, 24989, 25854, 67...... 24517, 26694 Proposed Rules: 571...... 27203 25855, 25862, 26352, 26926, Proposed Rules: 1...... 23571 Proposed Rules: 26927, 27223 67...... 24550, 26715 22...... 23571 229...... 23816 60...... 26569 24...... 23571 231...... 23816 62...... 25863 45 CFR 26...... 23571 232...... 23816 27...... 23571 70...... 23813 Proposed Rules: 260...... 27488 64...... 26927 80...... 26004, 26142 2505...... 25260 360...... 24123 73 ...... 23571, 24565, 24566, 81...... 24123, 27734 387...... 24123 24567, 24996, 24997, 24998, 85...... 26004 46 CFR 390...... 24128 86...... 26004, 26142 26717, 26718, 26719, 26720 16...... 25407 396...... 24128 112...... 26926 74...... 23571 500...... 23545 544...... 26352 141...... 25964 80...... 23571 501...... 23545 567...... 27499 142...... 25964 87...... 23571 502...... 23551 568...... 27499 143...... 25964 90...... 23571 503...... 23545 573...... 27227 144...... 27741 95...... 23571 504...... 23545 577...... 27227 146...... 27741 97...... 23571 506...... 23545 605...... 23590 147...... 27744 101...... 23571 507...... 23545 611...... 25864 180...... 27223 508...... 23545 48 CFR 1244...... 26723 194...... 25863, 26713 514...... 23782 271...... 23814, 25258 213...... 24528 530...... 23782 300...... 24990 225...... 24528, 24529 50 CFR 535...... 23794 444...... 26714 252...... 24528, 24529 540...... 23545 715...... 25407 17...... 25216 545...... 23551 222...... 25460, 27206 42 CFR 1815...... 25214 550...... 23551 1816...... 25214 223...... 25460, 27206 405...... 25456 551...... 23551 1819...... 25214 226...... 24049 410...... 25456 555...... 23551 1852...... 25214 285...... 27207 413...... 25456 560...... 23551 Proposed Rules: 300...... 26890 414...... 25456 565...... 23551 1...... 26264 600...... 24062 415...... 25456 571...... 23551 12...... 26264 648...... 24066 424...... 25456 572...... 23794 16...... 24472 660 ...... 24062, 24078, 26328 485...... 25456 582...... 23545 23...... 26264 679 ...... 24960, 25216, 27208, 498...... 24957 585...... 23551 31...... 27654 27476 Proposed Rules: 586...... 23551 45...... 23982 Proposed Rules: 405...... 24549 587...... 23551 48...... 24472 17 ...... 25263, 26725, 27747 412...... 24716 588...... 23551 52 ...... 23982, 24472, 26264 20...... 23742 413...... 24716 Proposed Rules: 215...... 23814 223...... 26355 483...... 24716 356...... 24311 1845...... 26721 224...... 26355 485...... 24716 1852...... 26721 226...... 24998, 26355 47 CFR 600...... 27749 43 CFR 1...... 26883, 27200 49 CFR 622...... 27750 4...... 26240 17...... 27471 1...... 24959 648...... 25472, 27749

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REMINDERS Summer flounder, scup, request; comments due The items in this list were COMMENTS DUE NEXT and black sea bass; by 5-24-99; published 4- comments due by 5-24- 23-99 editorially compiled as an aid WEEK to Federal Register users. 99; published 4-7-99 FEDERAL Inclusion or exclusion from International fisheries COMMUNICATIONS AGRICULTURE this list has no legal regulations: COMMISSION DEPARTMENT significance. Pacific halibutÐ Common carrier services: Agricultural Marketing Sitka Sound; local area Service Telecommunications Act of management plan; 1996; implementationÐ RULES GOING INTO Fruits; import regulations: comments due by 5-28- Local competition EFFECT MAY 21, 1999 Nectarines; comments due 99; published 4-28-99 provisions; comments by 5-26-99; published 3- Ocean and coastal resource due by 5-26-99; AGRICULTURE 26-99 management: published 4-26-99 DEPARTMENT AGRICULTURE Marine sanctuariesÐ Rate integration Animal and Plant Health DEPARTMENT Gulf of Farallones requirement; comments Inspection Service Animal and Plant Health National Marine due by 5-27-99; Plant-related quarantine, Inspection Service Sanctuary, CA; published 5-18-99 domestic: Animal welfare: motorized personal Radio stations; table of watercraft operation; Fire ant, imported; published Marine mammals; human assignments: comments due by 5-24- 5-21-99 handling, care, treatment, Arizona; comments due by and transportation; 99; published 4-23-99 5-24-99; published 4-8-99 ENVIRONMENTAL comments due by 5-26- COMMODITY FUTURES PROTECTION AGENCY Arkansas; comments due by 99; published 5-14-99 TRADING COMMISSION 5-24-99; published 4-8-99 Air quality implementation Rats and mice bred for use Contract market designation plans; approval and California; comments due by in research and birds; applications; fee schedule; 5-24-99; published 4-8-99 promulgation; various definition as animals; comments due by 5-24-99; Colorado; comments due by States: rulemaking petition; published 4-22-99 5-24-99; published 4-8-99 Georgia; published 5-21-99 comments due by 5-28- DEFENSE DEPARTMENT Kansas; comments due by FEDERAL 99; published 3-4-99 Acquisition regulations: 5-24-99; published 4-8-99 COMMUNICATIONS AGRICULTURE Security responsibilities; oral COMMISSION DEPARTMENT HEALTH AND HUMAN attestation; comments due SERVICES DEPARTMENT Radio broadcasting: Food and Nutrition Service by 5-24-99; published 3- Children and Families Radio technical rules; Food stamp program: 25-99 Administration streamlining; biennial Issuance and use of ENVIRONMENTAL Head Start Program: regulatory review; coupons; electronic PROTECTION AGENCY Selection and funding of published 4-21-99 benefits transfer systems Air programs: Radio stations; table of approval standards; audit grantees; policies and Ambient air quality procedures; comments assignments: requirements; comments standards, nationalÐ due by 5-24-99; published due by 5-24-99; published Michigan; published 5-21-99 Fine particulate matter; 2-23-99 3-24-99 FEDERAL EMERGENCY reference method HEALTH AND HUMAN MANAGEMENT AGENCY AGRICULTURE revisions; comments DEPARTMENT SERVICES DEPARTMENT Disaster assistance: due by 5-24-99; Food Safety and Inspection published 4-22-99 Freedom of Information Act; Declaration process; cost- implementation; comments Service Fine particulate matter; share adjustment; due by 5-26-99; published Meetings: reference method published 4-21-99 3-26-99 revisions; comments INTERIOR DEPARTMENT Codex Alimentarius Commission- due by 5-24-99; HEALTH AND HUMAN National Park Service SERVICES DEPARTMENT Executive Committtee; published 4-22-99 Special regulations: comments due by 5-24- Air programs; approval and Public Health Service Kaloko-Honokohau National 99; published 5-24-99 promulgation; State plans Indian Child Protection and for designated facilities and Family Violence Prevention Historical Park, HI; public COMMERCE DEPARTMENT nudity prohibition; pollutants: Act; implementation: Export Administration published 4-21-99 Maryland; comments due by Individuals employed in Bureau JUSTICE DEPARTMENT 5-24-99; published 4-23- positions involving regular Export licensing: 99 Immigration and contact with or control Organization of American Naturalization Service Air quality implementation over Indian children; States (OAS); model plans; approval and minimum standards of Immigration: regulations for control of promulgation; various character and employment Application for refugee international movement of States: suitability; comments due status; acceptable firearms, parts, Arizona et al.; comments by 5-24-99; published 3- sponsorship agreement components, and due by 5-24-99; published 25-99 and guaranty of ammunition; comments 4-23-99 INTERIOR DEPARTMENT transportation; published due by 5-28-99; published 5-21-99 4-13-99 Texas; comments due by 5- Fish and Wildlife Service 24-99; published 4-23-99 Endangered and threatened TRANSPORTATION COMMERCE DEPARTMENT Pesticide programs: species: DEPARTMENT National Oceanic and Federal Insecticide, Abutilon eremitopetalum, Federal Aviation Atmospheric Administration Fungicide, and etc. (245 Hawaiian Administration Fishery conservation and Rodenticide Act; plant- plants); critical habitat Airworthiness directives: management: pesticide terminology; designation reevaluation; McDonnell Douglas; Northeastern United States alternative name comments due by 5-24- published 4-16-99 fisheriesÐ suggestions; comment 99; published 3-24-99

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Alabama sturgeon; accounts; offer and sale Porsche; comments due by The text of laws is not comments due by 5-26- of securities; correction; 5-26-99; published 3-26- published in the Federal 99; published 3-26-99 comments due by 5-28- 99 Register but may be ordered JUSTICE DEPARTMENT 99; published 4-14-99 Pratt & Whitney; comments in ``slip law'' (individual Grants: TRANSPORTATION due by 5-24-99; published pamphlet) form from the 4-22-99 Superintendent of Documents, Justice Programs Office; DEPARTMENT Coast Guard Sikorsky; comments due by U.S. Government Printing violent crimes against Office, Washington, DC 20402 women on campuses; Ports and waterways safety: 5-24-99; published 3-23- 99 (phone, 202±512±1808). The comments due by 5-24- Puget Sound area waters; text will also be made 99; published 4-23-99 safety improvement SOCATA-Groupe Aerospatiale; comments available on the Internet from LABOR DEPARTMENT feasibility study; GPO Access at http:// comprehensive cost- due by 5-24-99; published Grants, contracts, and other 3-29-99 www.access.gpo.gov/nara/ agreements, and States, benefit analysis; index.html. Some laws may Stemme GmbH & Co. KG; local governments, and non- comments due by 5-24- not yet be available. comments due by 5-28- profit organizations; audit 99; published 11-24-98 99; published 4-26-99 requirements; comments Regmywas and marine S. 453/P.L. 106±27 due by 5-24-99; published parades: Class E airspace; comments 3-25-99 Special Olympics 1999 due by 5-24-99; published To designate the Federal 4-20-99 MINE SAFETY AND HEALTH Summer Sailing Regatta; building located at 709 West Class E airspace; correction; FEDERAL REVIEW comments due by 5-26- 9th Street in Juneau, Alaska, comments due by 5-24-99; COMMISSION 99; published 4-26-99 as the ``Hurff A. Saunders TRANSPORTATION published 5-4-99 Federal Building''. (May 13, Federal Mine Safety and Federal airways and jet 1999; 113 Stat. 52) Health Review Commission DEPARTMENT Federal Aviation routes; comments due by 5- Procedural rules; comments 26-99; published 4-14-99 S. 460/P.L. 106±28 due by 5-28-99; published Administration TRANSPORTATION 5-7-99 Air carrier certification and To designate the United operations: DEPARTMENT States courthouse located at NUCLEAR REGULATORY Research and Special 401 South Michigan Street in COMMISSION Foreign air carrier operations; security Programs Administration South Bend, Indiana, as the Production and utilization programs; comments due Hazardous materials: ``Robert K. Rodibaugh United facilties; domestic licensing: by 5-24-99; published 3- Hazardous materials States Bankruptcy Nuclear power plantsÐ 22-99 transportationÐ Courthouse''. (May 13, 1999; Alternative source terms Airworthiness directives: DOT cylinder 113 Stat. 53) use; comments due by Airbus; comments due by 5- specifications and 5-25-99; published 3-11- Last List May 7, 1999 24-99; published 4-23-99 maintenance, 99 Alexander Schleicher requalification, and PERSONNEL MANAGEMENT Segelflugzeugbau; repair requirements; OFFICE comments due by 5-28- comments due by 5-28- 99; published 12-31-98 Public Laws Electronic Prevailing rate systems; 99; published 4-26-99 Notification Service comments due by 5-26-99; TREASURY DEPARTMENT Boeing; comments due by (PENS) published 4-26-99 5-26-99; published 3-26- Internal Revenue Service Retirement: 99 Income taxes, etc.: Federal employees' group British Aerospace; Federal deposits; electronic life insurance program; comments due by 5-24- funds transfers; comments PENS is a free electronic mail new premium rates; 99; published 4-23-99 due by 5-24-99; published notification service of newly comments due by 5-27- Dassault; comments due by 3-23-99 enacted public laws. To 99; published 4-27-99 5-24-99; published 5-3-99 subscribe, send E-mail to [email protected] with SECURITIES AND Eurocopter France; LIST OF PUBLIC LAWS the text message: EXCHANGE COMMISSION comments due by 5-24- Securities and investment 99; published 3-23-99 This is a continuing list of subscribe PUBLAWS-L Your companies: Fokker; comments due by public bills from the current Name. Canadian tax-deferred 5-24-99; published 4-23- session of Congress which retirement savings 99 have become Federal laws. It Note: This service is strictly accounts; offer and sale McDonnell Douglas; may be used in conjunction for E-mail notification of new of securities; comments comments due by 5-24- with ``P L U S'' (Public Laws public laws. The text of laws due by 5-28-99; published 99; published 3-23-99 Update Service) on 202±523± is not available through this 3-26-99 New Piper Aircraft, Inc.; 6641. This list is also service. PENS cannot respond Canadian tax-deferred comments due by 5-28- available online at http:// to specific inquiries sent to retirement savings 99; published 3-19-99 www.nara.gov/fedreg. this address.

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